REPRESENTATIVES Carey, Calvert, Core, Peterson, Husted, Grendell, Faber, Evans, Metzger, Buehrer, Hoops, Widowfield, Hughes, Clancy, Gilb, Raga, Webster, Womer Benjamin, DeWine, Collier, Setzer, Niehaus, Reidelbach, Flowers, Cates, Fessler, Schmidt, Hagan
A BILL
To amend sections
9.06, 9.821, 9.822, 101.15,
101.27, 101.30, 101.34, 101.37, 101.72,
101.73,
102.02,
102.03, 102.031, 102.06, 103.143, 105.41,
111.16,
111.18,
111.23, 111.25,
118.08, 119.12,
120.06, 120.16,
120.26, 120.33, 121.04, 121.371,
121.40, 121.63,
122.011,
122.71,
122.76, 122.92,
124.24, 124.82, 125.22, 126.11,
126.21,
127.16,
131.01, 133.021, 133.06, 133.07,
140.01,
151.04,
166.03,
169.01, 173.40, 173.46, 173.47, 175.03,
175.21,
175.22, 175.24, 179.02,
179.03,
179.04,
181.51,
181.52, 181.54, 181.55, 181.56,
183.09,
183.10, 183.17, 183.28, 183.30,
301.27,
313.091,
325.071, 329.042,
349.01, 503.162, 504.03,
504.04,
505.24,
507.09,
901.43, 901.63, 901.81,
901.82,
917.07,
917.99,
1309.40,
1309.401,
1309.402,
1309.42,
1329.01,
1329.04, 1329.06,
1329.07,
1329.42,
1329.421,
1329.45, 1329.56,
1329.58,
1329.60,
1329.601, 1345.21,
1501.01,
1501.04,
1501.23,
1501.40, 1503.011, 1507.01,
1509.06,
1509.071, 1509.08, 1509.11, 1509.23,
1513.05,
1513.13, 1513.14,
1514.11, 1521.04,
1531.35,
1533.13,
1547.67,
1561.05,
1561.07,
1561.11,
1561.12, 1561.13, 1561.14, 1561.15,
1561.16,
1561.17, 1561.18, 1561.19, 1561.20,
1561.21,
1561.22, 1561.23, 1561.26, 1561.35,
1561.351,
1561.46, 1561.51,
1561.52, 1563.13,
1565.04,
1565.06, 1565.07, 1565.08, 1565.25,
1701.05,
1701.07,
1701.81,
1702.05,
1702.06,
1702.43,
1702.59,
1703.04, 1703.041,
1703.15,
1703.17,
1703.27,
1703.31, 1705.05,
1705.06,
1705.38,
1705.55,
1746.04, 1746.06,
1746.15,
1747.03,
1747.04,
1747.10, 1775.63,
1775.64,
1782.04,
1782.08,
1782.09, 1782.433,
1785.06,
1901.26,
1907.24,
2303.201,
2317.02,
2317.022,
2329.66,
2715.041, 2715.045,
2716.13,
2921.13,
2953.21,
3109.14, 3109.17, 3119.022,
3301.075,
3301.70,
3301.80, 3301.85, 3307.05, 3311.057,
3313.37,
3313.41, 3313.603, 3313.64, 3314.07,
3314.08,
3314.09, 3316.20, 3317.01, 3317.012,
3317.013,
3317.014,
3317.02,
3317.021, 3317.022,
3317.023,
3317.024,
3317.029,
3317.0212,
3317.0213,
3317.0216,
3317.03, 3317.05,
3317.051,
3317.06,
3317.064,
3317.11, 3317.13,
3317.16,
3317.161,
3317.162,
3317.19, 3317.20, 3318.01,
3318.04,
3318.08,
3318.084, 3318.10, 3318.31,
3318.36,
3319.19,
3321.01,
3323.09, 3323.091,
3327.10,
3333.02, 3333.03,
3333.043,
3333.12,
3333.13,
3333.21, 3333.22, 3345.19, 3353.07,
3383.01,
3383.02,
3383.04,
3383.07, 3505.063,
3517.092,
3701.142,
3702.68, 3704.034,
3721.07,
3721.12,
3721.16, 3721.17, 3721.51, 3721.56,
3734.57,
3734.82,
3734.901, 3734.904, 3735.27,
3745.014,
3745.04,
3745.11,
3745.22, 3748.07,
3748.13,
3750.02, 3750.13, 3769.08, 3769.085,
3769.20,
3770.06,
3793.04, 3902.23,
3923.28,
3923.30,
4105.17,
4115.10, 4121.44,
4123.27,
4301.12,
4301.17, 4301.422, 4301.43, 4303.33,
4303.331,
4503.10, 4503.102, 4503.12, 4503.182,
4504.05,
4505.061, 4506.08, 4507.23, 4507.24,
4507.50,
4507.52,
4511.81, 4519.03, 4519.10,
4519.56,
4519.69, 4701.10,
4701.16, 4707.01,
4707.011,
4707.02, 4707.03, 4707.04, 4707.05,
4707.06,
4707.07, 4707.071, 4707.072, 4707.08,
4707.09,
4707.10, 4707.11, 4707.111, 4707.12,
4707.13,
4707.15, 4707.152, 4707.16, 4707.19,
4707.20,
4707.21, 4707.23, 4707.99, 4713.10,
4715.03,
4715.13,
4715.14,
4715.16, 4715.21,
4715.24,
4715.27,
4717.02,
4717.07, 4717.08,
4717.09,
4723.08, 4723.32,
4723.79, 4725.44,
4725.48,
4725.49, 4729.65,
4731.14, 4731.53,
4734.20,
4736.12,
4736.14,
4743.05, 4755.01,
4761.05,
4775.01, 4775.02,
4775.08,
4775.99,
4779.01,
4779.02, 4779.16, 4779.19, 4779.20,
4779.26,
4911.02, 4911.17,
5101.071,
5101.14,
5101.141,
5101.145,
5101.184,
5101.19,
5101.36,
5101.521,
5101.54,
5101.80,
5101.83,
5101.85,
5101.853,
5101.854,
5103.031, 5103.033, 5103.036,
5103.0312,
5103.0313, 5103.0314, 5103.0316,
5103.07, 5107.02,
5107.10,
5107.14,
5107.18,
5108.01, 5108.06,
5108.07,
5108.08,
5108.09,
5108.10, 5111.01,
5111.041,
5111.17,
5111.25,
5111.251, 5111.262, 5111.28,
5111.29,
5111.87,
5119.01,
5119.06,
5119.61, 5120.10, 5122.31,
5123.01, 5123.041, 5123.60, 5123.71, 5123.76,
5126.01, 5126.042, 5126.05,
5126.051, 5126.12,
5126.18, 5126.357, 5126.431, 5139.01,
5139.11,
5139.29,
5139.31,
5153.165,
5153.60, 5153.69,
5153.78, 5703.17, 5703.49,
5705.091, 5705.19,
5705.41, 5705.44, 5709.17,
5721.30,
5725.31,
5727.25, 5727.26, 5727.81, 5727.811, 5727.82,
5727.84, 5727.85, 5728.08,
5729.07, 5731.21,
5733.02, 5733.021, 5733.053, 5733.056,
5733.06,
5733.12, 5733.122, 5733.18,
5733.401, 5733.42,
5735.06, 5735.061, 5739.01,
5739.02, 5739.024,
5739.032,
5739.07, 5739.102, 5739.12, 5739.121,
5739.13, 5739.18, 5741.10,
5741.12, 5743.62,
5743.63, 5745.03, 5745.04,
5747.122,
5747.221,
5747.39, 5749.06,
6101.25,
6109.21,
6111.035,
and 6111.044; to amend, for the
purpose
of
adopting
new section numbers as
indicated
in
parentheses,
sections 3317.161
(3317.052),
3317.162 (3317.053),
5101.19
(329.19),
5101.071
(5101.251), 5101.853
(5101.851),
5101.854
(5101.853), 5108.06
(5108.03), 5108.07
(5108.05),
5108.08
(5108.06), and 5111.87
(5111.871);
to
enact new
sections
5101.852,
5108.07, 5108.08,
5111.87, and
5126.054 and
sections
101.302,
101.303, 103.33, 109.761, 122.60, 122.601,
122.602, 122.603, 122.604, 122.605, 340.16,
504.21,
1502.12,
1513.10, 1521.19,
3302.041,
3303.01,
3305.061,
3311.058, 3311.062, 3313.21,
3314.072, 3314.091,
3317.0217,
3318.042, 3318.086,
3318.363,
3318.50,
3318.51,
3318.52, 3353.11,
3383.09, 3701.92,
3745.10,
3745.15, 3748.08,
3750.081, 4117.102, 4715.031,
4723.062,
4731.573,
4905.87,
5101.821,
5111.0110,
5111.042,
5111.081,
5111.171,
5111.63, 5111.64,
5111.85,
5111.86,
5111.872, 5111.873, 5123.044, 5123.045,
5123.046,
5123.047, 5123.048, 5123.049, 5123.0410,
5123.0411, 5123.0412, 5123.0413,
5126.046,
5126.047, 5126.055, 5126.056, 5139.87, and
5153.06;
to contingently enact section 1309.525 of
the Revised Code; and to
repeal
sections
9.832,
103.31, 103.32,
105.45, 105.46, 121.51,
121.52,
121.53,
131.41, 166.032, 307.031, 1329.68,
1503.35,
1503.351, 1507.12, 1553.01,
1553.02,
1553.03, 1553.04, 1553.05, 1553.06, 1553.07,
1553.08,
1553.09, 1553.10, 1553.99, 1561.10,
1561.53, 1561.54, 1561.55, 2151.652,
3317.0215,
3324.01, 3324.02, 3324.03, 3324.04, 3324.05,
3324.06, 3324.07, 3701.88, 3702.17, 3729.01,
3729.02,
3729.03,
3729.05,
3729.10, 3729.11,
3729.12,
3729.14,
3729.15,
3729.16,
3729.17,
3729.18,
3729.21,
3729.22,
3729.23, 3729.24,
3729.26,
3729.29,
3729.36,
3729.40, 3729.41,
3729.43,
3729.45,
3729.46,
3729.55, 3729.61,
3729.99,
5101.143,
5101.52,
5101.541, 5101.542,
5101.543,
5101.851,
5101.852,
5111.341,
5111.88,
5126.054,
5139.28, and 5741.18 of the
Revised
Code; to amend the
versions of sections
5139.29,
5139.31, and 5705.19 and to repeal the version of
section 2151.652 of the
Revised Code that are
scheduled
to take effect
January 1, 2002; and to
amend the
versions of
sections 5139.01 and 5139.11
of the
Revised Code
that are scheduled to take
effect
January 1, 2002,
and to amend Section 153
of Am.
Sub. H.B. 117 of
the 121st General
Assembly, as
subsequently
amended; to amend
Section 3 of Am.
Sub. H.B. 440
of the 121st
General Assembly, as
subsequently
amended; to
amend Section 5 of Am.
Sub. S.B. 50 of
the 121st
General Assembly, as
subsequently
amended; to
amend Section 3 of Am.
Sub. H.B. 215
of the 122nd
General Assembly, as
subsequently
amended; to
amend Section 1 of Sub. H.B. 574 of the 123rd
General Assembly; to
amend Section 3 of Am.
Sub.
H.B. 621
of the 122nd
General Assembly, as
subsequently
amended; to amend Sections 6.02, 9,
and 23 of Am. Sub. H.B. 640 of the 123rd General
Assembly; to amend Sections 6.01 and 18 of Am.
Sub. H.B. 640 of the 123rd General Assembly, as
subsequently amended; to amend Section 9 of Am.
Sub. S.B. 192
of the 123rd General Assembly; to
amend Section 18 of Am. Sub. S.B. 192 of the 123rd
General Assembly, as subsequently amended; to
amend Section 4
of Am. S.B. 210 of the
123rd
General Assembly; to amend Section 28.43 of Sub.
S.B. 245 of the 123rd General Assembly; to
amend
Sections 129 and
180 of
Am.
Sub. H.B. 283
of
the
123rd General
Assembly; to amend Section 1 of Sub.
H.B. 574 of the 123rd General Assembly;
to amend
Sections 10
and 13 of Am. Sub. S.B.
287 of the
123rd
General
Assembly; to repeal Section 4 of Am.
Sub. H.B. 478 of the 119th General Assembly, as
subsequently amended; to repeal
Section 18 of Am.
Sub. H.B. 650
of the
122nd
General Assembly, as
subsequently
amended; to
repeal
Section 17 of Am.
Sub. H.B. 282
of the
123rd
General Assembly, as
subsequently
amended;
to repeal Section 15 of Am.
Sub. S.B. 287
of the
123rd General Assembly and to
repeal
Section 173
of this act
on January 16, 2002
to
make operating
appropriations
for
the biennium
beginning July 1,
2001, and
ending
June 30, 2003,
to provide
authorization
and
conditions for
the
operation of
state
programs, and to
provide that
the provisions of this act relative to the
practices
of orthotics, prosthetics, and
pedorthics terminate on December
31, 2004, when
sections 4779.01, 4779.02, 4779.16, 4779.19,
4779.20, and 4779.26 of the Revised Code are
repealed on that
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.06, 9.821, 9.822, 101.15, 101.27,
101.30, 101.34, 101.37, 101.72, 101.73, 102.02, 102.03, 102.031,
102.06, 103.143,
105.41,
111.16,
111.18,
111.23, 111.25, 118.08,
119.12, 120.06, 120.16,
120.26,
120.33, 121.04, 121.371,
121.40,
121.63, 122.011, 122.71, 122.76, 122.92, 124.24, 124.82, 125.22,
126.11,
126.21, 127.16, 131.01, 133.021, 133.06, 133.07, 140.01,
151.04,
166.03,
169.01, 173.40, 173.46, 173.47, 175.03, 175.21,
175.22, 175.24, 179.02, 179.03, 179.04, 181.51,
181.52,
181.54,
181.55,
181.56,
183.09, 183.10, 183.17, 183.28, 183.30,
301.27,
313.091, 325.071,
329.042, 349.01, 503.162, 504.03, 504.04,
505.24, 507.09, 901.43,
901.63, 901.81, 901.82,
917.07,
917.99,
1309.40,
1309.401,
1309.402, 1309.42, 1329.01,
1329.04,
1329.06,
1329.07, 1329.42,
1329.421, 1329.45, 1329.56,
1329.58,
1329.60,
1329.601, 1345.21, 1501.01, 1501.04, 1501.23,
1501.40, 1503.011,
1507.01, 1509.06, 1509.071, 1509.08, 1509.11, 1509.23, 1513.05,
1513.13, 1513.14,
1514.11,
1521.04, 1531.35,
1533.13,
1547.67,
1561.05,
1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15,
1561.16,
1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22,
1561.23, 1561.26, 1561.35, 1561.351, 1561.46, 1561.51,
1561.52,
1563.13, 1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05,
1701.07,
1701.81,
1702.05,
1702.06,
1702.43, 1702.59, 1703.04,
1703.041,
1703.15, 1703.17,
1703.27,
1703.31, 1705.05, 1705.06,
1705.38,
1705.55, 1746.04,
1746.06,
1746.15, 1747.03, 1747.04,
1747.10,
1775.63, 1775.64,
1782.04,
1782.08,
1782.09, 1782.433,
1785.06,
1901.26, 1907.24,
2303.201,
2317.02, 2317.022, 2329.66,
2715.041,
2715.045,
2716.13, 2921.13, 2953.21,
3109.14, 3109.17,
3119.022, 3301.075,
3301.70,
3301.80, 3301.85, 3307.05, 3311.057,
3313.37, 3313.41, 3313.603,
3313.64,
3314.07, 3314.08, 3314.09,
3316.20, 3317.01, 3317.012, 3317.013,
3317.014, 3317.02,
3317.021,
3317.022, 3317.023, 3317.024,
3317.029, 3317.0212,
3317.0213,
3317.0216, 3317.03, 3317.05,
3317.051, 3317.06, 3317.064, 3317.11,
3317.13, 3317.16, 3317.161, 3317.162,
3317.19, 3317.20, 3318.01,
3318.04,
3318.08, 3318.084, 3318.10,
3318.31, 3318.36, 3319.19,
3321.01, 3323.09, 3323.091, 3327.10,
3333.02, 3333.03, 3333.043,
3333.12,
3333.13, 3333.21, 3333.22, 3345.19, 3353.07, 3383.01,
3383.02,
3383.04,
3383.07, 3505.063, 3517.092,
3701.142, 3702.68,
3704.034,
3721.07,
3721.12, 3721.16,
3721.17, 3721.51, 3721.56,
3734.57,
3734.82, 3734.901, 3734.904, 3735.27, 3745.014,
3745.04,
3745.11,
3745.22, 3748.07, 3748.13, 3750.02, 3750.13,
3769.08,
3769.085,
3769.20, 3770.06, 3793.04, 3902.23, 3923.28, 3923.30,
4105.17,
4115.10, 4121.44,
4123.27, 4301.12, 4301.17, 4301.422,
4301.43, 4303.33, 4303.331, 4503.10, 4503.102, 4503.12, 4503.182,
4504.05, 4505.061, 4506.08, 4507.23, 4507.24, 4507.50, 4507.52,
4511.81, 4519.03, 4519.10, 4519.56, 4519.69,
4701.10, 4701.16,
4707.01,
4707.011, 4707.02, 4707.03, 4707.04, 4707.05, 4707.06,
4707.07,
4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11,
4707.111,
4707.12, 4707.13, 4707.15, 4707.152, 4707.16, 4707.19,
4707.20,
4707.21, 4707.23, 4707.99, 4713.10,
4715.03, 4715.13,
4715.14,
4715.16,
4715.21, 4715.24, 4715.27,
4717.02,
4717.07,
4717.08,
4717.09,
4723.08, 4723.32, 4723.79, 4725.44, 4725.48,
4725.49, 4729.65, 4731.14, 4731.53, 4734.20,
4736.12,
4736.14,
4743.05, 4755.01, 4761.05,
4775.01,
4775.02, 4775.08,
4775.99,
4779.01, 4779.02, 4779.16, 4779.19, 4779.20, 4779.26, 4911.02,
4911.17, 5101.071,
5101.14,
5101.141,
5101.145,
5101.184, 5101.19,
5101.36, 5101.521,
5101.54, 5101.80,
5101.83,
5101.85, 5101.853,
5101.854,
5103.031, 5103.033,
5103.036, 5103.0312, 5103.0313,
5103.0314, 5103.0316, 5103.07,
5107.02,
5107.10, 5107.14, 5107.18,
5108.01, 5108.06, 5108.07,
5108.08,
5108.09, 5108.10, 5111.01,
5111.041,
5111.17, 5111.25,
5111.251, 5111.262, 5111.28,
5111.29,
5111.87,
5119.01, 5119.06,
5119.61, 5120.10, 5122.31,
5123.01,
5123.041,
5123.60, 5123.71, 5123.76, 5126.01, 5126.042, 5126.05,
5126.051,
5126.12,
5126.18, 5126.357, 5126.431, 5139.01, 5139.11,
5139.29,
5139.31,
5153.165, 5153.60, 5153.69, 5153.78, 5703.17,
5703.49,
5705.091, 5705.19, 5705.41, 5705.44,
5709.17, 5721.30,
5725.31, 5727.25, 5727.26,
5727.81,
5727.811, 5727.82, 5727.84,
5727.85, 5728.08,
5729.07, 5731.21, 5733.02, 5733.021, 5733.053,
5733.056,
5733.06, 5733.12, 5733.122, 5733.18,
5733.401, 5733.42,
5735.06, 5735.061,
5739.01, 5739.02, 5739.024, 5739.032,
5739.07,
5739.102, 5739.12, 5739.121, 5739.13, 5739.18, 5741.10,
5741.12,
5743.62, 5743.63, 5745.03, 5745.04,
5747.122,
5747.221, 5747.39,
5749.06, 6101.25,
6109.21,
6111.035, and 6111.044 be amended;
sections 3317.161
(3317.052), 3317.162
(3317.053), 5101.19
(329.19), 5101.071
(5101.251), 5101.853
(5101.851), 5101.854
(5101.853), 5108.06
(5108.03), 5108.07
(5108.05), 5108.08
(5108.06), and 5111.87 (5111.871) be amended
for the purpose of
adopting new section
numbers as indicated in
parentheses; new
sections 5101.852,
5108.07, 5108.08, 5111.87,
and 5126.054 and
sections 101.302, 101.303, 103.33, 109.761, 122.60, 122.601,
122.602, 122.603, 122.604, 122.605, 340.16, 504.21,
1502.12,
1513.10, 1521.19,
3302.041, 3303.01, 3305.061, 3311.058, 3311.062,
3313.21,
3314.072,
3314.091, 3317.0217,
3318.042, 3318.086,
3318.363,
3318.50,
3318.51, 3318.52, 3353.11, 3383.09, 3701.92,
3745.10,
3745.15, 3748.08, 3750.081, 4117.102,
4715.031,
4723.062,
4731.573, 4905.87, 5101.821,
5111.0110,
5111.042, 5111.081,
5111.171, 5111.63,
5111.64,
5111.85,
5111.86, 5111.872, 5111.873,
5123.044,
5123.045, 5123.046, 5123.047, 5123.048, 5123.049,
5123.0410,
5123.0411, 5123.0412, 5123.0413, 5126.046, 5126.047,
5126.055, 5126.056, 5153.06, and 5139.87 be
enacted; and section
1309.525 of the Revised Code contingently be enacted to read as
follows:
Sec. 9.06. (A)(1) The department of rehabilitation and
correction shall contract for the private operation
and management
pursuant to this section of the initial intensive program
prison
established pursuant to section 5120.033 of the
Revised Code and
may contract for the
private operation and management of any other
facility under this section.
Counties
and municipal corporations
to the extent authorized
in sections 307.93, 341.35, 753.03, and
753.15 of the Revised
Code, may contract for the private operation
and management of a facility
under this section. A contract
entered into under
this section shall be for an initial term of
not more
than two years, with an option to renew for additional
periods of two years.
(2)
Not later than
December 31, 1998, the
The department of
rehabilitation and correction, by rule, shall adopt minimum
criteria and
specifications that a person or entity, other than a
person or entity that
satisfies the criteria set forth in division
(A)(3)(a) of this section
and subject to division (I) of this
section,
must satisfy in order to apply to operate and manage as a
contractor pursuant
to this section the initial intensive program
prison established pursuant to
section 5120.033 of the Revised
Code.
(3) Subject to division (I) of this
section, any person or
entity that
applies to operate and manage a facility
as a
contractor pursuant to this section shall satisfy one or more of
the
following criteria:
(a) The person or entity is accredited by the American
correctional association and, at the time
of the application,
operates and manages one or
more facilities
accredited by
the
American correctional association.
(b) The person or entity satisfies all of the minimum
criteria and
specifications adopted by the department of
rehabilitation and correction
pursuant to division (A)(2) of this
section,
provided that this alternative shall be available only in
relation to the
initial intensive program prison established
pursuant to section 5120.033 of
the Revised
Code.
(4) Subject to division (I) of this section, before
a public
entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity
that it can
operate the facility with the inmate capacity required
by the public
entity and provide the services required in this
section and realize at least a five per cent savings over the
projected cost
to the public entity of providing these same
services to operate the facility
that is the subject of the
contract. No out-of-state prisoners may be housed
in any facility
that is the subject of a contract entered into under
this section.
(B) Subject to division (I) of this section, any
contract
entered into under this section shall include all of the
following:
(1) A requirement that the contractor retain the
contractor's accreditation from the American correctional
association
throughout the contract term
or, if the contractor
applied pursuant to division
(A)(3)(b)
of this section, continue
complying with the applicable criteria
and specifications adopted
by the department of rehabilitation
and correction pursuant to
division
(A)(2) of this section;
(2) A requirement that all of the following conditions be
met:
(a) The contractor begins the process of accrediting the
facility
with the American correctional association no later than
sixty days
after the facility receives its first inmate.
(b) The contractor receives accreditation of the facility
within
twelve months after the date the contractor applies to the
American
correctional association for accreditation.
(c) Once the accreditation is received, the contractor
maintains
it for the duration of the contract term.
(d) If the contractor does not comply with divisions
(B)(2)(a) to (c) of this section, the
contractor is in violation
of the contract, and the public entity may revoke
the contract at
its discretion.
(3) A requirement that the contractor comply with all rules
promulgated by
the department of rehabilitation and correction
that apply to the operation
and management of correctional
facilities, including the minimum
standards for jails in Ohio and
policies regarding the use of force
and the use of deadly force,
although the public entity may
require more stringent standards,
and comply with any applicable laws, rules,
or regulations of the
federal, state, and local governments, including, but
not limited
to, sanitation, food service, safety, and health regulations. The
contractor shall be required to send copies of reports of
inspections
completed by the appropriate authorities regarding
compliance with rules and
regulations to the director of
rehabilitation and correction or the director's designee and, if
contracting
with a local public entity, to the governing authority
of that entity.
(4) A requirement that the contractor report for
investigation
all crimes in connection with the facility to the
public entity, to all local
law enforcement agencies with
jurisdiction over the
place at which the facility is located, and,
for
a crime
committed at a state correctional institution, to the
state highway
patrol;
(5) A requirement that the
contractor immediately report all
escapes from the facility, and the
apprehension of all escapees,
by
telephone and in writing to all local law enforcement agencies
with
jurisdiction over the place at which the facility is located,
to the
prosecuting attorney of the county in which the facility is
located, to the
state highway patrol, to a daily newspaper having
general circulation in the
county in which the facility is
located, and, if the
institution
facility is a state
correctional
institution, to the department of rehabilitation
and correction.
The written notice may be by either facsimile transmission or
mail. A failure to comply with this requirement
regarding an
escape is a violation of section 2921.22 of the
Revised Code.
(6) A requirement that, if the facility is a state
correctional
institution, the contractor provide a written report
within specified time
limits to the director of
rehabilitation and
correction or the director's designee of all unusual
incidents at
the facility as defined in rules promulgated by the department of
rehabilitation and correction or, if the facility is a local
correctional
institution, that the contractor provide a written
report
of all unusual incidents at the facility to the governing
authority of the local public entity;
(7) A requirement that
the contractor maintain proper
control of inmates' personal funds pursuant to
rules promulgated
by the department of rehabilitation and correction, for
state
correctional institutions, or pursuant to the minimum standards
for
jails along with any additional standards established by the
local public
entity, for local correctional institutions, and that
records pertaining to
these funds be made available to
representatives of the public entity for
review or audit;
(8) A requirement that the contractor prepare and
distribute
to the director
of rehabilitation and correction or, if
contracting with a local public
entity, to the governing authority
of the local entity, annual budget income
and expenditure
statements and funding source financial reports;
(9) A requirement that the public entity appoint and
supervise a full-time
contract monitor, that the contractor
provide suitable office space
for the contract monitor at the
facility, and that the
contractor allow the contract monitor
unrestricted access to all parts of the
facility and all records
of the facility except the contractor's financial
records;
(10) A requirement that if the facility is a state
correctional
institution, designated department of rehabilitation
and correction staff
members be allowed access to the facility in
accordance with rules promulgated
by the department;
(11) A requirement that the contractor provide internal
and
perimeter security as agreed upon in
the contract;
(12) If the facility is a state correctional institution,
a
requirement that
the contractor impose discipline on inmates
housed in a state
correctional institution, only in accordance
with rules promulgated by the
department of rehabilitation and
correction;
(13) A requirement that the facility be staffed at all
times
with a staffing
pattern approved by the public entity and adequate
both to ensure
supervision of inmates and maintenance of
security
within the facility, and to provide for programs, transportation,
security, and other operational needs. In determining security
needs, the
contractor shall be required to consider, among other
things, the proximity of
the facility to neighborhoods and
schools.
(14) If the contract is with a local public entity, a
requirement that the
contractor provide services and programs,
consistent with
the
minimum standards for jails promulgated by the
department of rehabilitation
and correction under section 5120.10
of the Revised Code;
(15) A clear statement that no immunity from liability
granted to the state,
and no immunity from liability granted to
political subdivisions under Chapter
2744. of the Revised Code,
shall extend to the contractor or any of
the contractor's
employees;
(16) A statement that all documents and records
relevant to
the facility shall be maintained in the same manner required
for,
and subject to the same laws, rules, and regulations as apply to,
the
records of the public entity;
(17) Authorization for the public entity to impose a fine
on
the contractor
from a schedule of fines included in the contract
for the contractor's failure
to perform its contractual duties, or
to cancel the contract, as the public
entity considers
appropriate. If a fine is imposed, the public entity may
reduce
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine.
(18) A statement that all services provided or goods
produced at the facility
shall be subject to the same regulations,
and the same distribution
limitations, as apply to goods and
services produced at other correctional
institutions;
(19) Authorization for the department to establish one or
more prison
industries at a facility operated and managed by a
contractor for the
department;
(20) A requirement that, if the facility is an intensive
program prison
established pursuant to section 5120.033
of the
Revised Code, the facility shall comply with
all criteria for
intensive program prisons of that type that are set forth in
that
section;
(21) If the institution is a state correctional institution,
a requirement
that the contractor provide clothing
for all inmates
housed in the facility that is conspicuous in
its color, style, or
color and style, that conspicuously
identifies its wearer as an
inmate, and that is readily
distinguishable from clothing of a
nature that normally is worn
outside the facility by non-inmates,
that the contractor require
all inmates housed in the facility to
wear the clothing so
provided, and that the contractor not permit
any inmate, while
inside or on the premises of the facility or
while being transported to or
from the facility, to wear any
clothing
of a nature that does not conspicuously identify its
wearer as an
inmate and that normally is worn outside the facility
by
non-inmates.
(C) No contract entered into under this section may require,
authorize, or
imply a delegation of the authority or
responsibility of the public entity to
a contractor for any of the
following:
(1) Developing or implementing procedures for calculating
inmate release and
parole eligibility dates and recommending the
granting or denying of parole,
although the contractor may submit
written reports that have been prepared in
the ordinary course of
business;
(2) Developing or implementing procedures for calculating
and awarding
earned credits, approving the type of work inmates
may perform
and the wage or earned credits, if any, that may be
awarded to inmates engaging in
such
that work, and
granting,
denying, or revoking earned credits;
(3) For inmates serving a term imposed for a felony offense
committed
prior to July 1, 1996, or for a misdemeanor offense,
developing or
implementing procedures for calculating and awarding
good time, approving the
good time, if any, that may be awarded to
inmates engaging in work, and
granting, denying, or revoking good
time;
(4) For inmates serving a term imposed for a felony offense
committed on
or after July 1, 1996, extending an inmate's term
pursuant to the
provisions of law governing bad time;
(5) Classifying an inmate or placing an inmate in
a more or
a less
restrictive custody than the custody ordered by the public
entity;
(6) Approving inmates for work release;
(7) Contracting for local or long distance telephone
services for inmates
or receiving commissions from
such
those
services at a facility that is owned by or
operated under a
contract with the department.
(D) A contractor that has been approved to operate a
facility under this
section, and a person or entity that enters
into a contract for
specialized services, as described in division
(I) of this section,
relative to an intensive program prison
established pursuant to section
5120.033 of the Revised Code to be
operated by a contractor that has been approved to operate
the
prison under this section, shall provide an adequate policy of
insurance specifically including, but not limited to,
insurance
for civil rights claims as determined by a risk management or
actuarial firm with demonstrated experience in public liability
for state
governments. The insurance policy shall provide that
the state, including all
state agencies, and all political
subdivisions of the state with jurisdiction
over the facility or
in which a facility is located are named as insured, and
that the
state and its political subdivisions shall be sent any notice of
cancellation. The contractor may not self-insure.
A contractor that has been approved to operate a
facility
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) of
this section, relative to an intensive program prison established
pursuant to
section 5120.033 of the Revised Code to be
operated by
a contractor that has been approved to
operate the prison under
this section, shall indemnify and
hold harmless the state,
its
officers, agents, and employees, and any local government entity
in the state
having jurisdiction over the facility or ownership of
the facility,
shall reimburse the state for its
costs in defending
the state or any of its officers, agents, or employees, and
shall
reimburse any local government entity of that nature for its costs
in
defending the local government entity, from all of the
following:
(1) Any claims or losses for services rendered by the
contractor,
person, or entity
performing or supplying services in
connection with the performance of the
contract;
(2) Any failure of the contractor, person, or entity or its
officers or employees to adhere to
the laws, rules, regulations,
or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights
claim brought against
the state related to the facility operated
and managed by the contractor;
(4) Any claims, losses, demands, or causes of action arising
out of the
contractor's, person's, or entity's activities in this
state;
(5) Any attorney's fees or court costs arising from any
habeas corpus actions
or other inmate suits that may arise from
any event that occurred at the
facility or was a result of such an
event, or arise over the conditions,
management, or operation of
the facility, which fees and costs shall include,
but not be
limited to, attorney's fees for the state's representation and for
any court-appointed representation of any inmate, and the costs of
any special
judge who may be appointed to hear
such
those actions
or suits.
(E) Private correctional officers of a contractor operating
and managing a facility pursuant to a contract entered into under
this
section may carry and use
firearms in the course of their
employment only after being certified as
satisfactorily completing
an approved training program as described in
division (A) of
section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from,
or of a
disturbance at, the facility that is the subject of a
contract entered into
under this section, the department of
rehabilitation and correction and state
and local law enforcement
agencies shall use all reasonable means to recapture
escapees or
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee
or the
quelling of a disturbance at the facility shall be
chargeable to and borne by
the contractor. The contractor shall
also reimburse the state or its
political subdivisions for all
reasonable costs incurred relating to the
temporary detention of
the escapee following recapture.
(G) Any offense that would be a crime if committed at a
state correctional
institution or jail, workhouse, prison, or
other correctional facility shall be a crime if committed by or
with regard to
inmates at facilities operated pursuant to a
contract entered into under this
section.
(H) A contractor operating and managing a facility
pursuant
to a contract entered into under this section shall pay any
inmate
workers at the facility at the
rate approved by the public entity.
Inmates working at the facility shall not
be considered employees
of the contractor.
(I) In contracting for the private operation and management
pursuant to
division (A) of this section of the initial intensive
program prison
established pursuant to section 5120.033
of the
Revised Code or of any other intensive
program prison established
pursuant to that section, the department of
rehabilitation and
correction may enter into a contract with a contractor for
the
general operation and management of the prison and may enter into
one or
more separate contracts with other persons or entities for
the provision of
specialized services for persons confined in the
prison, including, but not
limited to, security or training
services or medical, counseling, educational,
or similar treatment
programs. If, pursuant to this
division, the department enters
into a contract with a contractor for the
general operation and
management of the prison and also enters into one or
more
specialized service contracts with other persons or entities, all
of the
following apply:
(1) The contract for the general operation and management
shall comply
with all requirements and criteria set forth in this
section, and all
provisions of this section apply in relation to
the prison operated and
managed pursuant to the contract.
(2) Divisions (A)(2), (B), and (C) of this
section do not
apply in relation to any specialized services contract, except
to
the extent that the provisions of those divisions clearly are
relevant to
the specialized services to be provided under the
specialized services
contract. Division (D) of this section
applies in relation to each
specialized services contract.
(J) As used in
this section:
(1)
"Public entity" means the department of rehabilitation
and correction, or
a county or municipal corporation or a
combination of counties and municipal
corporations, that has
jurisdiction over a facility that is the subject of a
contract
entered into under this section.
(2)
"Local public entity" means a county or municipal
corporation, or a
combination of counties and municipal
corporations, that has jurisdiction over
a jail, workhouse, or
other correctional facility used only for misdemeanants
that is
the subject of a contract entered into under this section.
(3)
"Governing authority of a local public entity" means, for
a county, the
board of county commissioners; for a municipal
corporation, the legislative
authority; for a combination of
counties and municipal corporation, all the
boards of county
commissioners and municipal legislative authorities that
joined to
create the facility.
(4)
"Contractor" means a person
who
or entity that enters
into a contract under this section
to operate and manage a jail,
workhouse, or other correctional facility.
(5)
"Facility" means the specific county, multicounty,
municipal,
municipal-county, or multicounty-municipal jail,
workhouse, prison, or other
type of correctional institution or
facility used only for misdemeanants, or a
state correctional
institution, that is the subject of a contract entered into
under
this section.
(6) "Person or entity" in the case of a contract for the
private operation and management of a state correctional
institution, includes an employee organization, as defined in
section 4117.01 of the Revised Code, that represents employees at
state correctional institutions.
Sec. 9.821. (A) The department of administrative services
shall direct and manage for state agencies all risk management
and
insurance programs authorized under section 9.822 of the
Revised
Code.
(B) The office of risk management is hereby established
within the department of administrative services. The director
of
administrative services, or a deputy director appointed by the
director, shall control and supervise the office.
(C) The office may take any of the following actions that
it
determines to be in the best interests of the state:
(1) Provide all insurance coverages for the state,
including, but not limited to, automobile liability, casualty,
property, public liability, and, except as provided in division
(C)(6) of this section, fidelity bond insurance;. The cost of
insurance coverage shall be paid from appropriations made to the
state agencies that the office has designated to receive the
coverage.
(2) Provide coverage of legal expenses that are necessary
and related to the legal defense of claims against the state;
(3) Purchase insurance policies consistent with sections
125.01 to 125.111 of the Revised Code, develop and administer
self-insurance programs, or do both;
(4) Consolidate and combine state insurance coverages;
(5) Provide technical services in risk management and
insurance to state agencies;
(6)(a) Establish and administer a self-insured fidelity
bond
program for a particular class or subclass of state officer,
employee, or agent, if, prior to the establishment and
administration of this program, the director does both of the
following:
(i) Holds a hearing in accordance with Chapter 119. of the
Revised Code to determine whether fidelity bond insurance for
that
particular class or subclass of state officer, employee, or
agent
is available in the voluntary market;
(ii) If, as a result of that hearing, the director
determines that fidelity bond insurance for a particular class or
subclass of state officer, employee, or agent is unavailable in
the voluntary market and that the absence of this insurance
threatens the operation of state government and will be
detrimental to the general welfare of the citizens of this state,
adopts rules in accordance with Chapter 119. of the Revised Code
to establish standards and procedures governing the
establishment,
administration, and termination of the fidelity
bond program for
that particular class or subclass of state
officer, employee, or
agent.
(b) Division (C)(6)(a) of this section does not apply to
any
self-insured blanket fidelity bond program that, on
the
effective
date of this section
September 20, 1993, has
been
established
pursuant to section 9.831
or 9.832 of the Revised
Code.
(7) Except as provided in division (C)(6) of this section,
adopt and publish, in accordance with section 111.15 of the
Revised Code, necessary rules and procedures governing the
administration of the state's insurance and risk management
activities.
(D) No state agency, except a state agency exempted under
section 125.02 or 125.04 of the Revised Code from the
department's
purchasing authority, shall purchase any insurance
described in
this section except as authorized by the department
and in
accordance with terms, conditions, and procurement methods
established by the department.
(E) With respect to any civil action, demand, or claim
against the state that could be filed in the court of claims,
nothing in sections 9.82 to 9.823 of the Revised Code shall be
interpreted to permit the settlement or compromise of those civil
actions, demands, or claims, except in the manner provided in
Chapter 2743. of the Revised Code.
Sec. 9.822. (A) The department of administrative services
through the office of risk management shall establish an
insurance
plan or plans, which
that may provide for self-insurance or
the
purchase of insurance, or both, for any of the following
purposes:
(1) Insuring state real and personal property against
losses
occasioned by fire, windstorm, or other accidents and
perils;
(2) Insuring the state and its officers and employees
against liability resulting from any civil action, demand, or
claim against the state or its officers and employees arising out
of any act or omission of an officer or employee in the
performance of
his
official duties, except acts and omissions
for
which
indemnification is prohibited under section 9.87 of the
Revised
Code;
(3) Insuring the state through the fidelity bonding of
state
officers, employees, and agents who are required by law to
provide
a fidelity bond.
(B)(1) Prior to the establishment of any self-insured
fidelity bond program for a particular class or subclass of state
officer, employee, or agent authorized pursuant to division
(A)(3)
of this section, the director of administrative services
shall
follow the procedures for holding a hearing and adopting
rules set
forth in division (C)(6)(a) of section 9.821 of the
Revised Code.
(2) Division (B)(1) of this section does not apply to any
self-insured blanket fidelity bond program that, on
the effective
date of this section
September 20, 1993, has been
established
pursuant to section 9.831
or 9.832 of the Revised Code.
(3) The director shall prepare annually a written report
detailing any self-insured fidelity bond program established
pursuant to division (A)(3) of this section. The report shall
include, but is not limited to, information relating to premiums
collected, income from recovery, loss experience, and
administrative costs of the program. A copy of the report,
together with a copy of those portions of the most recent reports
submitted under division (D) of section 9.823 of the Revised Code
and pertaining
that pertain to any such self-insured fidelity bond
program,
shall be submitted to the speaker of the house of
representatives
and the president of the senate by the
first
last
day of
September
March of
each year.
Sec. 101.15. (A) As used in this section:
(1) "Caucus" means all of the members of either house of
the
general assembly who are members of the same political party.
(2) "Committee" means any committee of either house of the
general assembly, a joint committee of both houses of the general
assembly, including a committee of conference, or a subcommittee
of any committee listed in division (A)(2) of this section.
(3) "Meeting" means any prearranged discussion of the
public
business of a committee by a majority of its members.
(B) Except as otherwise provided in division (F) of this
section, all meetings of any committee are declared to be public
meetings open to the public at all times. The secretary assigned
to the chairperson of the committee shall prepare, file, and
maintain the minutes of every regular or special meeting of a
committee. The committee, at its next regular or special
meeting,
shall approve the minutes prepared, filed, and
maintained by the
secretary, or, if the minutes prepared, filed,
and maintained by
the secretary require correction before their
approval, the
committee shall correct and approve the minutes at
the next
following regular or special meeting. The committee
shall make
the minutes available for public inspection not later
than seven
days after the meeting the minutes reflect or not
later than the
committee's next regular or special meeting,
whichever occurs
first.
(C) Each committee shall establish
by rule a reasonable
method whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. No committee shall hold a regular or
special meeting unless it gives at least twenty-four hours'
advance notice to the news media that have requested
notification.
The
rule
method established by each committee shall provide
that, upon request and payment of a
reasonable fee, any person may
obtain reasonable advance
notification of all meetings at which
any specific type of public
business will be discussed.
Provisions
for advance notification
may include, but are not
limited to,
mailing the agenda of
meetings to all subscribers on a
mailing
list or mailing notices
in self-addressed stamped
envelopes
provided by the person who
desires advance notification.
(D) Any action of a committee relating to a bill or
resolution, or any other formal action of a committee, is invalid
unless taken in an open meeting of the committee. Any action of
a
committee relating to a bill or resolution, or any other formal
action of a committee, taken in an open meeting is invalid if it
results from deliberations in a meeting not open to the public.
(E)(1) Any person may bring an action to enforce this
section. An action under this division shall be brought within
two years after the date of the alleged violation or threatened
violation. Upon proof of a violation or threatened violation of
this section in an action brought by any person, the court of
common pleas shall issue an injunction to compel the members of
the committee to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
under division (E)(1) of this section, the court shall order the
committee that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in this division, reasonable attorney's fees. The
court, in its discretion, may reduce an award of attorney's fees
to the party that sought the injunction or not award attorney's
fees to that party if the court determines both of the following:
(i) That, based on the ordinary application of statutory
law
and case law as it existed at the time of the violation or
threatened violation that was the basis of the injunction, a
well-informed committee reasonably would believe that the
committee was not violating or threatening to violate this
section;
(ii) That a well-informed committee reasonably would
believe
that the conduct or threatened conduct that was the basis
of the
injunction would serve the public policy that underlies
the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an
injunction under division (E)(1) of this section and the court
determines at that time that the bringing of the action was
frivolous conduct as defined in division (A) of section 2323.51
of
the Revised Code, the court shall award to the committee all
court
costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that
sought
the injunction shall be conclusively and irrebuttably
presumed
upon proof of a violation or threatened violation of
this section.
(4) A member of a committee who knowingly violates an
injunction issued under division (E)(1) of this section may be
removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney of Franklin
county or by the attorney general.
(5) The remedies described in divisions (E)(1) to (4) of
this section shall be the exclusive remedies for a violation of
this section.
(F) This section does not apply to or affect either of the
following:
(1) All meetings of the joint legislative ethics committee
created under section 101.34 of the Revised Code other than a
meeting that is held for any of the following purposes:
(a) To consider the adoption, amendment, or recission of
any
rule that the joint legislative ethics committee is
authorized to
adopt pursuant to division (B)(11) of section
101.34, division (E)
of section 101.78, division (B) of section
102.02, or division (E)
of section 121.68 of the Revised Code;
(b) To discuss and consider changes to any administrative
operation of the joint legislative ethics committee other than
any
matter described in division (G) of section 121.22 of the
Revised
Code;
(c) To discuss pending or proposed legislation.
(2) Meetings of a caucus.
(G) For purposes of division (F)(1)(a) of this section, an
advisory opinion, written opinion, or decision relative to a
complaint is not a rule.
Sec. 101.27. (A)(1) Every member of the senate, except the
members elected president, president pro tempore, assistant
president pro tempore, majority whip, minority leader, assistant
minority leader, minority whip, and assistant minority whip,
shall
receive as compensation a salary of fifty-one
thousand six
hundred seventy-four dollars a year
during the
senator's term of
office. Every member of the house of representatives, except
the
members
elected speaker, speaker pro tempore, majority floor
leader,
assistant majority floor leader, majority whip, assistant
majority whip, minority leader, assistant minority leader,
minority whip, and assistant minority whip, shall receive as
compensation a salary of fifty-one thousand
six hundred
seventy-four
dollars a year during the representative's term of
office.
Such salaries shall be
paid in equal monthly installments
during such term. All monthly
payments shall be made on or before
the fifth day of each month.
Upon the death of any member of the
general assembly during the
member's term of office, any unpaid
salary due such member for the
remainder of the member's term
shall be paid to
the member's
dependent, surviving
spouse,
children, mother, or father, in the order in which the
relationship is set forth in this section in monthly
installments.
(2) Each member shall receive a travel
allowance
reimbursement per mile
each way,
at the same
mileage rate allowed
for the reimbursement
of travel expenses of state agents
as
provided by rule of the
director of budget and management pursuant
to
division (B) of
section 126.31 of the Revised Code, for mileage
not more than once a
week during
the session
for travel incurred
by a member from and to the member's place of residence, by the
most direct
highway route of public travel to and from the seat of
government, to be paid quarterly on the last day of March, June,
September, and December of each year.
(3) The member of
the senate
elected president and the
member of the house of representatives
elected speaker shall each
receive as compensation a salary of
eighty thousand five hundred
forty-nine dollars a year during the president's or
speaker's term
of office.
The member of the senate elected president pro tempore, the
member of the senate elected minority leader, the member of the
house of representatives elected speaker pro tempore, and the
member of the house of representatives elected minority leader
shall each receive as compensation a salary of
seventy-three
thousand
four hundred ninety-three
dollars a year during the
member's term of
office. The member of the house of
representatives elected
majority floor leader and the member of
the senate elected
assistant president pro tempore shall each
receive as
compensation a salary of sixty-nine thousand
two
hundred twenty-seven
dollars a year
during the member's term of
office. The
member of the
senate elected assistant minority
leader and the member of the
house of representatives elected
assistant minority leader shall
each receive as compensation a
salary of
sixty-seven thousand
ninety-nine dollars a year during
the member's term
of
office. The
member of the senate elected
majority whip and the member of the
house of representatives
elected assistant majority floor leader
shall each receive a
salary of sixty-four
thousand nine hundred
sixty-seven dollars a
year during the member's term of
office. The member of
the senate
elected minority whip, the member of the house of
representatives
elected majority whip, and the member of the
house of
representatives elected minority whip shall each receive
as
compensation a salary of sixty thousand
seven hundred
six
dollars a year during the member's term
of office. The member
of
the house of representatives elected assistant majority whip
shall
receive as compensation a salary of
fifty-six thousand
four
hundred forty-three dollars
a year during the member's
term of
office. The member of the house of representatives elected
assistant minority whip and the member of the senate elected
assistant minority whip shall each receive a salary of
fifty-four
thousand sixty
dollars a year during the member's term of office.
(4) The chairperson of the finance committee of each house
shall
receive an additional sum of ten thousand dollars
annually.
The chairperson of each standing committee of each house other
than
the finance committee shall receive an additional sum of
six
thousand five hundred dollars annually. The chairperson of each
standing
subcommittee of a finance committee shall receive an
additional
sum of six thousand five hundred dollars annually.
The
vice-chairperson of the
finance committee of each house shall
receive an additional sum
of five thousand five hundred dollars
annually. The
ranking minority member
of the finance committee
of each house shall receive an additional sum of
six thousand
five hundred
dollars annually. The ranking
minority member of
each standing subcommittee of a finance
committee shall receive an
additional sum of five thousand
dollars annually. The
chairperson of each standing
subcommittee of each house other than
a standing subcommittee of
the finance committee shall receive an
additional sum of
five thousand dollars annually. The
vice-chairperson
and ranking minority member of each standing
committee of each
house other than the finance committee shall
each receive an
additional sum of five thousand
dollars
annually. Except for the ranking minority member of each
standing
subcommittee of a finance committee, the ranking
minority member
of each standing subcommittee of each house shall
receive an
additional sum of two thousand
five hundred dollars annually.
No member may receive more than one additional sum for
serving as chairperson,
vice-chairperson, or ranking minority
member of
a standing committee or standing subcommittee,
regardless of the
number of standing committees or standing
subcommittees on which
the member serves as chairperson,
vice-chairperson, or ranking minority member.
(5) If a member is absent without leave, or is not excused
on
the member's return, there shall be deducted from
the member's
compensation twenty dollars for each day's absence.
(B) Each calendar year from 2002
through 2008, the salary
amounts under divisions (A)(1) and (3) of
this section shall be
increased by the lesser of the
following:
(2) The percentage increase, if any, in the consumer price
index
over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding year, rounded to the
nearest
one-tenth of one per cent.
(C) As used in this section:
(1) "Consumer price index" means the consumer price index
prepared
by the United States bureau of labor statistics
(U.S.
city average
for urban wage earners and clerical workers: all
items,
1982-1984=100), or, if that index is no longer published, a
generally
available
comparable index.
(2) "Finance committee" means the
finance committee of the
senate and the finance-appropriations
committee of the house of
representatives.
Sec. 101.30. (A) As used in this section
and in sections
101.302 and 101.303 of the Revised Code:
(1)
"Legislative document" includes, but is not limited
to,
all of the following:
(a) A working paper, work product, correspondence,
preliminary
draft, note, proposed bill or resolution, proposed
amendment to a bill or resolution, analysis, opinion,
memorandum,
or other document in whatever form or format prepared by
legislative staff for a member of the general
assembly or for
general assembly staff;
(b) Any document or material in whatever form or format
provided
by a member of the general assembly or general assembly
staff to legislative
staff that requests, or that provides
information or materials to assist in,
the preparation of any of
the items described in division
(A)(1)(a) of this section;
(c) Any summary of a bill or resolution or of an amendment
to a
bill or resolution in whatever form or format that is
prepared
by or in the possession of a member of the general
assembly or general
assembly staff, if the summary is prepared
before the bill, resolution, or
amendment is filed for
introduction or presented at a committee hearing or
floor session,
as applicable.
(2)
"Legislative staff"
means the staff of the legislative
service commission, legislative budget
office of the
legislative
service commission, or any other legislative agency included in
the legislative service commission budget group.
(3)
"General assembly staff" means an officer or employee of
either house of the general assembly who acts on behalf of a
member of the
general assembly or on behalf of a committee or
either house of the general
assembly.
(B)(1) Legislative staff
shall maintain a confidential
relationship with each member of the general assembly, and with
each
member of the general assembly staff, with
respect to
communications between the member of the general assembly or
general assembly staff and
legislative staff. Except as otherwise
provided in this division
and division (C) of this
section, a
legislative document arising out of this confidential relationship
is not a public record for purposes of section 149.43 of the
Revised Code. When it is in the public interest and with the
consent of the commission, the director of the commission may
release to the
public any legislative document in the possession
of the commission staff
arising out of a confidential relationship
with a former member
of the general assembly or former member of
the general assembly staff who is
not available to make the
legislative document
a public record as provided in division (C)
of this section because
of death or disability, whom the director
is unable to contact for that
purpose, or who fails to respond to
the director after the director has made a
reasonable number of
attempts to make such contact.
(2) Legislative documents that are not public records under
divisions (B)(1) and (C) of this section are not subject to
subpoena duces tecum. A member of the general assembly, member of
the general assembly staff, or member of the legislative staff
neither is subject to subpoena or subpoena duces tecum, nor may be
compelled to testify, with regard to legislative documents that
are
not public records under divisions (B)(1) and (C) of this
section.
(C)(1) A legislative
document is a public record for
purposes of section 149.43 of
the Revised Code if it is an
analysis, synopsis, fiscal note, or local impact
statement
prepared by legislative staff that is required to be
prepared by
law, or by a rule of either house of the general
assembly, for the
benefit of the members of either or both of those
houses or any
legislative committee and if it has been presented to
those
members.
(2) A legislative document is a public record for
purposes
of section 149.43 of the
Revised Code if a member of the general
assembly for whom legislative staff prepared the
legislative
document does any of the following:
(a) Files it for introduction with the clerk of the
senate
or the clerk of the house of representatives,
if it is a bill or
resolution;
(b) Presents it at a committee
hearing or floor session, if
it is an amendment to a bill or
resolution or is a substitute bill
or resolution;
(c) Releases it, or authorizes general assembly staff or
legislative staff to release it, to the public.
Sec. 101.302. A member of the general assembly, a member of
the general assembly staff, and a
member of
the legislative staff,
in their respective capacities
as such,
are not liable in a civil
action for any legislative act
or duty. In relation to any
legislative act or duty, a member
of the general assembly, a
member of the general assembly staff,
or a member of the
legislative staff is not subject to subpoena or
subpoena duces
tecum in a civil action,
may not be made party to a
civil action,
and may not be compelled
to testify or to produce
tangible
evidence in a civil action.
This section is cumulative to Ohio Constitution, Article II,
Section 12.
Sec. 101.303. A member of the legislative staff shall not
be compelled to testify or to produce tangible evidence concerning
any communication with or any advice or assistance given to a
member of the general assembly or a member of the general assembly
staff in relation to any legislative act or duty.
Sec. 101.34. (A) There is hereby created a joint
legislative ethics committee to serve the general assembly. The
committee shall be composed of twelve members, six each from the
two major political parties, and each member shall serve on the
committee during the member's term as a member of that
general
assembly. Six members of the committee shall be members of the
house
of representatives appointed by the speaker of the house of
representatives, not more than three from the same political
party, and six members of the committee shall be members of the
senate appointed by the president of the senate, not more than
three from the same political party. A vacancy in the committee
shall be filled for the unexpired term in the same manner as an
original appointment. The members of the committee shall be
appointed within fifteen days after the first day of the first
regular session of each general assembly and the committee shall
meet and proceed to recommend an ethics code not later than
thirty
days after the first day of the first regular session of
each
general assembly.
In the first regular session of each general assembly, the
speaker of the house of representatives shall appoint the
chairperson of the committee from among the house
members of the
committee and the president of the senate shall appoint the
vice-chairperson of the committee from among the
senate members of
the committee. In the second regular session of each general
assembly, the president of the senate shall appoint the
chairperson of the committee from among the senate members of the
committee and the speaker of the house of representatives shall
appoint the
vice-chairperson of the committee from among the
house
members of the committee. The chairperson,
vice-chairperson, and
members of the
committee shall serve until their respective
successors are
appointed or until they are no longer members of
the general
assembly.
The committee shall meet at the call of the
chairperson or
upon the written request of seven members of the committee.
(B) The joint legislative ethics committee:
(1) Shall recommend a code of ethics which is consistent
with law to govern all members and employees of each house of the
general assembly and all candidates for the office of member of
each house;
(2) May receive and hear any complaint which alleges a
breach of any privilege of either house, or misconduct of any
member, employee, or candidate, or any violation of the
appropriate code of ethics;
(3) May obtain information with respect to any complaint
filed pursuant to this section and to that end may enforce the
attendance and testimony of witnesses, and the production of
books
and papers;
(4) May recommend whatever sanction is appropriate with
respect to a particular member, employee, or candidate as will
best maintain in the minds of the public a good opinion of the
conduct and character of members and employees of the general
assembly;
(5) May recommend legislation to the general assembly
relating to the conduct and ethics of members and employees of
and
candidates for the general assembly;
(6) Shall employ an executive director for the committee
and
may employ such other staff as the committee determines
necessary
to assist it in exercising its powers and duties. The
executive
director and staff of the committee shall be known as
the office
of legislative inspector general. At least one member
of the
staff of the committee shall be an attorney at law
licensed to
practice law in this state. The appointment and
removal of the
executive director shall require the approval of
at least eight
members of the committee.
(7) May employ a special counsel to assist the committee
in
exercising its powers and duties. The appointment and removal
of
a special counsel shall require the approval of at least eight
members of the committee.
(8) Shall act as an advisory body to the general assembly
and to individual members, candidates, and employees on questions
relating to
ethics, possible conflicts of interest, and financial
disclosure;
(9) Shall provide for the proper forms on which the
statement required pursuant to section 102.02 of the Revised Code
shall be filed and instructions as to the filing of the
statement;
(10) Exercise the powers and duties prescribed under
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised
Code;
(11) Adopt in accordance with section 111.15 of the
Revised
Code any rules that are necessary to implement and
clarify Chapter
102. and sections 2921.42 and 2921.43 of the
Revised Code.
(C) There is hereby created in the state treasury the
joint
legislative ethics committee fund. All money collected
from
registration fees
and late filing fees prescribed under sections
101.72 and
121.62 of
the Revised Code shall be deposited into the
state
treasury to the
credit of the fund. Money credited to the
fund
and any interest
and earnings from the fund shall be used
solely
for the operation
of the joint legislative ethics committee
and
the office of
legislative inspector general and for the
purchase
of data storage
and computerization facilities for the
statements
filed with the
joint committee under sections 101.73,
101.74,
121.63, and 121.64
of the Revised Code.
(D) The chairperson of the joint committee shall issue
a
written report, not later than the thirty-first day of January of
each year, to the speaker and minority leader of the house of
representatives and to the president and minority leader of the
senate that lists the number of committee meetings and
investigations the committee conducted during the immediately
preceding calendar year and the number of advisory opinions it
issued during the immediately preceding calendar year.
(E) Any investigative report that contains facts and
findings regarding a complaint filed with the committee and that
is prepared by the staff of the committee or a special counsel to
the committee shall become a public record upon its acceptance by
a vote of the majority of the members of the committee, except
for
any names of specific individuals and entities contained in
the
report. If the committee recommends disciplinary action or
reports its findings to the appropriate prosecuting authority for
proceedings in prosecution of the violations alleged in the
complaint, the investigatory report regarding the complaint shall
become a public record in its entirety.
(F)(1) Any file obtained by or in the possession of the
former
house ethics committee or former senate ethics committee
shall become the
property of the joint legislative ethics
committee. Any such file is
confidential if either of the
following applies:
(a) It is confidential under section 102.06 of the Revised
Code or the
legislative code of ethics.
(b) If the file was obtained from the former house ethics
committee or from the former senate ethics committee, it was
confidential
under any statute or any provision of a code of
ethics that governed the file.
(2) As used in this division, "file" includes, but is not
limited to,
evidence, documentation, or any other tangible thing.
Sec. 101.37. (A) There is hereby created the joint council
on
mental retardation and developmental disabilities. The
joint
council shall consist of three members of the house of
representatives appointed by the speaker of the house of
representatives, not more than two of whom shall be members of the
same
political party, three members of
the senate appointed by the
president of the senate, not more than two of whom
shall be
members of the same political party, and
the director of mental
retardation and developmental disabilities. At least one member
of the
joint council appointed by the speaker of the house of
representatives and at
least one member appointed by the president
of the senate shall be
a member of the house or senate committee
with primary responsibility for
appropriation issues and
at least
one member appointed by the speaker and at least one member
appointed
by the president shall be a member of the house or
senate committee with
primary responsibility for human services
issues.
Members
Members of the
joint council shall be reimbursed for their
actual and necessary
expenses incurred in the performance of their
official duties,
provided that reimbursement for such expenses
shall not exceed
limits imposed upon the department of mental
retardation and
developmental disabilities by administrative rules
regulating
travel within this state. Members shall receive no
other
compensation.
The
The joint council shall organize itself within fifteen
days
after the commencement of each regular session of the
general
assembly by electing a chairperson and
vice-chairperson. The
joint council may meet upon the
call of the chairperson, the
director, or on the
request of any three members.
Members
Members of the joint council who are
appointed from the
general assembly shall serve until the
expiration of their terms
in the general assembly. Any vacancies
occurring among the
general assembly members of the
joint council shall be filled in
the manner of the original
appointment.
(B) The joint council shall
do all of the following:
(A)(1) Appoint the original members of the citizen's
advisory
council at any institution under the control of the
department of
mental retardation and developmental disabilities
that is created
after November 15, 1981;
(B)(2) Make final determinations in any dispute between the
director of mental retardation and developmental disabilities and
a citizen's advisory council concerning the appointment of members
to the citizen's advisory council, as provided for in
section
5123.092 of the Revised Code;
(C)(3) Receive reports from citizen's advisory councils on
or
before the thirty-first day of January of each year, as
required
by section 5123.093 of the Revised Code;
(D)(4) Receive reports as appropriate concerning extenuating
circumstances at institutions under the control of the department
of mental retardation and developmental disabilities;
(E)(5) Conduct reviews and make recommendations to the
director of mental retardation and developmental disabilities with
respect to any disputes between the department of mental
retardation and developmental disabilities and entities that have
entered into contracts with the department for the provision of
protective services to individuals with mental retardation or
developmental disabilities;
(6) Provide the director of mental retardation and
developmental disabilities
with advice on legislative and fiscal
issues affecting the department
of mental retardation and
developmental disabilities, county boards of mental
retardation
and developmental disabilities, persons with mental retardation or
developmental disabilities, and providers of services to persons
with mental
retardation or developmental disabilities and on
related issues the director
requests the joint council to address;
(F)(7) On behalf of the director of mental retardation and
developmental
disabilities, advocate to the general assembly
legislative issues about
which the joint council has provided
advice to the
director.
(C) Reports and any correspondence received by the joint
council shall be deposited with the legislative service
commission, which
shall retain them for not less than three years
after the date of
deposit.
Sec. 101.72. (A) Each legislative agent and employer,
within ten days following an engagement of a legislative agent,
shall file with the joint legislative ethics committee an
initial
registration statement showing all of the following:
(1) The name, business address, and occupation of the
legislative agent;
(2) The name and business address of the employer and the
real party in interest on whose behalf the legislative agent is
actively advocating, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the
federal Internal Revenue Code is the employer, the statement
need
not list the names and addresses of each member of the
association
or organization, so long as the association or
organization itself
is listed.
(3) A brief description of the type of legislation to
which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each legislative agent
and employer shall file with the joint committee, not later than
the last day
of January, May, and
September of each year, an
updated registration statement that
confirms the continuing
existence of each engagement described in
an initial registration
statement and that lists the specific
bills or resolutions on
which the agent actively advocated under
that engagement during
the period covered by the updated
statement, and with it any
statement of expenditures required to
be filed by section 101.73
of the Revised Code and any details of
financial transactions
required to be filed by section 101.74 of
the Revised Code.
(C) If a legislative agent is engaged by more than one
employer, the agent shall file a separate initial and updated
registration statement for each engagement. If an employer
engages more than one legislative agent, the employer need file
only one updated registration statement under division (B) of
this
section, which shall contain the information required by
division
(B) of this section regarding all of the legislative
agents
engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next
updated registration statement filed under division (B) of
this
section.
(2) Within thirty days after the termination of an
engagement, the legislative agent who was employed under the
engagement shall send written notification of the termination to
the joint committee.
(E) Except as otherwise provided in this division, a
registration fee of ten
dollars shall be charged for filing an
initial
registration statement.
All money collected from
this
registration
fee
fees under this division and late filing fees
under division (G) of this section shall
be
deposited to the
credit of the joint legislative ethics committee
fund
created
under section 101.34 of the Revised Code.
An
An officer or employee of a
state agency who actively
advocates in a fiduciary capacity as a
representative of
that
state agency need not pay the registration fee prescribed by this
division
or file expenditure statements under section 101.73 of
the Revised Code. As
used in this division, "state agency" does
not include a state institution of
higher education as defined in
section 3345.011 of
the Revised Code.
(F) Upon registration pursuant to division (A) of this
section, the legislative agent shall be issued a card by the
joint
committee showing that the legislative agent is registered.
The
registration card and the legislative agent's registration shall
be valid
from the date of their issuance until the next
thirty-first day of December of
an even-numbered year.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether
the statement contains all of the information required by
this
section. If the joint committee determines that the
registration
statement does not contain all of the required
information or that
a legislative agent or employer has failed to
file a registration
statement, the joint committee shall send
written notification by
certified mail to the person who filed
the registration statement
regarding the deficiency in the
statement or to the person who
failed to file the registration
statement regarding the failure.
Any person so notified by the
joint committee shall, not later
than fifteen days after
receiving the notice, file a registration
statement or an amended
registration statement that does contain
all of the information
required by this section. If any person
who receives a notice
under this division fails to file a
registration statement or
such an amended registration statement
within this fifteen-day
period, the joint committee shall
notify
the attorney general,
who may take appropriate action as
authorized under section
101.79 of the Revised Code. If the joint
committee notifies the
attorney general under this division, the
joint committee shall
also notify in writing the governor and each
member of the
general assembly of the pending investigation
assess
a late filing fee equal to twelve dollars and fifty cents per day,
up to a maximum of one hundred dollars, upon that person. The
joint committee may waive the late filing fee for good cause
shown.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on
the registration statements filed with it under this section
during the preceding year.
Sec. 101.73. (A) Each legislative agent and each employer
shall file in the office of the joint legislative ethics
committee, with the
updated registration statement required by
division (B) of section 101.72 of the Revised Code, a statement
of
expenditures as specified in divisions (B) and (C) of this
section. A legislative agent shall file a separate statement of
expenditures under this section for each employer engaging
him
the
legislative agent.
(B)(1) In addition to the information required by
divisions
(B)(2) and (3) of this section, a statement filed by a
legislative
agent shall show the total amount of expenditures
made by the
legislative agent during the reporting period covered
by the
statement.
(2) If, during a reporting period covered by a statement, an
employer or any
legislative agent
he
the employer engaged made,
either
separately
or in combination with each other, either
directly or indirectly,
expenditures to, at the request of, for
the
benefit of, or on behalf of any particular member of the
general
assembly, any particular member of the controlling board,
the
governor, the director of a department created under section
121.02 of the Revised Code, or any particular member of the staff
of any of the public officers or employees listed in division
(B)(2) of this section, then the employer or legislative agent
shall also state all of the following:
(a) The name of the public officer or employee to whom, at
whose request, for whose benefit, or on whose behalf the
expenditures were made;
(b) The total amount of the expenditures made;
(c) A brief description of the expenditures made;
(d) The approximate date the expenditures were made;
(e) The specific items of legislation, if any, for which
the
expenditures were made and the identity of the client on whose
behalf each
expenditure was made.
As used in division (B)(2) of this section, "expenditures"
does not include expenditures made by a legislative agent as
payment for meals
and other food and beverages.
(3) If, during a reporting period covered by a statement,
a
legislative agent made expenditures
as payment for meals and other
food and beverages, other than for meals and
other food and
beverages
provided to a member of the general assembly at a
meeting at which the member
participated in a panel, seminar, or
speaking engagement or provided to a
member of the general
assembly at a meeting or convention of a national
organization to
which
either house of the general assembly, any legislative
agency, or any
other state agency
or any state institution of
higher education as defined in section 3345.031 of the Revised
Code pays membership dues,
that, when added to the amount of
previous payments made for meals and other
food and beverages by
that legislative agent during that same calendar year,
exceeded a
total of fifty dollars to, at
the request of, for the benefit of,
or on behalf of any
particular member of the general assembly, any
particular member
of the controlling board, the governor, the
director of a
department created under section 121.02 of the
Revised Code, or
any particular member of the staff of any of the
public officers
or employees listed in division (B)(3) of this
section, then the
legislative agent shall also state all of the
following regarding those expenditures:
(a) The name of the public officer or employee to whom, at
whose request, for whose benefit, or on whose behalf the
expenditures were made;
(b) The total amount of the expenditures made;
(c) A brief description of the expenditures made;
(d) The approximate date the expenditures were made;
(e) The specific items of legislation, if any, for which
the
expenditures were made and the identity of the client on whose
behalf each
expenditure was made.
(C) In addition to the information required by divisions
(B)(2) and (3) of this section, a statement filed by an employer
shall show the total amount of expenditures made by the employer
filing the statement during the period covered by the statement.
As used in this section, "expenditures" does not include the
expenses of maintaining office facilities or the compensation
paid
to legislative agents engaged by an employer.
No employer is required to show any expenditure on a
statement filed under this division if the expenditure is
reported
on a statement filed under division (B) of this section by a
legislative agent engaged by the employer.
(D) Any statement required to be filed under this section
shall be filed at the times specified in section 101.72 of the
Revised Code. Each statement shall cover expenditures made
during
the four-calendar-month period that ended on the last day
of the
month immediately preceding the month in which the
statement is
required to be filed.
No portion of the amount of an expenditure for a dinner,
party, or other function sponsored by an employer or legislative
agent need be attributed to, or counted toward the amount for, a
reporting period specified in division (B)(2) or
(3) of this
section if the sponsor has invited to the function
all the members
of either of the following:
(1) The general assembly;
(2) Either house of the general assembly.
However, the amount spent for such function and its date and
purpose shall be
reported separately on the statement required to
be filed under this section
and the amount spent for the function
shall be added
with other expenditures for the purpose of
determining the total
amount of expenditures reported in the
statement under division
(B)(1) or (C) of this section.
If it is impractical or impossible for a legislative agent
or
employer to determine exact dollar amounts or values of
expenditures, reporting of good faith estimates, based upon
reasonable accounting procedures, constitutes compliance with
this
section.
(E) All legislative agents and employers shall retain
receipts or maintain records for all expenditures that are
required to be reported pursuant to this section. These receipts
or records shall be maintained for a period ending on the
thirty-first day of December of the second calendar year after
the
year in which the expenditure was made.
(F)(1) An employer or legislative agent who is required to
file an expenditure statement under division (B) or (C) of
this
section shall deliver a copy of the statement, or of the
portion
showing the expenditure, to the public officer or
employee who is
listed in the statement as having received the
expenditure or on
whose behalf it was made, at least ten days
before the date on
which the statement is filed.
(2) If, during a reporting period covered by an expenditure
statement filed
under division (B)(2) of this section, an employer
or any legislative agent
he
the employer
engaged made, either
separately or in combination with each other, either
directly or
indirectly, expenditures for transportation, lodging, or food and
beverages purchased for consumption on the premises in which the
food and
beverages were sold to, at the request of, for the
benefit of, or on behalf of
any of the public officers or
employees described in division (B)(2) of this
section, the
employer or legislative agent shall deliver to the public officer
or employee a statement that contains all of the nondisputed
information
prescribed in division (B)(2)(a) through (e) of this
section with respect to
the expenditures described in division
(F)(2) of this section. The statement
of expenditures made under
division (F)(2) of this section shall be delivered
to the public
officer or employee to whom, at whose request, for whose
benefit,
or on whose behalf those expenditures were made on the same day in
which a copy of the expenditure statement or of a portion showing
the
expenditure is delivered to the public officer or employee
under division
(F)(1) of this section. An employer is not
required to show any expenditure
on a statement delivered under
division (F)(2) of this section if the
expenditure is shown on a
statement delivered under division (F)(2) of this
section by a
legislative agent engaged by the employer.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the
director, assistant directors, deputy
directors, division chiefs,
or persons of equivalent rank of any
administrative department of
the state; the president or other
chief administrative officer of
every state institution of higher
education as defined in section
3345.011 of the Revised Code; the
chief executive officer of each
state retirement system; all
members of the board of commissioners
on grievances and
discipline of the supreme court and the ethics
commission created
under section 102.05 of the Revised Code; every
business manager,
treasurer, or superintendent of a city, local,
exempted village,
joint vocational, or cooperative education
school
district or an educational service center; every person who
is elected
to or is a candidate for
the office of member of a
board of education of a city, local,
exempted village, joint
vocational, or cooperative
education school district or of a
governing board of an educational service
center that has a total
student count of twelve thousand or more as most
recently
determined by the department of education pursuant to section
3317.03
of
the Revised Code; every person who is appointed to the
board of education
of a municipal school district pursuant to
division (B) or
(F) of section 3311.71 of the Revised Code; all
members of the board of
directors of a sanitary district
established under Chapter 6115.
of the Revised Code and organized
wholly for the purpose of providing a water
supply for
domestic,
municipal, and public use that includes two municipal corporations
in two counties; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; members of
the board
of trustees and the executive director of the tobacco
use prevention and
control foundation; members of the board of
trustees and the executive
director of the southern Ohio
agricultural and community development
foundation; members and the
executive director of the biomedical research and
technology
transfer commission; and every
other public official or employee
who is designated by the
appropriate ethics commission pursuant to
division (B) of this
section shall file with the appropriate
ethics commission on a
form prescribed by the commission, a
statement disclosing all of the
following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which
the
person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section and except as otherwise provided in section 102.022 of
the
Revised Code, identification of every source of income, other
than
income from a legislative agent identified in division
(A)(2)(b)
of this section, received during the preceding calendar
year, in
the person's own name or by any other person for
the person's use
or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was
received. If the person filing the statement is a member of
the
general assembly, the statement shall identify the amount of
every
source of income received in accordance with the following
ranges
of amounts: zero or more, but less than one thousand
dollars; one
thousand dollars or more, but less than ten thousand
dollars; ten
thousand dollars or more, but less than twenty-five
thousand
dollars; twenty-five thousand dollars or more, but less
than fifty
thousand dollars; fifty thousand dollars or more, but
less than
one hundred thousand dollars; and one hundred thousand
dollars or
more. Division (A)(2)(a) of this section shall not be
construed
to require a person filing the statement who derives
income from a
business or profession to disclose the individual
items of income
that constitute the gross income of that business
or profession,
except for those individual items of income that
are attributable
to the person's or, if the income is shared with
the person, the
partner's, solicitation of services or goods or
performance,
arrangement, or facilitation of services or
provision of goods on
behalf of the business or profession of
clients, including
corporate clients, who are legislative agents
as defined in
section 101.70 of the Revised Code. A person who
files the
statement under this section shall disclose the
identity of and
the amount of income received from a person
who
the public
official or employee knows or has reason to know is
doing or
seeking to do business of any kind with the public
official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name
or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature
of the services
for which the income was received. Division
(A)(2)(b) of this
section requires the disclosure of clients of
attorneys or
persons licensed under section 4732.12 of the Revised
Code, or
patients of persons certified under section 4731.14 of
the
Revised Code, if those clients or patients are legislative
agents.
Division (A)(2)(b) of this section requires a person
filing the
statement who derives income from a business or
profession to
disclose those individual items of income that
constitute the
gross income of that business or profession that
are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required
not to reveal, disclose, or use confidences of clients,
patients,
or other recipients of professional services except
under
specified circumstances or generally are required to
maintain
those types of confidences as privileged communications
except
under specified circumstances. Division (A)(2)(a) of this
section
does not require an attorney, physician, or other
professional
subject to a confidentiality requirement as
described in division
(A)(2)(c) of this section to disclose the
name, other identity, or
address of a client, patient, or other
recipient of professional
services if the disclosure would
threaten the client, patient, or
other recipient of professional
services, would reveal details of
the subject matter for which
legal, medical, or professional
advice or other services were
sought, or would reveal an otherwise
privileged communication
involving the client, patient, or other
recipient of professional
services. Division (A)(2)(a) of this
section does not require an
attorney, physician, or other
professional subject to a
confidentiality requirement as described
in division (A)(2)(c) of
this section to disclose in the brief
description of the nature
of services required by division
(A)(2)(a) of this section any
information pertaining to specific
professional services rendered
for a client, patient, or other
recipient of professional
services that would reveal details of
the subject matter for
which legal, medical, or professional
advice was sought or would
reveal an otherwise privileged
communication involving the
client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the
secretary
of state that is incorporated in this state or
holds a
certificate
of compliance authorizing it to do business in this
state, trust,
business trust, partnership, or association that
transacts
business in this state in which the person filing
the statement or
any other person for the person's use and
benefit had during
the
preceding calendar year an investment of over one thousand
dollars
at fair market value as of the thirty-first day of
December of the
preceding calendar year, or the date of
disposition, whichever is
earlier, or in which the person holds
any office or has a
fiduciary relationship, and a description of
the nature of the
investment, office, or relationship. Division
(A)(3) of this
section does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person,
more
than one thousand dollars. Division (A)(5)
of this section
shall not be construed
to require the disclosure of debts owed by
the person resulting
from the ordinary conduct of a business or
profession or debts on
the person's residence or real property
used primarily for
personal recreation, except that the
superintendent of financial
institutions shall disclose the
names
of all
state-chartered savings and loan associations and of
all
service
corporations subject to regulation under division (E)(2)
of
section 1151.34 of the Revised Code to whom the superintendent
in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered
banks and all bank subsidiary corporations subject
to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owe more than one
thousand
dollars to the person filing the statement, either in the
person's
own
name or to any person for the person's use or benefit.
Division
(A)(6) of this section
shall not be construed to require
the disclosure of clients of
attorneys or persons licensed under
section 4732.12 or 4732.15 of
the Revised Code, or patients of
persons certified under section
4731.14 of the Revised Code, nor
the disclosure of debts owed to
the person resulting from the
ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a
member of the general assembly from a legislative agent,
received
by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year,
except
gifts received by will or by virtue of section 2105.06 of
the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts,
brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law,
fathers-in-law, mothers-in-law, or any person
to whom the person
filing the statement stands in loco parentis,
or received by way
of distribution from any inter vivos or
testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's
own name
or by any other person for the person's use or benefit
and
that is
incurred in connection with the person's official
duties, except
for expenses for travel to meetings or conventions
of a national
or state organization to which either house of the
general
assembly, any legislative agency, a state institution of
higher
education as defined in section 3345.031 of the Revised
Code, any
other state agency, or any political subdivision or any
office or
agency of a political subdivision pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person
participated in a panel, seminar, or speaking engagement
or at a
meeting or convention of a national or state organization
to which
either house of the general assembly, any legislative
agency, a
any state agency or any
state institution of higher education as
defined in
section
3345.031 of the Revised Code, any other state
agency
pays membership dues, or
any
political subdivision or any
office or agency of a political
subdivision pays membership dues,
that are incurred in connection
with the person's official duties
and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of
the Revised Code, all of the nondisputed information contained
in
the statement delivered to that public official or employee by
the
legislative agent, executive agency lobbyist, or employer
under
division (F)(2) of section 101.73 or (G)(2) of section
121.63 of
the Revised Code. As used in division (A)(10) of this
section,
"legislative agent,"
"executive agency
lobbyist," and
"employer"
have the same meanings as in sections 101.70 and
121.60 of the
Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which
the
candidacy is to be voted on, whichever election occurs
soonest,
except that a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A
person who
holds elective office shall file the statement on or
before
the
fifteenth day of April of each year unless the person
is a
candidate for
office. A person who is appointed to fill a
vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for
office.
Other persons
shall file an annual statement on or before
the fifteenth day of
April or, if appointed or employed after that
date, within ninety
days after appointment or employment. No
person shall be
required to file with the appropriate ethics
commission more than
one statement or pay more than one filing fee
for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend
for a reasonable time the deadline for filing a
disclosure
statement under this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics
committee, and the board of commissioners on grievances
and
discipline of the supreme court, using the rule-making
procedures
of Chapter 119. of the Revised Code, may require any
class of
public officials or employees under its jurisdiction and
not
specifically excluded by this section whose positions involve
a
substantial and material exercise of administrative discretion
in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or
the execution of other public trusts, to file an annual
statement
on or before the fifteenth day of April under division
(A) of this
section. The appropriate ethics commission shall
send the public
officials or employees written notice of the
requirement by the
fifteenth day of February of each year the
filing is required
unless the public official or employee is
appointed after that
date, in which case the notice shall be sent
within thirty days
after appointment, and the filing shall be
made not later than
ninety days after appointment.
Except for disclosure
statements filed by members of the
board of trustees and the executive
director of the tobacco use
prevention and control foundation, members of the
board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation, and members and
the
executive director of the biomedical research and technology
transfer
commission, disclosure
statements filed under this
division with the
Ohio ethics commission by members of boards,
commissions, or
bureaus of the state for which no compensation is
received other
than reasonable and necessary expenses shall be
kept confidential. Disclosure
statements filed
with the Ohio
ethics commission under division (A) of this
section by business
managers, treasurers, and superintendents of
city, local, exempted
village, joint vocational, or
cooperative education school
districts or educational service centers shall be
kept
confidential, except that any person conducting an audit of any
such school district
or educational service center pursuant to
section 115.56 or Chapter 117.
of the Revised Code may examine the
disclosure statement of any
business manager, treasurer, or
superintendent of that school
district or educational service
center. The Ohio ethics commission shall
examine each disclosure
statement required to be kept confidential to
determine whether a
potential conflict of interest exists for the
person who filed the
disclosure statement. A potential conflict
of interest exists if
the private interests of the person, as
indicated by the person's
disclosure statement, might
interfere with the
public interests
the person is required to serve in the
exercise of the person's
authority and duties in
the person's office or position of
employment. If
the commission determines that a potential
conflict of interest
exists, it shall notify the person who filed
the disclosure
statement and shall make the portions of the
disclosure statement
that indicate a potential conflict of
interest subject to public
inspection in the same manner as is
provided for other disclosure
statements. Any portion of the
disclosure statement that the
commission determines does not
indicate a potential conflict of
interest shall be kept
confidential by the commission and shall
not be made subject to
public inspection, except as is necessary
for the enforcement of
Chapters 102. and 2921. of the Revised
Code and except as
otherwise provided in this
division.
(C) No person shall knowingly fail to file, on or before
the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that
is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section,
on and after March 2, 1994, the statement required
by division
(A) or (B) of
this section shall be accompanied by a
filing fee of twenty-five
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a filing fee to be paid by the person who
is elected or appointed to, or is a candidate for, any of the
following offices:
|
For state office, except member of |
|
|
|
state board of education |
|
$50 |
|
For office of member of United States |
|
|
|
congress or member of general assembly |
|
$25 |
|
For county office |
|
$25 |
|
|
|
45 |
|
For city office |
|
$10 |
|
|
|
20 |
|
For office of member of state board |
|
|
|
of education |
|
$10 |
|
|
|
20 |
|
For office of member of city, local, |
|
|
|
exempted village, or cooperative |
|
|
|
education board of |
|
|
|
education or educational service |
|
|
|
center governing board |
|
$ 5 |
|
For position of business manager, |
|
|
|
treasurer, or superintendent of |
|
|
|
city, local, exempted village, joint |
|
|
|
vocational, or cooperative education |
|
|
|
school district or |
|
|
|
educational service center |
|
$ 5 |
|
For office of member of the board of |
|
|
|
trustees of a state college or university |
|
$50 |
(3) No judge of a court of record or candidate for judge
of
such a court
of record, and no referee or magistrate serving a
court of
record, shall be required to pay the fee required under
division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one hundred dollars.
(G)(1) The appropriate ethics commission other than the
Ohio
ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but
not limited to, fees it
receives under divisions
(E) and (F) of this section and all
moneys it receives from
settlements under division (G) of section
102.06 of the Revised
Code, into the Ohio ethics commission fund,
which is hereby
created in the state treasury. All moneys
credited to the fund
shall be used solely for expenses related to
the operation and
statutory functions of the commission.
(H) Division (A) of this section does not apply to a
person
elected or appointed to the office of precinct, ward, or
district
committee member under Chapter 3517. of the Revised
Code; a
presidential elector; a delegate to a national
convention; village
or township officials and employees; any
physician or psychiatrist
who is paid a salary or wage in
accordance with schedule C of
section 124.15 or schedule E-2 of
section 124.152 of the Revised
Code and whose primary duties do
not require the exercise of
administrative discretion; or any
member of a board, commission,
or bureau of any county or city
who receives less than one
thousand dollars per year for serving
in that position.
Sec. 102.03. (A)(1) No present or former public official
or
employee shall, during public employment or service or for
twelve
months thereafter, represent a client or act in a
representative
capacity for any person on any matter in which the
public
official
or employee personally participated as a public
official or
employee
through decision, approval, disapproval,
recommendation,
the rendering of
advice, investigation, or other
substantial
exercise of administrative
discretion.
(2) For twenty-four months after the conclusion of
service,
no former commissioner or attorney examiner of the
public
utilities commission shall represent a public utility, as
defined
in section 4905.02 of the Revised Code, or act in a
representative
capacity on behalf of such a utility before any
state board,
commission, or agency.
(3) For twenty-four months after the conclusion of
employment or service, no former public official or employee who
personally participated as a public official or employee through
decision, approval, disapproval, recommendation, the rendering of
advice, the development or adoption of solid waste management
plans, investigation, inspection, or other substantial exercise
of
administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or
operator
of a facility, as defined in section 3734.01 of the
Revised Code,
or who is an applicant for a permit or license for
a facility
under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee.
(4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee
of
the general assembly, or the controlling board. Division
(A)(4)
of this section does not apply to or affect a person who
separates
from service with the general assembly on or before
December 31,
1995. As used in division (A)(4) of this section
"person" does
not include any state agency or political
subdivision of the
state.
(5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions,
or
constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person.
(6) Nothing contained in division (A) of this section
shall
prohibit, during such period, a former public official or
employee
from being retained or employed to represent, assist, or
act in a
representative capacity for the public agency by which
the public
official or employee was employed or on which
the public official
or employee served.
(7) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents.
(B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties
that
is confidential because of statutory provisions, or that
has been
clearly designated to the public official or employee as
confidential when that
confidential designation is warranted
because of the status of
the proceedings or the circumstances
under which the information
was received and preserving its
confidentiality is necessary to
the proper conduct of government
business.
(C) No public official or employee shall participate
within
the scope of duties as a public official or employee,
except
through ministerial functions as defined in division (A)
of this
section, in any license or rate-making proceeding that
directly
affects the license or rates of any person, partnership,
trust,
business trust, corporation, or association in which the
public
official or employee or immediate family owns or
controls more
than five per cent. No public official or employee
shall
participate within the scope of duties as a public
official or
employee, except through ministerial functions as
defined in
division (A) of this section, in any license or
rate-making
proceeding that directly affects the license or rates
of any
person to whom the public official or employee or
immediate
family, or a partnership, trust, business trust,
corporation, or
association of which the public official or employee
or the public
official's or employee's immediate family
owns or controls more
than five per cent, has sold goods or
services totaling more than
one thousand dollars during the
preceding year, unless the public
official or employee has filed
a written statement acknowledging
that sale with the clerk or
secretary of the public agency and the
statement is entered in
any public record of the agency's
proceedings. This division
shall not be construed to require the
disclosure of clients of
attorneys or persons licensed under
section 4732.12 or 4732.15 of
the Revised Code, or patients of
persons certified under section
4731.14 of the Revised Code.
(D) No public official or employee shall use or authorize
the use of the authority or influence of office or employment
to
secure anything of value or the promise or offer of anything
of
value that is of such a character as to manifest a substantial
and
improper influence upon the public official or employee with
respect to that person's duties.
(E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or
employee with
respect to that person's duties.
(F) No person shall promise or give to a public official
or
employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public
official or
employee with
respect to that person's duties.
(G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a
campaign
committee, political party, legislative campaign
fund,
political action committee, or political
contributing entity on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section.
As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund,"
"political action committee," and "political contributing
entity"
have the same meanings as in section
3517.01 of the Revised Code.
(H) No public official or employee, except for the
president
or other chief administrative officer of or a member of
a board of
trustees of a state institution of higher education as
defined in
section 3345.011 of the Revised Code, who
is required
to file a
financial disclosure statement under section 102.02 of
the Revised
Code shall solicit or accept, and no person shall
give to that
public official or employee, an honorarium. This
division and
divisions (D), (E), and (F) of this section do not
prohibit a
public official or employee who is required to file a
financial
disclosure statement under section 102.02 of the
Revised Code from
accepting and do not prohibit a person from
giving to that public
official or employee the payment of actual
travel expenses,
including any expenses incurred in connection
with the travel for
lodging, and meals, food, and beverages
provided to the public
official or employee at a meeting at which
the public official or
employee participates in a panel, seminar,
or speaking engagement
or provided to the public official or
employee at a meeting or
convention of a national organization to
which
either house of the
general assembly, any legislative
agency, or any
other state
agency
or any state institution of higher education as defined in
section 3345.031 of the Revised Code pays membership dues. This
division and divisions (D), (E), and (F) of this section do not
prohibit a public official or employee who is not required to
file
a financial disclosure statement under section 102.02 of the
Revised Code from accepting and do not prohibit a person from
promising or giving to that public official or employee an
honorarium or the payment of travel, meal, and lodging expenses
if
the honorarium, expenses, or both were paid in
recognition of
demonstrable business, professional, or esthetic
interests of the
public official or employee that exist apart
from public office or
employment, including, but not limited
to, such a demonstrable
interest in public speaking and were not
paid by any person or
other entity, or by any representative or
association of those
persons or entities, that is regulated by,
doing business with, or
seeking to do business with the
department, division, institution,
board, commission, authority,
bureau, or other instrumentality of
the governmental entity with
which the public official or employee
serves.
(I) A public official or employee may accept travel,
meals,
and lodging or expenses or reimbursement of expenses for
travel,
meals, and lodging in connection with conferences,
seminars, and
similar events related to official duties if
the travel, meals,
and lodging, expenses, or reimbursement is not
of such a character
as to manifest a substantial and improper
influence upon the
public official or employee with respect to
that person's duties.
The house of
representatives and senate, in their code of ethics,
and the Ohio
ethics commission, under section 111.15 of the
Revised Code, may
adopt rules setting standards and conditions for
the furnishing
and acceptance of such travel, meals, and lodging,
expenses, or
reimbursement.
A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers
and
employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code.
(J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to
that
person's duties. As used in this
division, "organization" means a
church or a religious,
benevolent, fraternal, or professional
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3), (4), (8), (10), or (19) of the
"Internal Revenue Code
of 1986." This division does not apply to
a public official or
employee who is an employee of an
organization, serves as a
trustee, director, or officer of an
organization, or otherwise
holds a fiduciary relationship with an
organization. This
division does not allow a public official or
employee who is a
member of an organization to participate,
formally or informally,
in deliberations, discussions, or voting
on a matter or to use
his official position with regard to the
interests of the
organization on the matter if the public official
or employee has
assumed a particular
responsibility in the
organization with respect to the matter or
if the matter would
affect that person's personal, pecuniary
interests.
(K) It is not a violation of this section for a
prosecuting
attorney to appoint assistants and employees in
accordance with
division (B) of section 309.06 and section 2921.421 of the
Revised
Code, for a chief legal officer of a municipal corporation or
an
official designated as prosecutor in a municipal corporation
to
appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to
appoint
assistants and
employees in accordance with sections
504.151 and 2921.421 of the Revised
Code, or for a coroner to
appoint assistants and employees in
accordance with division (B)
of section 313.05 of the Revised Code.
As used in this division, "chief legal officer" has the
same
meaning as in section 733.621 of the Revised Code.
Sec. 102.031. (A) As used in this section:
(1) "Actively advocating," "employer," "financial
transaction," "legislation," and "legislative agent" have the
same
meanings as in section 101.70 of the Revised Code.
(2) "Business associate" means a person with whom a member
of the general assembly is conducting or undertaking a financial
transaction.
(3) "Contribution" has the same meaning as in section
3517.01 of the Revised
Code.
(4) "Employee" does not include a member of the general
assembly whose nonlegislative position of employment does not
involve the performance of or the authority to perform
administrative or supervisory functions; or whose nonlegislative
position of employment, if
he
the member is a public employee,
does not involve a substantial and material exercise of
administrative
discretion in the formulation of public policy,
expenditure of
public funds, enforcement of laws and rules of the
state or a
county or city, or execution of other public trusts.
(B) No member of the general assembly shall vote on any
legislation that
he
the member knows is then being actively
advocated if
he
the member is one of the following with respect
to
a legislative agent or employer that is then actively advocating
on that
legislation:
(2) A business associate;
(3) A person, other than an employee, who is hired under
contract to perform certain services and such position involves a
substantial and material exercise of administrative discretion in
the formulation of public policy.
(C) No member of the general assembly shall knowingly
accept
any of the following from a legislative agent:
(1) The payment of any expenses for travel or lodging
except
as otherwise authorized by division (H) of section 102.03
of the
Revised Code;
(2) More than seventy-five dollars aggregated per calendar
year as payment for meals and other food and beverages, other
than
for those meals and other food and beverages provided to the
member at a meeting at which the member participates in a panel,
seminar, or speaking engagement, at a meeting or convention of a
national organization to which
either house of the general
assembly, any legislative agency, or any
other state agency
or any
state institution of higher education as defined in section
3345.031 of the Revised Code pays
membership dues, or at a dinner,
party, or function to which all
members of the general assembly or
all members of either house of
the general assembly are invited;
(3) A gift of any amount in the form of cash or the
equivalent of cash, or a gift of any other thing of value whose
value exceeds seventy-five dollars. As used in division (C)(3)
of
this section, "gift" does not include any contribution or any
gifts of
meals and
other food and beverages or the payment of
expenses incurred for
travel to destinations either inside or
outside this state that
is received by the member of the general
assembly and that is
incurred in connection with the member's
official duties.
(D) It is not a violation of division (C)(2) of this
section
if, within sixty days after receiving notice from a
legislative
agent that the legislative agent has provided a
member of the
general assembly with more than seventy-five
dollars aggregated in
a calendar year as payment for meals and
other food and beverages,
the member of the general assembly
returns to that legislative
agent the amount received that
exceeds seventy-five dollars.
(E) The joint legislative ethics committee may impose a
fine
of not more than one thousand dollars upon a member of the
general
assembly who violates division (B) of this section.
Sec. 102.06. (A) The appropriate ethics commission shall
receive and may initiate complaints against persons subject to
Chapter 102. of the Revised Code concerning conduct alleged to be
in violation of this chapter or section 2921.42 or 2921.43 of the
Revised Code. All complaints except those by the commission
shall
be by affidavit made on personal knowledge, subject to the
penalties of perjury. Complaints by the commission shall be by
affidavit, based upon reasonable cause to believe that a
violation
has occurred.
(B) The commission shall investigate complaints, may
investigate charges presented to it, and may request further
information, including the specific amount of income from a
source, from any person filing with the commission a statement
required by section 102.02 of the Revised Code, if the
information
sought is directly relevant to a complaint or charges
received by
the commission pursuant to this section. This
information is
confidential, except that the commission, at its discretion, may
share information gathered in the course of any investigation
with, or disclose the information to, any appropriate prosecuting
authority, any law enforcement agency, or any other appropriate
ethics commission. The person so requested shall
furnish the
information to the commission, unless within fifteen
days from the
date of the request the person files an action for
declaratory
judgment challenging the legitimacy of the request in
the court of
common pleas of the county of
his
the person's
residence,
his
the
person's
place of employment, or Franklin county. The requested
information need not be furnished to the commission during the
pendency of the judicial proceedings. Proceedings of the
commission in connection with the declaratory judgment action
shall be kept confidential except as otherwise provided by this
section. Before the commission proceeds to take any formal
action
against a person who is the subject of an investigation
based on
charges presented to the commission, a complaint shall
be filed
against the person. If the commission finds that a
complaint is
not frivolous, and there is reasonable cause to
believe that the
facts alleged in a complaint constitute a
violation of section
102.02, 102.03, 102.04, 102.07, 2921.42, or
2921.43 of the Revised
Code, it shall hold a hearing. If the
commission does not so
find, it shall dismiss the complaint and
notify the accused person
in writing of the dismissal of the
complaint. The commission
shall not make a report of its finding
unless the accused person
requests a report. Upon the request of
the accused person, the
commission shall make a public report of
its finding. The person
against whom the complaint is directed
shall be given reasonable
notice by certified mail of the date,
time, and place of the
hearing and a statement of the charges and
the law directly
involved and shall be given the opportunity to
be represented by
counsel, to have counsel appointed for
him
the
person if
he
the
person is unable to afford counsel without undue
hardship, to
examine
the evidence against
him
the person, to produce evidence
and to
call and
subpoena witnesses in
his
the person's defense, to
confront
his
the person's accusers, and
to cross-examine
witnesses. The commission shall have a
stenographic record made
of the hearing. The hearing shall be
closed to the public.
(C)(1)(a) If upon the basis of the hearing, the commission
finds by a preponderance of the evidence that the facts alleged
in
the complaint are true and constitute a violation of section
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the
Revised
Code, it shall report its findings to the appropriate
prosecuting
authority for proceedings in prosecution of the
violation and to
the appointing or employing authority of the
accused.
(b) If the Ohio ethics commission reports its findings to
the appropriate prosecuting authority under division (C)(1)(a) of
this section and the prosecuting authority has not initiated any
official action on those findings within ninety days after
receiving the commission's report of them, then the commission
may
publicly comment that no official action has been taken on
its
findings, except that the commission shall make no comment in
violation of the Rules of Criminal Procedure or about any
indictment that has been sealed pursuant to any law or those
rules. The commission shall make no comment regarding the merits
of its findings. As used in division (C)(1)(b) of this section,
"official action" means prosecution, closure after investigation,
or grand jury action resulting in a true bill of indictment or no
true bill of indictment.
(2) If the appropriate ethics commission does not find by
a
preponderance of the evidence that the facts alleged in the
complaint are true and constitute a violation of section 102.02,
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code
or
if the commission has not scheduled a hearing within ninety
days
after the complaint is filed or has not finally disposed of
the
complaint within six months after it has been heard, it shall
dismiss the complaint and notify the accused person in writing of
the dismissal of the complaint. The commission shall not make a
report of its finding unless the accused person requests a
report.
Upon the request of the accused person, the commission
shall make
a public report of the finding, but in this case all
evidence and
the record of the hearing shall remain confidential
unless the
accused person also requests that the evidence and
record be made
public. Upon request by the accused person, the
commission shall
make the evidence and the record available for
public inspection.
(D) The commission, or a member of the commission, may
administer oaths, and the commission may issue subpoenas to any
person in the state compelling the attendance of witnesses and
the
production of relevant papers, books, accounts, and records.
The
commission shall issue subpoenas to compel the attendance of
witnesses and the production of documents upon the request of an
accused person. Section 101.42 of the Revised Code shall govern
the issuance of these subpoenas insofar as applicable. Upon the
refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of
common pleas of Franklin county under section 2705.03 of the
Revised Code. The court shall hold proceedings in accordance
with
Chapter 2705. of the Revised Code. The commission or the
accused
person may take the depositions of witnesses residing
within or
without the state in the same manner as prescribed by
law for the
taking of depositions in civil actions in the court
of common
pleas.
(E) At least once each year, the Ohio ethics commission
shall report on its activities of the immediately preceding year
to the majority and minority leaders of the senate and house of
representatives of the general assembly. The report shall
indicate the total number of complaints received, initiated, and
investigated by the commission, the total number of complaints
for
which formal hearings were held, and the total number of
complaints for which formal prosecution was recommended or
requested by the commission. The report also shall indicate the
nature of the inappropriate conduct alleged in each complaint and
the governmental entity with which any employee or official that
is the subject of a complaint was employed at the time of the
alleged inappropriate conduct.
(F) All papers, records, affidavits, and documents upon
any
complaint, inquiry, or investigation relating to the
proceedings
of the appropriate commission shall be sealed and are
private and
confidential, except as otherwise provided in this
section and
section 102.07 of the Revised Code.
(G)(1) When a complaint or charge is before it, the Ohio
ethics commission or the appropriate prosecuting authority, in
consultation with the person filing the complaint or charge, the
accused, and any other person the commission or prosecuting
authority considers necessary, may compromise or settle the
complaint or charge with the agreement of the accused. The
compromise or settlement may include mediation, restitution,
rescission of affected contracts, forfeiture of any benefits
resulting from a violation or potential violation of law,
resignation of a public official or employee, or any other relief
that is agreed upon between the commission or prosecuting
authority and the accused.
(2) Any settlement agreement entered into under division
(G)(1) of this section shall be in writing and be accompanied by
a
statement of the findings of the commission or prosecuting
authority and the reasons for entering into the agreement. The
commission or prosecuting authority shall retain the agreement
and
statement in
its
the commission's or
his
prosecuting attorney's
office and, in
its
the
commission's or
his
prosecuting authority's
discretion,
may make the agreement, the statement, and any
supporting
information public, unless the agreement provides
otherwise.
(3) If a settlement agreement is breached by the accused,
the commission or prosecuting authority, in
its
the commission's
or
his
prosecuting authority's
discretion, may rescind the
agreement and reinstitute any
investigation, hearing, or
prosecution of the accused. No
information obtained from the
accused in reaching the settlement
that is not otherwise
discoverable from the accused shall be used
in any proceeding
before the commission or by the appropriate
prosecuting authority
in prosecuting the violation.
Notwithstanding any other section of
the Revised Code, if a
settlement agreement is breached, any
statute of limitations for
a violation of this chapter or section
2921.42 or 2921.43 of the
Revised Code is tolled from the date the
complaint or charge is
filed until the date the settlement
agreement is breached.
Sec. 103.143. In addition to its duties under section
103.14
of the Revised Code,
the legislative budget office of the
legislative service commission shall, in accordance with this
section, review all bills assigned to a committee of the general
assembly, complete the appropriate local impact statements
required by this section, and compile and distribute these
statements as required by division (D) of this section.
(A) Subject to division (F) of this section,
whenever any
bill is introduced into either house of
the general assembly and
receives second consideration pursuant
to the rules of that house,
the bill shall be reviewed
immediately by the legislative budget
officer. Upon completing
this review, the legislative budget
officer shall determine
whether the bill could result in a net
additional cost to school
districts, counties, townships, or
municipal corporations from
any new or expanded program or service
that school districts,
counties, townships, or municipal
corporations would be required
to perform or administer under the
bill. If the legislative
budget officer determines that
it could
result in such a cost, the legislative
budget office
service
commission shall prepare
a local impact statement in the manner
specified in
this section.
Immediately upon determining the
potential for a
net additional
cost, the legislative budget
officer shall notify
the sponsor of
the bill, the chairperson of
the
committee to which
the bill has
been assigned, and the
presiding officer and
minority leader of
the house in which the
bill originates of the
legislative budget
officer's
determination
by signing and dating a statement to be
delivered
to them.
If a local impact statement is required, the legislative
budget office
service commission shall, as soon as possible but no
later than thirty
days after the date the bill is scheduled for a
first hearing in
a
committee in the house in which the bill was
introduced or no
later than thirty days after being requested to
do so by the
chairperson of such a committee, prepare a statement
containing
the most accurate estimate possible, in dollars, of the
net
additional costs, if any, that will be required of school
districts, counties, townships, or municipal corporations to
perform or administer a new or expanded program or service
required under the bill. Copies of this statement shall be sent
to the governor, the speaker of the house of representatives, the
president of the senate, the sponsor of the bill, the minority
leader in both houses, and the chairperson of the
committee to
which
the bill has been assigned.
No bill for which a local impact statement is required by
this section shall be voted out of committee until after the
committee members have received and considered the statement or,
if the bill was amended in committee, the revised statement,
unless the bill is voted out of committee by a two-thirds vote of
the membership of the committee.
(B) In preparing a local impact statement, the legislative
budget office
service commission may request any department,
division, institution,
board, commission, authority, bureau, or
other instrumentality or
officer of the state, a school district,
a county, a municipal
corporation, or a township to provide any of
the following
information:
(1) An estimate, in dollars, of the amount by which the
bill
would increase or decrease the revenues received or
expenditures
made by the instrumentality, officer, or entity;
(2) Any other information the legislative
budget office
service commission considers necessary for it to understand or
explain the fiscal
effect of the bill.
An instrumentality, officer, or entity shall comply with a
request as soon as reasonably possible, but not later than
fifteen
days, after receiving it. The legislative
budget office
service
commission shall
specify the manner of compliance in its request,
and if
necessary
may specify a period of time longer than fifteen
days
for
compliance. The legislative
budget office
service
commission may consider any
information provided under division
(B)(1) or (2) of this section
in preparing a local impact
statement.
(C) Any time a bill is amended, the legislative
budget
office
service commission shall, as soon as reasonably possible,
revise the local
impact statement to reflect changes made by
amendment.
(D) The legislative
budget office
service commission shall
annually compile
the
final local impact statements completed for
all laws passed
by
both houses of the general assembly in the
preceding year. It
shall send a copy of this compilation as a
draft report
to the
state and local government commission and to
associations or
nonprofit organizations formed for the improvement
of school
districts or municipal, township, or county government
or for
their elected officials by the last day of July of each
year.
Upon
receiving the draft report,
the state and local
government
commission shall solicit comments from these
associations and
organizations
may comment about the actual fiscal
impact of bills passed
during the year covered by the report. The
commission shall
review and comment on the draft report before
returning it to the
legislative budget office, along with the
and
forward those comments
of the
associations and organizations,
to
the legislative service commission by the last day of August. The
legislative
budget office
service commission shall then prepare a
final report
consisting of the compiled local impact statements
and all
forwarded comments
returned by the state and local
government commission.
The final report shall be completed by the
last day of September
and copies of the report shall be sent to
the governor, the
speaker of the house of representatives, and the
president of the
senate.
(E) As used in this section,
"net additional cost" means
any
cost incurred or anticipated to be incurred by a school
district,
county, township, or municipal corporation in
performing or
administering a new or expanded program or service
required by a
state law other than any of the following:
(1) A cost arising from the exercise of authority granted
by
a state law rather than from the performance of a duty or
obligation imposed by a state law;
(2) New duties or obligations that create only a minimal
cost for affected school districts, counties, townships, or
municipal corporations. The legislative
budget office
service
commission shall
determine what constitutes such a minimal cost.
Before making
this determination, the legislative
budget office
service commission shall notify
the
state organizations that
represent school districts,
counties,
townships, and municipal
corporations regarding the
proposed
determination and provide a
thirty-day period for these
organizations and individual school
districts, counties,
townships, and municipal corporations to
comment on it.
(3) A cost arising from a law passed as a result of a
federal mandate.
The amounts described in division (E)(2) of this section
include only the amounts remaining after subtracting from such
costs any revenues received or receivable by the school district,
county, township, or municipal corporation on account of the
program or service, including the following:
(a) Fees charged to the recipients of the program or
service;
(b) State or federal aid paid specifically or
categorically
in connection with the program or service;
(c) Any offsetting savings resulting from the
diminution
or
elimination of any other program or service directly
attributable
to the performance or administration of the required
program or
service.
(F) This section does
not apply to any of the following:
(1) The main biennial operating appropriations
bill;
(2) The biennial operating appropriations bill for state
agencies supported by motor fuel tax revenue;
(3) The biennial operating appropriations bill or bills
for
the bureau of workers' compensation and the industrial
commission;
(4) Any other bill that makes the principal biennial
operating
appropriations for one or more state agencies;
(5) The bill that primarily contains corrections and
supplemental appropriations to the biennial operating
appropriations bills;
(6) The main biennial capital appropriations bill;
(7) The bill that primarily contains reappropriations
from
previous capital appropriations bills.
Sec. 103.33. This section shall be known as "The Community
Organizations Access Procedure Act."
Any state agency that is eligible to receive
federal funds
under a federal grant program and that cannot or has
decided that
it will not participate fully in the program shall
promptly report
both of the following to the joint legislative
committee on
federal funds:
(A) That the agency cannot or has decided that it will not
participate fully in the program, along with the reason;
(B) Whether there is some means allowable under federal law
by which counties or not-for-profit organizations can receive the
federal funds to participate in the program, as by being agents or
grantees of the agency.
If there is a means whereby counties or not-for-profit
organizations can so participate in the program, the agency shall
post on a generally accessible internet website detailed
information about the program and the means by which the
counties
or not-for-profit organizations can participate in the
program.
The information shall be posted within ample time for the
counties
or not-for-profit organizations to participate fully in
the
program. Any county interested in participating in the
program
shall apply to the agency on its own behalf. Any county
that is
willing to be the fiscal agent for a not-for-profit
organization
interested in participating and qualified to
participate in the
program, or that arranges with a responsible
organization to be
the fiscal agent for the program in the county,
shall advertise or
otherwise inform such organizations about the
program and shall
apply to the agency in conjunction with or on
behalf of the
not-for-profit organization. The agency shall
accept applications
from the counties on a first-come,
first-served basis, shall apply
to the federal government for the
funds, and shall pay the federal
funds to the counties when
available.
As used in this section,
"not-for-profit organizations" means
organizations, including faith-based organizations, exempt from
federal income taxation under section 501(c)(3) of the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as
amended.
Sec. 105.41. (A) There is hereby created the capitol
square
review and advisory board, consisting of nine members as
follows:
(1) Two members of the senate, appointed by the president
of
the senate, both of whom shall not be members of the same
political party;
(2) Two members of the house of representatives, appointed
by the speaker of the house of representatives, both of whom
shall
not be members of the same political party;
(3) Five members appointed by the governor, with the
advice
and consent of the senate, not more than three of whom
shall be
members of the same political party, one of whom shall
represent
the office of the state architect and engineer, one of
whom shall
represent the Ohio arts council, one of whom shall
represent the
Ohio historical society, one of whom shall
represent the Ohio
building authority, and one of whom shall
represent the public at
large.
(B) Terms of office of each appointed member of the board
shall be for three years, except that members of the general
assembly appointed to the board shall be members of the board
only
so long as they are members of the general assembly. Each
member
shall hold office from the date of the member's
appointment until
the end of the term for which the member was appointed. In
case
of a
vacancy occurring on the board, the president of the senate,
the
speaker of the house of representatives, or the governor, as
the case
may be, shall
in the same manner prescribed for the
regular appointment to the
commission, fill the vacancy by
appointing a member. Any member
appointed to fill a vacancy
occurring prior to the expiration of
the term for which the
member's predecessor was appointed
shall hold
office for the
remainder of the term. Any member shall continue
in office
subsequent to the expiration date of the member's
term until the
member's
successor takes office, or until a period of sixty days
has
elapsed, whichever occurs first.
(C) The board shall hold meetings in a manner and at times
prescribed by the rules adopted by the board. A majority of the
board constitutes a quorum, and no action shall be taken by the
board unless approved by at least five voting members. At its
first meeting, the board shall adopt rules for the conduct of its
business and the election of its officers, and shall organize by
selecting a chairperson and other officers as it
considers
necessary. Board members shall serve without compensation but
shall be reimbursed for actual and necessary expenses incurred in
the performance of their duties.
(D) The board may
do any of the following:
(1) Employ or hire on a consulting basis professional,
technical, and clerical employees as are necessary for the
performance of its duties;
(2) Hold public hearings at times and places as determined
by the board;
(3) Adopt, amend, or rescind rules necessary to accomplish
the duties of the board as set forth in this section;
(4) Sponsor, conduct, and support such social events as the
board may
authorize and consider appropriate for the employees of
the board, employees
and members of the general assembly,
employees of persons under contract with
the board or otherwise
engaged to perform services on the premises of capitol
square, or
other persons as the board may consider appropriate. Subject to
the requirements of Chapter 4303. of the Revised Code, the board
may provide
beer, wine, and intoxicating liquor, with or without
charge, for
such
those events
and may use funds only from the sale
of goods and services fund to purchase
the beer, wine, and
intoxicating liquor the board provides.
(E) The board shall
do all of the following:
(1) Have sole authority to coordinate and approve any
improvements, additions, and renovations that are made to the
capitol square. The improvements shall include, but not be
limited to, the placement of monuments and sculpture on the
capitol grounds.
(2)
Operate
Subject to section 3353.07 of the Revised Code,
operate the capitol square, and have sole authority to
regulate
all uses of the capitol square. The uses shall include,
but not
be limited to, the casual and recreational use of the
capitol
square.
(3) Employ, fix the compensation of, and prescribe the
duties of the executive director of the board and
such other
employees
as the board considers necessary for the performance of
its powers and duties;
(4) Establish and maintain the capitol collection trust.
The
capitol collection trust shall consist of furniture,
antiques, and
other items of personal property that the board
shall store in
suitable facilities until they are ready to be
placed in the
capitol square.
(5) Perform
such repair, construction, contracting,
purchasing, maintenance, supervisory, and operating activities
as
the board determines are necessary for the operation and
maintenance of the capitol square;
(6) Maintain and preserve the capitol square, in
accordance
with guidelines issued by the United States secretary
of the
interior for application of the secretary's standards for
rehabilitation adopted in 36 C.F.R. part 67.
(F)(1) The
capitol square review and advisory board shall
lease capital facilities improved or financed by the Ohio
building
authority pursuant to Chapter 152. of the Revised Code
for the use
of the board, and may enter into any other agreements
with the
authority ancillary to improvement, financing, or
leasing of
such
those capital facilities, including, but not limited to,
any
agreement required by the applicable bond proceedings
authorized
by Chapter 152. of the Revised Code. Any lease of
capital
facilities authorized by this section shall be governed
by
division (D) of section 152.24 of the Revised Code.
(2) Fees, receipts, and revenues received by the
capitol
square review and advisory board from the state underground
parking garage constitute available receipts as defined in
section
152.09 of the Revised Code, and may be pledged to the
payment of
bond service charges on obligations issued by the Ohio
building
authority pursuant to Chapter 152. of the Revised Code
to improve
or finance capital facilities useful to the board.
The authority
may, with the consent of the board, provide in the
bond
proceedings for a pledge of all or
such
a portion of
such
those
fees, receipts, and revenues as the authority determines. The
authority may provide in the bond proceedings or by separate
agreement with the board for the transfer of
such
those fees,
receipts,
and revenues to the appropriate bond service fund or
bond service
reserve fund as required to pay the bond service
charges when
due, and any such provision for the transfer of
such
those fees,
receipts, and revenues shall be controlling
notwithstanding any
other provision of law pertaining to
such
those fees, receipts, and
revenues.
(3) All moneys received by the treasurer of state on
account
of the board and required by the applicable bond
proceedings or by
separate agreement with the board to be
deposited, transferred, or
credited to the bond service fund or
bond service reserve fund
established by
such
the bond proceedings
shall be transferred by
the treasurer of state to such fund,
whether or not
such fund
it
is in the custody of the treasurer of
state, without necessity for
further appropriation, upon receipt
of notice from the Ohio
building authority as prescribed in the
bond proceedings.
(G) All fees, receipts, and revenues received by the
capitol
square review and advisory board from the state
underground
parking garage shall be deposited into the state
treasury to the
credit of the underground parking garage
operating fund, which is
hereby created, to be used for the
purposes specified in division
(F) of this section and for the
operation and maintenance of the
garage. All investment earnings
of the fund shall be credited to
the fund.
(H) All donations received by
the
capitol square review and
advisory board shall be deposited into
the state treasury to the
credit of the capitol square renovation gift fund, which is hereby
created. The fund
shall be used by the
capitol square review and
advisory board as
follows:
(1) To provide part or all of the funding related to
construction,
goods, or services for the renovation of the capitol
square;
(2) To purchase art, antiques, and artifacts for display at
the capitol
square;
(3) To award contracts or make grants to organizations for
educating the
public regarding the historical background and
governmental functions of the
capitol square. Chapters 125.,
127., and 153. and section 3517.13 of the
Revised
Code do not
apply to purchases made exclusively from the fund,
notwithstanding
anything to the contrary in those chapters or
that section. All
investment earnings of the fund shall be credited to the
fund.
(I) Except as provided in divisions (G), (H), and (J) of
this
section, all fees,
receipts, and revenues received by the
capitol square review and
advisory board shall be deposited into
the state treasury to the
credit of the sale of goods and services
fund, which is hereby
created. Money credited to the fund shall
be used solely to pay
costs of the board other than those
specified in divisions (F)
and (G) of this section. All
investment earnings of the fund
shall be credited to the fund.
(J) There is hereby created in the state treasury the
capitol square
improvement fund, to be used by the
capitol
square
review and
advisory board to
pay
construction, renovation, and
other costs related to the
capitol square for which money is not
otherwise
available to the board. Whenever the board
determines
that there
is a need to incur
such
those costs and that the
unencumbered,
unobligated balance to the credit of the underground
parking
garage operating
fund exceeds the amount needed for the
purposes
specified in division (F) of
this section and for the
operation
and maintenance of the garage, the board
may request the
director
of budget and management to transfer from the
underground
parking
garage operating fund to the capitol square
improvement
fund the amount needed
to pay
such construction,
renovation, or
other costs.
The director
then shall
thereupon
transfer the
amount needed from the excess
balance of the
underground parking
garage operating fund.
(K) As the operation and maintenance of the capitol
square
constitute essential government functions of a public purpose,
the
board shall not be required to pay taxes or assessments upon
the
square,
or upon any property acquired or used by the board
under
this section, or upon any income generated by the operation
of the
square.
(L) As used in this section,
"capitol square" means the
capitol building, senate building, capitol atrium, capitol
grounds, and the state underground parking garage.
(M) The capitol annex shall be known as the senate
building.
Sec. 109.761. (A)(1) Each agency or entity that appoints
or employs one or more peace officers shall report to the Ohio
peace officer training commission all of the following that occur:
(a) The appointment or employment of any person to serve
the agency or entity as a peace officer in any full-time,
part-time, reserve, auxiliary, or other capacity;
(b) The termination, resignation, felony conviction, or
death of any person who has been appointed to or employed by the
agency or entity as a peace officer in any full-time, part-time,
reserve, auxiliary, or other capacity and who is serving the
agency or entity in any of those peace officer capacities.
(2) An agency or entity shall make each report required by
division (A)(1) of this section within ten days of the occurrence
of the event that is being reported. The agency or entity shall
make the report in the manner and format prescribed by the
executive director of the Ohio peace officer training commission.
(B) Each agency or entity that appoints or employs one or
more peace officers annually shall provide to the Ohio peace
officer training commission a roster of all persons who have been
appointed to or employed by the agency or entity as a peace
officer in any full-time, part-time, reserve, auxiliary, or other
capacity, and who are serving or during the year covered by the
report have served the agency or entity in any of those peace
officer capacities. The agency or entity shall provide the roster
in the manner and format, and by the date, prescribed by the
executive director of the Ohio peace officer training commission.
(C) If an agency or entity that appoints or employs one or
more peace officers fails to comply with division (A) or (B) of
this section, the agency or entity is ineligible to have any of
its peace officers participate in any basic or advanced training
conducted by the Ohio peace officer training commission or the
Ohio peace officer training academy. The agency or entity shall
remain ineligible as described in this division until the agency
or entity attains compliance with divisions (A) and (B) of this
section. Upon the agency's or entity's compliance with divisions
(A) and (B) of this section, the ineligibility imposed by this
division terminates.
(D) The Ohio peace officer training commission shall
prescribe the manner and format of making reports under division
(A) of this section and providing annual rosters under division
(B) of this section and shall prescribe the date by which the
annual rosters must be provided.
Sec. 111.16. The secretary of state shall charge and
collect, for the benefit of the state, the following fees:
(A) For filing and recording articles of incorporation of a
domestic
corporation, including designation of agent:
(1) Wherein the corporation shall not be authorized to
issue
any shares of capital stock,
one hundred twenty-five dollars.;
(2) Wherein the corporation shall be authorized to issue
shares of capital stock, with or without par value:
(a) Ten cents for each share authorized up to and
including
one thousand shares;
(b) Five cents for each share authorized in excess of one
thousand shares up to and including ten thousand shares;
(c) Two cents for each share authorized in excess of ten
thousand shares up to and including fifty thousand shares;
(d) One cent for each share authorized in excess of fifty
thousand shares up to and including one hundred thousand shares;
(e) One-half cent for each share authorized in excess of
one
hundred thousand shares up to and including five hundred
thousand
shares;
(f) One-quarter cent for each share authorized in excess
of
five hundred thousand shares; provided no fee shall be less
than
eighty-five
one hundred twenty-five dollars or greater than one
hundred thousand dollars.
(B) For filing and recording a certificate of amendment to
or amended articles of incorporation of a domestic corporation, or
for filing and recording a certificate of reorganization, a
certificate of dissolution, or an amendment to a foreign license
application:
(1) If the domestic corporation is not authorized to issue
any
shares of capital stock,
twenty-five
fifty dollars;
(2) If the domestic corporation is authorized to issue
shares of
capital stock,
thirty-five
fifty dollars, and in case of
any increase
in the number of shares authorized to be issued, a
further sum
computed in accordance with the schedule set forth in
division
(A)(2) of this section less a credit computed in the same
manner
for the number of shares previously authorized to be issued
by
the corporation; provided no fee under division (B)(2) of
this
section shall be greater than one hundred thousand dollars;
(3) If the foreign corporation is not authorized to issue
any
shares of capital stock, fifty dollars;
(4) If the foreign corporation is authorized to issue shares
of capital
stock, fifty dollars.
(C) For filing and recording articles of incorporation of
a
savings and loan association, one hundred
twenty-five dollars;
and
for filing
and recording a certificate of amendment to or amended
articles
of incorporation
that do not involve an increase in the
authorized capital stock of such corporation
of a savings and loan
association,
twenty-five
fifty
dollars;
and for filing and
recording a certificate of amendment
to or amended articles of
incorporation that do involve an
increase in the authorized
capital stock of such corporation,
thirty-five dollars;
(D) For filing and recording a certificate of merger or
consolidation,
fifty
one hundred twenty-five dollars and, in the
case of any new
corporation resulting from a consolidation or any
surviving
corporation that has an increased number of shares
authorized to
be issued resulting from a merger, an additional sum
computed in
accordance with the schedule set forth in division
(A)(2) of this
section less a credit computed in the same manner
for the number
of shares previously authorized to be issued or
represented in
this state by each of the corporations for which a
consolidation
or merger is effected by the certificate;
(E) For filing and recording articles of incorporation of
a
credit union or the American credit union guaranty association,
thirty-five
one hundred twenty-five dollars, and for filing and
recording a certificate
of increase in capital stock or any other
amendment of the
articles of incorporation of a credit union or
the association,
twenty-five
fifty dollars;
(F) For filing and recording articles of organization of a
limited liability company
or, for filing and recording an
application to become a registered foreign limited liability
company, for filing and recording a
registration application to
become a domestic limited
liability partnership,
or
for filing and
recording an application to become a registered foreign limited
liability
partnership,
eighty-five
one hundred twenty-five
dollars;
(G) For filing and recording a certificate of limited
partnership or an application for registration as a foreign
limited partnership
the following apply:
(1) If the certificate or application is for a limited
partnership or foreign limited partnership described in division
(A)(1) of section 1782.63 of the Revised Code, and the
partnership
has complied with divisions (A)(1)(a) to (e) of
that
section, no
fee;
(2) If the certificate or application is for a limited
partnership or foreign limited partnership other than a
partnership described in division (G)(1) of this section,
eighty-five, one hundred twenty-five dollars.
(H) For filing a copy of papers evidencing the
incorporation
of a municipal corporation or of annexation of
territory by a
municipal corporation, five dollars, to be paid by
the
municipal
corporation, the petitioners therefor, or their agent;
(I) For filing and recording any of the following:
(1) A license to transact business in this state by a
foreign corporation for profit pursuant to section 1703.04 of the
Revised Code
or a foreign nonprofit corporation pursuant to
section 1703.27 of the Revised Code, one hundred
twenty-five
dollars;
(2) An annual report
or annual statement pursuant to section
1775.63
or 1785.06 of the Revised Code,
ten
twenty-five dollars;
(3)
Any
Except as otherwise provided in this section or any
other section of the Revised Code, any other certificate or paper
that is required to be
filed and recorded or is permitted
by any
provision of the Revised Code to be filed
and recorded
by any
provision of the Revised Code with the secretary of state,
ten
twenty-five dollars.
(J) For filing any certificate or paper not required to be
recorded, five dollars;
(K)(1) For making copies of any certificate or other paper
filed in the office of the secretary of state,
the cost
shall
a
fee not
to exceed one dollar per page,
except as otherwise
provided in the Revised Code,
and for creating and affixing the
seal of the
office of the secretary of state to any good standing
or other certificate,
five dollars, except that for. For copies
of certificates or papers
required by state officers for official
purpose, no charge shall be made;.
(2) For creating and affixing the seal of the office of the
secretary of state to the certificates described in division (E)
of section 1701.81, division (E) of section 1705.38, or division
(D) of section 1702.43 of the Revised Code, twenty-five dollars.
(L) For a minister's license to solemnize marriages, ten
dollars;
(M) For examining documents to be filed at a later date
for
the purpose of advising as to the acceptability of the
proposed
filing,
ten
fifty dollars;
(N)
For expedited filing service for filings referred to
in
divisions (A), (B), (C), (D), (E), (F), and (G) of this
section,
ten dollars in addition to the fee for filing and
recording
provided in those divisions
Fifty dollars for filing and recording
any of the following:
(1) A certificate of dissolution and accompanying documents,
or a certificate of cancellation, under section 1701.86, 1702.47,
1705.43, or 1782.10 of the Revised Code;
(2) A notice of dissolution of a foreign licensed
corporation or a certificate of surrender of license by a foreign
licensed corporation under section 1703.17 of the Revised Code;
(3) The withdrawal of registration of a foreign or domestic
limited liability partnership under section 1775.61 or 1775.64 of
the Revised Code, or the certificate of cancellation of
registration of a foreign limited liability company under section
1705.57 of the Revised Code;
(4) The filing of a cancellation of disclaimer of general
partner status under Chapter 1782. of the Revised Code.
(O)
Fees
For filing a statement of continued existence by a
nonprofit corporation, twenty-five dollars;
(P) For filing a restatement under section 1705.08 or
1782.09 of the Revised Code, an amendment to a certificate of
cancellation under section 1782.10 of the Revised Code, an
amendment under section 1705.08 or 1782.09 of the Revised Code, or
a correction under section 1705.55, 1775.61, 1775.64, or 1782.52
of the Revised Code, fifty dollars;
(Q) For filing for reinstatement of an entity cancelled by
operation of law, by the secretary of state, by order of the
department of taxation, or by order of a court, twenty-five
dollars;
(R) For filing a change of agent, resignation of agent, or
change of agent's address under section 1701.07, 1702.06,
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.04
of the Revised Code, twenty-five dollars;
(S) For filing and recording any of the following:
(1) An application for the exclusive right to use a name or
an application to reserve a name for future use under section
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised
Code, fifty dollars;
(2) A trade name or fictitious name registration or report,
fifty dollars;
(3) An application to renew any item covered by division
(S)(1) or (2) of this section that is permitted to be renewed,
twenty-five dollars;
(4) An assignment of rights for use of a name covered by
division (S)(1), (2), or (3) of this section, the cancellation of
a name registration or name reservation that is so covered, or
notice of a change of address of the registrant of a name that is
so covered, twenty-five dollars.
(T) For filing and recording a report to operate a business
trust or a real estate investment trust, either foreign or
domestic,
one hundred twenty-five dollars; and for filing and
recording an
amendment to a report or associated trust instrument,
or a
surrender
of authority, to operate a business trust or real
estate
investment
trust, fifty dollars;
(U)(1) For filing and recording the registration of a
trademark, service mark, or mark of ownership, one hundred
twenty-five dollars;
(2) For filing and recording the change of address of a
registrant, the assignment of rights to a registration, a renewal
of a registration, or the cancellation of a registration
associated with a trademark, service mark, or mark of ownership,
twenty-five dollars.
Fees specified in this section may be paid by
cash, check, or
money order or by credit card, or an alternative payment program,
in accordance with division (B) or (C) of section 111.18 of the
Revised Code. Any credit card number or
the expiration date of
any credit card is not subject to
disclosure under
Chapter 149. of
the Revised Code.
Sec. 111.18. (A) The secretary of state shall keep a
record
of all fees collected by the secretary of state and,
except as
otherwise provided in this
subject to division (B) of section
and
in sections 1309.401
and
1329.68 and division (C)(2) of section
3506.05 of the Revised Code
and except as otherwise provided in
the Revised Code, shall
pay, through June 30, 2001, fifty per cent
of
them into the state
treasury to the credit of the
general
revenue
fund and fifty per cent of them into the state treasury to
the credit of
the corporate and uniform commercial code filing
fund created
under
by section
1309.401 of the Revised Code
and
shall pay, on and after July 1, 2001, all of
them into the state
treasury to the credit of the general revenue fund.
Through June
30, 2001, all of the fees
collected
under divisions (I)(2) and (N)
of section 111.16 of the Revised Code
shall be paid into the state
treasury to the credit
of that corporate and uniform commercial
code filing fund. On and after
July 1, 2001, the following fees
shall be paid into the state
treasury to the credit of that
corporate and uniform commercial code filing
fund:
(1) Twenty-five dollars of each fee collected under
divisions (A)(2), (F), (G)(2), and (I)(1)
of section 111.16 of the
Revised Code;
(2) Twenty-five dollars of each fee collected under
division
(C) of section
1703.031 of the Revised Code;
(3) All fees collected under divisions (I)(2) and
(N) of
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the
Revised
Code;
(5) Each fifty-dollar fee for amendments filed by foreign
nonprofit corporations under section 1703.27 of the
Revised Code.
(B) The secretary of state may implement a credit card
payment program
permitting
that permits payment of any fee charged
by the
secretary of state by means of a credit card. The
secretary of
state may open an account outside the state treasury
in a
financial institution for the purpose of depositing credit
card
receipts. Within forty-eight hours following the deposit
of
the receipts, the financial institution shall make available
to
the secretary of state funds in the amount of the receipts.
The
secretary of state
then shall
then pay
these
those funds into the
state
treasury to the credit of the
general revenue
corporate and
uniform commercial code filing fund,
subject to division (B) of
section 1309.401 of the Revised Code and except as
otherwise
provided
by
in the Revised Code.
The secretary of state may pay the cost of any service charge
required by a
financial institution or credit card company in
connection with a credit card
payment program.
The secretary of state shall adopt rules
as necessary to
carry out the purposes of this division. The rules shall include
standards for determining eligible financial institutions and the
manner in which funds shall be made available and shall be
consistent with the standards contained in sections 135.03,
135.18, and 135.181 of the Revised Code.
(C) The secretary of state may implement alternative payment
programs that permit payment of any fee charged by the secretary
of state by means other than cash, check, money order, or credit
card; an alternative payment program may include, but is not
limited to, one that permits a fee to be paid by electronic means
of transmission. The secretary of state may open an account
outside the state treasury in a financial institution for the
purpose of operating an alternative payment program. Within
forty-eight hours following the deposit of funds into such an
account, the financial institution shall make available to the
secretary of state the deposited funds. The secretary of state
then shall pay those funds into the state treasury to the credit
of the corporate and uniform commercial code filing fund, subject
to division (B) of section 1309.401 of the Revised Code and except
as otherwise provided in the Revised Code.
The secretary of state may pay the cost of any service charge
required by a financial institution or service company in
connection with an alternative payment program.
The secretary of state shall adopt rules necessary to carry
out the purposes of this division. The rules shall include
standards for determining eligible financial institutions and the
manner in which funds shall be made available and shall be
consistent with the standards contained in sections 135.03,
135.18,
and 135.181 of the Revised Code.
Sec. 111.23.
(A) The secretary of state, by rule, shall
establish, and prescribe
guidelines
and fees for the use of, an
"expedited filing service"
that provides, at the
option of the
person making
such a filing, expeditious processing of any
filing
with the secretary of state under
Chapters
Chapter 1309.
and
or
1329.
and of any
filing referred to in divisions (A), (B), (C),
(D), (E), (F), and (G) of
section 111.16
or Title XVII of the
Revised Code.
(B) The secretary of state may adopt rules establishing, and
prescribing guidelines and fees for the use of, a bulk filing
service that provides, at the option of the person making a
filing, a method for providing large amounts of information. The
secretary of state may charge and collect fees for filings made
through a bulk filing service at reduced amounts from those
otherwise specified in or authorized by the Revised Code.
(C) The secretary of state may adopt rules establishing, and
prescribing guidelines and fees for the use of, alternative filing
procedures in making filings with the secretary of state. Under
these rules, the secretary of state may accept any filing and
payment of associated fees through any electronic, digital,
facsimile, or other means of transmission. The filings shall be
made on a form prescribed by the secretary of state and shall
comply fully with any other requirements of the Revised Code
applicable to the type of filing being made.
Sec. 111.25.
(A) The secretary of state shall prescribe the
following forms
for persons to use in complying with the
requirements of
Chapter 1309. of the
Revised Code
for the filing
of financing statements and related documents:
(A)(1) The financing statement described in
division (A) of
section 1309.39 of the
Revised
Code;
(B)(2) A form for the amendment of a
financing statement
described in division (C)
of section 1309.39 of the Revised
Code;
(C)(3) A continuation statement described
in division (C) of
section 1309.40 of the
Revised
Code;
(D)(4) A termination statement described in
division (A) of
section 1309.41 of the
Revised
Code;
(E)(5) A form for an assignment of rights
under a financing
statement described in section 1309.42 of the
Revised
Code;
(F)(6) A statement of release described in
section 1309.43
of the Revised
Code.
(B) The secretary of state shall prescribe the forms for
persons to use in complying with the requirements of Title XVII of
the Revised Code to the extent that those requirements relate to
filings with the secretary of state's office.
Sec. 118.08. (A) The members of the financial planning and
supervision commission
shall serve without compensation, but shall
be paid by the commission their
necessary and actual expenses
incurred while engaged in the business of the
commission.
(B) All expenses incurred for services rendered by the
financial supervisor for a period of twenty-four months shall be
paid by the commission pursuant to an appropriation made by the
general assembly for this purpose. Expenses incurred for
services
rendered by the financial supervisor beyond this period
shall be
borne by the municipal corporation, county, or township
unless the
director of budget and management waives the costs
and allows
payment in accordance with the following:
(1) If the continued performance of the financial
supervisor
is required for a period of twenty-five to thirty months, the
municipal corporation, county, or township is responsible
for
twenty per cent of the compensation due.
(2) If the continued performance of the financial
supervisor
is required for a period of thirty-one to thirty-six months, the
municipal corporation, county, or township is responsible
for
fifty per cent of the compensation due.
(3) If the continued performance of the financial
supervisor
is required for a period of thirty-seven months or more, the
municipal corporation, county, or township is responsible
for one
hundred per cent of the compensation due except as otherwise
provided in division (B)(4) of this section.
(4)
Beginning in fiscal year 2000, if
If the continued
performance
of the financial supervisor has been required longer
than eight
fiscal years for any
municipal corporation, county, or
township declared to be in a fiscal
emergency prior to fiscal year
1996, that municipal corporation, county, or
township is
responsible for fifty per cent of the compensation due in
its
ninth fiscal
year
2000
while in fiscal emergency and one hundred
per cent of the compensation due in
its tenth fiscal year
2001
and
every fiscal year thereafter while in fiscal emergency.
(C) If the municipal
corporation, county, or township fails
to make any payment to
the financial supervisor as required by
this chapter, the
financial supervisor may certify to the county
auditor the
amount due, and that amount shall be withheld from the
municipal
corporation, county, or township from any fund or funds
in the
custody of the county auditor for distribution to the
municipal
corporation, county, or township, except for those
reserved for
payment of local government fund notes. Upon
receiving
such
the
certification from the
auditor of state
financial supervisor, the county auditor
shall draw a voucher for
the amount against
such
those fund or funds
in favor of the
financial supervisor.
Sec. 119.12. Any party adversely affected by any order of
an
agency issued pursuant to an adjudication denying an applicant
admission to an examination, or denying the issuance or renewal
of
a license or registration of a licensee, or revoking or
suspending
a license, or allowing the payment of a forfeiture
under section
4301.252 of the Revised Code, may appeal from the
order of the
agency to the court of common pleas of the county in
which the
place of business of the licensee is located or the
county in
which the licensee is a resident, except that appeals
from
decisions of the liquor control commission,
the state medical
board, state chiropractic
board,
state dental board, and board of
nursing shall be to
the court of common pleas
of Franklin county.
If any such party
is not a resident of and
has no place of
business in this state,
the party may appeal
to the
court of
common pleas of Franklin
county.
Any party adversely affected by any order of an agency
issued
pursuant to any other adjudication may appeal to the court
of
common pleas of Franklin county, except that appeals from
orders
of the fire marshal issued under Chapter 3737. of the
Revised Code
may be to the court of common pleas of the county in
which the
building of the aggrieved person is located.
This section does not apply to appeals from the department
of
taxation.
Any party desiring to appeal shall file a notice of appeal
with the agency setting forth the order appealed from and the
grounds of the party's appeal. A copy of such notice of
appeal
shall
also be filed by the appellant with the court. Unless
otherwise
provided by law relating to a particular agency, such
notices of
appeal shall be filed within fifteen days after the
mailing of
the notice of the agency's order as provided in this
section.
For purposes of this paragraph, an order includes a
determination
appealed pursuant to division (C) of section 119.092
of the
Revised Code.
The filing of a notice of appeal shall not automatically
operate as a suspension of the order of an agency. If it appears
to the court that an unusual hardship to the appellant will
result
from the execution of the agency's order pending
determination of
the appeal, the court may grant a suspension and
fix its terms.
If
an appeal is taken from the judgment of the
court and the court
has previously granted a suspension of the
agency's order as
provided in this section, such suspension of
the agency's order
shall not be vacated and shall be given full
force and effect
until the matter is finally adjudicated. No
renewal of a license
or permit shall be denied by reason of such
suspended order during
the period of the appeal from the decision
of the court of common
pleas. In the case of an appeal from the
state medical board or
state chiropractic board, the
court may grant a suspension and
fix its terms if it appears to the
court that an unusual hardship
to the appellant will result from
the execution of the agency's
order pending determination of the
appeal and the health, safety,
and welfare of the public will not
be threatened by suspension of
the order. This provision shall
not be construed to limit the
factors the court may consider in
determining whether to suspend
an order of any other agency
pending determination of an appeal.
The final order of adjudication may apply to any renewal of
a
license or permit which has been granted during the period of
the
appeal.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas or a court of appeals
suspending the
effect of
an order of the liquor control commission
issued pursuant to Chapter 4301. or
4303. of the Revised Code that
suspends,
revokes, or cancels a permit issued under Chapter 4303.
of the Revised Code,
or that allows the payment of a
forfeiture
under section 4301.252
of the Revised Code, shall terminate not
more than six months
after the date of the filing of the record of
the liquor control commission
with the clerk of the court
of
common pleas
and shall not be extended. The court of common
pleas, or the court of appeals
on appeal, shall render a judgment
in that matter within six months after the
date of the filing of
the record of the liquor control commission with the
clerk of the
court of common pleas. A court of appeals shall not issue an
order suspending the effect of an order of the liquor control
commission that
extends beyond six months after the date on which
the record of the liquor
control commission is filed with a court
of common pleas.
Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the state medical board or state chiropractic
board
that limits, revokes, suspends, places on probation, or
refuses to
register or reinstate a certificate issued by the
board or
reprimands the holder of such a certificate shall
terminate not
more than fifteen months after the date of the
filing of a notice
of appeal in the court of common pleas, or
upon the rendering of a
final decision or order in the appeal by
the court of common
pleas, whichever occurs first.
Within thirty days after receipt of a notice of appeal from
an order in any case in which a hearing is required by sections
119.01 to 119.13 of the Revised Code, the agency shall prepare
and
certify to the court a complete record of the proceedings in
the
case. Failure of the agency to comply within the time
allowed,
upon motion, shall cause the court to enter a finding in
favor of
the party adversely affected. Additional time, however,
may be
granted by the court, not to exceed thirty days, when it
is shown
that the agency has made substantial effort to comply.
Such
record shall be prepared and transcribed and the expense of
it
shall be taxed as a part of the costs on the appeal. The
appellant shall provide security for costs satisfactory to the
court of common pleas. Upon demand by any interested party, the
agency shall furnish at the cost of the party requesting it a
copy
of the stenographic report of testimony offered and evidence
submitted at any hearing and a copy of the complete record.
Notwithstanding any other provision of this section, any
party desiring to appeal an order or decision of the state
personnel board of review shall, at the time of filing a notice
of
appeal with the board, provide a security deposit in an amount
and
manner prescribed in rules that the board shall adopt in
accordance with this chapter. In addition, the board is not
required to prepare or transcribe the record of any of its
proceedings unless the appellant has provided the deposit
described above. The failure of the board to prepare or
transcribe a record for an appellant who has not provided a
security deposit shall not cause a court to enter a finding
adverse to the board.
Unless otherwise provided by law, in the hearing of the
appeal, the court is confined to the record as certified to it by
the agency. Unless otherwise provided by law, the court may
grant
a request for the admission of additional evidence when
satisfied
that such additional evidence is newly discovered and
could not
with reasonable diligence have been ascertained prior
to the
hearing before the agency.
The court shall conduct a hearing on such appeal and shall
give preference to all proceedings under sections 119.01 to
119.13
of the Revised Code, over all other civil cases,
irrespective of
the position of the proceedings on the calendar
of the court. An
appeal from an order of the state medical board
issued pursuant to
division (G) of either
section 4730.25 or 4731.22 of the Revised
Code, or the state
chiropractic board issued pursuant to section
4734.37 of the Revised Code, or the liquor control commission
issued
pursuant to Chapter 4301. or 4303. of the Revised Code
shall be set down for
hearing at the earliest possible time and
takes precedence over
all other actions. The hearing in the court
of common pleas
shall proceed as in the trial of a civil action,
and the court
shall determine the rights of the parties in
accordance with the
laws applicable to such action. At such
hearing, counsel may be
heard on oral argument, briefs may be
submitted, and evidence
introduced if the court has granted a
request for the
presentation of additional evidence.
The court may affirm the order of the agency complained of
in
the appeal if it finds, upon consideration of the entire
record
and such additional evidence as the court has admitted,
that the
order is supported by reliable, probative, and
substantial
evidence and is in accordance with law. In the
absence of such a
finding, it may reverse, vacate, or modify the
order or make such
other ruling as is supported by reliable,
probative, and
substantial evidence and is in accordance with
law. The court
shall award compensation for fees in accordance
with section
2335.39 of the Revised Code to a prevailing party,
other than an
agency, in an appeal filed pursuant to this
section.
The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal. Such appeals
may
be taken either by the party or the agency, shall proceed as
in
the case of appeals in civil actions, and shall be pursuant to
the
Rules of Appellate Procedure and, to the extent not in
conflict
with those rules, Chapter 2505. of the Revised Code.
Such appeal
by the agency shall be taken on questions of law
relating to the
constitutionality, construction, or
interpretation of statutes and
rules of the agency, and in such
appeal the court may also review
and determine the correctness of
the judgment of the court of
common pleas that the order of the
agency is not supported by any
reliable, probative, and
substantial evidence in the entire
record.
The court shall certify its judgment to such agency or take
such other action necessary to give its judgment effect.
Sec. 120.06. (A)(1) The state public defender, when
designated by the court or requested by a county public defender
or joint county public defender, may provide legal representation
in all courts throughout the state to indigent adults and
juveniles who are charged with the commission of an offense or
act
for which the penalty or any possible adjudication includes
the
potential loss of liberty.
(2) The state public defender may provide legal
representation to any indigent person who, while incarcerated in
any state correctional institution, is charged with a felony
offense,
for which the penalty or any possible adjudication that
may be
imposed by a court upon conviction includes the potential
loss of
liberty.
(3) The state public defender may provide legal
representation to any person incarcerated in any correctional
institution of the state, in any matter in which the person
asserts the person is unlawfully imprisoned or detained.
(4) The state public defender, in any case in which the
state
public defender has provided legal representation or is
requested to do so by
a county public defender or joint county
public defender, may
provide legal representation on appeal.
(5) The state public defender, when designated by the
court
or requested by a county public defender, joint county
public
defender, or the director of rehabilitation and
correction, shall
provide legal representation in parole and
probation revocation
matters, unless the state public defender
finds that the alleged
parole or probation violator has the
financial capacity to retain
the alleged violator's own
counsel.
(6) If the state public defender contracts with a county
public defender commission, a joint county public defender
commission, or a board of county commissioners for the provision
of services, under authority of division (C)(7) of section 120.04
of the Revised Code, the state public defender shall provide
legal
representation in accordance with the contract.
(B) The state public defender shall not be required to
prosecute any appeal, postconviction remedy, or other proceeding
pursuant to division (A)(3), (4), or (5) of this section, unless
the state public defender first is satisfied that there is
arguable merit to the proceeding.
(C) A court may appoint counsel or allow an indigent
person
to select the indigent's own personal counsel to assist the state
public defender as co-counsel when the interests of justice so
require. When co-counsel is appointed to assist the state public
defender, the co-counsel shall receive any compensation that the
court may approve, not to exceed the amounts provided for in
section 2941.51 of the Revised Code.
(D) When the state public defender is designated by the
court or requested by a county public defender or joint county
public defender to provide legal representation for an indigent
person in any case, other than pursuant to a contract entered
into
under authority of division (C)(7) of section 120.04 of the
Revised Code, the state public defender shall send to the county
in which the case is filed an itemized bill for fifty per cent of
the actual cost of the representation. The county, upon receipt
of an itemized bill from the state public defender pursuant to
this division, shall pay fifty per cent of the actual cost of the
legal representation as set forth in the itemized bill. There is
hereby created in the state treasury the county representation
fund for the deposit of moneys received from counties under this
division. All moneys credited to the fund shall be used by the
state public defender to provide legal representation for
indigent
persons when designated by the court or requested by a
county or
joint county public defender.
(E)(1) Notwithstanding any contrary provision of sections
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised
Code
that pertains to representation by the attorney general, an
assistant attorney general, or special counsel of an officer or
employee, as defined in section 109.36 of the Revised Code, or of
an entity of state government, the state public defender may
elect
to contract with, and to have the state pay pursuant to
division
(E)(2) of this section for the services of, private
legal counsel
to represent the Ohio public defender commission,
the state public
defender, assistant state public defenders,
other employees of the
commission or the state public defender,
and attorneys described
in division (C) of section 120.41 of the
Revised Code in a
malpractice or other civil action or proceeding
that arises from
alleged actions or omissions related to
responsibilities derived
pursuant to this chapter, or in a civil
action that is based upon
alleged violations of the constitution
or statutes of the United
States, including section 1983 of Title
42 of the United States
Code, 93 Stat. 1284 (1979), 42 U.S.C.A.
1983, as amended, and that
arises from alleged actions or
omissions related to
responsibilities derived pursuant to this
chapter, if the state
public defender determines, in good faith,
that the defendant in
the civil action or proceeding did not act
manifestly outside the
scope of the defendant's employment or official
responsibilities,
with malicious purpose, in bad faith, or in a
wanton or reckless
manner. If the state public defender elects
not to contract
pursuant to this division for private legal
counsel in a civil
action or proceeding, then, in accordance with
sections 109.02,
109.07, 109.361 to 109.366, and 120.03 of the
Revised Code, the
attorney general shall represent or provide for
the representation
of the Ohio public defender commission, the
state public defender,
assistant state public defenders, other
employees of the
commission or the state public defender, or
attorneys described in
division (C) of section 120.41 of the
Revised Code in the civil
action or proceeding.
(2)(a) Subject to division (E)(2)(b) of this section,
payment from the state treasury for the services of private legal
counsel with whom the state public defender has contracted
pursuant to division (E)(1) of this section shall be accomplished
only through the following procedure:
(i) The private legal counsel shall file with the attorney
general a copy of the contract; a request for an award of legal
fees, court costs, and expenses earned or incurred in connection
with the defense of the Ohio public defender commission, the
state
public defender, an assistant state public defender, an
employee,
or an attorney in a specified civil action or
proceeding; a
written itemization of those fees, costs, and
expenses, including
the signature of the state public defender
and the state public
defender's attestation that the fees,
costs, and expenses were
earned or incurred pursuant to division (E)(1) of this section to
the best of the state public defender's knowledge and
information;
a written statement
whether the fees, costs, and expenses are for
all legal services
to be rendered in connection with that defense,
are only for
legal services rendered to the date of the request
and additional
legal services likely will have to be provided in
connection with
that defense, or are for the final legal services
rendered in
connection with that defense; a written statement
indicating
whether the private legal counsel previously submitted
a request
for an award under division (E)(2) of this section in
connection
with that defense and, if so, the date and the amount
of each
award granted; and, if the fees, costs, and expenses are
for all
legal services to be rendered in connection with that
defense or
are for the final legal services rendered in connection
with that
defense, a certified copy of any judgment entry in the
civil
action or proceeding or a signed copy of any settlement
agreement
entered into between the parties to the civil action or
proceeding.
(ii) Upon receipt of a request for an award of legal fees,
court costs, and expenses and the requisite supportive
documentation described in division (E)(2)(a)(i) of this section,
the attorney general shall review the request and documentation;
determine whether any of the limitations specified in division
(E)(2)(b) of this section apply to the request; and, if an award
of legal fees, court costs, or expenses is permissible after
applying the limitations, prepare a document awarding legal fees,
court costs, or expenses to the private legal counsel. The
document shall name the private legal counsel as the recipient of
the award; specify the total amount of the award as determined by
the attorney general; itemize the portions of the award that
represent legal fees, court costs, and expenses; specify any
limitation applied pursuant to division (E)(2)(b) of this section
to reduce the amount of the award sought by the private legal
counsel; state that the award is payable from the state treasury
pursuant to division (E)(2)(a)(iii) of this section; and be
approved by the inclusion of the signatures of the attorney
general, the state public defender, and the private legal
counsel.
(iii) The attorney general shall forward a copy of the
document prepared pursuant to division (E)(2)(a)(ii) of this
section to the director of budget and management. The award of
legal fees,
court costs, or expenses shall be paid out of the
state public defender's
appropriations, to the extent there is a
sufficient available balance in those
appropriations. If the
state public defender does not have a sufficient
available balance
in the state public defender's appropriations to pay the
entire
award of legal fees, court costs, or expenses, the director
shall
make application for a transfer of appropriations
out of the
emergency purposes
account or any other appropriation for
emergencies or
contingencies in an amount equal to the portion of
the
award that exceeds the sufficient available balance in the
state public
defender's appropriations. A transfer of
appropriations out of
the emergency
purposes account or any other
appropriation for emergencies or contingencies shall be
authorized
if there are sufficient moneys greater than the sum
total of then
pending emergency purposes account requests, or
requests for
releases from the other appropriation. If
a transfer of
appropriations out of
the emergency purposes account or
other
appropriation for emergencies or contingencies is made to pay
an
amount equal to the portion of the
award that exceeds the
sufficient available balance in the state public
defender's
appropriations, the director shall cause the payment
to
be made
to
the private legal counsel. If sufficient moneys do not exist
in
the emergency purposes account or other appropriation for
emergencies or contingencies to pay an amount equal to the portion
of
the award that exceeds the sufficient available balance in the
state public
defender's appropriations, the private legal
counsel
shall request the general assembly to make an
appropriation
sufficient to pay an amount equal to the portion of the
award that
exceeds the sufficient available balance in the state public
defender's appropriations, and no payment in that amount shall
be
made until the appropriation has been made. The private legal
counsel shall make the request during the current biennium and
during each succeeding biennium until a sufficient appropriation
is made.
(b) An award of legal fees, court costs, and expenses
pursuant to division (E) of this section is subject to the
following limitations:
(i) The maximum award or maximum aggregate of a series of
awards of legal fees, court costs, and expenses to the private
legal counsel in connection with the defense of the Ohio public
defender commission, the state public defender, an assistant
state
public defender, an employee, or an attorney in a specified
civil
action or proceeding shall not exceed fifty thousand
dollars.
(ii) The private legal counsel shall not be awarded legal
fees, court costs, or expenses to the extent the fees, costs, or
expenses are covered by a policy of malpractice or other
insurance.
(iii) The private legal counsel shall be awarded legal
fees
and expenses only to the extent that the fees and expenses
are
reasonable in light of the legal services rendered by the
private
legal counsel in connection with the defense of the Ohio
public
defender commission, the state public defender, an
assistant state
public defender, an employee, or an attorney in a
specified civil
action or proceeding.
(c) If, pursuant to division (E)(2)(a) of this section,
the
attorney general denies a request for an award of legal fees,
court costs, or expenses to private legal counsel because of the
application of a limitation specified in division (E)(2)(b) of
this section, the attorney general shall notify the private
legal
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a
private legal counsel receives a denial of an award notification
or if a private legal counsel refuses to approve a document under
division (E)(2)(a)(ii) of this section because of the proposed
application of a limitation specified in division (E)(2)(b) of
this section, the private legal counsel may commence a civil
action against the attorney general in the court of claims to
prove the private legal counsel's entitlement to the award
sought,
to prove that division
(E)(2)(b) of this section does not prohibit
or otherwise limit
the award sought, and to recover a judgment for
the amount of the
award sought. A civil action under division
(E)(2)(d) of this
section shall be commenced no later than two
years after receipt
of a denial of award notification or, if the
private legal
counsel refused to approve a document under division
(E)(2)(a)(ii) of this section because of the proposed application
of a limitation specified in division (E)(2)(b) of this section,
no later than two years after the refusal. Any judgment of the
court of claims in favor of the private legal counsel shall be
paid from the state treasury in accordance with division
(E)(2)(a)
of this section.
(F) If a court appoints the office of
the state public
defender to represent a petitioner in a
postconviction relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
state public defender, the state public defender, or
another
attorney, shall be certified under Rule
65
20 of the Rules
of
Superintendence for
Common Pleas
the Courts
of Ohio to
represent indigent defendants charged with or convicted of an
offense for
which the death penalty can be or has been imposed.
Sec. 120.16. (A)(1) The county public defender shall
provide legal representation to indigent adults and juveniles who
are charged with the commission of an offense or act that is a
violation of a state statute and for which the penalty or any
possible adjudication includes the potential loss of liberty and
in postconviction proceedings as defined in this section.
(2) The county public defender may provide legal
representation to indigent adults and juveniles charged with the
violation of an ordinance of a municipal corporation for which
the
penalty or any possible adjudication includes the potential
loss
of liberty, if the county public defender commission has
contracted with the municipal corporation to provide legal
representation for indigent persons charged with a violation of
an
ordinance of the municipal corporation.
(B) The county public defender shall provide the legal
representation authorized by division (A) of this section at
every
stage of the proceedings following arrest, detention,
service of
summons, or indictment.
(C) The county public defender may request the state
public
defender to prosecute any appeal or other remedy before or
after
conviction that the county public defender decides is
in the
interests of justice,
and may provide legal representation in
parole and probation
revocation matters.
(D) The county public defender shall not be required to
prosecute any appeal, postconviction remedy, or other proceeding,
unless the county public defender is first satisfied there is
arguable merit to the proceeding.
(E) Nothing in this section shall prevent a court from
appointing counsel other than the county public defender or from
allowing an indigent person to select the indigent person's
own
personal counsel to represent the indigent person. A court may
also
appoint counsel or allow an indigent person to select the
indigent person's
own personal counsel to assist the county public
defender as co-counsel when
the interests of justice so require.
(F) Information as to the right to legal representation by
the county public defender or assigned counsel shall be afforded
to an accused person immediately upon arrest, when brought before
a magistrate, or when formally charged, whichever occurs first.
(G) If a court appoints the office of
the county public
defender to represent a petitioner in a
postconviction relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
county public defender or the county public defender,
shall be
certified under Rule
65
20 of the Rules of
Superintendence for
Common Pleas
the Courts
of Ohio to represent
indigent
defendants charged with or convicted of an offense for
which the
death penalty can be or has been imposed.
Sec. 120.26. (A)(1) The joint county public defender
shall
provide legal representation to indigent adults and
juveniles who
are charged with the commission of an offense or
act that is a
violation of a state statute and for which the
penalty or any
possible adjudication includes the potential loss
of liberty and
in postconviction proceedings as defined in this
section.
(2) The joint county public defender may provide legal
representation to indigent adults and juveniles charged with the
violation of an ordinance of a municipal corporation for which
the
penalty or any possible adjudication includes the potential
loss
of liberty, if the joint county public defender commission
has
contracted with the municipal corporation to provide legal
representation for indigent persons charged with a violation of
an
ordinance of the municipal corporation.
(B) The joint county public defender shall provide the
legal
representation authorized by division (A) of this section
at every
stage of the proceedings following arrest, detention,
service of
summons, or indictment.
(C) The joint county public defender may request the Ohio
public defender to prosecute any appeal or other remedy before or
after conviction that the joint county public defender
decides is
in the interests of justice and may provide legal representation
in
parole and probation revocation matters.
(D) The joint county public defender shall not be required
to prosecute any appeal, postconviction remedy, or other
proceeding, unless the joint county public defender is first
satisfied that there is arguable merit to the proceeding.
(E) Nothing in this section shall prevent a court from
appointing counsel other than the joint county public defender or
from allowing an indigent person to select the indigent
person's
own personal counsel to represent the indigent person. A court
may
also appoint counsel or allow an indigent person to select the
indigent
person's own personal counsel to assist the joint county
public defender as
co-counsel when the interests of justice so
require.
(F) Information as to the right to legal representation by
the joint county public defender or assigned counsel shall be
afforded to an accused person immediately upon arrest, when
brought before a magistrate, or when formally charged, whichever
occurs first.
(G) If a court appoints the office of
the joint county
public defender to represent a petitioner in a
postconviction
relief proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
joint county defender or the joint county public
defender, shall
be certified under Rule
65
20 of the Rules of
Superintendence for
Common Pleas
the Courts
of Ohio to represent
indigent defendants charged with or convicted of an
offense for
which the death penalty can be or has been imposed.
Sec. 120.33. (A) In lieu of using a county public
defender
or joint county public defender to represent indigent
persons in
the proceedings set forth in division (A) of section
120.16 of the
Revised Code, the board of county commissioners of
any county may
adopt a resolution to pay counsel who are either
personally
selected by the indigent person or appointed by the
court. The
resolution shall include those provisions the board
of county
commissioners considers necessary to provide effective
representation of indigent persons in any proceeding for which
counsel is provided under this section. The resolution shall
include provisions for contracts with any municipal corporation
under which the municipal corporation shall reimburse the county
for counsel appointed to represent indigent persons charged with
violations of the ordinances of the municipal corporation.
(1) In a county that adopts a resolution to pay counsel,
an
indigent person shall have the right to do either of the
following:
(a) To select the person's own personal counsel to represent
the person in
any proceeding included within the provisions of the
resolution;
(b) To request the court to appoint counsel to represent
the
person in such a proceeding.
(2) The court having jurisdiction over the proceeding in a
county that adopts a resolution to pay counsel shall, after
determining that the person is indigent and entitled to legal
representation under this section, do either of the following:
(a) By signed journal entry recorded on its docket, enter
the name of the lawyer selected by the indigent person as counsel
of record;
(b) Appoint counsel for the indigent person if the person
has requested the court to appoint counsel and, by signed journal
entry recorded on its dockets, enter the name of the lawyer
appointed for the indigent person as counsel of record.
(3) The board of county commissioners shall establish a
schedule of fees by case or on an hourly basis to be paid to
counsel for legal services provided pursuant to a resolution
adopted under this section. Prior to establishing the schedule,
the board of county commissioners shall request the bar
association or associations of the county to submit a proposed
schedule. The schedule submitted shall be subject to the review,
amendment, and approval of the board of county commissioners.
(4) Counsel selected by the indigent person or appointed
by
the court at the request of an indigent person in a county
that
adopts a resolution to pay counsel, except for counsel
appointed
to represent a person charged with any violation of an
ordinance
of a municipal corporation that has not contracted with
the county
commissioners for the payment of appointed counsel,
shall be paid
by the county and shall receive the compensation
and expenses the
court approves. Each request for payment shall
be accompanied by
a financial disclosure form and an affidavit of
indigency that are
completed by the
indigent person on forms prescribed by the state
public defender.
Compensation and expenses shall not exceed the
amounts fixed by
the board of county commissioners in the schedule
adopted
pursuant to division (A)(3) of this section. No court
shall
approve compensation and expenses that exceed the amount
fixed
pursuant to division (A)(3) of this section.
The fees and expenses approved by the court shall not be
taxed as part of the costs and shall be paid by the county.
However, if the person represented has, or may reasonably be
expected to have, the means to meet some part of the cost of the
services rendered to the person, the person shall pay
the county
an
amount that the person reasonably can be expected to pay.
Pursuant to section 120.04 of the Revised Code, the county shall
pay to the
state public defender a percentage of the
payment
received from the
person in an amount
proportionate to the
percentage of the costs of the person's case
that were paid to the
county by the state public defender
pursuant to this section. The
money paid to the state public
defender shall be credited to the
client payment
fund created pursuant to division (B)(5) of section
120.04 of the
Revised Code.
The county auditor shall draw a warrant on the county
treasurer for the payment of counsel in the amount fixed by the
court, plus the expenses the court fixes and certifies to the
auditor. The county auditor shall report periodically, but not
less than annually, to the board of county commissioners and to
the Ohio public defender commission the amounts paid out pursuant
to the approval of the court. The board of county commissioners,
after review and approval of the auditor's report, may then
certify it to the state public defender for reimbursement. If a
request for reimbursement is not accompanied by a financial
disclosure form
and an affidavit of
indigency completed by the
indigent person on forms prescribed by
the state public defender,
the state public defender shall not
pay the requested
reimbursement. If a request for the
reimbursement of the cost of
counsel in any case is not received
by the state public defender
within ninety days after the end of
the calendar month in which
the case is finally disposed of by
the court, unless the county
has requested and the state public
defender has granted an
extension of the ninety-day limit, the
state public defender shall
not pay the requested reimbursement.
The state public defender
shall also review the report and, in
accordance with the
standards, guidelines, and maximums
established pursuant to
divisions (B)(7) and (8) of section
120.04 of the Revised Code,
prepare a voucher for fifty per cent
of the total cost of each
county appointed counsel system in the
period of time covered by
the certified report and a voucher for
fifty per cent of the costs
and expenses that are reimbursable
under section 120.35 of the
Revised Code, if any, or, if the
amount of money appropriated by
the general assembly to reimburse
counties for the operation of
county public defender offices,
joint county public defender
offices, and county appointed
counsel systems is not sufficient to
pay fifty per cent of the
total cost of all of the offices and
systems other than costs and
expenses that are reimbursable under
section 120.35 of the
Revised Code, for the lesser amount required
by section 120.34 of
the Revised Code.
(5) If any county appointed counsel system fails to
maintain
the standards for the conduct of the system established
by the
rules of the Ohio public defender commission pursuant to
divisions
(B) and (C) of section 120.03 or the standards
established by the
state public defender pursuant to division
(B)(7) of section
120.04 of the Revised Code, the Ohio public
defender commission
shall notify the board of county
commissioners of the county that
the county appointed counsel
system has failed to comply with its
rules or the standards of
the state public defender. Unless the
board of county
commissioners corrects the conduct of its
appointed counsel
system to comply with the rules and standards
within ninety days
after the date of the notice, the state public
defender may deny all or part
of the county's reimbursement
from
the state provided for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint
county public defender to represent indigent persons in the
proceedings set forth in division (A) of section 120.16 of the
Revised Code, and in lieu of adopting the resolution and
following
the procedure described in division (A) of this
section, the board
of county commissioners of any county may
contract with the state
public defender for the state public
defender's legal
representation of indigent persons. A contract entered into
pursuant to this division may provide for payment for the
services
provided on a per case, hourly, or fixed contract basis.
(C) If a court appoints an attorney pursuant to this section
to represent a
petitioner in a postconviction relief proceeding
under section 2953.21 of the
Revised Code, the petitioner has
received a sentence of death, and the
proceeding relates to that
sentence, the attorney who represents the petitioner in the
proceeding pursuant to the appointment shall be certified under
Rule
65
20 of the Rules of Superintendence for
Common Pleas
the
Courts
of Ohio to represent indigent
defendants charged with or
convicted of an offense for which the
death penalty can be or has
been imposed.
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
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Commissioner of securities; |
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Superintendent of real estate and professional licensing; |
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Superintendent of financial institutions; |
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Fire marshal; |
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Superintendent of labor and worker safety; |
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Beginning on July 1, 1997, |
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Superintendent of liquor control; |
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Superintendent of industrial compliance. |
In the department of administrative services:
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State architect and engineer; |
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Equal employment opportunity coordinator. |
In the department of agriculture:
Chiefs of divisions as follows:
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Administration; |
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Animal industry; |
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Dairy; |
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Food safety; |
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Plant industry; |
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Markets; |
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Meat inspection; |
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Consumer analytical laboratory; |
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Amusement ride safety; |
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Enforcement; |
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Weights and measures. |
In the department of natural resources:
Chiefs of divisions as follows:
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Water; |
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Mineral resources management; |
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Forestry; |
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Natural areas and preserves; |
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Wildlife; |
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Geological survey; |
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Parks and recreation; |
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Watercraft; |
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Recycling and litter prevention; |
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Civilian conservation; |
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Soil and water conservation; |
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Real estate and land management; |
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Engineering. |
In the department of insurance:
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Deputy superintendent of insurance; |
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Assistant superintendent of insurance, technical; |
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Assistant superintendent of insurance,
administrative; |
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Assistant superintendent of insurance, research. |
Sec. 121.371. There is hereby created the wellness
block
grant program. The Ohio family
and children first cabinet council
shall oversee the program,
and the children's trust fund board,
created by section 3109.15 of the
Revised Code, shall
serve as the
program's administrative agent. The board and the cabinet
council
and shall establish guidelines
and objectives for
operating the
wellness block grant
program.
A representative of the family and
children first cabinet council
and the chairperson of the
children's trust fund board shall resolve any
disagreements
concerning the duties of the council and the board under this
section
The department of job and family services shall serve as
the program's administrative agent.
The children's trust fund board may accept gifts,
donations,
grants, or other moneys for the wellness block grant
program from
any source. The board shall use the funds received to make block
grants to county family and children first councils.
The amount
of funds for the wellness program to be
granted
allocated to each
county
council
department of job and family services shall be
determined by
the board and the cabinet council.
To cover
administrative expenses, the board may use in each state fiscal
year an amount not to exceed one per cent of the total amount
available for the program in that year.
County
councils
departments of job and family services shall
use the funds
they receive through
allocated for the
wellness
block grants
program to fund community-based programs of
prevention services that address issues of broad social concern,
as determined by the cabinet council
and the board, and to fund
state-directed training, evaluation, and education programs
pertaining to the issues being addressed.
Each county council
shall submit to the board a program and fiscal plan that
outlines
its proposal for expenditure of its block grant
and shall, after
consulting with the board of
county commissioners, designate a
fiscal agent to receive the block grant.
As requested by the board on behalf of the cabinet
council,
each county council shall submit program and fiscal
accountings
regarding the use of its block grant. The
board and
the cabinet
council shall establish criteria for assessing a
county
council's
department's progress in achieving the
goals
objectives of the
wellness
block grant program. If a county
council
department of
job and family services does not
operate in accordance with the
program guidelines and criteria established by
the board and the
cabinet council,
the board and the cabinet council may
revise
the
allocation of funds that the county
council
department of job and
family services receives.
The board shall prepare an annual report detailing the
results of the program. The report shall be submitted to the
governor, the president and minority leader of the senate, and the
speaker and minority leader of the
house of representatives.
Sec. 121.40. (A) There is hereby created the
governor's
Ohio community
service council consisting of twenty-one members
including the superintendent of public instruction or the
superintendent's designee, the chancellor of the Ohio board of
regents or
the chancellor's designee, the director of natural
resources
or the director's designee, the director of youth
services
or the director's designee, the director of aging or
the
director's designee, the director of job and family
services or
the director's designee, the
chairperson of the committee of the
house of representatives dealing
with education or the
chairperson's designee, the
chairperson of the committee of the
senate dealing with
education or the chairperson's designee, and
thirteen
members who
shall be appointed by the governor with the
advice
and consent of the senate and who shall serve terms of
office of three years.
The appointees shall include educators,
including teachers and administrators;
representatives of youth
organizations; students and parents; representatives
of
organizations engaged in volunteer program development and
management throughout the state, including youth and conservation
programs; and representatives of business, government, nonprofit
organizations, social service agencies, veterans organizations,
religious organizations, or philanthropies that support or
encourage volunteerism within the state. Members of the
council
shall receive no compensation, but shall be reimbursed for
actual
and necessary
expenses incurred in the performance of their
official duties.
(B) The council shall appoint an executive director for
the
council, who
shall be in the unclassified civil service. The
executive director shall
supervise the council's activities and
report to
the council on the
progress of those activities. The
executive director
shall do all things necessary for the efficient
and effective implementation
of the duties of the council.
The responsibilities assigned to the executive director do
not relieve the
members of the council from final responsibility
for the proper performance of
the requirements of this
division
section.
(C) The council or its
designee shall do
all of the
following:
(1) Employ, promote, supervise, and
remove all employees as
needed in connection with the performance of its
duties
under this
section and may assign duties to those employees as necessary to
achieve the most efficient performance of its functions, and to
that end may
establish, change, or abolish positions, and assign
and reassign duties and
responsibilities of any employee of the
council. Personnel employed by the
council who are subject to
Chapter 4117. of
the Revised
Code shall retain all of their rights
and
benefits conferred pursuant to that chapter. Nothing in this
chapter shall be
construed as eliminating or interfering with
Chapter 4117. of the
Revised Code
or the rights and benefits
conferred under that chapter to public employees or
to any
bargaining unit.
(2) Maintain its office in Columbus,
and may hold sessions
at any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to
house the
council, its employees, and files and records under its
control, and to
discharge any duty imposed upon it by law. The
expense of these acquisitions
shall be audited and paid for in the
same manner as other state expenses. For
that purpose, the
council shall prepare and submit to the office of budget and
management a budget for each biennium according to sections
101.532 and 107.03 of the Revised
Code. The budget submitted
shall cover the
costs of the council and its staff in the
discharge of any duty imposed upon
the council by law. The
council shall not delegate any authority to obligate
funds.
(4) Pay its own payroll and other operating expenses from
line items
designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing
authority. Any
transaction instructions shall be certified by the
appointing authority or its
designee.
(6) Establish the overall policy and management of the
council in
accordance with this chapter;
(7) Assist in coordinating and preparing the state
application for funds under sections 101 to 184 of the
"National
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42
U.S.C.A. 12411 to 12544,
and amendments thereto
as amended, assist
in administering and
overseeing the
"National and Community
Service Trust Act of 1993," P.L.
103-82, 107 Stat. 785, and the
americorps program in this state, and assist in
developing
objectives for a comprehensive strategy to encourage
and expand
community service programs throughout the state;
(8) Assist the state board of education, school districts,
the board of regents, and institutions of higher education in
coordinating community service education programs through
cooperative efforts between institutions and organizations in the
public and private sectors;
(9) Assist the departments of natural resources, youth
services, aging, and job and family services in
coordinating
community
service programs through cooperative efforts between
institutions
and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are
available to assist school districts, institutions of higher
education, and the departments of natural resources, youth
services, aging, and job and family services in the
establishment
of
community service programs and assist in investigating sources
of
funding for implementing
such
these programs;
(11) Assist in evaluating the state's efforts in providing
community service programs using standards and methods that are
consistent with any statewide objectives for
such
these programs
and
provide information to the state board of education, school
districts, the board of regents, institutions of higher
education,
and the departments of natural resources, youth
services, aging,
and job and family services to guide them
in making
decisions
about these programs;
(12) Assist the state board of education in complying with
section 3301.70 of the Revised Code and the board of regents in
complying with division (B)(2) of section 3333.043 of the Revised
Code.
(D) The department of aging shall serve as the council's
fiscal agent.
Beginning on July 1, 1997, whenever reference is
made in any law, contract, or
document to the functions of the
department of youth services as fiscal agent
to the council, the
reference shall be deemed to refer to the department of
aging.
The
department of aging shall have no
responsibility for or
obligation
to the council prior to July 1, 1997. Any validation,
cure,
right, privilege,
remedy, obligation, or liability shall be
retained by the council.
As used in this section,
"fiscal agent" means technical
support and includes
the following technical support services:
(1) Preparing and processing payroll and other personnel
documents that the
council executes as the appointing authority.
The department of aging shall
not approve any payroll or other
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account
balances, and
monitoring budgets and allotment plans in
consultation with the council.
The department shall not approve
any biennial budget, grant, expenditure,
audit, or fiscal-related
document.
(3) Performing other routine support services that the
director of aging or
the director's designee and the council or
its designee consider appropriate
to achieve efficiency.
(E) The council or its designee has the following authority
and
responsibility relative to fiscal matters:
(1) Sole authority to draw funds for any and all federal
programs in which
the council is authorized to participate;
(2) Sole authority to expend funds from their accounts for
programs and any
other necessary expenses the council may incur
and its subgrantees may incur;
(3) Responsibility to cooperate with and inform the
department of aging as
fiscal agent to ensure that the department
is fully apprised of all financial
transactions.
The council shall follow all state procurement requirements.
The department of aging shall determine fees to be charged to
the council,
which shall be in proportion to the services
performed for the council.
The council shall pay fees owed to the department of aging
from a general
revenue fund of the council or from any other fund
from which the operating
expenses of the council are paid. Any
amounts set aside for a fiscal year for
the payment of
such
these
fees shall be used only for the services performed for the
council
by the department of aging in that fiscal year.
Sec. 121.63. (A) Each executive agency lobbyist and each
employer shall file with the joint legislative ethics committee,
with
the updated registration statement required by
division (B)
of section 121.62 of the Revised Code, a statement
of expenditures
as specified in divisions (B) and (C) of this
section. An
executive agency lobbyist shall file a separate
statement of
expenditures under this section for each employer
that engages
him
the executive agency lobbyist.
(B)(1) In addition to the information required by
divisions
(B)(2) and (3) of this section, a statement filed by an
executive
agency lobbyist shall show the total amount of
expenditures made
during the reporting period covered by the
statement by the
executive agency lobbyist.
(2) If, during a reporting period covered by a statement, an
employer or any
executive agency lobbyist
he
the employer engaged
made, either
separately or in combination with each other,
expenditures to, at the
request of, for the benefit of, or on
behalf of a particular
elected executive official, the director of
a department created
under section 121.02 of the Revised Code, a
particular executive
agency official, or a particular member of
the staff of any
public officer listed in division (B)(2) of this
section, the
employer or executive agency lobbyist also shall
state the name
of the public officer or employee to whom, at whose
request, for
whose benefit, or on whose behalf the expenditures
were made, the
total amount of the expenditures made, a brief
description of the
expenditures made, the approximate date the
expenditures were
made, the executive agency decision, if any,
sought to be
influenced, and the identity of the client on whose
behalf the expenditure was
made.
As used in division (B)(2) of this section, "expenditures"
does not include
expenditures made by an executive agency lobbyist
as payment for meals and
other food and beverages.
(3) If, during a reporting period covered by a statement,
an
executive agency lobbyist made
expenditures as payment for meals
and other food and beverages, other than for
meals and other food
and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or
convention of a national organization to which
either
house of the general
assembly, any legislative agency, or any
other state agency
or any state institution of higher education as
defined in section 3345.031 of the Revised Code pays membership
dues, that, when added to the amount of previous payments made for
meals and
other food and beverages by that executive agency
lobbyist during that same
calendar year, exceeded a total of fifty
dollars to, at
the request of, for the benefit of, or on behalf of
a particular
elected executive official, the director of a
department created
under section 121.02 of the Revised Code, a
particular executive
agency official, or any particular member of
the staff of any of
the public officers or employees listed in
division (B)(3) of
this section, then the executive agency
lobbyist
shall also state regarding those expenditures the name
of
the public officer or employee to whom, at whose request, for
whose benefit, or on whose behalf the expenditures were made, the
total amount of the expenditures made, a brief description of the
expenditures made, the approximate date the expenditures were
made, the executive agency decision, if any, sought to be
influenced, and the identity of the client on whose behalf the
expenditure was
made.
(C) In addition to the information required by divisions
(B)(2) and (3) of this section, a statement filed by an employer
shall show the total amount of expenditures made by the employer
filing the statement during the period covered by the statement.
As used in this section, "expenditures" does not include the
expenses of maintaining office facilities, or the compensation
paid to executive agency lobbyists engaged to influence executive
agency decisions or conduct executive agency lobbying activity.
No employer shall be required to show any expenditure on a
statement filed under this division if the expenditure is
reported
on a statement filed under division (B)(1), (2), or (3)
of this
section by an executive agency lobbyist engaged by the
employer.
(D) Any statement required to be filed under this section
shall be filed at the times specified in section 121.62 of the
Revised Code. Each statement shall cover expenditures made
during
the four-calendar-month period that ended on the last day
of the
month immediately preceding the month in which the
statement is
required to be filed.
(E) If it is impractical or impossible for an executive
agency lobbyist or employer to determine exact dollar amounts or
values of expenditures, reporting of good faith estimates, based
on reasonable accounting procedures, constitutes compliance with
this division.
(F) Executive agency lobbyists and employers shall retain
receipts or maintain records for all expenditures that are
required to be reported pursuant to this section. These receipts
or records shall be maintained for a period ending on the
thirty-first day of December of the second calendar year after
the
year in which the expenditure was made.
(G)(1) At least ten days before the date on which the
statement is filed, each employer or executive agency lobbyist
who
is required to file an expenditure statement under division
(B)(2)
or (3) of this section shall deliver a copy of the
statement, or
the portion showing the expenditure, to the public
officer or
employee who is listed in the statement as having
received the
expenditure or on whose behalf it was made.
(2) If, during a reporting period covered by an expenditure
statement filed
under division (B)(2) of this section, an employer
or any executive agency
lobbyist
he
the employer engaged made,
either separately or in
combination with each other,
either
directly or indirectly, expenditures for an honorarium or for
transportation, lodging, or food and beverages purchased for
consumption on
the premises in which the food and beverages were
sold to, at the request of,
for the benefit or, or on behalf of
any of the public officers or employees
described in division
(B)(2) of this section, the employer or executive agency
lobbyist
shall deliver to the public officer or employee a statement that
contains all of the nondisputed information prescribed in division
(B)(2) of
this section with respect to the expenditures described
in division (G)(2) of
this section. The statement of expenditures
made under division (G)(2) of
this section shall be delivered to
the public officer or employee to whom, at
whose request, for
whose benefit, or on whose behalf those expenditures were
made on
the same day in which a copy of the expenditure statement or of a
portion showing the expenditure is delivered to the public officer
or employee
under division (G)(1) of this section. An employer is
not required to show
any expenditure on a statement delivered
under division (G)(2) of this section
if the expenditure is shown
on a statement delivered under division (G)(2) of
this section by
a legislative agent engaged by the employer.
Sec. 122.011. (A) The department of development shall
develop and promote plans and programs designed to assure that
state resources are efficiently used, economic growth is properly
balanced, community growth is developed in an orderly manner, and
local governments are coordinated with each other and the state,
and for such purposes may do all of the following:
(1) Serve as a clearinghouse for information, data, and
other materials that may be helpful or necessary to persons or
local governments, as provided in section 122.07 of the Revised
Code;
(2) Prepare and activate plans for the retention,
development, expansion, and use of the resources and commerce of
the state, as provided in section 122.04 of the Revised Code;
(3) Assist and cooperate with federal, state, and local
governments and agencies of federal, state, and local
governments
in the coordination of programs to carry out the functions and
duties of the department;
(4) Encourage and foster research and development
activities, conduct studies related to the solution of community
problems, and develop recommendations for administrative or
legislative actions, as provided in section 122.03 of the Revised
Code;
(5) Serve as the economic and community development
planning
agency, which shall prepare and recommend plans and
programs for
the orderly growth and development of this state and
which shall
provide planning assistance, as provided in section
122.06 of the
Revised Code;
(6) Cooperate with and provide technical assistance to
state
departments, political subdivisions, regional and local
planning
commissions, tourist associations, councils of
government,
community development groups, community action
agencies, and other
appropriate organizations for carrying out the
functions and
duties of the department or for the solution of
community
problems;
(7) Coordinate the activities of state agencies that have
an
impact on carrying out the functions and duties of the
department;
(8) Encourage and assist the efforts of and cooperate with
local governments to develop mutual and cooperative solutions to
their common problems that relate to carrying out the purposes of
this section;
(9) Study existing structure, operations, and financing of
regional or local government and those state activities that
involve significant relations with regional or local governmental
units, recommend to the governor and to the general assembly such
changes in these provisions and activities as will improve the
operations of regional or local government, and conduct other
studies of legal provisions that affect problems related to
carrying out the purposes of this section;
(10) Appoint, with the approval of the governor,
technical
and other advisory councils as it considers
appropriate, as
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community development
to develop and
administer programs and activities that are
authorized by federal statute or
the Revised Code;
(12) Until July 1, 2001, review, analyze, and
summarize
applications
and information regarding the family farm loan
program
forwarded to the department by a financial institution
pursuant
to section 901.81 of the
Revised
Code, and forward the
applications, information, analyses, and summaries to the director
of agriculture;
(13) Until July 1,
2001
2003,
establish fees and charges, in
consultation with the
director of agriculture, for purchasing
loans from financial institutions and
providing loan guarantees
under the family farm
loan program created under sections 901.80
to 901.83 of the Revised Code;
(14)(13) Provide loan servicing for the loans purchased and
loan guarantees
provided
under section 901.80 of the Revised Code
as that section
existed prior to July 1,
2001
2003;
(15)(14) Until July 1,
2001
2003,
and upon approval by the
controlling board under division
(A)(3) of section 901.82 of the
Revised
Code of the release of money to
be used for purchasing a
loan or providing a loan guarantee, request the
release of
that
money in accordance with division
(B) of section 166.03 of the
Revised
Code for use for the purposes
of the fund created by
section 166.031 of the
Revised Code.
(B) The department, by rule, shall establish criteria
defining nonprofit corporations that are eligible for appointment
as qualified agents pursuant to sections 135.81 to 135.88 of the
Revised Code. The criteria shall require that a corporation be
organized pursuant to Chapter 1702. of the Revised Code and have
as its primary purpose the promotion of economic development or
the creation or retention of jobs and job opportunities. The
criteria may include a specification as to the professional
qualifications of the corporation employees, a minimum elapsed
period of time since the corporation was organized, current and
former activities of the corporation, and such other criteria
reasonably related to the foregoing that relate to the ability of
the corporation to act as a qualified agent for the purposes of
sections
135.51
135.81 to 135.88 of the Revised Code.
(C) The director of development may request the attorney
general
to, and the attorney general, in accordance with section
109.02 of the Revised Code, shall
bring a civil action in any
court of competent jurisdiction. The director may
be sued in the
director's official capacity, in connection with this chapter,
in
accordance with Chapter 2743. of the Revised Code.
Sec. 122.60.
As used in sections 122.60 to 122.605 of the
Revised Code:
(A) "Capital access loan" means a loan made by a
participating
financial institution to an eligible business that
may be secured
by a deposit of money from the fund into the
participating
financial institution's program reserve account.
(B) "Department" means the department of development.
(C) "Eligible business" means a for-profit business entity
that had total annual sales in its most
recently completed
fiscal
year of less than ten million dollars
and
that has a principal
place of business within the state, the operation
of which, alone
or
in conjunction with other facilities, will
create new jobs or
preserve existing jobs and employment
opportunities and will
improve the economic welfare of the people of
the state. As used
in this division, "new jobs" does not include existing
jobs
transferred
from another facility within the state, and "existing
jobs" means
only existing jobs at facilities within the same
municipal corporation or township
in which the project, activity,
or enterprise
that is the subject of a capital access loan is
located.
(D) "Financial institution" means any bank, trust company,
savings
bank, or savings and loan association that is chartered
by
and has a significant presence in the state, or any national bank,
federal
savings
and loan association, or federal savings bank that
has a significant presence
in the
state.
(E) "Fund" means the capital access loan program fund.
(F) "Participating financial institution" means a financial
institution that has a valid, current participation agreement with
the
department.
(G) "Participation agreement" means the agreement between a
financial institution and the department under which a financial
institution may participate in the program.
(H) "Passive real estate ownership" means the ownership of
real
estate for the sole purpose of deriving income from it by
speculation, trade,
or
rental.
(I) "Program" means the capital access loan program created
under
section 122.602 of the Revised Code.
(J) "Program reserve account" means a dedicated account at
each
participating financial institution that is the property of
the state and may
be used by the participating financial
institution
only for the purpose of recovering a claim under
section 122.604 of the Revised Code arising from a
default
on a
loan made by the participating financial institution
under
the
program.
Sec. 122.601.
There is hereby created in the state treasury
the
capital access loan program fund. The fund shall consist of
money
deposited into it from the facilities establishment fund
pursuant
to section 166.03 of the Revised Code and all money
deposited into
it pursuant to section 122.602 of the Revised Code.
The total amount of money deposited into the fund from the
facilities establishment fund shall not exceed three million
dollars during any particular fiscal year of the department.
The department shall disburse money from the capital access
loan program fund only to pay
the
operating costs of the program
and only in keeping
with the purposes
specified in sections 122.60
to 122.605 of the Revised Code.
Sec. 122.602.
(A)
There is hereby created in the
department
of
development the capital access loan program to assist
participating financial
institutions in making program loans
to
eligible businesses that face barriers in accessing working
capital and obtaining fixed asset financing. In administering the
program, the
director of development may do any of the following:
(1) Receive and accept grants, gifts, and contributions of
money,
property, labor, and other things of value to be held,
used, and
applied only for the purpose for which the grants, gifts
and
contributions are made, from individuals, private and public
corporations, the United States or any agency of the
United
States, the state or any agency of the state, or any
political
subdivision of the state; agree to repay any
contribution of money
or return any property contributed or the
value of that property
at the times, in the amounts, and on the
terms and conditions,
excluding the payment of interest, that the
director consents to
at the time a contribution is made; and
evidence obligations by
notes, bonds, or other written
instruments;
(2) Adopt rules under Chapter 119. of the Revised Code to
carry out the
purposes of the
program specified in sections 122.60
to 122.605 of the Revised Code;
(3) Engage in all other acts, and enter into contracts and
execute
all instruments, necessary or appropriate to carry out the
purposes
specified in sections 122.60 to 122.605 of the Revised
Code.
(B) The director shall determine the eligibility of a
financial
institution to participate in the program and may set a
limit on
the number of financial institutions that may participate
in the
program.
(C) To be considered eligible by the director to participate
in
the
program, a financial institution shall enter into a
participation agreement
with the department that sets out the
terms and
conditions under which the department will deposit
moneys from the
fund into the financial institution's program
reserve account,
specifies the criteria for loan qualification
under the program, and contains
any
additional terms the director
considers necessary.
(D) After receiving the certification required under
division
(C) of section 122.603 of the Revised Code, the director
shall disburse moneys from
the fund to a
participating financial
institution for deposit in its program reserve account
if the
director
determines that the capital access loan involved meets
all of the following
criteria:
(1) It will be made to an eligible business.
(2) It will be used by the eligible business for a project,
activity, or enterprise in the state that fosters economic
development.
(3) It will not be made in order to enroll in the program
prior
debt that is not covered under the program and that is owed
or was
previously owed by an eligible business to the financial
institution.
(4) It will not be utilized for a project or development
related
to the on-site construction or purchase of residential
housing.
(5) It will not be used to finance passive real estate
ownership.
(6) It conforms to the requirements of divisions (E),
(F),
(G),
(H), and (I) of this section, and to the rules adopted by
the
director under division (A)(2) of this section.
(E) The director shall not approve a capital access loan to
an
eligible business
that exceeds two hundred fifty thousand
dollars for working capital or five
hundred thousand dollars for
the purchase of fixed assets. An
eligible business may apply for
the maximum
amount for both working
capital and the purchase of
fixed assets
in the same
capital access loan.
(F) A financial institution may apply to the director for
the approval of a capital access loan to any business
that
is
owned
or operated by a person that has previously
defaulted under
any state financial assistance program.
(G) Eligible businesses that apply for a capital access loan
shall comply with section 9.66 of the Revised Code.
(H) A financial institution may apply to the director for
the
approval of a capital access loan that refinances a nonprogram
loan made by
another financial institution.
(I) The director shall not approve a capital access loan
that
refinances a
nonprogram loan made by the same financial
institution, unless the amount of
the refinanced loan exceeds the
existing debt, in
which case only the amount exceeding the
existing debt is eligible
for a loan under the program.
Sec. 122.603.
(A)(1) Upon approval by the director of
development and after entering
into a participation agreement with
the department, a participating financial
institution making a
capital access
loan shall establish a program reserve account.
The
account shall
be an interest-bearing account and shall contain
only moneys deposited into it
under the program and the interest
payable on the moneys in the account.
(2) All interest payable on the moneys in the program
reserve account
shall be added to the moneys and held as an
additional
loss reserve. The director may require that a portion
or all of
the accrued interest so held in the account
be released
to the department. If the director causes a release of accrued
interest, the director shall deposit the released amount into the
fund. The director shall not
require the release of accrued
interest more than twice in
a
fiscal year.
(B) When a participating financial institution makes a
capital
access loan, it shall require
the eligible business to pay
to the participating financial institution a
fee in an amount that
is not less than one and one-half per cent,
and not more than
three per cent, of the principal amount of the
loan. The
participating financial institution
shall deposit the fee into its
program reserve account,
and it also shall deposit into the
account an amount of its own funds equal to the amount of the fee.
The
participating
financial institution may recover from the
eligible business all or part of
the amount that the participating
financial institution is
required to deposit into the account
under this division in any manner agreed
to by the
participating
financial institution and the eligible business.
(C) For each capital access loan made by a participating
financial institution,
the participating financial institution
shall certify to the director, within
a period specified by the
director, that the
participating financial institution has made
the loan. The certification shall include the amount of the loan,
the
amount of the fee received from the eligible business, the
amount of its own
funds that the
participating financial
institution deposited into its program
reserve account to reflect
that fee, and any other information specified by
the director.
(D) On receipt of a certification made under division
(C) of
this section and
subject to section 122.602 of the Revised Code,
the director shall
disburse to the participating financial
institution from the fund an amount
equal to ten per
cent of the
principal amount of
the particular capital access loan for deposit
into the participating
financial
institution's program reserve
account. The disbursement of moneys from the fund to a
participating financial institution does not require approval from
the controlling board.
(E) If the amount in a program reserve account exceeds an
amount
equal to thirty-three per cent of a participating financial
institution's
outstanding capital access loans, the
department may
cause the withdrawal of the excess amount and the deposit of
the
withdrawn amount into the fund.
(F)(1) The department may cause the withdrawal of the
total
amount
in a participating financial institution's program
reserve
account if any of the following
applies:
(a) The financial institution is no longer eligible to
participate
in the program.
(b) The participation agreement expires without renewal by
the
department or the financial institution.
(c) The financial institution has no outstanding
capital
access loans.
(d) The financial institution has not made a capital
access
loan within the preceding twenty-four months.
(2) If the department causes a withdrawal under division
(F)(1) of this section, the department shall deposit the withdrawn
amount into the fund.
Sec. 122.604.
(A) If a participating financial institution
determines that a portion or all of a capital access loan is
uncollectible,
it may submit a claim to the department for
approval of the
release of moneys from
its program reserve
account.
(B) The claim may include the amount of
principal plus
accrued interest owed. The amount of
principal
included in the
claim may not exceed the principal amount covered
by the program.
The amount of accrued interest included in the
claim may not
exceed the accrued interest attributable to the
covered principal
amount.
(C) The participating financial institution shall determine
the
timing and amount of delinquency on a capital access loan in a
manner
consistent with the participating financial institution's
normal method for making these determinations on similar
nonprogram loans.
(D) If the participating financial institution files two or
more
claims at the same time or approximately the same time and
there are
insufficient funds in its program
reserve account at
that time to cover the entire amount
of the claims, the
participating financial institution may
specify an order of
priority in which the department shall approve the release
of
funds from the account in relation to the claims.
(E) If subsequent to the payment of a claim, a participating
financial institution recovers from an eligible business any
amount covered by the paid claim, the participating
financial
institution shall promptly deposit the amount recovered
into its
program reserve account, less any reasonable expenses
incurred.
Sec. 122.605. Each participating financial institution shall
submit an annual report to the department on or before the
thirty-first day of March of each year. The report shall
include
or be accompanied by all of the following:
(A) Information regarding the participating financial
institution's outstanding capital access loans, its capital access
loan
losses, and other related matters that the
department
considers appropriate;
(B) A statement of the total amount of the participating
financial institution's capital access loans for which the
department has
made disbursements from the fund under the program;
(C) A copy of the participating financial institution's
most
recent financial statement.
Sec. 122.71. As used in sections 122.71 to 122.83 of
the
Revised Code:
(A)
"Financial institution" means any banking corporation,
trust company, insurance company, savings and loan association,
building and loan association, or corporation, partnership,
federal lending agency, foundation, or other institution engaged
in lending or investing funds for industrial or business
purposes.
(B)
"Project" means any real or personal property
connected
with or being a part of an industrial, distribution,
commercial,
or research facility to be acquired, constructed,
reconstructed,
enlarged, improved, furnished, or equipped, or any
combination
thereof, with the aid provided under sections 122.71
to 122.83 of
the Revised Code, for industrial,
commercial,
distribution, and
research development of the state.
(C)
"Mortgage" means the lien imposed on a project by a
mortgage on real property, or by financing statements on personal
property, or a combination of a mortgage and financing statements
when a project consists of both real and personal property.
(D)
"Mortgagor" means the principal user of a project or
the
person, corporation, partnership, or association
unconditionally
guaranteeing performance by the principal user of
its obligations
under the mortgage.
(E)(1)
"Minority business enterprise" means an individual
who
is a United States citizen and owns and controls a business,
or a
partnership, corporation, or joint venture of any kind that is
owned and controlled by United States citizens
who, which citizen
or citizens are
residents of
this state
or nonresidents of this
state who have a significant
presence in this state, and
who are
members of one of the following
economically
disadvantaged groups:
Blacks, American Indians, Hispanics, and
Orientals.
(2)
"Owned and controlled" means that at least fifty-one
per
cent of the business, including corporate stock if a
corporation,
is owned by persons who belong to one or more of the
groups set
forth in division (E)(1) of this section, and that
those owners
have control over the management and
day-to-day
operations of the
business and an interest in the capital,
assets, and profits and
losses of the business proportionate to
their percentage of
ownership. In order to qualify as a minority
business enterprise,
a business shall have been owned and
controlled by those persons
at least one year prior to
being
awarded a contract pursuant to
this section.
(F)
"Community improvement corporation" means a
corporation
organized under Chapter 1724. of the Revised Code.
(G)
"Ohio development corporation" means a corporation
organized under Chapter 1726. of the Revised Code.
(H)
"Minority contractors business assistance organization"
means an entity engaged in the provision of management and
technical business assistance to minority business enterprise
entrepreneurs.
(I)
"Minority business supplier development council" means a
nonprofit organization established as an affiliate of the national
minority supplier development council.
Sec. 122.76. (A) The director of development, with
controlling board
approval, may lend funds to minority business
enterprises and to community
improvement corporations
and, Ohio
development corporations, minority contractors business assistance
organizations, and minority business supplier development
councils for the purpose of
loaning funds to minority business
enterprises and for the
purpose of procuring or improving real or
personal property, or
both, for the establishment, location, or
expansion of
industrial, distribution, commercial, or research
facilities in
the state, if the director determines, in the
director's
sole discretion, that all of the following apply:
(1) The project is economically sound and will benefit the
people of the state by increasing opportunities for employment,
by
strengthening the economy of the state, or expanding minority
business enterprises;.
(2) The proposed minority business enterprise borrower is
unable to finance the proposed project through ordinary financial
channels at comparable terms;.
(3) The value of the project is, or, upon completion
thereof, will be, at least equal to the total amount of the money
expended in the procurement or improvement of the project, and
of
which amount one or more financial institutions or other
governmental entities have loaned not less than thirty per cent;
of that amount.
(4) The amount to be loaned by the director will not
exceed
sixty per cent of the total amount expended in the
procurement or
improvement of the project;.
(5) The amount to be loaned by the director will be
adequately secured by a first or second mortgage upon the
project,
or by mortgages, leases, liens, assignments, or pledges
on or of
other property or contracts as the director requires,
and
that
such mortgage will not be subordinate to any other liens or
mortgages
except the liens securing loans or investments made by
financial institutions
referred to
in division (A)(3) of this
section, and the liens securing loans previously
made by any
financial institution in connection with the procurement or
expansion of all or part of a project.
(B) Any proposed minority business enterprise
borrower
submitting an application for assistance under this section shall
not
have defaulted on a previous loan from the director, and no
full or limited
partner,
or major shareholder, or holder of an
equity interest of
the proposed minority business enterprise
borrower shall have defaulted
on a loan from the director;.
(C) The proposed minority business enterprise borrower
shall
demonstrate to the satisfaction of the director that it is
able to
successfully compete in the private sector if it obtains
the
necessary financial, technical, or managerial support and
that
support is available through the director, the minority
business
development office of the department of development, or
other
identified and acceptable sources. In determining whether
a
minority business enterprise borrower will be able to
successfully
compete, the director may give
consideration to such factors as
the successful completion of or
participation in courses of study,
recognized by the board of
regents as providing financial,
technical, or managerial skills
related to the operation of the
business, by the economically
disadvantaged individual, owner, or
partner, and the prior
success of the individual, owner, or
partner in personal, career,
or business activities, as well as to
other factors identified by
the director.
(D) The director shall not lend funds for the purpose of
procuring or improving motor vehicles, power-driven vehicles,
office
equipment, raw materials, small
tools, supplies,
inventories, or accounts receivable.
Sec. 122.92. There is hereby created in the department of
development a minority business development division. The
division shall do all of the following:
(A) Provide technical, managerial, and counseling services
and assistance to minority business enterprises;
(B) Provide procurement and bid packaging assistance to
minority business enterprises;
(C) Provide bonding technical assistance to minority
business enterprises;
(D) Participate with other state departments and agencies
as
appropriate in developing specific plans and specific program
goals for programs to assist in the establishment and development
of minority business enterprises and establish regular
performance
monitoring and reporting systems to ensure that those
goals are
being achieved;
(E) Implement state law and policy supporting minority
business enterprise development, and assist in the coordination
of
plans, programs, and operations of state government which
affect
or may contribute to the establishment, preservation, and
strengthening of minority business enterprises;
(F) Assist in the coordination of activities and resources
of state agencies and local governments, business and trade
associations, universities, foundations, professional
organizations, and volunteer and other groups, to promote the
growth of minority business enterprises;
(G) Establish a center for the development, collection,
and
dissemination of information that will be helpful to persons
in
establishing or expanding minority business enterprises in
this
state;
(H) Design, implement, and assist in experimental and
demonstration projects designed to overcome the special problems
of minority business enterprises;
(I) Coordinate reviews of all proposed state training and
technical assistance activities in direct support of minority
business enterprise programs to ensure consistency with program
goals and to preclude duplication of efforts by other state
agencies;
(J) Recommend appropriate legislative or executive actions
to enhance minority business
enterprise opportunities in the
state;
(K) Assist minority business enterprises in obtaining
governmental or commercial financing for business expansion,
establishment of new businesses, or industrial development
projects;
(L) Assist minority business enterprises in contract
procurement from government and commercial sources;
(M) Establish procedures to identify groups who have been
disadvantaged because of racial, cultural, or ethnic
circumstances
without regard to the individual qualities of the
members of the
group;
(N) Establish procedures to identify persons who have been
economically disadvantaged;
(O)
Provide grant assistance to nonprofit entities that
promote
economic development, development corporations, community
improvement corporations, and incubator business entities, if the
entities or corporations focus on business, technical, and
financial assistance to minority business enterprises to assist
the enterprises with fixed asset financing;
(P) Do all acts and things necessary or proper to carry
out
the powers expressly granted and duties imposed by sections
122.92
to 122.94 of the Revised Code.
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and
Chapter 145. of the Revised Code, the examinations of
applicants
for the positions of deputy mine inspector,
superintendent of
rescue stations, assistant superintendent of
rescue stations,
electrical inspectors, gas storage well
inspector, and mine
chemists in the division of
mineral resources management,
department of natural resources, as provided in
Chapters 1561.,
1563., 1565., and 1567. of
the Revised Code shall be provided for,
conducted, and administered by the
mine examining board created
by
section 1561.10 of the Revised Code
chief of the division of
mineral resources management.
From the returns of the examinations the
mine examining
board
chief shall prepare eligible lists of the persons whose general
average standing upon examinations for such grade or class is not
less than the minimum fixed by
the rules
of the board
adopted
under section 1561.05 of the Revised Code and
who
are otherwise
eligible. All appointments to a position
shall be made from such
eligible list in the same manner as
appointments are made from
eligible lists prepared by the
director of administrative
services. Any person upon being
appointed to fill one of the
positions provided for in this
section, from any such eligible
list, shall have the same
standing, rights, privileges, and status
as other state employees
in the classified service.
Sec. 124.82. (A) Except as provided in division (D) of
this
section, the department of administrative services, in
consultation with the superintendent of insurance, shall, in
accordance with competitive selection procedures of Chapter 125.
of the
Revised Code, contract with an insurance
company or a
health plan in combination with an
insurance company, authorized
to do business in this state, for
the issuance of a policy or
contract of health, medical,
hospital, dental, or surgical
benefits, or any combination
thereof
of those benefits, covering
state employees who are paid directly by
warrant of the auditor of
state, including elected state
officials. The department may
fulfill its obligation under this
division by exercising its
authority under division (A)(2) of
section 124.81 of the Revised
Code.
(B) The department may, in addition, in consultation with
the superintendent of insurance, negotiate and contract with
health insuring corporations holding a
certificate of authority
under Chapter 1751. of the
Revised Code, in their approved service
areas only, for
issuance of a contract or contracts of health care
services,
covering state employees who are paid directly by
warrant of the
auditor of state, including elected state
officials. Except for
health insuring corporations, no more than
one insurance carrier or
health plan shall be contracted with to
provide the
same
plan of benefits, provided that:
(1) The amount of the premium or cost for such coverage
contributed by the state, for an individual or for an individual
and the individual's family, does not exceed that same
amount of
the premium
or cost contributed by the state under division (A) of
this
section;
(2) The employee be permitted to exercise the option as to
which plan the employee will select under division (A) or (B)
of
this section, at a time that shall
be determined by the
department;
(3) The health insuring corporations do not refuse to accept
the
employee, or the
employee and the employee's family, if the
employee exercises the option to select
care provided by the
corporations;
(4) The employee may choose participation in only one of the
plans sponsored
by the department;
(5) The director of health examines and certifies to the
department that the quality and adequacy of care rendered by the
health insuring corporations meet at least the standards of care
provided
by hospitals
and physicians in that employee's community,
who would be providing
such care as would be covered by a contract
awarded under
division (A) of this section.
(C) All or any portion of the cost, premium, or charge for
the coverage in divisions (A) and (B) of this section may be paid
in such manner or combination of manners as the department
determines and may include the proration of health care costs,
premiums, or
charges for part-time employees.
(D) Notwithstanding division (A) of this section, the
department may provide benefits equivalent to those that may be
paid under a policy or contract issued by an insurance company or
a health plan pursuant to division (A) of this section.
(E) This section does not prohibit the state office of
collective bargaining from entering into an agreement with an
employee representative for the purposes of providing fringe
benefits, including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, prescription drugs, group life
insurance, sickness and accident insurance, group legal services
or other benefits, or any combination thereof, to employees paid
directly by warrant of the auditor of state through a jointly
administered trust fund. The employer's contribution for the
cost
of the benefit care shall be mutually agreed to in the
collectively bargained agreement. The amount, type, and
structure
of fringe benefits provided under this division is
subject to the
determination of the board of trustees of the
jointly administered
trust fund. Notwithstanding any other
provision of the Revised
Code, competitive bidding does not apply
to the purchase of fringe
benefits for employees under this
division when such benefits are
provided through a jointly
administered trust fund.
(F) Members of state boards and commissions who are members
of the public employees retirement system may be covered by any
policy, contract, or plan of benefits or services described in
division (A) or (B) of this section if they pay the entire amount
of the premiums, costs, or charges for that coverage.
Sec. 125.22. (A) The department of administrative
services
shall establish the central service agency to perform
routine
support for the following boards and commissions:
(1) State board of examiners of architects;
(3) State chiropractic board;
(4) State board of cosmetology;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and
athletic trainers board;
(9) State board of registration for professional
engineers
and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech pathology and audiology;
(15) Counselor and social worker board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board;
(20) Ohio commission on African-American males.
(B)(1) Notwithstanding any other section of the Revised
Code, the agency shall perform the following routine support
services for the boards and commissions named in division (A) of
this section unless the controlling board exempts a board or
commission from this requirement on the recommendation of the
director of administrative services:
(a) Preparing and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans
in
consultation with the boards and commissions;
(e)
Maintaining information required by section 3729.40 of
the Revised Code;
(f) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts.
(3) The agency may perform any service for any
professional
or occupational licensing board not named in
division (A) of this
section or any commission if the board or
commission requests such
service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to
the
boards and commissions, which shall be in proportion to the
services performed for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from
the agency shall pay these fees to the agency from the
general
revenue fund maintenance account of the board or
commission or
from such other fund as the operating expenses of
the board or
commission are paid. Any amounts set aside for a
fiscal year by a
board or commission to allow for the payment of
fees shall be used
only for the services performed by the agency
in that fiscal year.
All receipts collected by the agency shall
be deposited in the
state treasury to the credit of the central
service agency fund,
which is hereby created. All expenses
incurred by the agency in
performing services for the boards or
commissions shall be paid
from the fund.
(F) Nothing in this section shall be construed as a grant
of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 126.11. (A)(1) The director of budget and management
shall, upon consultation with
the treasurer of state, coordinate
and approve the scheduling of
initial sales of publicly
offered
securities of the state and of
publicly
offered fractionalized
interests in or securitized issues of public
obligations of the
state. The
director shall from time to time develop and
distribute to
state issuers an approved sale schedule for each of
the obligations covered by
this division
(A) or (B) of this
section.
This
division
Division (A) of this section
applies only
to
those obligations on which the state or a
state agency is the
direct obligor or obligor on any backup
security or related credit
enhancement facility or source of money
subject to state
appropriations that is intended for payment of
those obligations.
(2) The issuers of obligations pursuant to section 151.03,
151.04, 151.05,
or 151.07 or Chapter 152. of the Revised
Code
shall submit to the director:
(a) For review and approval: the projected sale date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; and the proposed
structure and maturity
schedule;
(b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations;
(c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director.
(3) The issuer of obligations pursuant to section 151.06 or
151.08 or
Chapter 154.
or 3318. of the Revised
Code shall submit
to the director:
(a) For review and mutual agreement: the projected
sale
date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; and the proposed
structure and maturity
schedule;
(b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations;
(c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director.
(4) The issuers of obligations pursuant to Chapter 166.,
4981.,
5540., or 6121., or section 5531.10, of the Revised Code
shall submit to the director:
(a) For review and comment: the projected sale date, amount,
and
type of obligations proposed to be sold; the purpose,
security, and
source of payment; and preliminary and final
offering documents;
(b) Promptly after each sale of those obligations: final
terms,
including a maturity schedule; names of the original
purchasers or
underwriters; a copy of the complete continuing
disclosure agreement pursuant to S.E.C. rule
15c2-12 or equivalent
rule as from time to time in effect;
and any other pertinent
information requested by the director.
(5) Not later than thirty days after
the end of a fiscal
year, each issuer of obligations subject to divisions (A)
and (B)
of this section shall submit to the director and to the treasurer
of
state a sale
plan for the then current fiscal year for each
type of obligation,
projecting the amount and term of each
issuance, the method of sale, and
the month of sale.
(B) Issuers of obligations
pursuant to
section 3318.085 or
Chapter
122., 166., 175.,
3345., 3347., 3366.,
3377., 3706.,
3737., 5537., 6121., or 6123.
of the Revised Code, and
issuers of
securities issued pursuant to
Chapter 165. of the Revised Code
other than a county or municipal corporation,
shall submit to the
director
copies of the preliminary and final offering documents
upon their
availability if not previously submitted pursuant to
division (A)
of this section.
(C) Not later than the first day of January of each year,
every
state agency obligated to make payments on outstanding
public
obligations with respect to which fractionalized interests
have been publicly
issued, such as certificates of participation,
shall submit a
report to the director of the amounts payable from
state
appropriations under those public obligations during the
then current and next two fiscal years, identifying the
appropriation or intended appropriation from which payment is
expected to be made.
(D)(1) Information relating generally to the
historic,
current, or future demographics or economy or financial
condition
or funds or general operations of the state, and
descriptions of
any state contractual obligations relating to public
obligations,
to be contained in any offering
document, continuing disclosure
document, or written
presentation prepared, approved, or provided,
or committed to be provided, by an issuer in
connection with the
original issuance and sale of, or rating,
remarketing, or credit
enhancement facilities relating to, public
obligations
referred to
in division (A) of this section shall be approved as
to format and
accuracy by the director before
being presented, published, or
disseminated in preliminary, draft, or final form, or publicly
filed in
paper, electronic, or other format.
(2) Except for
information described in division (D)(1) of
this section that is
to be contained in an offering document,
continuing disclosure document, or
written presentation,
division
(D)(1) of this section does not inhibit direct
communication
between an issuer and a rating agency, remarketing
agent, or
credit enhancement provider concerning an issuance of public
obligations referred to in division (A) of this section or matters
associated with that issuance.
(3) The materials approved and provided pursuant to
division
(D)
of this section are the information relating to the particular
subjects
provided by the state or state agencies that are required
or contemplated by
any applicable
state or federal securities laws
and any commitments by the state
or state agencies made under
those laws. Reliance for the purpose
should not be placed on any
other information publicly provided,
in any format including
electronic, by any state agency for other
purposes, including
general information provided to the public or
to portions of the
public. A statement to that effect shall be
included in those
materials so approved or provided.
(E) Issuers of obligations
referred to in division (A) of
this section may take
steps, by formal agreement, covenants in the
proceedings, or otherwise, as may
be necessary or appropriate to
comply or permit compliance with applicable
lawful disclosure
requirements relating to those obligations, and may,
subject to
division (D) of this section, provide,
make available, or file
copies of any required
disclosure materials as necessary or
appropriate. Any such formal agreement or covenant relating to
subjects referred to in division (D) of this section, and any
description of that
agreement or covenant to be contained in any
offering document, shall be approved by the
director before being
entered into
or published or publicly disseminated in preliminary,
draft, or final
form or publicly filed
in paper, electronic, or
other format. The director shall be
responsible for making all
filings in compliance with those requirements
relating to direct
obligations of the state, including fractionalized
interests in
those obligations.
(F) No state agency or official shall, without the
approval
of the director
of budget and management, do either of the
following:
(1) Enter into or commit to enter into a public obligation
under which fractionalized interests in the payments are
to be
publicly offered, which payments are
anticipated to be made from
money from any source
appropriated or to be appropriated by the
general assembly or in which the
provision stated in section 9.94
of the Revised Code is not included;
(2) Except as otherwise expressly authorized for the purpose
by law, agree
or commit to provide, from money from any source to
be appropriated in
the future by the
general assembly, financial
assistance to or participation in the costs
of capital
facilities,
or the payment of debt charges, directly or by way of a
credit
enhancement facility, a reserve, rental payments, or
otherwise, on
obligations issued to pay costs
of capital facilities.
(G) As used in this section,
"credit enhancement
facilities,"
"debt charges,"
"fractionalized
interests in public
obligations,"
"obligor,"
"public issuer," and
"securities"
have
the same meanings as in section 133.01 of the Revised Code;
"public
obligation" has the same meaning as in division (GG)(2) of
section 133.01 of
the Revised Code;
"obligations" means securities
or
public obligations or fractionalized interests in them;
"issuers"
means issuers of securities or state obligors on
public
obligations;
"offering document" means an official
statement,
offering circular, private placement memorandum, or
prospectus, or
similar document; and
"director" means the director
of budget and
management or the employee of the office of budget
and management
designated by the director for the purpose.
Sec. 126.21. (A) The director of budget and management
shall do all
of the following:
(1) Keep all necessary accounting records;
(2) Prescribe and maintain the accounting system of the
state and establish appropriate accounting procedures and charts
of accounts;
(3) Establish procedures for the use of written,
electronic,
optical, or
other communications media for approving payment
vouchers;
(4) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items
of
the appropriation, with the advice and assistance of
the state
agency
affected by it and the
legislative budget office of the
legislative service commission, totals so as to correspond in the
aggregate with the total appropriation. In the case of a
conflict
between the item and the total of which it is a part,
the item
shall be considered the intended appropriation.
(5) Evaluate on an ongoing basis and, if necessary,
recommend improvements to the internal controls used in state
agencies;
(6) Authorize the establishment of petty cash
accounts. The
director of budget and management may withdraw approval for
any
petty cash account and require the officer in charge to
return to
the state treasury any unexpended balance shown by
the officer's
accounts to be on hand. Any officer who is issued a
warrant for
petty cash shall render a detailed account of the expenditures of
the petty cash and shall report when requested the balance
of
petty cash on hand at any time.
(7) Process orders, invoices, vouchers, claims, and
payrolls
and prepare financial reports and statements;
(8) Perform extensions, reviews, and
compliance
checks prior
to approving a payment as the director considers
necessary;
(9) Issue the official comprehensive annual financial
report
of the state. The report shall cover all funds
and
account groups
of the state reporting entity and shall include
general purpose
basic financial statements
and required supplementary information
prepared in accordance with
generally accepted accounting
principles and other
information as the director provides. All
state agencies,
authorities, institutions, offices, retirement
systems, and other
component units of the state reporting entity
as determined by
the director shall furnish the director whatever
financial
statements and other information the director requests
for
the report, in the form, at the times,
covering the periods,
and with the
attestation the director prescribes. The information
for state
institutions of higher education, as defined in
section
3345.011 of the Revised Code, shall be submitted to the
director
by the Ohio board of regents. The board shall establish
a due
date by which each such institution shall submit the
information
to the board, but no such date shall be later than
one hundred
twenty days after the end of the state fiscal year
unless a later
date is approved by the director.
(B) In addition to the director's duties under division
(A)
of this section, the director of budget and management may
establish and administer one or more state payment card programs
that permit or
require state agencies to use a payment card to
purchase equipment, materials,
supplies, or services in accordance
with guidelines issued by the director.
The director may contract
with one or more vendors to provide the payment
cards and payment
card services. State agencies may only participate in state
payment card programs that the director establishes pursuant to
this section.
Sec. 127.16. (A) Upon the request of either a state
agency
or the director of budget and management and after the
controlling
board determines that an emergency or a sufficient
economic reason
exists, the controlling board may approve
the making of a purchase
without competitive selection as provided in
division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would
amount to fifty thousand dollars or more when combined with
both
the amount of all disbursements to the supplier during the
fiscal
year for purchases made by the agency and the amount of
all
outstanding encumbrances for purchases made by the agency
from the
supplier, unless the purchase is made by competitive
selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier
during the fiscal year for real estate leases made by
the agency
and the amount of all outstanding encumbrances for
real estate
leases made by the agency from the supplier, unless
the lease is
made by competitive selection or with the approval
of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider
agreements under
disability assistance medical assistance
established under Chapter
5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records
of the amounts of money spent under each contract and
annually
files those records with the clerk of the
house of representatives
and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract
for reclamation work with
an operator
mining adjacent land as provided in section 1513.27 of
the
Revised Code;
(6) Applying to investment transactions and procedures of
any state agency, except that the agency shall file with the
board
the name of any person with whom the agency contracts to
make,
broker, service, or otherwise manage its investments, as
well as
the commission, rate, or schedule of charges of such
person with
respect to any investment transactions to be
undertaken on behalf
of the agency. The filing shall be in a
form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services commission of services, or supplies, that are provided
to
persons with disabilities, or to purchases made by the
commission
in connection with the eligibility determinations it
makes for
applicants of programs administered by the social
security
administration;
(9) Applying to payments by the department of job and
family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the
state government;
(11) Applying to agreements or contracts entered into under
section
5101.11, 5101.21, or 5101.211 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
sections
5123.18, 5123.182, and 5111.252 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code or the children's
health
insurance program
part II provided for under section 5101.51
of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the
cumulative purchase thresholds established in divisions
(B)(1),
(B)(2), and (E) of this section, all of the following
purchases by
such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section,
"competitive selection,"
"purchase,"
"supplies," and
"services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.01. As used in Chapters 113., 117., 123., 124.,
125., 126., 127., and 131. of the Revised Code, and any statute
that uses the terms in connection with state accounting or
budgeting:
(A)
"Account" means any record, element, or summary in
which
financial transactions are identified and recorded as debit
or
credit transactions in order to summarize items of a similar
nature or classification.
(B)
"Accounting procedure" means the arrangement of all
processes which discover, record, and summarize financial
information to produce financial statements and reports and to
provide internal control.
(C)
"Accounting system" means the total structure of
records
and procedures which discover, record, classify, and
report
information on the financial position and operations of a
governmental unit or any of its funds, balanced account groups,
and organizational components.
(D)
"Allocation" means a portion of an appropriation which
is
designated for expenditure by specific organizational units or
for
special purposes, activities, or objects that do not relate
to a
period of time.
(E)
"Allotment" means all or part of an appropriation
which
may be encumbered or expended within a specific period of
time.
(F)
"Appropriation" means an authorization granted by the
general assembly to make expenditures and to incur obligations
for
specific purposes.
(G)
"Assets" means resources owned, controlled, or
otherwise
used or held by the state which have monetary value.
(H)
"Budget" means the plan of financial operation
embodying
an estimate of proposed expenditures and obligations
for a given
period and the proposed means of financing them.
(I)
"Direct deposit" is a form of electronic funds
transfer
in which money is electronically deposited into the
account of a
person or entity at a financial institution.
(J)
"Disbursement" means a payment made for any purpose.
(K)
"Electronic benefit transfer" means the electronic
delivery of benefits through automated teller
machines, point of
sale terminals, or other electronic media
pursuant to section
5101.33 of the Revised Code.
(L)
"Electronic funds transfer" means the electronic
movement
of funds via automated clearing house or wire transfer.
(M)
"Encumbrancing document" means a document reserving
all
or part of an appropriation.
(N)
"Expenditure" means a reduction of the balance of an
appropriation after legal requirements have been met.
(O)
"Fund" means an independent fiscal and accounting
entity
with a self-balancing set of accounts recording cash or
other
resources, together with all related liabilities,
obligations,
reserves, and fund balances which are segregated for
the purpose
of carrying on specific activities or attaining
certain objectives
in accordance with special rules,
restrictions, or limitations.
(P)
"Lapse" means the automatic termination of an
appropriation at the end of the fiscal period for which it was
appropriated.
(Q)
"Reappropriation" means an appropriation of a previous
appropriation that is continued in force in a succeeding
appropriation period.
"Reappropriation" shall be equated with
and
incorporated in the term
"appropriation."
(R)
"Voucher" means the document used to transmit a claim
for
payment and evidentiary matter related to the claim.
(S)
"Warrant" means an order drawn upon the treasurer of
state by the auditor of state directing the treasurer of state to
pay a specified amount, including an order to make a lump-sum
payment to a financial institution for the transfer of funds by
direct deposit or the drawdown of funds by electronic benefit
transfer, and the resulting electronic transfer to or by the
ultimate payees.
The terms defined in this section shall be used, on all
accounting forms, reports, formal rules, and budget requests
produced by a state agency, only as defined in this section.
Sec. 133.021. The general assembly hereby finds and
declares
that the
"Tax Reform Act of 1986" (the
"Act")
establishes a
unified volume ceiling on the aggregate amount of
private activity
bonds which can be issued in each state. The
unified volume
ceiling is the product of seventy-five dollars
multiplied by the
state population in 1987 and fifty dollars
multiplied by the state
population in each succeeding calendar
year.
The general assembly further finds and declares that the
Act
requires the state to allocate its volume ceiling according
to a
specified formula unless a different procedure is
established by
the governor or general assembly.
The general assembly further finds and declares that
pursuant
to authorization of state legislation the general
assembly has, by
division (D)(3) of section 133.02 of the Revised
Code, effective
October 30, 1989, provided for delegating such
function to the
governor and for further delegation as therein
provided, subject
to such prospectively effective actions as may
subsequently be
taken by the general assembly.
The general assembly further finds and declares that it
desires to by legislation provide for an efficient, effective,
and
equitable procedure under which the state will allocate the
unified volume ceiling.
The general assembly therefore finds and declares that it
is
necessary to create the joint select committee on volume cap
to
create a process for the allocation of the unified volume
ceiling.
(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal
Revenue Code, which provides that a state may by law provide a
different formula for allocating the state ceiling, there is
hereby created the joint select committee on volume cap to
provide
for the allocation and the reallocation of the unified
volume
ceiling among the governmental units (or other
authorities) in the
state having authority to issue tax exempt
private activity bonds.
(B) The committee shall consist of eight members. Two
members shall be from the house of representatives appointed by
the speaker of the house of representatives; two members shall be
from the senate appointed by the president of the senate; and
four
members shall be appointed by the governor. Each member
shall be
selected for
his or her
the member's knowledge and
experience in
tax
exempt private activity bonds. The members shall serve at the
pleasure of the appointing authority. A vacancy shall be filled
in the same manner as the original appointment.
(C) The purpose of the committee shall be to maximize the
economic benefits of the unified volume ceiling to all citizens
of
the state. To this end, the joint select committee on volume
cap
shall:
(1)
Annually, survey the governmental units (or other
authorities) in the state having authority to issue tax exempt
private activity bonds concerning:
(a) The amount of tax exempt private activity bonds issued
for the previous calendar year; and
(b) The amount requested for the calendar year allocation
currently under consideration.
(2) Set forth procedures for making allocations,
reallocation and carry forward of the state's unified volume
ceiling in accordance with the Act;
(3)(2) Develop strategies for allocating and reallocating
the
unified volume ceiling which are designed to maximize the
availability of tax exempt private activity bonds among competing
sectors of the state.
(D) To provide for the orderly and prompt issuance of
private activity bonds, the committee is authorized to allocate
the unified volume ceiling among those governmental units (or
other authorities) in the state having authority to issue tax
exempt private activity bonds. The committee shall reserve a
portion of the unified volume ceiling to be allocated for
multi-family rental housing projects. The committee in
determination of unified volume ceiling allocations and
reallocations shall consider the following:
(1) The interest of the state with regard to long-term
economic development, housing, education, redevelopment, and
solid
waste management;
(2) The projected increase of jobs in the state;
(3) The needs of political subdivisions.
(E) The director of development shall adopt rules in
accordance with Chapter 119. of the Revised Code to carry out the
purposes of this section.
Sec. 133.06. (A) A school district shall not incur,
without
a vote of the electors, net indebtedness that exceeds an
amount
equal to one-tenth of one per cent of its tax valuation,
except as
provided in divisions (G) and (H)
of this section and
in division
(C) of section 3313.372 of the Revised Code, or as
prescribed in
section 3318.052 of the Revised Code.
(B) Except as provided in divisions (E)
and, (F), and (I) of
this
section, a school district shall not incur net indebtedness
that
exceeds an amount equal to nine per cent of its tax
valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education,
and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least thirty days prior to the election
at which the question is to be submitted, except that the
superintendent of public instruction and the tax commissioner may
waive this thirty-day deadline or grant their consents after the
election if the school district shows good cause for such waiver
or consent after the election.
(D) In calculating the net indebtedness of a school
district, none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint
vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code;
(5) Debt incurred under section 3313.374 of the Revised
Code;
(6) Debt incurred pursuant to division (B)(5) of
section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section 3318.041 of the Revised
Code.
(E) A school district may become a special needs district
as
to certain securities as provided in division (E) of this
section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining
both
of the following:
(a) The student population is not being adequately
serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) A history of and a projection of the growth of the
student population;
(b) The history of and a projection of the growth of the
tax
valuation;
(d) The estimated cost of permanent improvements proposed
to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the
information
certified to the superintendent and any other
information the
superintendent obtains, indicates a likelihood of
potential
average growth of tax valuation of the district during
the next
five years of an average of not less than three per cent
per year.
The findings and certification of the superintendent
shall be
conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding
the
month in which its board determines to submit to the electors
the
question of issuing the proposed securities;
(b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities
in
the district have been wholly or partially destroyed, or
condemned
by a constituted public authority, or that such
buildings or
facilities are partially constructed, or so
constructed or planned
as to require additions and improvements
to them before the
buildings or facilities are usable for their
intended purpose, or
that corrections to permanent improvements
are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the
cost,
in excess of any insurance or condemnation proceeds
received by
the district, of permanent improvements to respond to
the
emergency need.
(3) The procedures for the election shall be as provided
in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section
133.18 of the Revised Code shall be certified to the county
auditor and the board of elections at least seventy-five days
prior to the election;
(c) The county auditor shall advise and, not later than
sixty-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its
resolution
and the information required by division (D) of
section 133.18 of
the Revised Code to the board of elections not
less than sixty
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an
analysis
and recommendations pertaining to installations,
modifications of
installations, or remodeling that would
significantly reduce
energy consumption in buildings owned by the
district. The report
shall include estimates of all costs of
such installations,
modifications, or remodeling, including costs
of design,
engineering, installation, maintenance, repairs, and
debt service,
and estimates of the amounts by which energy
consumption and
resultant operational and maintenance costs, as defined by the
Ohio school facilities
commission, would be reduced.
If the board finds after receiving the report that the
amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount
of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen
years, the board may
submit to the
commission a copy of its findings and a request for
approval to incur
indebtedness
to finance the making or
modification of installations or the
remodeling of buildings for
the purpose of significantly reducing
energy consumption.
If the commission determines that the board's
findings are
reasonable, it shall approve the board's request. Upon receipt
of
the commission's approval, the district may
issue securities
without a vote of the electors in a principal amount not to
exceed
nine-tenths of one per cent of its tax valuation for the
purpose
of making such installations, modifications, or
remodeling, but
the total net indebtedness of the district
without a vote of the
electors incurred under this and all other
sections of the Revised
Code shall not exceed one per cent of the
district's tax
valuation.
So long as any securities issued under division (G)
of this
section remain outstanding, the board of education shall monitor
the
energy consumption and resultant operational and maintenance
costs of
buildings in which installations or
modifications have
been made or remodeling has been done pursuant
to division (G) of
this section and shall maintain and annually
update a
report
documenting the reductions in energy
consumption and resultant
operational and maintenance cost savings
attributable to such
installations,
modifications, or remodeling. The report shall be
certified by
an architect or engineer independent of any person
that provided
goods or services to the board in connection with
the energy
conservation measures that are the subject of the
report. The resultant
operational and maintenance cost savings
shall be certified by the school
district treasurer. The report
shall be made available to the commission
upon request.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of
paying
costs of permanent improvements, if and to the extent that both
of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates
that
receipts of the school district from payments made under or
pursuant
to agreements
entered into pursuant to
section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41,
5709.62,
5709.63,
5709.632, 5709.73, 5709.78, or 5709.82
of the Revised
Code, or distributions under division (C) of
section 5709.43 of
the Revised Code, or any combination thereof,
are, after
accounting for any appropriate coverage requirements,
sufficient
in time and amount, and are committed by the
proceedings, to pay
the debt charges on the securities issued to
evidence that
indebtedness and payable from those receipts, and
the taxing
authority of the district confirms the fiscal
officer's estimate,
which confirmation is approved by the
superintendent of public
instruction;
(2) The fiscal officer of the school district certifies,
and
the taxing authority of the district confirms, that the
district,
at the time of the certification and confirmation,
reasonably
expects to have sufficient revenue available for the
purpose of
operating such permanent improvements for their
intended purpose
upon acquisition or completion thereof, and the
superintendent of
public instruction approves the taxing
authority's confirmation.
The maximum maturity of securities issued under division
(H)
of this section shall be the lesser of twenty years or the
maximum
maturity calculated under section 133.20 of the Revised
Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B) of this
section when necessary to raise the school district portion of the
basic project cost pursuant to Chapter 3318. of the Revised Code.
The school facilities commission shall notify the superintendent
of public instruction whenever a school district will exceed the
nine per cent limit pursuant to this division.
Sec. 133.07. (A) A county shall not incur, without a vote
of the electors, either of the following:
(1) Net indebtedness for all purposes that exceeds an
amount
equal to one per cent of its tax valuation;
(2) Net indebtedness for the purpose of paying the
county's
share of the cost of the construction, improvement,
maintenance,
or repair of state highways that exceeds an amount
equal to
one-half of one per cent of its tax valuation.
(B) A county shall not incur total net indebtedness that
exceeds an amount equal to one of the following limitations
that
applies to the county:
(1) A county with a valuation not exceeding one hundred
million dollars, three per cent of that tax valuation;
(2) A county with a tax valuation exceeding one hundred
million dollars but not exceeding three hundred million dollars,
three million dollars plus one and one-half per cent of that tax
valuation in excess of one hundred million dollars;
(3) A county with a tax valuation exceeding three hundred
million dollars, six million dollars plus two and one-half per
cent of that tax valuation in excess of three hundred million
dollars.
(C) In calculating the net indebtedness of a county, none
of
the following securities shall be considered:
(1) Securities described in section 307.201 of the Revised
Code;
(2) Self-supporting securities issued for any purposes,
including, but not limited to, any of the following general
purposes:
(a) Water systems or facilities;
(b) Sanitary sewerage systems or facilities, or surface
and
storm water drainage and sewerage systems or facilities, or a
combination of those systems or facilities;
(c) County or joint county scrap tire collection, storage,
monocell, monofill, or recovery facilities, or any combination of
those facilities;
(d) Off-street parking lots, facilities, or buildings, or
on-street parking facilities, or any combination of off-street
and
on-street parking facilities;
(e) Facilities for the care or treatment of the sick or
infirm, and for housing the persons providing that care or
treatment and their families;
(f) Recreational, sports, convention, auditorium, museum,
trade show, and other public attraction facilities;
(g) Facilities for natural resources exploration,
development, recovery, use, and sale;
(h) Correctional and detention facilities and related
rehabilitation facilities.
(3) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface
and storm water sewerage systems or facilities, or a
combination
of those systems or facilities, to the extent that an
agreement
entered into with another subdivision requires the
other
subdivision to pay to the county amounts equivalent to debt
charges on the securities;
(4) Voted general obligation securities issued for the
purpose of permanent improvements for sanitary sewerage or water
systems or facilities to the extent that the total principal
amount of voted securities outstanding for the purpose does not
exceed an amount equal to two per cent of the county's tax
valuation;
(5) Securities issued for permanent improvements to house
agencies, departments, boards, or commissions of the county or of
any municipal corporation located, in whole or in part, in the
county, to the extent that the revenues, other than revenues from
unvoted county property taxes, derived from leases or other
agreements between the county and those agencies, departments,
boards, commissions, or municipal corporations relating to the
use
of the permanent improvements are sufficient to cover the
cost of
all operating expenses of the permanent improvements paid
by the
county and debt charges on the securities;
(6) Securities issued pursuant to section 133.08 of the
Revised Code;
(7) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, for the
purpose of acquiring or making other highway permanent
improvements, or for the purpose of procuring and maintaining
computer systems for the office of the clerk of any
county-operated municipal court, for the office of the clerk of
the court of common pleas, or for the office of the clerk of the
probate, juvenile, or domestic relations division of the court of
common pleas to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from
moneys distributed to the county pursuant to division (B) of
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a
sufficient amount to cover debt charges on and financing costs
relating to the securities as they become due;
(8) Securities issued for the purpose of acquiring,
constructing, improving, and equipping a county, multicounty, or
multicounty-municipal jail, workhouse, juvenile detention
facility, or correctional facility;
(9) Securities issued for the acquisition, construction,
equipping, or repair of any permanent improvement or any class or
group of permanent improvements enumerated in a resolution
adopted
pursuant to division (D) of section 5739.026 of the
Revised Code
to the extent that the legislation authorizing the
issuance of the
securities includes a covenant to appropriate
from moneys received
from the taxes authorized under section
5739.023 and division
(A)(5) of section 5739.026 of the Revised
Code an amount
sufficient to pay debt charges on the securities
and those moneys
shall be pledged for that purpose;
(10) Securities issued for county or joint county solid
waste or hazardous waste collection, transfer, or disposal
facilities, or resource recovery and solid or hazardous waste
recycling facilities, or any combination of those facilities;
(11) Securities issued for the acquisition, construction,
and equipping of a port authority educational and cultural
facility under section 307.671 of the Revised Code;
(12) Securities issued for the acquisition, construction,
equipping, and improving of a municipal educational and cultural
facility under division (B)(1) of section 307.672 of the Revised
Code;
(13) Securities issued for energy conservation measures
under section 307.041
of the Revised Code;
(14) Securities issued for the acquisition, construction,
equipping,
improving, or repair of a sports facility, including
obligations issued to pay
costs of a sports facility under section
307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised
Code if the
legislation authorizing issuance of the securities
includes
a covenant to appropriate from revenue received from a
tax authorized under
division (A)(5) of section 5739.026 and
section 5741.023 of the Revised Code
an amount sufficient to pay
debt charges on the securities, and the board of
county
commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code;
(16) Sales tax supported bonds issued pursuant to section
133.081 of the Revised Code for the purpose of
acquiring,
constructing, improving, or equipping any permanent
improvement to
the extent that the legislation authorizing the
issuance of the
sales tax supported bonds pledges county sales
taxes to the
payment of debt charges on the sales tax supported
bonds and
contains a covenant to appropriate from county sales
taxes a
sufficient amount to cover debt charges or the financing
costs
related to the sales tax supported bonds as they become
due.;
(17) Bonds or notes issued under section 133.60 of the
Revised Code if the legislation authorizing issuance of the
bonds
or notes includes a covenant to appropriate from revenue received
from a
tax authorized under division (A)(9) of section 5739.026
and section
5741.023 of the Revised Code an amount sufficient to
pay the
debt charges on the bonds or notes, and the board of
county commissioners
pledges that revenue for that purpose.;
(18) Securities issued under section 3707.55 of the
Revised
Code for the acquisition of real property by a general health
district;
(19) Securities issued under division (A)(3) of section
3313.37 of the Revised Code for the acquisition of real and
personal property by an educational service center.
(D) In calculating the net indebtedness of a county, no
obligation incurred under division (D) of section 339.06 of
the
Revised Code shall be considered.
Sec. 140.01. As used in this chapter:
(A)
"Hospital agency" means any public hospital agency or
any
nonprofit hospital agency.
(B)
"Public hospital agency" means any county, board of
county hospital trustees established pursuant to section 339.02
of
the Revised Code, county hospital commission established
pursuant
to section 339.14 of the Revised Code, municipal
corporation,
new
community authority organized under Chapter 349. of the Revised
Code, joint township hospital district, state or municipal
university or
college operating or authorized to operate a
hospital facility, or
the state.
(C)
"Nonprofit hospital agency" means a corporation or
association not for profit, no part of the net earnings of which
inures or may lawfully inure to the benefit of any private
shareholder or individual, that has authority to own or operate a
hospital facility or provides or is to provide services to one or
more other hospital agencies.
(D)
"Governing body" means, in the case of a county, the
board of county commissioners or other legislative body; in the
case of a board of county hospital trustees, the board; in the
case of a county hospital commission, the commission; in the case
of a municipal corporation, the council or other legislative
authority;
in the case of a new community authority, its board of
trustees; in the case of a joint township hospital district, the
joint township district hospital board; in the case of a state or
municipal university or college, its board of trustees or board
of
directors; in the case of a nonprofit hospital agency, the
board
of trustees or other body having general management
thereof
of the
agency; and,
in the case of the state, the director of
development
or the Ohio
higher educational facility commission.
(E)
"Hospital facilities" means buildings, structures and
other improvements, additions thereto and extensions thereof,
furnishings, equipment, and real estate and interests in real
estate, used or to be used for or in connection with one or more
hospitals, emergency, intensive, intermediate, extended,
long-term, or self-care facilities, diagnostic and treatment and
out-patient facilities, facilities related to programs for home
health services, clinics, laboratories, public health centers,
research facilities, and rehabilitation facilities, for or
pertaining to diagnosis, treatment, care, or rehabilitation of
sick, ill, injured, infirm, impaired, disabled, or handicapped
persons, or the prevention, detection, and control of disease,
and
also includes education, training, and food service
facilities for
health professions personnel, housing facilities
for such
personnel and their families, and parking and service
facilities
in connection with any of the foregoing; and includes
any one,
part of, or any combination of the foregoing; and
further includes
site improvements, utilities, machinery,
facilities, furnishings,
and any separate or connected buildings,
structures, improvements,
sites, utilities, facilities, or
equipment to be used in, or in
connection with the operation or
maintenance of, or supplementing
or otherwise related to the
services or facilities to be provided
by, any one or more of such
hospital facilities.
(F)
"Costs of hospital facilities" means the costs of
acquiring or constructing hospital facilities, costs of improving
one or more hospital facilities, including reconstructing,
rehabilitating, remodeling, renovating, and enlarging, costs of
equipping and furnishing such facilities, and all financing costs
pertaining thereto, including, without limitation thereto, costs
of engineering, architectural, and other professional services,
designs, plans, specifications and surveys, and estimates of
cost,
costs of tests and inspections, the costs of any indemnity
or
surety bonds and premiums on insurance, all related direct or
allocable administrative expenses pertaining thereto, fees and
expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing
charges and fees and expenses of financial advisors, attorneys,
accountants, consultants and rating services in connection
therewith, capitalized interest on the obligations, amounts
necessary to establish reserves as required by the bond
proceedings, the reimbursement of all moneys advanced or applied
by the hospital agency or others or borrowed from others for the
payment of any item or items of costs of such facilities, and all
other expenses necessary or incident to planning or determining
feasibility or practicability with respect to such facilities,
and
such other expenses as may be necessary or incident to the
acquisition, construction, reconstruction, rehabilitation,
remodeling, renovation, enlargement, improvement, equipment, and
furnishing of such facilities, the financing thereof, and the
placing of the same in use and operation, including any one, part
of, or combination of such classes of costs and expenses, and
means the costs of refinancing obligations issued by, or
reimbursement of money advanced by, nonprofit hospital agencies
or
others the proceeds of which were used for the payment of
costs of
hospital facilities, if the governing body of the public
hospital
agency determines that the refinancing or reimbursement
advances
the purposes of this chapter, whether or not the
refinancing or
reimbursement is in conjunction with the
acquisition or
construction of additional hospital facilities.
(G)
"Hospital receipts" means all moneys received by or on
behalf of a hospital agency from or in connection with the
ownership, operation, acquisition, construction, improvement,
equipping, or financing of any hospital facilities, including,
without limitation thereto, any rentals and other moneys received
from the lease, sale, or other disposition of hospital
facilities,
and any gifts, grants, interest subsidies, or other
moneys
received under any federal program for assistance in
financing the
costs of hospital facilities, and any other gifts,
grants, and
donations, and receipts therefrom, available for
financing the
costs of hospital facilities.
(H)
"Obligations" means bonds, notes, or other evidences
of
indebtedness or obligation, including interest coupons
pertaining
thereto, issued or issuable by a public hospital
agency to pay
costs of hospital facilities.
(I)
"Bond service charges" means principal, interest, and
call premium, if any, required to be paid on obligations.
(J)
"Bond proceedings" means one or more ordinances,
resolutions, trust agreements, indentures, and other agreements
or
documents, and amendments and supplements to the foregoing, or
any
combination thereof, authorizing or providing for the terms,
including any variable interest rates, and conditions applicable
to, or providing for the security of, obligations and the
provisions contained in such obligations.
(K)
"Nursing home" has the same meaning as in division
(A)(1)
of section 5701.13 of the Revised Code.
(L)
"Residential care facility" has the same meaning as in
division (A)(2)
of section 5701.13 of the Revised Code.
(M)
"Adult care facility" has the same meaning as in
division
(A)(3) of section 5701.13 of the Revised Code.
(N)
"Independent living facility" means any self-care
facility or other housing facility designed or used as a
residence
for elderly persons. An
"independent living facility"
does not
include a residential facility, or that part of a
residential
facility, that is any of the following:
(1) A hospital required to be certified by section 3727.02
of the Revised Code;
(2) A nursing home or residential care facility;
(3) An adult care facility;
(4) A hospice licensed under section 3712.04 of the
Revised
Code;
(5) A habilitation center as defined in section 5123.041
of
the Revised Code;
(6) A residential facility for the mentally ill licensed
by
the department of mental health under section 5119.22 of the
Revised Code;
(7) A facility licensed to provide methadone treatment
under
section 3793.11 of the Revised Code;
(8) A facility certified as an alcohol and drug addiction
program under
section 3793.06 of the Revised Code;
(9) A residential facility licensed under section 5123.19
of
the Revised Code or a facility providing services under a
contract
with the department of mental retardation and
developmental
disabilities under section 5123.18 of the Revised
Code;
(10) A residential facility used as part of a hospital to
provide housing for staff of the hospital or students pursuing a
course of study at the hospital.
Sec. 151.04. This section applies to obligations as defined
in this
section.
(A) As used in this section:
(1) "Costs of capital facilities" include related direct
administrative expenses and allocable portions of direct costs of
the using
institution.
(2) "Obligations" means obligations as defined in section
154.30
151.01
of the Revised Code issued to pay costs of capital
facilities for
state-supported or state-assisted institutions of
higher education.
(3) "State-supported or state-assisted institutions of
higher
education" means a state university or college, or
community
college district, technical college district, university
branch
district, or state community college, or other institution
for
education, including technical education, beyond the high
school,
receiving state support or assistance for its expenses of
operation. "State university or
college" means each of the state
universities identified in
section 3345.011 of the Revised Code,
the northeastern Ohio universities
college of medicine, and the
medical college of Ohio at Toledo.
(4) "Using institution" means the state-supported or
state-assisted institution of higher education, or two or more
institutions
acting jointly, that are the ultimate users of
capital facilities for
state-supported and state-assisted
institutions of higher
education financed with net proceeds of
obligations.
(B) The issuing authority shall issue obligations to pay
costs of
capital facilities for state-supported and state-assisted
institutions
of higher education pursuant to Section 2n of
Article
VIII, Ohio Constitution, section 151.01 of the Revised Code,
and
this section.
(C) Net proceeds of obligations shall be deposited into the
higher education improvement fund created by division (F) of
section
154.21 of the Revised Code.
(D) There is hereby created in the state treasury the
"higher
education capital facilities bond service fund." All
moneys
received by the state and required by the bond proceedings,
consistent
with sections 151.01 and 151.04 of the Revised Code, to
be
deposited, transferred, or credited to the bond service fund,
and
all other moneys transferred or allocated to or received for
the
purposes of that fund, shall be deposited and credited to the
bond
service fund, subject to any applicable provisions of the
bond
proceedings but without necessity for any act of
appropriation.
During the period beginning with the date of the
first issuance of
obligations and continuing during the time that
any obligations
are outstanding in accordance with their terms, so
long as moneys
in the bond service fund are insufficient to pay
debt service when
due on those obligations payable from that fund
(except the
principal amounts of bond anticipation notes payable
from the
proceeds of renewal notes or bonds anticipated) and due
in
the particular fiscal year, a sufficient amount of revenues of
the state is committed and, without
necessity for further act of
appropriation, shall be paid to the
bond service fund for the
purpose of paying that debt service when
due.
Sec. 166.03. (A) There is hereby created the facilities
establishment fund within the state treasury, consisting of
proceeds from the issuance of obligations as specified under
section 166.08 of the Revised Code; the moneys received by the
state from the sources specified in section 166.09 of the Revised
Code; service charges imposed under sections 166.06 and 166.07 of
the Revised Code; any grants, gifts, or contributions of moneys
received by the director of development to be used for loans made
under section 166.07 of the Revised Code or for the payment of
the
allowable costs of project facilities; and all other moneys
appropriated or transferred to the fund. Moneys in the loan
guarantee fund in excess of four per cent of the unpaid principal
amount of loan repayments guaranteed under section 166.06 of the
Revised Code, but subject to the provisions and requirements of
any guarantee contracts, may be transferred to the facilities
establishment fund by the treasurer of state upon the order of
the
director of development. Moneys received by the state under
Chapter 122. of the Revised Code, to the extent allocable to the
utilization of moneys derived from proceeds of the sale of
obligations pursuant to section 166.08 of the Revised Code, shall
be credited to the facilities establishment fund.
(B) All moneys appropriated or transferred to the
facilities
establishment fund may be released at the request of
the director
of development for payment of allowable costs or the
making of
loans under this chapter, for transfer to the loan guarantee fund
established in section 166.06 of the Revised Code, or for use for
the purpose
of or transfer to the funds established by
sections
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57,
122.601,
and
122.80 of the Revised Code and, until July 1,
2001
2003, the
funds
established by sections 122.26 and
166.031 of the Revised
Code,
but only for such of those
purposes
as are within the
authorization of Section 13 of Article VIII,
Ohio Constitution, in
all cases subject to the approval of the
controlling board.
(C) The department of development, in the administration
of
the facilities establishment fund, is encouraged to utilize
and
promote the utilization of, to the maximum practicable
extent, the
other existing programs, business incentives, and tax
incentives
that department is required or authorized to
administer or
supervise.
Sec. 169.01. As used in this chapter, unless the context
otherwise requires:
(A) "Financial organization" means any bank, trust
company,
savings bank, safe deposit company, mutual savings bank
without
mutual stock, savings and loan association, credit union,
or
investment company.
(B)(1) "Unclaimed funds" means any moneys, rights to moneys,
or intangible property, described in section 169.02 of the
Revised
Code, when, as shown by the records of the holder, the
owner has
not, within the times provided in section 169.02 of the
Revised
Code, done any of the following:
(a) Increased, decreased, or adjusted the amount of such
funds;
(b) Assigned, paid premiums, or encumbered such funds;
(c) Presented an appropriate record for the crediting of
such funds or received payment of such funds by check, draft, or
otherwise;
(d) Corresponded with the holder concerning such funds;
(e) Otherwise indicated an interest in or knowledge of
such
funds;
(f) Transacted business with the holder.
(2) "Unclaimed funds" does not include any of the
following:
(a) Money received or
collected under section 9.39 of the
Revised Code;
(b) Any payment or credit due to a business association from
a
business association representing sums payable to suppliers, or
payment for
services rendered, in the course of business,
including, but not limited to,
checks or memoranda, overpayments,
unidentified remittances, nonrefunded
overcharges, discounts,
refunds, and rebates;
(c) Any payment or credit received by a business association
from
a business association for tangible goods sold, or services
performed, in the
course of business, including, but not limited
to, checks or memoranda,
overpayments, unidentified remittances,
nonrefunded overcharges, discounts,
refunds, and rebates;
(d) Any credit due a retail customer that is represented by a
gift certificate, gift card, merchandise credit, or merchandise
credit card, redeemable only for merchandise.
For purposes of divisions (B)(2)(b) and
(c) of this section,
"business association" means any
corporation, joint venture,
business trust, limited liability company,
partnership,
association, or other business entity composed of one or more
individuals, whether or not the entity is for profit.
(C) "Owner" means any person, or the person's legal
representative, entitled to receive or having a legal or equitable
interest in
or claim against moneys, rights to moneys, or other
intangible
property, subject to this chapter.
(D)(1) "Holder" means any person that has possession,
custody, or control of moneys, rights to moneys, or other
intangible property, or that is indebted to another, if any of the
following applies:
(a) Such person resides in this state;
(b) Such person is formed under the laws of this state;
(c) Such person is formed under the laws of the United
States and has an office or principal place of business in
this
state;
(d) The records of such person indicate that the last
known
address of the owner of such moneys, rights to moneys, or
other
intangible property is in this state;
(e) The records of such person do not indicate the last
known address of the
owner of the moneys, rights to moneys, or
other intangible property and the
entity originating or issuing
the moneys, rights to moneys, or other
intangible property is this
state or any political subdivision of this state,
or is
incorporated, organized, created, or otherwise located in this
state.
Division (D)(1)(e) of this section applies to all moneys,
rights to moneys, or
other intangible property that is in the
possession, custody, or control of
such person on or after July
22, 1994, whether the
moneys, rights to moneys, or other
intangible property becomes unclaimed funds
prior to or on or
after
such
that date.
(2) "Holder" does not mean any hospital granted tax-exempt
status under section 501(c)(3) of the Internal Revenue Code or
any
hospital owned or operated by the state or by any political
subdivision. Any entity in order to be exempt from the
definition
of "holder" pursuant to this division shall make a
reasonable,
good-faith effort to contact the owner of the
unclaimed funds.
(E) "Person" includes a natural person; corporation,
whether
for profit or not for profit; copartnership;
unincorporated
association or organization; public authority;
estate; trust; two
or more persons having a joint or common
interest; eleemosynary
organization; fraternal or cooperative
association; other legal or
community entity; the United States
government, including any
district, territory, possession,
officer, agency, department,
authority, instrumentality, board,
bureau, or court; or any state
or political subdivision thereof,
including any officer, agency,
board, bureau, commission,
division, department, authority, court,
or instrumentality.
(F) "Mortgage funds" means the mortgage insurance fund
created by section 122.561 of the Revised Code, and the housing
guarantee fund created by division (D) of section 128.11 of the
Revised Code.
(G) "Lawful claims" means any vested right a holder of
unclaimed funds has against the owner of such unclaimed funds.
(H) "Public utility" means any entity defined as such by
division (A) of section 745.01 or by section 4905.02 of the
Revised Code.
(I) "Deposit" means to place money in the custody of a
financial organization for the purpose of establishing an
income-bearing account by purchase or otherwise.
(J) "Income-bearing account" means a time or savings
account, whether or not evidenced by a certificate of deposit, or
an investment account through which investments are made solely
in
obligations of the United States or its agencies or
instrumentalities or guaranteed as to principal and interest by
the United States or its agencies or instrumentalities, debt
securities rated as investment grade by at least two nationally
recognized rating services, debt securities which the director of
commerce has determined to have been issued for the safety and
welfare of the residents of this state, and equity interests in
mutual funds that invest solely in some or all of the
above-listed
securities and involve no general liability, without
regard to
whether income earned on such accounts, securities, or
interests
is paid periodically or at the end of a term.
Sec. 173.40. There is hereby created a
component of the
medicaid program
established under Chapter 5111. of the Revised
Code to be known as the
preadmission screening system providing
options and resources today program,
or PASSPORT.
Through the
medical assistance program established
under Chapter
5111. of the
Revised Code, the
The PASSPORT program shall provide home and
community-based
services as an alternative to nursing facility
placement for aged and disabled
persons
medicaid recipients. The
program shall be operated pursuant to a home and community-based
waiver granted by the United States secretary of health and human
services
under section 1915 of the
"Social Security Act," 49 Stat.
620 (1935), 42
U.S.C. 1396n, as amended. The department of aging
shall administer the
program. The department of aging shall enter
into
through an interagency agreement
entered into
with the
department of job and family services
regarding
services provided
under the
program to recipients of medical assistance under
Chapter 5111.
under section 5111.86 of the Revised
Code. The
directors of aging and
job and family services shall adopt rules
in
accordance with Chapter 119. of the Revised Code to implement
the program.
Sec. 173.46. The department of aging shall develop and
publish
a guide to nursing facilities in this state for use by
individuals
considering nursing facility placement and their
families, friends,
and advisors. The guide shall be titled the
Ohio long-term care
consumer guide.
The consumer guide shall be published in computerized form
for distribution over the internet. The guide
shall be made
available not later than
fourteen months after the effective
date
of this section
March 1, 2002, and shall be
updated in accordance
with section 173.52
of the Revised Code.
Every two years, the department shall publish an executive
summary of the consumer guide, and shall make the executive
summary
available in both computerized and printed forms.
Sec. 173.47. The department of aging may contract with any
person or government entity to perform any function related to the
publication of the Ohio long-term care consumer guide
or the
collection and
preparation of
data and other material for the
guide, except that the department shall
contract to have
the
customer satisfaction surveys conducted under section 173.54 of
the Revised Code.
In awarding the contract to have the
surveys
conducted
To the extent possible, the department shall contract
with a person or government
entity that has experience in
surveying the customer satisfaction of nursing
facility residents
and their families. The department's contract
shall permit the
person or government entity to subcontract with other persons
or
government entities for purposes of conducting all or part of the
surveys.
Sec. 175.03. (A)(1) The Ohio housing finance agency shall
consist of
nine
eleven members.
Seven
Nine of the members shall be
appointed
by the governor with the advice and consent of the
senate. The
director of commerce and the director of development,
or their
respective designees, shall also be voting members of the
agency.
Of the
seven
nine appointed members, at least one shall
have
experience in residential housing construction; at least one
shall have experience in residential housing mortgage lending,
loan servicing, or brokering; at least one shall have experience
in the licensed residential housing brokerage business; at least
one shall have experience with the housing needs of senior
citizens; at least one shall be from a background in labor
representation in the construction industry;
at least one shall
represent the interests of nonprofit multifamily housing
development organizations; at least one shall represent the
interests of for-profit multifamily housing development
corporations; and two shall be
public members. No more than
five
six of the appointed members of
the agency shall be of the same
political party.
Of the initial
appointments made to the agency,
two shall be for a term ending
on January 31, 1984, two shall be
for a term ending on January
31, 1985, one shall be for a term
ending on January 31, 1986, one
shall be for a term ending on
January 31, 1987, and one shall be
for a term ending on January
31, 1988, the term for each member
to be designated by the
governor
Of the appointments made to the agency for the eighth and
ninth appointed members in accordance with this amendment, one
shall be for a term ending on January 31, 2005, and one shall be
for a term ending on January 31, 2006. Thereafter, each appointed
member shall serve for a term ending on the thirty-first day of
January which is six years following the date of termination of
the term which it succeeds. Each member shall hold office from
the date of the member's appointment until the end of the term for
which
the member was appointed. Any member appointed to fill a
vacancy
occurring prior to the expiration of the term for which
the
member's
predecessor was appointed shall hold office for the
remainder of
such term. Any appointed member shall continue in
office
subsequent to the expiration date of the member's term
until
the member's successor
takes office, or until a period of
sixty days has elapsed,
whichever occurs first. Each appointed
member may be removed
from office by the governor for misfeasance,
nonfeasance,
malfeasance in office, or for failure to attend in
person three
consecutive meetings of the agency.
(2) The director of development or the director's designee
shall be the
chairperson of
the agency. The agency shall elect
one of its appointed members
as vice-chairperson and such other
officers as it
deems necessary,
who need not be members of the
agency. Each appointed member of
the agency shall receive
compensation at the rate of one hundred
fifty dollars per agency
meeting attended in person, not to
exceed a maximum of three
thousand dollars per year. All members
shall be reimbursed for
their actual and necessary expenses
incurred in the discharge of
their official duties.
(3)
Five
six members of the agency constitute a quorum, and
the affirmative vote of
five
six members shall be necessary for
any
action taken by the agency. No vacancy in membership of the
agency impairs the right of a quorum to exercise all the rights
and perform all the duties of the agency. Meetings of the agency
may be held at any place within the state. Meetings of the
agency, including notice of the place of meetings, shall comply
with section 121.22 of the Revised Code.
(B) The appointed members of the agency are not subject to
section 102.02 of the Revised Code. Each such appointed member
shall file with the agency a signed written statement setting
forth the general nature of sales of goods, property or services
or of loans to the agency in which such member has a pecuniary
interest or in which any member of the member's immediate family,
as
defined in section 102.01 of the Revised Code, or any
corporation, partnership or enterprise of which the member is an
officer,
director, or partner, or of which the member or a member
of
the member's immediate
family, as so defined, owns more than a
five per cent interest,
has a pecuniary interest, and of which
sale, loan and interest
such member has knowledge. The statement
shall be supplemented
from time to time to reflect changes in the
general nature of any
such sales or loans. No member shall
participate in portions of
agency meetings dealing with, or vote
concerning, any such
matter. The requirements of this section
pertaining to
disclosure and prohibition from participation and
voting do not
apply to agency loans to lending institutions or
contracts
between the agency and lending institutions for the
purchase,
administration, or servicing of loans notwithstanding
that such
lending institution has a director, officer, employee,
or owner
who is a member of the agency, and no such loans or
contracts
shall be deemed to be prohibited or otherwise regulated
by reason
of any other law or rule.
Sec. 175.21. (A) The low- and moderate-income housing
trust
fund is hereby created in the state treasury. The fund
shall
consist of all appropriations, grants, gifts, loan repayments,
and
contributions of money made from any source to the department of
development for the fund. All investment earnings of the fund
shall be
credited to the fund. The director of development shall
allocate a portion of the money in the fund to an account of the
Ohio housing finance agency. The department shall administer the
fund. The agency shall use money allocated to it in the fund for
implementing and administering its programs and duties under
sections 175.22 and 175.24 of the Revised Code, and the
department
shall use the remaining money in the fund for
implementing and
administering its programs and duties under
sections 175.22 to
175.25 of the Revised Code. Use of all money
in the fund is
subject to the following restrictions: forty-five
per cent of the
money in the fund
amount of funds awarded during any one fiscal
year shall be used to make grants
and loans to nonprofit
organizations under section 175.22 of the
Revised Code, not less
than
thirty-five
forty-five per cent of the
money in
the fund
amount of funds awarded during any one fiscal year
shall be used
to make grants and loans for activities
that will
provide housing
and housing assistance to families and
individuals
in rural areas
and small cities that would
not be
eligible to
participate
in the
small cities program of the
community
development and block grant
program under sections
570.420 to
570.438 of the Code of Federal
Regulations
as a participating
jurisdiction under the "HOME
Investment Partnerships Act," 104
Stat. 4094 (1990), 42 U.S.C.
12701 note, 12721, no
more than
five
six per cent of the money in
the fund shall be used
for
administration, and no money in the
fund shall be used to pay
for
any legal services other than the
usual and customary legal
services
associated with the acquisition
of housing. Except as
otherwise provided
by
the director
under
division (B) of this
section, money in the fund may be used
as
matching money for
federal funds received by the state,
counties,
municipal
corporations, and townships for the
activities listed in
section
175.22 of the Revised Code.
(B) If after the second quarter of any year it appears to
the director that the full amount of the money in the low- and
moderate-income housing trust fund designated in that year for
activities that will provide housing and housing assistance to
families and individuals in rural areas and small cities under
division (A) of this section will not be so used, the director
may
reallocate all or a portion of that amount for other housing
activities. In determining whether or how to reallocate money
under this division, the director may consult with and shall
receive advice from the housing trust fund advisory committee.
Sec. 175.22. (A) The department of development and the
Ohio
housing finance agency shall each develop programs under
which, in
accordance with rules adopted under this section, it
may make
grants, loans, loan guarantees, and loan subsidies to
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations and may make loans, loan
guarantees, and
loan subsidies to private developers and private
lenders to assist
them in activities that will provide housing
and
housing
assistance for specifically targeted low- and
moderate-income
families and individuals.
There shall be no
minimum housing
project size for awards under this division for
any project that
is being developed for a special needs population
and that is
supported by a social service agency where the housing
project
will be located. Activities for which grants, loans,
loan
guarantees, and
loan subsidies may be made
under this section
include
all of the following:
(1) Acquiring, financing, constructing, leasing,
rehabilitating, remodeling, improving, and equipping publicly or
privately owned housing;
(2) Providing supportive services related to housing and
the
homeless, including housing counseling;. Not
more than twenty per
cent of the current year appropriation
authority for the low- and
moderate-income housing trust fund
shall be awarded in any fiscal
year for such supportive services.
(3) Providing rental assistance payments or other project
operating subsidies that lower tenant rents.
(B)
Grants, loans, loan guarantees,
and loan
subsidies may
be
made to counties, municipal
corporations, townships, and
nonprofit
organizations for the
additional purposes of providing
technical
assistance, design and
finance services and
consultation, and
payment of pre-development
and administrative
costs related to any
of the activities listed
above.
(C) In developing programs under this section, the
department and
the agency shall invite, accept, and consider
public
comment, and recommendations from the housing trust fund
advisory
committee created under section 175.25 of the Revised
Code, on
how the programs should be designed to most effectively
benefit
low- and moderate-income families and individuals. The
programs
developed under this section shall respond collectively
to
housing and housing assistance needs of low- and
moderate-income
families and individuals statewide.
(D) The department and
the agency, in accordance with
Chapter
119. of the Revised Code, shall each adopt rules under
which it
shall administer programs developed by it under this
section.
The rules shall prescribe procedures and forms whereby
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations may apply for
grants,
loans, loan
guarantees,
and loan subsidies and private
developers
and private
lenders may apply for loans, loan
guarantees, and loan
subsidies;
eligibility criteria for the
receipt of funds;
procedures for
reviewing and granting or denying
applications;
procedures for
paying out funds; conditions on the
use of funds;
procedures for
monitoring the use of funds; and
procedures under
which a
recipient shall be required to repay
funds that are
improperly
used. The rules adopted by the
department shall do
both of the
following:
(1) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
will provide, or assist in providing, a rental
housing
project, to
reasonably ensure that the rental housing
project
will be
affordable to those families and individuals
targeted for
the
rental housing project for the useful life of the
rental
housing
project or for thirty years, whichever is longer;
(2) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
will provide, or assist in providing, a housing
project to
prepare
and implement a plan to reasonably assist any
families
and
individuals displaced by the housing project in
obtaining
decent
affordable housing.
(E) In prescribing eligibility criteria and conditions for
the use of funds, neither the department nor agency is limited to
the criteria and conditions specified in this section and each
may
prescribe additional eligibility criteria and conditions that
relate to the purposes for which
grants, loans, loan guarantees,
and loan subsidies may be made. However, the
department and
agency are limited by the following specifically
targeted low-
and
moderate-income guidelines:
(1) Not less than seventy-five per cent of the money
granted
and loaned under this section in any
biennium
fiscal year shall be
for
activities that will provide affordable housing and housing
assistance to families and individuals in a county whose incomes
are equal to or less than
fifty per cent of the median
income for
that county, as determined by the department under
section 175.23
of the Revised Code.
(2) The remainder of the money
granted and loaned under
this
section in any
biennium
fiscal year shall be for activities
that
will
provide
affordable housing and housing assistance to
families
and
individuals in a county whose incomes are equal to or
less
than
eighty per cent of the median income for that county, as
determined by the department under section 175.23 of the Revised
Code.
(F) In making
grants, loans, loan guarantees,
and loan
subsidies under this section, the department and
the
agency shall
give preference to viable projects and activities
that will
benefit those families and individuals in a county whose
incomes
are equal to or less than
thirty-five per cent of
the median
income for that county, as determined by the department
under
section 175.23 of the Revised Code. The department and
the
agency
shall monitor the programs developed under this section to
ensure
that money granted and loaned under this section is not
used in a
manner that violates division (H) of section 4112.02 of
the
Revised Code or discriminates against families with children.
Sec. 175.24. (A) Annually, the department of development
shall submit a
report to the president of the senate and the
speaker of the house of
representatives describing the activities
of the department under sections
175.21 to 175.25 of the Revised
Code during the previous
calendar
state fiscal year.
(B) Annually, the Ohio housing finance agency shall submit a
report to the
president of the senate and the speaker of the house
of representatives
describing the activities of the agency under
sections 175.21, 175.22, and
175.24 of the Revised Code during the
previous
calendar
state fiscal year.
Sec. 179.02. (A) There is hereby established the Ohio
commission on dispute resolution and conflict management,
consisting of twelve members, unless a vacancy exists in an
appointment at any given time. The purpose of the commission is
to
provide, coordinate, fund, and evaluate dispute resolution and
conflict management education, training, and research programs in
this state, and to consult with, educate, train, provide
resources
for, and otherwise assist and facilitate other persons
and public
or private agencies, organizations, or entities that
are engaged
in activities related to dispute resolution and
conflict
management. Four members of the commission shall be
appointed by
the governor, four members shall be appointed by the
chief justice
of the supreme court, two members shall be
appointed by the
president of the senate, and two members shall
be appointed by the
speaker of the house of representatives.
Within thirty days after
the effective date of this
section
June 30, 1995, the governor, the chief justice of the supreme
court,
the president of the senate, and the speaker of the house
of
representatives shall make initial appointments to the
commission. Of the initial appointments made to the commission
by
the governor and the chief justice, two each shall be for a
term
ending two years after
the effective date of this section
June 30,
1995, and two each shall be for a term ending four years after
that
date. Of the initial appointments made to the commission by
the
president of the senate and the speaker of the house of
representatives, one each shall be for a term ending two years
after
the effective date of this section
June 30, 1995, and one
each shall be
for a term ending four years after that date.
Thereafter, terms
of office shall be for three years, with each
term ending on the
same day of the same month of the year as the
term that it
succeeds. Each member shall hold office from the
date of
appointment until the end of the term for which appointed.
Members may be reappointed.
Vacancies
Vacancies shall be filled in the
manner provided for original
appointments. Any member appointed
to fill a vacancy occurring
prior to the expiration date of the
term for which the member's
predecessor was appointed shall hold office as
a member for the
remainder of that term.
A
A member shall continue
in office subsequent to the
expiration date of the member's term until
a
the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first.
(B) The commission shall meet within two weeks after all
of
its
initial members have been appointed, at a time and place
determined by the governor. Thereafter, the commission shall
meet
at least quarterly, or more often upon the call of the
chairman
chairperson or at the request of the executive director
of the
commission.
The
The commission shall organize by selecting from
among its
members a
chairman
chairperson, a
vice-chairman
vice-chairperson,
and
such other
necessary officers
as are necessary. All officers
shall be elected
annually by vote of the members of the
commission.
Each
Each member
of the commission shall have one vote.
Seven
A
majority of the members
constitute
of the commission, as it exists
at any given time, constitutes a quorum, and the votes of a
majority of the members present
at a meeting of the commission are
required to validate an action of the commission.
(C) The members of the commission shall serve without
compensation, but each member shall be reimbursed for actual and
necessary expenses incurred in the performance of official
duties,
and actual mileage for each mile necessarily traveled in
the
performance of official duties.
Sec. 179.03. (A) The Ohio commission on dispute
resolution
and conflict management shall do all of the following:
(1) Appoint and set the compensation of an executive
director, who shall serve at the pleasure of the commission;
(2) Establish and maintain a central office;
(3) Adopt rules to govern the application for, and the
awarding of, grants made available by the commission under
sections 179.01 to 179.04 of the Revised Code out of the
dispute
resolution and conflict management commission gifts, grants, and
reimbursements fund established by division (C) of this section;
(4) Seek, solicit, and apply for grants from any public or
private source to provide for the operation of dispute resolution
and conflict management programs in this state;
(5) Adopt standards for the evaluation of dispute
resolution
and conflict management programs funded pursuant to
sections
179.01 to 179.04 of the Revised Code;
(6) Provide technical aid and assistance to dispute
resolution and conflict management programs, to centers that
provide these programs, and to public and private agencies and
organizations that provide these programs or engage in dispute
resolution and conflict management
activities
services;
(7) Approve an annual operating budget;
(8) Prepare an annual report on the operation of the
commission and the office established by the commission, and
provide the report to the governor, the supreme court, and the
general assembly.
(B) The commission may do any of the following:
(1) Receive and accept donations, grants, awards,
bequests,
gifts, reimbursements, and similar funds from any lawful source;
(2) Accept the services of volunteer workers and
consultants
at no compensation, other than reimbursement for
actual and
necessary expenses incurred in the performance of
their official
duties, and reimburse any volunteer workers or
consultants for
their actual and necessary expenses so incurred;
(3) Prepare and publish statistical data and case studies
and other data pertinent to the development, operation, and
evaluation of dispute resolution and conflict management programs
and centers that provide these programs or engage in dispute
resolution and conflict management services;
(4) Conduct programs that have a general objective of
training and educating mediators and other persons engaged in
providing dispute resolution and conflict management services;
(5) Develop programs and curricula that are designed to
provide dispute resolution and conflict management training and
education for public and private education, as well as other
appropriate education forums;
(6) Enter into contracts for dispute resolution and conflict
management
services
or authorize the executive director to enter
into those contracts.
(C) There is hereby established in the state treasury the
dispute resolution and conflict management commission gifts,
grants, and
reimbursements fund. All donations, grants, awards,
bequests, gifts,
and
reimbursements, and similar funds received by
the commission under this section
shall be deposited in the fund.
Sec. 179.04. (A) No person shall be appointed executive
director of the Ohio commission on dispute resolution and
conflict
management unless the person is trained in law, public
affairs,
business administration, or social sciences and the
person has
experience in administering dispute resolution and
conflict
management programs or services. The executive director
appointed
by the commission shall serve at the pleasure of the
commission.
(B) The executive director shall do both of the following:
(1) Appoint and set the compensation of personnel who are
necessary for the efficient operation of the office established
by
the commission, with the approval of the commission;
(2) Keep and maintain financial records pertaining to the
awarding of grants and contracts authorized
pursuant to
under
sections
179.01 to 179.04 of the Revised Code, and report
periodically,
but not less than annually, to the commission on all
relevant
data pertaining to the operations, costs, and projected
needs of
the office established by the commission and on
recommendations
for legislation or amendments to court rules that
may be
appropriate to improve dispute resolution and conflict
management
programs.
(C) The executive director may do any of the following:
(1) Make all necessary arrangements to coordinate the
services of the office established by the commission with any
federal, state, county, municipal, township, or private entity or
program established to provide dispute resolution and conflict
management services and to obtain and provide all funds allowable
from any such entity or under any such
programs
program;
(2) Consult and cooperate with professional groups
concerned
with the study, development, implementation, and
evaluation of
dispute resolution and conflict management programs
and services
and the operation of the
state dispute resolution
and conflict
management office established by the commission;
(3) Accept the services of volunteer workers and
consultants
at no compensation, other than reimbursement for
actual and
necessary expenses incurred in the performance of
their official
duties, and provide for the reimbursement of any
volunteer workers
or consultants for their actual and necessary
expenses so
incurred;
(4) Prescribe any forms that are necessary for the uniform
operation of sections 179.01 to 179.04 of the Revised Code;
(5) With the authorization of the commission, enter into
contracts for dispute resolution
and conflict management services.
Sec. 181.51. As used in sections 181.51 to 181.56 of the
Revised Code:
(A)
"Federal criminal justice acts" means any federal law
that authorizes financial assistance and other forms of
assistance
to be given by the federal government to the states to
be used for
the improvement of the criminal and juvenile justice
systems of
the states.
(B)(1)
"Criminal justice system" includes all of the
functions of the following:
(a) The state highway patrol, county sheriff offices,
municipal and township police departments, and all other law
enforcement agencies;
(b) The courts of appeals, courts of common pleas,
municipal
courts, county courts, and mayor's courts, when dealing
with
criminal cases;
(c) The prosecuting attorneys, city directors of law,
village solicitors, and other prosecuting authorities when
prosecuting or otherwise handling criminal cases and the county
and joint county public defenders and other public defender
agencies or offices;
(d) The department of rehabilitation and correction,
probation departments, county and municipal jails and workhouses,
and any other department, agency, or facility that is concerned
with the rehabilitation or correction of criminal offenders;
(e) Any public or private agency whose purposes include
the
prevention of crime or the diversion, adjudication,
detention, or
rehabilitation of criminal offenders;
(f) Any public or private agency, the purposes of which
include assistance to crime victims or witnesses.
(2) The inclusion of any public or private agency, the
purposes of which include assistance to crime victims or
witnesses, as part of the criminal justice system pursuant to
division (B)(1) of this section does not limit, and shall not be
construed as limiting, the discretion or authority of the
attorney
general with respect to crime victim assistance and
criminal
justice programs.
(C)
"Juvenile justice system" includes all of the
functions
of the juvenile courts, the department of youth
services, any
public or private agency whose purposes include the
prevention of
delinquency or the diversion, adjudication,
detention, or
rehabilitation of delinquent children, and any of
the functions of
the criminal justice system that are applicable
to children.
(D)
"Comprehensive plan" means a document that
coordinates,
evaluates, and otherwise assists, on an annual or
multi-year
basis,
all
any of the functions of the criminal and
juvenile
justice
systems of the state or a specified area of the
state,
that
conforms to the priorities of the state with respect
to
criminal
and juvenile justice systems, and that conforms with
the
requirements of all federal criminal justice acts. These
functions
may include, but are not limited to,
all
any of the
following:
(1) Crime and delinquency prevention;
(2) Identification, detection, apprehension, and detention
of persons charged with criminal offenses or delinquent acts;
(3) Assistance to crime victims or witnesses, except that
the comprehensive plan does not include the functions of the
attorney general pursuant to sections 109.91 and 109.92 of the
Revised Code;
(4) Adjudication or diversion of persons charged with
criminal offenses or delinquent acts;
(5) Custodial treatment of criminal offenders
and,
delinquent
children, or both;
(6) Institutional and noninstitutional rehabilitation of
criminal offenders
and, delinquent children, or both.
(E)
"Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 181.54 of the Revised Code.
(F)
"Administrative planning district" means a district
that
is established pursuant to division (A)
or (B) of section 181.56
of
the Revised Code.
(G)
"Criminal justice coordinating council" means a
criminal
justice services agency that is established pursuant to
division
(B)(D) of section 181.56 of the Revised Code.
(H)
"Local elected official" means any person who is a
member
of a board of county commissioners or township trustees or
of a
city or village council, judge of the court of common pleas,
a
municipal court, or a county court, sheriff, county coroner,
prosecuting attorney, city director of law, village solicitor, or
mayor.
(I)
"Juvenile justice coordinating council" means a juvenile
justice services agency that is established pursuant to division
(D) of section 181.56 of the Revised Code.
Sec. 181.52. (A) There is hereby created an office of
criminal justice services. The governor shall appoint a director
of the office, and the director may
appoint, within the office,
any professional and technical
personnel and other employees that
are necessary to enable the
office to comply with sections 181.51
to 181.56 of the Revised
Code. The director and the assistant
director of the office, and
all professional and technical
personnel employed within the
office who are not public employees
as defined in section 4117.01
of the Revised Code, shall be in the
unclassified civil service,
and all other persons employed within
the office shall be in the
classified civil service. The director
may enter into any
contracts, except contracts governed by Chapter
4117. of the
Revised Code, that are necessary for the operation of
the office.
(B) Subject to division
(D)(E) of this section and subject
to
divisions
(D) to (F) of section 5120.09 of the Revised Code
insofar as those
divisions relate to federal criminal justice acts
that the governor requires
the department of rehabilitation and
correction to administer, the office
of criminal justice services
shall do all of the following:
(1) Serve as the state criminal justice services agency
and
perform criminal
and juvenile justice system planning in the
state, including any planning that is required by any federal
law;
(2) Collect, analyze, and correlate information and data
concerning the criminal
and juvenile justice
systems
system in the
state;
(3) Cooperate with and provide technical assistance to
state
departments, administrative planning districts,
metropolitan
county criminal justice services agencies, criminal
justice
coordinating councils, agencies, offices, and departments
of the
criminal
and juvenile justice
systems
system in the state, and
other appropriate organizations and persons;
(4) Encourage and assist agencies, offices, and
departments
of the criminal
and juvenile justice
systems
system in the
state
and other appropriate organizations and persons to solve
problems
that relate to the duties of the office;
(5) Administer within the state any federal criminal
justice
acts
or juvenile justice acts that the governor requires
it to
administer;
(6)
Administer funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended, with all powers necessary for the adequate
administration of those funds, including the authority to
establish a family violence prevention and services program.
(7) Implement the state comprehensive plans;
(7)(8) Audit grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the office;
(8)(9) Monitor or evaluate the performance of criminal
and
juvenile justice
systems
system projects and programs in the state
that
are financed in whole or in part by funds granted through the
office;
(9)(10) Apply for, allocate, disburse, and account for
grants
that are made available pursuant to federal criminal
justice acts
or juvenile justice acts, or made available from
other federal,
state, or private sources, to improve the criminal
and juvenile
justice
systems
system in the state. All money from
such federal
grants
shall, if the terms under which the money is
received
require that
the
money be deposited into an
interest-bearing fund
or account,
be deposited in
the state
treasury to the credit of
the federal
program purposes fund, which
is hereby created. All
investment
earnings of the fund shall be
credited to
the fund.
(10)(11) Contract with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the office;
(11)(12) Oversee the activities of metropolitan county
criminal
justice services agencies, administrative planning
districts, and
criminal justice coordinating councils in the
state;
(12)(13) Advise the general assembly and governor on
legislation
and other significant matters that pertain to the
improvement and
reform of criminal and juvenile justice systems
in
the state;
(13)(14) Prepare and recommend legislation to the general
assembly and governor for the improvement of the criminal and
juvenile justice systems in the state;
(14)(15) Assist, advise, and make any reports that are
requested
or required by the governor, attorney general, or
general
assembly;
(15)(16) Adopt rules pursuant to Chapter 119. of the Revised
Code.
(C)
Division
Upon the request of the governor, the office of
criminal justice services may do any of
the
following:
(1) Collect, analyze, or correlate information and data
concerning the juvenile justice system in the state;
(2) Cooperate with and provide technical assistance to state
departments, administrative planning districts, metropolitan
county criminal justice service agencies, criminal justice
coordinating councils, agency offices, and the departments of the
juvenile justice system in the state and other appropriate
organizations and persons;
(3) Encourage and assist agencies, offices, and departments
of the juvenile justice system in the state and other appropriate
organizations and persons to solve problems that relate to the
duties of the office.
(D)
Divisions (B)
and (C) of this section
does
do not limit
the
discretion or authority
of the attorney general with respect
to
crime victim assistance and
criminal justice programs.
(D)(E) Nothing in this section is intended to diminish or
alter the status of the office of the attorney general as a
criminal justice services agency.
Sec. 181.54. (A) A county may enter into an agreement
with
the largest city within the county to establish a
metropolitan
county criminal justice services agency, if the
population of the
county exceeds five hundred thousand or the
population of the city
exceeds two hundred fifty thousand.
(B) A metropolitan county criminal justice services agency
shall do all of the following:
(1) Accomplish criminal and juvenile justice systems
planning within its services area;
(2) Collect, analyze, and correlate information and data
concerning the criminal and juvenile justice systems within its
services area;
(3) Cooperate with and provide technical assistance to all
criminal and juvenile justice agencies and systems and other
appropriate organizations and persons within its services area;
(4) Encourage and assist agencies of the criminal and
juvenile justice systems and other appropriate organizations and
persons to solve problems that relate to its duties;
(5) Administer within its services area any federal
criminal
justice acts or juvenile justice acts that the office of
criminal
justice services
pursuant to section 5139.11 of the Revised Code
or the department of youth services administers
within the state;
(6) Implement the comprehensive plans for its services
area;
(7) Monitor or evaluate, within its services area, the
performance of the criminal and juvenile justice systems projects
and programs that are financed in whole or in part by funds
granted through it;
(8) Apply for, allocate, and disburse grants that are made
available pursuant to any federal criminal justice acts, or
pursuant to any other federal, state, or private sources for the
purpose of improving the criminal and juvenile justice systems;
(9) Contract with federal, state, and local agencies,
foundations, corporations, and other businesses or persons to
carry out the duties of the agency.
Sec. 181.55. (A)(1) When funds are available for
this
purpose
criminal justice purposes pursuant to section 181.54 of
the Revised Code, the office of criminal justice services shall
provide
funds to metropolitan county criminal justice services
agencies
for the purpose of developing, coordinating, evaluating,
and
implementing comprehensive plans within their respective
counties. The office of criminal justice services shall provide
funds to an agency only if it complies with the conditions of
division (B) of this section.
(2) When funds are available for juvenile justice purposes
pursuant to section 181.54 of the Revised Code, the department of
youth services shall provide funds to metropolitan county criminal
justice services agencies for the purpose of developing,
coordinating, evaluating, and implementing comprehensive plans
within their respective counties. The department shall provide
funds to an agency only if it complies with the conditions of
division (B) of this section.
(B) A metropolitan county criminal justice services agency
shall do all of the following:
(1) Submit, in a form that is acceptable to the office of
criminal justice services
or the department of youth services
pursuant to section 5139.01 of the Revised Code, a comprehensive
plan for the county;
(2) Establish a metropolitan county criminal justice
services supervisory board whose members shall include a majority
of the local elected officials in the county and representatives
from law enforcement agencies, courts, prosecuting authorities,
public defender agencies, rehabilitation and correction agencies,
community organizations, juvenile justice services agencies,
professionals, and private citizens in the county, and that shall
have the authority set forth in division (C) of this section;
(3) Organize in the manner provided in sections 167.01 to
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised
Code,
unless the board created pursuant to division (B)(2) of
this
section organizes pursuant to these sections.
(C) A metropolitan county criminal justice services
supervisory board shall do all of the following:
(1) Exercise leadership in improving the quality of the
criminal and juvenile justice systems in the county;
(2) Review, approve, and maintain general oversight of the
comprehensive plans for the county and the implementation of the
plans;
(3) Review and comment on the overall needs and
accomplishments of the criminal and juvenile justice systems in
the county;
(4) Establish, as required to comply with this division,
task forces, ad hoc committees, and other committees, whose
members shall be appointed by the
chairman
chairperson of the
board;
(5) Establish any rules that the board considers necessary
and that are consistent with the federal criminal justice acts
and
section 181.52 of the Revised Code.
Sec. 181.56. (A) In counties in which a metropolitan
county
criminal justice services agency does not exist, the
office of
criminal justice services shall discharge the office's
duties
that
the governor requires it to administer by
establishing
administrative planning districts
for criminal
justice programs.
An
administrative planning district shall
contain a group of
contiguous counties in which no county has a
metropolitan county
criminal justice services agency.
(B)
In counties in which a metropolitan county
criminal
justice services agency does not exist, the department of
youth
services shall discharge pursuant to section 5139.11 of the
Revised Code the department's duty by
establishing
administrative
planning districts for juvenile
justice programs.
(C) All administrative planning districts shall contain a
group of
contiguous counties in which no county has a metropolitan
county
criminal justice services agency.
(D) Any county or any combination of contiguous counties
within an administrative planning district may form a criminal
justice coordinating council
or a juvenile justice coordinating
council for its respective programs, if the county or the group of
counties has a total population in excess of two hundred fifty
thousand. The council shall comply with the conditions set forth
in divisions (B) and (C) of section 181.55 of the Revised Code,
and exercise within its jurisdiction the powers and duties set
forth in division (B) of section 181.54 of the Revised Code.
Sec. 183.09. The fiscal year of the tobacco use prevention
and
control foundation shall be the same as the fiscal year of the
state.
Within ninety days after the end of each fiscal year, the
foundation shall submit to the governor and the general assembly
both of
the following:
(A) A report of the activities of the foundation during the
preceding fiscal year and an independent and objective evaluation
of the
progress being made by the foundation in reducing
tobacco
use by Ohioans;
(B) A financial report of the foundation for the preceding
fiscal
year, which shall include both:
(1) Information on the amount and percentage of overhead and
administrative expenditures compared to programmatic expenditures;
(2) An independent auditor's report on the
general purpose
basic
financial statements
and required supplementary information
of the foundation. Such financial
statements shall
be prepared in
conformity with generally accepted
accounting principles
prescribed for governmental entities.
Sec. 183.10. The law enforcement improvements trust fund is
hereby created in the state treasury. Money credited to the fund
shall
be used by the attorney general to maintain, upgrade, and
modernize the
law enforcement training, law enforcement
technology, and laboratory
facilities
equipment of the office of
the
attorney general. All investment earnings of
the fund shall
be
credited to the fund.
Sec. 183.17. The fiscal year of the southern Ohio
agricultural
and community development foundation shall be the
same as the fiscal year
of the state.
Within ninety days after the end of each fiscal year, the
foundation shall submit to the governor and the general assembly
both of
the following:
(A) A report of the activities of the foundation during the
preceding fiscal year. The report shall also contain an
independent
evaluation of the progress being made by the
foundation in
carrying out its duties.
(B) A financial report of the foundation for the preceding
year,
which shall include both:
(1) Information on the amount and percentage of overhead and
administrative expenditures compared to programmatic expenditures;
(2) An independent auditor's report on the
general purpose
basic
financial statements
and required supplementary information
of the foundation. Such financial
statements shall
be prepared in
conformity with generally accepted
accounting principles
prescribed for governmental entities.
On or before July 1, 2010, the foundation shall report to the
governor and the general assembly on the progress that the
foundation has made
in replacing the production of tobacco in
southern Ohio with the production of other agricultural products
and in mitigating the adverse economic impact of reduced tobacco
production in
the region.
In
If the
foundation concludes that a
need
for additional funding still exists, the
foundation may
request
that provision be made for a portion of the payments
credited to
the tobacco master settlement agreement fund to
continue to be
transferred to the southern Ohio agricultural and
community
development trust fund.
Sec. 183.28. The education technology trust fund is hereby
created in the state treasury. Money credited to the fund shall
be used to pay costs of
new and innovative technology for primary
and secondary education, including chartered nonpublic schools,
and higher education, including state institutions of higher
education and
private nonprofit institutions of higher education
holding certificates of
authorization
the Ohio SchoolNet
commission under section
1713.02
3301.80 of the Revised Code.
All
investment earnings of the fund shall
be credited to the fund.
Sec. 183.30. (A)
No
Except as provided in division (D) of
this section, no more than five per cent of the total
expenditures
of the tobacco use prevention and control foundation in a fiscal
year shall be for administrative expenses of the
foundation.
(B)
No
Except as provided in division (D) of this section, no
more than five per cent of the total expenditures of the
southern
Ohio agricultural and community development foundation in
a fiscal
year shall be for administrative expenses of the
foundation.
(C)
No
Except as provided in division (D) of this section, no
more than five per cent of the total expenditures of the
biomedical research and technology transfer commission in a fiscal
year shall be for administrative expenses of the commission.
(D) This section's five per cent limitation on
administrative expenses does not apply in fiscal years 2001 and
2002.
Sec. 301.27. (A) As used in this section:
(1) "Credit card" includes a gasoline credit card and a
telephone credit card.
(2) "Officer" includes an individual who also is an
appointing authority.
(3) "Gasoline and oil expenses," "minor motor vehicle
maintenance expenses," and "emergency motor vehicle repair
expenses" refer to only those expenses incurred for motor
vehicles
owned or leased by the county.
(B) A credit card held by a board of county commissioners
or
the office of any other county appointing authority shall be
used
only to pay work-related
food, transportation, gasoline
expenses,
limited to the following:
(2) Transportation expenses;
(3) Gasoline and oil, minor
expenses;
(4) Minor
motor
vehicle maintenance, emergency;
(5) Emergency motor vehicle repair, telephone, lodging, and
internet
expenses;
(8) Internet service provider expenses;
(9) In the case of a public children services agency,
expenses for purchases for children for whom the agency is
providing temporary emergency care pursuant to section 5153.16 of
the Revised Code, children in the temporary or permanent
custody
of the agency, and children in a planned permanent living
arrangement.
(C) A county appointing authority may apply to the board
of
county commissioners for authorization to have an officer or
employee of the appointing authority use a credit card held by
that appointing authority. The authorization request shall state
whether the card is to be issued only in the name of the office
of
the appointing authority itself or whether the issued card
shall
also include the name of a specified officer or employee.
(D) The debt incurred as a result of the use of a credit
card pursuant to this section shall be paid from moneys
appropriated to the appointing authority for work-related
food,
transportation,
gasoline and oil, minor motor vehicle maintenance,
emergency
motor vehicle repair, telephone, lodging, and internet
service provider
expenses
listed in division (B) of this section.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, every officer or employee authorized to use a
credit
card held by the board or appointing authority shall
submit to the
board by the first day of each month an estimate of
the officer's
or employee's work-related
food, transportation, gasoline and
oil,
minor motor vehicle
maintenance, emergency motor vehicle repair,
telephone, lodging, and internet
service provider expenses
listed
in division (B) of this section for that month, unless the
board
authorizes, by
resolution, the officer or employee to submit to
the board such
an estimate for a period longer than one month.
The
board may
revise the estimate and determine the amount it
approves, if any,
not to exceed the estimated amount. The board
shall certify the
amount of its determination to the county
auditor along with the
necessary information for the auditor to
determine the
appropriate appropriation line item from which such
expenditures
are to be made. After receiving certification from
the county
auditor that the determined sum of money is in the
treasury or in
the process of collection to the credit of the
appropriate
appropriation line item for which the credit card is
approved for
use, and is free from previous and then-outstanding
obligations
or certifications, the board shall authorize the
officer or
employee to incur debt for such expenses against the
county's
credit up to the authorized amount.
(2) In lieu of following the procedure set forth in
division
(E)(1) of this section, a board of county commissioners
may adopt
a resolution authorizing an officer or employee of an
appointing
authority to use a county credit card to pay for
specific classes
of the work-related expenses listed in division
(B) of this
section, or use a specific credit card for any of
those
work-related expenses listed in division (B) of this
section,
without submitting an estimate of those expenses to the
board as
required by division (E)(1) of this section. Prior to
adopting
the resolution, the board shall notify the county
auditor. The
resolution shall specify whether the officer's or
employee's
exemption extends to the use of a specific card, which
card shall
be identified by its number, or to one or more
specific
work-related uses from the classes of uses permitted
under
division (B) of this section. Before any credit card
exempted for
specific uses may be used to make purchases for
uses other than
those specific uses listed in the resolution, the
procedures
outlined in division (E)(1) of this section must be
followed or
the use shall be considered an unauthorized use. Use
of any
credit card under division (E)(2) of this section shall be
limited
to the amount appropriated and encumbered in a specific
appropriation line item for the permitted use or uses designated
in the authorizing resolution, or, in the case of a resolution
that authorizes use of a specific credit card, for each of the
permitted uses listed in division (B) of this section, but only
to
the extent the moneys in such appropriations are not otherwise
encumbered.
(F)(1) Any time a county credit card approved for use for
an
authorized amount under division (E)(1) of this section is
used
for more than that authorized amount, the appointing
authority may
request the board of county commissioners to
authorize after the
fact the expenditure of any amount charged
beyond the originally
authorized amount if, upon the board's
request, the county auditor
certifies that sum of money is in the
treasury or in the process
of collection to the credit of the
appropriate appropriation line
item for which the credit card was
used and is free from previous
and then-outstanding obligations
or certifications. If the card
is used for more than the amount
originally authorized and if for
any reason that amount is not
authorized after the fact, then the
county treasury shall be
reimbursed for any amount spent beyond
the originally authorized
amount in the following manner:
(a) If the card is issued in the name of a specific
officer
or employee, then that officer or employee is liable in
person and
upon any official bond the officer or employee has
given to the
county to
reimburse the county treasury for the amount charged to
the
county beyond the originally authorized amount.
(b) If the card was issued to the office of the appointing
authority, then the appointing authority is liable in person and
upon any official bond the appointing authority has given to
the
county for the amount
charged to the county beyond the originally
authorized amount.
(2) Any time a county credit card authorized for use under
division (E)(2) of this section is used for more than the amount
appropriated under that division, the appointing authority may
request the board of county commissioners to issue a supplemental
appropriation or make a transfer to the proper line item account
as permitted in section 5705.40 of the Revised Code, to cover the
amount charged beyond the originally appropriated amount. If the
card is used for more than the amount originally appropriated and
if for any reason that amount is not appropriated or transferred
as permitted by this section, then the county treasury shall be
reimbursed for any amount spent beyond the originally
appropriated
amount in the following manner:
(a) If the card is issued in the name of a specific
officer
or employee, then that officer or employee is liable in
person and
upon any official bond the officer or employee has
given to the
county for
reimbursing the county treasury for any amount charged
on the
card beyond the originally appropriated amount.
(b) If the card is issued in the name of the office of the
appointing authority, then the appointing authority is liable in
person and upon any official bond the appointing authority
has
given to the county for
reimbursement for any amount charged on
the card beyond the
originally appropriated amount.
(3) Whenever any officer or employee authorized to use a
credit card held by the board or the office of any other county
appointing authority suspects the loss, theft, or possibility of
unauthorized use of the county credit card the officer or
employee
is authorized to
use, the officer or employee shall so notify
the
officer's or employee's appointing authority or the board
immediately and in writing.
(4) If the county auditor determines there has been a
credit
card expenditure beyond the appropriated or authorized
amount as
provided in division (E) of this section, the auditor
immediately
shall notify the board of county
commissioners of this
fact. When
the board of county commissioners determines on its
own or after
notification from the county auditor that the county
treasury
should be reimbursed for credit card expenditures beyond
the
appropriated or authorized amount as provided in divisions
(F)(1)
and (2) of this section, it shall give written notice to
the
officer or employee or appointing authority
liable to the
treasury
as provided in divisions (F)(1) and (2) of this section.
If,
within thirty days after issuance of this written notice the
county treasury is not reimbursed for the amount shown on the
written notice, the prosecuting attorney of the county shall
recover that amount from the officer or employee or appointing
authority who is liable under this section by civil action in any
court of appropriate jurisdiction.
(G) Use of a county credit card for any use other than
those
permitted under division (B) of this section is a violation
of law
for the purposes of section
2913.21 of the Revised Code.
Sec. 313.091. In connection with the performance of duties
performed in
accordance with
under this chapter, a coroner, deputy
coroner, or representative of
a coroner or deputy
coroner may
request, in writing, to inspect and receive a copy of the
deceased
person's medical and psychiatric records. The person to whom the
request is delivered shall make such records in the person's
custody available
during normal business hours to the coroner,
deputy coroner, or representative
for purposes of inspection and
copying. A person who provides copies of
medical or psychiatric
records pursuant to a request made under this section
may request,
in writing, reimbursement in a specified amount for the necessary
and reasonable costs of copying the records, in which case the
coroner, deputy
coroner, or representative shall remit that amount
to the person upon receipt
of the copies.
Any medical or psychiatric record provided to a coroner,
deputy coroner, or representative of a coroner or deputy coroner
under this
section is not a public record subject to section
149.43 of the Revised Code. The release of a
deceased person's
medical or psychiatric records to a coroner, deputy
coroner, or
representative of a coroner or deputy coroner in accordance with
this section does not violate division (B)(4) of section 4731.22
or section 5122.31 of
the Revised Code.
As used in this section and section 313.10 of the Revised
Code, "medical record" has the
same meaning as in division (A)(3)
of section 149.43 of the
Revised Code.
Sec. 325.071. There shall be allowed annually to the
sheriff,
in addition to all salary and allowances otherwise
provided by law, an amount
equal to one-half of the official
salary allowed
under
sections
division (A) of section 325.06 and
section 325.18
of the
Revised Code, to provide for expenses
that
the sheriff incurs in the
performance of the sheriff's official
duties and in the
furtherance of justice.
Upon
the order of the
sheriff, the county auditor shall draw
the auditor's warrant on
the county treasurer, payable to the sheriff or any
other person
as
the order designates, for the amount the order
requires. The
amounts the order requires,
not exceeding the amount provided by
this section, shall be
paid out of the general fund of the county.
Nothing shall be paid under this section until the sheriff
gives
bond to the state in an amount not less than
the sheriff's
official salary, to be fixed by the
court
of common pleas or the
probate court, with sureties to be approved
by either of those
courts.
The bond shall be conditioned that the sheriff will
faithfully discharge all the duties enjoined upon the
sheriff, and
pay over all
moneys the sheriff receives in
an official capacity.
The bond, with the approval
of the court of common pleas or the
probate court of
the amount of the bond and the sureties on
the
bond, shall be deposited with the county treasurer.
The sheriff annually, before the first Monday of January,
shall file with the county auditor an itemized statement, verified
by
the sheriff, as to the manner in which the
fund provided by
this section has been expended during the current
year, and, if
any part of that fund
remains in the sheriff's hands unexpended,
forthwith
shall pay the remainder into the county treasury.
Sec. 329.042. The county department of job and family
services
shall certify public assistance and nonpublic assistance
households eligible under the
"Food Stamp Act of 1964," 78 Stat.
703, 7 U.S.C.A. 2011, as amended, and federal and state
regulations adopted pursuant to such act, to enable low-income
households to participate in the food stamp program and thereby
to
purchase foods having a greater monetary value than is
possible
under public assistance standard allowances or other
low-income
budgets.
The county department of job and family services shall
administer
the distribution of food stamp
coupons
benefits under
the supervision of
the department of job and family services.
Such
coupons
The benefits
shall be
distributed by
mail in accordance
with sections 5101.541,
5101.542, and 5101.543 of the Revised
Code, or by some
alternative
a method approved by the department
of job and
family services
in accordance with the
"Food Stamp Act
of 1964," 78 Stat. 703, 7
U.S.C.A. 2011, as amended, and
regulations issued thereunder.
The document referred to as the
"authorization-to-participate
card," which shows the face value
of the
coupon allotment
benefits
an eligible household is entitled to
receive on presentment of the
document, shall be issued,
immediately upon certification, to a
household determined under
division (C) of section 5101.54 of the
Revised Code to be in
immediate need of food assistance by being
personally handed by a
member of the staff of the county
department of job and
family services to
the member of the
household in whose name application was made
for participation in
the program or the authorized
representative of such member of the
household.
Sec. 5101.19
329.19.
(A) Upon determining that a person or
persons are eligible for
aid payments
benefits or services under
Chapter 5107. or
5115. of the Revised Code
any assistance program
administered by the county department of job and family services,
the county department may issue an identification card
shall be
issued
to the
individual designated to receive warrants for aid
payments
person or persons.
Such cards may be made up and issued
by the county department of
job and family services, or the
department of
job and family services
may enter into a contract
with any person, corporation, or
agency, public or private, to
furnish cards to individuals
certified by the county department.
The
county department
of job and
family services shall determine
the card's material, design, and
informational content, which
shall
may include a photograph, social
security number, name, and
signature, and shall prescribe the
procedure by which it is
issued.
(B) Any county department of job and family services
which
on July
7, 1972 is furnishing identification cards to individuals
designated to receive warrants for aid payments under Chapter
5107. of the Revised Code, may continue to issue such
cards and
may issue identification cards to individuals designated to
receive
warrants for aid payments under Chapter 5115. of the
Revised Code under
procedures developed by the county, in lieu of
those
established under division (A) of this section, provided:
(1) The information borne on the card is substantially the
same as that required in division (A) of this section;
(2) The county complies with any regulations adopted by
the
director of job and family
services which are
applicable to such a
procedure.
(C) The individual designated to receive warrants for aid
payments shall present the identification card issued under this
section as a condition for the acceptance and payment of the
warrants.
In issuing identification cards under this section, the
county department shall comply with any state or federal laws
governing the issuance of the cards. All expenses incurred in
issuing the
issuance of
identification cards
under this section
shall be paid from funds
appropriated
available to the
county
department
of job and family
services
for administrative expenses.
Sec. 340.16. Not later than ninety days after the effective
date of this section, the department of mental health and the
department of job and family services shall adopt rules that
establish requirements and procedures for prior notification and
service coordination between public children services agencies and
boards of alcohol, drug addiction, and mental health services when
a public children services agency refers a child in its custody to
a board for services funded by the board. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
The department of mental health and department of job and
family services shall collaborate in formulating a plan that
delineates the funding responsibilities of public children
services agencies and boards of alcohol, drug addiction, and
mental health services for services provided under section
5111.022 of the Revised Code to children in the custody of public
children services agencies. The departments shall complete the
plan not later than ninety days after the effective date of this
section.
Sec. 349.01. As used in this chapter:
(A)
"New community" means a community or an addition to an
existing community planned pursuant to this chapter so that it
includes facilities for the conduct of industrial, commercial,
residential, cultural, educational, and recreational activities,
and designed in accordance with planning concepts for the
placement of utility, open space, and other supportive
facilities.
(B)
"New community development program" means a program
for
the development of a new community characterized by
well-balanced
and diversified land use patterns and which
includes land
acquisition and land development, the acquisition,
construction,
operation, and maintenance of community
facilities,
and the
provision of services authorized in
sections 349.01 to
349.16 of
the Revised Code
this chapter.
(C)
"New community district" means the area of land
described
by the developer in the petition as set forth in
division (A) of
section 349.03 of the Revised Code for
development
as a new
community and any lands added to
such
the
district by
amendment of
the resolution establishing the
community authority.
(D)
"New community authority" means a body corporate and
politic in this state, established pursuant to section 349.03 of
the Revised Code and governed by a board of trustees as provided
in section 349.04 of the Revised Code.
(E)
"Developer" means any person, organized for carrying
out
a new community development program who owns or
controls, through
leases of at least seventy-five years' duration,
options,
or
contracts to purchase, the land within a new community
district,
or any
municipality
municipal corporation, county,
or port
authority that owns the land
within a new community district,
or
has the ability to acquire
such land, either by voluntary
acquisition or condemnation in
order to eliminate slum, blighted,
and deteriorated or
deteriorating areas and to prevent the
recurrence thereof.
(F)
"Organizational board of commissioners" means, if the
new
community district is located in only one county, the board
of
county commissioners of such county; if located in more than
one
county, a board consisting of the members of the board of
county
commissioners of each of the counties in which the
district is
located, provided that action of such board shall
require a
majority vote of the members of each separate board of
county
commissioners; or, if more than half of the new community
district
is located within the boundaries of the most populous
municipal
corporation of a county, the legislative authority of
the
municipal corporation.
(G)
"Land acquisition" means the acquisition of real
property
and interests in real property as part of a new
community
development program.
(H)
"Land development" means the process of clearing and
grading land, making, installing, or constructing water
distribution systems, sewers, sewage collection systems, steam,
gas, and electric lines, roads, streets, curbs, gutters,
sidewalks, storm drainage facilities, and other installations or
work, whether within or without the new community district, and
the construction of community facilities.
(I)
"Community facilities" means all real property,
buildings, structures, or other facilities, including related
fixtures, equipment, and furnishings, to be owned, operated,
financed, constructed, and maintained under this chapter,
including public, community, village, neighborhood, or town
buildings, centers and plazas, auditoriums, day care centers,
recreation halls, educational facilities,
hospital facilities as
defined in section 140.01 of the Revised Code, recreational
facilities,
natural resource facilities, including parks and
other
open space
land, lakes and streams, cultural facilities,
community
streets,
pathway and bikeway systems, pedestrian
underpasses and
overpasses, lighting facilities, design
amenities, or other
community facilities, and buildings needed in
connection with
water supply or sewage disposal installations or
steam, gas, or
electric lines or installation.
(J)
"Cost" as applied to a new community development
program
means all costs related to land acquisition and land
development,
the acquisition, construction, maintenance, and
operation of
community facilities and offices of the community
authority, and
of providing furnishings and equipment therefor,
financing charges
including interest prior to and during
construction and for the
duration of the new community
development program, planning
expenses, engineering expenses,
administrative expenses including
working capital, and all other
expenses necessary and incident to
the carrying forward of the
new community development program.
(K)
"Income source" means any and all sources of income to
the community authority, including community development charges
of which the new community authority is the beneficiary as
provided in section 349.07 of the Revised Code, rentals, user
fees
and other charges received by the new community authority,
any
gift or grant received, any moneys received from any funds
invested by or on behalf of the new community authority, and
proceeds from the sale or lease of land and community facilities.
(L)
"Community development charge" means a dollar amount
which shall be determined on the basis of the assessed valuation
of real property or interests in real property in a new community
district sold, leased, or otherwise conveyed by the developer or
the new community authority, the income of the residents of such
property subject to such charge under section 349.07 of the
Revised Code, if such property is devoted to residential uses or
to the profits of any business, a uniform fee on each parcel of
such real property originally sold, leased, or otherwise conveyed
by the developer or new community authority, or any combination
of
the foregoing bases.
(M)
"Proximate city" means any city that, as of the date
of
filing of the petition under section 349.03 of the Revised
Code,
is the most populous city of the county in which the
proposed new
community district is located, is the most populous
city of an
adjoining county if any portion of such city is within
five miles
of any part of the boundaries of such district, or
exercises
extraterritorial subdivision authority under section
711.09 of the
Revised Code with respect to any part of such
district.
Sec. 503.162. (A) After certification of a resolution as
provided in section 503.161
of the Revised Code, the board of
elections shall submit the
question of whether the township's name
shall be changed to the electors of
the unincorporated area of the
township in accordance with division
(C) of that section, and the
ballot language shall be substantially
as follows:
"Shall the township of .......... (name) change its name to
........
(proposed name)?
.......... For name change
.......... Against name change"
(B) At least forty-five days before the election on this
question, the board of township trustees shall provide notice of
the election
and an explanation of the proposed name change in a
newspaper of general
circulation in the township for three
consecutive weeks and shall post the
notice and explanation in
five conspicuous places in the unincorporated area
of the
township.
(C) If a majority of the votes cast on the proposition of
changing the township's name is in the affirmative, the name
change is adopted
and becomes effective ninety days after the
board of elections certifies the
election results to the clerk of
the township. Upon receipt of the
certification of the election
results from the board of elections, the clerk
of the township
shall send a copy of that certification to the secretary of
state
and to the state and local government commission of Ohio.
(D) A change in the name of a township shall not alter the
rights
or liabilities of the township as previously named.
Sec. 504.03. (A)(1) If a limited home rule government is
adopted
pursuant to section
504.02 of
the Revised Code, it shall
remain in effect for at least three
years except as otherwise
provided in division (B) of this
section. At the end of that
period, if the board of township
trustees determines that that
government is not in
the
best interests of the township, it may
adopt a resolution causing
the board of elections to submit to the
electors of the
unincorporated area of the township the question
of whether the
township should continue the limited home rule
government. The question
shall be voted upon at
the
next general
election occurring at least seventy-five days after
the
certification of the resolution to the board of elections. After
certification of the resolution, the board of
elections
shall
submit the question to the electors of the unincorporated
area of
the township, and the ballot language shall be
substantially as
follows:
"Shall the township of ........... (name) continue the
limited home rule government under which it is operating?
...... |
|
For continuation of the limited
home rule government |
...... |
|
Against continuation of the limited home rule government" |
(2) At least forty-five days before the election on the
question of continuing the limited home
rule government, the board
of township trustees shall have notice of
the election published
in a newspaper of general circulation in
the township for three
consecutive weeks and have the notice
posted in five conspicuous
places in the unincorporated area of
the township.
(B) The electors of a township that has adopted a
limited
home rule government may propose at any time by initiative
petition, in accordance
with section 504.14
of the Revised Code, a
resolution submitting to the electors in
the unincorporated area
of the township, in an election, the
question set forth in
division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or
(B) of this section on the proposition of continuing the limited
home rule government is in the
negative, that government is
terminated effective
on the first
day
of January immediately
following the election, and a
limited
home rule government shall
not be
adopted in the unincorporated area of the township pursuant
to section 504.02
of
the Revised Code for at least three years
after that date.
(D) If a limited
home rule government is terminated
pursuant
to
under this section, the board
of township trustees immediately
shall adopt a resolution repealing
all resolutions adopted
pursuant to this chapter that are not
authorized by any other
section of the Revised Code outside this
chapter, effective on the
first day of January immediately
following the election described
in division (A) or (B) of this
section. However, no resolution
adopted under this division shall affect or
impair the obligations
of the township under any security issued or contracts
entered
into by the township in connection with the financing of any water
supply facility or sewer improvement under sections 504.18 to
504.20 of
the Revised Code or the authority of the township to
collect or enforce any assessments or other revenues constituting
security
for or source of payments of debt service charges of
those
securities.
(E) Upon the termination of a limited home rule government
under this section, if the township had converted its board of
township trustees to a five-member board under section 504.21 of
the Revised Code, the current board member who received the lowest
number of votes of the current board members who were elected at
the most recent election for township trustees, and the current
board member who received the lowest number of votes of the
current board members who were elected at the second most recent
election for township trustees, shall cease to be township
trustees on the date that the limited home rule government
terminates. Their offices likewise shall cease to exist at that
time, and the board shall continue as a three-member board as
provided in section 505.01 of the Revised Code.
Sec. 504.04. (A) A township that adopts a limited
home rule
government may do all of the following by resolution,
provided
that any of these resolutions, other than a
resolution to
supply
water or sewer services in accordance with sections 504.18
to
504.20 of the Revised
Code, may be enforced only by the imposition
of civil fines as authorized in
this chapter:
(1) Exercise all powers of local self-government within
the
unincorporated area of the township, other than powers that
are in
conflict with general laws, except that the township shall
comply
with the requirements and prohibitions of this chapter,
and shall
enact no taxes other than those authorized by general
law, and
except that no resolution adopted pursuant to this
chapter shall
encroach upon the powers, duties, and privileges of
elected
township officers or change, alter, combine, eliminate,
or
otherwise modify the form or structure of the township
government
unless the change is required
or permitted by this chapter;
(2) Adopt and enforce within the unincorporated area of
the
township local police, sanitary, and other similar
regulations
that are not in conflict with general laws or
otherwise
prohibited
by division (B) of this section;
(3) Supply water and sewer services to users within the
unincorporated
area of the township in accordance with sections
504.18
to 504.20 of the
Revised Code.
(B) No resolution adopted pursuant to this chapter shall do
any of the
following:
(1) Create a criminal offense or impose criminal
penalties,
except as authorized by division (A) of this
section;
(2) Impose civil fines other than as authorized by this
chapter;
(3) Establish or revise subdivision regulations, road
construction standards, urban
sediment rules, or storm water and
drainage regulations;
(4) Establish or revise building standards, building
codes,
and other standard codes except as provided in section
504.13 of
the Revised Code;
(5) Increase, decrease, or otherwise alter the powers or
duties of a township under any other chapter of the Revised Code
pertaining to agriculture or the conservation or
development of
natural resources;
(6) Establish regulations affecting hunting, trapping,
fishing, or the possession, use, or sale of firearms;
(7) Establish or revise water or sewer regulations,
except
in accordance with sections
504.18 and 504.19 of the Revised Code.
Nothing in this chapter shall be construed as affecting the
powers of counties with regard to the subjects listed in
divisions
(B)(3) to (5) of this section.
(C) Under a limited
home rule government, all officers shall
have the
qualifications, and be
nominated, elected, or appointed,
as provided in Chapter 505. of
the Revised Code, except that the
board of township trustees
shall appoint a full-time or part-time
law director pursuant
to section 504.15 of the Revised Code, and
except that section 504.21 of the Revised Code also shall apply if
a five-member board of township trustees is approved for the
township.
(D) In case of conflict between resolutions enacted by a
board of township trustees and municipal ordinances or
resolutions, the ordinance or resolution enacted by the municipal
corporation prevails. In case of conflict between resolutions
enacted by a board of township trustees and any county
resolution,
the resolution enacted by the board of township
trustees prevails.
Sec. 504.21. (A) By a unanimous vote, the board of township
trustees of a limited home rule township may pass a resolution to
place on the ballot at the next general election described in this
division the question of whether the board should be converted
to a five-member board. Upon passage of the resolution, the
question shall be voted upon at the next general election
occurring at least seventy-five days after the board certifies
the resolution to the board of elections.
(B) If a majority of the votes cast on the question of
converting the board of township trustees to a five-member board
is in the affirmative, at the next election at which any members
of the board are elected, two additional board members shall be
elected, one for a four-year term of office and the other for a
two-year term of office. Their successors thereafter shall be
elected for four-year terms of office.
(C) If a board of township trustees is converted to a
five-member board, the board members shall be elected by
determining which individuals receive the highest number of votes
from a slate of candidates running for the office of township
trustee. If the first election after a township converts its
board of township trustees to a five-member board is an election
for three four-year term members and one two-year term member, the
three candidates who receive the highest number of votes from the
slate of candidates for township trustee shall serve a four-year
term and the candidate who receives the fourth highest number of
votes from that slate of candidates shall serve a two-year term.
Sec. 505.24. Each township trustee is entitled to
compensation as follows:
(A)
Except as otherwise provided in division (B) of
this
section,
an amount for each day of service in the business of
the
township,
to be paid from the township treasury as follows:
(1) In townships having a budget of fifty thousand dollars
or less, twenty dollars per day for not more than two hundred
days;
(2) In townships having a budget of more than fifty
thousand
but not more than one hundred thousand dollars,
twenty-four
dollars per day for not more than two hundred days;
(3) In townships having a budget of more than one hundred
thousand but not more than two hundred fifty thousand dollars,
twenty-eight dollars and fifty cents per day
for not more than two
hundred days;
(4) In townships having a budget of more than two hundred
fifty thousand but not more than five hundred thousand dollars,
thirty-three dollars per day for not more than two hundred days;
(5) In townships having a budget of more than five hundred
thousand but not more than seven hundred fifty thousand dollars,
thirty-five dollars per day for not more than two
hundred days;
(6) In townships having a budget of more than seven
hundred
fifty thousand but not more than one million five hundred
thousand
dollars, forty dollars per day for not
more than
two hundred days;
(7) In townships having a budget of more than one million
five hundred thousand but not more than three million five
hundred
thousand dollars, forty-four dollars per day for
not more than two
hundred days;
(8) In townships having a budget of more than three
million
five hundred thousand dollars but not more than six million
dollars, forty-eight dollars per day for not more than two hundred
days;
(9) In townships having a budget of more than six million
dollars,
fifty-two dollars per day for not more than two hundred
days.
(B) Beginning in calendar
year 1999, the amounts
paid as
specified in division (A) of this section shall be
replaced by the
following amounts:
(1) In calendar year 1999, the amounts specified in division
(A)
of this section increased by three per cent;
(2) In calendar year 2000, the amounts determined
under
division
(B)(1) of this section
increased by
three per cent;
(3) In calendar year 2001, the amounts determined under
division
(B)(2) of this section
increased by
three per cent;
(4) In calendar year 2002,
except in townships having a
budget of more than six million dollars, the amounts determined
under
division (B)(3) of this section
increased by three per cent;
in townships having a budget of more than six million but not more
than ten million dollars, seventy dollars per day for not more
than two hundred days; and in townships having a budget of more
than ten million dollars, ninety dollars per day for not more than
two hundred days;
(5) In calendar years 2003 through 2008, the amounts
determined
under division (B) of this section for the immediately
preceding
calendar year increased by
the
lesser of the following:
(b) The percentage increase, if any, in the
consumer
price
index over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding calendar year, rounded
to the
nearest one-tenth of one per cent;
(6) In calendar year 2009 and thereafter, the amount
determined
under division (B) of this section for calendar year
2008.
As used in
division (B) of this section,
"consumer price
index" has the same
meaning as in section 325.18 of
the Revised
Code.
(C) Whenever members of a board of township trustees are
compensated per diem and not by annual salary, the board shall
establish, by resolution, a method by which each member of the
board shall periodically notify the township clerk of the number
of days spent in the service of the township and the kinds of
services rendered on those days. The per diem compensation shall
be paid from the township general fund or from other
township
funds in such proportions as the kinds of services
performed may
require. The notice shall be filed with the
township clerk and
preserved for inspection by any persons
interested.
By unanimous vote, a board of township trustees may adopt a
method of compensation consisting of an annual salary to be paid
in equal monthly payments. If the office of trustee is held by
more than one person during any calendar year, each person
holding
the office shall receive payments for only those months,
and any
fractions of those months, during which the
person holds the
office. The
amount of the annual salary approved by the board
shall be no
more than the maximum amount that could be received
annually by a
trustee if the trustee were paid on a per diem basis
as
specified in this
division, and shall be paid from the township
general fund or
from other township funds in such proportions as
the board
may specify by resolution. A board of township trustees
that
has adopted a salary method of compensation may return to a
method of compensation on a per diem basis as specified in this
division by a majority vote. Any change in the method of
compensation shall be effective on the first day of January of
the
year following the year during which the board has voted to
change
the method of compensation.
Sec. 507.09. (A) Except as otherwise provided in division
(D) of this section, the township clerk shall be entitled to
compensation as follows:
(1) In townships having a budget of fifty thousand dollars
or less, three thousand five hundred dollars;
(2) In townships having a budget of more than fifty
thousand
but not more than one hundred thousand dollars, five
thousand five
hundred dollars;
(3) In townships having a budget of more than one hundred
thousand but not more than two hundred fifty thousand dollars,
seven thousand seven hundred dollars;
(4) In townships having a budget of more than two hundred
fifty thousand but not more than five hundred thousand dollars,
nine thousand nine hundred dollars;
(5) In townships having a budget of more than five hundred
thousand but not more than seven hundred fifty thousand dollars,
eleven thousand dollars;
(6) In townships having a budget of more than seven
hundred
fifty thousand but not more than one million five hundred
thousand
dollars, thirteen thousand two hundred
dollars;
(7) In townships having a budget of more than one million
five hundred thousand but not more than three million five
hundred
thousand dollars, fifteen thousand four
hundred dollars;
(8) In townships having a budget of more than three
million
five hundred thousand dollars but not more than six million
dollars, sixteen thousand five hundred
dollars;
(9) In townships having a budget of more than six million
dollars,
seventeen thousand six hundred dollars.
(B) Any township clerk may elect to receive less than the
compensation the clerk is entitled to under division (A) of
this
section. Any clerk electing to do this shall so notify the board
of township trustees in writing, and the board shall include this
notice in the minutes of its next board meeting.
(C) The compensation of the township clerk shall be paid
in
equal monthly payments. If the office of clerk is held by
more
than one person during any calendar year, each person
holding the
office shall receive payments for only those months,
and any
fractions of those months, during which the
person holds the
office.
(D) Beginning in calendar year 1999, the township
clerk
shall be entitled to compensation as follows:
(1) In calendar year 1999, the compensation specified in
division
(A) of this section increased by three per cent;
(2) In calendar year 2000, the compensation determined under
division
(D)(1) of this section increased by
three per cent;
(3) In calendar year 2001, the compensation determined under
division
(D)(2) of this section increased by
three per cent;
(4) In calendar year 2002,
except in townships having a
budget of more than six million dollars, the compensation
determined
under
division (D)(3) of this section
increased by
three per cent;
in townships having a budget of more than six
million but not more than ten million dollars, nineteen thousand
eight hundred ten dollars; and in townships having a budget of
more than ten million dollars, twenty thousand nine hundred
dollars;
(5) In calendar years 2003 through 2008, the compensation
determined under division (D) of
this section for the immediately
preceding calendar year increased by the
lesser of the following:
(b) The percentage increase, if any,
in the consumer price
index
over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding calendar year,
rounded
to the nearest one-tenth of one per cent;
(6) In calendar year 2009 and thereafter, the amount
determined
under division (D) of this section for calendar year
2008.
As
used in this division,
"consumer price index" has the same
meaning as in
section 325.18 of the Revised Code.
Sec. 901.43. (A) The director of agriculture may authorize
any
department of
agriculture laboratory to perform a laboratory
service for any
person, organization, political subdivision, state
agency, federal
agency, or other entity, whether public or
private. The director shall adopt and
enforce rules to provide
for the rendering of a laboratory service.
(B) The director may charge a reasonable fee for the
performance
of a laboratory service, except when the service is
performed on an official
sample taken by the
director acting
pursuant to Title IX, Chapter 3715., or Chapter
3717. of the
Revised Code; by a board of health acting as the
licensor of
retail food establishments or food service operations
under
Chapter 3717. of the Revised Code; or by the director of
health
acting as the licensor of food service operations under
Chapter
3717. of the Revised Code. The director of
agriculture shall
adopt rules specifying what constitutes an official
sample.
The director shall publish a list
of laboratory services
offered, together with the fee for
each service.
(C) The director may enter into a contract with any person,
organization,
political subdivision, state agency, federal agency,
or other
entity for the provision of a
laboratory service.
(D)(1) The director may adopt rules
establishing standards
for accreditation of laboratories and
laboratory services and in
doing so may adopt by reference
existing or recognized standards
or practices.
(2) The director may inspect and
accredit laboratories and
laboratory services, and may charge a
reasonable fee for the
inspections and accreditation.
(E)(1) All moneys collected by the director under
this
section that are from fees generated by a laboratory
service
performed by the department and related to the diseases of
animals, and all moneys so collected that are from fees generated
for the inspection and accreditation of laboratories and
laboratory services
related to the diseases of animals, shall be
deposited
in the animal industry laboratory fund, which is hereby
created
in the state treasury. The director shall use the moneys
in the
animal industry laboratory fund to
pay the expenses
necessary to operate the animal industry laboratory, including the
purchase
of supplies and
equipment
for the laboratory that
provides laboratory services
related to the diseases of animals.
(2) All moneys collected
by the director under this section
that are from fees generated by a
laboratory service performed by
the consumer analytical laboratory, and all
moneys so collected
that are from fees generated for the inspection and
accreditation
of laboratories and laboratory services not related to weights
and
measures or the diseases of animals, shall
be deposited in the
laboratory services fund, which is
hereby created in the state
treasury. The moneys
held in the fund may be used to pay the
expenses necessary to operate the
consumer analytical laboratory,
including the purchase of supplies and
equipment.
(3) All moneys collected by the director under this
section
that are from fees generated by a laboratory service
performed by
the weights and measures laboratory, and all moneys so collected
that are from fees generated for the inspection and accreditation
of
laboratories and laboratory services related to weights and
measures, shall be
deposited in the weights and measures
laboratory fund, which is hereby created
in the state treasury.
The moneys held in the
fund may be used to pay the expenses
necessary to operate the
division of weights and measures,
including the purchase of
supplies and equipment.
Sec. 901.63. (A) The agricultural financing commission
shall do
both of the following until July 1,
2001
2003:
(1) Make recommendations to the director of agriculture
about financial
assistance applications made pursuant to
sections
901.80 to 901.83 of the Revised Code. In
making its
recommendations, the commission shall
utilize criteria established
by rules adopted under division
(A)(8)(b) of section 901.82 of the
Revised Code.
(2) Advise the director in the administration of sections
901.80 to 901.83
of the Revised Code.
With respect to sections 901.80 to 901.83 of the
Revised
Code, the role of the
commission is solely advisory. No officer,
member, or employee
of the commission is liable for damages in a
civil action for any injury,
death, or loss to person or property
that allegedly arises out of purchasing
any loan or providing a
loan
guarantee, failure to purchase a loan or provide a loan
guarantee, or failure
to take action under sections 901.80 to
901.83 of the Revised
Code, or that allegedly arises out of any
act or
omission of the department of agriculture that involves
those
sections.
(1) Adopt bylaws for the conduct of its business;
(2) Exercise all rights, powers, and duties conferred on
the
commission as an issuer under Chapter 902. of the Revised
Code;
(3) Contract with, retain, or designate financial
consultants, accountants, and such other consultants and
independent contractors as the commission may determine to be
necessary or appropriate to carry out the purposes of this
chapter
and to fix the terms of those contracts;
(4) Undertake and carry out or authorize the completion of
studies and analyses of agricultural conditions and needs within
the state relevant to the purpose of this chapter to the extent
not otherwise undertaken by other departments or agencies of the
state satisfactory for
such
that purpose;
(5) Acquire by gift, purchase, foreclosure, or other
means,
and hold, assign, pledge, lease, transfer, or otherwise
dispose
of, real and personal property, or any interest in
that real and
personal property,
in the exercise of its powers and the
performance of its duties
under this chapter and Chapter 902. of
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other
financial or other form of aid from any federal, state, local, or
private agency or fund and enter into any contract with any such
agency or fund in connection therewith, and receive and accept
aid
or contributions from any other source of money, property,
labor,
or things of value, to be held, used, and applied only for
the
purposes for which
such
the grants and contributions are made,
all
within the purposes of this chapter and Chapter 902. of the
Revised Code;
(7) Sue and be sued in its own name with respect to its
contracts or to enforce this chapter or its obligations or
covenants made under this chapter and Chapter 902. of the Revised
Code;
(8) Make and enter into all contracts, commitments, and
agreements, and execute all instruments necessary or incidental
to
the performance of its duties and the execution of its powers
under this chapter and Chapter 902. of the Revised Code;
(9) Adopt an official seal;
(10) Do any and all things necessary or appropriate to
carry
out the public purposes and exercise the powers granted to
the
commission in this chapter and Chapter 902. of the Revised
Code
and the public purposes of Section 13 of Article VIII, Ohio
Constitution.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Sec. 901.81. (A) As used in this
section and sections
901.82 and 901.83 of the
Revised Code:
(1)
"Financial institution" means any banking
corporation;
trust company; savings and loan
association; building and loan
association; or corporation,
partnership, or other institution
that is
engaged in lending or investing funds for agricultural or
other
business purposes and that is eligible to become a
depository for public
moneys under section 135.03 of the Revised
Code.
(2)
"Eligible applicant" means a person who has made
all of
the demonstrations enumerated in division
(B) of section 901.82 of
the Revised Code.
(B) A financial
institution that wishes to participate in
the program
established under section 901.80 of the Revised
Code
shall accept and review
applications for loans from eligible
applicants. Forms and
procedures involved in the application
process shall comply with
rules adopted under division
(A)(8)(a)
of section 901.82 of the Revised
Code. The financial
institution
shall apply all usual lending standards to determine
the
creditworthiness of each eligible applicant, including
whether the
eligible applicant has the ability to repay the loan
and whether
adequate security exists for the loan.
The financial institution shall forward to the department
of
development
agriculture the completed loan application of an
eligible
applicant whom the financial institution has determined
to be
creditworthy, along with the farm business plan and
management
strategy
required by division (A)(5) of section 901.82
of the
Revised Code, and any other
information required by
rules
adopted
under division
(A)(8) of section 901.82 of the
Revised
Code. If a
loan guarantee is
involved, the financial institution
also shall
forward a
request by the financial institution to enter
into a
contract of
guarantee described in section 901.83 of the
Revised
Code.
The department
of development shall proceed with the loan
application in accordance with
division
(A)(12) of section
122.011
901.82
of the Revised Code.
Sec. 901.82. (A) In administering the program
established
under section 901.80 of the
Revised Code, the
director of
agriculture shall do all of the following:
(1) Receive, review, analyze, and summarize applications for
financial assistance forwarded
to the
director by
the department
of development,
a financial institution under section 901.81 of
the Revised Code and,
after
processing, forward them to the
agricultural financing
commission
together with necessary
supporting
information;
(2) Receive the recommendations of the commission made
under
division (A)(1) of section
901.63 of the Revised Code
and make a
final determination whether
to approve
the
an application for
financial assistance;
(3) Transmit the director's determinations to approve
assistance to the controlling board together with any
information
the controlling board requires for its review and
its decision
whether to approve the release of money for the financial
assistance;
(4) Work in conjunction with financial
institutions and
other private and public financing sources to
purchase loans from
financial institutions or provide loan guarantees to
eligible
applicants;
(5) Require each applicant to provide a farm business plan,
including an
overview of the type of agricultural operation the
applicant
anticipates conducting, and a management strategy for
the
project;
(6) Inform agricultural organizations and others in the
state of the existence of the program
established under section
901.80 of the Revised Code
and of the financial assistance
available under the program;
(7) Report to the governor, president of the senate,
speaker
of the house of representatives, and minority leaders of
the
senate and the house of representatives by the thirtieth day
of
June of each year on the activities carried out under the
program
during the preceding calendar year. The report shall
include the
number of loans purchased or loan guarantees made that year, the
amount of
each such
loan or loan guarantee, the county in which
the loan recipient's farm is
located,
and whatever other
information the director determines is
relevant to include.
(8) Adopt rules in accordance with
Chapter 119. of the
Revised Code establishing all
of the following with regard to the
program:
(a) Forms and procedures by which eligible
applicants may
apply for financial assistance;
(b) Criteria for reviewing, evaluating, and
ranking
applications, and for approving applications that best
serve the
goals of the program;
(c) Reporting requirements and monitoring
procedures;
(d) Interest rates, payment schedules, loan transfer
provisions,
penalties, including penalties for the conversion of
land devoted exclusively
to agricultural use as defined in
section
5713.30 of the Revised Code, and other terms and
conditions for
loans purchased and loan guarantees provided under the program;
(e) Criteria for determining whether the location at which
the
applicant proposes to use financial assistance provided under
the program is
in an area
in which agriculture is the primary land
use at the time the application is
made and whether the land at
that location reasonably may not be expected to
be converted to a
nonagricultural use during the period of time that the
applicant's
obligation to repay the loan remains outstanding;
(f) Any other rules necessary to implement and
administer
the program.
(B) In order to be eligible for financial
assistance under
section 901.80 of the
Revised Code, an
applicant shall demonstrate
all of the following:
(1) That the applicant is domiciled in this state;
(2) That the applicant is unable to obtain sufficient
financing from commercial or agricultural lending
sources;
(3) That the applicant has the ability to repay the loan,
primarily from the cash flow of the proposed farming operation,
and that there is adequate security for the loan;
(4) That the applicant has sufficient education, training,
or
experience in the type of farming for which the applicant
requests the financial assistance;
(5) That there are no zoning restrictions, environmental
regulations, or
other impairments to the use of the land for the
purpose intended;
(6) That the location at which the applicant proposes to use
the
financial assistance is in an area in which agriculture is the
primary land
use at the time
the application is made and that the
land at that location reasonably may not
be expected to be
converted to a nonagricultural use during the period of time
that
the applicant's obligation to repay the financial assistance
remains
outstanding. In
demonstrating the information required
under division (B)(5)(6) of this
section, the applicant shall
utilize
criteria established in rules adopted
under division
(A)(8)(e) of
this section.
Sec. 917.07. The dairy industry fund is hereby created in
the state treasury. All inspection fees and license fees
collected under this chapter shall be deposited into the
fund.
The dairy fund is hereby created in the state treasury.
All
together with all fine moneys received by the treasurer of state
pursuant to division
(E)(F) of section 917.99 of the Revised Code
and any other moneys collected under this
chapter,
except for
inspection fees and license fees, shall be deposited
into the
fund.
Moneys credited to the dairy industry fund
and the dairy
fund
shall be used to operate and pay expenses of the division
of dairy
in the department of agriculture.
Sec. 917.99. (A) Whoever violates division (C) of section
917.09 of the Revised Code
is guilty of a misdemeanor of the
second degree on a first offense and a
misdemeanor of the first
degree on each subsequent offense.
(B) Whoever violates
section 917.13 or 917.14
of the Revised
Code is guilty
of a misdemeanor of the first degree
on a first
offense, a felony of the fifth degree on a
second offense, and a
felony of the fourth degree on each
subsequent offense.
(C) Whoever violates division (A), (B),
(C), (D), or (G) of
section
917.05 of the Revised Code
is guilty of a
misdemeanor of
the fourth degree.
(D) Whoever violates
division (E) or
(F) of section 917.05
of the
Revised
Code is guilty of a misdemeanor of
the second
degree on a first offense and a misdemeanor of the first
degree on
each subsequent offense.
(E) Each day of
violation of a provision described in
divisions
(A) to
(D) of this section constitutes
a separate
offense.
(F) The court imposing a fine under divisions (A) to
(D) of
this section shall order that not less than fifty per cent of
the
fine
be disbursed to the treasurer of state for
deposit into the
dairy
industry fund created in section 917.07 of the
Revised
Code.
Subject to that minimum percentage, the court's order shall
specify the percentage of the fine that the clerk of the court
shall disburse
to the treasurer of state. The clerk of the court
shall disburse the
remainder of the fine to the county treasurer.
Sec. 1309.40. (A) Presentation for filing of a financing
statement, tender of the filing fee, and acceptance of the
statement by the filing officer constitute filing under sections
1309.01 to 1309.50 of the Revised Code.
(B)(1) Except as provided in divisions (B)(2) and (F) of
this section, a filed financing statement is effective for a
period of five years from the date of filing. The effectiveness
of a filed financing statement lapses on the expiration of the
five-year period unless a continuation statement is filed prior
to
the lapse. If a security interest perfected by filing exists
at
the time insolvency proceedings are commenced by or against
the
debtor, the security interest remains perfected until
termination
of the insolvency proceedings and thereafter for a
period of sixty
days or until expiration of the five-year period,
whichever occurs
later. Upon lapse the security interest becomes
unperfected,
unless it is perfected without filing. If the
security interest
becomes unperfected upon lapse, it is deemed to
have been
unperfected as against a person who became a purchaser
or lien
creditor before lapse.
(2) A filed financing statement that states that it
relates
to an obligation secured by both (a) a mortgage upon real
estate
filed for record within this state and (b) a security
interest in
collateral, whether or not such collateral includes
or consists of
goods which are or are to become fixtures situated
upon such real
estate, shall, if such financing statement states
a maturity date
of such obligation, or the final installment
thereof, of more than
five years, be fully effective until the
maturity date set forth
therein. Such financing statement shall
also contain a reference
to the recorder's file number of the
mortgage upon real estate or
to the volume and page of the
mortgage record in which such
mortgage is recorded.
(C) A continuation statement may be filed by the secured
party within six months prior to the expiration of the five-year
period specified in division (B)(1) of this section, or within
six
months prior to the stated maturity date referred to in
division
(B)(2) of this section. A continuation statement
shall be filed
on a form prescribed by the secretary of state. A
continuation
statement filed in the office of the county recorder shall also
comply with Chapter 317. of the Revised Code. The continuation
statement
must be signed by the secured party, identify the
original
statement by file number, and state that the original
statement
is still effective. A continuation statement signed by
a person
other than the secured party of record must be
accompanied by a
separate written statement of assignment signed
by the secured
party of record and complying with division (B) of
section
1309.42 of the Revised Code, including payment of the
required
fee. Upon timely filing of the continuation statement,
the
effectiveness of the original statement is continued for five
years after the last date to which the filing was effective
whereupon it lapses in the same manner as provided in division
(B)
of this section unless another continuation statement is
filed
prior to such lapse. Succeeding continuation statements
may be
filed in the same manner to continue the effectiveness of
the
original statement. The filing officer may remove a lapsed
statement from the files and destroy it immediately if the filing
officer has
retained a microfilm or other photographic record, or
in other
cases one year after the lapse. The filing officer shall
so
arrange matters by physical annexation of financing statements
to
continuation statements or other related filings, or by other
means, that if the filing officer physically destroys the
financing statements of
a period more than five years past, those
which have been
continued by a continuation statement or which are
still
effective under division (B)(2) or (F) of this section shall
be
retained.
(D) Except as provided in division (G) of this section, a
filing officer shall assign each statement a consecutive file
number and shall hold the statement or a microfilm or other
photographic or
digitized copy thereof for
public inspection. In
addition, the filing officer shall index
the statements according
to the name of the debtor and shall note
in the index the file
number, the date and hour of
filing, and the address of the debtor
given
in the statement. In addition to the indexing required in
the
previous sentence, statements covering crops growing or to be
grown or timber to be cut or minerals or the like, including oil
and gas, or accounts subject to division (E) of section 1309.03
of
the Revised Code, or a financing statement filed as a fixture
filing pursuant to section 1309.32 of the Revised Code shall also
be indexed in the real estate mortgage records by the filing
officer according to the name of the debtor or, if the financing
statement shows the record owner or record lessee to be other
than
the debtor, then according to the name of the record owner
or
record lessee given in the statement. The fee to be charged
for
indexing financing statements in the real estate mortgage
records
shall be two dollars for each record owner or lessee
listed in the
statement, as provided in division (E) of section
317.32 of the
Revised Code.
(E) The fee for filing, indexing, and furnishing filing
data
for an original, amended, or
a continuation statement on a
form
that is prescribed by the secretary of state shall be
nine
twelve
dollars. The fee
for filing, indexing, and furnishing filing data
for an original,
amended, or
a continuation statement on a form
that is not
prescribed by the secretary of state and
that is filed
in the office of the county
recorder shall be eleven dollars.
(F) If the debtor is a transmitting utility and a filed
financing statement so states, it is effective until a
termination
statement is filed. A real estate mortgage
that is effective as a
fixture filing under division (E) of
section 1309.39 of the
Revised Code remains effective as a fixture filing
until the
mortgage is released or satisfied of record or its
effectiveness
otherwise terminates as to the real estate.
(G) If the person filing any original or amended financing
statement, termination statement, statement of assignment, or
statement of release requests a copy
thereof, the filing officer
shall note upon the copy
the file number and date and hour of the
filing of the original
and deliver or send the copy to such
person.
(H)(1) Upon request of any person, the filing officer shall
issue a certificate showing whether there is on file on the
date
and hour stated
therein
in the certificate, any presently
effective financing
statement naming a particular debtor, owner,
or lessee, and any
statement of assignment
thereof
of the
financing statement, and, if there is, giving the date
and hour of
filing of each such statement and the names and
addresses of each
secured party
therein
in each such statement. The fee for such a
certificate shall be
nine
twenty
dollars
plus one dollar for each
financing statement and for each statement of assignment reported
therein.
Upon
(2) Upon request,
the
a county recorder who is a filing
officer shall furnish
to any person a copy of
any filed financing
statement
or
naming a particular debtor, owner, or lessee and any
filed statement of assignment
of the financing statement. When
such a request
for
copies is made
in the office of the county
recorder, the county recorder shall
charge a fee of one dollar per
page.
When a request for copies is made in the
office of the
secretary of state, the fee shall not exceed one dollar per
page.
(3) Any person may request from the secretary of state a
copy of any financing statement naming a particular debtor, owner,
or lessee, and of any statement of assignment of the financing
statement, that is on file with the secretary of state. The
request shall be made in writing to the secretary of state, and
the secretary of state shall charge and collect a fee of five
dollars for each copy requested.
Sec. 1309.401.
Through June 30, 2001, four dollars and fifty
cents, and, on
and after July 1, 2001, four dollars, of each fee
collected by the secretary
of state under sections 1309.42 and
1309.43 and divisions (E) and (H) of
section 1309.40
of the
Revised Code, and all of the fees collected by the secretary of
state
under section 1309.402
(A) All fees collected by the
secretary of state for filings under Title XIII or XVII of the
Revised Code, shall be deposited
in
into the state
treasury to the
credit of the corporate and uniform commercial code filing
fund,
which is hereby created.
The remainder of each such fee shall be
deposited in the general revenue fund. All moneys credited to the
corporate
and uniform commercial code filing fund, subject to
division (B) of this section, shall be used only for the purpose
of
paying for
the operations of the office of the secretary of
state, other than the division of elections, and for the purpose
of paying for expenses relating to the processing of filings under
Title
XIII or XVII
and
Chapter 1329. of the Revised Code
and the
uniform commercial code.
(B) The secretary of state business technology fund is
hereby created in the state treasury. One per cent of the money
credited to the corporate and uniform commercial code filing fund
shall be transferred to the credit of this fund. All moneys
credited to this fund shall be used only for the upkeep,
improvement, or replacement of equipment, or for the purpose of
training employees in the use of equipment, used to conduct
business of the secretary of state's office under Title XIII or
XVII of the Revised Code.
Sec. 1309.402. The fee for expedited filing service by the
secretary of state
for any filing under this chapter
is ten
dollars in addition to
shall be the fee set by rule under division
(A) of section 111.23 of the Revised Code plus the fee the
secretary of state is otherwise required to collect for the filing
under this
chapter.
Sec. 1309.42. (A) A financing statement may disclose an
assignment of a security interest in the collateral described in
the financing statement by indication in the financing statement
of the name and address of the assignee or by an assignment
itself
or a copy thereof on the face or back of the statement.
On
presentation to the filing officer of such a financing
statement,
the filing officer shall proceed as provided in
division (D) of
section 1309.40 of the Revised Code. The fee for
filing,
indexing, and furnishing filing data for a financing
statement so
indicating an assignment shall be
nine
twelve dollars.
(B) A secured party may assign of record all or a part of
the secured party's rights under a financing
statement by the
filing in the place
where the original financing statement was
filed of a separate
written statement of assignment. The
statement of assignment shall
be on a form prescribed by the
secretary of state, shall be signed by the
secured party of
record, shall set forth the name of the secured party of record
and the debtor, the file number and the date of filing of the
financing statement, and the name and address of the assignee,
and
shall contain a description of the collateral assigned. A
statement of
assignment filed in the
office of the county recorder
shall also comply with Chapter 317.
of the Revised Code. On
presentation to the
filing officer of a separate statement of
assignment, the
filing officer shall mark the separate statement
with the date and hour
of filing. The filing officer shall note
the assignment on the index of the
financing statement, or in the
case of a fixture filing, or a
filing covering crops growing or to
be grown or timber to be cut,
or covering minerals or the like,
including oil and gas, or
accounts subject to division (E) of
section 1309.03 of the
Revised Code, the filing officer shall
index the assignment
under the name of the
assignor as grantor
and, to the extent that the law of this state
provides for
indexing the assignment of a mortgage under the name
of the
assignee, the filing officer shall index the
assignment of the
financing
statement under the name of the assignee. The fee for
filing,
indexing, and furnishing filing data about such a separate
statement of assignment shall be
nine
twelve dollars if on a form
prescribed by
the secretary of state. The fee for filing,
indexing, and furnishing filing
data about such a separate
statement of assignment on a form
that is not prescribed by
the
secretary of state and
that is filed in the office of the county
recorder shall
be eleven dollars. Notwithstanding the
provisions
of this division, an assignment of record of a
security interest
in a fixture contained in a mortgage effective
as a fixture filing
pursuant to division (E) of section 1309.39
of the Revised Code
may be made only by an assignment of the
mortgage in the manner
provided by the law of this state other
than sections 1309.01 to
1309.50 of the Revised Code.
(C) After the disclosure or filing of an assignment under
this section, the assignee is the secured party of record.
Sec. 1309.525. (A) Except as provided in division (C)
of
this
section, the fee for filing and indexing a record
under
sections 1309.501
to 1309.527 of the Revised Code is twelve
dollars.
(B) The fee for responding to a request for information
from
the
filing office, including for communicating
whether there is on
file any
financing statement naming a
particular debtor is:
(1) Twenty dollars if the request is communicated in writing;
(2) Twenty dollars if the request is communicated by another
medium authorized by the filing office rule.
However, the fee otherwise required under division (B) of
this section is five dollars if the request is limited to
communicating only whether there is on file any financing
statement naming a particular debtor and the name of the secured
party or record relating thereto. Division (B) of this section
does not require that a fee be charged for remote access searching
of the filing office data base.
(C) This section does not require a fee with respect to a
record
of a mortgage that is effective as a financing statement
filed as a fixture
filing or as a financing statement
covering
as-extracted collateral or timber to be cut under division
(C) of
section 1309.502 of the
Revised Code. However, the
recording and
satisfaction fees that otherwise would be applicable to the
record
of the mortgage apply.
Sec. 1329.01. (A) As used in sections 1329.01 to 1329.10
of
the Revised Code:
(1)
"Trade name" means a name used in business or trade to
designate the business of the user and to which the user asserts
a
right to exclusive use.
(2)
"Fictitious name" means a name used in business or
trade
that is fictitious and that the user has not registered or
is not
entitled to register as a trade name. It does not include the
name of record of any
domestic corporation that is formed under
Chapter 1701. or 1702. of the
Revised Code, any foreign
corporation
that is registered pursuant to Chapter 1703. of the
Revised Code, any domestic or foreign
limited liability company
that is formed under or registered pursuant to
Chapter 1705. of
the Revised Code, any
domestic or foreign limited partnership that
is
formed under or registered pursuant to Chapter 1782. of the
Revised
Code, or any domestic or foreign limited
liability
partnership
that is formed under or registered pursuant to Chapter
1775. of the Revised Code.
(3)
"Person" includes any individual, general partnership,
limited partnership, limited liability partnership, corporation,
association, professional association,
limited liability company,
society,
foundation, federation, or organization formed under the
laws of this state or
any other state.
(B) Subject to sections 1329.01 to 1329.10 of the Revised
Code, any person may register with the secretary of state, on a
form prescribed by the secretary of state, any trade name
under
which the person is
operating, setting forth all of the following:
(1) The name and business address of the applicant for
registration and any of the following that is applicable:
(a) If the applicant is a general
partnership, the names and
residence addresses of all of the
partners;
(b) If the applicant is a limited partnership existing prior
to
July 1, 1994, that has not registered with the secretary of
state
pursuant to Chapter 1782. of the Revised Code, the name of
the Ohio
county
in which its certificate of limited partnership or
application for
registration as a foreign limited partnership is
filed;
(c) If the applicant is a limited partnership to which
division
(B)(1)(b) of this section does not apply or is a
corporation, professional association, limited
liability company,
or other entity, the form of the entity and the state under
the
laws of which it was formed.
(2) The trade name to be registered;
(3) The general nature of the business conducted by the
applicant;
(4) The length of time during which the trade name has
been
used by the applicant in business operations in this
state.
(C) The trade name application shall be signed by the
applicant or by
any authorized representative of the
applicant.
A single trade name may be registered upon each trade name
application
submitted under sections 1329.01 to 1329.10 of the
Revised Code.
The trade name application shall be accompanied by a filing
fee of
twenty
fifty dollars, payable to the secretary of state.
(D) Any person who does business under a fictitious name
and
who has not registered and does not wish to register the
fictitious name as a trade name or who cannot do so because the
name is not available for registration shall report the use of
the
fictitious name to the secretary of state, on a
form
prescribed by
the secretary of state,
setting forth all of the following:
(1) The name and business address of the user and
any of the
following that is applicable:
(a) If the user is a general partnership, the names and
residence addresses of all the partners;
(b) If the user is a
limited partnership existing prior to
July 1, 1994,
that has
not been registered with the secretary of
state pursuant to Chapter
1782. of the Revised Code, the name of
the Ohio county in which its certificate of
limited partnership or
application for registration as a foreign limited
partnership is
filed;
(c) If the user is a limited partnership to which division
(D)(1)(b) of this section does not apply or is a
corporation,
professional association, limited liability company, or other
entity, the form of the entity and the state under whose laws it
was formed.
(2) The fictitious name being used;
(3) The general nature of the business conducted by the
user.
(E) The report of use of a fictitious name shall be signed
by the
user or by any authorized representative of the user.
A single fictitious name may be registered upon each
fictitious name report
submitted under sections 1329.01 to 1329.10
of the Revised Code.
The fictitious name report shall be accompanied by a filing
fee of
ten
fifty
dollars, payable to the secretary of state.
A report under this division shall be made within thirty days
after the date
of the first use of the fictitious name.
Sec. 1329.04. Registration of a trade name or report of a
fictitious name, under sections 1329.01 to 1329.10 of the Revised
Code, shall be effective for a term of five years from the date
of
registration or report. Upon application filed within six
months
prior to the expiration of such term, on a form furnished
by the
secretary of state, the registration or report may be
renewed at
the end of each five-year period for a like term,
provided that a
general partnership shall renew its registration
or report
whenever there has been a change in the listing of
partners on its
registration or report and a limited partnership
shall renew its
registration or report when a change occurs in
the listing of its
general partners on its registration or
report. Such a renewal
shall extend the registration or report
for five years, unless
further changes occur in the interim.
A
The
renewal fee
specified
in division (S)(3) of
ten dollars
section 111.16 of the Revised
Code, payable to the secretary of state,
shall accompany the
application for renewal of the registration
or report.
The secretary of state shall notify persons who have
registered trade names or reported fictitious names, within the
six months next preceding the expiration of the five years from
the date of registration or report, of the necessity of renewal
by
writing to the last known address of such persons.
Sec. 1329.06. Any trade name or fictitious name and its
registration or
report shall be assignable by an instrument in
writing duly executed and may
be recorded with the secretary of
state upon the payment of
a
the fee
specified in division (S)(4)
of
ten
dollars
section 111.16 of the Revised Code, payable to the
secretary of state, who, recording the assignment,
shall issue in
the name of the assignee a new certificate for the remainder of
the term of the registration or report or the last renewal
thereof. The
instrument shall be on a form prescribed by the
secretary of state.
Sec. 1329.07. The registrant of any trade name or a person
who reports a
fictitious name shall record all changes of the
registrant's
business address by filing
with the secretary of
state a statement in writing, on a form
prescribed by the
secretary of state, setting forth the name
previously registered
or reported, the date of the registration or report, and
the new
address of the applicant.
A
The filing fee
specified in division
(S)(4) of
three dollars
section 111.16 of the Revised Code shall
accompany
such
the statement.
Sec. 1329.42. A person who uses in this state a name,
mark,
or device to indicate ownership of articles or supplies may
file
in the office of the secretary of state, on a form to be
prescribed by the secretary of state, a verified statement
setting
forth, but not
limited to, the following information:
(A) The name and business address of the person filing the
statement; and, if a corporation, the state of incorporation;
(B) The nature of the business of the applicant;
(C) The type of articles or supplies in connection with
which the name, mark, or device is used.
The statement shall include or be accompanied by a
specimen
evidencing actual use of the
name, mark, or device,
together with
a
the filing fee
specified in division (U)(1) of
twenty dollars
section 111.16 of the Revised Code. The registration
of a name,
mark,
or device pursuant to this section is effective
for a
ten-year
period beginning on the date of registration. If
an
application
for renewal is filed within six months prior to
the
expiration of
the ten-year period on a form prescribed by the
secretary of
state, the registration may be renewed at the end of
each ten-year
period for an additional ten-year period.
A
The
renewal fee
specified in division (U)(2) of
ten
dollars
section
111.16 of the Revised Code shall accompany the application for
renewal. The
secretary of state shall notify a registrant within
the six months
next preceding the expiration of ten years from
the
date of
registration of the necessity of renewal by writing
to the
last
known address of the registrant.
Sec. 1329.421. The registrant of a name, mark, or device
used to indicate
ownership shall record all changes of the
registrant's
business address by filing with the
secretary of
state a written statement, on a form prescribed by the
secretary
of state, of the new address.
A
The filing fee
of
three dollars
specified in division (U)(2) of section 111.16 of the Revised Code
shall accompany the statement.
Sec. 1329.45. The certificate of the filing of any name,
mark, or device
under sections 1329.41 to 1329.53 of the Revised
Code and the benefits
obtained
thereunder
under it shall be
assignable with the sale of the articles or
supplies on which the
same are produced and used. Assignments shall be by
instruments
in writing duly executed and may be recorded upon the payment of
a
the
fee
specified in division (U)(2) of
ten dollars
section 111.16
of the Revised Code, payable to the secretary of state, who, after
recording the
assignment, upon request of the assignee, may issue
in
the assignee's name a new certificate. The instrument
shall be
on a form prescribed by the secretary of state.
Sec. 1329.56. (A) Subject to the limitations set forth in
sections 1329.54 to 1329.67 of the Revised Code, any person who
adopts and uses a trademark or service mark in this state may
file
in the office of the secretary of state, on a form to be
prescribed by the secretary of state, an application for
registration of that trademark or service mark that sets
forth,
but is
not limited to, the following information:
(1) The name and business address of the person applying
for
the registration; if the person is a corporation, the
state of
its
incorporation; if the person is a partnership or
limited liability
partnership, the state in which the
partnership
is organized and
the names of the general partners; and, if the
person is a limited
liability company, the state of its
organization;
(2) The goods or services on or in connection with
which
the
mark is used, the mode or manner in which the mark is used
on or
in
connection with the goods or services, and the class in
which
the
goods or services fall;
(3) The date when the mark was
first
used anywhere and the
date when it was first used in this state
by
the applicant or the
applicant's predecessor in interest;
(4) A statement that the applicant is the owner of the mark,
that the mark is in
use, and
that, to
the knowledge of the person
verifying the
application, no other
person has the right
to use
the mark in the
state either in the
identical form of the
mark, or
in
near
resemblance to the mark, as
to be likely, when
used on or
in
connection with the goods or services of
another
person, to
cause
confusion or mistake or to
deceive;
(5) A statement that, to the knowledge of the
person
verifying the
application, no other person has a registration or a
pending
intent to use application of
the same or a confusingly
similar mark in
the United States patent and
trademark office for
the same or similar
goods or
services or a
statement that the
applicant is the owner of a
concurrent
registration in the United
States patent and trademark
office of
the applicant's mark
covering an area
including this state.
(B) The application shall be signed and verified by the
applicant, by an authorized representative, or by an officer of
the firm,
limited liability company, limited liability
partnership, general partnership,
or limited partnership,
corporation, union, association, or
other
organization that is the
applicant.
(C) The application shall be accompanied by a specimen
of
the mark as actually used and
shall contain a
brief description of
the
mark as it appears
on the specimen.
(D) The application shall be accompanied by
a
the
filing fee
specified in division (U)(1) of
twenty dollars that is
section
111.16 of the Revised Code, payable to the secretary
of state.
Sec. 1329.58. Registration of a trademark or service mark
under sections
1329.54 to 1329.67 of the Revised Code shall be
effective for a term of ten
years from the date of registration.
Upon the
filing of an application within six
months prior to the
expiration of that term on a
form furnished by the
secretary of
state, the registrant may renew the registration at the end
of
each
ten-year period for a similar term.
A
The renewal fee
specified in division (U)(2) of
ten
dollars that is
section 111.16
of the Revised Code, payable to the
secretary of state, shall
accompany the renewal
application. The renewal application shall
require the applicant to
state
that the mark still is in use in
this state.
Sec. 1329.60. Any trademark or service mark and its
registration shall be
assignable with the good will of the
business in which the trademark or
service mark is used, or with
that part of the good will of the business
connected with the use
of and symbolized by the trademark or service mark.
Assignment
shall be by instruments in writing duly executed and may be
recorded with the secretary of state upon the payment of
a
the fee
specified in division (U)(2) of
ten dollars
section 111.16 of the
Revised Code,
payable to the secretary of state, who, after
recording the assignment, shall
issue in the name of the assignee
a new certificate for the remainder of the
term of the
registration or of the last renewal thereof. The instrument
shall
be on a form prescribed by the secretary of state. An
assignment
of any
registration shall be void as against any subsequent
purchaser for valuable
consideration without notice unless it is
recorded with the secretary of state
within three months after the
date thereof or prior to such subsequent
purchase.
Sec. 1329.601. The registrant of a trademark or service mark
shall record all
changes of the registrant's business address by
filing a
written statement, on a form prescribed by the secretary
of
state, of the new address with the secretary of state.
A
The
filing
fee
of three dollars
specified in division (U)(2) of
section 111.16 of the Revised Code shall accompany the statement.
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of
the
Revised Code:
(A) "Home solicitation sale" means a sale of consumer
goods
or services in which the seller or a person acting for
the seller
engages in a personal solicitation of the sale at a
residence of
the buyer, including solicitations in response to or following an
invitation by the buyer, and the buyer's agreement or offer to
purchase is there given to the seller or a person acting for the
seller,
or in which the buyer's agreement or offer to purchase is
made at
a place other than the seller's place of business. It
does not
include a transaction or transactions in which:
(1) The total purchase price to be paid by the buyer,
whether under single or multiple contracts, is less than
twenty-five dollars;
(2) The transaction was conducted and consummated entirely
by mail or by telephone if initiated by the buyer, and without
any
other contact between the seller or the seller's
representative
prior
to the delivery of goods or performance of the service;
(3) The final agreement is made pursuant to prior
negotiations in the course of a visit by the buyer to a retail
business establishment having a fixed permanent location where
the
goods are exhibited or the services are offered for sale on a
continuing basis;
(4) The buyer initiates the contact between the parties
for
the purpose of negotiating a purchase and the seller has a
business establishment at a fixed location in this state where
the
goods or services involved in the transaction are regularly
offered or exhibited for sale.
Advertisements by such a seller in newspapers, magazines,
catalogues, radio, or television do not constitute the seller
initiation of the contact.
(5) The buyer initiates the contact between the parties,
the
goods or services are needed to meet a bona fide immediate
personal emergency of the buyer which will jeopardize the
welfare,
health, or safety of natural persons, or endanger
property which
the buyer owns or for which the buyer is
responsible, and
the
buyer furnishes the seller with a separate, dated, and signed
statement in the buyer's handwriting describing the situation
requiring immediate remedy and expressly acknowledging and
waiving
the right to cancel the sale within three business days;
(6) The buyer has initiated the contact between the
parties
and specifically requested the seller to visit the
buyer's home
for the purpose of repairing or performing maintenance upon the
buyer's personal property. If, in the course of such a visit,
the
seller sells the buyer additional services or goods other
than
replacement parts necessarily used in performing the
maintenance
or in making the repairs, the sale of those
additional goods or
services does not fall within this exclusion.
(7) The buyer is accorded the right of rescission by the
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C.
1635, or regulations adopted pursuant to it.
(B) "Sale" includes a lease or rental.
(C) "Seller" includes a lessor or anyone offering goods
for
rent.
(D) "Buyer" includes a lessee or anyone who gives a
consideration for the privilege of using goods.
(E) "Consumer goods or services" means goods or services
purchased, leased, or rented primarily for personal, family, or
household purposes, including courses or instruction or training
regardless of the purpose for which they are taken.
(F) "Consumer goods or services" does not include goods or
services pertaining to any of the following:
(1) Sales or rentals of real property by a real estate
broker or salesperson, or by a foreign real estate dealer or
salesperson, who is
licensed by the Ohio real estate commission
under Chapter 4735.
of the Revised Code;
(2) The sale of securities or commodities by a
broker-dealer
registered with the securities and exchange
commission;
(3) The sale of securities or commodities by a securities
dealer or salesperson licensed by the division of
securities under
Chapter 1707. of the Revised Code;
(4) The sale of insurance by a person licensed by the
superintendent of insurance;
(5) Goods sold or services provided by automobile dealers
and salespersons licensed by the registrar of motor
vehicles under
Chapter 4517. of the Revised Code;
(6) The sale of property at an auction by an auctioneer
licensed by the department of
commerce
agriculture under Chapter
4707. of the
Revised Code.
(G) "Purchase price" means the total cumulative price of
the
consumer goods or services, including all interest and
service
charges.
(H) "Place of business" means the main office, or a
permanent branch office or permanent local address of a seller.
(I) "Business day" means any calendar day except Sunday,
or
the following business holidays: New Year's day,
Presidents' day,
Memorial day,
Independence day, Labor day, Columbus
day, Veterans
day, Thanksgiving day, and
Christmas day.
Sec. 1501.01. Except where otherwise expressly provided,
the
director of natural resources shall formulate and institute
all
the policies and programs of the department of natural
resources.
The chief of any division of the department shall not
enter into
any contract, agreement, or understanding unless it is
approved by
the director. No appointee or employee of the director, other
than the assistant director, may bind the director in a contract
except when
given general or special authority to do so by the
director.
The director shall correlate and coordinate the work and
activities of the divisions in the department to eliminate
unnecessary duplications of effort and overlapping of functions.
The chiefs of the various divisions of the department shall meet
with the director at least once each month at a time and place
designated by the director.
The director may create advisory boards to any of those
divisions in conformity with section 121.13 of the Revised Code.
The director may accept and expend gifts, devises, and
bequests of money, lands, and other properties on behalf of the
department or any division thereof under the terms set forth in
section 9.20 of the Revised Code. Any political subdivision of
this state may make contributions to the department for the use
of
the department or any division therein according to the terms
of
the contribution.
The director may publish and sell or otherwise distribute
data, reports, and information.
The director shall adopt rules in accordance with Chapter
119. of the Revised Code to permit the department to accept by
means of a credit card the payment of fees, charges, and rentals
at those facilities described in section 1501.07 of the Revised
Code that are operated by the department, for any data, reports,
or information sold by the department, and for any other goods or
services provided by the department.
Whenever authorized by the governor to do so, the director
may appropriate property for the uses and purposes authorized to
be performed by the department and on behalf of any division
within the department. This authority shall be exercised in the
manner provided in sections 163.01 to 163.22 of the Revised Code
for the appropriation of property by the director of
administrative services. This authority to appropriate property
is in addition to the authority provided by law for the
appropriation of property by divisions of the department. The
director of natural resources also may acquire by purchase,
lease,
or otherwise such real and personal property rights or
privileges
in the name of the state as are necessary for the
purposes of the
department or any division therein. The
director, with the
approval of the governor and the attorney
general, may sell,
lease, or exchange portions of lands or
property, real or
personal, of any division of the department or
grant easements or
licenses for the use thereof, or enter into
agreements for the
sale of water from lands and waters under the
administration or
care of the department or any of its divisions,
when the sale,
lease, exchange, easement, agreement, or license
for use is
advantageous to the state, provided that such approval
is not
required for leases and contracts made under
section
1507.12, if
any, or section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of
the Revised Code. Water may be sold from a reservoir only to the
extent that the reservoir was designed to yield a supply of water
for a purpose other than recreation or wildlife, and the water
sold is in excess of that needed to maintain the reservoir for
purposes of recreation or wildlife.
Money received from such sales, leases, easements,
exchanges,
agreements, or licenses for use, except revenues
required to be
set aside or paid into depositories or trust funds
for the payment
of bonds issued under sections 1501.12 to 1501.15
of the Revised
Code, and to maintain the required reserves
therefor as provided
in the orders authorizing the issuance of
such bonds or the trust
agreements securing such bonds, revenues
required to be paid and
credited pursuant to the bond proceeding
applicable to obligations
issued pursuant to section 154.22, and
revenues generated under
section 1520.05 of the Revised Code,
shall be deposited in the
state treasury to the credit of the
fund of the division of the
department having prior jurisdiction
over the lands or property.
If no such fund exists, the money
shall be credited to the general
revenue fund. All such money
received from lands or properties
administered by the division of
wildlife shall be credited to the
wildlife fund.
The director shall provide for the custody, safekeeping,
and
deposit of all moneys, checks, and drafts received by the
department or its employees prior to paying them to the treasurer
of state under section 113.08 of the Revised Code.
The director shall cooperate with the nature conservancy,
other nonprofit organizations, and the United States fish and
wildlife service in order to secure protection of islands in the
Ohio river and the wildlife and wildlife habitat of those
islands.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Sec. 1501.04. There is hereby created in the department of
natural resources a recreation and resources commission composed
of the
chairman
chairperson of the wildlife council created
under
section
1531.03 of the Revised Code, the
chairman
chairperson of
the
parks and
recreation council created under section 1541.40 of
the Revised
Code, the
chairman
chairperson of the waterways safety
council
created under
section 1547.73 of the Revised Code, the
chairman
chairperson of
the technical advisory council on oil and
gas created under section
1509.38 of the Revised Code, the
chairman of the forestry
advisory council created under section
1503.40 of the Revised
Code, the
chairman
chairperson of the Ohio
soil and water
conservation
commission created under section
1515.02 of the Revised Code, the
chairman
chairperson of the Ohio
natural areas council created
under section 1517.03 of the Revised
Code, the
chairman
chairperson of the Ohio water
advisory council
created under section 1521.031 of the Revised
Code, the
chairperson of the recycling and litter prevention
advisory
council created under section 1502.04 of the Revised
Code, the
chairperson of the civilian conservation advisory
council created
under section 1553.10 of the Revised Code, the
chairman
chairperson of the Ohio geology advisory council
created under
section 1505.11 of the Revised Code, and five members appointed
by
the governor with the advice and consent of the senate, not
more
than three of whom shall belong to the same political party.
The
director of natural resources shall be an ex officio member
of the
commission, with a voice in its deliberations, but without
the
power to vote.
Terms of office of members of the commission appointed by
the
governor shall be for five years, commencing on the second
day of
February and ending on the first day of February. Each
member
shall hold office from the date of
his appointment until
the end
of the term for which
he
the member was appointed.
In the event of the death, removal, resignation, or
incapacity of a member of the commission, the governor, with the
advice and consent of the senate, shall appoint a successor who
shall hold office for the remainder of the term for which
his
the
member's predecessor was appointed. Any member shall continue in
office
subsequent to the expiration date of
his
the member's term
until
his
the member's successor takes office, or until a period
of
sixty days has elapsed, whichever occurs first.
The governor may remove any appointed member of the
commission for misfeasance, nonfeasance, or malfeasance in
office.
The commission shall exercise no administrative function,
but
may:
(A) Advise with and recommend to the director of natural
resources as to plans and programs for the management,
development, utilization, and conservation of the natural
resources of the state;
(B) Advise with and recommend to the director as to
methods
of coordinating the work of the divisions of the
department;
(C) Consider and make recommendations upon any matter
which
the director may submit to it;
(D) Submit to the governor biennially recommendations for
amendments to the conservation laws of the state.
Before
Each member of the commission, before entering upon
the
discharge of
his
the member's duties,
each
member of the
commission shall take and subscribe to an oath of
office, which
oath, in writing, shall be filed in the office of
the secretary of
state.
The members of the commission shall serve without
compensation, but shall be entitled to receive their actual and
necessary expenses incurred in the performance of their official
duties.
The commission, by a majority vote of all its
members, shall
adopt and amend bylaws.
To be eligible for appointment, a person shall be a citizen
of the United States and an elector of the state and shall
possess
a knowledge of and have an interest in the natural
resources of
this state.
The commission shall hold at least four regular quarterly
meetings each year. Special meetings shall be held at such times
as the bylaws of the commission provide. Notices of all meetings
shall be given in such manner as the bylaws provide. The
commission shall choose annually from among its members a
chairman
chairperson to preside over its meetings and a
secretary to keep a
record of its proceedings. A majority of the members of the
commission constitutes a quorum. No advice shall be given or
recommendation made without a majority of the members of the
commission concurring therein.
Sec. 1501.23. The department of natural resources may
utilize the services of
volunteers to implement clean-up and
beautification programs or any other
programs that accomplish any
of the purposes of the department. The director
of natural
resources shall approve all volunteer programs and may recruit,
train, and supervise the services of community volunteers or
volunteer groups
for volunteer programs. The director may
designate volunteers in a volunteer
program as state employees for
the purpose of motor vehicle accident liability
insurance under
section 9.83 of the Revised Code, for the purpose of immunity
under section 9.86 of the Revised Code, and for the purpose of
indemnification from liability incurred in the performance of
their duties
under section 9.87 of the Revised Code.
Sec. 1501.40. The department of natural resources is the
designated state
agency responsible for the coordination and
administration of sections 120 to
136 of the
"National and
Community Service Act of 1990," 104 Stat. 3127
(1990), 42 U.S.C.A.
12401 to 12456,
and amendments thereto
as amended. With the
assistance of the
state
Ohio community service
advisory committee
council created in section
121.40 of the Revised Code, the
director of natural resources shall coordinate
with other state
agencies to apply for funding under the act when appropriate
and
shall administer any federal funds the state receives under
sections 120
to 136 of the act.
Sec. 1502.12. (A) There is hereby created in the state
treasury the scrap tire grant fund, consisting of moneys
transferred to the fund under section 3734.82 of the Revised Code.
The chief of the division of recycling and litter prevention, with
the approval of the director of natural resources, may make grants
from the fund for the purpose of supporting market development
activities for scrap tires. The grants may be awarded to
individuals, businesses, and entities certified under division (B)
of section 1502.04 of the Revised Code.
(B) Projects and activities that are eligible for grants
under this section shall be evaluated for funding using, at a
minimum, the following criteria:
(1) The degree to which a proposed project contributes to
the increased use of scrap tires generated in this state;
(2) The degree of local financial support for a proposed
project;
(3) The technical merit and quality of a proposed project.
Sec. 1503.011. The chief of the division of forestry shall
be responsible for the conservation and development of forests
within this state.
He
The chief shall be concerned with
silvicultural
practices, including the proper planting, growing,
protecting,
harvesting, and managing of trees for such purposes as
watershed
and soil protection, timber production and utilization,
recreation, aesthetics, wildlife habitat development, and urban
enhancement and for all benefits that forests provide.
The chief may do any or all of the following:
(A) Provide rural forestry assistance to nonindustrial
private forest landowners, including advice in tree planting,
forest improvement, harvesting, and all aspects of conservation;
(B) Provide urban forestry assistance to individuals,
nonprofit organizations, and political subdivisions to manage
their urban forest resource and develop comprehensive tree care
programs;
(C) Provide wood utilization, marketing, and rural
forestry
development assistance to forest industries, political
subdivisions and agencies thereof, and state and federal agencies
for the purpose of establishing and maintaining a viable,
economically sound wood-based industry while expanding the forest
resource of this state;
(D) Provide forest pest protection assistance to forest
landowners, political subdivisions and agencies thereof, and
state
and federal agencies on assessing and evaluating the health
and
vigor of the forest resource;
(E) Provide technical assistance to landowners in
developing
forest windbreaks, filter strips, and other forest
management
practices that provide conservation benefits;
(F) Provide awareness of and education concerning the
programs provided for under divisions (A) to (E) of this section;
(G) Enter into agreements with political subdivisions and
agencies thereof, state and federal agencies, firefighting
agencies and private fire companies, as those terms are defined
in
section 9.60 of the Revised Code, nonprofit organizations, and
individuals to meet the needs of forestry assistance in this
state
and, in accordance with
sections
section 1503.01
and 1503.35 of
the
Revised Code, develop and administer grant programs for any of
those entities requesting assistance. The chief shall adopt, and
may amend and rescind, rules in accordance with Chapter 119. of
the Revised Code establishing such requirements and procedures as
are necessary to implement this division.
As used in this section,
"nonprofit organization" has the
same meaning as in section 4141.01 of the Revised Code.
Sec. 1507.01. There is hereby created in the department of
natural resources the division of engineering to be administered
by the chief engineer of the department, who shall be a
professional engineer registered under Chapter 4733. of the
Revised Code. The chief engineer shall do all of the following:
(A) Administer this chapter;
(B) Provide engineering, architectural, land surveying,
and
related administrative and maintenance support services to
the
other divisions in the department;
(C) Upon request of the director of natural resources,
implement the department's capital improvement program and
facility maintenance projects, including all associated
engineering, architectural, design, contracting, surveying,
inspection, and management responsibilities and requirements;
(D) With the approval of the director, act as contracting
officer in departmental engineering, architectural, surveying,
and
construction matters regarding capital improvements except
for
those matters otherwise specifically provided for in law;
(E)
As long as the state retains ownership of the
Burr Oak
water system, administer, operate, and maintain
the Burr Oak water
system and, with the approval of the director, act as contracting
agent in matters concerning that system;
(F) Provide engineering support for the coastal management
program established under Chapter 1506. of the Revised Code;
(G)(F) Coordinate the department's roadway maintenance
program with the department of transportation pursuant to section
5511.05 of the Revised Code and maintain the roadway inventory of
the department of natural resources;
(H) Coordinate the department's emergency response
activities with the emergency management agency created in
section
5502.22 of the Revised Code;
(I)(G) Coordinate the department's projects, programs,
policies, procedures, and activities with the United States army
corps of engineers;
(J)(H) Subject to the approval of the director, employ
professional and technical assistants and such other employees as
are necessary for the performance of the activities required or
authorized under this chapter, other work of the division, and
any
other work agreed to under working agreements or contractual
arrangements; prescribe their duties; and fix their compensation
in accordance with such schedules as are provided by law for the
compensation of state employees.
Sec. 1509.06. An application for a permit to drill a new
well, drill an existing well deeper, reopen a well, convert a
well
to any use other than its original purpose, or plug back a
well to
a different source of supply shall be filed with the
chief of the
division of mineral resources
management upon such form as the
chief
prescribes and shall contain each of the following that is
applicable:
(A) The name and address of the owner and, if a
corporation,
the name and address of the statutory agent;
(B) The signature of the owner or the owner's authorized
agent.
When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as such
agent.
(C) The names and addresses of all persons holding the
royalty interest in the tract upon which the well is located or
is
to be drilled or within a proposed drilling unit;
(D) The location of the tract or drilling unit on which
the
well is located or is to be drilled identified by section or
lot
number, city, village, township, and county;
(E) Designation of the well by name and number;
(F) The geological formation to be tested or used and the
proposed total depth of the well;
(G) The type of drilling equipment to be used;
(H) If the well is for the injection of a liquid, identity
of the geological formation to be used as the injection zone and
the composition of the liquid to be injected;
(I) A sworn statement that all requirements of any
municipal
corporation, county, or township having jurisdiction
over any
activity related to the drilling or operation of an oil
or gas
well that have been filed with the division of
mineral resources
management and are in effect at the time the
application is filed,
including, but not limited to, zoning ordinances and resolutions
and the requirements of section 4513.34 of the Revised Code, will
be complied with until abandonment of the well;
(J) A plan for restoration of the land surface disturbed
by
drilling operations. The plan shall provide for compliance
with
the restoration requirements of division (A) of section
1509.072
of the Revised Code and any rules adopted by the chief
pertaining
to that restoration.
(K) A description by name or number of the county,
township,
and municipal corporation roads, streets, and highways
that the
applicant anticipates will be used for access to and
egress from
the well site;
(L) Such other relevant information as the chief
prescribes
by rule.
Each application shall be accompanied by a map, on a scale
not smaller than four hundred feet to the inch, prepared by an
Ohio registered surveyor, showing the location of the well and
containing such other data as may be prescribed by the chief. If
the well is or is to be located within the excavations and
workings of a mine, the map also shall include the location of
the
mine, the name of the mine, and the name of the person
operating
the mine.
The chief shall cause a copy of the weekly circular
prepared
by the division to be provided to the
county engineer of each
county that contains active or proposed
drilling activity. The
weekly circular shall contain, in the
manner prescribed by the
chief, the names of all applicants for
permits, the location of
each well or proposed well, the
information required by division
(K) of this section, and
any
additional information the chief
prescribes.
The chief shall not
issue a permit for at least ten days
after the date of filing of
the application for the permit unless,
upon reasonable cause
shown, the chief waives that period or a
request for
expedited review is
filed under this section.
However,
the chief shall issue a
permit within twenty-one days of
the
filing of the application
unless the chief denies the
application
by order.
An applicant may file a request with the chief for
expedited
review of a permit application if the well is not
or
is not to be
located in a gas storage reservoir or reservoir
protective area,
as "reservoir protective area" is defined in
section 1571.01 of
the Revised Code. If the well is or is to be
located in a coal
bearing township, the application shall be
accompanied by the
affidavit of the landowner prescribed in
section 1509.08 of the
Revised Code.
In addition to a complete application for a permit that meets
the
requirements of this section and the permit fee prescribed by
this section, a
request for expedited review shall be accompanied
by a separate nonrefundable
filing
fee of five hundred dollars.
Upon the filing of a request for
expedited review, the chief shall
cause the county engineer of the county in
which the well
is or is
to be located to be notified of the filing of the permit
application and the request for expedited review by telephone or
other means that in the judgment of the chief
will provide
timely
notice of the application and request. The
chief shall issue a
permit within seven days of the filing of the
request unless the
chief denies the application by order.
Notwithstanding the
provisions of this section governing
expedited review of permit
applications, the chief may refuse to
accept requests for
expedited review if, in the chief's
judgment, the
acceptance of
the requests would prevent the issuance, within
twenty-one days of
their filing, of permits for which
applications are pending.
A well shall be drilled and operated in accordance with the
plans, sworn statements, and other information submitted in the
approved application.
The chief shall issue an order denying a permit if the
chief
finds that there is a substantial risk that the operation
will
result in violations of this chapter or rules adopted
under it
that will present an imminent danger to
public health
or safety or
damage to the environment, provided that where the
chief finds
that terms or conditions to the permit can reasonably
be expected
to prevent such violations, the chief shall issue the
permit
subject to those terms or conditions.
Each application for a permit required by section 1509.05
of
the Revised Code, except an application for a well drilled or
reopened for purposes of section 1509.22 of the Revised Code,
also
shall be accompanied by a nonrefundable fee of two hundred
fifty
dollars.
The chief may order the immediate suspension of drilling,
operating, or plugging activities after finding that
any person is
causing, engaging in, or maintaining a condition or activity
that
in the chief's judgment presents an
imminent danger to
public
health or safety or results in or is likely to result in
immediate
substantial damage to natural resources or for
nonpayment of the
fee required by this section. The chief may
order the immediate
suspension of the drilling or reopening of a
well in a coal
bearing
township after determining that the drilling or reopening
activities present
an imminent and substantial threat to public
health or safety or to miners'
health or safety. Before issuing
any
such order, the chief shall notify the owner in such manner as
in
the chief's judgment would provide reasonable notification that
the chief intends to issue a suspension order. The chief may
issue such
an order without prior notification if reasonable
attempts to
notify the owner have failed, but in such an event
notification
shall be given as soon thereafter as practical.
Within five
calendar days after the issuance of the order, the
chief shall
provide the owner an opportunity to be heard and to
present
evidence that the condition or activity is not likely to
result
in immediate substantial damage to natural resources or
does not
present an imminent danger to public health or safety or
to miners' health
or safety, if applicable.
In the case of
activities in a coal bearing township, if the chief, after
considering evidence presented by the owner, determines that the
activities do
not present such a threat, the chief shall revoke
the suspension
order. Notwithstanding any provision of this
chapter, the owner
may
appeal a suspension order directly to the
court of common
pleas of the
county in which the activity is
located or, if in a coal bearing township,
to the
mine examining
board
reclamation commission under section 1513.13 of the Revised
Code.
Sec. 1509.071. (A) When the chief of the division of
mineral resources
management finds that an owner has failed to
comply with the restoration
requirements of section 1509.072,
plugging requirements of
section 1509.12, or permit provisions of
section 1509.13 of the
Revised Code, or rules and orders relating
thereto, the chief shall
make
a finding of that fact and declare
any surety bond filed to
ensure compliance with those sections and
rules forfeited in the
amount set by rule of the chief. The chief
thereupon shall
certify the total forfeiture to the attorney
general, who shall
proceed to collect the amount of the
forfeiture.
In lieu of total forfeiture, the surety, at its option, may
cause the well to be properly plugged and abandoned and the area
properly restored or pay to the treasurer of state the cost
of
plugging and abandonment.
(B) All moneys collected because of forfeitures of
bonds as
provided in this section shall be deposited in the state
treasury
to the credit of the oil and gas well fund created in section
1509.02 of the Revised Code. The fund shall be
expended by the
chief
for the following purposes in addition to the other purposes
specified in
that section:
(1) In accordance with division (D) of this section, to
plug
wells or to
restore the land surface properly as
required
in
section 1509.072 of the Revised Code for which the bonds
have
been
forfeited, for abandoned wells for which no funds are
available to
plug the wells in accordance with this
chapter, or to use
abandoned wells for the injection of oil or gas
production wastes;
(2) In accordance with division (E) of this section, to
correct conditions
that the chief reasonably has determined are
causing imminent health or safety
risks.
Expenditures from the fund shall be made only for lawful
purposes.
(C)(1) Upon determining that
the owner of a well has failed
to properly plug and
abandon it or to properly restore the land
surface at the well
site in compliance with the applicable
requirements of this
chapter and applicable rules adopted and
orders issued under it or that a
well is an abandoned well for
which no funds are available to
plug the well in accordance with
this chapter, the chief shall
do all of the following:
(a) Determine from the records in the office of
the county
recorder of the county in which the well is located
the identity
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the well
was drilled
or the identity of each person owning an interest in
the lease, and the
identities of the persons having legal
title
to, or a lien upon, any of the equipment appurtenant to
the well;
(b) Mail notice to the owner of the
land on which the well
is located informing the landowner that
the well is to be plugged.
If the owner of the oil or gas lease under which
the well was
drilled is different from the owner of the well or if any persons
other than the owner of the well own interests in the lease, the
chief also
shall mail notice that the well is to be plugged to the
owner of the lease or
to each person owning an interest in the
lease, as appropriate.
(c) Mail notice to each person having
legal title to, or a
lien upon, any equipment appurtenant to the
well, informing the
person that the well is to be plugged and
offering the person the
opportunity to plug the well and restore
the land surface at the
well site at the person's own expense in
order to avoid forfeiture
of the equipment to this state.
(2) If none of the persons described in division
(C)(1)(c)
of this section plugs the well within sixty days after the
mailing
of the notice required by that division, all equipment
appurtenant
to the well is hereby declared to be forfeited to
this state
without compensation and without the necessity for
any action by
the state for use to defray the cost of plugging
and abandoning
the well and restoring the land surface at the
well site.
(D) Expenditures from the fund for the purpose of division
(B)(1) of
this
section shall be made in accordance with either of
the following:
(1) The expenditures may be made pursuant to contracts
entered into by
the chief with
persons who agree to furnish all of
the materials, equipment,
work, and labor as specified and
provided in such a contract. Agents or
employees of persons
contracting with the chief for the
restoration, plugging, and
injection projects may enter upon any
land, public or private,
for
which a project has been approved
by the controlling board and on
which the well is located, for
the purpose of performing the work.
Prior to such entry, the
chief shall give to the following persons
written notice of the
existence of a contract for a project to
restore, plug, or inject
oil or gas production wastes into a well,
the names of the
persons with whom the contract is made, and the
date that the
project will commence: the owner of the well, the
owner of the
land upon which the well is located, the owner or
agents of
adjoining land, and, if the well is located in the same
township as or in a
township adjacent to the excavations and
workings of a mine and the owner or
lessee of that mine has
provided written notice identifying those townships to
the chief
at any time during the immediately preceding three years, the
owner
or lessee of the mine.
The chief periodically shall submit project proposals under
division
(D)(1) of this section to
the controlling board, together
with benefit and cost data and
other pertinent information.
Expenditures from the fund for the purpose of
division (D)(1) of
this section may be
made only for restoration, plugging, or
injection projects that
are approved by the controlling board, and
expenditures for a
particular project may not exceed any limits
set by the board.
(2)(a) The owner of the land
on which a well is located who
has received notice under
division (C)(1)(b) of this section may
plug
the well and be reimbursed by the division for the reasonable
cost of plugging the well. In order to plug the well, the
landowner
shall submit an application to the chief on a form
prescribed by
the chief and approved by the technical advisory
council on oil
and gas created in section 1509.38 of the
Revised
Code. The application, at a
minimum, shall require the landowner
to provide the same
information as is required to be included in
the application for
a permit to plug and abandon under section
1509.13 of the
Revised Code. The application shall be
accompanied
by a copy of a proposed contract to plug the well
prepared by a
contractor regularly engaged in the business of
plugging oil and
gas wells. The proposed contract shall require
the contractor to
furnish all of the materials, equipment, work,
and labor necessary
to plug the well properly and shall
specify the price for
doing
the work, including a credit for the equipment appurtenant to the
well
that was forfeited to the state through the operation of
division
(C)(2) of this section. The application
also shall be
accompanied by the permit fee required by section
1509.13 of the
Revised Code unless the chief, in the
chief's discretion, waives
payment of the permit fee. The application
constitutes an
application for a permit to plug and abandon the
well for the
purposes of section 1509.13 of the
Revised Code.
(b) Within thirty days after
receiving an application and
accompanying proposed contract
under division
(D)(2)(a) of this
section, the chief shall determine
whether the plugging would
comply with the applicable requirements of this chapter and
applicable rules adopted and orders issued under it and whether
the cost of the plugging under the proposed contract is
reasonable. If the chief determines that the proposed
plugging
would comply with those requirements and that the
proposed cost of
the plugging is reasonable, the chief shall notify the
landowner
of that determination and issue to the landowner a
permit to plug
and abandon the well under section 1509.13 of the
Revised Code.
Upon approval of the
application and proposed contract, the chief
shall transfer
ownership of the equipment appurtenant to the well
to the
landowner. The chief may disapprove an application
submitted
under division (D)(2)(a)
of this section if the chief
determines that the proposed
plugging would not comply with the
applicable requirements of
this chapter and applicable rules
adopted and orders issued
under it, that the cost of the plugging
under the proposed
contract is unreasonable, or that the proposed
contract is not a
bona fide, arms length contract.
(c) After receiving the chief's
notice of the approval of
the application and permit to plug and
abandon a well under
division (D)(2)(b) of this section, the landowner shall
enter into
the
proposed contract to plug the well. The plugging shall be
completed within one hundred eight days after the landowner
receives the notice of approval and permit.
(d) Upon determining that the
plugging has been completed
within the time required by division
(D)(2)(c)
of this section and
has been completed in compliance with
the applicable requirements
of this chapter and applicable rules
adopted and orders issued
under it, the chief shall reimburse
the landowner for the cost of
the plugging as set forth in the
proposed contract approved by the
chief. The reimbursement
shall be paid from the oil and gas well
fund. If the
chief determines that the plugging was not completed
within the
required time or was not completed in accordance with
the applicable
requirements, the chief shall not reimburse the
landowner for
the cost of the plugging, and the landowner or the
contractor, as applicable,
promptly shall
transfer back to this
state title to and possession of the equipment
appurtenant
to the
well that previously was transferred to the landowner
under
division (D)(2)(b)
of this section. If any such equipment was
removed from the
well during the plugging and sold, the landowner
shall pay to
the chief the proceeds from the sale of the
equipment, and the
chief promptly shall pay the moneys so received
to the treasurer
of state for deposit into the oil and gas well
fund.
The chief may establish an annual limit on the number of
wells that may be plugged under division
(D)(2) of this section or
an
annual limit on the expenditures to be made under that
division.
As used in division
(D)(2) of this section,
"plug"
and
"plugging" include the plugging of the well and the
restoration of
the land surface disturbed by the plugging.
(E) Expenditures from the oil and gas well fund for the
purpose of
division (B)(2) of this
section may be made pursuant to
contracts entered into by the chief with
persons who agree to
furnish all of the materials, equipment, work, and labor
as
specified and provided in such a contract. The competitive
bidding
requirements of Chapter 153. of the Revised Code do not
apply if the chief
reasonably determines that correction of the
applicable health or safety risk
requires immediate action. The
chief, designated representatives
of the chief, and agents or
employees of persons contracting with the chief
under this
division
may enter upon any land, public or private, for the
purpose of performing the
work.
(F) Contracts entered into by the
chief under this section
are not subject to either of the
following:
(1) Chapter 4115. of the Revised Code;
(2) Section 153.54 of the
Revised Code, except that the
contractor shall obtain and provide to the chief as a bid
guaranty
a surety bond or letter of credit in an amount equal to
ten per
cent of the amount of the contract.
(G) The owner
of land on which a well is located who has
received notice under
division
(C)(1)(b)
of this section, in lieu
of plugging the well in accordance with
division (D)(2) of this
section, may cause ownership of the well to be transferred to an
owner who is lawfully doing business in this state and who has
met
the financial responsibility requirements established under
section 1509.07 of the Revised
Code, subject to the approval
of
the chief. The transfer of ownership also shall be subject
to the
landowner's filing the appropriate forms required under
this
chapter and providing to the chief sufficient information
to
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a
lease, or other documentation of ownership or property
rights.
The chief shall approve or disapprove the transfer of
ownership of the well. If the chief approves the transfer, the
owner is responsible for operating the well in accordance with
this chapter and rules adopted under it, including, without
limitation, all of the following:
(1) Filing an application with the chief under section
1509.06 of the Revised
Code if the owner intends to
drill deeper
or produce a formation that is not listed in the
records of the
division for that well;
(2) Taking title to and possession of the equipment
appurtenant to the well that has been identified by the chief as
having been abandoned by the former owner;
(3) Complying with all applicable requirements that
are
necessary to drill deeper, plug the well, or plug back the
well.
Sec. 1509.08. Upon receipt of an application for a permit
required by section 1509.05 of the Revised Code, or upon receipt
of an application for a permit to plug and abandon under section
1509.13 of the Revised Code, the chief of the division of mineral
resources
management shall determine whether the well
is
or is to
be located in a
coal bearing township.
Whether or not the well is or is to be located in a coal
bearing township, the chief, by order, may refuse to issue a
permit required by section 1509.05 of the Revised Code to any
applicant who at the time of applying for the permit is in
material or substantial violation of this chapter or rules
adopted
or orders issued under it. The chief shall
refuse to
issue a
permit to any applicant who at the time of applying for
the permit
has been found liable by a final nonappealable order
of a court of
competent jurisdiction for damage to streets,
roads, highways,
bridges, culverts, or drainways pursuant to
section 4513.34 or
5577.12 of the Revised Code until the
applicant provides the chief
with evidence of compliance with the
order. No applicant shall
attempt to circumvent this provision
by applying for a permit
under a different name or business
organization name, by
transferring responsibility to another
person or entity, by
abandoning the well or lease, or by any
other similar act.
If the well is not or is not to be located in a coal
bearing
township, or if it is to be located in a coal bearing
township,
but the landowner submits an affidavit
attesting to ownership of
the property in fee simple, including the
coal, and has no
objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a
well that is or is to be located in a coal bearing
township, the
chief immediately
shall notify the owner or lessee of any affected
mine that the
application has
been filed and send to the owner or
lessee two copies of the map
accompanying the application setting
forth the location of the
well.
If the owner or lessee objects to the location of the well
or
objects to any location within fifty feet of the original
location
as a possible site for relocation of the well, the owner
or lessee
shall notify the chief
of the objection, giving the reasons for
the objection
and, if applicable, indicating on a copy of the map
the particular location or
locations within fifty
feet of the
original location to which the owner or lessee
objects as a site
for possible relocation of the well, within six days after
the
receipt of the notice. If the chief receives no objections from
the owner
or lessee of the mine
within ten days after the receipt
of the notice by the owner or
lessee, or if in the opinion of the
chief the objections offered by
the owner or
lessee are not
sufficiently
well founded, the chief immediately shall notify
the
owner or lessee of those findings. The owner or lessee
may appeal
the decision of the chief
to the
mine
examining board created
reclamation commission under section
1561.10
1513.13 of the
Revised
Code. The appeal shall be filed within fifteen days,
notwithstanding provisions in divisions (A)(1) of section 1513.13
of the Revised Code, to the contrary, from
the
date on which the
owner or lessee receives the notice. If the
appeal is not filed
within that time, the chief immediately shall
approve the
application and issue the permit if the
provisions of
this chapter
pertaining to the issuance of such a permit have been
complied
with.
If the chief receives an
objection
from the owner or lessee
of the mine as to the location of the
well within ten days after
receipt of the notice by the owner or
lessee, and if in the
opinion of the chief the objection is well
founded, the chief
shall disapprove the application and
suggest a new
location for
the well, provided that the suggested new location
shall not be a
location within fifty feet of the original
location to which the
owner or lessee has objected as a site for
possible relocation of
the well if the chief has determined that
the objection is well
founded. The chief immediately shall notify
the applicant
for the
permit of
the disapproval and any suggestion as to a new location
for the well. The
applicant may withdraw the application or amend
the application
to drill the well at the location suggested by the
chief, or the applicant
may
appeal the disapproval of the
application by the chief to
the
mine
examining board
reclamation
commission.
If the chief receives no
objection
from the owner or lessee
of a mine as to the location of the
well, but does receive an
objection from the owner or lessee as
to one or more locations
within fifty feet of the original
location as possible sites for
relocation of the well within ten
days after receipt of the notice
by the owner or lessee, and if
in the opinion of the chief the
objection is well founded,
the chief nevertheless shall approve
the application and issue a permit if the
provisions of this
chapter
pertaining to the issuance of such a permit have been
complied
with, incorporating as a term or condition of the permit
that the
applicant is prohibited from commencing drilling at any
location
within fifty feet of the original location that has been
disapproved by the chief. The
applicant may appeal to the
mine
examining board
reclamation commission the terms and conditions
of
the permit prohibiting the commencement of drilling at any
such
location disapproved by the chief.
Any such appeal shall be filed within fifteen days,
notwithstanding provisions in division (A)(1) of section 1513.13
of the Revised Code to the contrary, from the
date the applicant
receives notice of the disapproval of the
application, any other
location within fifty feet of the original
location, or terms or
conditions of the permit, or the owner or
lessee receives notice
of the chief's decision. No approval or
disapproval of an
application shall be delayed by the chief for more than
fifteen
days from the
date
of sending the notice of the application to the
mine owner or lessee
as required by this section.
All appeals provided for in this section shall be treated
as
expedited appeals. The
mine examining board
reclamation
commission shall hear any
such appeal in accordance with section
1561.53
1513.13 of the Revised Code and
render
issue
a
decision
within thirty days of the filing of the
notice of appeal.
The chief shall not issue a
permit to drill a new well or
reopen a well that is or is
to be located within three hundred
feet of any opening of any mine used
as a means of ingress,
egress, or ventilation for persons
employed in the mine, nor
within one hundred feet of any
building or
inflammable structure
connected with the mine and
actually used as a part of the
operating equipment of the mine, unless the
chief determines that
life or property
will
not be endangered by drilling and operating
the well in that
location.
Sec. 1509.11. The owner of any well producing or capable of
producing oil or
gas shall file with the chief of the division of
mineral
resources management, on or before the
fifteenth
first day
of
April
March, a statement of production of oil, gas, and brine
for
the last preceding calendar year in such form as the chief may
prescribe.
The chief shall include on the form, at the minimum, a
request for the submittal of the information that a person who is
regulated under this chapter is required to submit under the
"Emergency Planning and Community Right-To-Know Act of 1986," 100
Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under it,
and that the division does not obtain through other reporting
mechanisms.
Sec. 1509.23.
(A) Rules of the chief of the division of
mineral resources management may specify
practices to be followed
in the drilling of wells and production of oil and
gas for
protection of public health or safety or to prevent damage to
natural
resources, including specification of devices, minimum
distances that wells
and other excavations, structures, and
equipment shall be located from water
wells, streets, roads,
highways, railroad tracks, and buildings, other
methods of
operation, and procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of
oil from oil
production facilities and oil drilling and workover
facilities consistent with
and equivalent in scope, content, and
coverage to section 311(j)(1)(c) of the
"Federal Water Pollution
Control Act Amendments of 1972," 86 Stat. 886, 33
U.S.C.A. 1251,
as amended, and regulations adopted under it.
(B) The chief, in consultation with the emergency response
commission created in section 3750.02 of the Revised Code, shall
adopt rules in accordance with Chapter 119. of the Revised Code
that specify the information that shall be included in an
electronic database that the chief shall create and maintain. The
information shall be that which the chief considers to be
appropriate for the purpose of responding to emergency situations
that pose a threat to public health or safety or the environment.
At the minimum, the information shall include that which a person
who is regulated under this chapter is required to submit under
the "Emergency Planning and Community Right-To-Know Act of 1986,"
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under
it.
In addition, the rules shall specify whether and to what
extent the database and the information that it contains will be
made accessible to the public. The rules shall ensure that the
database will be made available via the internet or a system of
computer disks to the emergency response commission and to every
local emergency planning committee and fire department in this
state.
Sec. 1513.05. There is hereby created a reclamation
commission
consisting of seven members appointed by the
governor
with the advice and consent of the senate.
For the purposes of
hearing appeals under section 1513.13 of the Revised Code that
involve mine safety issues, the reclamation commission shall
consist of two additional members appointed specifically for that
function by the governor with the advice and consent of the
senate. All terms of office
shall be for five years, commencing
on the twenty-ninth day of
June and ending on the twenty-eighth
day of June. Each member
shall hold office from the date of
appointment until the end
of the term for which the appointment
was
made. Each vacancy occurring
on the commission shall be
filled by appointment within
sixty days
after the vacancy occurs.
Any member appointed to fill a vacancy
occurring prior to the
expiration of the term for which the
member's
predecessor was
appointed shall hold office for the remainder of
such term. Any
member shall continue in office subsequent to the
expiration date
of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
Two
Two of the appointees to the commission shall be persons
who,
at the
time of their appointment, own and operate a farm or are
retired
farmers. Notwithstanding section 1513.04 of the Revised
Code,
one of the appointees to the commission shall be a person
who, at the
time of appointment, is the representative of an
operator of
a coal mine. One of the appointees to the commission
shall be a
person who, by reason of the person's previous
vocation,
employment, or
affiliations, can be classed as a
representative of the public.
One of the appointees to the
commission shall be a person
who, by
reason of previous training
and experience, can be classed as
one learned and experienced in
modern forestry practices. One of
the appointees to the
commission shall be a person who, by
reason of
previous training
and experience, can be classed as one
learned and experienced in
agronomy. One of the appointees to
the commission shall be either
a person who, by reason of
previous
training and experience, can
be classed as one capable and
experienced in earth-grading
problems, or a civil engineer. Not
more than four members shall
be members of the same political
party.
The two additional members of the commission who are
appointed specifically to hear appeals that involve mine safety
issues shall be individuals who, because of previous vocation,
employment, or affiliation, can be classified as representatives
of employees currently engaged in mining operations. One shall be
a representative of coal miners, and one shall be a representative
of aggregates miners. Prior to making the appointment, the
governor shall request the highest ranking officer in the major
employee organization representing coal miners in this state to
submit to the governor the names and qualifications of three
nominees and shall request the highest ranking officer in the
major employee organization representing aggregates miners in this
state to do the same. The governor shall appoint one person
nominated by each organization to the commission. The nominees
shall have not less than five years of practical experience in
dealing with mine health and safety issues and at the time of the
nomination shall be employed in positions that involve the
protection of the health and safety of miners. The major employee
organization representing coal miners and the major employee
organization representing aggregates miners shall represent a
membership consisting of the largest number of coal miners and
aggregates miners, respectively, in this state compared to other
employee organizations in the year prior to the year in which the
appointments are made.
When the commission hears an appeal that involves a coal
mining safety issue, one of the commission members who owns and
operates a farm or is a retired farmer shall be replaced by the
additional member who is a representative of coal miners. When
the commission hears an appeal that involves an aggregates mining
safety issue, one of the commission members who owns and operates
a farm or is a retired farmer shall be replaced by the additional
member who is a representative of aggregates miners. Neither of
the additional members who are appointed specifically to hear
appeals that involve mine safety issues shall be considered to be
members of the commission for any other purpose, and they shall
not participate in any other matters that come before the
commission.
The commission may appoint a secretary to hold office at
its
pleasure. A commission member may serve as secretary.
The
secretary
shall perform such duties as the commission prescribes,
and shall
receive such compensation as the commission fixes in
accordance with
such schedules as are provided by law for the
compensation of
state employees.
The commission shall appoint one or more hearing officers
who
shall be attorneys at law admitted to practice in this state to
conduct hearings under this chapter.
Four members constitute a quorum, and no action of the
commission shall be valid unless it has the concurrence of
at
least
four members. The commission shall keep a record of its
proceedings.
Each member shall be paid as compensation for work as a
member one hundred fifty dollars per day when actually engaged in
the performance of work as a member and when engaged in
travel
necessary in connection with such work. In addition to
such
compensation each member shall be reimbursed for all
traveling,
hotel, and other expenses, in accordance with the
current travel
rules of the office of budget and management,
necessarily incurred
in the performance of the member's work
as a member.
Annually one member shall be elected as chairperson and
another member shall be elected as
vice-chairperson for terms of
one
year.
The governor may remove any member of the commission from
office
for inefficiency, neglect of duty, malfeasance,
misfeasance, or
nonfeasance, after delivering to the member the
charges against
the member in writing with at least ten days'
written notice
of the time
and place at which the governor will
publicly hear the member,
either in person or by counsel, in
defense of the charges against
the member. If the member is
removed from office, the
governor shall
file in the office of the
secretary of state a complete statement
of the charges made
against the member and a complete report of
the proceedings. The
action of the governor removing a member
from office is final.
The commission shall adopt rules governing procedure of
appeals
under section 1513.13 of the Revised Code and may, for its
own
internal management, adopt rules
which
that do not affect
private
rights.
Sec. 1513.10. If, at the end of a coal mining operation's
permit or renewal period, the number of acres of land affected by
the operation proves to be smaller than the number of acres of
land for which the operator paid a permit fee for the operation
under section 1513.07 of the Revised Code, the operator is
entitled to a refund of the excess permit fee. The refund shall
be in an amount equal to the amount paid per acre as a permit fee
multiplied by the difference between the number of acres in the
area of land affected as verified by the division of mineral
resources management and the number of acres of land for which the
operator paid a permit fee.
Refunds shall be paid out of the reclamation fee fund,
which is hereby created in the state treasury. The treasurer of
state shall place forty thousand dollars from the fees collected
under section 1513.07 of the Revised Code in the fund. As moneys
are spent from the fund, the treasurer of state shall credit to
the fund the amount that is needed to keep the balance of the fund
at forty thousand dollars. The remainder of the fees collected
under section 1513.07 of the Revised Code shall be deposited with
the treasurer of state to the credit of the coal mining
administration and reclamation reserve fund created in section
1513.181 of the Revised Code.
Sec. 1513.13. (A)(1)
A person having an interest that is or
may be
adversely
affected by a finding or determination of the
chief of the division of
mineral resources management made under
section
1509.08, 1561.35, 1561.351, 1563.13, or
6111.044 of the
Revised
Code or an investigation made
by the chief under section
1561.51 of the
Revised
Code may appeal to the mine
examining board
in accordance with those sections. Any
other
person having an
interest that
is or may be adversely affected by a notice of
violation, order,
or decision of the chief
of the division of
mineral resources management,
other than a
show cause order or an
order that adopts a rule, or by any
modification, vacation, or
termination of such a notice, order,
or decision, may appeal by
filing a notice of appeal with the
reclamation commission for
review of the notice,
order, or
decision within thirty days after
the notice, order, or decision
is served upon the person or within
thirty days after its
modification, vacation, or termination and
by filing a copy of
the notice of appeal with the chief within
three days after
filing the notice of appeal with the commission.
The
notice of appeal
shall contain a copy of the notice of
violation, order, or
decision complained of and the grounds upon
which the appeal is
based. The commission has exclusive original
jurisdiction
to hear and
decide such appeals. The filing of a
notice of appeal under
division (A)(1) of this section does not
operate as a stay of
any order, notice of
violation, or decision
of the chief.
(2) The permittee, the chief, and other interested persons
shall be given written notice of the time and place of the
hearing
at least five days prior thereto. The hearing shall be
of record.
(3) Any person authorized under this section to appeal to
the commission may request an informal review by the chief
or the
chief's designee by filing a written request with the chief within
thirty
days after a notice, order, decision, modification,
vacation, or termination
is served upon the person. Filing of the
written request shall toll the time
for appeal before the
commission, but shall not operate as
a stay of any order,
notice
of violation, or decision of the chief. The chief's determination
of
an informal review is appealable to the commission under
this
section.
(B) The commission shall affirm the notice of violation,
order, or decision of the chief unless the commission
determines
that
it is arbitrary, capricious, or otherwise inconsistent with
law;
in that case the commission may modify the notice of
violation,
order, or decision or vacate it and remand it to the
chief for
further proceedings that the commission may
direct.
The commission shall conduct hearings and render decisions
in
a timely fashion, except that all of the following apply:
(1) When the appeal concerns an order for the cessation of
coal mining and reclamation operations issued pursuant to
division
(D)(1) or (2) of section 1513.02 of the Revised Code,
the
commission shall issue its written decision within
thirty days
after the receipt of the appeal unless temporary relief has been
granted by the chairperson pursuant to division (C) of
this
section.
(2) When the appeal concerns an application for a permit
under division (I) of section 1513.07 of the Revised Code, the
commission shall hold a hearing within thirty days after
receipt
of
the notice of appeal and issue its decision within thirty days
after the hearing.
(3) When the appeal concerns a decision of the chief
regarding release of bond under division (F) of section 1513.16
of
the Revised Code, the commission shall hold a hearing
within
thirty
days after receipt of the notice of appeal and issue its
decision
within sixty days after the hearing.
(4) When the appeal concerns a decision of the chief
regarding the location of a well in a coal bearing township under
section 1509.08 of the Revised Code, the commission shall hold a
hearing and issue its decision within thirty days after receipt of
the notice of appeal.
(C) The chairperson of the
commission, under conditions
the
chairperson prescribes, may grant temporary relief
the chairperson
considers appropriate
pending final determination of an appeal if
all of the following
conditions are met:
(1) All parties to the appeal have been notified and given
an opportunity for a hearing to be held in the locality of the
subject site on the request for temporary relief and the
opportunity to be heard on the request.
(2) The person requesting relief shows that there is a
substantial likelihood that the person will prevail on the
merits.
(3) The relief will not adversely affect public health or
safety or cause significant imminent environmental harm to land,
air, or water resources.
The chairperson shall issue a decision expeditiously,
except
that when the applicant requests relief from an order for the
cessation of coal mining and reclamation operations issued
pursuant to division (D)(1) or (2) of section 1513.02 of the
Revised Code, the decision shall be issued within five days after
its receipt.
Any party to an appeal filed with the commission who is
aggrieved or adversely
affected by a decision of the chairperson
to grant or
deny temporary relief under this section may appeal
that decision to the
commission. The commission may
confine its
review to the record developed at the
hearing before the
chairperson.
The appeal shall be filed with the commission within
thirty
days
after the chairperson issues the
decision on the request for
temporary relief. The
commission shall issue a
decision as
expeditiously as possible, except that when the
appellant requests
relief from an order for the cessation of coal
mining and
reclamation operations issued pursuant to division
(D)(1) or (2)
of section 1513.02 of the Revised Code, the
decision of the
commission shall be issued within five
days after
receipt of the
notice of appeal.
The commission shall affirm the decision of the
chairperson
granting or denying temporary relief unless it determines that the
decision is
arbitrary, capricious, or otherwise inconsistent
with
law.
(D) Following the issuance of an order to show cause as to
why a permit should not be suspended or revoked pursuant to
division (D)(3) of section 1513.02 of the Revised Code, the chief
or a representative of the chief shall hold a public
adjudicatory
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record.
Within sixty days following the public hearing, the chief
shall issue and furnish to the permittee and all other parties to
the hearing a written decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the chief
revokes the permit, the permittee immediately shall cease coal
mining operations on the permit area and shall complete
reclamation within a period specified by the chief, or the chief
shall declare as forfeited the performance bonds for the
operation.
(E)(1) Whenever an enforcement order or permit decision is
appealed under this section or any action is filed under division
(B) of section 1513.15 or 1513.39 of the Revised Code, at the
request of a prevailing party, a sum
equal to the aggregate amount
of all costs and
expenses, including attorney's fees, as
determined to have been
necessary and reasonably incurred by the
prevailing party for or
in connection with participation in the
enforcement
proceedings before the commission, the court under
section
1513.15 of
the Revised Code, or the chief under section
1513.39 of the
Revised Code, may be awarded, as considered proper,
in accordance with
divisions (E)(1)(a) to (c) of this section. In
no event shall
attorney's fees awarded under this section exceed,
for the kind
and quality of services, the prevailing market rates
at the time
the services were furnished under division (A) of this
section. A
party may be entitled to costs and expenses related
solely to the
preparation, defense, and appeal of a petition for
costs and
expenses, provided that the costs and expenses are
limited and
proportionate to costs and expenses otherwise allowed
under
division (E) of this section.
(a) A party, other than the permittee or the division of
mineral resources management, shall file a
petition, if any, for
an award of costs and
expenses, including attorney's fees, with
the chief, who shall
review the petition. If the chief finds that
the party, other
than the permittee or the division, prevailed
in
whole or in part, made a substantial contribution to a full and
fair determination of the issues, and made a contribution
separate
and distinct from the contribution made by any other
party, the
chief may award to that party the party's costs
and expenses,
including attorney's fees that were necessary and reasonably
incurred by the party for, or in connection with,
participation in
the proceeding before the commission.
(b) If a permittee who made a request under division
(E)(1)
of this section demonstrates that a party other than a
permittee
who initiated an
appeal under this section or participated in such
an appeal
initiated or participated in the appeal in bad faith and
for the
purpose of harassing or embarrassing the permittee, the
permittee
may file a petition with the chief. The chief may award
to the
permittee the costs and expenses reasonably incurred by the
permittee in connection with participation in the appeal and
assess those costs and expenses against the party who initiated
the appeal.
(c) The division may file, with the
commission, a request
for an award to the division of the
costs and
expenses reasonably
incurred by the division in connection with
an appeal initiated
under this section. The commission
may assess
those costs and
expenses against the party who initiated the
appeal if the
division demonstrates that the party initiated or
participated in
the appeal in bad faith and for the purpose of
harassing or
embarrassing the division.
(2) Whenever an order issued under this section or as a
result of any administrative proceeding under this chapter is the
subject of judicial review, at the request of any party, a sum
equal to the aggregate amount of all costs and expenses,
including
attorney's fees, as determined by the court
to have been
necessary
and reasonably incurred by the party for or in connection with
participation in the proceedings, may be awarded to either party,
in accordance with division (E)(1) of this section, as the court,
on the basis of judicial review, considers proper.
Sec. 1513.14. (A) Any party aggrieved or adversely
affected
by a decision of the reclamation
commission
may
appeal to the
court of appeals for the county in which the
activity addressed by
the decision of the commission
occurred, is
occurring, or will
occur, which court has exclusive jurisdiction
over the appeal.
The
appeal shall be filed within thirty days of
issuance of the
decision of the commission. The court
shall confine
its review to
the record certified by the commission. The
court may, upon
motion,
grant such temporary relief
as it
deems
considers
appropriate pending final disposition of the appeal
if
all of the
following apply:
(1) All parties to the appeal have been notified and given
an opportunity to be heard on a request for temporary relief;.
(2) The person requesting the relief shows that there is a
substantial likelihood that the person will prevail on the
merits;
and.
(3) The relief will not adversely affect public health or
safety
or the health or safety of miners or cause significant
imminent environmental harm to land,
air, or water resources.
The court shall affirm the decision of the commission
unless
the
court determines that it is arbitrary, capricious, or
otherwise
inconsistent with law, in which case the court shall
vacate the
decision and remand to the commission for such further
proceedings as
it may direct.
(B) Any order of the chief
of the division of mineral
resources management adopting a rule shall be
subject to judicial
review in the Franklin county court of
appeals, which court has
exclusive original jurisdiction to
review the order. A petition
for review of the order shall be
filed within thirty days from the
date of such order. The
petition may be made by any person who
participated in the
rule-making proceedings and who is aggrieved
by the order. The
court shall confine its review to the record of
the rule-making
proceedings. The order shall be affirmed unless
the court
concludes that the order is arbitrary, capricious, or
otherwise
inconsistent with law, in which case the court shall
vacate the
order or portion thereof and remand to the chief for
such further
proceedings as it may direct.
Sec. 1514.11. In
addition to the purposes authorized in
section 1514.06 of the Revised Code,
the chief of the
division of
mineral resources management may use moneys in the surface
mining
fund
created under that section for the
administration and
enforcement of this chapter, for the reclamation of land
affected
by
surface mining under a permit issued under this chapter that
the operator
failed to reclaim and for which the performance bond
filed by the operator is
insufficient to complete the reclamation,
and for the reclamation of land
affected by surface mining that
was abandoned and left unreclaimed and for
which no permit was
issued or bond filed under this chapter, and for the mine safety
and first aid classes provided under division (C) of section
1561.26 of the Revised Code. The chief, with the approval of the
director of natural resources, annually shall determine the
amounts to be expended for the mine safety and first aid classes.
For
purposes of this section, the chief shall
expend moneys in the
fund in accordance with the procedures and requirements
established in section 1514.06 of the Revised Code and may
enter
into contracts and perform work in accordance with that section.
Fees collected under sections
1514.02 and 1514.03 of the
Revised Code, one-half of the moneys collected from the severance
taxes levied under divisions (A)(3) and (4) of section 5749.02 of
the Revised Code, and all of the moneys collected from the
severance tax levied under division (A)(7) of section 5749.02 of
the Revised Code shall be credited to the fund in accordance with
those sections. Notwithstanding any section of the Revised Code
relating to the distribution or crediting of fines for violations
of the Revised Code, all fines imposed under section 1514.99 of
the Revised Code shall be credited to the fund.
Sec. 1521.04. The chief of the division of water, with the
approval of the director of natural resources, may make loans and
grants from the water management fund created in section 1501.32
of the Revised Code to governmental agencies for water
management,
water supply improvements, and planning and may
administer grants
from the federal government and from other
public or private
sources for carrying out those functions and
for the performance
of any acts that may be required by the
United States or by any
agency or department thereof as a
condition for the participation
by any governmental agency in any
federal financial or technical
assistance program. Direct and
indirect costs of administration
may be paid from the water
management fund.
The chief may use the water management fund to acquire,
construct, reconstruct, improve, equip, maintain, operate, and
dispose of water management improvements. The chief may fix,
alter,
charge, and collect rates, fees, rentals, and other charges
to be
paid into the water management fund by governmental agencies
and
persons who are supplied with water by facilities constructed
or operated
by the department of natural resources in order to
amortize and
defray the cost of the construction, maintenance, and
operation of
those facilities.
This section does not apply to the
Burr Oak water system
administered by the chief engineer of the
department of natural resources
under sections 1507.01 and 1507.12
of the Revised Code.
Sec. 1521.19. (A) There is hereby created the Ohio water
resources council consisting of the directors of agriculture,
development, environmental protection, health, natural resources,
transportation, and the Ohio public works commission, the
chairperson of the public utilities commission of Ohio, the
executive directors of the state and local government commission
of Ohio and the Ohio water development authority, and an executive
assistant in the office of the governor appointed by the governor.
The governor shall appoint one of the members of the council to
serve as its chairperson. The council may adopt bylaws that are
necessary for the implementation of this section. The council
shall provide a forum for policy development, collaboration and
coordination among state agencies, and strategic direction with
respect to state water resource programs. The council shall be
assisted in its functions by a state agency coordinating group and
an advisory group as provided in this section.
(B) The state agency coordinating group shall consist of the
executive director of the Ohio Lake Erie commission and a member
or members from each state agency, commission, and authority
represented on the council, to be appointed by the applicable
director, chairperson, or executive director. However, the
environmental protection agency shall be represented on the group
by the chiefs of the divisions within that agency having
responsibility for surface water programs and drinking and ground
water programs, and the department of natural resources shall be
represented on the group by the chief of the division of water
and the chief of the division of soil and water conservation. The
chairperson of the council shall appoint a leader of the state
agency coordinating group. The group shall provide assistance to
and perform duties on behalf of the council as directed by the
council.
(C) The advisory group shall consist of not more than twenty
members, each representing an organization or entity with an
interest in water resource issues. The council shall appoint the
members of the advisory group. Of the initial appointments, not
more than ten members shall be appointed for one-year terms, and
not more than ten members shall be appointed for two-year terms.
Thereafter, all advisory group members shall serve two-year terms.
Members may be reappointed. Each member shall hold office from
the date of the member's appointment until the end of the member's
term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first. The council may remove a member for
misfeasance, nonfeasance, or malfeasance in office. The council
shall appoint members to fill any vacancies on the group. A
member appointed to fill a vacancy shall hold office for the
remainder of the term for which that member was appointed.
The chairperson of the council shall appoint a chairperson of
the advisory group. The advisory group shall advise the council
on water resources issues addressed by the council.
(D) There is hereby created in the state treasury the Ohio
water resources council fund. The department of natural resources
shall serve as the fiscal agent for the fund. The departments of
agriculture, development, environmental protection, health,
natural resources, and transportation shall transfer moneys to the
fund in equal amounts via intrastate transfer voucher. The public
utilities commission of Ohio, Ohio public works commission, state
and local government commission of Ohio, and Ohio water
development authority may transfer moneys to the fund. If a
voluntary transfer of moneys is made to the fund, the portion that
is required to be transferred by the departments of agriculture,
development, environmental protection, health, natural resources,
and transportation may be equally reduced. Moneys in the fund
shall be used to pay the operating expenses of the Ohio water
resources council, including those specified in division (E) of
this section.
(E) The Ohio water resources council may hire staff to
support its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and
private entities to assist in accomplishing its objectives.
Advisory group members shall be reimbursed for expenses
necessarily incurred in the performance of their duties pursuant
to section 126.31 of the Revised Code and any applicable rules
pertaining to travel reimbursement adopted by the office of budget
and management.
Sec. 1531.35. The wildlife boater angler fund is hereby
created in the state treasury. The fund shall consist of money
credited to the fund pursuant to section 5735.051 of the Revised
Code and other money contributed to the division of wildlife for
the purposes of the fund. The fund
may
shall be used for boating
access construction,
capital improvements,
grant programs for
boating and
fishing
access, maintenance, and development
on lakes
on which the operation of gasoline-powered watercraft is
permissible.
Sec. 1533.13. Hunting and fishing licenses, wetlands habitat
stamps, deer and wild
turkey permits, and fur taker permits shall
be issued by the
clerk of the court of common pleas, village and
township clerks,
and other authorized agents designated by the
chief of the
division of wildlife. When
required by the chief, a
clerk or agent shall give bond in the
manner provided by the
chief. All bonds, reports, except records
prescribed by the
auditor of state, and moneys received by those
persons shall be
handled under rules adopted by the director of
natural resources.
The premium
of any fidelity bond prescribed under section
9.832 of the Revised Code or of any bond prescribed by the chief
under this section may be paid by the chief. Any person who is
designated and authorized by the chief to issue licenses,
stamps,
and
permits as provided in this section, except the clerk of the
court of common pleas and the village and township clerks, shall
pay to the chief a premium in an amount that represents the
person's portion of the premium paid by the chief under this
section,
which amount shall be established by the chief and
approved by
the wildlife council created under section 1531.03 of
the Revised
Code. The chief shall pay all moneys that the chief
receives as premiums under this section into the state treasury to
the credit
of the wildlife fund created under section 1531.17 of
the Revised
Code.
Every authorized agent, for the purpose of issuing hunting
and fishing licenses, deer and wild
turkey permits, and fur taker
permits, may administer oaths to and
take affidavits from
applicants for the licenses or permits when
required. An
authorized agent may appoint deputies to perform any
acts that
the
agent is authorized to perform, consistent with
division
rules.
Every applicant for a hunting or fishing license, deer or
wild turkey permit, or fur taker permit,
unless otherwise provided
by division rule, shall make and
subscribe
an affidavit setting
forth the applicant's name, age,
weight, height,
occupation, place
of residence, personal
description, and
citizenship. The clerk or
other agent authorized
to issue
licenses and permits shall charge
each applicant
a fee of one
dollar
for taking the affidavit and
issuing the license or
permit. The application, license, permit,
and other blanks
required by this section shall be prepared and
furnished by the
chief, in
such form as the chief provides, to the
clerk or other
agent
authorized to issue them. The licenses and
permits
shall be
issued to applicants by the clerk or other agent.
The
record of
licenses and permits kept by the clerk and
other
authorized
agents
shall be uniform throughout the state and
in
such form or
manner
as the auditor of state prescribes and
shall
be open at
all
reasonable hours to the inspection of any
person.
Unless
otherwise provided by division rule, each
hunting
license,
deer or
wild turkey permit, and
fur taker permit
issued shall
remain in
force until midnight of
the thirty-first
day of August
next
ensuing. Application for any
such license or
permit may be
made
and a license
or permit issued prior to the
date upon which
it
becomes
effective.
The chief may require an applicant who wishes to purchase a
license, stamp,
or permit by mail or telephone to pay a nominal
fee for postage and handling.
The court before whom a violator of any laws or division
rules for the protection of wild animals is tried, as a part of
the punishment, shall revoke the license, stamp, or
permit of any
person
convicted. The license, stamp, or permit fee paid by
that
person shall
not be returned to the person. The person shall not
procure or
use any other license, stamp, or permit or engage in
hunting wild animals
or trapping fur-bearing animals during the
period of revocation
as ordered by the court.
No person under sixteen years of age shall engage in
hunting
unless accompanied by the person's parent or another
adult person.
Sec. 1547.67. The division of watercraft, with the
approval
of the director of natural resources, may expend, for
the purpose
of assisting political subdivisions, conservancy
districts, and
state departments to establish or maintain and
operate a marine
patrol for the purpose of enforcing this chapter
and Chapter 1548.
of the Revised Code
and rules adopted under them and to provide
emergency response to
boating accidents on the water, such funds
as are appropriated by the
general assembly for that purpose and,
in addition, such moneys
from the waterways safety fund
established in section 1547.75 of
the Revised Code as determined
to be necessary by the division not to exceed
ten per cent of all
moneys accruing to
the fund. In no case shall the grant to a
political subdivision,
conservancy district, or state department,
not including the department of natural resources, total more than
thirty
thirty-five thousand dollars in a calendar year. Moneys
so
allocated may be used for the purchase, maintenance, and
operation
of vessels and marine equipment, educational materials,
and
personnel salaries that are necessary for enforcement of
this
chapter and Chapter 1548. of the Revised Code and rules adopted
under
them and to provide emergency response to boating accidents
on the
water.
The division shall disburse the moneys as
provided in this
section in accordance with its determination of
need in the
enforcement of this chapter and Chapter 1548. of the Revised Code
and rules adopted under them and shall disburse those moneys
only
on a cost share basis to
supplement funds allocated by a political
subdivision,
conservancy district, or state department for that
purpose. A grantee
shall provide at least twenty-five per cent of
the total program cost.
Sec. 1561.05. The laws relating to mines and mining and
duties and functions
of the division of mineral resources
management shall be administered by the chief of
the division of
mineral resources
management, and through and by deputy
mine
inspectors. If a vacancy occurs in the office of a deputy mine
inspector, it may be filled by the chief, who shall select a
qualified person
from the eligible list
certified to the chief by
the mine
examining board for deputy
mine inspectors
that is
prepared under section 124.24 of the Revised Code.
The chief shall adopt, in accordance with Chapter 119. of the
Revised Code, all necessary rules for conducting examinations and
for governing all other matters requisite to the exercise of the
chief's powers and the performance of the chief's duties under
this chapter and Chapters 1509., 1563., 1565., and 1567. of the
Revised Code relating to mines and mining.
Sec. 1561.07. The mining laws of this state shall extend to
and govern the
operation of clay mines and clay stripping pits in
so far as
such laws are
applicable thereto. The chief of the
division of
mineral resources management
shall adopt, publish, and
enforce specific rules particularly applicable to
clay mining
operations to safeguard life and property in the clay mining
industry and to
secure safe and sanitary working conditions in
such clay mines and clay
stripping pits.
Such rules adopted by the chief shall provide that:
(A) Distances between break-throughs in clay mines shall not
exceed one
hundred feet, unless permission in special cases is
granted by the chief,
after maps have been filed with the chief
showing the method
of working and ventilating the same, if such
distances would add to increased
safety.
(B) When, in the opinion of the mine foreperson or
deputy
mine inspector, line
brattices or other approved methods of
circulation are necessary to deliver
sufficient air to the working
face, they shall be provided by the owner,
operator, or lessee.
(C) Not more than a two days' supply of explosives shall be
stored in a clay
mine at any one time, and not more than one
hundred pounds of explosives shall
be stored in any one place at
any one time.
(D) Charges of explosives shall be made up at least one
hundred feet away
from any storage place for explosives.
(E) There shall be no less than two persons in each working
place when
shots are being lighted.
(F) Misfired shots in clay mines shall be posted on the
bulletin board or
other conspicuous place available for
examination by the workers when shots
are fired by other than the
loaders.
(G) The use of electric blasting caps shall be encouraged as
a safety
measure.
The chief, in assigning deputy mine inspectors, shall
designate inspectors who
have had experience and are especially
qualified in clay mining operations, to
examine and inspect clay
mining operations and enforce the law relating to
such operations.
The
mine examining board
chief, in conducting examinations
and issuing certificates
for mine forepersons, shall
in its rules
provide
by rules adopted under section 1561.05 of the Revised Code
for the
examination of applicants for certificates as mine
forepersons in a clay mine or
clay stripping pits to test the
applicant on experience and fitness on the
problems and duties
peculiar to the clay mining industry. An applicant for a
certificate as a clay mine foreperson shall have at
least three
years' experience
in mining operations.
Sec. 1561.11. The
mine examining board
chief of the division
of mineral resources management, for the purpose of conducting the
examinations for mine
foremen
forepersons and fire bosses, may
designate one or more
examining boards of three members, selected
from among the deputy mine
inspectors, superintendent and
assistant superintendents of rescue stations,
and electrical
inspectors. The examinations shall be conducted in the
district
of the applicant's residence or as near thereto as practicable.
Grading and issuance of certificates shall be done by the
board
chief.
Sec. 1561.12. An applicant for any examination or
certificate under this section shall, before being examined,
register
his
the applicant's name with the
mine examining board
chief of the division of mineral resources management
and file
with the
board
chief an affidavit as to all matters of fact
establishing
his
the
applicant's right to receive the examination,
a
certificate of good
character
and temperate habits signed by at
least three reputable citizens
of the community in which
he
the
applicant resides, and a
certificate from a
reputable and
disinterested physician as to the physical
condition of such
applicant showing that
he
the applicant is
physically capable
of
performing the duties of the office or position.
Each applicant for examination for any of the following
positions shall present evidence satisfactory to the
board
chief
that
he
the applicant has been a resident and citizen of this
state
for two years
next preceding the date of application:
(A) An applicant for the position of deputy mine inspector
of underground mines shall have had actual practical experience
of
not less than six years, at least two of which shall have been
in
the underground workings of
coal mines in this state.
In the case
of an applicant who would inspect underground coal mines, the two
years shall consist of actual practical experience in underground
coal mines. In the case of an applicant who would inspect noncoal
mines, the two years shall consist of actual practical experience
in noncoal mines. In lieu
of two years of the actual practical
experience required, the
board
chief may accept as the equivalent
thereof a certificate
evidencing graduation from an accredited
school of mines or
mining, after a four-year course of study, but
such credit shall
not apply as to the two years' actual practical
experience
required in the
coal mines in this state.
He
The applicant shall pass an examination as to
his
the
applicant's practical and
technological knowledge of mine
surveying, mining machinery, and
appliances; the proper
development and operation of mines; the
best methods of working
and ventilating mines; the nature,
properties, and powers of
noxious, poisonous, and explosive
gases, particularly methane; the
best means and methods of
detecting, preventing, and removing the
accumulation of such
gases; the use and operation of gas detecting
devices and
appliances; first aid to the injured; and the uses and
dangers of
electricity as applied and used in, at, and around
mines. Such
applicant shall also hold a certificate for
foreman
foreperson of gaseous
mines issued by the
mine examining board
chief.
(B) An applicant for the position of deputy mine inspector
of surface mines shall have had actual practical mining
experience
of not less than six years, at least two of which
shall have been
in surface coal mines in this state. In lieu of
two years of the
actual practical experience required, the
board
chief
may accept
as the equivalent thereof a certificate evidencing
graduation from
an accredited school of mines or mining, after a
four-year course
of study, but that credit shall not apply as to
the two years'
actual practical experience required in the coal
mines in this
state. The applicant shall pass an examination as
to
his
the
applicant's practical and technological knowledge of
surface mine
surveying, machinery, and appliances; the proper development and
operations of surface mines; first aid to the injured; and the
use
and dangers of explosives and electricity as applied and used
in,
at, and around surface mines. The applicant shall also hold
a
surface mine
foreman
foreperson certificate issued by the
mine
examining board
chief.
(C) An applicant for the position of electrical inspector
shall have had at least five years' practical experience in the
installation and maintenance of electrical circuits and equipment
in mines, and
he
the applicant shall be thoroughly familiar with
the principles
underlying the safety features of permissible and
approved
equipment as authorized and used in mines.
He
The applicant shall be required to pass the examination
required for
deputy mine inspectors and an examination testing and
determining
his
the applicant's qualification and ability to
competently
inspect and
administer the mining law
which
that
relates to electricity used in
and around mines and mining in this
state.
(D) An applicant for the position of superintendent or
assistant superintendent of rescue stations shall possess the
same
qualifications as those required for a deputy mine
inspector. In
addition,
he
the applicant shall present evidence
satisfactory
to
the
board
chief that
he
the applicant is sufficiently qualified
and
trained to
organize, supervise, and conduct group training
classes in first
aid, safety, and rescue work.
He
The applicant shall pass the examination required for
deputy
mine
inspectors and shall be tested as to
his
the
applicant's
practical and
technological experience and training in
first aid, safety, and
mine rescue work.
(E) An applicant for the position of mine chemist shall
have
such educational training as is represented by the degree MS
in
chemistry from a university of recognized standing, and at
least
five years of actual practical experience in research work
in
chemistry or as an assistant chemist. The
board
chief may provide
that an equivalent combination of education and experience
together with a wide knowledge of the methods of and skill in
chemical analysis and research may be accepted in lieu of the
above qualifications. It is preferred that such chemist shall
have had actual experience in mineralogy and metallurgy.
(F) An applicant for the position of gas storage well
inspector shall possess the same qualifications as an applicant
for the position of deputy mine inspector and shall have a
practical knowledge and experience of and in the operation,
location, drilling, maintenance, and abandonment of oil and gas
wells, especially in coal or mineral bearing townships, and shall
have a thorough knowledge of the latest and best method of
plugging and sealing abandoned oil and gas wells.
Such applicant for gas storage well inspector shall pass an
examination conducted by the
board
chief to determine
his
the
applicant's fitness to act as a gas storage well inspector before
being
eligible for appointment.
Sec. 1561.13. The
mine examining board
chief of the division
of mineral resources management shall conduct
examinations for
offices and positions in the division of
mineral resources
management, and for mine
forepersons, mine electricians, shot
firers, surface
mine blasters, and fire bosses, as follows:
(A) Division of mineral resources
management:
(1) Deputy mine inspectors of underground mines;
(2) Deputy mine inspectors of surface mines;
(3) Electrical inspectors;
(4) Superintendent of rescue stations;
(5) Assistant superintendents of rescue stations;
(6) Mine chemists at a division laboratory if the
chief
of
the division of mineral resources management chooses to operate a
laboratory;
(7) Gas storage well inspector.
(1) Mine foreperson of gaseous mines;
(2) Mine foreperson of nongaseous mines;
(3) Mine foreperson of surface mines.
(1) Foreperson of gaseous mines;
(2) Foreperson of nongaseous mines;
(3) Foreperson of surface maintenance facilities at
underground or surface mines;
(4) Foreperson of surface mines.
(F) Surface mine blasters.
The board shall hold such meetings as are necessary for the
proper discharge of its duties.
The
board
chief annually shall
meet annually at the capitol,
as prescribed
by its rules,
provide for the examination of
candidates for appointment
or promotion as deputy mine inspectors
and such other positions
and offices set forth in division (A) of
this section as are
necessary. Special examinations may be held
whenever it becomes
necessary to make appointments to any of those
positions.
For
The chief shall provide for the examination of persons
seeking certificates of
competency as mine forepersons,
forepersons, mine
electricians, shot
firers, surface mine
blasters, and fire bosses, the board shall
hold meetings,
quarterly or more often as required, at such times
and places
within the state as shall, in the judgment of the
members
chief,
afford the best facilities to the greatest number of
applicants.
Public notice shall be given through the press or
otherwise, not
less than ten days in advance, announcing the time
and place at
which examinations under this section are to be
held.
The examinations provided for in this section shall be
conducted under rules
adopted under section 1561.05 of the Revised
Code and conditions prescribed by the
board
chief.
Such rules
shall be made a part of the permanent record of the
board, and
such of them as
Any rules that relate to particular candidates
shall,
upon application of any candidate, be furnished to the
candidate by the
board
chief; they shall also be of uniform
application to all
candidates in the several groups.
Sec. 1561.14. A person who applies for a certificate as a
mine
electrician shall be able to read and write the English
language, and prior to
the date of the application for examination
either shall have had at least one
year's experience in performing
electrical work underground in a coal mine, in
the surface work
area of an underground coal mine, in a surface coal mine, or
in a
noncoal mine, or shall have had such experience as the
mine
examining
board
chief of the division of mineral resources
management determines to be equivalent. Each applicant for
examination shall pay a
fee of ten dollars to the
board
chief on
the first day of the examination. Any
moneys collected under this
section shall be paid into the state treasury to
the credit of the
mining regulation fund created in section 1561.48 of the
Revised
Code.
Sec. 1561.15. An applicant for a certificate as mine
foreman
foreperson,
foreman
foreperson, mine
electrician, shot firer,
surface mine
blaster, or fire boss shall apply to the
mine
examining board
chief of the division of mineral resources
management for
examination and shall be examined by the
board
chief. This shall be a
practical examination, a substantial part
of which shall be oral,
to determine the competency of the
applicant, based on experience
and practical knowledge of the
dangers incident to coal mining,
and not upon technical education,
but consideration shall be
given such technical education as the
applicant possesses. This
examination shall be held as soon after
application is made as
practicable in the district from which the
applicant makes
application.
Sec. 1561.16. (A) As used in this section and sections
1561.17 to 1561.21 of the Revised Code, "actual practical
experience" means previous employment that involved a person's
regular presence in the type of mining operation in which the
experience is required to exist; participation in functions
relating to the hazards involved in and the utilization of
equipment, tools, and work crews and individuals for that type of
mining; and regular exposure to the methods, procedures, and
safety laws applicable to that type of mining. Credit of up to
one year for a portion of the required experience time may be
given upon documentation to the
mine examining board
chief of the
division of mineral resources management of an
educational degree
in a field related to mining. Credit of up to
two years of the
required experience time may be given upon
presentation to the
mine examining board
chief of proof of graduation
from an
accredited school of mines or mining after a four-year
course of
study with employment in the mining industry during
interim breaks
during the school years.
(B) A person who applies for a certificate as a mine
foreman
foreperson of gaseous mines shall be able to read and
write the
English language; shall have had at least five years' actual
practical experience in the underground workings of a gaseous
mine
or the equivalent thereof in the judgment of the
mine
examining
board
chief; and shall have had practical experience obtained
by
actual contact with gas in mines and have knowledge of the
dangers
and nature of noxious and explosive gases and ventilation
of
gaseous mines. An applicant for a certificate as a
foreman
foreperson of gaseous mines shall meet the same requirements,
except
that the
applicant shall have had at least three years'
actual practical
experience in the underground workings of a
gaseous mine or the
equivalent thereof in the judgment of the
mine
examining board
chief.
Each applicant for examination shall pay a
fee of ten dollars to
the
board
chief on the first day of such
examination. Any moneys
collected under this section shall be
paid into the state
treasury to the credit of the mining
regulation fund created in section 1561.48 of the
Revised Code.
Sec. 1561.17. A person who applies for a certificate as mine
foreman
foreperson or
foreman
foreperson of nongaseous mines
shall
be able to read and write the English
language; shall have had at
least three years' actual practical experience in
mines, or the
equivalent thereof in the judgment of the
mine
examining board
chief of the division of mineral resources management; and shall
have knowledge of the dangers and nature of noxious
gases. Each
applicant for examination shall pay a fee of ten dollars to the
board
chief on the first day of the examination. Any moneys
collected under this
section shall be paid into the state treasury
to the credit of the
mining regulation fund created in section
1561.48 of the Revised Code.
Sec. 1561.18. A person who applies for a certificate as a
foreman
foreperson of surface maintenance facilities at
underground or surface
mines shall be able to read
and write the
English language and shall have had at least three years' actual
practical experience in or around the surface maintenance
facilities of
underground or surface mines or the equivalent
thereof in the judgment of the
mine examining board
chief of the
division of mineral resources management. Each applicant for
examination shall pay a fee
of ten dollars to the
board
chief on
the first day of the examination. Any moneys
collected under this
section shall be paid into the state treasury to the
credit of the
mining regulation fund
created in section 1561.48 of the Revised
Code.
Sec. 1561.19. A person who applies for a certificate as a
mine
foreman
foreperson of surface mines shall be able to read and
write the English
language and shall
have had at least five years'
actual practical experience in surface mines.
An applicant for a
certificate as a
foreman
foreperson of
surface mines shall
meet
the
same requirements, except that the applicant shall have had at
least three
years' actual practical experience in surface mines or
the equivalent thereof
in the judgment of the
mine examining board
chief of the division of mineral resources management. Each
applicant for examination
shall pay a fee of ten dollars to the
board
chief on the first day of the
examination. Any moneys
collected under this section shall be paid into the
state treasury
to the credit of the mining regulation fund created in section
1561.48 of the Revised Code.
Sec. 1561.20. A person who applies for a certificate as a
surface mine
blaster shall be able to read and write the English
language; shall have had
at least one year's actual practical
experience in surface mines or the
equivalent
thereof in the
judgment of the
mine examining board
chief of the division of
mineral resources management; shall have knowledge of
the dangers
and nature of the use of explosives, related equipment, and
blasting techniques; and shall have knowledge of safety laws and
rules,
including those related to the storage, use, and
transportation of
explosives. Each applicant for examination
shall pay a fee of ten dollars to
the
board
chief on the first day
of the examination. Any moneys collected under
this section shall
be paid into the state treasury to the credit of the mining
regulation fund created in section 1561.48 of the Revised Code.
Sec. 1561.21. A person who applies for a certificate as a
shot firer shall be able to read and write the English language;
shall have had at least one year's actual practical experience in
the underground workings of mines or the equivalent thereof in
the
judgment of the
mine examining board
chief of the division of
mineral resources management; shall have knowledge of
the dangers
and nature of noxious and explosive gases; shall have
knowledge of
the dangers and nature of the use of explosives,
related
equipment, and blasting techniques; and shall have
knowledge of
safety laws and rules, including those related to
the underground
storage, use, and transportation of explosives.
Each applicant
for examination shall pay a fee of ten dollars to
the
board
chief
on the first day of the examination. Any moneys
collected under
this section shall be paid into the state
treasury to the credit
of the mining
regulation fund created in section 1561.48 of the
Revised Code.
Any person who possesses a mine
foreman
foreperson or
foreman
foreperson certificate issued by the
mine examining
board
chief
shall be considered certified as a shot firer.
Sec. 1561.22. A person who applies for a certificate as fire
boss shall be
able to read and write the English language; shall
have had at least three
years' actual practical experience in the
underground workings of a gaseous
mine or the equivalent thereof
in the judgment of the
mine examining board
chief of the division
of mineral resources management;
and
shall have knowledge of the
dangers and nature of noxious and explosive gases
gained by actual
contact with gas in mines and ventilation of gaseous mines.
Each
applicant for examination shall pay a fee of ten dollars to the
board
chief on
the first day of the examination. Any moneys
collected under this section
shall be paid into the state treasury
to the credit of the mining regulation
fund created in section
1561.48 of the Revised Code.
Sec. 1561.23. The
mine examining board
chief of the division
of mineral resources management shall issue the
following
certificates to those applicants who pass their
examination:
(A) Certificates for mine
foremen
forepersons of gaseous
mines;
(B) Certificates for mine
foremen
forepersons of nongaseous
mines;
(C) Certificates for
foremen
forepersons of gaseous mines;
(D) Certificates for
foremen
forepersons of nongaseous
mines;
(E) Certificates for
foremen
forepersons of surface
maintenance
facilities of underground or surface mines;
(F) Certificates for mine
foremen
forepersons of surface
mines;
(G) Certificates for
foremen
forepersons of surface mines;
(H) Certificates for fire bosses;
(I) Certificates for mine electricians;
(J) Certificates for surface mine blasters;
(K) Certificates for shot firers.
Applicants for certificates shall make application to the
board
chief, on a form provided by
it
the chief, for examination.
All applicants
shall be able to read and write the English
language
intelligently, and shall furnish the
board
chief with a
certificate as
to their character, length and description of their
practical
experience, and satisfactory evidence of their ability
to perform
the duties of the position for which they make
application for
examination.
Any certificate issued by the
former mine examining board
prior to
the effective date of this amendment
October 29, 1995,
shall remain in effect
notwithstanding the new classifications of
certificates
established by this
amendment
section.
Sec. 1561.26. (A) As used in this section,
"EMT-basic,"
"EMT-I," and
"paramedic" have the same meanings as in section
4765.01
of the
Revised Code.
(B) The superintendent of rescue stations, with the approval
of
the chief of the division of mineral resources
management,
shall, at each rescue station
provided for in section 1561.25 of
the Revised Code, train and
employ rescue crews of six members
each, one of whom shall hold a
mine foreperson or fire boss
certificate and be
designated captain,
and train and employ any
number of such rescue crews as the
superintendent believes
necessary. One member of a rescue crew shall be
certified as an
EMT-basic, EMT-I, or
paramedic. Each member of a
rescue crew
shall devote the time specified by the chief each
month for
training purposes and shall be available at all times
to assist in
rescue work at explosions, mine fires, and other
emergencies.
A captain of mine rescue crews shall receive for
service as
captain the sum of twenty-four dollars per month, and
each
member
shall receive the sum of twenty dollars per month, all
payable on
requisition approved by the chief. When engaged in
rescue work at
explosions, mine fires, or other emergencies away
from their
station, the members of the rescue crews and captains
of the same
shall be paid the sum of six dollars per hour for
work on the
surface, which includes the
time
consumed by
such
those members in
traveling to and from the scene of
such
the emergency when
such
the scene is away from the station of
such
the members, and the
sum of seven dollars per hour for all work
underground at
such
the
emergency, and in addition thereto, the
necessary living expenses
of
such
the members when
such
the emergency is
away from their
home station, all payable on requisition approved
by the chief.
Each member of a mine rescue crew shall undergo an annual
medical examination
by a doctor designated by the chief. In
designating
such
the doctor, the chief
shall choose one near the
station of the member of
such
the rescue
crews.
Such
The doctor
shall report the doctor's findings to the chief and
if, in the
opinion of the chief,
such
the report indicates that
such
the
member is physically unfit for further services, the chief shall
relieve the member from further duty. The fee charged by
such
the
doctor
for
such
the examination shall be paid in the same manner
as fees are
paid to doctors employed by the industrial commission
for special
medical examinations.
The chief may remove any member of a rescue crew for any
reason. Such crews
shall be subject to the orders of the chief,
the superintendent, and the
deputy mine inspectors when engaged in
actual mine rescue work.
Mine rescue crews shall, in case of
death or injury when engaged in rescue
work, wherever the same may
occur, be paid compensation, or their
dependents shall be paid
death benefits, from the workers'
compensation fund, in the same
manner as other employees of the
state.
(C) In addition to the training of rescue crews, each
assistant
superintendent of rescue stations, with the approval of
the
superintendent, shall provide for and conduct safety, first
aid,
and rescue classes at any mine or for any group of miners who
make application for the conducting of such classes.
The chief may
assess a fee for safety and first aid classes for the purpose of
covering the costs associated with providing those classes. The
chief shall establish a fee schedule for safety and first aid
classes by rule adopted in accordance with Chapter 119. of the
Revised Code. Fees collected under this section shall be
deposited in the surface mining fund created in section 1514.06 of
the Revised Code.
The superintendent shall prescribe and provide for a
uniform
schedule of conducting such safety and rescue classes as
will
provide a competent knowledge of modern safety and rescue
methods
in, at, and about mines.
Sec. 1561.35. If the deputy mine inspector finds that any
matter, thing, or practice connected with any mine and not
prohibited specifically by law is dangerous or hazardous, or
that
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. of the Revised Code, the matter,
thing, or
practice would become dangerous and hazardous so as to tend to
the
bodily injury of any person, the deputy mine inspector
forthwith
shall give notice in writing to the owner,
lessee, or agent
of the
mine of the particulars in which the deputy mine
inspector
considers the mine
or any matter, thing, or practice connected
therewith is
dangerous or hazardous and recommend changes that
the
conditions require, and forthwith shall mail a copy of
the report
and the deputy mine
inspector's recommendations to the chief of
the
division of mineral resources management.
Upon receipt of the
report and recommendations, the
chief forthwith shall make a
finding thereon and mail a
copy to the owner, operator, lessee, or
agent of the mine, and to
the deputy mine inspector; a copy of the
finding of the chief
shall be posted upon the bulletin board of
the mine. Where the miners
have a mine safety committee, one
additional copy shall be posted
on the bulletin board for the use
and possession of the
committee.
The owner, operator, lessee, or agent of the mine, or the
authorized representative of the workers of the mine,
within ten
days may appeal to the
mine examining board
reclamation commission
for a
review and
redetermination of the finding of the chief in
the matter
in accordance with section
1561.53
1513.13 of the
Revised Code, notwithstanding division (A)(1) of that section,
which provides for appeals within thirty days. A
copy of the
decision of the
board
commission shall be mailed as
required by
this section for the mailing of the finding by the chief on the
deputy mine inspector's report.
Sec. 1561.351. A deputy mine inspector who makes a finding
concerning a
violation of this chapter or Chapter
1563., 1565., or
1567. or section 1509.09, 1509.12, 1509.13,
1509.14, 1509.15,
1509.17, or 1509.18 of the Revised
Code that involves mining
safety shall notify the chief of the division of mineral resources
management of the finding. The chief
shall review the
inspector's
finding, make a written determination regarding it, and
provide a
copy of the written determination to the owner, operator,
lessee,
or agent of the mine involved. The chief shall provide a copy of
the
written determination to any other interested party upon
request.
A person, such as an owner, operator,
lessee, or agent of the
mine or the authorized representative of
the workers of the mine,
who has an interest that is or may be
adversely affected by the
chief's determination
may appeal the determination, not later than
ten days after receiving
notice of the determination, to the
mine
examining board
reclamation commission by filing a copy of the
chief's written determination with
the
board
commission,
notwithstanding division (A)(1) of section 1513.13 of the Revised
Code, which provides for appeals within thirty days. The
board
commission shall hear the appeal in accordance with section
1561.53
1513.13
of the Revised Code.
Sec. 1561.46. Fees received by the
mine examining board
chief of the division of mineral resources management under
sections
1561.16 to 1561.22 of the Revised Code shall be paid by
the
secretary of the board
chief into the state treasury to the
credit of the mining
regulation fund created in section 1561.48 of
the Revised Code.
Sec. 1561.51. When written charges of neglect of
duty,
incompetency, or
malfeasance in office against the deputy mine
inspector are filed with the
chief of the division of mineral
resources
management, signed by not less than
fifteen employees,
or
otherwise as provided in section 1561.50 of the
Revised Code,
or the owner,
lessee, or agent of a mine, and the signers of the
charges
are dissatisfied with the result of the investigation made
by the chief, they
may appeal to the
mine examining board
reclamation commission by filing the same charges against the
deputy mine
inspector and a copy of the report of the
investigation made by the chief in
the matter with the
board
commission, and the
board
commission shall hear the appeal in
accordance with section
1561.53
1513.13 of the Revised Code. The
board
commission shall mail a copy of
its decision to the
complainant whose name appears first
in the charges.
Sec. 1561.52. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the
mine examining board
chief of the
division of mineral resources management
shall comply with
sections 3123.41 to 3123.50 of the Revised Code and any applicable
rules adopted under
section 3123.63 of the Revised Code
with
respect to a certificate issued pursuant to this chapter.
Sec. 1563.13. When a deputy mine inspector considers that
the ways and means of egress in any underground mine from the
interior working places to the surface are inadequate as a safe
and ready means of escape in case of emergency, from danger of
fire at any point, or any other cause that may result in the
entombment of persons working in the mine,
the deputy mine
inspector shall give notice in
writing to the owner, lessee, or
agent of the mine of the
particular in which the deputy mine
inspector considers
the conditions dangerous,
recommending any
changes that the
conditions require, and forthwith shall mail a
copy of
the deputy mine inspector's
recommendations to the chief
of the
division of mineral resources management.
Upon receipt of
the
recommendations, the
chief forthwith shall make a finding
concerning them and mail a copy to
the operator of the mine and to
the deputy mine
inspector. A
copy of the finding of the chief
shall be posted upon the
bulletin board at the time.
The operator of the mine, or the authorized representative
of
the workers of the mine, within ten days
may appeal to the
mine
examining board
reclamation commission for a review and
redetermination of the
finding of the chief in the matter in
accordance with
section
1561.53
1513.13 of the Revised Code,
notwithstanding division (A)(1) of that section, which provides
for appeals within thirty days. A copy of the decision of
the
board
commission shall be mailed as required by this section for
the
mailing of the finding by the chief on the deputy mine
inspector's report.
No operator of a mine shall refuse or neglect to comply
with
this section.
Sec. 1565.04. The operator of each mine who is an
employer
as defined in section 4123.01 of the Revised Code, or any mine
working
with three or more
men
workers, shall
employ a certified
mine
foreman
foreperson.
In gaseous mines, only a holder of a
mine
foreman
foreperson of
gaseous
mines certificate
which
that
contains a notation by the
mine examining
board
chief of the
division of mineral resources management showing the holder to be
at least twenty-three years of age
and have at least five years'
actual practical experience in
gaseous mines shall be employed as
the mine
foreman
foreperson.
In other
mines, the mine
foreman
foreperson shall be a holder of a mine
foreman
foreperson of
nongaseous mines certificate
which
that contains a notation by the
mine examining board
chief showing the holder to be at least
twenty-one
years of age and have at least three years' actual
practical
experience in mines. All such mines shall have at least
one
certified
foreman
foreperson on duty at all times when
men
workers are employed in
the loading or mining of coal.
No operator of a mine shall refuse or neglect to comply
with
this section.
Sec. 1565.06. (A) In emergencies arising at a mine
because
of accident, death, illness, or any other cause, an
operator may
appoint noncertificate persons as
forepersons and fire
bosses to
act until certified forepersons and fire
bosses
satisfactory to
the operator can be secured. Such appointee
may not serve
in such
capacity for a period longer than six months or until
such time
thereafter as an examination is held for such certified
persons
under section 1561.13 of the Revised Code. The
employer of
such
noncertificate person shall, upon appointment of such
noncertificate person in this capacity, forward the name of
such
noncertificate person to the chief of the division of
mineral
resources management.
(B) An operator may appoint as a temporary foreperson
or
fire
boss a noncertificate person who is within six months of
possessing the necessary actual practical experience to qualify
to
take the examination for certification for the position to
which
the person is temporarily appointed. Upon appointment of a
noncertificate person, the operator shall forward the name,
social
security number, and brief summary of the person's actual
practical experience to the
mine examining board
chief, and the
board
chief
shall issue the person a temporary certificate for the
position
to which the person has been temporarily appointed. A
temporary
certificate issued under this division is valid for six
months or
until such time thereafter as an examination is held
under
section 1561.13 of the Revised Code for the position
to
which the
person has been temporarily appointed.
(C) A person who possesses a valid certificate issued by
another state for a position for which the
mine examining board
chief
issues a certificate shall be eligible for a temporary
certificate from the
board
chief upon presentation to the
board
chief of a
copy of the certificate from that other state. A
temporary
certificate issued under this division shall be valid
for six
months.
No operator of a mine shall violate or fail to comply with
this section.
Sec. 1565.07. The superintendent in charge of a mine shall
direct the mine foreperson in such manner as is
necessary to
secure
compliance with this chapter and Chapters 1561., 1563., and
1567. and sections 1509.18 and 1509.19 of the Revised Code. The
superintendent may act as mine foreperson, but if
the
superintendent does so act
regularly, the superintendent shall
obtain a certificate from
the
mine examining
board
chief of the
division of mineral resources management in the same manner as the
certification of mine
foreperson is obtained.
A person designated as a superintendent of an underground
coal mine after January 1, 1977, shall, within six months after
being so designated, demonstrate to
the chief
of the division of
mineral resources
management that the
person has knowledge of
the
mining laws of this state
governing the operation of underground
coal mines either by
presenting evidence that the person has
passed a mine
foreperson examination
given by the
mine examining
board
chief or an examination
given
by the chief concerning the
laws of this state governing the
operation of
underground coal
mines.
No person shall refuse or neglect to comply with this
section.
Sec. 1565.08. If a person certified by the
mine
examining
board
chief of the division of mineral resources management
purposely violates the mining laws,
the person's
certificate may
be
revoked
by the chief after investigation and a hearing in
accordance with
Chapter 119. of the
Revised Code, by the chief of
the division of mineral resources
management, with the approval of
the mine examining
board.
No person whose license, certificate, or similar authority
to
perform any certifiable mining duties in another state is
suspended or revoked by that state shall be certified for an
equivalent mining certificate in this state during the period of
the suspension or revocation in the other state.
Sec. 1565.25. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
mine examining board
chief of the
division of mineral resources management
shall comply with
sections 3123.41 to 3123.50 of the Revised Code and any applicable
rules adopted under
section 3123.63 of the Revised Code with
respect to a certificate issued pursuant to this
chapter.
Sec. 1701.05. (A) Except as provided in this section, and
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code,
which sections relate to the reorganization, merger, and
consolidation of corporations, the corporate name of a domestic
corporation shall comply with all of the following:
(1) It shall end with or include the word or abbreviation
"company,"
"co.,"
"corporation,"
"corp.,"
"incorporated," or
"inc."
(2) It shall be distinguishable upon the records in the
office of the secretary of state from all of the following:
(a) The name of any other
corporation, whether nonprofit or
for profit and whether that of
a domestic or of a foreign
corporation authorized to do business
in this state;
(b) The name of any limited liability company registered in
the office of the secretary of state pursuant to Chapter 1705. of
the Revised Code,
whether domestic or foreign;
(c) The name of any limited liability
partnership registered
in the office of the secretary of state
pursuant to Chapter 1775.
of
the Revised Code, whether domestic or
foreign;
(d) The name of any limited
partnership registered in the
office of the secretary of state
pursuant to Chapter 1782. of
the
Revised Code, whether domestic or
foreign;
(e) Any trade name the exclusive right to
which is at the
time in question registered in the office of the
secretary of
state pursuant to Chapter 1329. of the Revised Code.
(3) It shall not contain any language that indicates or
implies that the corporation is connected with a government
agency
of this state, another state, or the United States.
(B) The secretary of state shall determine for purposes of
this section whether a name is
"distinguishable" from another
name
upon the secretary of state's records. Without
excluding other
names that may
not constitute distinguishable names in this state,
a name is not
considered distinguishable from another name for
purposes of this
section solely because it differs from the other
name in only one
or more of the following manners:
(1) The use of the word
"corporation,"
"company,"
"incorporated,"
"limited," or any abbreviation of any of
those
words;
(2) The use of any article, conjunction, contraction,
abbreviation, or punctuation;
(3) The use of a different tense or number of the same
word.
(C) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon the
secretary of state's records from the name of any other
corporation, limited liability company, limited liability
partnership, or limited partnership, or from a registered trade
name, if there also is
filed in the office of the secretary of
state, on a form prescribed
by the secretary of state, the consent
of the
other entity or, in the case of a registered trade
name,
the person in whose name is registered the
exclusive right to use
the name,
which consent is evidenced in a writing signed by any
authorized officer or any
authorized
representative of the other
entity or person.
(D) In case of judicial sale or judicial transfer, by sale
or transfer of good will or otherwise, of the right to use the
name of a corporation, whether nonprofit or for profit, and
whether that of a domestic corporation or of a foreign
corporation
authorized to exercise its corporate privileges in
this state or
to do business in this state, the secretary of
state, at the
instance of the purchaser or transferee of such
right, shall
accept for filing articles of a corporation with a
name the same
as or similar to the name of such other
corporation, if there also
is filed in the office of the
secretary of state a certified copy
of the decree or order of
court confirming or otherwise evidencing
the purchase or
transfer.
(E) Any person who wishes to reserve a name for a proposed
new corporation, or any corporation intending to change its name,
may submit to the secretary of state a written application, on a
form prescribed by the secretary of state, for the exclusive right
to use a specified name as the name of a
corporation. If the
secretary of state finds that, under this
section, the specified
name is available for such use, the
secretary of state shall file
the application and, from the
date of the filing, the
applicant
shall have the exclusive right for
sixty
one hundred eighty days
to use the specified
name as the name of a corporation, counting
the date of such
filing as the first
of
sixty
one hundred eighty
days. The right so obtained may be
transferred by the
applicant
or other holder thereof by the filing
in the office of
the
secretary of state of a written transfer, on
a form prescribed
by
the secretary of state, stating the name and
address of the
transferee.
(F) For filing under this section any application or other
document, other than articles or a consent to the use of a name,
the secretary of state shall charge and collect a fee of five
dollars.
Sec. 1701.07. (A) Every corporation shall have and
maintain
an agent, sometimes referred to as the
"statutory
agent," upon
whom any process, notice, or demand required or
permitted by
statute to be served upon a corporation may be
served. The agent
may be a natural person who is a resident of
this state or may be
a domestic corporation or a foreign
corporation holding a license
as such under the laws of this
state, that is authorized by its
articles of incorporation to act
as such agent and that has a
business address in this state.
(B) The secretary of state shall not accept original
articles for filing unless there is filed with the articles a
written appointment of an agent that is signed by the
incorporators of the corporation or a majority of them and a
written acceptance of the appointment that is signed by the
agent.
In all other cases, the corporation shall appoint the
agent and
shall file in the office of the secretary of state a
written
appointment of the agent that is signed by any authorized
officer
of the corporation and a written acceptance of the
appointment
that is either the original acceptance signed by the
agent or a
photocopy, facsimile, or similar reproduction
of the original
acceptance signed by the agent.
(C) The written appointment of an agent shall set forth
the
name and address in this state of the agent, including the
street
and number or other particular description, and shall
otherwise be
in such form as the secretary of state prescribes.
The secretary
of state shall keep a record of the names of
corporations, and the
names and addresses of their respective
agents.
(D) If any agent dies, removes from the state, or resigns,
the corporation shall forthwith appoint another agent and file
with the secretary of state, on a form prescribed by the secretary
of state, a written appointment of the agent.
(E) Unless the change is reported on the annual report filed
with the department of taxation, if the agent changes
the agent's
address from that
appearing upon the record in the office of the
secretary of
state, the corporation or the agent shall forthwith
file with the
secretary of
state, on a form prescribed by the
secretary of state, a
written statement setting forth the new
address.
(F) An agent may resign by filing with the secretary of
state, on a form prescribed by the secretary of state, a
written
notice to that effect that is signed by the agent
and by sending a
copy of the notice to the corporation at the
current or last known
address of its principal office on or prior
to the date the notice
is filed with the secretary of state. The
notice shall set forth
the name of the corporation, the name and
current address of the
agent, the current or last known address,
including the street and
number or other particular description,
of the corporation's
principal office, the resignation of the
agent, and a statement
that a copy of the notice has been sent to
the corporation within
the time and in the manner prescribed by
this division. Upon the
expiration of thirty days after the
filing, the authority of the
agent shall terminate.
(G) A corporation may revoke the appointment of an agent
by
filing with the secretary of state, on a form prescribed by the
secretary of state, a written appointment of
another agent and a
statement that the appointment of the former
agent is revoked.
(H) Any process, notice, or demand required or permitted
by
statute to be served upon a corporation may be served upon the
corporation by delivering a copy of it to its agent, if a natural
person, or by delivering a copy of it at the address of its agent
in this state, as the address appears upon the record in the
office of the secretary of state. If (1) the agent cannot be
found, or (2) the agent no longer has that address, or (3) the
corporation has failed to maintain an agent as required by this
section, and if in any such case the party desiring that the
process, notice, or demand be served, or the agent or
representative of the party, shall have filed with the secretary
of state an affidavit stating that one of the foregoing
conditions
exists and stating the most recent address of the
corporation that
the party after diligent search has been
able
to ascertain, then
service of process, notice, or demand upon the
secretary of state,
as the agent of the corporation, may be
initiated by delivering to
the secretary of state or at
the secretary of state's office
quadruplicate
copies of such process, notice, or demand and by
paying to the
secretary of state a fee of five dollars. The
secretary of state shall
forthwith give
notice of the delivery to
the corporation at its principal office
as shown upon the record
in the secretary of state's office
and at any different
address
shown on its last franchise tax report filed in this
state, or to
the corporation at any different address set forth
in the above
mentioned affidavit, and shall forward to the
corporation at said
addresses, by certified mail, with request
for return receipt, a
copy of the process, notice, or demand; and
thereupon service upon
the corporation shall be deemed to have
been made.
(I) The secretary of state shall keep a record of each
process, notice, and demand delivered to the secretary of
state or
at the secretary of state's office under this
section or any other
law of this state that authorizes
service upon the secretary of
state, and shall record the
time of the delivery and the action
thereafter with respect
thereto.
(J) This section does not limit or affect the right to
serve
any process, notice, or demand upon a corporation in any
other
manner permitted by law.
(K) Every corporation shall state in each annual report
filed by it with the department of taxation the name and address
of its statutory agent.
(L) Except when an original appointment of an agent is
filed
with the original articles, a written appointment of an
agent or a
written statement filed by a corporation with the
secretary of
state shall be signed by any authorized officer of
the corporation
or by the incorporators of the corporation or a
majority of them
if no directors have been elected.
(M) For filing a written appointment of an agent other
than
one filed with original articles, and for filing a statement
of
change of address of an agent, the secretary of state shall
charge
and collect
a
the fee
specified in division (R) of
three dollars
section 111.16 of the Revised Code.
(N) Upon the failure of a corporation to appoint another
agent or to file a statement of change of address of an agent,
the
secretary of state shall give notice thereof by certified
mail to
the corporation at the address set forth in the notice of
resignation or on the last franchise tax return filed in this
state by the corporation. Unless the default is cured within
thirty days after the mailing by the secretary of state of the
notice or within any further period of time that the secretary of
state grants, upon the expiration of that period of time from the
date of the mailing, the articles of the corporation shall be
canceled without further notice or action by the secretary of
state. The secretary of state shall make a notation of the
cancellation on the secretary of state's records.
A corporation whose articles have been canceled may be
reinstated by filing, on a form prescribed by the secretary of
state, an application for reinstatement and the
required
appointment of agent or required statement, and by
paying
a
the
filing
fee
specified in division (Q) of
ten dollars
section 111.16
of the Revised Code. The rights, privileges, and franchises of
a
corporation whose articles have been reinstated are subject to
section
1701.922 of the Revised Code. The secretary of state
shall
furnish the tax commissioner a monthly list of all
corporations
canceled and reinstated under this division.
(O) This section does not apply to banks, trust companies,
insurance companies, or any corporation defined under the laws of
this state as a public utility for taxation purposes.
Sec. 1701.81. (A) Upon adoption by each constituent
entity
of an agreement of merger or consolidation pursuant to
section
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or
1701.801 of the
Revised Code, a certificate of merger or
consolidation shall be
filed with the secretary of state that is
signed by any authorized
representative of each
constituent corporation, partnership, or
other
entity.
The certificate shall be on a form prescribed by
the secretary of
state and shall set forth only the information
required by this
section.
(B)(1) The certificate of merger or consolidation shall
set
forth all of the following:
(a) The name and the form of entity of each constituent
entity and the state under the laws of which each constituent
entity exists;
(b) A statement that each constituent entity has complied
with all of the laws under which it exists and that the laws
permit the merger or consolidation;
(c) The name and mailing address of the person or entity
that is to provide, in response to any written request made by a
shareholder, partner, or other equity holder of a constituent
entity, a copy of the agreement of merger or consolidation;
(d) The effective date of the merger or consolidation,
which
date may be on or after the date of the filing of the
certificate;
(e) The signature of each representative authorized to sign
the
certificate on behalf of each
constituent entity and the
office held or the capacity in which the
representative is acting;
(f) A statement that the agreement of merger or
consolidation is authorized on behalf of each constituent entity
and that each person who signed the certificate on
behalf of each
entity is authorized to do so;
(g) In the case of a merger, a statement that one or more
specified constituent entities will be merged into a specified
surviving entity or, in the case of a consolidation, a statement
that the constituent entities will be consolidated into a new
entity;
(h) In the case of a merger, if the surviving entity is a
foreign entity not licensed to transact business in this state,
the name and address of the statutory agent upon whom any
process,
notice, or demand against any constituent entity may be
served;
(i) In the case of a consolidation, the name and address
of
the statutory agent upon whom any process, notice, or demand
against any constituent entity or the new entity may be served.
(2) In the case of a consolidation into a new domestic
corporation, limited liability company, or limited partnership,
the articles of incorporation, the articles of
organization, or
the certificate of limited partnership of the
new domestic entity
shall be filed with the certificate of merger or
consolidation.
(3) In the case of a merger into a domestic corporation,
limited liability company, or limited partnership, any amendments
to the
articles of incorporation, articles
of organization, or
certificate of limited partnership of the
surviving domestic
entity shall be filed with the certificate of merger or
consolidation.
(4) If the surviving or new entity is a foreign entity
that
desires to transact business in this state as a foreign
corporation, limited liability company, or limited partnership,
the certificate of merger or consolidation shall be accompanied
by
the information required by division (B)(8), (9), or (10) of
section 1701.791 of the Revised Code.
(5) If a foreign or domestic corporation licensed to
transact business in this state is a constituent entity and the
surviving or new entity resulting from the merger or
consolidation
is not a foreign or domestic corporation that is to
be licensed to
transact business in this state, the certificate
of merger or
consolidation shall be accompanied by the
affidavits, receipts,
certificates, or other evidence required by
division (H) of
section 1701.86 of the Revised Code, with respect
to each domestic
constituent corporation, and by the affidavits,
receipts,
certificates, or other evidence required by division
(C) or (D) of
section 1703.17 of the Revised Code, with respect
to each foreign
constituent corporation licensed to transact
business in this
state.
(C) If any constituent entity in a merger or consolidation
is organized or formed under the laws of a state other than this
state or under any chapter of the Revised Code other than this
chapter, there also shall be filed in the proper office all
documents that are required to be filed in connection with the
merger or consolidation by the laws of that state or by that
chapter.
(D) Upon the filing of a certificate of merger or
consolidation and other filings as described in division (C) of
this section or at such later date as the
certificate of merger or
consolidation specifies, the merger or consolidation
is
effective.
(E) The secretary of state shall furnish, upon request and
payment of
a
the fee
specified in division (D) of ten dollars
section 111.16 of the Revised Code, the secretary of state's
certificate setting forth
the name and the form of entity of each
constituent entity and
the states under the laws of which each
constituent entity
existed prior to the merger or consolidation,
the name and the
form of entity of the surviving or new entity and
the state under
the laws of which the surviving entity exists or
the new entity
is to exist, the date of filing of the certificate
of merger or
consolidation with the secretary of state, and the
effective date
of the merger or consolidation. The certificate of
the secretary
of state, or a copy of the certificate of merger or
consolidation
certified by the secretary of state, may be filed
for record in
the office of the recorder of any county in this
state and, if
filed, shall be recorded in the records of deeds for
that county.
For that recording, the county recorder shall charge
and collect
the same fee as in the case of deeds.
Sec. 1702.05. (A) Except as provided in this section and
in
sections 1702.41 and 1702.45 of the Revised Code, the
secretary of
state shall not accept for filing in the secretary
of state's
office any
articles if the corporate name set forth in the
articles is
not distinguishable upon the secretary of state's
records from
any of the following:
(1) The name of any other corporation, whether a nonprofit
corporation or a business corporation and
whether that of a
domestic or of a foreign corporation
authorized to do business in
this state;
(2) The name of any limited liability company registered in
the office of
the secretary of state pursuant to Chapter 1705. of
the Revised Code, whether
domestic or foreign;
(3) The name of any limited liability partnership
registered
in the office of the secretary of state pursuant to
Chapter 1775.
of the
Revised Code, whether domestic or
foreign;
(4) The name of any limited partnership registered in the
office of the secretary of state pursuant to
Chapter 1782. of the
Revised Code, whether domestic or
foreign;
(5) Any trade name,
the exclusive right to which is at the
time in question
registered in the office of the secretary of
state pursuant to
Chapter 1329. of the Revised Code.
(B) The secretary of state shall determine for purposes of
this section whether a name is
"distinguishable" from another
name
upon the secretary of state's records. Without
excluding other
names that may
not constitute distinguishable names in this state,
a name is not
considered distinguishable from another name for
purposes of this
section solely because it differs from the other
name in only one
or more of the following manners:
(1) The use of the word
"corporation,"
"company,"
"incorporated,"
"limited," or any abbreviation of any of
those
words;
(2) The use of any article, conjunction, contraction,
abbreviation, or punctuation;
(3) The use of a different tense or number of the same
word.
(C) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon the
secretary of state's records from the name of any other
corporation, any limited liability company, limited liability
partnership, or limited partnership, or from a registered
trade
name, if there also is
filed in the office of the secretary of
state, on a form prescribed
by the secretary of state, the consent
of the
other entity, or, in the case of a registered
trade name,
the
person in whose name is registered the exclusive right
to use
the name, which consent is evidenced in a writing signed by any
authorized officer or authorized
representative of the other
entity or person.
(D) In case of judicial sale or judicial transfer, by sale
or transfer of good will or otherwise, of the right to use the
name of a nonprofit corporation or business corporation,
whether
that of a domestic corporation or of a foreign
corporation
authorized to exercise its corporate privileges in
this state or
to do business in this state, the secretary of
state, at the
instance of the purchaser or transferee of such
right, shall
accept for filing articles of a corporation with a
name the same
as or similar to the name of such other
corporation, if there also
is filed in the office of the
secretary of state a certified copy
of the decree or order of
court confirming or otherwise evidencing
the purchase or
transfer.
(E) Any person who wishes to reserve a name for a proposed
new corporation, or any corporation intending to change its name,
may submit to the secretary of state a written application, on a
form prescribed by the secretary of state, for the exclusive right
to use a specified name as the name of a
corporation. If the
secretary of state finds that, under this
section, the specified
name is available for such use, the
secretary of state shall
file
such application, and, from
the date of such filing, such
applicant shall have
the
exclusive right for
sixty
one hundred
eighty days to use the
specified name as the
name of a
corporation, counting the date of
such
filing as
the first of the
sixty
one hundred eighty days. The right so obtained
may be
transferred by the applicant or other holder of the right
by the
filing in the office of the secretary of state of a written
transfer, on a form prescribed by the secretary of state,
stating
the name and address of the transferee.
(F) For filing under this section any application or other
document, other than articles or a consent to the use of a name,
the secretary of state shall charge and collect a fee of five
dollars.
Sec. 1702.06. (A) Every corporation shall have and
maintain
an agent, sometimes referred to as the
"statutory
agent," upon
whom any process, notice, or demand required or
permitted by
statute to be served upon a corporation may be
served. The agent
may be a natural person who is a resident of
this state, or may be
a domestic or foreign business corporation holding a license as
such under
the laws of this state that is authorized by its
articles
of incorporation to act as such agent, and that has a
business address in this state.
(B) The secretary of state shall not accept original
articles for filing unless there is filed with the articles a
written appointment of an agent signed by the incorporators of
the
corporation or a majority of them and a written acceptance of
the
appointment signed by the agent. In all other cases, the
corporation shall appoint the agent and shall file in the office
of the secretary of state a written appointment of the agent that
is signed by any authorized officer of the corporation and a
written acceptance of the appointment that is either the original
acceptance signed by the agent or a photocopy, facsimile,
or
similar reproduction of the original acceptance signed by the
agent.
(C) The written appointment of an agent shall set forth
the
name and address in this state of the agent, including the
street
and number or other particular description, and shall
otherwise be
in such form as the secretary of state prescribes. The secretary
of state shall keep a record of the names of
corporations and the
names and addresses of their respective
agents.
(D) If any agent dies, removes from the state, or resigns,
the corporation shall forthwith appoint another agent and file
with the secretary of state, on a form prescribed by the secretary
of state, a written appointment of that agent.
(E) If the agent changes the agent's address from that
appearing upon the record in the office of the secretary of
state,
the corporation or the agent shall forthwith file with the
secretary of
state, on a form prescribed by the secretary of
state, a
written statement setting forth the new address.
(F) An agent may resign by filing with the secretary of
state, on a form prescribed by the secretary of state, a
written
notice to that effect that is signed by the agent
and by sending a
copy of the notice to the corporation at the
current or last known
address of its principal office on or prior
to the date that
notice is filed with the secretary of state.
The notice shall set
forth the name of the corporation, the name
and current address of
the agent, the current or last known
address, including the street
and number or other particular
description, of the corporation's
principal office, the
resignation of the agent, and a statement
that a copy of the
notice has been sent to the corporation within
the time and in
the manner prescribed by this division. Upon the
expiration of
sixty days after such filing, the authority of the
agent shall
terminate.
(G) A corporation may revoke the appointment of an agent
by
filing with the secretary of state, on a form prescribed by the
secretary of state, a written appointment of
another agent and a
statement that the appointment of the former
agent is revoked.
(H) Any process, notice, or demand required or permitted
by
statute to be served upon a corporation may be served upon the
corporation by delivering a copy of it to its agent, if a natural
person, or by delivering a copy of it at the address of its agent
in this state, as such address appears upon the record in the
office of the secretary of state. If (1) the agent cannot be
found, or (2) the agent no longer has that address, or (3) the
corporation has failed to maintain an agent as required by this
section, and if in any such case the party desiring that such
process, notice, or demand be served, or the agent or
representative of the party, shall have filed with the secretary
of state an affidavit stating that one of the foregoing
conditions
exists and stating the most recent address of the
corporation
that
the party after diligent search has been
able
to ascertain,
then
service of process, notice, or demand upon the
secretary of
state,
as the agent of the corporation, may be
initiated by
delivering to
the secretary of state or at
the secretary of
state's office
triplicate copies
of such process, notice, or
demand and by paying
to the
secretary of state a fee of
five
dollars. The secretary of
state shall forthwith give notice
of
such delivery to the
corporation at its principal office as
shown
upon the record in
the secretary of state's office and
also to the
corporation
at any
different address set forth in the above
mentioned
affidavit, and
shall forward to the corporation at each
of
those
addresses, by
certified mail, with request for return
receipt, a
copy of such
process, notice, or demand; and thereupon
service
upon the
corporation shall be deemed to have been made.
(I) The secretary of state shall keep a record of each
process, notice, and demand delivered to the secretary of
state or
at the secretary of state's office
under this section or any other
law of this state that
authorizes service upon the secretary of
state, and shall
record the time of such
delivery and the
secretary of state's action thereafter with
respect thereto.
(J) This section does not limit or affect the right to
serve
any process, notice, or demand upon a corporation in any
other
manner permitted by law.
(K) Except when an original appointment of an agent is
filed
with the original articles, a written appointment of an
agent or a
written statement filed by a corporation with the
secretary of
state shall be signed by any authorized officer of
the corporation
or by the incorporators of the corporation or a
majority of them
if no directors have been elected.
(L) For filing a written appointment of an agent other
than
one filed with original articles, and for filing a statement
of
change of address of an agent, the secretary of state shall
charge
and collect
a
the fee
specified in division (R) of
three dollars
section 111.16 of the Revised Code.
(M) Upon the failure of any corporation to appoint another
agent or to file a statement of change of address of an agent,
the
secretary of state shall give notice thereof by certified
mail to
the corporation at the address set forth in the notice of
resignation or on the most recent statement of
continued
existence
filed in this state by the corporation. Unless the
failure is
cured within thirty days after the mailing by the
secretary of
state of the notice or within any further period the
secretary of
state grants, upon the expiration of that period, the articles of
the corporation
shall be canceled without further notice or action
by the
secretary of state. The secretary of state shall make a
notation
of the cancellation on the secretary of state's records.
A
corporation whose articles
have been canceled may be reinstated
by filing, on a form prescribed
by the secretary of state, an
application for
reinstatement and the required appointment of
agent or required
statement, and by paying
a
the filing fee
specified in division (Q) of
ten
dollars
section 111.16 of the
Revised Code. The rights, privileges,
and franchises of a
corporation
whose articles have been reinstated are
subject to
section 1702.60
of the Revised Code. The
secretary of state shall
furnish the tax
commissioner a monthly
list of all corporations
canceled and
reinstated under this
division.
(N) This section does not apply to banks, trust companies,
insurance companies, or any corporation defined under the laws of
this state as a public utility for taxation purposes.
Sec. 1702.43. (A) Upon adoption by each constituent
corporation of an agreement of merger or consolidation pursuant to
section
1702.42 or 1702.45 of the Revised Code, a certificate of
merger or
consolidation, signed by any authorized
representative
of each constituent corporation,
shall be filed with the secretary
of state. The certificate shall be on a
form prescribed by the
secretary of state and shall set forth only the
information
required by this section.
(1) The certificate of merger or consolidation shall set
forth all of the
following:
(a) The name of each constituent entity and the state under
whose
laws each constituent entity exists;
(b) A statement that each constituent entity has complied
with
all of the laws under which it exists and that the laws
permit the merger or
consolidation;
(c) The name and mailing address of the person or entity
that is
to provide, in response to any written request made by a
member or other
person, a copy of the agreement of merger or
consolidation;
(d) The effective date of the merger or consolidation, which
date
may be on or after the date of the filing of the certificate;
(e) The signature of each representative
authorized to sign
the certificate on behalf of each constituent entity and
the
office each representative authorized to sign holds or the
capacity in
which the representative is acting;
(f) A statement that the agreement of merger or
consolidation is
authorized on behalf of each constituent entity
and that each person who
signed the certificate on behalf of each
entity is authorized to do so;
(g) In the case of a merger, a statement that one or more
specified constituent entities will be merged into a specified
surviving
entity or, in the case of a consolidation, a statement
that the constituent
entities will be consolidated into a new
entity;
(h) In the case of a merger, if the surviving entity is a
foreign
entity not licensed to transact business in this state,
the name and address
of the statutory agent upon whom any process,
notice, or demand may be served;
(i) In the case of a consolidation, the name and address of
the
statutory agent upon whom any process, notice, or demand
against any
constituent entity or the new entity may be served.
(2) In the case of a consolidation into a new domestic
corporation, the
certificate of consolidation shall be accompanied
by a copy of the articles of
incorporation of the new domestic
corporation.
(3) In the case of a merger into a domestic corporation, the
certificate
of merger shall be accompanied by a copy of any
amendments to the articles of
incorporation of the surviving
domestic corporation.
(4) If the surviving or new entity is a foreign entity that
desires to
transact business in this state as a foreign
corporation, the certificate of
merger or consolidation shall
contain a statement to that effect and a
statement with respect to
the appointment of the statutory agent and with
respect to the
consent to service of any process, notice, or demand upon that
statutory agent or the secretary of state, as required when a
foreign
corporation applies for a certificate authorizing it to
transact business in
this state.
(5) If a domestic or foreign corporation licensed to
transact business in
this state is a constituent entity and the
surviving or new entity resulting
from the merger or consolidation
is not a domestic or foreign corporation that
is to be licensed to
transact business in this state, the certificate of
merger or
consolidation shall be accompanied by the affidavits, receipts,
certificates, or other evidence required by division (G) of
section
1702.47 of the Revised Code, with respect to each domestic
corporation, and by the
affidavits, receipts, certificates, or
other evidence required by division
(C) or (D) of section 1703.17
of the Revised Code, with respect to each
foreign constituent
corporation licensed to transact business in this state.
(B) If any constituent entity in a merger or consolidation
is
organized or formed under the laws of a state other than this
state or under
any chapter of the Revised Code other than this
chapter, there also shall be filed in the
proper office all
documents that are required to be filed in connection with
the
merger or consolidation by the laws of that state or by that
chapter.
(C) Upon the filing of a certificate
of merger or
consolidation and other filings as described in division
(B) of
this section, or at such later date as the
certificate of merger
or consolidation specifies, the
merger or consolidation shall
become
effective.
(D)
The
secretary of state
shall furnish, upon request and
payment of
a
the fee
specified in division (D) of
ten dollars
section 111.16 of the Revised Code, a
certificate setting forth
the
name of each constituent entity and the state
under whose laws
each constituent entity existed prior to the merger or
consolidation, the name of the surviving or new entity and the
state under
whose laws the surviving entity exists or the new
entity is to exist, the date
of filing of the certificate of
merger or consolidation with the secretary of
state, and the
effective date of the merger or consolidation. The certificate
of
the secretary of state or a copy of the merger or consolidation
certified
by the secretary of state may be filed for record in the
office of the
recorder of any county in this state and, if filed,
shall be recorded in the
records of deeds for that county. For
that
recording, the
county recorder shall charge and collect the
same fee as in the
case of deeds.
Sec. 1702.59. (A) Every nonprofit corporation, incorporated
under the general corporation laws of this state, or previous
laws, or under special provisions of the Revised Code, or created
before September 1, 1851, which corporation has expressedly or
impliedly elected to be governed by the laws passed since that
date, and whose articles or other documents are filed with the
secretary of state, shall file with the secretary of state a
verified statement of continued existence, signed by a
director,
officer, or three members in good standing, setting forth the
corporate name, the place where the principal office of the
corporation is located, the date of incorporation, the fact that
the corporation is still actively engaged in exercising its
corporate privileges, and the name and address of its agent
appointed pursuant to section 1702.06 of the Revised Code.
(B) Each corporation required to file
a statement of
continued existence shall file it
with the secretary of state
within each five years after the date of
incorporation or of the
last corporate filing.
For filing such statements of
continued
existence, the secretary of state shall charge and collect a fee
of
five dollars.
(C) Corporations specifically exempted by division (N) of
section 1702.06 of the Revised Code, or whose activities are
regulated or supervised by another state official, agency,
bureau,
department, or commission are exempted from this section.
(D) The secretary of state shall give notice in writing and
provide a form for compliance with this section to each
corporation required by this section to file the statement of
continued existence, such notice and form to be mailed to the
last
known address of the corporation as it appears on the
records of
the secretary of state or which the secretary of
state may
ascertain upon
a reasonable search.
(E)
In the event
If any nonprofit corporation required by
this
section to file a statement of continued existence fails to
file
the statement required every fifth year, then the secretary
of
state shall cancel the articles of such corporation, make a
notation of the cancellation on the records, and mail to the
corporation a certificate of the action so taken.
(F) A corporation whose articles have been canceled may be
reinstated by filing an application for reinstatement and paying
to the secretary of state
a
the fee
specified in division (Q) of
ten dollars
section 111.16 of the Revised Code. The name of a
corporation
whose articles have been canceled shall be reserved
for a period of one year
after the date of cancellation. If the
reinstatement is not made within one year from the date of the
cancellation of its articles of incorporation and it appears that
a corporate name, limited liability company
name, limited
liability partnership name, limited partnership name, or trade
name has been filed, the name of which is not distinguishable
upon
the record as provided in section 1702.06 of the Revised Code, the
applicant
for reinstatement shall
be required by the secretary of
state, as a condition
prerequisite to such reinstatement, to amend
its articles by
changing its name. A certificate of reinstatement
may be filed
in the recorder's office of any county in the state,
for which
the recorder shall charge and collect a fee of one
dollar. The rights,
privileges, and franchises of a corporation
whose articles have been
reinstated are subject to section 1702.60
of the Revised Code.
(G) The secretary of state shall furnish the tax
commissioner a
list of all corporations failing to file the
required statement of
continued existence.
Sec. 1703.04. (A) To procure a license to transact
business
in this state, a foreign corporation for profit shall
file with
the secretary of state a certificate of good standing
or
subsistence, dated not earlier than ninety days prior
to the
filing of the application, under the seal of the secretary of
state, or other proper official, of the state under the laws of
which said corporation was incorporated, setting forth:
(1) The exact corporate title;
(2) The date of incorporation;
(3) The fact that the corporation is in good standing or
is
a subsisting corporation.
(B) To procure such a license, such corporation also
shall
file with the secretary of state an application in such form as
the secretary of state prescribes, verified by the oath of any
authorized
officer of such corporation, setting forth, but not
limited to:
(1) The name of the corporation and, if its corporate name
is not available, the trade name under which it will do business
in this state;
(2) The name of the state under the laws of which it was
incorporated;
(3) The location and complete address of its principal
office;
(4) The name of the county and the municipal corporation
or
township in which its principal office within this state, if
any,
is to be located;
(5) The appointment of a designated agent and the complete
address of such agent;
(6) The irrevocable consent of such corporation to service
of process on such agent so long as the authority of such agent
continues and to service of process upon the secretary of state
in
the events provided for in section 1703.19 of the Revised
Code;
(7) A brief summary of the corporate purposes to be
exercised within this state.
(C)
Upon the filing by a foreign corporation for profit of
an
application for a license to transact business in this state,
the
corporation shall pay a filing fee of one hundred dollars to
the
secretary of state.
(D)(1) No such application for a license shall be accepted
for filing if it appears that the name of the foreign corporation
is prohibited by law or is not distinguishable upon the records
in
the office of the secretary of state from the name of any
other
corporation, whether nonprofit or for profit and whether
that of a
domestic corporation or of a foreign corporation
authorized to
transact business in this state, the name of a limited
liability
company registered in the office of the secretary of state
pursuant
to Chapter 1705. of the Revised Code, whether domestic or
foreign, the name of any
limited liability partnership
registered
in the office of the secretary of state pursuant to
Chapter 1775.
of the
Revised Code, whether domestic or
foreign, the name of any
limited partnership registered in the
office of the secretary of
state pursuant to
Chapter 1782. of the
Revised Code, whether
domestic or
foreign, or a trade name to which
the exclusive right
at the time in question is
registered in the manner provided in
Chapter 1329. of the Revised
Code, unless there also is filed with
the secretary of state, on a
form prescribed by the secretary of
state, the
consent of the other entity or person to the use of
the
name, evidenced in a writing signed by any authorized officer of
the other entity or authorized
representative of the other person
owning the exclusive right to the registered trade name.
(2) Notwithstanding division
(D)(C)(1) of this
section, if
an
application for a
license is not acceptable for filing solely
because the name of
the foreign corporation is not distinguishable
from the name of
another entity or registered trade name, the
foreign
corporation may be authorized to transact business in this
state
by filing with the secretary of state, in addition to those
items
otherwise prescribed by this section, a statement signed by
an
authorized officer directing the foreign corporation to make
application for a license to transact business in this state
under
an assumed business name or names that comply with the
requirements of this division and stating that the foreign
corporation will transact business in this state only under the
assumed name or names. The application for a license shall be on
a form
prescribed by the secretary of state.
Sec. 1703.041. (A) Every foreign corporation for profit
that is licensed to transact business in this state, and every
foreign nonprofit corporation that is licensed to exercise its
corporate privileges in this state, shall have and maintain an
agent, sometimes referred to as the
"designated agent," upon whom
process against the corporation may be served within this
state.
The agent may be a natural person who is a resident of this
state,
or may be a domestic corporation for profit or a foreign
corporation for profit holding a license under the laws
of this
state that is authorized by its articles of
incorporation to act
as an agent and
that has a business
address in this state.
(B) The written appointment of a designated agent shall
set
forth the name and address of the agent, including the street
and
number or other particular description, and shall otherwise
be in
such form as the secretary of state prescribes. The
secretary of
state shall keep a record of the names of such
foreign
corporations and the names and addresses of their
respective
agents.
(C) If the designated agent dies, removes from the state,
or
resigns, the foreign corporation shall forthwith appoint
another
agent and file in the office of the secretary of state
an
amendment
to the corporation's
application for a foreign license
indicating the name and address, on a form prescribed by the
secretary of state, a written appointment of the
new agent.
(D) If the designated agent changes the agent's
address from
that appearing upon the record in the office of the
secretary of
state, the foreign corporation or the designated
agent in its
behalf shall forthwith file with the secretary of
state
an
amendment to the corporation's application for a
foreign license
setting forth the new address
unless the change is reported on the
annual report filed with the
department of taxation, on a form
prescribed by the secretary of state, a written statement setting
forth the agent's new address.
(E) A designated agent may resign by filing with the
secretary of state, on a form prescribed by the secretary of
state, a signed statement to that effect. The
secretary of state
shall forthwith mail a copy of
such
the statement
to the foreign
corporation at its principal office as shown by
the record in the
secretary of state's office. Upon the
expiration of sixty days
after the filing, the authority of the agent shall
terminate.
(F) A foreign corporation may revoke the appointment of a
designated agent by filing with the secretary of state
an
amendment to its
application for a foreign license
appointing
another agent that includes, on a form prescribed by the secretary
of state, a written appointment of another agent and a statement
that
the appointment
of
the former agent is revoked.
(G) Process may be served upon a foreign corporation by
delivering a copy of it to its designated agent, if a natural
person, or by delivering a copy of it at the address of its agent
in this state, as the address appears upon the record in
the
office of the secretary of state.
(H) This section does not limit or affect the right to
serve
process upon a foreign corporation in any other manner
permitted
by law.
(I) Every foreign corporation for profit shall state in
each
annual report filed by it with the department of taxation
the name
and address of its designated agent in this state.
Sec. 1703.15. No foreign corporation shall transact in
this
state any business that could not be lawfully transacted by
a
domestic corporation. Whenever the secretary of state finds
that
a foreign corporation licensed to transact business in this
state
is transacting in this state a business that a domestic
corporation could not lawfully transact, is transacting business
in this state in a corporate name that is not readily
distinguishable from the name of every other corporation, limited
liability company, limited liability partnership, or limited
partnership,
domestic or foreign, or every trade name, registered
in the office of the
secretary of state, theretofore authorized to
transact business
in this state, without the consent of the other
corporation, limited
liability company, limited liability
partnership, limited partnership, or
trade name registrant,
evidenced in writing filed with the
secretary
of state pursuant to
section 1703.04 of the Revised Code, or has failed, after the
death or resignation of its
designated agent or the designated
agent's removal from this
state, to designate
another agent as
required by section 1703.041 of the Revised
Code, the secretary of
state shall give notice thereof by
certified mail to the
corporation. Unless
that failure is cured within thirty days
after the mailing by the
secretary of
state of the notice or
within such further period as the
secretary of state grants, the
secretary of state, upon the
expiration of such period, shall
cancel the license of the foreign
corporation to transact business
in this state, give notice of
the cancellation to the corporation
by mail, and make a notation
of the cancellation on the secretary
of state's records.
A foreign corporation whose license has been canceled
may be
reinstated upon its filing with the secretary of state,
on a form
prescribed by the secretary of state, an application
for
reinstatement accompanied by
a
the fee
specified in division (Q)
of
ten dollars
section 111.16 of the Revised Code. If the
application for reinstatement is submitted in a tax year or
calendar year other than that in which the cancellation
occurred,
the application also shall be accompanied by a
certificate of
reinstatement issued by the
department of taxation. The name of a
corporation whose license has
been canceled pursuant to this
section shall be reserved for a
period of one year after the date
of
cancellation. If the reinstatement is not made
within one year
after the date of cancellation of the
foreign license and it
appears that a corporate name, limited
liability company name,
limited liability partnership name, limited
partnership name, or
trade name has been filed, the name of which is not
distinguishable upon the record as
provided in division (D) of
section 1703.04
of the Revised
Code, the secretary of state
shall
require the applicant for the reinstatement, as a
condition
prerequisite to such reinstatement, to apply for
authorization to
transact business in this state under an
assumed name.
Sec. 1703.17. (A) A foreign corporation may surrender its
license to transact business in this state in the manner provided
in this section.
(B) A certificate of surrender signed by any authorized
officer, or
by the receiver,
trustee in bankruptcy, or other
liquidator of such corporation,
shall be filed with the secretary
of state, on a form prescribed by the
secretary of state, setting
forth:
(1) The name of the corporation and of the state under the
laws of which it is incorporated;
(2) That it surrenders its license;
(3) The address to which the secretary of state may mail
any
process against such corporation that may be served upon the
secretary of state, and may mail any other notices, certificates,
or
statements.
(C) A certificate of surrender, filed with the secretary
of
state, on a form prescribed by the secretary of state, shall
be
accompanied by:
(1) A receipt, certificate, or other evidence showing the
payment of all franchise, sales, use, and highway use taxes
accruing up to the date of such filing, or that such
payment has
been adequately guaranteed;
(2) A receipt, certificate, or other evidence showing the
payment of all personal property taxes accruing up to the date of
such filing;
(3) A receipt, certificate, or other evidence from the
director of job and family
services showing that all contributions
due
from the corporation as an employer have been paid, or that
such
payment has been adequately guaranteed, or that the
corporation
is not subject to such contributions;
(4) An affidavit of the officer, or other person permitted
by law, executing the certificate of surrender, containing a
statement of the counties, if any, in this state in which the
corporation has personal property or a statement that the
corporation is of a type required to pay personal property taxes
to state authorities only.
(D) In lieu of the receipt, certificate, or other evidence
described in divisions (C)(1), (2), and (3) of this section, a
certificate of surrender may be accompanied by an affidavit of
the
person executing the certificate of surrender, or of an
officer of
the corporation, that contains a statement of the date
upon which
the particular department, agency, or authority was
advised in
writing of the scheduled date of filing the
certificate of
surrender and was advised in writing of the
acknowledgement by the
corporation that the surrender of its
license does not relieve it
of liability, if any, for payment of
the taxes and contributions
described in divisions (C)(1), (2),
and (3) of this section.
(E) In lieu of filing such certificate of surrender there
may be filed a certificate of the secretary of state, or other
proper official, of the state under the laws of which the
corporation is incorporated, certifying that said corporation has
been dissolved or its corporate existence otherwise terminated,
or
a certified copy of an order of court terminating the
existence of
such corporation; but such certificate or certified
copy shall be
accompanied by the information required by division
(B)(3) of this
section.
(F)
For
After the payment of the fee specified in division
(N)(2) of section 111.16 of the Revised Code and the filing
of any
such certificate or certified copy
under this section,
there shall
be paid to the secretary of state
a filing fee of twenty-five
dollars. The
the secretary of state
shall
thereupon cancel the
license of such corporation, make a
notation of such cancellation
upon the secretary of state's
records, and mail to the
corporation
a certificate of the action so taken.
(G) The mere retirement from business of a foreign
corporation without filing a certificate of surrender shall not
exempt such corporation from the requirements of filing the
reports and paying the fees required by sections 1703.01 to
1703.31 of the Revised Code, or from making reports and paying
excise or franchise fees or taxes.
Sec. 1703.27. No foreign nonprofit corporation shall
exercise its corporate privileges in this state in a continual
course of transactions until it has first procured from the
secretary of state a certificate authorizing it to do so.
Before issuing such certificate, the secretary of state
shall
require such foreign corporation to file in the secretary
of
state's office a certificate of good standing or subsistence,
setting
forth the exact corporate title, the date of
incorporation, and the fact that
the corporation is in good
standing or is a subsisting corporation, certified
by the
secretary of state, or other proper
official, of the state under
the laws of which the corporation
was incorporated, and a
statement, on a form prescribed by the secretary of
state,
verified by the oath of one of
its officers, setting forth, but
not limited to, the following:
(A) The name of the corporation;
(B) The state under the laws of which it is incorporated;
(C) The location of its principal office;
(D) The corporate privileges it proposes to exercise in
this
state;
(E) The location of its principal office in this state;
(F) The appointment of a designated agent and the complete
address of such agent;
(G) Its irrevocable consent to service of process on such
agent so long as the authority of the agent continues and
to
service of process upon the secretary of state in the events
provided for in section 1703.19 of the Revised Code.
For the filing of
such
that statement, the secretary of state
shall charge and collect
a
the fee
specified in division (I)(1) of
thirty-five dollars
section 111.16 of the Revised Code.
A foreign nonprofit corporation shall file an amendment with
the secretary
of state if there is a modification of any of the
information required to be
included in its statement, except for
changes in information required by division (F) of this section,
which shall be corrected in the same manner as described in
section 1702.06 of the Revised Code. For the filing of
such
amendment
those amendments and corrections, the secretary of
state
shall charge and collect
a
the fee
specified in division (B) or
(R) of
fifty dollars
section 111.16 of the Revised Code.
Sections 1703.01 to 1703.31 of the Revised Code, governing
foreign corporations for profit in respect to exemption from
attachment, change of location of principal office, change of its
designated agent or of the designated agent's address,
service on
the secretary of
state, license certificate as prima-facie
evidence, proof of due
incorporation, filing of amendments
evidencing
changes of corporate name, merger, or consolidation,
filing of certificate
of surrender, service on retired
corporation, and penalties or
forfeitures for transacting business
without license, for false
reports, and for failure to comply with
other applicable
provisions of such sections, shall also apply to
foreign
nonprofit corporations.
The secretary of state may require further reports,
certificates, or information from a foreign nonprofit
corporation,
including verification of the continued existence of
the
corporation. Upon the failure of any corporation to provide
the
information, the secretary of state shall give notice of the
failure by certified mail and, if the report is not filed within
thirty days after the mailing of the notice, the license of the
corporation to exercise its corporate privileges in this state
shall expire and the secretary of state shall make a notation to
that effect on the secretary of state's records.
Sec. 1703.31. (A) Any foreign corporation may register
its
corporate name, if its corporate name is available for use
under
division (D) of section 1703.04 of the Revised Code, by
filing in
the office of the secretary of state an application, on a
form
prescribed by the secretary of state, that contains the
following
information:
(1) The exact corporate name to be registered;
(2) The complete address of the principal office of the
corporation;
(3) The jurisdiction of its incorporation;
(4) The date of its incorporation;
(5) A statement that it is carrying on or doing business;
(6) The general nature of the business in which it is
engaged;
(7) Any other information required by the secretary of
state.
The application shall be signed and verified by an officer
of
the applicant.
The application shall be accompanied by a certificate
stating
that the corporation is in good standing under the laws
of the
jurisdiction of its incorporation, which certificate shall
be
executed by the official of the jurisdiction having custody of
the
records pertaining to corporations and dated not earlier than
sixty days prior to the filing of the application.
A
The filing fee
specified in division (S)(1) of
twenty-five
dollars, payable to the
secretary of state,
section 111.16 of the
Revised Code shall accompany the application.
(B) Registration of a corporate name under this section is
effective for a term of one year from the date of registration.
Upon application, on a form prescribed by the secretary of
state,
filed with the secretary of state prior to the
expiration of each
one-year term, the registration may be renewed
for an additional
term. The renewal application shall set forth
the facts required
to be set forth in the original application
for registration,
together with a certificate of good standing as
required for the
initial registration.
The secretary of state shall notify registrants within the
three months before the expiration of one year from the date of
registration of the necessity of renewal by writing to the
principal office address of the registrants as shown upon the
current registration in effect.
A
The renewal fee
specified in division (S)(3) of
twenty-five
dollars
section 111.16 of the Revised Code, payable to the
secretary of state, shall accompany the application for renewal
of
the registration.
Sec. 1705.05. (A) The name of a limited liability company
shall include the words,
"limited liability company," without
abbreviation or shall include one of the following abbreviations:
"LLC,"
"L.L.C.,"
"limited,"
"ltd.," or
"ltd".
(B)(1) Except as provided in this section and in sections
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised
Code, the secretary of state shall not accept for filing in
the
secretary of state's office the articles of organization of a
limited liability
company if the company name set forth in the
articles is not
distinguishable on the records of the secretary of
state from
the name of any of the following:
(a) Any other limited liability company, whether the name
is
of a domestic limited liability company or of a foreign
limited
liability company registered as a foreign limited
liability
company under this chapter;
(b) Any corporation, whether the name is of a domestic
corporation or of a foreign corporation holding a license as a
foreign corporation under the laws of this state pursuant to
Chapter 1701., 1702., or 1703. of the Revised Code;
(c) Any limited liability partnership, whether the name is
of
a domestic limited liability partnership or a foreign limited
liability partnership registered pursuant to Chapter 1775. of the
Revised Code;
(d) Any limited partnership, whether
the name is of a
domestic limited partnership or a foreign
limited partnership
registered pursuant to Chapter 1782.
of the Revised Code;
(e) Any trade name to which the exclusive right, at the time
in
question, is registered in the office of the secretary of state
pursuant to
Chapter 1329. of the Revised Code.
(2) The secretary of state may accept for filing in the
secretary of state's
office the articles of organization of a
limited liability
company whose name set forth in the articles is
not
distinguishable on the records of the secretary of state from
any trade
name or the name of another limited liability company,
corporation,
limited liability partnership, or limited partnership
if there also is
filed in the secretary of state's office the
consent of the other entity
or, in the case of a registered trade
name,
the person in whose name is registered the exclusive right
to the use of
the particular name.
(C) A consent given by an entity or
person in whose name is
registered the exclusive right to use a trade
name, to the use of
a name by a limited
liability company, shall be in
the form of an
instrument, prescribed by the secretary of state, that is
signed
by an authorized officer or other
authorized representative of the
consenting entity or person in whose
name the trade name is
registered.
(D) If a judicial sale or a judicial transfer by sale,
transfer of good will, or otherwise involves the right to use the
name of a domestic limited liability company or of a foreign
limited liability company registered as a foreign limited
liability company under this chapter, then, at the request of the
purchaser or transferee of that right, the secretary of state
shall accept for filing articles of organization of a limited
liability company with a name that is the same as or similar to
the name of the other limited liability company if there also is
filed in the secretary of state's office a certified copy of
the
court order or decree
that confirms or otherwise evidences the
purchase or transfer.
(E) Any person that wishes to reserve a name for a
proposed
new limited liability company or any limited liability
company
that intends to change its name may submit to the
secretary of
state, on a form prescribed by the secretary of
state, a written
application for the exclusive right
to use a specified name as the
name of the company. If the
secretary of state finds, consistent
with this section, that the
specified name is available for use,
the secretary of state
shall file the application. From the date
of the
filing, the applicant has the exclusive right for
sixty
one
hundred eighty days
to use the specified name as the name of the
limited
liability
company, counting the date of the filing as the
first of
the
sixty
one hundred eighty days. The right so obtained
may be transferred by the
applicant or other holder of the right
by filing in the office of
the secretary of state a written
transfer, on a form prescribed by
the secretary of state, that
states the name
and address of the
transferee.
(F) The secretary of state shall charge and collect a fee
of
five dollars for filing under this section any application or
document other than articles of organization or a consent to the
use of a name.
Sec. 1705.06. (A) Each limited liability company shall
maintain continuously in this state an agent for service of
process on the company. The agent shall be an individual who is
a
resident of this state, a domestic corporation, or a foreign
corporation holding a license as a foreign corporation under the
laws of this state.
(B)(1) The secretary of state shall not accept original
articles of organization of a limited liability company for
filing
unless the articles are accompanied by both of the
following:
(a) A written appointment of an agent as described in
division (A) of this section that is signed by an authorized
member, manager,
or other
representative of the limited liability
company;
(b) A written acceptance of the appointment that is signed
by the designated agent on a form prescribed by the secretary of
state.
(2) In cases not covered by division (B)(1) of this
section,
the limited liability company shall appoint the agent
described in
division (A) of this section and shall file with the
secretary of
state, on a form prescribed by the secretary of
state, a written
appointment of that agent that is
signed as described in division
(K) of this section and a written
acceptance of the appointment
that is signed by the designated
agent.
(3) For purposes of divisions (B)(1) and (2) of this
section, the filed written acceptance of an agent's appointment
shall be a signed original document or a photocopy,
facsimile, or
similar reproduction of a signed original
document.
(C) The written appointment of an agent described in
division (A) of this section shall set forth the name of the
agent
and the agent's address in this state, including the street
and
number or other particular description of that address. It
otherwise shall be in the form that the secretary of state
prescribes. The secretary of state shall keep a record of the
names of limited liability companies and the names and addresses
of their agents.
(D) If any agent described in division (A) of this section
dies, resigns,
or moves outside of this state, the
limited
liability company shall appoint forthwith another agent
and file
with the secretary of state, on a form prescribed by the
secretary
of state, a written appointment of the
agent and acceptance of
appointment as described in division
(B)(2) of this section.
(E) If the agent described in division (A) of this section
changes the agent's address from the address stated in the
records
of the secretary of state, the agent or the limited liability
company shall file forthwith with the secretary of state, on a
form
prescribed by the secretary of state, a
written statement
setting forth the new address.
(F) An agent described in division (A) of this section may
resign by filing with the secretary of state, on a form prescribed
by the secretary of state, a written notice of
resignation that is
signed by the agent and by mailing a copy of
that notice to the
limited liability company at the current or
last known address of
its principal office. The notice shall be
mailed to the company
on or prior to the date that the notice is
filed with the
secretary of state and shall set forth the name of
the company,
the name and current address of the agent, the
current or last
known address, including the street and number or
other particular
description, of the company's principal office,
a statement of the
resignation of the agent, and a statement that
a copy of the
notice has been sent to the company within the time
and in the
manner specified in this division. The authority of
the resigning
agent terminates thirty days after the filing of
the notice with
the secretary of state.
(G) A limited liability company may revoke the appointment
of its agent described in division (A) of this section by filing
with the secretary of state, on a form prescribed by the secretary
of state, a written appointment of another
agent and an acceptance
of appointment in the manner described in
division (B)(2) of this
section and a statement indicating that
the appointment of the
former agent is revoked.
(H)(1) Any legal process, notice, or demand required or
permitted by law to be served upon a limited liability company
may
be served upon the company as follows:
(a) If the agent described in division (A) of this section
is an individual, by delivering a copy of the process, notice, or
demand to the agent;
(b) If the agent is a corporation, by delivering a copy of
the process, notice, or demand to the address of the agent in
this
state as contained in the records of the secretary of state.
(2) If the agent described in division (A) of this section
cannot be found or no longer has the address that is stated in
the
records of the secretary of state or the limited liability
company
has failed to maintain an agent as required by this
section and if
the party or the agent or representative of the
party that desires
service of the process, notice, or demand
files with the secretary
of state an affidavit that states that
one of those circumstances
exists and states the most recent
address of the company that the
party who desires service has
been able to ascertain after a
diligent search, then the service
of the process, notice, or
demand upon the secretary of state as
the agent of the company may
be initiated by delivering to the
secretary of state four copies
of the process, notice, or demand
accompanied by a fee of five
dollars. The secretary of state
shall give forthwith notice of
that delivery to the company at
either its principal office as
shown upon the secretary of
state's records or at any
different
address specified in the affidavit of the party
desiring service
and shall forward to the company at either
address by certified
mail, return receipt requested, a copy of
the process, notice, or
demand. Service upon the company is made
when the secretary of
state gives the notice and forwards the
process, notice, or demand
as set forth in division (H)(2) of
this section.
(I) The secretary of state shall keep a record of each
process, notice, and demand that pertains to a limited liability
company and that is delivered to the secretary of state's
office
under this section or
another law of this state that authorizes
service upon the
secretary of state in
connection with a limited
liability company. In that record, the
secretary of state
shall
record the time of each delivery of that type and the
secretary of
state's
subsequent action with respect to the process, notice, or
demand.
(J) This section does not limit or affect the right to
serve
any process, notice, or demand upon a limited liability
company in
any other manner permitted by law.
(K) The written appointment of an agent or a written
statement filed
by the company with the secretary of state shall
be signed by an
authorized member, manager, or other
representative of the
company.
(L) For filing a written appointment of an agent described
in division (A) of this section that is not filed with the
original articles of organization of a limited liability company
and for filing a statement of change of address of an agent, the
secretary of state shall charge and collect a fee of three
dollars.
Sec. 1705.38. (A) Upon the adoption by each constituent
entity of an agreement of merger or consolidation pursuant to
section 1705.36 or 1705.37 of the Revised Code, a certificate of
merger or consolidation shall be filed with the secretary of
state
that is signed by a manager of each constituent limited
liability
company in which the management is not reserved to its
members, by
at least one member of each other constituent limited
liability
company, by at least one general partner of each
constituent
partnership, and by an authorized representative of
each other
constituent entity. The certificate shall be on a
form prescribed
by the secretary of state and shall set forth
only the information
required by this section.
(B)(1) The certificate of merger or consolidation shall
set
forth all of the following:
(a) The name and the form of entity of each constituent
entity and the state under the laws of which each constituent
entity exists;
(b) A statement that each constituent entity has complied
with all of the laws under which it exists and that the laws
permit the merger or consolidation;
(c) The name and mailing address of the person or entity
that is to provide, in response to any written request made by a
shareholder, partner, or other equity holder of a constituent
entity, a copy of the agreement of merger or consolidation;
(d) The effective date of the merger or consolidation,
which
date may be on or after the date of the filing of the
certificate;
(e) The signature of the representative or representatives
authorized to sign the certificate on behalf of each constituent
entity and the office held or the capacity in which the
representative is acting;
(f) A statement that the agreement of merger or
consolidation is authorized on behalf of each constituent entity
and that the persons who signed the certificate on behalf of each
entity are authorized to do so;
(g) In the case of a merger, a statement that one or more
specified constituent entities will be merged into a specified
surviving entity or, in the case of a consolidation, a statement
that the constituent entities will be consolidated into a new
entity;
(h) In the case of a merger, if the surviving entity is a
foreign entity not licensed to transact business in this state,
the name and address of the statutory agent upon whom any
process,
notice, or demand may be served;
(i) In the case of a consolidation, the name and address
of
the statutory agent upon whom any process, notice, or demand
against any constituent entity or the new entity may be served.
(2) In the case of a consolidation into a new domestic
corporation, limited liability company, or limited partnership,
the articles of incorporation, the articles of
organization, or
the certificate of limited partnership of the
new domestic entity
shall be filed with the certificate of merger or
consolidation.
(3) In the case of a merger into a domestic corporation,
limited liability company, or limited partnership, any amendments
to the
articles of incorporation, articles
of organization, or
certificate of limited partnership of the
surviving domestic
entity shall be filed with the certificate of merger or
consolidation.
(4) If the surviving or new entity is a foreign entity
that
desires to transact business in this state as a foreign
corporation, limited liability company, or limited partnership,
the certificate of merger or consolidation shall be accompanied
by
the information required by division (B)(8), (9), or (10) of
section 1705.37 of the Revised Code.
(5) If a foreign or domestic corporation licensed to
transact business in this state is a constituent entity and the
surviving or new entity resulting from the merger or
consolidation
is not a foreign or domestic corporation that is to
be licensed to
transact business in this state, the certificate
of merger or
consolidation shall be accompanied by the
affidavits, receipts,
certificates, or other evidence required by
division (H) of
section 1701.86 of the Revised Code, with respect
to each domestic
constituent corporation, and by the affidavits,
receipts,
certificates, or other evidence required by division
(C) or (D) of
section 1703.17 of the Revised Code, with respect
to each foreign
constituent corporation licensed to transact
business in this
state.
(C) If any constituent entity in a merger or consolidation
is organized or formed under the laws of a state other than this
state or under any chapter of the Revised Code other than this
chapter, there also shall be filed in the proper office all
documents that are required to be filed in connection with the
merger or consolidation by the laws of that state or by that
chapter.
(D) Upon the filing of a certificate of merger or
consolidation and other filings as described in division (C) of
this section or at any later date that the certificate of merger
or consolidation specifies, the merger or consolidation is
effective.
(E)(1) Upon request and payment of
a
the fee
specified in
division (D) of
ten dollars
section 111.16 of the Revised Code,
the secretary of
state shall furnish the secretary of
state's
certificate setting
forth all of the following:
(a) The name and form of entity of each constituent entity
and the states under the laws of which each constituent entity
existed prior to a merger or consolidation;
(b) The name and the form of entity of the surviving or
new
entity and the state under the laws of which the surviving
entity
exists or the new entity is to exist;
(c) The date of the filing of the certificate of merger or
consolidation in the secretary of state's office;
(d) The effective date of the merger or consolidation.
(2) The certificate of the secretary of state or a copy of
a
certificate of merger or consolidation that has been certified
by
the secretary of state may be filed for record in the office
of
the recorder of any county in this state and, if filed, shall
be
recorded in the record of deeds for that county. For that
recording, the county recorder shall charge and collect the same
fees as for recording a deed.
Sec. 1705.55.
(A) If any statement in an application for
registration as a
foreign limited liability company is materially
false when made or if any
facts described in the application have
changed making it inaccurate in any
material respect, the foreign
limited liability company shall file promptly
with the secretary
of state a certificate correcting the application that
shall be on
a form that is prescribed by the secretary of state and be signed
by an authorized representative of the company.
If
(B) If the
application for
registration or a subsequent
certificate of
correction becomes
inaccurate because the
designated agent
resigns or changes
the agent's address from that
appearing
in the registration
application or any subsequent
certificate of correction of
the
registration application, the
foreign limited liability
company,
or the designated agent on its
behalf, shall file
a notice of that resignation or change
promptly
with
the secretary of state
a new certificate of correction
setting
forth
the new address.
(C) A foreign limited liability company may revoke the
appointment of its designated agent described in division (A) of
section 1705.54 of the Revised Code by filing with the secretary
of state, on a form prescribed by the secretary of state, a
written appointment of another agent and an acceptance of
appointment in the manner described in division (B)(2) of section
1705.06 of the Revised Code and a statement indicating that the
appointment of the former agent is revoked.
(D) The fee specified in division (R) of section 111.16 of
the Revised Code shall accompany a filing under division (B) or
(C) of this section.
Sec. 1746.04. (A) Except as set forth in section 1746.03
of
the Revised Code, before transacting business in this state, a
business trust shall file
a report in the office of the secretary
of state, on forms prescribed by the secretary of state, a report
containing the following information:
(1) A list of the names and addresses of its trustees;
(2) The address of its principal office;
(3) In the case of a foreign business trust, the address
of
its principal office within this state, if any;
(4) The business names of the business trust, including
any
fictitious or assumed names;
(5) The name and address within this state of a designated
agent upon whom process against the business trust may be served;
(6) The irrevocable consent of the business trust to
service
of process upon its designated agent and to service of
process
upon the secretary of state if, without the registration
of
another agent with the secretary of state, its designated
agent
has died, resigned, lost authority, dissolved, become
disqualified, or has removed from this state, or if its
designated
agent cannot, with due diligence, be found.
Such report shall have attached as an exhibit an executed
copy of the trust instrument or a true and correct copy of it,
certified to be such by a trustee before an official authorized
to
administer oaths or by a public official in another state in
whose
office an executed copy is on file.
(B) Not more than ninety days after the occurrence of any
event causing any filing, including exhibits, made pursuant to
division (A) of this section, or any previous filing made
pursuant
to this division, to be inaccurate or incomplete, there
shall be
filed in the office of the secretary of state all
information
necessary to maintain the accuracy and completeness
of such
filing.
(C) The secretary of state shall charge and collect
a fee
the fees specified in division (T)
of
seventy-five dollars
section
111.16 of the Revised Code for each filing made under division (A)
of this section and fifteen dollars for each filing under
division
or (B) of this section, except for filings under division (B) of
this section pertaining solely to division (A)(5) of this section,
for which the secretary of state shall charge and collect the fee
specified in division (R) of section 111.16 of the Revised Code.
(D) The trust instrument and other information filed in
the
office of the secretary of state are matters of public
record, and
persons dealing with a business trust are charged
with
constructive notice of the contents of any such instrument
or
information by reason of such filing.
(E) A copy of a trust instrument or other information
filed
in the office of the secretary of state shall be accepted
as
prima-facie evidence of the existence of the instrument or
other
information and of its contents, and conclusive evidence of
the
existence of such record.
Sec. 1746.06. (A) No business trust that has made a
filing
pursuant to section 1746.04 of the Revised Code may use
the words
"Incorporated,"
"Corporation,"
"Inc.,"
"Co.,"
"Partnership,"
"Ltd.," or derivatives thereof in its name.
(B) No business trust formed after the effective date of
this chapter that has made a filing pursuant to section 1746.04
of
the Revised Code shall assume the name of any corporation
established under the laws of this state, or of a corporation,
firm, or association, or trust whether or not as defined in
section 1746.01 of the Revised Code, or of an individual,
carrying
on business in this state at the time when the business
trust is
created, or assume a name so similar thereto as to be
likely to be
mistaken for it, except with the written consent of
such existing
corporation, firm, association, or trust, or of
such individual,
previously or concurrently filed with the
secretary of state.
(C) The secretary of state shall refuse to receive for
filing the trust instrument of a business trust if it appears to
him
the secretary of state to have violated any provision of
this
section. The courts
of common pleas of this state shall have
jurisdiction, upon the
application of any person interested or
affected, to enjoin a
business trust from transacting business
under any name in
violation of any provision of this section,
notwithstanding that
the trust instrument of such business trust
has been received for
filing under section 1746.04 of the Revised
Code.
(D) Any person who wishes to reserve a name for a proposed
new business trust, or any business trust intending to change its
name, may submit to the secretary of state a written application
for the exclusive right to use a specified name as the name of a
business trust. If the secretary of state finds that, under this
section, the specified name is available for such use,
he
the
secretary of state shall
indorse
his
the secretary of state's
approval upon and file such
application and, from the
date of such
indorsement, such applicant shall have the exclusive
right for
sixty
one hundred eighty days to use the specified name as the
name of a
business trust, counting the date of such indorsement as
the
first of the
sixty
one hundred eighty days. The right so
obtained may be
transferred by the applicant or other holder
thereof by the
filing in the office of the secretary of state of a
written
transfer stating the name and address of the transferee.
For
filing any application
for the exclusive right to use a
specified name under this division, the secretary of
state shall
charge and collect
a
the fee
specified in division (S)(1) of
five
dollars
section 111.16 of the Revised Code.
For each filing of a
transfer of the right to an exclusive name under this division,
the secretary of state shall charge and collect the fee specified
in division (S)(4) of section 111.16 of the Revised Code.
(E) Any business trust that has not made the filings
described under section 1746.04 of the Revised Code may submit to
the secretary of state a written application for the exclusive
right to use a specified name as the name of such business trust.
If the secretary of state finds that, under this section, the
specified name is available for such use,
he
the secretary of
state shall indorse
his
the secretary of state's
approval upon and
file such application and, from the date of
such indorsement, such
applicant has the exclusive right to use
the specified name for
the period that it transacts business.
The right so obtained may
be transferred by the applicant or
other holder thereof by the
filing in the office of the secretary
of state of a written
transfer stating the name and address of
the transferee. For
filing
any
an application
for the exclusive right to use a
specified name under this division,
the secretary of state shall
charge and collect
a
the fee
specified in division (S)(1) of
five
dollars
section 111.16 of the Revised Code.
Sec. 1746.15. Any business trust that has made the filings
described in
section 1746.04 of the Revised Code may withdraw from
this state at any time
by filing in the office of the secretary of
state a verified copy of a
resolution duly adopted by its trustees
declaring its intention to withdraw
and surrender its authority,
accompanied by
a
the fee
of fifteen dollars
specified in division
(T) of section 111.16 of the Revised Code.
Sec. 1747.03. (A) Before transacting real estate business
in this state, a real estate investment trust shall file the
following report in the office of the secretary of state, on
forms
prescribed by the secretary of state:
(1) An executed copy of the trust instrument or a true and
correct copy of it, certified to be such by a trustee before an
official authorized to administer oaths or by a public official
in
another state in whose office an executed copy is on file;
(2) A list of the names and addresses of its trustees;
(3) The address of its principal office;
(4) In the case of a foreign real estate investment trust,
the address of its principal office within this state, if any;
(5) The business name of the trust;
(6) The name and address within this state of a designated
agent upon whom process against the trust may be served;
(7) The irrevocable consent of the trust to service of
process on its designated agent and to service of process upon
the
secretary of state if, without the registration of another
agent
with the secretary of state, its designated agent has died,
resigned, lost authority, dissolved, become disqualified, or has
removed from this state, or if its designated agent cannot, with
due diligence, be found;
(8) Not more than ninety days after the occurrence of any
event causing any filing made pursuant to divisions (A)(2) to (6)
of this section, or any previous filing made pursuant to this
division, to be inaccurate or incomplete, all information
necessary to maintain the accuracy and completeness of such
filing.
(B) For
filing
filings under this section, the secretary of
state
shall charge and collect
a
the fee
specified in division (T)
of
fifty dollars, except that for
filing under division (A)(8) of
this section, the secretary of
state shall charge and collect a
fee of ten dollars
section 111.16 of the Revised Code, except for
filings under division (A)(8) of this section pertaining solely to
division (A)(6) of this section, for which the secretary of state
shall charge and collect the fee specified in division (R) of
section 111.16 of the Revised Code.
(C) All persons shall be given the opportunity to acquire
knowledge of the contents of the trust instrument and other
information filed in the office of the secretary of state, but no
person dealing with a real estate investment trust shall be
charged with constructive notice of the contents of any such
instrument or information by reason of such filing.
(D) A copy of a trust instrument or other information
filed
in the office of the secretary of state
shall be
is
prima-facie
evidence of the existence of the instrument or other
information
and of its contents, and
as
is conclusive evidence of
the
existence of such record.
Sec. 1747.04. A trust instrument may be amended in the
manner specified in it
or in any manner that is valid under the
common or statutory law applicable to
the trust created
thereunder
under it. However, no amendment adopted subsequent to the
initial
filings required by section 1747.03 of the Revised Code is legally
effective in this state until an executed or certified true and
correct copy
of the amendment has been filed in the office of the
secretary of state
accompanied by
a
the fee
specified in division
(T) of
twenty-five dollars
section 111.16 of the Revised Code.
Sec. 1747.10. Any domestic or foreign real estate investment
trust authorized
to transact real estate business in this state
may surrender its authority at
any time by filing in the office of
the secretary of state a verified copy of
a resolution duly
adopted by its trustees declaring its intention to
withdraw,
accompanied by
a
the fee
specified in division (T) of
ten dollars
section 111.16 of the Revised Code. Such real estate investment
trust then ceases and is without authority to transact real estate
business in
this state, except as necessary for
the concluding
thereof
its conclusion.
Sec. 1775.63. (A) A domestic limited liability partnership
or foreign registered limited
liability partnership shall,
annually
biennially during the month of July
in odd-numbered
years, file a report
with the office of the secretary of state
verifying and, if
necessary, updating, as of the thirtieth day of
June of
that year, the information contained in the registration
application required by division (A) of sections 1775.61 and
1775.64 of the
Revised Code. The
annual report shall be made on a
form
prescribed and furnished by the secretary of state and shall
be
signed by a majority in interest of the partners or by one or
more partners authorized by the partnership to execute the
report.
(B) If a domestic limited liability partnership or foreign
registered limited liability partnership fails
to file the
annual
report in accordance with division (A) of this
section,
the
secretary of state shall give notice of the failure
by certified
mail to the last known address of the partnership or
its statutory
agent. If the report is not filed within thirty
days after the
mailing of the notice, the secretary of state
shall, upon the
expiration of that period, cancel the
registration of the
partnership, give notice of the cancellation
to the partnership by
regular mail to the last known address of
the partnership or its
statutory agent, and make a notation of
the cancellation on the
secretary of state's records.
(C) A domestic limited liability partnership or foreign
registered limited liability partnership whose
registration has
been canceled pursuant to division (B) of this
section may be
reinstated by filing an application for reinstatement, together
with the required
annual report or reports, and by paying
a
the
reinstatement fee
specified in division (Q) of
ten dollars
section
111.16 of the Revised Code. The secretary of state shall
inform
the tax commissioner of all cancellations and
reinstatements under
this section.
Sec. 1775.64. (A) Before
transacting business in this
state, a foreign limited liability partnership
shall file a
registration application with the secretary of state. The
application shall be on a form prescribed by the secretary of
state and shall
set forth only the following information:
(1) The name of the partnership;
(2) The jurisdiction pursuant to the laws of which it was
organized as a
limited
liability partnership;
(3) The address of its principal office or, if the
partnership's
principal office is not located in this state, the
address of a registered
office;
(4) The name and address of its agent for service of process
in this
state;
(5) A brief statement of the business in which the
partnership
engages.
(B) A registration application shall be accompanied by the
application fee specified in division (F) of section 111.16 of the
Revised Code.
(C) A foreign limited liability
partnership transacting
business in this state shall comply with the
name, correction, and
annual reporting requirements set
forth in division (G) of section
1775.61, divisions
(B) and (C) of section 1775.62, and section
1775.63 of
the Revised
Code and shall comply with any statutory or
administrative registration or filing requirements governing the
specific type
of business in which the partnership engages.
(D) The secretary of state shall
register as a foreign
limited liability partnership, any foreign limited
liability
partnership that submits a completed registration application with
the required fee.
(E) Registration as a foreign limited liability partnership
ceases if
either of the
following occurs:
(1) The registration is voluntarily withdrawn by filing with
the secretary
of state, on a form prescribed by the secretary of
state, a written withdrawal
notice signed by one or more partners
authorized by the partnership to execute
a withdrawal notice.
(2) The registration is canceled by the secretary of state
pursuant to
section 1775.63 of the Revised Code.
Sec. 1782.04.
(A) Each limited partnership shall maintain
continuously in this
state an agent for service of process on the
limited partnership. The agent
shall be a natural person who is a
resident of this state, a domestic
corporation, or a foreign
corporation holding a license as such under the laws
of this
state.
(B) The secretary of state shall not accept a certificate of
limited partnership for filing unless there is filed with the
certificate a written appointment of an agent that is signed by
the general partners of the limited partnership and a written
acceptance of the appointment that is signed by the agent, or
unless there is filed a written appointment of an agent that is
signed by any authorized officer of the limited partnership and a
written acceptance of the appointment that is either the original
acceptance signed by the agent or a photocopy, facsimile, or
similar reproduction of the original acceptance signed by the
agent.
In the discretion of the secretary of state, an original
appointment of statutory agent may be submitted on the same form
as the certificate of limited partnership but shall not be
considered a part of the certificate.
(C) The written appointment of an agent shall set forth the
name and address in this state of the agent, including the street
and number or other particular description, and shall otherwise be
in the form the secretary of state prescribes. The secretary of
state shall keep a record of the names of limited partnerships,
and the names and addresses of their respective agents.
(D) If any agent dies, removes from the state, or resigns,
the limited partnership shall forthwith appoint another agent and
file with the secretary of state, on a form prescribed by the
secretary of state, a written appointment of the new agent.
(E) If the agent changes the agent's address from that
appearing upon the record in the office of the secretary of state,
the limited partnership or the agent forthwith shall file with the
secretary of state, on a form prescribed by the secretary of
state, a written statement setting forth the new address.
(F) An agent may resign by filing with the secretary of
state, on a form prescribed by the secretary of state, a written
notice to that effect that is signed by the agent and by sending a
copy of the notice to the limited partnership at its current or
last known address or its principal office on or prior to the date
the notice is filed with the secretary of state. The notice shall
set forth the name of the limited partnership, the name and
current address of the agent, the current or last known address,
including the street and number or other particular description,
of the limited partnership's principal office, the resignation of
the agent, and a statement that a copy of the notice has been sent
to the limited partnership within the time and in the manner
prescribed by this division. Upon the expiration of thirty days
after the filing, the authority of the agent shall terminate.
(G) A limited partnership may revoke the appointment of an
agent by filing with the secretary of state, on a form prescribed
by the secretary of state, a written appointment of another agent
and a statement that the appointment of the former agent is
revoked.
(H) Except when an original appointment of an agent is
filed with the certificate of limited partnership, a written
appointment of an agent or a written statement filed by a limited
partnership with the secretary of state shall be signed by any
authorized officer of the limited partnership, or the general
partners of the limited partnership, or a majority of them.
Sec. 1782.08. (A) To form a limited partnership, a
certificate of limited
partnership shall be executed and filed
with the secretary of state, as
provided in section 1782.13 of the
Revised Code. The certificate shall be on
a form prescribed by
the secretary of state and shall set forth all of the
following:
(1) The name of the limited partnership;
(2) The address of the principal place of business of the
limited partnership
and the name and address, including the street
and number or other particular
description, of the agent for
service of process maintained pursuant to
section 1782.04 of the
Revised Code;
(3) The name and business or residence address of each
general partner;
(4) Any other matters that the general partners determine to
include in the
certificate.
(B)
A written appointment of a statutory agent for the
purpose set forth in section 1782.04 of the Revised Code shall be
filed with the certificate of limited partnership.
(C) A limited partnership is an entity formed at the time of
filing the
certificate of
limited partnership pursuant to section
1782.13 of the Revised Code or at any
later time specified in the
certificate if, in either case, there has been
substantial
compliance with the requirements of
division
divisions (A)
and (B)
of this section.
Sec. 1782.09. (A) A certificate of limited partnership
shall be amended by filing a certificate of amendment with the
secretary of
state. The certificate of amendment shall be on a
form prescribed by the
secretary of state and shall state all of
the following:
(1) The name of the limited partnership and the file number
assigned to it by
the secretary of state;
(2) The date of the first filing of the certificate of
limited
partnership and, if different, the date of the first
filing by the partnership
with the secretary of state pursuant to
section 1782.63 of the Revised Code;
(3) The amendment to the certificate of limited
partnership.
(B) Within thirty days after the occurrence of any of the
following events, an amendment to a certificate of limited
partnership reflecting the occurrence of the event shall be filed
pursuant to division (A) of this section:
(1) A new general partner is admitted;
(2) A general partner withdraws;
(3) The business is continued pursuant to section 1782.44
of
the Revised Code after an event of withdrawal of a general
partner;
(4) The address of the principal place of business of the
limited partnership
changes;
(5)
The name or identity of the statutory agent changes;
(6) The address of the statutory agent changes;
(7) The name of the limited partnership
is changes.
(C) A general partner who becomes aware that any statement
in the certificate of limited partnership was materially false
when made or
that any arrangements or other facts described have
changed,
thereby making the certificate materially inaccurate,
promptly shall amend the
certificate.
If the certificate becomes inaccurate because the
designated
agent changes the agent's address from that appearing
in the
certificate of limited partnership or any subsequent
amendment
thereto, the limited partnership, or the designated
agent on its
behalf, shall file promptly with the secretary of
state, on a form
prescribed by the secretary of state, an
amendment setting forth
the new address.
(D) A certificate of limited partnership may be amended at
any time for any other proper purpose the general partners
determine.
(E) A person is not liable because an amendment to a
certificate of limited partnership has not been filed to reflect
the occurrence of an event referred to in division (B) of this
section if the amendment is filed within the thirty-day period
specified in that division.
(F) A certificate of limited partnership may be restated at
any time by
filing a restatement of the certificate of limited
partnership with the
secretary of state.
Sec. 1782.433. (A) Upon the adoption by each constituent
entity of an agreement of merger or consolidation pursuant to
section 1782.431 or 1782.432 of the Revised Code, a certificate
of
merger or consolidation shall be filed with the secretary of
state
that is signed by an authorized representative of each
constituent
entity. The certificate shall be on a form
prescribed by the
secretary of state and shall set forth only the
information
required by this section.
(B)(1) The certificate of merger or consolidation shall
set
forth all of the following:
(a) The name and the form of entity of each constituent
entity and the state under the laws of which each constituent
entity exists;
(b) A statement that each constituent entity has complied
with all of the laws under which it exists and that the laws
permit the merger or consolidation;
(c) The name and mailing address of the person or entity
that is to provide, in response to any written request made by a
shareholder, partner, or other equity holder of a constituent
entity, a copy of the agreement of merger or consolidation;
(d) The effective date of the merger or consolidation,
which
date may be on or after the date of the filing of the
certificate;
(e) The signature of the representative or representatives
authorized to sign the certificate on behalf of each constituent
entity and the office held or the capacity in which the
representative is acting;
(f) A statement that the agreement of merger or
consolidation is authorized on behalf of each constituent entity
and that the persons who signed the certificate on behalf of each
entity are authorized to do so;
(g) In the case of a merger, a statement that one or more
specified constituent entities will be merged into a specified
surviving entity or, in the case of a consolidation, a statement
that the constituent entities will be consolidated into a new
entity;
(h) In the case of a merger, if the surviving entity is a
foreign entity not licensed to transact business in this state,
the name and address of the statutory agent upon whom any
process,
notice, or demand may be served;
(i) In the case of a consolidation, the name and address
of
the statutory agent upon whom any process, notice, or demand
against any constituent entity or the new entity may be served.
(2) In the case of a consolidation into a new domestic
corporation, limited liability company, or limited partnership,
the articles of incorporation, the articles of
organization, or
the certificate of limited partnership of the
new domestic entity
shall be filed with the certificate of merger or
consolidation.
(3) In the case of a merger into a domestic corporation,
limited liability company, or limited partnership, any amendments
to the
articles of incorporation, articles
of organization, or
certificate of limited partnership of the
surviving domestic
entity shall be filed with the certificate of merger or
consolidation.
(4) If the surviving or new entity is a foreign entity
that
desires to transact business in this state as a foreign
corporation, limited liability company, or limited partnership,
the certificate of merger or consolidation shall be accompanied
by
the information required by division (B)(7), (8), or (9) of
section 1782.432 of the Revised Code.
(5) If a foreign or domestic corporation licensed to
transact business in this state is a constituent entity and the
surviving or new entity resulting from the merger or
consolidation
is not a foreign or domestic corporation that is to
be licensed to
transact business in this state, the certificate
of merger or
consolidation shall be accompanied by the
affidavits, receipts,
certificates, or other evidence required by
division (H) of
section 1701.86 of the Revised Code, with respect
to each domestic
constituent corporation, and by the affidavits,
receipts,
certificates, or other evidence required by division
(C) or (D) of
section 1703.17 of the Revised Code, with respect
to each foreign
constituent corporation licensed to transact
business in this
state.
(C) If any constituent entity in a merger or consolidation
is organized or formed under the laws of a state other than this
state or under any chapter of the Revised Code other than this
chapter, there also shall be filed in the proper office all
documents that are required to be filed in connection with the
merger or consolidation by the laws of that state or by that
chapter.
(D) Upon the filing of a certificate of merger or
consolidation and other filings as described in division (C) of
this section or at any later date that the certificate of merger
or consolidation specifies, the merger or consolidation is
effective.
(E) The secretary of state shall furnish, upon request and
payment of
a
the fee
specified in division (D) of
ten dollars
section 111.16 of the Revised Code, the secretary of state's
certificate setting forth: the name and form of entity of each
constituent
entity and the
states under the laws of which each
constituent entity existed
prior to the merger or consolidation;
the name and the form of
entity of the surviving or new entity and
the state under the
laws of which the surviving entity exists or
the new entity is to
exist; the date of filing of the certificate
of merger or
consolidation with the secretary of state; and the
effective date
of the merger or consolidation. The certificate of
the secretary
of state, or a copy of the certificate of merger or
consolidation
certified by the secretary of state, may be filed
for record in
the office of the recorder of any county in this
state and, if
filed, shall be recorded in the records of deeds for
that county.
For that recording, the county recorder shall charge
and collect
the same fee as in the case of deeds.
Sec. 1785.06. A professional association, within
thirty days
after the thirtieth day of June in each year, shall furnish
a
statement to the secretary of state showing the names and
post-office addresses of all of the shareholders in the
association and
certifying that all of the shareholders are duly
licensed, certificated, or
otherwise legally authorized to render
within this state the same
professional service
for which the
association was organized or, in the case of a combination of
professional services described in division (B) of section 1785.01
of the Revised Code, to render within this state any of the
applicable types of
professional services for which the
association was organized. This
statement shall be made on a form
that the secretary of state shall prescribe,
shall be signed by an
officer of the association, and shall be filed in
the office of
the secretary of state.
If any professional association fails to file the annual
statement within the time required by this section, the
secretary
of
state shall give notice of the failure by certified mail,
return
receipt requested, to the
last known address of the
association or its agent. If the annual statement
is
not filed
within thirty days after the mailing of the
notice, the secretary
of state, upon the expiration of that
period, shall cancel the
association's articles of
incorporation, give notice of the
cancellation to the association by mail sent
to the last known
address
of the association or its agent, and make a notation
of
the cancellation on the records of the secretary of
state.
A professional association whose articles have been
canceled
pursuant to this section may be reinstated by filing an
application for reinstatement and the required
annual statement or
statements and
by paying
a
the reinstatement fee
specified in
division (Q) of
ten
dollars
section 111.16 of the Revised Code.
The rights, privileges, and franchises of a professional
association
whose articles have been reinstated are subject to
section 1701.922 of the
Revised Code. The secretary of state
shall inform the tax
commissioner of all cancellations and
reinstatements under this
section.
Sec. 1901.26. (A) Subject to division (E) of this
section,
costs in a municipal court shall be fixed and taxed as follows:
(1) The municipal court shall require an advance deposit
for
the filing of any new civil action or proceeding when
required by
division (A)(9) of this section, and in all other
cases, by rule,
shall establish a schedule of fees and costs to
be taxed in any
civil or criminal action or proceeding.
(2) The municipal court, by rule, may require an advance
deposit for the filing of any civil action or proceeding and
publication fees as provided in section 2701.09 of the Revised
Code. The court may waive the requirement for advance deposit
upon affidavit or other evidence that a party is unable to
make
the required deposit.
(3) When a jury trial is demanded in any civil action or
proceeding, the party making the demand may be required to make
an
advance deposit as fixed by rule of court, unless, upon
affidavit
or other evidence, the court concludes that the party
is unable to
make the required deposit. If a jury is
called, the fees of a
jury shall be taxed as costs.
(4) In any civil or criminal action or proceeding,
witnesses' fees shall be fixed in accordance with sections
2335.06
and 2335.08 of the Revised Code.
(5) A reasonable charge for driving, towing, carting,
storing, keeping, and preserving motor vehicles and other
personal
property recovered or seized in any proceeding may be
taxed as
part of the costs in a trial of the cause, in an
amount that shall
be fixed by rule of court.
(6) Chattel property seized under any writ or process
issued
by the court shall be preserved pending final disposition
for the
benefit of all persons interested and may be placed in
storage
when necessary or proper for that preservation. The
custodian of
any chattel property so stored shall not be required
to part with
the possession of the property until a reasonable
charge, to be
fixed by the court, is paid.
(7) The municipal court, as it determines, may refund all
deposits and advance payments of fees and costs,
including those
for jurors and summoning jurors, when
they have been paid by the
losing party.
(8) Charges for the publication of legal notices required
by
statute or order of court may be taxed as part of the costs,
as
provided by section 7.13 of the Revised Code.
(B)(1) The municipal court may determine that, for the
efficient
operation of the court, additional funds are necessary
to acquire and pay for
special projects of the court including,
but not limited to, the acquisition
of additional facilities or
the rehabilitation of existing facilities, the
acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of
magistrates, the training and education of judges, acting
judges, and
magistrates, and other related services. Upon that
determination,
the court
by rule may charge a fee, in addition to
all other
court costs, on the filing of each criminal cause, civil
action or proceeding,
or judgment by confession.
If the municipal court offers a special program or service in
cases of a
specific type, the municipal court by rule may assess
an additional charge in
a case of that type, over and above court
costs, to cover the special program
or service. The municipal
court shall adjust the special assessment
periodically,
but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B)
of this section shall
be paid to the county treasurer if the court is a
county-operated
municipal court or to the city treasurer if the court is not a
county-operated municipal court for deposit into either
a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed
upon an order
of the court in an amount no greater than the actual
cost to the court of a
project. If a specific fund is terminated
because of the discontinuance of a
program or service established
under division
(B) of this section, the municipal court may
order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate
violations of the same statute or ordinance, or
subsection of the same statute
or ordinance, unless each charge is
filed on a separate summons, citation, or
complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
(C)
Prior to January 1, 1993, and on and after January 1,
2003, the municipal court shall collect the sum of four dollars
as
additional filing fees in each new civil action or proceeding
for
the charitable public purpose of providing financial
assistance to
legal aid societies that operate within the state. From
January
1, 1993, through December 31, 2002, the
The municipal
court shall
collect in all its divisions except the small claims
division the
sum of fifteen dollars as additional filing fees in
each new civil
action or proceeding for the charitable public
purpose of
providing financial assistance to legal aid societies
that operate
within the state.
From January 1, 1993, through
December 31, 2002,
the
The municipal court shall collect in its small
claims division
the sum of seven dollars as additional filing
fees in each new
civil action or proceeding for the charitable
public purpose of
providing financial assistance to legal aid
societies that operate
within the state. This division does not
apply to any execution
on a judgment, proceeding in aid of
execution, or other
post-judgment proceeding arising out of a
civil action. The
filing fees required to be collected under
this division shall be
in addition to any other court costs
imposed in the action or
proceeding and shall be collected at the
time of the filing of the
action or proceeding. The court shall
not waive the payment of
the additional filing fees in a new
civil action or proceeding
unless the court waives the advanced
payment of all filing fees in
the action or proceeding. All such
moneys shall be transmitted on
the first business day of each
month by the clerk of the court to
the treasurer of state. The
moneys then shall be deposited by the
treasurer of state to the
credit of the legal aid fund established
under section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) In the Cleveland municipal court, reasonable charges
for
investigating titles of real estate to be sold or disposed of
under any writ or process of the court may be taxed as part of
the
costs.
(E) Under the circumstances described in sections 2969.21
to
2969.27 of the Revised Code, the clerk of the municipal court
shall charge
the fees and perform the other duties specified in
those sections.
Sec. 1907.24. (A) Subject to division (C) of this section,
a county court
shall fix and tax fees and costs as follows:
(1) The county court shall require an advance deposit for
the filing of
any new civil action or proceeding when required by
division
(C) of this section and, in all other cases, shall
establish a
schedule of fees and costs to be taxed in any civil or
criminal action or
proceeding.
(2) The county court by rule may require an advance
deposit
for the filing of a civil action or proceeding and publication
fees
as provided in section 2701.09
of the Revised Code. The
court may waive an advance deposit requirement
upon the
presentation of an affidavit or other evidence that
establishes
that a party is unable to make the requisite deposit.
(3) When a party demands a jury trial in a civil action or
proceeding,
the county court may require the party to make an
advance deposit as fixed by
rule of court,
unless the court
concludes, on the basis of an affidavit or other evidence
presented by the party, that the party is unable to make the
requisite
deposit. If a jury is called, the county court shall
tax the fees of a jury
as costs.
(4) In a civil or criminal action or proceeding, the county
court shall
fix the fees of witnesses in accordance with sections
2335.06 and 2335.08 of
the Revised Code.
(5) A county court may tax as part of the costs in a trial
of the cause,
in an amount fixed by rule of court, a reasonable
charge for driving, towing,
carting, storing, keeping,
and
preserving motor vehicles and other personal property recovered or
seized
in a proceeding.
(6) The court shall preserve chattel property seized under a
writ or
process issued by the court pending final disposition for
the benefit of all
interested persons. The court may place the
chattel property in storage when
necessary or proper for its
preservation. The custodian of chattel property
so stored shall
not be required to part with the possession of the property
until
a reasonable charge, to be fixed by the court, is paid.
(7) The county court, as it determines, may refund all
deposits and
advance payments of fees and costs, including those
for jurors and summoning jurors, when they have been paid by
the
losing party.
(8) The court may tax as part of costs charges for the
publication of
legal notices required by statute or order of
court, as provided by section
7.13 of the Revised Code.
(B)(1) The county court may determine that, for the
efficient
operation of the court, additional funds are necessary
to acquire and pay for
special projects of the court including,
but not limited to, the acquisition
of additional facilities or
the rehabilitation of existing facilities, the
acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of
magistrates, the training and education of judges, acting
judges, and
magistrates, and other related services. Upon that
determination,
the court
by rule may charge a fee, in addition to
all other
court costs, on the filing of each criminal cause, civil
action or proceeding,
or judgment by confession.
If the county court offers a special program or service in
cases of a
specific type, the county court by rule may assess an
additional charge in a
case of that type, over and above court
costs, to cover the special program or
service. The county court
shall adjust the special assessment periodically,
but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B)
of this section shall
be paid to the county treasurer for deposit into either
a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed
upon an order
of the court in an amount no greater than the actual
cost to the court of a
project. If a specific fund is terminated
because of the discontinuance of a
program or service established
under division
(B) of this section, the county court may
order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a
single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate
violations of the same statute or ordinance, or
subsection of the same statute
or ordinance, unless each charge is
filed on a separate summons, citation, or
complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
(C) Subject to division (E) of this section,
prior to
January 1, 1993, and on and after January 1,
2003, the county
court shall collect the sum of four dollars as
additional filing
fees in each new civil action or proceeding for
the charitable
public purpose of providing financial assistance
to legal aid
societies that operate within the state. Subject to division
(E)
of this section, from January 1, 1993, through December
31, 2002,
the county court
shall collect in all its divisions except the
small claims
division the sum of fifteen dollars as additional
filing fees in
each new civil action or proceeding for the
charitable public
purpose of providing financial assistance to
legal aid societies
that operate within the state. Subject to
division (E) of
this section, from January 1, 1993, through
December 31, 2002, the county court shall collect in its small
claims division the sum of seven dollars as additional filing
fees
in each new civil action or proceeding for the charitable
public
purpose of providing financial assistance to legal aid
societies
that operate within the state. This division does not
apply to
any execution on a judgment, proceeding in aid of
execution, or
other post-judgment proceeding arising out of a
civil action. The
filing fees required to be collected under
this division shall be
in addition to any other court costs
imposed in the action or
proceeding and shall be collected at the
time of the filing of the
action or proceeding. The court shall
not waive the payment of
the additional filing fees in a new
civil action or proceeding
unless the court waives the advanced
payment of all filing fees in
the action or proceeding. All such
moneys collected during a
month shall be transmitted on or
before the twentieth day of
the
following
month by the clerk of the court to the treasurer of
state. The
moneys then shall be deposited by the treasurer of
state to the
credit of the legal aid fund established under
section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) The county court shall establish by rule a schedule of
fees
for miscellaneous services performed by the county court or
any of its judges
in accordance with law. If judges of the court
of common pleas perform
similar services, the fees prescribed in
the schedule shall not exceed the
fees for those services
prescribed by the court of common pleas.
(E) Under the circumstances described in sections 2969.21
to
2969.27 of the Revised Code, the clerk of the county court shall
charge the
fees and perform the other duties specified in those
sections.
Sec. 2303.201. (A)(1) The court of common pleas of any
county may determine that for the efficient operation of the
court
additional funds are required to computerize the court, to
make
available computerized legal research services, or to do
both.
Upon making a determination that additional funds are
required for
either or both of those purposes, the court shall
authorize and
direct the clerk of the court of common pleas to
charge one
additional fee, not to exceed three dollars, on the
filing of each
cause of action or appeal under divisions (A),
(Q), and (U) of
section 2303.20 of the Revised Code.
(2) All fees collected under division (A)(1) of this
section
shall be paid to the county treasurer. The treasurer
shall place
the funds from the fees in a separate fund to be
disbursed, upon
an order of the court, in an amount not greater
than the actual
cost to the court of procuring and maintaining
computerization of
the court, computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) The court of common pleas of any county may
determine
that, for the efficient operation of the court,
additional funds
are required to computerize the office of the
clerk of the court
of common pleas and, upon that determination,
authorize and direct
the clerk of the court of common pleas to
charge an additional
fee, not to exceed ten dollars, on the
filing of each cause of
action or appeal, on the filing,
docketing, and endorsing of each
certificate of judgment, or on
the docketing and indexing of each
aid in execution or petition
to vacate, revive, or modify a
judgment under divisions (A), (P),
(Q), (T), and (U) of section
2303.20 of the Revised Code.
Subject to division (B)(2) of this
section, all moneys collected
under division (B)(1) of this
section shall be paid to the county
treasurer to be disbursed,
upon an order of the court of common
pleas and subject to
appropriation by the board of county
commissioners, in an amount
no greater than the actual cost to
the court of procuring and
maintaining computer systems for the
office of the clerk of the
court of common pleas.
(2) If the court of common pleas of a county makes the
determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or
more
general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the court of common pleas. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges on and financing costs related to
any general obligation bonds issued pursuant to division (B)(2)
of
this section as they become due. General obligation bonds
issued
pursuant to division (B)(2) of this section are Chapter
133.
securities.
(C)
Prior to January 1, 1993, and on and after January 1,
2003, the court of common pleas shall collect the sum of
four
dollars as additional filing fees in each new civil action or
proceeding for the charitable public purpose of providing
financial assistance to legal aid societies that operate within
the state. From January 1, 1993, through December 31,
2002, the
The
court of common pleas shall collect the sum of fifteen dollars
as
additional filing fees in each new civil action or proceeding
for
the charitable public purpose of providing financial
assistance
to legal aid societies that operate within the state.
This
division does not apply to proceedings concerning annulments,
dissolutions of marriage, divorces, legal separation, spousal
support, marital property or separate property distribution,
support, or other domestic relations matters; to a juvenile
division of a court of common pleas; to a probate division of a
court of common pleas, except that the additional filing fees
shall apply to name change, guardianship, and adoption
proceedings; or to an execution on a judgment, proceeding in aid
of execution, or other post-judgment proceeding arising out of a
civil action. The filing fees required to be collected under
this
division shall be in addition to any other filing fees
imposed in
the action or proceeding and shall be collected at the
time of the
filing of the action or proceeding. The court shall
not waive the
payment of the additional filing fees in a new
civil action or
proceeding unless the court waives the advanced
payment of all
filing fees in the action or proceeding. All such
moneys
collected during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the
treasurer of state. The
moneys then shall be deposited by the
treasurer of state to the
credit of the legal aid fund established
under section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) On and after the thirtieth day after December 9, 1994,
the court of
common pleas shall collect the sum
of thirty-two
dollars as additional filing fees in each new
action or proceeding
for annulment, divorce, or dissolution of
marriage for the purpose
of funding shelters for victims of
domestic violence pursuant to
sections 3113.35 to 3113.39 of the
Revised Code. The filing fees
required to be collected under
this division shall be in addition
to any other filing fees
imposed in the action or proceeding and
shall be collected at the
time of the filing of the action or
proceeding. The court shall
not waive the payment of the
additional filing fees in a new
action or proceeding for
annulment, divorce, or dissolution of
marriage unless the court
waives the advanced payment of all
filing fees in the action or
proceeding. On or before the twentieth day of
each month, all
moneys collected during the immediately preceding month
pursuant
to this division
shall
be deposited by the clerk of the court into
the county treasury
in the special fund used for deposit of
additional marriage
license fees as described in section 3113.34
of the Revised Code.
Upon their deposit into the fund, the moneys
shall be retained
in the fund and expended only as described in
section 3113.34 of
the Revised Code.
(E)(1) The court of common pleas may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire
and pay for special projects of the court, including,
but not limited to, the
acquisition of additional facilities or
the rehabilitation of existing
facilities, the acquisition of
equipment, the hiring and training of staff,
community service
programs, mediation or dispute resolution services, the
employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination,
the court by rule may charge a fee, in addition to
all other court costs, on
the filing of each criminal cause, civil
action or proceeding, or judgment by
confession.
If the court of common pleas offers a special program or
service in cases
of a specific type, the court by rule may assess
an additional charge in a
case of that type, over and above court
costs, to cover the special program or
service. The court shall
adjust the special assessment periodically, but not
retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program.
All moneys collected under division (E) of this section shall
be
paid to the county treasurer for deposit into either a general
special
projects fund or a fund established for a specific special
project. Moneys
from a fund of that nature shall be disbursed
upon an order of the court in an
amount no greater than the actual
cost to the court of a project. If a
specific fund is terminated
because of the discontinuance of a program or
service established
under division (E) of this section, the court may
order that
moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (E) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate violations of the same statute or ordinance, or
subsection of the
same statute or ordinance, unless each charge is
filed on a separate summons,
citation, or complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A) An attorney, concerning a communication made to the
attorney by a client in that relation or the
attorney's advice to
a client, except
that the attorney may testify by express consent
of the client
or, if the client is deceased, by the express
consent of the
surviving spouse or the executor or administrator
of the estate
of the deceased client and except that, if the
client voluntarily
testifies or is deemed by section 2151.421 of
the Revised Code to
have waived any testimonial privilege under
this division, the
attorney may be compelled to testify on the
same subject;
(B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the
physician's or dentist's advice to a
patient, except as
otherwise provided in this division, division (B)(2), and
division
(B)(3) of this section, and except that, if the patient
is deemed
by section 2151.421 of the Revised Code to have waived
any
testimonial privilege under this division, the physician may
be
compelled to testify on the same subject.
The testimonial privilege established under this division
does not
apply, and a physician or dentist may testify or may be
compelled
to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of
the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives
express consent;
(iii) If a medical claim, dental claim, chiropractic
claim,
or optometric claim, as defined in section 2305.11 of the
Revised
Code, an action for wrongful death, any other type of
civil
action, or a claim under Chapter 4123. of the Revised Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative.
(b) In any civil action concerning court-ordered treatment
or services
received by a patient, if the court-ordered treatment
or services were ordered
as part of a case plan journalized under
section 2151.412 of the Revised Code or the
court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under
Chapter 2151. of the Revised Code.
(c) In any criminal action concerning any test or the
results of any test that determines the presence or concentration
of alcohol,
a drug of abuse, or alcohol and a drug of abuse in the
patient's
blood, breath, urine, or other bodily substance at any
time
relevant to the criminal offense in question.
(d) In any criminal action against a physician
or dentist.
In such an action, the testimonial privilege
established under
this division does not prohibit the admission
into evidence, in
accordance with the
Rules of
Evidence, of a patient's
medical or
dental records or other communications between a
patient and the
physician or dentist that are related to the
action and obtained
by subpoena, search warrant, or other lawful
means. A court that
permits or compels a physician or dentist
to testify in such an
action or permits the introduction into
evidence of patient
records or other communications in such an
action shall require
that appropriate measures be taken to
ensure that the
confidentiality of any patient named or
otherwise identified in
the records is maintained. Measures to
ensure confidentiality
that may be taken by the court include
sealing its records or
deleting specific information from its
records.
(2)(a) If any law enforcement officer submits a written
statement to a health
care provider that states that an official
criminal investigation has begun
regarding a specified person or
that a criminal action or proceeding has been
commenced against a
specified person, that requests the provider to supply to
the
officer copies of any records the provider possesses that pertain
to any
test or the results of any test administered to the
specified person to
determine the presence or concentration of
alcohol, a drug of abuse, or alcohol
and a drug of abuse in the
person's blood, breath, or urine at any time
relevant to the
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent
specifically
prohibited by any law of this state or of the United
States, shall supply to
the officer a copy of any of the requested
records the provider possesses. If
the health care provider does
not possess any of the requested records, the
provider shall give
the officer a written statement that indicates that the
provider
does not possess any of the requested records.
(b) If a health care provider possesses any records of the
type described in
division (B)(2)(a) of this section regarding the
person in question at any
time relevant to the criminal offense in
question, in lieu of personally
testifying as to the results of
the test in question, the custodian of the
records may submit a
certified copy of the records, and, upon its submission,
the
certified copy is qualified as authentic evidence and may be
admitted as
evidence in accordance with the Rules of Evidence.
Division (A) of section
2317.422 of the Revised Code does not
apply to any certified copy of records
submitted in accordance
with this division. Nothing in this division shall be
construed
to limit the right of any party to call as a witness the person
who
administered the test to which the records pertain, the person
under whose
supervision the test was administered, the custodian
of the records, the
person who made the records, or the person
under whose supervision the records
were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or
dentist's advice to the
patient in question, that
related causally or historically to
physical or mental injuries
that are relevant to issues in the
medical claim, dental claim,
chiropractic claim, or optometric
claim, action for wrongful
death, other civil action, or claim
under Chapter 4123. of the
Revised Code.
(b) If the testimonial privilege described in division
(B)(1) of this section
does not apply to a physician or dentist as
provided in division
(B)(1)(c) of
this section, the physician or
dentist, in lieu of personally testifying as to
the results of the
test in question, may submit a certified copy of those
results,
and, upon its submission, the certified copy is qualified as
authentic
evidence and may be admitted as evidence in accordance
with the Rules of
Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply
to any certified copy of results
submitted in accordance with this division.
Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person
under whose supervision the test was
administered, the custodian of the
results
of the test, the person
who compiled the results, or the person under whose
supervision
the results were compiled.
(4) The testimonial privilege
described in division (B)(1)
of this section is not waived when a
communication is made by a
physician to a pharmacist or when there
is communication between a
patient and a pharmacist in furtherance
of the physician-patient
relation.
(5)(a) As used in divisions (B)(1) to (4) of this
section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose,
treat, prescribe, or act for a patient. A
"communication" may
include, but is not limited to, any medical
or dental, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section,
"health care
provider"
has
the same meaning as in section 3729.01 of the
Revised Code
means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.
(c) As used in division (B)(5)(b) of this section:
(i)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory health care facility" does not include the
private
office of a physician or dentist, whether the office is
for an
individual or group practice.
(ii)
"Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.
(iv)
"Hospital" has the same meaning as in section 3727.01
of
the Revised Code.
(v)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(vi)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code.
(6) Divisions (B)(1), (2), (3), (4),
and (5) of this section
apply
to doctors of medicine, doctors of osteopathic medicine,
doctors
of podiatry, and dentists.
(7) Nothing in divisions (B)(1) to (6)
of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 or 2305.33 of the
Revised Code
upon physicians who report an employee's use of a
drug of abuse,
or a condition of an employee other than one
involving the use of
a drug of abuse, to the employer of the
employee in accordance
with division (B) of that section. As used
in division
(B)(7) of this section,
"employee,"
"employer," and
"physician" have the same meanings as
in section 2305.33 of the
Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly
ordained,
accredited, or licensed minister of an established and
legally
cognizable church, denomination, or sect, when the member
of
the clergy,
rabbi, priest, or minister remains accountable to
the authority
of that church, denomination, or sect, concerning a
confession
made, or any information confidentially communicated,
to the
member of the clergy, rabbi, priest, or minister for
a
religious counseling purpose in the
member of the clergy's,
rabbi's,
priest's, or minister's professional character;
however,
the member of the clergy, rabbi, priest, or
minister
may testify
by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust;
(D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act
done, in the known presence or hearing of a third person
competent
to be a witness; and such rule is the same if the
marital relation
has ceased to exist;
(E) A person who assigns a claim or interest, concerning
any
matter in respect to which the person would not, if a
party, be
permitted to testify;
(F) A person who, if a party, would be restricted
under
section 2317.03 of the Revised Code, when the
property or thing is
sold or transferred by an executor,
administrator, guardian,
trustee, heir, devisee, or legatee,
shall be restricted in the
same manner in any action or
proceeding concerning the property or
thing.
(G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for
in section 3319.22 of the Revised Code, a person
licensed under
Chapter 4757. of the Revised Code
as a professional clinical
counselor, professional counselor,
social worker, or independent
social worker, or registered under Chapter 4757. of the Revised
Code as a
social work assistant concerning a confidential
communication received from a
client in that relation or
the
person's advice to a client unless any of
the following applies:
(a) The communication or advice indicates clear and
present
danger to the client or other persons. For the purposes
of this
division, cases in which there are indications of present
or past
child abuse or neglect of the client constitute a clear
and
present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on
the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client
or social worker-client relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after
an in-camera inspection that the testimony of the school
guidance
counselor is relevant to that action.
(g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case
plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or
services are necessary or
relevant to dependency, neglect, or abuse or
temporary or
permanent custody proceedings under
chapter
Chapter 2151.
of the
Revised Code.
(2) Nothing in division (G)(1) of this section shall
relieve
a
school guidance counselor or a person licensed or registered
under Chapter
4757. of the Revised Code
from the requirement to
report information concerning
child abuse or neglect under section
2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child
neglect, or dependent child action or proceeding, that is
brought
by or against either parent who takes part in mediation
in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children;
(I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of
the Revised Code or Title II of
the
"Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication
made through a telecommunications
relay service.
Nothing in this
section shall limit the obligation of a
communications assistant
to divulge information or testify when mandated by
federal law or
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or
privilege
granted under federal law or regulation.
(J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the
chiropractor's advice to a patient, except as
otherwise provided in this
division. The testimonial privilege
established under this division does not
apply, and a chiropractor
may testify or may be compelled
to testify, in any civil action,
in accordance with the discovery
provisions of the Rules of Civil
Procedure in
connection with a
civil action, or in connection with
a claim under Chapter 4123.
of the Revised Code, under any of the
following
circumstances:
(a) If the patient or the guardian or other legal
representative of the patient gives express consent.
(b) If the patient is deceased, the spouse of the patient
or
the executor or administrator of the patient's estate
gives
express consent.
(c) If a medical claim, dental claim, chiropractic
claim, or
optometric claim, as defined in section 2305.11 of the
Revised
Code, an action for wrongful death, any other type
of
civil
action, or a claim under Chapter 4123. of the Revised
Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative.
(2) If the testimonial privilege described in division
(J)(1) of this section does not apply as provided in division
(J)(1)(c) of this section, a chiropractor may be
compelled to
testify or to submit to discovery under the Rules of
Civil
Procedure only as to a communication made to the
chiropractor by
the patient in question in that relation, or the
chiropractor's
advice to the
patient in question, that related causally or
historically to
physical or mental injuries that are relevant to
issues in the
medical claim, dental claim, chiropractic claim, or
optometric
claim, action for wrongful death, other civil action,
or claim
under Chapter 4123. of the Revised Code.
(3) The testimonial privilege established under this
division does not
apply, and a chiropractor may testify or be
compelled to testify, in any
criminal action or administrative
proceeding.
(4) As used in this division,
"communication" means
acquiring,
recording, or transmitting any information, in any
manner, concerning
any facts, opinions, or statements necessary to
enable a chiropractor to
diagnosis, treat, or act for a patient.
A
communication may
include, but is not limited to, any
chiropractic, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
Sec. 2317.022. (A) As used in this section,
"health care
provider" has the
same meaning as in section
3729.01
2317.02 of
the Revised Code.
(B) If an official criminal investigation has begun
regarding a person or if
a criminal action or proceeding is
commenced against a person, any law
enforcement officer who wishes
to obtain from any health care provider a copy
of any records the
provider possesses that pertain to any test or the result
of any
test administered to the person to determine the presence or
concentration of alcohol, a drug of abuse, or alcohol and a drug
of abuse in
the person's blood, breath, or urine at any time
relevant to the criminal
offense in question shall submit to the
health care facility a written
statement in the following form:
"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS
To: .................... (insert name of the health care
provider in
question).
I hereby state that an official criminal investigation has
begun regarding, or
a criminal action or proceeding has been
commenced against,
.................... (insert the name of the
person in question), and that I
believe that one or more tests has
been administered to
him
that
person by this health care provider
to determine the presence or
concentration of alcohol, a drug of
abuse, or alcohol and a drug of abuse in
his
that person's blood,
breath,
or urine at a time relevant to the criminal offense in
question. Therefore, I
hereby request that, pursuant to division
(B)(2) of section 2317.02 of the
Revised Code, this health care
provider supply me with copies of any records
the provider
possesses that pertain to any test or the results of any test
administered to the person specified above to determine the
presence or
concentration of
alcohol, a drug of abuse, or alcohol
and a drug of abuse in
his
that
person's blood, breath, or urine
at any time relevant to the criminal
offense in question.
.....................................
.....................................
.....................................
(Officer's employing agency)
.....................................
(Officer's telephone number)
.....................................
.....................................
.....................................
.....................................
(Date written statement submitted)"
(C) A health care provider that receives a written statement
of the type
described in division (B) of this section shall comply
with division (B)(2) of
section 2317.02 of the Revised Code
relative to the written statement.
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or
item of real or personal property that the person or a
dependent
of the person uses as a residence. Division (A)(1)(a)
of this
section does not preclude, affect, or invalidate the
creation
under this chapter of a judgment lien upon the exempted
property
but only delays the enforcement of the lien until the
property is
sold or otherwise transferred by the owner or in
accordance with
other applicable laws to a person or entity other
than the
surviving spouse or surviving minor children of the
judgment
debtor. Every person who is domiciled in this state may
hold
exempt from a judgment lien created pursuant to division
(A)(1)(a)
of this section the person's interest, not to exceed five
thousand
dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed five thousand dollars, in one
parcel or item of real or personal property that the person or a
dependent of the person uses as a residence.
(2) The person's interest, not to exceed one thousand
dollars, in one
motor vehicle;
(3) The person's interest, not to exceed two hundred
dollars
in any particular item, in wearing apparel, beds, and
bedding, and
the person's interest, not to exceed three hundred
dollars in each
item, in one cooking unit and one refrigerator or
other food
preservation unit;
(4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a) of this section
applies only in
bankruptcy proceedings. This exemption may
include the portion
of personal earnings that is not exempt under
division (A)(13) of
this section.
(b) Subject to division (A)(4)(d) of this section, the
person's interest, not to exceed two hundred dollars in any
particular item, in household furnishings, household goods,
appliances, books, animals, crops, musical instruments, firearms,
and hunting and fishing equipment, that are held primarily for
the
personal, family, or household use of the person;
(c) Subject to division (A)(4)(d) of this section, the
person's interest in one or more items of jewelry, not to exceed
four hundred dollars in one item of jewelry and not to exceed two
hundred dollars in every other item of jewelry;
(d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section.
If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division
(A)(4)(b) of this section shall be added to the total
exemption
claimed under division (A)(4)(c) of this section, and
the total
shall not exceed two thousand dollars. If the person
claims an
exemption under division (A)(1) of this section, the
total
exemption claimed under division (A)(4)(b) of this section
shall
be added to the total exemption claimed under division
(A)(4)(c)
of this section, and the total shall not exceed one
thousand five
hundred dollars.
(5) The person's interest, not to exceed an aggregate of
seven hundred fifty dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including
agriculture;
(6)(a) The person's interest in a beneficiary fund set
apart, appropriated, or paid by a benevolent association or
society, as exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or
endowment
insurance or annuities, as exempted by section 3911.10
of the
Revised Code;
(c) The person's interest in a policy of group insurance
or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in
lump-sum
lump
sum payments for dismemberment and other losses insured under
those
policies, as exempted by section 3923.19 of the Revised
Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but
not limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or
rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section
4123.67
of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted
by
section 5107.75 of the Revised Code;
(e)
Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability assistance payments, as exempted by section
5115.07 of the Revised Code.
(10)(a) Except in cases in which the person was convicted
of
or pleaded guilty to a violation of section 2921.41 of the
Revised
Code and in which an order for the withholding of
restitution from
payments was issued under division (C)(2)(b) of
that section or in
cases in which an order for withholding was issued under
section
2907.15 of the Revised Code, and only to the
extent provided
in
the order,
and
except as provided in sections 3105.171, 3105.63,
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right to a pension,
benefit, annuity,
retirement allowance, or accumulated
contributions, the person's
right to a participant account in any
deferred compensation
program offered by the Ohio public
employees deferred compensation
board, a government unit, or a
municipal corporation, or the
person's other accrued or accruing
rights, as exempted by section
145.56, 146.13, 148.09,
742.47,
3307.41, 3309.66, or 5505.22 of
the Revised Code, and
the
person's right to benefits from the Ohio
public safety officers
death benefit
fund;
(b) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of
the Revised Code, the person's
right to receive a payment under
any pension, annuity, or similar
plan or contract, not including
a payment from a stock bonus or
profit-sharing plan or a payment
included in division (A)(6)(b) or
(10)(a) of this section, on
account of illness, disability, death,
age, or length of service,
to the extent reasonably necessary for
the support of the person
and any of the person's dependents,
except if all the following
apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of
service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were
deposited
for the purpose of evading the payment of any debt and
except as
provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right in the assets held
in, or to receive
any payment under, any individual retirement
account,
individual retirement annuity,
"Roth IRA," or education
individual retirement
account that provides
benefits by reason of
illness, disability, death, or age, to the extent
that the assets,
payments, or benefits described in division
(A)(10)(c) of this
section are attributable
to any of the following:
(i) Contributions of the person that were less
than or equal
to the applicable limits on deductible
contributions to an
individual retirement account or individual
retirement annuity in
the year that the contributions were made,
whether or not the
person was eligible to deduct the
contributions on the person's
federal tax return for the year in
which the contributions were
made;
(ii) Contributions of the person that were less
than or
equal to the applicable limits on contributions to a
Roth IRA or
education individual
retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within
the
applicable limits on rollover contributions under
subsections 219,
402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3),
408A(c)(3)(B),
408A(d)(3),
and 530(d)(5) of the
"Internal Revenue Code of 1986,"
100
Stat. 2085, 26
U.S.C.A. 1, as amended.
(d) Except for any portion of the
assets that were deposited
for the purpose of evading the
payment of any debt and except as
provided in sections
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's
right in the assets held
in, or to receive any payment under,
any Keogh or
"H.R. 10" plan
that provides benefits
by reason of illness, disability, death, or
age, to the extent reasonably
necessary for the support of the
person and any of the person's
dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents;
(12) The person's right to receive, or moneys received
during the preceding twelve calendar months from, any of the
following:
(a) An award of reparations under sections 2743.51 to
2743.72 of the Revised Code, to the extent exempted by division
(D) of section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an
inmate, as defined in section 2969.21 of the Revised
Code, and in which the
payment resulted from a civil action or
appeal against a government entity or
employee, as defined in
section 2969.21 of the Revised Code, a payment, not to
exceed five
thousand dollars, on
account of personal bodily injury, not
including pain and
suffering or compensation for actual pecuniary
loss, of the
person or an individual for whom the person is a
dependent;
(d) A payment in compensation for loss of future earnings
of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised
Code, personal
earnings of
the person owed to the
person for services in an
amount equal to the greater of the following
amounts:
(a) If paid weekly, thirty times the current federal
minimum
hourly wage; if paid biweekly, sixty times the current
federal
minimum hourly wage; if paid semimonthly, sixty-five
times the
current federal minimum hourly wage; or if paid
monthly, one
hundred thirty times the current federal minimum
hourly wage that
is in effect at the time the earnings are
payable, as prescribed
by the
"Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed
to
the person.
(14) The person's right in specific partnership property,
as
exempted by division (B)(3) of section 1775.24 of the Revised
Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition credit or a payment
under section
3334.09 of the Revised Code pursuant to a tuition
credit contract, as exempted
by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the
"Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's interest, not to exceed four hundred
dollars, in any property, except that division (A)(18) of this
section applies
only in bankruptcy proceedings.
(B) As used in this section:
(1)
"Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81,
3121.02,
3121.03, or 3123.06 of the
Revised Code.
(a) If the person who claims an exemption is an
individual,
a relative of the individual, a relative of a general
partner of
the individual, a partnership in which the individual
is a general
partner, a general partner of the individual, or a
corporation of
which the individual is a director, officer, or in
control;
(b) If the person who claims an exemption is a
corporation,
a director or officer of the corporation; a person
in control of
the corporation; a partnership in which the
corporation is a
general partner; a general partner of the
corporation; or a
relative of a general partner, director,
officer, or person in
control of the corporation;
(c) If the person who claims an exemption is a
partnership,
a general partner in the partnership; a general
partner of the
partnership; a person in control of the
partnership; a partnership
in which the partnership is a general
partner; or a relative in, a
general partner of, or a person in
control of the partnership;
(d) An entity or person to which or whom any of the
following applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more
of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or
substantially all of the property of the person who claims an
exemption under a lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an
exemption.
(3)
"Participant account" has the same meaning as in
section
148.01 of the Revised Code.
(4)
"Government unit" has the same meaning as in section
148.06 of the Revised Code.
(C) For purposes of this section,
"interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition
is
filed with the bankruptcy court commencing a case under Title
11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of
the date of an appraisal, if necessary under section 2329.68 of
the Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (C)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2715.041. (A) Upon the filing of a motion for an
order
of attachment pursuant to section 2715.03 of the Revised
Code, the
plaintiff shall file with the clerk of the court a
praecipe
instructing the clerk to issue to the defendant against
whom the
motion was filed a notice of the proceeding. Upon
receipt of the
praecipe, the clerk shall issue the notice which
shall be in
substantially the following form:
|
"(Name and Address of Court) |
|
Case No................... |
NOTICEYou are hereby notified that (name and address of
plaintiff),
the plaintiff in this proceeding, has applied to this
court for
the attachment of property in your possession. The
basis for this
application is indicated in the documents that are
enclosed with
this notice.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed on by a
creditor are:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments
under the Ohio works
first
program;
(4)
Benefits and services under the prevention, retention,
and contingency program;
(5) Disability assistance administered by the Ohio
department
of job and family services;
(5)(6) Social security benefits;
(6)(7) Supplemental security income (S.S.I.);
(7)(8) Veteran's benefits;
(8)(9) Black lung benefits;
(9)(10) Certain pensions.
Additionally, your wages never can be taken to pay a debt
until a judgment has been obtained against you. There may be
other benefits not included in this list that apply in your case.
If you dispute the plaintiff's claim and believe that you
are
entitled to retain possession of the property because it is
exempt
or for any other reason, you may request a hearing before
this
court by disputing the claim in the request for hearing form
appearing below, or in a substantially similar form, and
delivering the request for the hearing to this court, at the
office of the clerk of this court, not later than the end of the
fifth business day after you receive this notice. You may state
your reasons for disputing the claim in the space provided on the
form, but you are not required to do so. If you do state your
reasons for disputing the claim in the space provided on the
form,
you are not prohibited from stating any other reasons at
the
hearing, and if you do not state your reasons, it will not be
held
against you by the court and you can state your reasons at
the
hearing.
If you request a hearing, it will be conducted in
................... courtroom ........, (address of court), at
.............m. on ............., .....
You may avoid having a hearing but retain possession of the
property until the entry of final judgment in the action by
filing
with the court, at the office of the clerk of this court,
not
later than the end of the fifth business day after you
receive
this notice, a bond executed by an acceptable surety in
the amount
of $............
If you do not request a hearing or file a bond on or before
the end of the fifth business day after you receive this notice,
the court, without further notice to you, may order a law
enforcement officer or bailiff to take possession of the
property.
Notice of the dates, times, places, and purposes of
any subsequent
hearings and of the date, time, and place of the
trial of the
action will be sent to you.
|
.................................. |
|
Clerk of Court |
|
Date: ..........................." |
(B) Along with the notice required by division (A) of this
section, the clerk of the court also shall deliver to the
defendant, in accordance with division (C) of this section, a
request for hearing form together with a postage-paid,
self-addressed envelope or a request for hearing form on a
postage-paid, self-addressed postcard. The request for hearing
shall be in substantially the following form:
"(Name and Address of Court)
Case Number .................... |
Date ....................... |
REQUEST FOR HEARINGI dispute the claim for the attachment of property in the
above case and request that a hearing in this matter be held at
the time and place set forth in the notice that I previously
received.
I dispute the claim for the following reasons:
................................................................
................................................................
................................................................
|
............................. |
|
(Name of Defendant) |
|
............................
|
|
(Signature) |
|
............................ |
|
(Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY
BE
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."
(C) The notice required by division (A) of this section
shall be served on the defendant in duplicate not less than seven
business days prior to the date on which the hearing is
scheduled,
together with a copy of the complaint and summons, if
not
previously served, and a copy of the motion for the
attachment of
property and the affidavit attached to the motion,
in the same
manner as provided in the Rules of Civil Procedure
for the service
of process. Service may be effected by
publication as provided in
the Rules of Civil Procedure except
that the number of weeks for
publication may be reduced by the
court to the extent appropriate.
Sec. 2715.045. (A) Upon the filing of a motion for
attachment, a court may issue an order of attachment without
issuing notice to the defendant against whom the motion was filed
and without conducting a hearing if the court finds that there is
probable cause to support the motion and that the plaintiff that
filed the motion for attachment will suffer irreparable injury if
the order is delayed until the defendant against whom the motion
has been filed has been given the opportunity for a hearing. The
court's findings shall be based upon the motion and affidavit
filed pursuant to section 2715.03 of the Revised Code and any
other relevant evidence that it may wish to consider.
(B) A finding by the court that the plaintiff will suffer
irreparable injury may be made only if the court finds the
existence of either of the following circumstances:
(1) There is present danger that the property will be
immediately disposed of, concealed, or placed beyond the
jurisdiction of the court.
(2) The value of the property will be impaired
substantially
if the issuance of an order of attachment is
delayed.
(C)(1) Upon the issuance by a court of an order of
attachment without notice and hearing pursuant to this section,
the plaintiff shall file the order with the clerk of the court,
together with a praecipe instructing the clerk to issue to the
defendant against whom the order was issued a copy of the motion,
affidavit, and order of attachment, and a notice that an order of
attachment was issued and that the defendant has a right to a
hearing on the matter. The clerk then immediately shall serve
upon the defendant, in the manner provided by the Rules of Civil
Procedure for service of process, a copy of the complaint and
summons, if not previously served, a copy of the motion,
affidavit, and order of attachment, and the following notice:
"(Name and Address of the Court)
(Case Caption) |
Case No. ........................ |
NOTICEYou are hereby notified that this court has issued an order
in the above case in favor of (name and address of plaintiff),
the
plaintiff in this proceeding, directing that property now in
your
possession, be taken from you. This order was issued on the
basis
of the plaintiff's claim against you as indicated in the
documents
that are enclosed with this notice.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed on by a
creditor are:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments under the Ohio works
first
program;
(4)
Benefits and services under the prevention, retention,
and contingency program;
(5) Disability assistance administered by the Ohio
department of job and family services;
(5)(6) Social security benefits;
(6)(7) Supplemental security income (S.S.I.);
(7)(8) Veteran's benefits;
(8)(9) Black lung benefits;
(9)(10) Certain pensions.
Additionally, your wages never can be taken to pay a debt
until a judgment has been obtained against you. There may be
other benefits not included in this list that apply in your case.
If you dispute the plaintiff's claim and believe that you
are
entitled to possession of the property because it is exempt
or for
any other reason, you may request a hearing before this
court by
disputing the claim in the request for hearing form,
appearing
below, or in a substantially similar form, and
delivering the
request for hearing to this court at the above
address, at the
office of the clerk of this court, no later than
the end of the
fifth business day after you receive this notice.
You may state
your reasons for disputing the claim in the space
provided on the
form; however, you are not required to do so. If
you do state
your reasons for disputing the claim, you are not
prohibited from
stating any other reasons at the hearing, and if
you do not state
your reasons, it will not be held against you by
the court and you
can state your reasons at the hearing. If you
request a hearing,
it will be held within three business days
after delivery of your
request for hearing and notice of the
date, time, and place of the
hearing will be sent to you.
You may avoid a hearing but recover and retain possession
of
the property until the entry of final judgment in the action
by
filing with the court, at the office of the clerk of this
court,
not later than the end of the fifth business day after you
receive
this notice, a bond executed by an acceptable surety in
the amount
of $.........
If you do not request a hearing or file a bond before the
end
of the fifth business day after you receive this notice,
possession of the property will be withheld from you during the
pendency of the action. Notice of the dates, times, places, and
purposes of any subsequent hearings and of the date, time, and
place of the trial of the action will be sent to you.
|
.............................. |
|
Clerk of the Court |
|
.............................. |
|
Date" |
(2) Along with the notice required by division (C)(1) of
this section, the clerk of the court also shall deliver to the
defendant a request for hearing form together with a
postage-paid,
self-addressed envelope or a request for hearing
form on a
postage-paid, self-addressed postcard. The request for
hearing
shall be in substantially the following form:
"(Name and Address of Court)
Case Number ..................... |
Date ........................ |
REQUEST FOR HEARINGI dispute the claim for possession of property in the above
case and request that a hearing in this matter be held within
three business days after delivery of this request to the court.
I dispute the claim for the following reasons:
..................................................................
..................................................................
..................................................................
|
.............................. |
|
(Name of Defendant) |
|
.............................. |
|
(Signature) |
|
.............................. |
|
(Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE
PROPERTY
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE
ACTION."
(D) The defendant may receive a hearing in accordance with
section 2715.043 of the Revised Code by delivering a written
request for hearing to the court within five business days after
receipt of the notice provided pursuant to division (C) of this
section. The request may set forth the defendant's reasons for
disputing the plaintiff's claim for possession of property.
However, neither the defendant's inclusion of nor
failure to
include such reasons upon the request constitutes a waiver of any
defense of the defendant or affects the defendant's right to
produce evidence at any hearing or at the trial of the action.
If
the request is made by the defendant, the court shall schedule
a
hearing within three business days after the request is made,
send
notice to the parties of the date, time, and place of the
hearing,
and hold the hearing accordingly.
(E) If, after hearing, the court finds that there is not
probable cause to support the motion, it shall order that the
property be redelivered to the defendant without the condition of
bond.
Sec. 2716.13. (A) Upon the filing of a proceeding in
garnishment of property, other than personal earnings, under
section 2716.11 of the Revised Code, the court shall cause the
matter to be set for hearing within twelve days after
that filing.
(B) Upon the scheduling of a hearing relative to a
proceeding in garnishment of property, other than personal
earnings, under division (A) of this section, the clerk of the
court immediately shall issue to the garnishee three copies of
the
order of garnishment of property, other than personal
earnings,
and of a written notice that the garnishee answer as provided in
section 2716.21 of the Revised Code and
the garnishee's fee
required by section
2716.12 of the Revised Code. The copies of
the order and of the notice
shall be served
upon
the garnishee in
the same manner as a summons is
served. The copies of the order
and of the notice shall
not be served later than seven
days prior
to the date on which the hearing is scheduled. The
order shall
bind the property, other than personal earnings, of
the judgment
debtor in the possession of the garnishee at the
time of service.
The order of garnishment of property, other than personal
earnings, and notice to answer shall be in substantially the
following form:
"ORDER AND NOTICE OF GARNISHMENTOF PROPERTY OTHER THAN PERSONAL EARNINGS
AND ANSWER OF GARNISHEE
|
Docket No. ................... |
|
Case No. ..................... |
|
In the ................. Court |
|
........................, Ohio |
County of ............, ss
..................., Judgment Creditor
..................., Judgment Debtor
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENTTo: ...................., GarnisheeThe judgment creditor in the above case has filed an
affidavit, satisfactory to the undersigned, in this
Court stating
that you have money, property, or credits, other
than personal
earnings, in your hands or under your control that
belong to the
judgment debtor, and that some of the
money, property, or credits
may not be exempt from
garnishment under the laws of the State of
Ohio or the laws of
the United States.
You are therefore ordered to complete the
"ANSWER OF
GARNISHEE"
in section (B) of this
form. Return one completed and
signed
copy of this form to the clerk of this court together with
the
amount determined in accordance with the
"ANSWER OF GARNISHEE"
by the following
date on which a hearing is tentatively scheduled
relative to
this order of garnishment: ............ Deliver one
completed and signed
copy of this form to the judgment debtor
prior to that date. Keep the
other completed and signed copy of
this form for your files.
The total probable amount now due on this judgment is
$..........
The total probable amount now due
includes the unpaid
portion of the judgment in favor of the
judgment creditor, which
is $..........; interest on that judgment
and, if applicable,
prejudgment interest relative to that
judgment at the rate of
.....% per annum payable until that
judgment is satisfied in full;
and court costs in the amount of
$...........
You also are ordered to hold safely anything of value that
belongs to the judgment debtor and that has to be paid
to the
court, as determined under the
"ANSWER OF GARNISHEE" in
section
(B) of this form, but that
is of such a nature that it cannot be
so delivered, until further
order of the court.
Witness my hand and the seal of this court this ..........
day of .........., ..........
|
......................... |
|
Judge |
SECTION B. ANSWER OF GARNISHEE
Now comes .................... the garnishee, who says:
1. That the garnishee has money, property, or credits, other
than
personal earnings, of the judgment debtor under the
garnishee's control and in the garnishee's possession.
............... |
............... |
................... |
yes |
no |
if yes, amount |
2. That property is described as:
3. If the answer to line 1 is
"yes" and the amount is less
than the probable amount now due
on the judgment, as indicated in
section (A) of
this form,
sign and return this form and pay the
amount of line 1 to the
clerk of this court.
4. If the answer to line 1 is
"yes" and the amount is
greater than that probable amount now due on the judgment, as
indicated in
section (A) of this form, sign and return this
form
and pay that probable amount now due to the clerk of this
court.
5. If the answer to line 1 is
"yes" but the money,
property,
or credits are of such a nature that they cannot be
delivered to
the clerk of the court, indicate that by placing an
"X" in this
space: ...... Do not dispose of that money,
property, or credits
or give them to anyone else until further
order of the court.
6. If the answer to line 1 is
"no," sign and return this
form to the clerk of this court.
I certify that the statements above are true.
|
.............................. |
|
(Print Name of Garnishee) |
|
.............................. |
|
(Print Name and Title of |
|
Person Who Completed Form) |
Signed ...........................................................
(Signature of Person Completing Form)
Dated this .......... day of .........., ....."
Section A of the form described in this division shall be
completed before service. Section B of the form shall
be
completed by the garnishee, and the
garnishee shall file one
completed and signed copy of the form with the
clerk of the court
as the garnishee's
answer. The garnishee may keep one completed
and signed copy of the
form and shall
deliver the other completed
and signed copy of the form to the
judgment debtor.
If several affidavits seeking orders of
garnishment of
property,
other than personal earnings, are filed against the same
judgment
debtor in accordance with section 2716.11 of the Revised
Code,
the court involved shall issue the
requested orders in the
same order in which the
clerk
received the associated affidavits.
(C)(1) At the time of the filing of a proceeding in
garnishment of property, other than personal earnings, under
section 2716.11 of the Revised Code, the judgment creditor also
shall file with the clerk of the court a praecipe instructing the
clerk to issue to the judgment debtor a notice to the judgment
debtor
form and a request for hearing form. Upon receipt
of the
praecipe and the scheduling of
a hearing relative to an action in
garnishment of property, other
than personal earnings, under
division (A) of this section, the
clerk of the court immediately
shall serve upon the judgment
debtor, in accordance with division
(D) of this section, two
copies of the notice to the judgment
debtor form and
of the request for hearing form.
The copies of
the notice to the judgment debtor form and
of the request for
hearing form shall not
be served later than seven days prior to
the date on
which the hearing is scheduled.
(a) The notice to the judgment debtor that must be served
upon the judgment debtor shall be in substantially the following
form:
"(Name and Address of the Court)
(Case Caption) ......................... Case No. .............
NOTICE TO THE JUDGMENT DEBTOR
You are hereby notified that this court has issued an order
in the above case in favor of (name and address of judgment
creditor), the judgment creditor in this proceeding, directing
that some of your money, property, or credits, other than
personal
earnings, now in the possession of (name and address of
garnishee), the garnishee in this proceeding, be used to satisfy
your debt to the judgment creditor. This order was issued on the
basis of the judgment creditor's judgment against you that was
obtained in (name of court) in (case number) on (date). Upon
your
receipt of this notice, you are prohibited from removing or
attempting to remove the money, property, or credits until
expressly permitted by the court. Any violation of this
prohibition subjects you to punishment for contempt of court.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed upon by a
creditor are the following:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments under the Ohio works
first
program;
(4)
Benefits and services under the prevention, retention,
and contingency program;
(5) Disability assistance administered by the Ohio
department
of job and family services;
(5)(6) Social security benefits;
(6)(7) Supplemental security income (S.S.I.);
(7)(8) Veteran's benefits;
(8)(9) Black lung benefits;
(9)(10) Certain pensions.
There may be other benefits not included in the
above list
that apply in your case.
If you dispute the judgment creditor's right to garnish
your
property and believe that the judgment creditor should not be
given your
money, property, or credits, other than personal
earnings, now in the
possession of the garnishee because they are
exempt or
if you feel that this order is improper for any other
reason, you
may request a hearing before this court by disputing
the claim in
the request for hearing form, appearing below, or in
a
substantially similar form, and delivering the request for
hearing to this court at the above address, at the office of the
clerk of this court no later than the end of the fifth business
day after you receive this notice. You may state your reasons
for
disputing the judgment creditor's right to garnish your
property
in the space provided on the form;
however, you are not
required
to do so. If you do state your reasons for disputing
the judgment
creditor's right, you are not prohibited from
stating any other
reason at the hearing. If you
do not state
your reasons, it will
not be held against you by the court, and
you can state your
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT
ITSELF WILL
BE HEARD OR CONSIDERED AT THE HEARING. If
you request a hearing,
the hearing will be limited to a
consideration of the amount of
your money, property, or credits,
other than personal earnings, in
the possession or control of the
garnishee, if any, that can be
used to satisfy all or
part of the judgment you owe to the
judgment creditor.
If you request a hearing by delivering your request for
hearing no later than the end of the fifth business day after you
receive this notice, it will be conducted in .......... courtroom
.........., (address of court), at ..... m. on ..........,
.......... You may request the court to conduct the hearing
before
this date by indicating your request in the space provided
on the
form; the court then will send you notice of any change in
the
date, time, or place of the hearing. If you do not request a
hearing by delivering your request for a hearing no later than the
end of the fifth business day after you receive this notice, some
of your money, property, or credits, other than personal
earnings,
will be paid to the judgment creditor.
If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If
you need the name of a lawyer, contact the local bar association.
|
.............................. |
|
Clerk of the Court |
|
.............................. |
|
Date" |
(b) The request for hearing form that must be served
upon
the judgment debtor shall have attached to it a postage-paid,
self-addressed envelope or shall be on a postage-paid
self-addressed postcard, and shall be in substantially the
following form:
"(Name and Address of Court)
Case Number ........................... Date
....................
REQUEST FOR HEARINGI dispute the judgment creditor's right to garnish my
money,
property, or credits, other than personal earnings, in the
above
case and request that a hearing in this matter be held
..................................................................
(Insert
"on" or
"earlier than")
the date and time set forth in the document entitled
"NOTICE TO
THE JUDGMENT DEBTOR" that I received with this request
form.
I dispute the judgment creditor's right to garnish
my
property for the following reasons:
..................................................................
..................................................................
..................................................................
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL
BE HEARD OR
CONSIDERED AT THE HEARING.
|
.............................. |
|
(Name of Judgment Debtor) |
|
.............................. |
|
(Signature) |
|
.............................. |
|
(Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT
CREDITOR'S
NAME)."
(2) The judgment debtor may receive a hearing in
accordance
with this division by delivering a written request for
hearing to
the court within five business days after receipt of
the notice
provided pursuant to division (C)(1) of this section.
The request
may set forth the judgment debtor's reasons for
disputing the
judgment creditor's right to garnish the money,
property, or
credits, other than personal earnings;
however, neither the
judgment debtor's inclusion of nor failure to include those
reasons upon the request constitutes a waiver of any defense of
the judgment debtor or affects the judgment debtor's right to
produce evidence at the hearing. If the request is made by
the
judgment debtor within the prescribed time, the hearing shall be
limited to a consideration of the amount of money, property, or
credits, other than personal earnings, of the judgment
debtor in
the hands of
the garnishee, if any, that can be used to satisfy
all or part of
the debt owed by the judgment debtor to the
judgment creditor.
If a request for a hearing is not received by
the court within
the prescribed time, the hearing scheduled
pursuant to division
(A) of this section shall be canceled unless
the court grants the
judgment debtor a continuance in accordance
with division (C)(3)
of this section.
(3) If the judgment debtor does not request a hearing in
the
action within the prescribed time pursuant to division (C)(2)
of
this section, the court nevertheless may grant a continuance
of
the scheduled hearing if the judgment debtor, prior to the
time at
which the hearing was scheduled, as indicated on the
notice to the
judgment debtor required by division (C)(1) of this
section,
establishes a reasonable justification for failure
to request the
hearing within the prescribed time. If the court
grants a
continuance of the hearing, it shall cause the
matter to be set
for hearing as soon as practicable thereafter.
The continued
hearing shall be conducted in accordance with
division (C)(2) of
this section.
(4) The court may conduct the hearing on the matter prior
to
the time at which the hearing was scheduled, as indicated on
the
notice to the judgment debtor required by division (C)(1) of
this
section, upon the request of the judgment debtor. The
parties
shall be sent notice, by the clerk of the court, by
regular mail,
of any change in the date, time, or place of the
hearing.
(5) If the scheduled hearing is canceled and no
continuance
is granted, the court shall issue an order to the
garnishee to pay
all or some of the money, property, or credits,
other than
personal earnings, of the judgment debtor in
the possession of the
garnishee at
the time of service of the notice and order into
court if they have not
already been paid to the court. This
order
shall be based on the answer of the garnishee filed
pursuant to
this section. If the scheduled hearing is conducted
or if it is
continued and conducted, the court shall determine at
the hearing
the amount of the money, property, or credits, other
than personal
earnings, of the judgment debtor in the
possession of the
garnishee at the time of service of the notice and order, if any,
that can be
used to satisfy all or part of the
debt owed by the
judgment debtor to the judgment creditor, and
issue an order,
accordingly, to the garnishee to pay that amount
into court if it
has not already been paid to the court.
(D) The notice to the judgment debtor form and
the request
for hearing form described in division (C) of this section shall
be sent by the clerk by ordinary or regular mail service unless
the
judgment creditor requests that service be made in accordance
with the Rules of Civil Procedure, in which case the forms shall
be
served in accordance with the Rules of Civil
Procedure. Any
court of common pleas that issues an order of
garnishment of
property, other than personal earnings, under this
section has
jurisdiction to serve process pursuant to this
section upon a
garnishee who does not reside within the
jurisdiction of the
court. Any county court or municipal court
that issues an order
of garnishment of property, other than
personal earnings, under
this section has jurisdiction to serve
process pursuant to this
section upon a garnishee who does not
reside within the
jurisdiction of the court.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency
assistance
benefits and services;
disability assistance; retirement benefits;
economic development
assistance, as defined in section 9.66 of the Revised
Code; or
other benefits administered by a governmental agency
or paid
out
of a public treasury.
(5) The statement is made with purpose to secure the
issuance by a governmental agency of a license, permit,
authorization, certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of a firearm, as defined in
section 2923.11 of the Revised Code,
and in conjunction
with the furnishing to the seller of the
firearm of a fictitious or altered
driver's or commercial driver's
license or permit, a fictitious or altered
identification card, or
any other document that contains false information
about the
purchaser's identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C) It is no defense to a charge under division (A)(4) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(D) If contradictory statements relating to the same
fact
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(E)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), or (13)
of this section is guilty of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand
dollars, falsification in a theft offense is a
felony of the fifth degree. If
the value of the property or
services stolen is five thousand dollars or more
and is less than
one hundred thousand dollars, falsification in a theft
offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a
theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12)
or (B) of this
section is guilty of falsification to purchase a firearm, a
felony
of the fifth degree.
(F) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2953.21. (A)(1) Any person who has been convicted of a
criminal offense
or adjudicated a delinquent child and who claims
that there was such a denial
or infringement of the person's
rights as to render the judgment void or
voidable under
the Ohio
Constitution or the Constitution of the United States may file a
petition in the court that imposed sentence, stating the grounds
for relief
relied upon, and asking the court to vacate or set
aside the judgment or
sentence or to grant other appropriate
relief. The petitioner may file a
supporting affidavit and other
documentary evidence in support of the claim
for relief.
(2) A petition under division (A)(1) of this section shall
be filed no later
than one hundred eighty days after the date on
which the trial transcript is
filed in the court of appeals in the
direct appeal of the
judgment of conviction or adjudication or, if
the direct appeal involves a
sentence of death, the date on which
the trial transcript is filed in the
supreme court. If no appeal
is taken, the petition shall be filed no later
than one hundred
eighty days after the expiration of the time for filing the
appeal.
(3) In a petition filed under division (A) of this section,
a
person upon whom a sentence of death has been imposed may ask
the court to
render void or voidable the judgment with respect to
the conviction of
aggravated murder or the specification of an
aggravating
circumstance.
(4) A petitioner shall state in the original or amended
petition filed under division (A) of this section all grounds for
relief
claimed by the petitioner. Except as provided in section
2953.23 of the
Revised Code, any ground for relief that is not so
stated in the petition is
waived.
(5) If the petitioner in a petition filed under division (A)
of this section
was convicted of or pleaded guilty to a felony,
the petition
may include a claim that the petitioner was denied
the equal protection
of the laws in violation of the Ohio
Constitution or the
United States Constitution because the
sentence
imposed upon the petitioner for the felony was part of a
consistent pattern of
disparity in sentencing by the judge who
imposed the sentence, with regard to
the petitioner's race,
gender, ethnic background, or religion. If the supreme
court
adopts a rule requiring a court of common pleas to
maintain
information with regard to an offender's race, gender,
ethnic
background, or religion, the supporting evidence for the petition
shall
include, but shall not be limited to, a copy of that type of
information
relative to the petitioner's sentence and copies of
that type of information
relative to sentences that the same judge
imposed upon other persons.
(B) The clerk of the court in which the petition is filed
shall docket the petition and bring it promptly to the attention
of the court. The petitioner need not serve a copy of the
petition on the
prosecuting attorney. The clerk of the court in
which the petition is filed
immediately shall forward a copy
of
the petition to the prosecuting attorney of that county.
(C) The court shall consider a petition that is timely filed
under division
(A)(2) of this section even if a direct appeal of
the judgment is pending.
Before granting a hearing on a petition
filed under division (A) of this
section, the court shall
determine whether there are
substantive grounds for relief. In
making such
a determination, the court shall consider, in addition
to the
petition, the supporting affidavits, and the documentary
evidence, all the
files and records
pertaining to the proceedings
against the petitioner, including,
but not limited to, the
indictment, the court's journal entries,
the journalized records
of the clerk of the court, and the court
reporter's transcript.
The court reporter's transcript, if
ordered and certified by the
court, shall be taxed as court
costs. If the court dismisses the
petition, it shall make and
file findings of fact and conclusions
of law with respect to such
dismissal.
(D) Within ten days after the docketing of the petition,
or
within any further time that the court may fix for good cause
shown, the
prosecuting attorney shall respond by answer or
motion.
Within twenty days from the date the issues are made up,
either
party may move for summary judgment. The right to summary
judgment
shall appear on the face of the record.
(E) Unless the petition and the files and records of the
case show the petitioner is not entitled to relief, the court
shall proceed to a prompt hearing on the issues even if a direct
appeal of the case is pending. If the
court notifies the parties
that it has found grounds for
granting relief, either party may
request an appellate court in which a direct
appeal of the
judgment is pending to remand the
pending case to the court.
(F) At any time before the answer or motion is filed, the
petitioner may amend the petition with or without leave or
prejudice to the proceedings. The petitioner may amend the
petition with leave of court at any time thereafter.
(G) If the court does not find grounds for granting relief,
it shall make and
file findings of fact and conclusions of law and
shall enter judgment denying
relief on the petition. If no direct
appeal of the case is pending and the
court finds grounds for
relief or if a pending direct appeal of the case has
been remanded
to the court pursuant to a request made pursuant to division (E)
of this section and the court finds grounds for granting relief,
it shall make
and file findings of fact and conclusions of law
and
shall enter a judgment that vacates and sets aside the judgment in
question, and, in the case of a petitioner who is a prisoner in
custody, shall discharge or resentence the petitioner or grant
a
new trial as the court determines appropriate. The court also may
make
supplementary orders to the
relief granted, concerning such
matters as rearraignment,
retrial, custody, and bail. If the
trial court's order
granting the petition is reversed on appeal
and if the direct appeal of the
case has been remanded from an
appellate court pursuant to a request under
division (E) of this
section, the appellate court reversing the order granting
the
petition shall
notify the appellate court in which the direct
appeal of the
case was pending at the time of the remand of the
reversal and
remand of the trial court's order. Upon the reversal
and remand
of the trial court's order granting the petition,
regardless of
whether notice is sent or received, the direct
appeal of the
case that was remanded is reinstated.
(H) Upon the filing of a petition pursuant to division (A)
of this section
by a prisoner in a state correctional institution
who has
received the death penalty, the court may stay execution
of the
judgment challenged by the petition.
(I)(1) If a person who has received the death penalty
intends to file a
petition under this section, the court shall
appoint counsel to represent the
person upon a finding that the
person is indigent and that the person either
accepts the
appointment of counsel or is unable to make a competent decision
whether to accept or reject the appointment of counsel. The court
may decline
to appoint counsel for the person only upon a finding,
after a hearing if
necessary, that the person rejects the
appointment of counsel and understands
the legal consequences of
that decision or upon a finding that the person is
not indigent.
(2) The court shall not appoint as counsel under division
(I)(1) of this section an attorney who
represented the petitioner
at trial in the case to which the petition relates
unless the
person and the attorney expressly request the appointment. The
court shall appoint as counsel under division
(I)(1) of this
section only an attorney who is
certified under Rule
65
20 of the
Rules of
Superintendence for
the Courts of
Common Pleas
Ohio to
represent indigent defendants charged with or convicted of an
offense for
which the death penalty can be or has been imposed.
The
ineffectiveness or incompetence of counsel during proceedings
under this
section does not constitute grounds for relief in a
proceeding under this
section, in an appeal of any action under
this section, or in an application
to reopen a direct appeal.
(3) Division (I) of this section does not preclude attorneys
who represent
the state of Ohio from invoking the provisions of 28
U.S.C. 154
with respect to capital cases that were pending in
federal habeas corpus
proceedings prior to the effective date of
this amendment insofar as the
petitioners in those cases were
represented in proceedings under this section
by one or more
counsel appointed by the court under this section or section
120.06, 120.16, 120.26, or 120.33 of the Revised Code and
those
appointed counsel meet the requirements of division (I)(2) of
this
section.
(J) Subject to the appeal of a sentence for a felony that is
authorized by
section 2953.08 of the Revised Code, the remedy set
forth in this section is
the exclusive remedy by which a person
may bring a collateral challenge to the
validity of a conviction
or sentence in a criminal case or to the validity of
an
adjudication of a child as a delinquent child for the commission
of an act
that would be a criminal offense if committed by an
adult or the validity of a
related order of disposition.
Sec. 3109.14. (A) As used in this section,
"birth record"
and
"certification of birth" have the meanings given in section
3705.01 of the Revised Code.
(B)(1) The director of health, a person authorized by the
director, a local commissioner of health, or a local registrar of
vital statistics shall charge and collect
a fee for each certified
copy of a
birth record
and, for each certification of birth
a fee
of two
dollars, and for each copy of a death record
a fee of two
dollars,. Until October 1, 2001, the fee shall be two dollars.
On
and after October 1, 2001, the fee shall be three dollars. The
fee is in addition to the fee imposed by section 3705.24 or any
other section of the Revised Code. A local commissioner of
health
or a local registrar of vital statistics may retain an
amount of
each additional fee collected, not to
exceed
three per cent of the
amount of the additional fee, to be used
for costs directly
related to the collection of the fee and the
forwarding of the fee
to the treasurer of state.
(2) Upon the filing for a divorce decree under section
3105.10
or a decree of dissolution under section 3105.65 of the
Revised
Code, a court of common pleas shall charge and collect a
fee
of
ten dollars. Until October 1, 2001, the fee shall be ten
dollars. On and after October 1, 2001, the fee shall be eleven
dollars. The fee is in addition to any other court costs or fees.
The
county clerk of courts may retain an amount of each additional
fee collected, not to exceed three per cent of
the amount
of the
additional fee, to be used for costs directly related to
the
collection of the fee and the forwarding of the fee to the
treasurer of state.
(C) The additional fees collected, but not retained, under
this
section during each month shall be forwarded not later than
the
tenth day of the immediately following month to the
treasurer
of
state, who shall deposit the fees in the state treasury to the
credit of the children's trust fund, which is hereby created.
A
person or government entity that fails to forward the fees in a
timely manner, as determined by the treasurer of state, shall
forward to
the treasurer of state, in addition to the fees, a
penalty equal to ten per
cent
of the fees.
The treasurer of state shall invest the moneys in the fund,
and all earnings resulting from investment of the fund shall be
credited to the fund, except that actual administrative costs
incurred by the treasurer of state in administering the fund may
be deducted from the earnings resulting from investments. The
amount that may be deducted shall not exceed three per cent of
the
total amount of fees credited to the fund in each fiscal
year,
except that the children's trust fund board may approve an
amount
for actual administrative costs exceeding three per cent
but not
exceeding four per cent of such amount. The balance of
the
investment earnings shall be credited to the fund. Moneys
credited to the fund shall be used only for the purposes
described
in sections 3109.13 to 3109.18 of
the Revised Code.
Sec. 3109.17. (A) For each fiscal biennium, the
children's
trust
fund board shall establish a biennial state plan for
comprehensive child
abuse and child neglect
prevention. The plan
shall be transmitted to the
governor, the president and minority
leader of the senate, and the
speaker and minority leader of the
house of representatives and shall be made available to the
general public.
(B) In developing and carrying out the state plan, the
children's
trust fund board shall, in accordance with Chapter 119.
of the
Revised Code, do all of the following:
(1) Ensure that an opportunity exists for assistance through
child
abuse and child neglect prevention programs to persons
throughout
the state of various social and economic backgrounds;
(2) Before the thirtieth day of October of each year, notify
each
child abuse and child neglect prevention advisory board of
the
amount estimated to be block granted to that advisory board
for
the following fiscal year.
(3) Develop criteria for county or district comprehensive
allocation
plans,
including criteria for determining the plans'
effectiveness;
(4) Review county or district comprehensive allocation
plans;
(5) Make a block grant to each child abuse and child neglect
prevention advisory board for the purpose of funding child abuse
and child
neglect prevention programs. The block grants shall be
allocated among
advisory boards according to a formula based on
the ratio of the
number of children under age eighteen in the
county or multicounty
district to the number of children under age
eighteen in the
state, as shown in the most recent federal
decennial census of
population. Subject to the availability of
funds, each advisory
board shall receive a minimum of ten
thousand
dollars per fiscal year. In the case of an advisory
board that
serves a multicounty district, the advisory board shall
receive,
subject to available funds, a minimum of ten thousand
dollars per
fiscal year for each county in the district.
Block grants shall
be disbursed to the advisory boards twice
annually. At least
fifty per cent of the amount of the block grant
allocated to an
advisory board for a fiscal year shall be disbursed to
the
advisory board not later than the thirtieth day of September.
The
remainder of the block grant allocated to the advisory board for
that
fiscal year shall be disbursed before the
thirty-first day of
March.
If the children's trust fund board determines, based on
county or district
performance or on the annual report submitted
by an advisory board, that the
advisory board is not operating in
accordance with the
criteria established in division (B)(3) of
this section, it may
revise the allocation of funds that the
advisory board receives.
(6) Provide
for the monitoring of expenditures
from the
children's trust fund and of programs that receive money from the
children's trust fund;
(7) Establish reporting requirements for
advisory boards;
(8) Collaborate with appropriate
persons and government
entities and facilitate
the exchange of information among those
persons
and entities for the purpose of child abuse and child
neglect prevention;
(9) Provide for the education of the public
and
professionals for
the purpose of child abuse and child neglect
prevention.
(C) The children's trust fund board shall prepare a report
for
each fiscal biennium that evaluates the expenditure of money
from the
children's trust fund. On or before January 1, 2002, and
on or before
the first day of January of a year that follows the
end of a fiscal
biennium of this state, the board shall file a
copy of the report with the
governor, the president and minority
leader of the senate, and the speaker and
minority leader of the
house of representatives.
(D) In addition to the duties described in this section and
in section 3109.16
of the Revised Code, the children's trust fund
board shall perform the duties described in section 121.371 of the
Revised Code with regard to the wellness block grant
program.
Sec. 3119.022. When a court or child support enforcement
agency
calculates the amount of child support to
be paid pursuant
to a child support order
in a proceeding in which one parent is
the
residential parent and legal custodian of all of the children
who
are the subject of the child support order or in which the
court issues a
shared parenting order, the court or
agency shall
use a worksheet identical in content and
form to the following:
CHILD SUPPORT COMPUTATION WORKSHEETSOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDERName of parties ................................................
Case No. .......................................................
Number of minor children .......................................
The following parent was designated as residential parent and
legal
custodian: ...... mother ...... father ...... shared
|
|
Column I |
|
Column II |
|
Column III |
|
|
Father |
|
Mother |
|
Combined |
INCOME |
|
|
|
|
|
1.a. |
Annual gross income from |
|
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|
|
|
|
employment or, when |
|
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|
|
|
|
determined appropriate |
|
|
|
|
|
|
by the court or agency, |
|
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|
|
|
|
average annual gross income |
|
|
|
|
|
|
from employment over a |
|
|
|
|
|
|
reasonable period of years. |
|
|
|
|
|
|
(Exclude overtime, bonuses, |
|
|
|
|
|
|
self-employment income, or |
|
|
|
|
|
|
commissions)............... |
$...... |
|
$...... |
|
|
b. |
Amount of overtime, |
|
|
|
|
|
|
bonuses, and commissions |
|
|
|
|
|
|
(year 1 representing the |
|
|
|
|
|
|
most recent year) |
|
|
|
|
|
Father |
|
Mother |
Yr. 3 $.......... |
|
Yr. 3 $.......... |
(Three years ago) |
|
(Three years ago) |
Yr. 2 $.......... |
|
Yr. 2 $.......... |
(Two years ago) |
|
(Two years ago) |
Yr. 1 $.......... |
|
Yr. 1 $.......... |
(Last calendar year) |
|
(Last calendar year) |
Average $......... |
|
Average $......... |
|
(Include in Col. I and/or |
|
|
|
|
|
|
Col. II the average of the |
|
|
|
|
|
|
three years or the year 1 |
|
|
|
|
|
|
amount, whichever is less, |
|
|
|
|
|
|
if there exists a reasonable |
|
|
|
|
|
|
expectation that the total |
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|
|
|
|
earnings from overtime and/or |
|
|
|
|
|
|
bonuses during the current |
|
|
|
|
|
|
calendar year will meet or |
|
|
|
|
|
|
exceed the amount that is |
|
|
|
|
|
|
the lower of the average |
|
|
|
|
|
|
of the three years or the |
|
|
|
|
|
|
year 1 amount. If, however, |
|
|
|
|
|
|
there exists a reasonable |
|
|
|
|
|
|
expectation that the total |
|
|
|
|
|
|
earnings from overtime/ |
|
|
|
|
|
|
bonuses during the current |
|
|
|
|
|
|
calendar year will be less |
|
|
|
|
|
|
than the lower of the average |
|
|
|
|
|
|
of the 3 years or the year 1 |
|
|
|
|
|
|
amount, include only the |
|
|
|
|
|
|
amount reasonably expected |
|
|
|
|
|
|
to be earned this year.)... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
2. |
For self-employment income: |
|
|
|
|
|
a. |
Gross receipts from |
|
|
|
|
|
|
business................... |
$...... |
|
$...... |
|
|
b. |
Ordinary and necessary |
|
|
|
|
|
|
business expenses.......... |
$...... |
|
$...... |
|
|
c. |
5.6% of adjusted gross |
|
|
|
|
|
|
income or the actual |
|
|
|
|
|
|
marginal difference between |
|
|
|
|
|
|
the actual rate paid by the |
|
|
|
|
|
|
self-employed individual |
|
|
|
|
|
|
and the F.I.C.A. rate ..... |
$...... |
|
$...... |
|
|
d. |
Adjusted gross income from |
|
|
|
|
|
|
self-employment (subtract |
|
|
|
|
|
|
the sum of 2b and 2c from |
|
|
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|
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|
2a)........................ |
$...... |
|
$...... |
|
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|
|
|
|
|
|
|
3. |
Annual income from interest |
|
|
|
|
|
|
and dividends (whether or |
|
|
|
|
|
|
not taxable )............... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
4. |
Annual income from
|
|
|
|
|
|
|
unemployment compensation... |
$...... |
|
$...... |
|
|
|
|
|
|
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|
5. |
Annual income from workers' |
|
|
|
|
|
|
compensation, disability |
|
|
|
|
|
|
insurance benefits, or social |
|
|
|
|
|
|
security disability/ |
|
|
|
|
|
|
retirement benefits........ |
$...... |
|
$...... |
|
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|
|
|
|
|
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|
6. |
Other annual income |
|
|
|
|
|
|
(identify)................. |
$...... |
|
$...... |
|
|
|
|
|
|
|
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|
7. |
Total annual gross income |
|
|
|
|
|
|
(add lines 1a, 1b, 2d, and |
|
|
|
|
|
|
3-6)....................... |
$...... |
|
$...... |
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|
|
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|
ADJUSTMENTS TO INCOME |
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8. |
Adjustment for minor children |
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|
born to or adopted by either |
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parent and another parent who |
|
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|
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are living with this parent; |
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|
adjustment does not apply |
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to stepchildren (number of |
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|
children times federal income |
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tax exemption less child
|
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support received, not to |
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exceed the federal tax |
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exemption)................. |
$...... |
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$...... |
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9. |
Annual court-ordered support |
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paid for other children.... |
$...... |
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$...... |
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10. |
Annual court-ordered spousal |
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support paid to any spouse |
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or former spouse........... |
$...... |
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$...... |
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11. |
Amount of local income taxes |
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actually paid or estimated |
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to be paid................. |
$...... |
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$...... |
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12. |
Mandatory work-related |
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deductions such as union |
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dues, uniform fees, etc. |
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(not including taxes, social |
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security, or retirement)... |
$...... |
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$...... |
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13. |
Total gross income
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adjustments (add lines
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8 through 12).............. |
$...... |
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$...... |
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14. |
Adjusted annual gross |
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income (subtract line 13 |
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from line 7)................ |
$...... |
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$...... |
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15. |
Combined annual income that |
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is basis for child support |
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order (add line 14, Col. I |
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and Col. II)................ |
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$...... |
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16. |
Percentage of parent's |
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income to total income |
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a. |
Father (divide line 14, |
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Col. I, by line 15, Col. |
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III).......................% |
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b. |
Mother (divide line 14, |
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Col. II, by line 15, Col. |
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III).......................% |
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17. |
Basic combined child
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support obligation (refer |
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to schedule, first column, |
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locate the amount nearest |
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to the amount on line 15, |
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Col. III, then refer to |
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column for number of |
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children in this family. |
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If the income of the |
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parents is more than one |
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sum but less than another, |
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you may calculate the |
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difference.)............... |
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$...... |
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18. |
Annual support obligation per parent |
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a. |
Father (multiply line 17, |
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Col. III, by line 16a)..... |
$...... |
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b. |
Mother (multiply line 17, |
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Col. III, by line 16b)..... |
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$...... |
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19. |
Annual child care expenses |
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for children who are the |
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subject of this order that |
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are work-, employment |
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training-, or education- |
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related, as approved by |
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the court or agency |
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(deduct tax credit from |
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annual cost, whether or |
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not claimed).............. |
$...... |
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$...... |
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20. |
Marginal, out-of-pocket |
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costs, necessary to provide |
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for health insurance for |
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the children who are the |
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subject of this order...... |
$...... |
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$...... |
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21. |
ADJUSTMENTS TO CHILD SUPPORT |
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Father (only if obligor |
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Mother (only if obligor |
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or shared parenting) |
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or shared parenting) |
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a. |
Additions: line 16a |
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b. |
Additions: line 16b |
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times sum of amounts |
|
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times sum of amounts |
|
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shown on line 19, Col. II |
|
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shown on line 19, Col. I |
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and line 20, Col. II |
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and line 20, Col. I |
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$...................... |
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$...................... |
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c. |
Subtractions: line 16b |
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d. |
Subtractions: line 16a |
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times sum of amounts |
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times sum of amounts |
|
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shown on line 19, Col. I |
|
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shown on line 19, Col. II |
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and line 20, Col. I |
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and line 20, Col. II |
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$....................... |
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$....................... |
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22. |
OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT: |
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a. |
Father: line 18a plus
or minus the difference between line |
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21a minus line 21c
(if the |
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amount on line 21c is |
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greater than or equal to |
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the amount on line 21a or |
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if 21a and 21c are not |
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applicable--enter the
|
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number on line 18a in |
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Col. I).................... |
$...... |
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b. |
Mother: line 18b plus
or minus the difference between line |
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21b minus line 21d
(if the |
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amount on line 21d is |
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greater than or equal to |
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the amount on line 21b or |
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if 21b and 21d are not |
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applicable--enter the |
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number on line 18b in |
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Col. II).................... |
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$...... |
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23. |
ACTUAL ANNUAL OBLIGATION: |
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a. |
(Line 22a or
22b, whichever |
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line corresponds to the |
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parent who is the obligor). |
$...... |
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b. |
Any non-means-tested |
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benefits, including social |
|
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security and veterans' |
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benefits, paid to and |
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received by a child or a |
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person on behalf of the |
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child due to death, |
|
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disability, or retirement |
|
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of the parent............... |
$...... |
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c. |
Actual annual obligation |
|
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(subtract line 23b from |
|
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line 23a)................... |
$...... |
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24.a. |
Deviation from sole residential parent support amount shown
|
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on line 23c if amount would be unjust or inappropriate: (see |
|
section 3119.23 of the Revised Code.) (Specific facts and |
|
monetary value must be stated.) |
|
........................................................... |
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........................................................... |
|
........................................................... |
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........................................................... |
b. |
Deviation from shared parenting order: (see sections 3119.23 |
|
and 3119.24 of the Revised Code.) (Specific facts including |
|
amount of time children spend with each parent, ability of |
|
each parent to maintain adequate housing for children, and
|
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each parent's expenses for children must be stated to justify |
|
deviation.) |
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........................................................... |
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........................................................... |
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........................................................... |
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........................................................... |
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25. |
FINAL FIGURE (This amount |
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|
reflects final annual child |
|
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support obligation; line |
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23c plus or minus any |
|
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amounts indicated in line |
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24a or 24b .............. |
$...... |
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Father/Mother, OBLIGOR |
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26. |
FOR DECREE: Child support |
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per month (divide obligor's |
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annual share, line 25, by |
|
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12) plus any processing |
|
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charge.................... |
$...... |
|
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Prepared by: |
|
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Counsel: .................... |
|
Pro se: ................. |
(For mother/father) |
|
|
CSEA: ....................... |
|
Other: .................. |
Worksheet Has Been Reviewed and Agreed To:
........................... |
|
........................... |
Mother |
|
Date |
........................... |
|
........................... |
Father |
|
Date |
Sec. 3301.075. The state board of education shall adopt
rules governing the
purchasing and leasing of data processing
services and equipment for all
local, exempted village, city, and
joint vocational school
districts and all educational service
centers.
Such rules shall include provisions for the
establishment of an Ohio
education
computer network under
procedures, guidelines, and specifications of the
department of
education.
The department shall administer funds appropriated for
the
Ohio education
computer network to ensure its efficient and
economical operation and shall
approve no more than twenty-seven
data acquisition sites to operate
concurrently. Such sites shall
be approved for funding in accordance with
rules of the state
board adopted under this section
that shall provide for the
superintendent of public instruction to require
the membership of
each data
acquisition site to be composed of combinations of
school districts and
educational service centers
from
contiguous
counties having sufficient students to support an efficient,
economical comprehensive program of computer services to member
districts and
educational service centers.
Each data acquisition
site, other than sites organized under Chapter 167. of
the Revised
Code prior to the effective date of this section, shall be
organized in accordance with section 3313.92
or Chapter 167. of
the Revised Code.
The department of education may contract with an independent
for profit or
nonprofit
entity to provide current and historical
information on Ohio
government through the Ohio education computer
network to school
district libraries operating in accordance with
section 3375.14
of the Revised Code in order
to assist school
teachers in social studies course instruction and support
student
research projects. Any such contract shall be awarded in
accordance
with Chapter 125. of the Revised Code.
Sec. 3301.70. (A) The state board of education is the
designated state agency responsible for the coordination and
administration of sections 110 to 118 of the
"National and
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.
12401 to 12431,
and amendments thereto
as amended. With the
assistance of
the
state
Ohio community service
advisory committee
council created in section
121.40 of the Revised Code, the state
board shall coordinate with
other state agencies to apply for
funding under the act when
appropriate.
(B) With the assistance of the
state
Ohio community service
advisory committee
council, the state board of education shall
develop a
plan to assist school districts in the implementation of
section
3313.605 of the Revised Code and other community service
activities of school districts. The state board shall encourage
the development of school district programs meeting the
requirements for funding under the
"National and Community
Service
Act of 1990." The plan shall include the investigation
of funding
from all available sources for school community
service education
programs, including funds available under the
"National and
Community Service Act of 1990," and the provision
of technical
assistance to school districts for the
implementation of community
service education programs. The plan
shall also provide for
technical assistance to be given to school
boards to assist in
obtaining funds for community service
education programs from any
source.
(C) With the assistance of the
state
Ohio community service
advisory committee
council, the state board of education shall do
all of
the following:
(1) Disseminate information about school district
community
service education programs to other school districts
and to
statewide organizations involved with or promoting
volunteerism;
(2) Recruit additional school districts to develop
community
service education programs;
(3) Identify or develop model community service programs,
teacher training courses, and community service curricula and
teaching materials for possible use by school districts in their
programs.
Sec. 3301.80. (A) There is hereby created the Ohio
SchoolNet commission
as an independent agency. The commission
shall administer
programs to provide financial and other
assistance to school districts
and other educational institutions
for the acquisition and utilization
of educational technology.
The commission is a body corporate and politic, an agency of
the
state performing essential governmental functions of the
state.
(B)(1) The commission shall consist
of eleven members, seven
of
whom are voting members. Of the
voting members, one shall be
appointed by the speaker of
the house of representatives and one
shall be appointed by the president of
the senate. The members
appointed by the speaker of the house and the
president of the
senate shall not be members of the general assembly. The
state
superintendent of public instruction or a designee of the
superintendent, the director of budget and management
or a
designee of the director, the
director of administrative services
or a designee of the
director, the chairperson of the public
utilities commission or a designee of
the chairperson, and the
director of the Ohio educational telecommunications
network
commission or a designee of the director shall serve on the
commission
as ex officio voting members. Of the nonvoting
members, two shall be members
of the house of representatives
appointed by the speaker of the house and two
shall be members of
the senate appointed by the
president of the senate. The members
appointed from each house shall not be
members of the same
political party.
The superintendent of public instruction or the
superintendent's designee shall be the chairperson of the
commission.
(2) The members shall serve without compensation. The
voting
members appointed by the speaker of the house of
representatives and the
president of the senate shall be
reimbursed, pursuant to
office of budget and management
guidelines, for necessary expenses
incurred in the performance of
official duties.
(3) The terms of office for the members appointed by the
speaker of
the house and
the president of the senate shall be for
two
years, with each term ending on the same day of the same
month
as did the term that it succeeds. The members appointed by the
speaker of the house and the president of the senate may be
reappointed.
Any member appointed from the house of
representatives or senate who ceases to
be a member of the
legislative house from which the member was appointed shall
cease
to be a member of the commission. Vacancies
among appointed
members
shall be filled in the manner provided for original
appointments. Any member
appointed to fill a vacancy occurring
prior to the expiration date of the term
for which a predecessor
was appointed shall hold office as a member for the
remainder of
that term. The members appointed by the
speaker of the house and
the president of the senate
shall continue in office subsequent to
the expiration date of that member's
term until a successor takes
office or until a period of sixty days has
elapsed, whichever
occurs first.
(C)(1) The commission shall be under the
supervision of an
executive director who
shall be appointed by the commission.
The
executive director shall
serve at the pleasure of the commission
and shall
direct commission employees in the
administration of all
programs for the provision of financial and other
assistance to
school districts and other educational institutions for the
acquisition and utilization of educational technology.
(2) The employees of the Ohio SchoolNet commission shall be
placed in the unclassified service. The commission shall fix the
compensation
of the executive director. The executive director
shall employ and fix the
compensation for such employees as
necessary
to facilitate the activities and purposes of the
commission. The
employees shall serve at the pleasure of the
executive director.
(3) The employees of the Ohio SchoolNet
commission shall be
exempt
from Chapter 4117. of the Revised Code and shall
not be
public employees as defined in section 4117.01 of the Revised
Code.
(D) The Ohio SchoolNet commission shall do all of the
following:
(1) Make grants to institutions and other organizations as
prescribed by the
general assembly for the provision of technical
assistance, professional
development, and other support services
to enable school districts,
community schools established under
Chapter 3314. of the Revised Code,
and other
educational
institutions to utilize educational technology;
(2) Contract with the department of education, state
institutions of
higher education, private nonprofit institutions
of higher education holding
certificates of authorization under
section 1713.02 of the Revised Code, and
such other public or
private entities as the
executive director
deems necessary for the
administration and implementation
of the
programs under the
commission's jurisdiction;
(3) Establish a reporting system to which school districts,
community schools established under Chapter 3314. of the Revised
Code,
and other
educational institutions receiving financial
assistance pursuant to this
section for the acquisition of
educational technology report information as to
the manner in
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being
utilized, the
results or outcome of this utilization, and other
information as may be
required by the commission;
(4) Establish necessary guidelines governing purchasing and
procurement by
participants in programs administered by the
commission
that facilitate the timely
and effective implementation
of such programs;
(5) Take into consideration the efficiency and cost
savings
of
statewide procurement prior to allocating and releasing funds
for any programs
under its administration.
(E)(1) The executive director shall
implement policies and
directives issued by the Ohio SchoolNet commission.
(2) The Ohio SchoolNet commission may establish a
systems
support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides
assistance.
(3) Chapters 123., 124., 125., and 153., and sections 9.331,
9.332,
and 9.333 of the Revised Code do not apply to contracts,
programs, projects,
or activities of the Ohio SchoolNet
commission.
Sec. 3301.85.
(A) The OhioReads
office is hereby
established within the department of education.
The office shall
be under the supervision of an executive
director
administrator,
who shall be appointed by the superintendent of public
instruction,
with the advice and consent of the
OhioReads
council.
The executive
director
administrator shall serve at the pleasure
of
and report to the superintendent, but shall discharge the
position according
to guidelines issued by the council and shall
perform any task designated by
the council. The executive
director
administrator shall devote full
time to the duties of
that position and shall hold no other position within
the
department.
The superintendent may hire additional staff for
the
office
and shall fix the compensation of such employees as
necessary to facilitate the activities and purposes of the office.
All such employee positions shall be administrative staff
positions, and all persons employed in those positions shall serve
at the pleasure of the superintendent and shall not be subject to
the provisions of Chapter 4117. of the Revised Code. The
department shall provide the executive
director
administrator and
any
additional staff hired by the superintendent with offices
within the
department's office space.
(B) Any employee of the OhioReads office who is a member of
a bargaining unit on the effective date of this amendment shall
retain that status. However, when any position encumbered by such
employee is vacated for any reason, the position shall cease to be
subject to any provision of Chapter 4117. of the Revised Code, and
any person hired to fill such position after the effective date of
this amendment shall be hired in accordance with division (A) of
this section as that division exists after the effective date of
this amendment.
Sec. 3302.041. (A) Each school district that in 1999 was
declared to be in a state of academic emergency, under an academic
watch, or in need of continuous improvement under section 3302.03
of the Revised Code and that is projected to receive any parity
aid payments under section 3317.0217 of the Revised Code for
either of the two fiscal years beginning July 1, 2001, or July 1,
2002, shall amend its continuous improvement plan required under
section 3302.04 of the Revised Code to include a budget for
expending the parity aid for either of those two fiscal years that
the district is projected to receive such aid. For each year
included in the budget, the district shall allocate the full
amount of projected parity aid among one or more of the following:
(1) Upgrading, or purchasing additional classroom equipment,
materials, textbooks, or technology;
(2) Lowering the teacher/student ratios in additional
classrooms;
(3) Providing additional advanced curriculum opportunities;
(4) Providing additional electives or required courses for
graduation;
(5) Increasing the number of days of professional
development;
(6) Providing all-day kindergarten to more students;
(7) Providing preschool to more students;
(8) Providing additional programming and services for
special student populations such as gifted, disadvantaged, or
disabled students;
(9) Providing new programs or increasing the number of
students served by existing programs to prevent academic failure
or to intervene in the case of students in danger of academic
failure, such as tutoring or summer school programs.
(B) For each expenditure of parity aid allocated in the
budget under division (A) of this section, the district's amended
continuous improvement plan shall describe:
(1) How the expenditure will result in new programs or
opportunities, or an expanded availability of programs or
opportunities to more students, and will not simply fund existing
programs with parity aid instead of general revenue fund moneys or
other district income.
(2) How the proposed expenditure is expected to enhance the
district's continuous improvement plan, improve the district's
academic success, and promote the district's achievement of the
standard unit of improvement required by the department of
education under rules adopted pursuant to section 3302.04 of the
Revised Code.
(C) A copy of each amended continuous improvement plan
required to contain a budget under this section shall be submitted
to the department by September 1, 2001. The department, beginning
July 1, 2002, shall assess
a random sampling of the districts in
each of fiscal years 2003 and 2004 to
determine whether the
district did in fact make the expenditures
included in its
proposed parity aid budget during the preceding
fiscal year.
(D) If in either year, the department finds that a district
did not spend its preceding year's parity aid funds in the manner
specified in the budget for that year, it shall notify the state
board of education of its findings and shall subtract the amount
of any parity aid funds not spent in the manner specified in the
budget from any parity aid otherwise due to the district under
section 3317.0217 of the Revised Code in the current fiscal
year.
If payments are reduced to any district under this division,
the
department shall continue to assess the expenditures of such
district in each ensuing year and shall continue to make
deductions in accordance with this section until such year as the
district is found to be in compliance with this section.
(E) Whenever the department reexamines the status of school
districts under division (A) of section 3302.03 of the Revised
Code, it shall require all districts expected to receive parity
aid payments and determined either to need continuous improvement,
be under an academic watch, or be in a state of academic emergency
to submit their three-year continuous improvement plans to the
department and to include as an integral part of such plans,
budgets meeting the requirements of divisions (A) and (B) of this
section. The department shall annually assess a random sampling of
all
such districts and withhold parity aid payments from
noncomplying
districts in the same manner as required under
divisions (C)
and
(D) of this section.
(F) At any time, for good cause and with the approval of the
department, a school district may amend a budget adopted under
this section. Any such amendment, however, shall provide that any
parity aid payments the district proposes not to spend on one of
the items listed in division (A) of this section are instead
reallocated to other items listed in such division.
(G) The superintendent of public instruction may authorize a
school district to spend
parity aid payments for a purpose not
listed in division (A) of
this section upon request of the
district if the superintendent considers it appropriate.
Sec. 3303.01. Except when utilized in Chapter 3311. of the
Revised Code, whenever the term vocational education occurs
anywhere in the Revised Code, it shall be deemed to refer to
career-technical education, except that joint vocational school
districts shall continue to be styled as and shall maintain their
legal existence as either joint vocational school districts or
vocational school districts pursuant to section 3311.01.
Sec. 3305.061. Notwithstanding section 171.07 and division
(D) of section 3305.06 of the Revised Code, the percentage of an
electing employee's compensation contributed by a public
institution of higher education under division (D) of section
3305.06 of the Revised Code shall not exceed the percentage of
compensation transferred under section 145.87, 3307.84, or 3309.88
of the Revised Code, as appropriate, by the state retirement
system that otherwise applies to the electing employee's position.
A change in the percentage of compensation contributed under
division (D) of section 3305.06 of the Revised Code, as required
by this section, shall take effect on the same day a change in the
percentage of compensation takes effect under section 145.87,
3307.84, or 3309.88 of the Revised Code, as appropriate.
Sec. 3307.05. The state teachers retirement board shall
consist of the
following nine members:
(A) The superintendent of public instruction;
(B) The auditor of state;
(C) The attorney general;
(D) Five members, known as teacher members, who shall be
members of the state
teachers retirement system;
(E) A former member of the system, known as the retired
teacher member, who
shall be a superannuate
and who is not
otherwise employed in a position requiring the retired teacher
member to make contributions to the system.
Sec. 3311.057. (A) Any educational
service center that is
formed by merging two or more
educational service centers or
former county school districts
after July 1, 1995, but prior to
July 1,
1999
2003, may determine the
number of members of its
governing
board
of
education and whether the
members are to be
elected at
large or by
subdistrict, provided
each board shall have
an odd
number of
members.
(B) If an educational
service center described in division
(A) of this section is formed on or
after the effective date of
this section, the
governing board
of education
of each service
center that
is merging to form the new service
center shall
include identical
provisions for electing the new
service center's
governing board in its
resolution adopted pursuant to
division (A)
of section
3311.053 of
the Revised Code. If there is any
transition period between the
effective date of the merger of
the
service centers and the
assumption of control of the new
service
center by the new board,
the resolutions shall include
provisions
for an interim governing
board which shall be
appointed to govern
the service center until
the time the
new board is elected and
assumes control of the
service center.
(C) If an educational
service center described in division
(A) of this section was formed
prior to the effective date of this
section, the governing board
of the service center may adopt at
any time prior to
July 1,
1999
2003, a resolution
setting forth
provisions for changing the number of members
and the manner of
electing its board and provisions for any
transitional period
between the abolition of the existing board
and the assumption of
control by the new board.
(D) Any provisions for
electing a governing board adopted
pursuant to division
(B) or
(C) of this section may provide
for
the election of members at large, may provide for the
establishment of
subdistricts within the district, or
may require
some members to be elected at large and some to be
elected from
subdistricts. If subdistricts are included, the
resolutions shall
specify the manner in which their boundaries
are to be drawn. The
provisions shall attempt to ensure that each elected member of the
board
represents an equal number of residents of the service
center.
To accomplish this, any subdistrict containing a multiple
of the
number of electors in another subdistrict, may elect
at-large
within that subdistrict, a number of board members equal
to the multiple that its population is of the population of the
other subdistrict.
(E) The provisions for
selecting board members set forth in
the latest
resolution adopted pursuant to division
(B) or
(C) of
this section prior to
July 1,
1999
2003, shall remain the
method
of
electing
school board members within that educational
service
center.
Sec. 3311.058. Notwithstanding anything to the contrary in
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly,
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter
3311. of the Revised Code, no educational service center shall be
required to merge in order to achieve any prescribed minimum
average daily membership if such a merger will cause the territory
of the resultant joint educational service center to comprise more
than eight hundred square miles.
Sec. 3311.062. Notwithstanding anything prohibiting the
existence of school districts with noncontiguous territory in
section 3311.06 or 3311.37 of the Revised Code or in any other
section of this chapter, a new school district may be formed under
this chapter after the effective date of this section from the
territory of noncontiguous school districts, provided that the
board of education of any school district containing territory
lying between the noncontiguous portions of such a new school
district adopts a resolution approving the establishment of the
new district.
Sec. 3313.21. The board of education of each city, local,
and exempted village school district shall formulate a written
policy detailing procedures for the identification of gifted
students as defined by rule of the state board of education.
Annually, in accordance with the policy, the school board shall
identify those students enrolled in the district who are gifted
children.
Each school district may offer multiple strategies, programs,
or services for identified gifted students. A district may employ
flexible instructional grouping in the delivery of educational
services for identified gifted students. Student grouping options
may be based on student interests, abilities, or needs. Grouping
alternatives may include any of the following:
(A) Cluster grouping with curriculum differentiation;
(B) Advanced placement and honors courses;
(D) Self-contained classrooms;
(E) Cross-grade-level grouping for subject-area instruction;
Sec. 3313.37. (A)(1) The board of education of any city,
local, or exempted
village school district may build, enlarge,
repair, and furnish the necessary schoolhouses, purchase or lease
sites therefor, or rights-of-way thereto, or purchase or lease
real estate to be used as playgrounds for children or rent
suitable schoolrooms, either within or without the district, and
provide the necessary apparatus and make all other necessary
provisions for the schools under its control.
The governing board
of any educational service center
may build, enlarge, repair, and
furnish the necessary facilities for
conducting
special education
programs and driver education courses, purchase
or lease sites
therefor, or rights-of-way thereto, or purchase
or
lease real
estate or rent suitable facilities to be used for such
purposes
and provide the necessary apparatus and make all other
necessary
provisions for such facilities as are under its
control.
(2) A governing board of an educational service center may
acquire, lease, or enter into a contract to purchase, lease, or
sell real and personal property and may construct, enlarge,
repair, renovate, furnish, or equip facilities, buildings, or
structures for the educational service center's purposes. The
board may enter into loan agreements, including mortgages, for the
acquisition of such property. If a governing board exercises any
of these powers to acquire office or classroom space, the board of
county commissioners has no obligation to provide and equip
offices and to provide heat, light, water, and janitorial services
for the use of the service center pursuant to section 3319.19 of
the Revised Code, unless there is a contract as provided by
division (D) of that section.
(3) A board of county commissioners may issue securities of
the county pursuant to Chapter 133. of the Revised Code for the
acquisition of real and personal property or for the construction,
enlargement, repair, or renovation of facilities, buildings, or
structures by an educational service center, but only if the
county has a contract under division (D) of section 3319.19 of the
Revised Code with the educational service center whereby the
educational service center agrees to pay the county an amount
equal to the debt charges on the issued securities on or before
the date those charges fall due. For the purposes of this
section,
"debt charges" and
"securities" have the same meanings as
in section 133.01 of the Revised Code.
(B)(1) Boards of education of city, local, and exempted
village school
districts
may acquire land by gift or
devise, by
purchase, or by appropriation. Lands purchased may be
purchased
for cash, by installment payments, with or without a
mortgage, by
entering into lease-purchase agreements, or by lease
with an
option to purchase, provided that if the purchase price
is to be
paid over a period of time, such payments shall not
extend for a
period of more than five years. A
special tax levy may be
authorized by the voters of the
school district in accordance with
section 5705.21 of the Revised Code to
provide a
special fund to
meet the future time payments.
(2) For the purposes of section 5705.21 of the Revised
Code,
acquisition of land under the provisions of this division
shall be
considered a necessary requirement of the school
district.
(3) Boards of education of city, local, and exempted
village
school districts may acquire federal land at a
discount by a
lease-purchase agreement for use as a site for the
construction of
educational facilities or for other related
purposes. External
administrative and other costs pertaining to
the acquisition of
federal land at a discount may be paid from
funds available to the
school district for operating purposes.
Such boards of education
may also acquire federal land by
lease-purchase agreements, by
negotiation, or otherwise.
(4) As used in this division:
(a)
"Office equipment" includes but is not limited to
typewriters, copying and duplicating equipment, and computer and
data processing equipment.
(b)
"Software for instructional purposes" includes
computer
programs usable for computer assisted instruction,
computer
managed instruction, drill and practice, and problem
simulations.
A board of education or governing board of an educational
service center may
acquire the necessary office
equipment, and
computer hardware and software for instructional
purposes, for the
schools under its control by purchase, by
lease, by installment
payments, by entering into lease-purchase
agreements, or by lease
with an option to purchase. In the case of
a city, exempted
village, or local school district, if the
purchase price is to be
paid over a period of time, the contract
setting forth the terms
of such purchase shall be considered a
continuing contract
pursuant to section 5705.41 of the Revised
Code. Payments shall
not extend for a period
of more
than five years. Costs relating
to the acquisition of necessary
apparatus may be paid from funds
available to the school district
or educational service center for
operating purposes.
(5) A board of education or governing board of an
educational
service center may acquire the necessary equipment for
the maintenance or physical upkeep of facilities and land under
its control by
entering into lease-purchase agreements. If
payments under the lease-purchase
agreement are to be made over a
period of time, the agreement shall be
considered a continuing
contract
pursuant to section 5705.41 of the Revised Code, and such
payments shall not extend for a period of more than five years.
Sec. 3313.41. (A) Except as provided in divisions (C),
(D),
and (F), and (G) of this section, when a board of education
decides to dispose of real or personal property that it owns in
its corporate
capacity, and that exceeds in value ten thousand
dollars, it
shall sell the property at public auction, after
giving at least
thirty days' notice of the auction by publication
in a newspaper
of general circulation or by posting notices in
five of the most
public places in the school district in which the
property, if it
is real property, is situated, or, if it is
personal property, in
the school district of the board of
education that owns the
property. The board may offer real
property for sale as an
entire tract or in parcels.
(B) When the board of education has offered real or
personal
property for sale at public auction at least once pursuant to
division
(A) of this section, and the property has not been sold,
the
board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several
lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property
to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the
Revised Code, township park district, board of park
commissioners
established under Chapter 755. of the Revised Code,
or park
district established under Chapter 1545. of the Revised
Code; to
a wholly or partially tax-supported university,
university
branch, or college; or to the board of
trustees of a
school district library, upon such terms as are
agreed upon. The
sale of real or personal property to the board
of trustees of a
school district library is limited, in the case
of real property,
to a school district library within whose
boundaries the real
property is situated, or, in the case of
personal property, to a
school district library whose boundaries
lie in whole or in part
within the school district of the selling
board of education.
(D) When a board of education decides to trade as a part
or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of
education shall execute and deliver deeds or other necessary
instruments of conveyance to complete any sale or trade under
this
section.
(F) When a board of education has identified a parcel of
real
property that it determines is needed for school purposes,
the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the
identified real property. Any exchange or acquisition made
pursuant to this
division shall be made by a conveyance executed
by the president and the
treasurer of the board.
(G) When a school district board of education decides to
dispose of real property suitable for use as classroom space,
prior to disposing of such property under division (A) through (F)
of this section, it shall first offer that property for sale to
the governing authorities of the start-up community schools,
established under Chapter 3314. of the Revised Code and located
within the territory of the school district, at a price that is
not higher than the appraised fair market value of that property.
If more than one community school governing authority accepts the
offer made by the school district board, the board shall sell the
property to the governing authority that accepted the offer first
in time. If no community school governing authority accepts the
offer within sixty days after the offer is made by the school
district board, the board may dispose of the property in the
applicable manner prescribed under divisions (A) to (F) of this
section.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a
minimum of one hundred twenty hours
of course
instruction, except that for
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction.
(2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, the requirements for
graduation from every high school shall include
twenty-one
twenty
units earned in grades nine through twelve and shall be
distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one
unit;
(b) Physical sciences, one
unit.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
(7) Elective units,
eight
seven units until September 15,
2003, and
seven
six units thereafter.
Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language.
(C) Every high school
may permit students below the ninth
grade to take advanced work
for credit. A high school shall count
such advanced work toward the
graduation requirements of division
(B) of
this section if the advanced work was both:
(1) Taught by a person who possesses a license or
certificate issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised Code
that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements.
(D) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and technical instruction are
eligible to meet the
graduation requirements of division
(B) of this section.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)
"Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities.
(2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child.
(7)
"Handicapped preschool child" means a handicapped
child,
as defined by division (A) of section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten.
(8)
"Child," unless otherwise indicated, includes
handicapped
preschool children.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency;
(d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement.
(3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division;
(b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) For as long as this state receives grants under the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children, each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state.
(J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
Sec. 3314.07. (A) The expiration of the contract for a
community school between a sponsor and a school shall be the
date
provided in the contract. A successor contract may
be entered
into unless the contract is terminated or not renewed pursuant to
this section.
(B)(1) A sponsor may choose not to renew a contract at its
expiration or may choose to terminate a contract prior to its
expiration for
any of the following reasons:
(a) Failure to meet student
performance requirements stated
in the contract;
(b) Failure to meet generally accepted standards of fiscal
management;
(c) Violation of any provision of the
contract or applicable
state or federal law;
A termination shall be effective only at the conclusion of
a
school year.
(2)
A sponsor may choose to terminate a contract prior to its
expiration if the sponsor has suspended the operation of the
contract under section 3314.072 of the Revised Code.
(3) At least
one hundred eighty
ninety days prior to the
termination or nonrenewal of a contract, the sponsor shall notify
the school
of the proposed action in writing. The notice shall
include the
reasons for the proposed action in detail, the
effective date of the termination or nonrenewal, and
a statement
that the
school
may, within fourteen days of receiving the notice,
request
an
informal hearing before the sponsor. Such request must
be in
writing.
The informal hearing shall be held within
seventy
days of the receipt of a request for the hearing.
Promptly
following the informal hearing, the sponsor shall issue a
written
decision either affirming or rescinding the decision to
terminate
or not renew the contract.
(3)(4) A decision by the sponsor to terminate a contract may
be
appealed to the state board of education. The decision by the
state board pertaining to an
appeal under this division is final.
If the sponsor is the state board, its decision to terminate a
contract under division (B)(4) of this section shall be final.
(5) The termination of a contract under this section shall
be effective upon the occurrence of the later of the following
events:
(a) Ninety days following the date the sponsor notifies the
school of its decision to terminate the contract as prescribed in
division (B)(3) of this section;
(b) If an informal hearing is requested under division
(B)(3) of this section and as a result of that hearing the sponsor
affirms its decision to terminate the contract, the effective date
of the termination specified in the notice issued under division
(B)(3) of this section, or if that decision is appealed to the
state board under division (B)(4) of this section and the state
board affirms that decision, the date established in the
resolution of the state board affirming the sponsor's decision.
(C) A child attending a community school whose contract has
been
terminated
or,
nonrenewed, or suspended or that closes for
any reason shall
be admitted to
the schools of the district in
which the child is
entitled to attend
under section 3313.64 or
3313.65 of the Revised
Code. Any
deadlines established for the
purpose of admitting
students under section
3313.97 or 3313.98
shall be waived for
students to whom this division
pertains.
(D) A sponsor of a community school and the officers,
directors,
or employees of such a sponsor are not liable in
damages in a tort or other
civil action for harm allegedly arising
from either of the following:
(1) A failure of the community school or any of its
officers, directors,
or employees to perform any statutory or
common law duty or responsibility or
any other legal obligation;
(2) An action or omission of the community school or any of
its officers,
directors, or employees that results in harm.
(E) As used in this section:
(1)
"Harm" means injury, death, or loss to person or
property.
(2)
"Tort action" means a civil action for damages for
injury, death, or
loss to person or property other than a civil
action for damages for a breach
of contract or another agreement
between persons.
Sec. 3314.072. The provisions of this section are enacted to
promote the public health, safety, and welfare by establishing
procedures under which the governing authorities of community
schools established under this chapter will be held accountable
for their compliance with the terms of the contracts they enter
into with their school's sponsors and the law relating to the
school's operation. Suspension of the operation of a school
imposed under this section is intended to encourage the governing
authority's compliance with the terms of the school's contract and
the law and is not intended to be an alteration of the terms of
that contract.
(A) If a sponsor of a community school established under
this chapter suspends the operation of that school pursuant to
procedures set forth in this section, the governing authority
shall not operate that school while the suspension is in effect.
Any such suspension shall remain in effect until the sponsor
notifies the governing authority that it is no longer in effect.
The contract of a school of which operation is suspended under
this section also may be subject to termination or nonrenewal
under section 3314.07 of the Revised Code.
(B) If at any time the sponsor of a community school
established under this chapter determines that conditions at the
school do not comply with a health and safety standard established
by law for school buildings, the sponsor shall immediately suspend
the operation of the school pursuant to procedures set forth in
division (D) of this section.
(C)(1) For any of the reasons prescribed in division
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the
sponsor of a community school established under this chapter may
suspend the operation of the school only if it first issues to the
governing authority notice of the sponsor's intent to suspend the
operation of the contract. Such notice shall explain the reasons
for the sponsor's intent to suspend operation of the contract and
shall provide the school's governing authority with five business
days to submit to the sponsor a proposal to remedy the conditions
cited as reasons for the suspension.
(2) The sponsor shall promptly review any proposed remedy
timely submitted by the governing authority and either approve or
disapprove the remedy. If the sponsor disapproves the remedy
proposed by the governing authority, if the governing authority
fails to submit a proposed remedy in the manner prescribed by the
sponsor, or if the governing authority fails to implement the
remedy as approved by the sponsor, the sponsor may suspend
operation of the school pursuant to procedures set forth in
division (D) of this section.
(D)(1) If division (B) of this section applies or if the
sponsor of a community school established under this chapter
decides to suspend the operation of a school as permitted in
division (C)(2) of this section, the sponsor shall promptly send
written notice to the governing authority stating that the
operation of the school is immediately suspended, and explaining
the specific reasons for the suspension. The notice shall state
that the governing authority has five business days to submit a
proposed remedy to the conditions cited as reasons for the
suspension or face potential contract termination.
(2) Upon receipt of the notice of suspension prescribed
under division (D)(1) of this section, the governing authority
shall immediately notify the employees of the school and the
parents of the students enrolled in the school of the suspension
and the reasons therefore, and shall cease all school operations
on the next business day.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code.
(4)
"Applicable
special education weight" means:
(a) For a student receiving special education and related
services pursuant to an IEP for a handicap described in division
(A) of section 3317.013 of the Revised Code, the
multiple
specified in
that division;
(b) For a student receiving special education and related
services pursuant to an IEP for a handicap described in division
(B) of section 3317.013
or division (F)(3) of
section 3317.02 of
the Revised Code, the multiple specified
in division (B) of
section
3317.013 of the Revised
Code.
(5)
"Total special education weight" means the sum of the
following:
(a) The number of students reported under division
(B)(2)(c)
of this section who are entitled to attend school in the
district,
are enrolled in grades one through twelve in a community school,
and
are receiving from their community school special education
and related
services pursuant to an IEP for a handicap described
in division
(A) of section 3317.013 of the Revised Code,
multiplied by the multiple specified in division (A) of section
3317.013 of the Revised Code;
(b) One-half the number of students reported under division
(B)(2)(c) of this section who
are entitled
to attend school in the
district, are enrolled in kindergarten in a community
school, and
are
receiving from their community school special education and
related
services pursuant to an IEP for a handicap described in
division (A) of section 3317.013 of the Revised
Code, multiplied
by the multiple specified in division (A) of section 3317.013 of
the Revised Code;
(c) The number of students reported under division
(B)(2)(c)
of this section who are entitled to attend school in the
district,
are enrolled in grades one through twelve in a community school,
and
are receiving from their community school special education
and related
services pursuant to an IEP for a handicap described
in division
(B) of section 3317.013 or division (F)(3) of
section
3317.02 of the Revised Code, multiplied by the
multiple
specified
in division (B) of section 3317.013 of the Revised
Code;
(d) One-half the number of students reported under division
(B)(2)(c) of this section who
are entitled
to attend school in the
district, are enrolled in kindergarten in a community
school, and
are
receiving from their community school special education and
related
services pursuant to an IEP for a handicap described in
division (B) of section 3317.013 or division (F)(3) of
section
3317.02 of the Revised Code, multiplied by the multiple
specified
in division (B) of section 3317.013 of the Revised
Code
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)
"DPIA reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of disadvantaged pupil
impact aid
a community school is entitled to receive pursuant to
divisions (D)(4)(5) and
(5)(6) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to
division
(A)(15) of section 3314.03 of the Revised Code.
(8)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP;
(c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap described in each of divisions
(A)
and
(B)
of section 3317.013
and division (F)(3) of
section
3317.02 of
the Revised Code;
(d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school;
(e) The number of
enrolled preschool handicapped students
receiving special education
services in a state-funded unit;
(e)(f) The community
school's base formula amount;
(f)(g) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school;
(g)(h) Any DPIA reduction factor that applies to a
school
year.
(C) From the payments made to a city, exempted village, or
local
school district under Chapter 3317. of the Revised Code and,
if necessary,
sections 321.14 and 323.156 of the Revised Code, the
department of education
shall annually subtract all of the
following:
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a) and (b) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the base formula amount
of that community school
as adjusted by the school district's
cost-of-doing-business factor.
(2) The
product of the
number of
district students reported
under division (B)(2)(c) of this section
as enrolled in grades one
through twelve, and one-half of the
number of district students
reported under that division
as enrolled in kindergarten, who are
receiving special education and related services pursuant to an
IEP in their respective community schools
for a handicap described
in division (A) or
(B) of section
3317.013 or division (F)(3) of
section 3317.02 of the
Revised Code, multiplied by the total
special
education weight times the community school's base formula
amount;
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section:
(a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
described in section 3317.013 or division (F)(3) of section
3317.02 of
the Revised Code, the product of
the applicable weight
times
the
community school's base formula
amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap described in section
3317.013 or division (F)(3) of section 3317.02 of the
Revised
Code, one-half of the amount calculated as
prescribed in division
(C)(2)(a) of this section.
(3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school and residing in the
district in a family
participating in Ohio works first under
Chapter 5107. of the
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that
year pursuant
to division (B) or (C) of section 3317.029 of
the
Revised
Code, as adjusted by any DPIA reduction factor of that
community
school. If the district receives
disadvantaged pupil
impact aid under division (B) of that section,
the per pupil
amount of that aid is the quotient of the amount the district
received under that division divided by the number of
children
ages five through seventeen residing in the district and living
in
a family participating in Ohio works first, as most
recently
reported under section 3317.10 of the Revised Code.
If
the
district receives disadvantaged pupil impact aid under division
(C) of section 3317.029 of the Revised Code, the
per pupil
amount
of that aid is the per pupil dollar amount prescribed for the
district in division (C)(1) or (2) of that section.
(4)(5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
DPIA
reduction factor of the community school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(D) The department shall annually pay to a community school
established under
this chapter all of the following:
(1) An amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a) and (b) of
this
section who are not
receiving special education and related services pursuant
to an
IEP for a handicap described in
division (A) or
(B) of section
3317.013
or division (F)(3) of section
3317.02 of the Revised Code
is
multiplied by the community school's base formula
amount, as
adjusted by the cost-of-doing-business factor of the school
district in which the student is
entitled to attend school;
(2) The greater of the following:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap described in
division (A) or (B)
of
section
3317.013
or
division (F)(3) of section 3317.02 of the
Revised
Code, the following amount:
(the community school's base formula amount X thecost-of-doing-business factor of the district where the studentis entitled to attend school) + (the applicable
special education
weightX the community school's base formula amount);(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
described in
division (A) or (B) of section
3317.013
or
division
(F)(3) of section 3317.02 of the Revised
Code, one-half
of the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school and participating in
Ohio
works
first is multiplied by the per pupil amount of disadvantaged
pupil
impact
aid that school district receives that year pursuant to
division (B) or (C) of
section 3317.029 of the Revised Code, as
adjusted by
any DPIA reduction factor of the community school.
The
per pupil
amount of
aid shall be determined as described in
division (C)(3) of this
section.
(5)(6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any DPIA
reduction factor of the
community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(4)(5) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
described in
division
(F)(3) of
section
3317.02
3317.013 of the
Revised
Code are
twenty-five
thousand
dollars or more, the school may submit
to the
superintendent of
public instruction documentation, as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the student in
excess of twenty-five thousand dollars.
(2) In fiscal year 2002, if a community school's costs for
a
student receiving special education and related services
pursuant
to an IEP for a handicap described in division (F)(3) of
section
3317.013 of the Revised Code are twenty-five thousand
dollars or
more, the school may submit to the superintendent of
public
instruction documentation, as prescribed by the
superintendent, of
all its costs for that student. Upon
submission of documentation
for a student of the type and in the
manner prescribed, the
department shall pay to the community
school an amount equal to
the school's costs for the student in
excess of twenty-five
thousand dollars.
(3) In any fiscal year after fiscal year 2002, if a community
school's costs for a student receiving special education and
related services pursuant to an IEP for a handicap described in
division (F)(3) of section 3317.013 of the Revised Code are twenty
thousand dollars or more, the school may submit to the
superintendent of public instruction documentation, as prescribed
by the superintendent, of all its costs for that student. Upon
submission of documentation for a student of the type and in the
manner prescribed, the department shall pay to the community
school an amount equal to the school's costs for the student in
excess of twenty thousand dollars.
(4) The community school shall only report
under divisions
(E)(1) to (3) of this section, and the department
shall
only pay
for, the costs of educational expenses and the
related
services
provided to the student in accordance with the
student's
individualized education program. Any legal fees, court
costs, or
other costs associated with any cause of action relating
to the
student may not be included in the amount.
(F) A community school may apply to the department of
education for
preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the receipt
of any portion of the
payments to be received by the school
pursuant to division (D) of this
section. The school may issue
notes to evidence such borrowing to mature no
later than the end
of the fiscal year in which such money was borrowed. The
proceeds
of the notes shall be used only for the purposes for which the
anticipated receipts may be lawfully expended by the school.
(K) For purposes of determining the
number of students for
which divisions
(D)(4)(5) and
(5)(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L) The department of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. For purposes of this
section, a
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
Sec. 3314.09.
(A) As used in this section
and section
3314.091
of the Revised Code,
"native student" means a
student
entitled to
attend school in the school district under section
3313.64
or
3313.65 of the Revised Code.
The
(B) Except as provided in section 3314.091 of the
Revised
Code, the board of
education of each
city, local, and
exempted
village school district shall provide
transportation to
and from
school for its district's native students enrolled in
a
community
school located in that district or another district on
the
same
basis
that it
provides transportation for its native
students
enrolled in schools to which
they are assigned by the
board of
education at the same grade level and who
live the same
distance
from school except when, in the judgment of the
board,
confirmed
by the state board of education,
the transportation is
unnecessary
or unreasonable. A board shall not be
required to
transport
nonhandicapped
students to and from a community school
located in
another school district if the transportation would
require more
than thirty
minutes of direct travel time as measured
by school
bus from the collection
point designated by the
district's
coordinator of school transportation.
(C) Where it is impractical to transport a pupil to and from
a
community school by school conveyance, a board may, in lieu of
providing the transportation, pay a parent, guardian, or other
person in charge of the child. The amount paid per pupil shall in
no event exceed the average transportation cost per pupil,
which
shall be based on the cost of transportation of children
by all
boards of education in this state during the next
preceding year.
(D) The daily and annual instructional schedules of a
community
school are the sole responsibility of the community
school's
governing authority, and are subject only to the
requirements of
this chapter and the governing authority's
contract with its
sponsor. Each school district board of
education that is required
to provide transportation for community
school students under this
section shall provide the
transportation in accordance with those
schedules so that students
may be present on time and at all times
that the community school
is open for instruction.
Sec. 3314.091.
(A) A school district is not required to
provide
transportation
for any native student enrolled in a
community school if the district board
of education has entered
into an agreement with the
community school's governing authority
that designates the
community school as responsible for providing
or arranging for the
transportation of the district's native
students to and from the community
school. For any such
agreement
to be effective, it must be certified by the superintendent of
public instruction as having met both of the following
requirements:
(1) It is submitted to the department
of education by a
deadline which shall be established by the
department.
(2) It specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged.
(B)(1) A community school governing board that enters into
an agreement to provide transportation under this section shall
provide or arrange transportation free of any charge for each of
its enrolled students in grades kindergarten through eight who
live more than two miles from the school, except that the
governing board may make a payment in lieu of providing
transportation to the parent, guardian, or person in charge of the
student at the same rate as specified for a school district board
in division (C) of section 3314.09 of the Revised Code if the
drive time measured by the vehicle specified by the school for
transporting the students from the student's residence to the
school is more than thirty minutes. The governing board may
provide or arrange transportation for any other enrolled student
and may charge a fee for such service. The governing board may
request the payment specified under division (C) of this section
for any student it transports, for whom it arranges
transportation, or for whom it makes a payment in lieu of
providing transportation if the student lives more than one mile
from the community school.
(2) Notwithstanding anything to the contrary in division
(B)(1) of this section, a community school governing board shall
provide or arrange transportation free of any charge for any
disabled student enrolled in the school for whom the student's
individualized education program developed under Chapter 3323. of
the Revised Code specifies transportation.
(C)(1) If a school district board and a community school
governing authority elect to enter into an
agreement
under this
section, the department of education annually shall pay
the
community school the amount specified in division (C)(2) of this
section
for each of the enrolled
students for whom the school's
governing
authority provides or arranges
transportation to and
from school.
The department shall deduct the payment from the
state payment under Chapter 3317. and, if
necessary, sections
321.14 and 323.156 of the Revised Code that is otherwise paid to
the school district in which the student enrolled in the community
school resides.
The
department shall
include the number of the
district's native
students for whom
payment is made to a community
school under this division in the
calculation of the
district's
transportation payment under
division
(D) of section
3317.022 of
the Revised Code.
A community school shall be paid under this division only for
students who live more than one mile from the school and whose
transportation
to and from school is
actually provided or arranged
or for whom a payment in lieu of transportation is made by the
community school's governing authority.
To
qualify for
the
payments, the community school shall report to
the department, in
the form
and
manner required by the department, data
on the
number of students transported or whose transportation is
arranged, the
number of miles traveled,
cost to transport, and any
other information requested by the
department.
A community school shall use payments received under this
division solely
to pay the costs of providing or arranging for the
transportation of students who live more than one mile from the
school, which may
include payments to a parent, guardian,
or other
person in charge
of a child in lieu of transportation.
(2) The payment to a community school governing authority
under this section for each student who lives more than one mile
from the school or who is disabled and whose individualized
education program requires transportation and for whom the school
actually provides or arranges transportation or makes a payment in
lieu of providing transportation, shall be made according to the
following schedule:
(a) In fiscal year 2002, four-hundred fifty dollars per
student;
(b) In fiscal year 2003 and every fiscal year thereafter,
the amount specified in division (C)(2)(a) of this section
multiplied by the negative or positive percentage of change
reported in the consumer price index (all urban consumers,
transportation) by the bureau of labor statistics of the United
States department of labor from the beginning of the calendar year
that ended just prior to the beginning of the fiscal year to the
end of that calendar year.
(D) Except when arranged through payment to a parent,
guardian,
or person in charge of a child, transportation provided
or arranged for by a
community school
pursuant to an agreement
under this section is subject to all
provisions of the Revised
Code, and all rules adopted under
the Revised
Code, pertaining to
the
construction,
design, equipment, and
operation of school buses
and other vehicles
transporting students
to and from school. The
drivers and
mechanics of the vehicles are
subject to all
provisions of the
Revised Code, and all rules
adopted under the
Revised Code, pertaining to
drivers
and mechanics of such
vehicles. The community school also shall
comply
with sections
3313.201, 3327.09, and 3327.10 and division
(B)
of section 3327.16
of the Revised Code as if it were a
school
district. For purposes
of complying with section 3327.10 of the
Revised Code, the
educational
service center that serves the
county in which the
community
school is located shall be the
certifying agency, unless
the
agreement designates the school
district as the certifying
agency.
Sec. 3316.20. (A)(1) The school district solvency
assistance fund
is hereby created in the state treasury, to
consist of such amounts designated
for the purposes of the fund by
the general assembly. The fund shall be used
to provide
assistance and grants to school
districts to enable them to
remain
solvent and
to pay unforseeable expenses of a temporary or
emergency nature that they are
unable to pay from existing
resources.
(2) There is hereby created within the fund
an account known
as
the school district shared resource account, which shall
consist
of money appropriated to it by the general assembly. The
money in
the account shall be used solely for solvency assistance
to school
districts that have been declared under division (B)(1)
or (5) of
section 3316.03
of the Revised Code to be in a state
of
fiscal emergency
because of a certified operating deficit
exceeding ten per
cent.
(3) There is hereby created within the fund an account known
as
the catastrophic expenditures account, which shall consist of
money
appropriated to the account by the general assembly plus all
investment
earnings of the fund. Money in the account shall be
used solely
for the following:
(a) Solvency assistance to school districts that have been
declared under division (B)(1) or (5) of section 3316.03 of the
Revised Code to be
in a state of fiscal emergency
because of a
certified operating deficit
exceeding ten per cent, in
the event
that all
money in the shared resource account is utilized for
solvency assistance;
(b) Grants to school districts
under division (C) of this
section.
(B) Solvency assistance payments under division
(A)(2) or
(3)(a) of this section shall be made
from
the fund by the
superintendent of public
instruction in accordance with rules
adopted by the
director of
budget and management, after
consulting with the superintendent,
specifying approval criteria
and
procedures
necessary for administering the fund.
The fund shall be reimbursed for any solvency assistance
amounts paid under division (A)(2) or
(3)(a) of this
section not
later
than the
end of the second fiscal year following the fiscal
year in which the
solvency assistance payment was made. If not
made
directly by
the
school district, such reimbursement shall be
made by the director of budget
and
management from the amounts the
school district would otherwise receive
pursuant to sections
3317.022 to 3317.025 of the
Revised Code,
or from any other funds
appropriated for the district by the general
assembly.
Reimbursements shall be credited to the respective account from
which the solvency assistance paid to the district was deducted.
(C) The superintendent of public instruction may make
recommendations, and the controlling board may
grant money from
the catastrophic expenditures
account to any school district that
suffers an unforeseen
catastrophic event that severely depletes
the district's financial
resources.
The superintendent shall make
recommendations for the grants in accordance with rules adopted by
the director of budget and management after consulting with the
superintendent. A school district shall not
be required to repay
any
grant awarded to the district under this
division unless the
district receives money from a third party,
including an agency of
the
government of the United States,
specifically for the
purpose
of compensating the district for
expenses incurred as a result of
the
unforeseen catastrophic
event.
Sec. 3317.012. (A)(1) The general assembly,
having analyzed
school district expenditure and cost data for fiscal year
1996
1999, performed the calculation described in division
(B) of this
section,
and adjusted the results for inflation,
and added the
amounts described in division (A)(2) of this section, hereby
determines that the
base cost of an adequate education per pupil
for the fiscal year beginning
July 1,
1998
2001, is
$4,063
$4,814.
For
the five following fiscal years,
the base cost per pupil for
each of
those years, reflecting an annual rate of inflation of two
and eight-tenths
per cent, is
$4,177
$4,949 for fiscal year
2000
2003,
$4,294
$5,088 for fiscal year
2001
2004,
$4,414
$5,230
for
fiscal year
2002
2005,
$4,538
$5,376 for fiscal year
2003
2006,
and
$4,665
$5,527 for fiscal year
2004
2007.
(2) The base cost per pupil amounts specified in division
(A)(1) of this section include amounts to reflect the cost to
school districts of increasing the minimum number of high school
academic units required for graduation beginning September 15,
2001, under section 3313.603 of the Revised Code. Analysis of
fiscal year 1999 data revealed that the school districts meeting
the requirements of division (B) of this section on average
required high school students to complete a minimum of nineteen
and eight-tenths units to graduate. The general assembly
determines that the cost of funding the additional two-tenths unit
required by section 3313.603 of the Revised Code is $12
per pupil
in fiscal year 2002. This amount was added after the
calculation
described in division (B) of this section and the
adjustment for
inflation from fiscal year 1999 to fiscal year
2002. It is this
total amount, the calculated base cost plus the
supplement to pay
for the additional partial unit, that
constitutes the base cost
amount specified in division (A)(1) of
this section for fiscal
year 2002 and that is inflated to produce
the base cost amounts
for fiscal years 2003 through 2007.
(B) In
determining the base cost stated in division (A) of
this section,
capital and debt costs,
costs paid for by federal
funds, and costs covered by funds
provided
pursuant to sections
3317.023 and 3317.024 of the Revised Code as they existed prior
to
July 1, 1998, for disadvantaged pupil impact aid
and
transportation were excluded, as were the effects on the
districts' state
funds of the application of the
cost-of-doing-business factors, assuming
an
eighteen
a seven and
one-half per cent
variance.
The base cost for fiscal year
1996
1999 was calculated as the
unweighted average
cost per student, on a school district basis,
of educating students who were
not receiving vocational education
or services pursuant to
Chapter 3323. of the
Revised
Code and who
were enrolled in a
city, exempted village, or local school
district that in
fiscal year
1994
1999 met all of the following
criteria:
(1) The district met at least
all but one
twenty of the
following
twenty-seven performance
standards:
(a) A
three
ninety per cent or
lower dropout
higher
graduation rate;
(b) At least seventy-five per cent of fourth graders
proficient on the mathematics test prescribed under division
(A)(1)
of section 3301.0710 of the Revised Code;
(c) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed under division (A)(1) of
section 3301.0710 of the Revised Code;
(d) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed under division (A)(1) of
section 3301.0710 of the Revised Code;
(e) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed under division
(A)(1)
of section 3301.0710 of the Revised Code;
(f)
At least seventy-five per cent of fourth graders
proficient on the science test prescribed under division (A)(1) of
section 3301.0710 of the Revised Code;
(g) At least seventy-five per cent of sixth graders
proficient on the mathematics test prescribed under division
(A)(2) of section 3301.0710 of the Revised Code;
(h) At least seventy-five per cent of sixth graders
proficient on the reading test prescribed under division (A)(2) of
section 3301.0710 of the Revised Code;
(i) At least seventy-five per cent of sixth graders
proficient on the writing test prescribed under division (A)(2) of
section 3301.0710 of the Revised Code;
(j) At least seventy-five per cent of sixth graders
proficient on the citizenship test prescribed under division
(A)(2) of section 3301.0710 of the Revised Code;
(k) At least seventy-five per cent of sixth graders
proficient on the science test prescribed under division (A)(2) of
section 3301.0710 of the Revised Code;
(l) At least seventy-five per cent of ninth graders
proficient on the mathematics test prescribed under
former
division
(B) of section 3301.0710 of the Revised Code
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(g)(m) At least seventy-five per cent of ninth graders
proficient on the reading test prescribed under
former division
(B)
of section 3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(h)(n) At least seventy-five per cent of ninth graders
proficient on the writing test prescribed under
former division
(B)
of section 3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(i)(o) At least seventy-five per cent of ninth graders
proficient on the citizenship test prescribed
under
former
division
(B) of section 3301.0710 of the Revised Code
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(j)(p) At least seventy-five per cent of ninth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(q) At least eighty-five per cent of tenth graders proficient
on the mathematics test prescribed under
former division (B) of
section
3301.0710 of the Revised Code
Section 4 of Am. Sub. S.B.
55 of the 122nd general assembly;
(k)(r) At least eighty-five per cent of tenth graders
proficient
on the reading test prescribed under
former division
(B) of section
3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(l)(s) At least eighty-five per cent of tenth graders
proficient
on the writing test prescribed under
former division
(B) of section
3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(m)(t) At least eighty-five per cent of tenth graders
proficient
on the citizenship test prescribed under
former
division (B) of
section 3301.0710 of the Revised Code
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(n)(u) At least eighty-five per cent of tenth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(v) At least sixty per cent of twelfth graders proficient
on
the mathematics test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(o)(w) At least sixty per cent of twelfth graders proficient
on the reading test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(p)(x) At least sixty per cent of twelfth graders proficient
on the writing test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(q)(y) At least sixty per cent of twelfth graders proficient
on the citizenship test prescribed under division (A)(3) of
section
3301.0710 of the Revised Code;
(r)(z) At least sixty per cent of twelfth graders proficient
on the science test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(aa) An attendance rate for the
year of at least
ninety-three per cent as defined in
section 3302.01 of the
Revised
Code.
In determining whether a school district met any of the
performance standards specified in divisions (B)(1)(a) to (aa) of
this section, the general assembly used a rounding procedure
previously recommended by the department of education. It is the
same rounding procedure the general assembly used in 1998 to
determine whether a district had met the standards of former
divisions (B)(1)(a) to (r) of this section for purposes of
constructing the previous model based on fiscal year 1996 data.
(2) The district was not among the
ten
five per cent of all
districts with the highest income
factors, as defined in section
3317.02 of the Revised
Code, nor among the
ten
five per
cent of
all
districts with the lowest income
factors.
(3) The district was not among the five per cent of all
districts with the highest valuation per pupil
in ADM, as reported
under division (A) of section 3317.03 of the Revised
Code as it
existed prior to July 1, 1998, nor among the
five per cent of all
districts with the lowest valuation per
pupil.
This model for calculating the base cost of an adequate
education is expenditure-based. The general assembly recognizes
that increases in state funding to school districts since fiscal
year 1996, the fiscal year upon which the general assembly based
its model for calculating state funding to school districts for
fiscal years 1999 through 2001, has increased school district base
cost expenditures for fiscal year 1999, the fiscal year upon which
the general assembly based its model for calculating state funding
for fiscal years 2002 through 2007. In the case of school
districts included in the fiscal year 1999 model that also had met
the
fiscal year 1996 performance criteria of former division
(B)(1) of
this section, the increased state funding may
have
driven the
districts' expenditures beyond the expenditures
that
were actually
needed to maintain their educational programs
at the
level
necessary to maintain their ability to meet the fiscal year
1999 performance criteria of current division (B)(1) of this
section. The
general assembly has determined to control for
this
effect by
stipulating in the later model that the fiscal year
1999
base cost
expenditures of the districts that also met the
performance criteria of former division (B)(1) of this section
equals
their base cost expenditures per pupil for
fiscal year
1996,
inflated to fiscal year 1999 using an annual
rate of
inflation of
two and eight-tenths per cent. However, if this
inflated amount exceeded the district's actual fiscal year 1999
base cost expenditures per pupil, the district's actual fiscal
year 1999 base cost expenditures per pupil were used in the
calculation. For districts
in the 1999 model
that did not also
meet the performance criteria of former division (B)(1) of this
section,
the actual 1999
base cost per pupil expenditures were
used in the
calculation of
the average district per pupil costs of
the model
districts.
(C) In July of
2000
2005, and in July of every six
years
thereafter, the speaker of the house of representatives and the
president of the senate shall each appoint three members to a
committee to reexamine the cost of an adequate education. No
more
than two members from any political party shall represent
each
house. The director of budget and management and the
superintendent of public instruction shall serve as nonvoting ex
officio members of the committee.
The committee shall select a rational methodology for
calculating the costs of an adequate education system for the
ensuing six-year period, and shall report the methodology and
the
resulting costs to the general assembly. In
performing its
function, the committee is not bound by any
method used by
previous general assemblies to examine and
calculate costs and
instead may utilize any rational method it
deems suitable and
reasonable given the educational needs and
requirements of the
state at that time.
The methodology for determining the cost of an adequate
education system shall take into account the basic
educational
costs that all districts incur in educating regular
students, the
unique needs of special categories of students,
and significant
special conditions encountered by certain
classifications of
school districts.
The committee also shall redetermine, for purposes of
updating the parity aid calculation under section 3317.0217 of the
Revised Code, the average number of effective operating mills that
school districts in the seventieth to ninetieth percentiles of
valuations per pupil collect above the revenues required to
finance their attributed local shares of the calculated cost of
an
adequate education.
Any committee appointed pursuant to this section shall
make
its report to the office of budget and management and the
general
assembly within
six months
one year of its appointment
so that the
information is available for use by the office and the general
assembly in preparing the next biennial appropriations
act.
(D)(1) For purposes of this division, an "update year" is
the first fiscal year for which the per pupil base cost of an
adequate education is in effect after being recalculated by the
general assembly. The first update year is fiscal year 2002. The
second update year is fiscal year 2008.
(2) The general assembly shall recalculate the per pupil
base cost of an adequate education every six years after
considering the recommendations of the committee appointed under
division (C) of this section. At the time of the recalculation,
for each of the five fiscal years following the update year, the
general assembly shall adjust the base cost recalculated for the
update year using an annual rate of inflation that the general
assembly determines appropriate.
(3) The general assembly shall include, in the act
appropriating state funds for education programs for a fiscal
biennium that begins with an update year, a statement of its
determination of the total state share percentage of base cost and
parity aid funding for the update year.
(4) During its biennial budget deliberations, the general
assembly shall determine the total state share percentage of base
cost and parity aid funding for each fiscal year of the upcoming
biennium. This determination shall be based on the latest
projections and data provided by the department of education under
division (D)(6) of this section prior to the enactment of
education appropriations for the upcoming biennium. If, based on
those latest projections and data, the general assembly determines
that the total state share percentage for either or both nonupdate
fiscal years varies more than two and one-half percentage points
more or less than the total state share percentage for the most
recent update year, as previously stated by the general assembly
under division (D)(3) of this section, the general assembly shall
determine and enact a method that it considers appropriate to
restrict the estimated variance for each year to within two and
one-half percentage points. The general assembly's methods may
include, but are not required to include and need not be limited
to, reexamining the rate of millage charged off as the local share
of base cost funding under divisions (A)(1) and (2) of section
3317.022 of the Revised Code. Regardless of any changes in
charge-off millage rates in years between update years, however,
the charge-off millage rate for update years shall be twenty-three
mills, unless the general assembly determines that a different
millage rate is more appropriate to share the total calculated
base cost between the state and school districts.
(5) The total state share percentage of base cost and parity
aid funding for any fiscal year is calculated as follows:
[(Total state base cost + total state parity aid funding) -
statewide charge-off amount] / (Total state base cost + total
state parity aid funding)
(a) The total state base cost equals the sum of the base
costs for all school districts for the fiscal year.
(b) The base cost for each school district equals:
formula
amount X cost-of-doing-business factor X the greater of formula
ADM or
three-year average formula ADM(c) The total state parity aid funding equals the sum of the
amounts paid to all school districts for the fiscal year under
section 3317.0217 of the Revised Code.
(d) The statewide charge-off amount equals the sum of the
charge-off amounts for all school districts.
(e) The charge-off amount for each school district is the
amount calculated as its local share of base cost funding and
deducted from the total calculated base cost to determine the
amount of its state payment under divisions (A)(1) and (2) of
section 3317.022 of the Revised Code. The charge-off amount for
each school district in fiscal year 2002 is the product of
twenty-three mills multiplied by the district's recognized
valuation. If however, in any fiscal year, including fiscal year
2002, a school district's calculated charge-off amount exceeds its
base cost calculated as described in division (D)(2) of this
section, the district's charge-off amount shall be deemed to equal
its calculated base cost.
(6) Whenever requested by the chairperson of the standing
committee of the house or representatives or the senate having
primary jurisdiction over appropriations, the legislative budget
officer, or the director of budget and management, the department
of education shall report its latest projections for total base
cost, total parity aid funding, and the statewide charge-off
amount, as those terms are defined in division (D)(5) of this
section, for each year of the upcoming fiscal biennium, and all
data it used to make the projections.
Sec. 3317.013. This section does not apply to
handicapped
preschool students.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code, are as
follows:
(A) A multiple of
0.22
0.21 for students identified as
specific learning disabled, other health handicapped, or
developmentally
handicapped, as these terms are defined pursuant
to Chapter 3323. of
the Revised Code;
(B) A multiple of
3.01
2.85 for students identified as
hearing
handicapped, orthopedically handicapped, vision impaired,
multihandicapped,
and severe
behavior handicapped, as these terms
are defined pursuant to
Chapter 3323. of the Revised Code.
Further analysis indicates that approximately one-eighth of
the total costs
of serving special education students consists of
the furnishing of the
related services specified in division
(B)(3) of section 3317.022 of the
Revised Code.
The general assembly has adjusted the multiples specified in
this section for calculating payments beginning in fiscal year
2002 in recognition that its policy change regarding the
application of the cost-of-doing-business factor produces a higher
base cost amount than would exist if no change were made to its
application. The adjustment maintains the same weighted costs as
would exist if no change were made to the application of the
cost-of-doing-business factor.
Sec. 3317.014. The average vocational education additional
cost per pupil can be expressed as a multiple of the base cost per
pupil calculated under section 3317.012 of the Revised Code. the
multiples for the following categories of vocational education
programs
are as follows:
(A) A multiple of
0.60
0.57 for students enrolled in
vocational
education job-training and workforce development
programs approved by the
department of education in accordance
with rules
adopted under section 3313.90 of the Revised Code.
The rules adopted under this division may provide for
programs that include instructional time beyond the normal periods
of instruction, including summers, for areas of study such as
agriculture. For any such program, the multiple of 0.57 may be
apportioned so that the multiple for the normal school year is
less than the multiple for the additional instructional time but
that a school district may receive the entire value of the weight
for the program if the program extends beyond the normal periods
of instruction.
(B) A multiple of
0.30
0.28 for students enrolled in
vocational
education classes other than job-training and workforce
development
programs.
Vocational education associated services costs can be
expressed as
a multiple of 0.05 of the base cost per pupil
calculated under section
3317.012 of the Revised Code.
The general assembly has adjusted the multiples specified in
this section for calculating payments beginning in fiscal year
2002 in recognition that its policy change regarding the
application of the cost-of-doing-business factor produces a higher
base cost amount than would exist if no change were made to its
application. The adjustment maintains the same weighted costs as
would exist if no change were made to the application of the
cost-of-doing-business factor.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in section 3317.012 of the
Revised Code, except that to
allow for the orderly phase-in
of the increased funding specified
in that section, the formula amount
for fiscal year
1999
shall be
$3,851,
and the formula
amount for fiscal year
2000 shall be
$4,052. Thereafter, the
formula amount shall be as
specified in
that section.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
or three
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)(1)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the number reported pursuant to
division
(A) of section 3317.03 of the Revised Code, and for a joint
vocational school district, the number reported pursuant to
division
(D) of that section.
(2)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two fiscal years.
However, as applicable in
fiscal years 1999 and 2000, the
three-year average for city, local, and
exempted village school
districts shall be determined utilizing the
FY 1997 ADM or FY 1998
ADM in lieu of
formula ADM for fiscal year 1997 or 1998. In
fiscal years 2000
and 2001, the three-year average for joint
vocational school districts shall
be determined utilizing the
average daily membership reported in fiscal years
1998 and 1999
under division (D) of section 3317.03 of the Revised Code in lieu
of
formula ADM for fiscal years 1998 and 1999.
(E)
"FY 1997 ADM" or
"FY 1998 ADM" means the school
district's
average daily membership reported for the applicable
fiscal year
under the version of division (A) of section 3317.03
of the
Revised Code in effect during that
fiscal year, adjusted as
follows:
(1) Minus the average daily membership of
handicapped
preschool children;
(2) Minus one-half of the average daily
membership attending
kindergarten;
(3) Minus three-fourths of the
average daily membership
attending a joint vocational school
district;
(4) Plus the average daily membership entitled under
section
3313.64 or 3313.65 of the Revised
Code to attend school in the
district but receiving educational services in
approved units from
an educational
service center or another school district under a
compact or a
cooperative education agreement, as determined by the
department;
(5) Minus the average daily membership receiving educational
services from the district in approved units but entitled under
section
3313.64 or 3313.65 of the Revised Code to attend school in
another school
district, as determined by the department.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children receiving
special
education services for
those handicaps
specified in
division (A)
of section 3317.013 of the
Revised Code and reported
under
division (B)(5) or
(D)(2)(b) of section 3317.03 of the
Revised
Code.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children receiving
special
education services for those handicaps specified in
division (B)
of section 3317.013 of the Revised Code and reported under
division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised
Code.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
students identified as autistic, having traumatic brain
injuries, or as both visually and hearing disabled as these terms
are defined
pursuant to Chapter 3323.
of the Revised Code, and
reported
under division
(B)(7) or (D)(2)(d) of section 3317.03 of
the
Revised Code.
(4) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(8) or
(D)(2)(e)
of
section 3317.03 of the Revised Code.
(5)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(9) or
(D)(2)(f) of
section
3317.03 of the Revised Code.
(G)
"Handicapped preschool child" means a
handicapped child,
as defined in section 3323.01 of the
Revised Code, who is at least
age three
but is not of compulsory school age, as defined in
section
3321.01 of the Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(10) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)(1)
"Cost-of-doing-business factor" means the amount
indicated in this division for the county in which a city,
local,
exempted village, or joint vocational school district is located,
adjusted in accordance with division (N)(2) of
this section. If a
city, local, or exempted village school
district is located in
more than one county,
the factor is the amount indicated for the
county to which the
district is assigned by the state department
of education. If a joint
vocational school district is located in
more than one county, the factor is
the amount indicated for the
county in which the joint vocational school with
the greatest
formula ADM operated by the district is
located.
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.0074
1.0061 |
|
Allen |
1.0217
1.0236 |
|
Ashland |
1.0322
1.0331 |
|
Ashtabula |
1.0480
1.0431 |
|
Athens |
1.0046
1.0038 |
|
Auglaize |
1.0255
1.0272 |
|
Belmont |
1.0078
1.0043 |
|
Brown |
1.0194
1.0207 |
|
Butler |
1.0650
1.0663 |
|
Carroll |
1.0166
1.0148 |
|
Champaign |
1.0292
1.0413 |
|
Clark |
1.0462
1.0443 |
|
Clermont |
1.0510
1.0532 |
|
Clinton |
1.0293
1.0296 |
|
Columbiana |
1.0300
1.0262 |
|
Coshocton |
1.0205
1.0200 |
|
Crawford |
1.0152
1.0140 |
|
Cuyahoga |
1.0697
1.0672 |
|
Darke |
1.0340
1.0343 |
|
Defiance |
1.0177
1.0165 |
|
Delaware |
1.0339
1.0479 |
|
Erie |
1.0391
1.0372 |
|
Fairfield |
1.0358
1.0354 |
|
Fayette |
1.0266
1.0258 |
|
Franklin |
1.0389
1.0519 |
|
Fulton |
1.0355
1.0361 |
|
Gallia |
1.0000 |
|
Geauga |
1.0568
1.0528 |
|
Greene |
1.0406
1.0407 |
|
Guernsey |
1.0072
1.0064 |
|
Hamilton |
1.0750 |
|
Hancock |
1.0224
1.0215 |
|
Hardin |
1.0219
1.0348 |
|
Harrison |
1.0098
1.0081 |
|
Henry |
1.0347
1.0338 |
|
Highland |
1.0139
1.0129 |
|
Hocking |
1.0149
1.0151 |
|
Holmes |
1.0237
1.0238 |
|
Huron |
1.0317
1.0305 |
|
Jackson |
1.0132
1.0118 |
|
Jefferson |
1.0084
1.0067 |
|
Knox |
1.0251
1.0258 |
|
Lake |
1.0596
1.0556 |
|
Lawrence |
1.0128
1.0122 |
|
Licking |
1.0381
1.0375 |
|
Logan |
1.0188
1.0362 |
|
Lorain |
1.0535
1.0521 |
|
Lucas |
1.0413
1.0406 |
|
Madison |
1.0342
1.0437 |
|
Mahoning |
1.0426
1.0384 |
|
Marion |
1.0121
1.0263 |
|
Medina |
1.0608
1.0595 |
|
Meigs |
1.0031
1.0018 |
|
Mercer |
1.0177
1.0199 |
|
Miami |
1.0425
1.0415 |
|
Monroe |
1.0118
1.0097 |
|
Montgomery |
1.0482
1.0476 |
|
Morgan |
1.0140
1.0128 |
|
Morrow |
1.0268
1.0276 |
|
Muskingum |
1.0167
1.0145 |
|
Noble |
1.0129
1.0103 |
|
Ottawa |
1.0510
1.0468 |
|
Paulding |
1.0156
1.0140 |
|
Perry |
1.0175
1.0154 |
|
Pickaway |
1.0338
1.0326 |
|
Pike |
1.0103
1.0094 |
|
Portage |
1.0556
1.0516 |
|
Preble |
1.0486
1.0476 |
|
Putnam |
1.0253
1.0243 |
|
Richland |
1.0205
1.0213 |
|
Ross |
1.0089
1.0085 |
|
Sandusky |
1.0336
1.0307 |
|
Scioto |
1.0044
1.0029 |
|
Seneca |
1.0240
1.0223 |
|
Shelby |
1.0257
1.0263 |
|
Stark |
1.0313
1.0300 |
|
Summit |
1.0616
1.0598 |
|
Trumbull |
1.0425
1.0381 |
|
Tuscarawas |
1.0099
1.0097 |
|
Union |
1.0330
1.0446 |
|
Van Wert |
1.0126
1.0133 |
|
Vinton |
1.0068
1.0070 |
|
Warren |
1.0651
1.0659 |
|
Washington |
1.0110
1.0075 |
|
Wayne |
1.0406
1.0404 |
|
Williams |
1.0268
1.0284 |
|
Wood |
1.0405
1.0382 |
|
Wyandot |
1.0191
1.0188 |
(2) As used in this division,
"multiplier" means the number
for
the corresponding fiscal year as follows:
|
FISCAL YEAR OF THE |
|
|
|
COMPUTATION |
|
MULTIPLIER |
|
1998 |
|
9.6/7.5 |
|
1999 |
|
11.0/7.5 |
|
2000 |
|
12.4/7.5 |
|
2001 |
|
13.8/7.5 |
|
2002 |
|
15.2/7.5 |
|
2003 |
|
16.6/7.5 |
|
2004 and thereafter |
|
18.0/7.5 |
Beginning in fiscal year 1998, the department shall
annually
adjust the
cost-of-doing-business factor for each county in
accordance with the following
formula:
[(The cost-of-doing-business factor specified underdivision (N)(1) of this section - 1) X (the multiplierfor the fiscal year of the calculation)] + 1The result of such formula shall be the adjusted
cost-of-doing-business
factor for that fiscal year.
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)
"Potential value" of a school district means the
adjusted
total
taxable value
recognized valuation of a school district plus
the tax
exempt value
of
the district.
(Q)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or before the
first
day of July of each year, the tax commissioner shall certify
to the
department of education for each city, exempted village,
and local school
district the median Ohio adjusted gross income of
the residents of
the school district determined on the basis of
tax returns filed for the
second preceding tax year by the
residents of the district.
(R)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T) Except as provided in division (B)(3) of
section
3317.012 of the Revised Code,
"valuation per pupil" for a city,
exempted village, or
local school district means the district's
recognized valuation divided by
the greater of the district's
formula ADM or three-year average
formula ADM.
(U) Except as provided in section 3317.0213
of the Revised
Code,
"adjusted valuation per pupil"
means the amount calculated
in accordance with the following formula:
District valuation per pupil - [$60,000 X(1 - district income factor)]If the result of such formula is negative, the adjusted
valuation per
pupil shall be zero.
(V)
"Income adjusted valuation" means the product obtained
by
multiplying the school district's adjusted valuation per pupil
by
the
greater
of the district's
formula ADM or three-year average
formula ADM.
(W) Except as provided in division (A)(2) of
section
3317.022 of the Revised Code,
"adjusted total taxable value" means
one
of the following:
(1) In any fiscal year that a school district's income
factor is less
than or
equal to one, the amount calculated under
the following formula:
(Income adjusted valuation X multiple) +[recognized valuation X
(1-multiple)]Where
"multiple" means the number for the corresponding
fiscal year as
follows:
|
FISCAL YEAR OF THE |
|
|
|
COMPUTATION |
|
MULTIPLE |
|
2000 |
|
1/5 |
|
2001 and thereafter |
|
4/15 |
(2) In fiscal year 1999, if a school
district's income
factor is greater than
one, the amount calculated under the
following
formula:
(Income adjusted valuation X 1/15)+ (recognized valuation X 14/15)
Thereafter, the adjusted total taxable value of a district
with an income
factor greater than one shall be its recognized
valuation.
Sec. 3317.021. (A) On or before the first day of June of
each year, the tax commissioner shall certify to the department
of
education the following information for each city, exempted
village, and local school district, and the information required
by divisions (A)(1) and (2) of this section for each joint
vocational school district, and it shall be used, along with the
information certified under division (B) of this section, in
making the computations for the district under
section
sections
3317.022
and 3317.0217 or
section 3317.16 of the Revised Code:
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location;
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation
by
the district for the preceding tax year;
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses;
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under
division (A)(3)(a) of this section attributable to
a
joint vocational school district.
(4) The value of all real and public utility real property
in the school district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in
the district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in
the district exempted from taxation under Chapter 725. or 1728. or
section
3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of
the Revised Code.
(5) The total
effective operating tax rate for the
district
in the tax year for which the most recent data are available
federal adjusted gross income of the residents
of the school
district, based on tax returns filed by the
residents of the
district, for the most recent year for which this
information is
available.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education the
total taxable real property value of railroads and, separately,
the total taxable tangible personal property value of all public
utilities for the preceding tax year, by school district and by
county of location.
(C) If a public utility has properly and timely filed a
petition for
reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued
under section 5727.23 of
the Revised Code affecting taxable property
apportioned by the tax
commissioner to a school district, the taxable value of public
utility
tangible personal property
included in the certification
under divisions (A)(2) and (B)
of
this section for the school
district shall include only the amount of taxable
value on the
basis of
which the public utility paid tax for the preceding year
as provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A) of section 3317.01 of the Revised Code,
the department shall immediately request the tax commissioner to
determine the extent to which any school district income tax
levied by the district under Chapter 5748. of the Revised Code
shall be included in meeting that requirement. Within five days
of receiving such a request from the department, the tax
commissioner shall make the determination required by this
division and report the quotient obtained under division
(D)(3)
of
this section to the department. This quotient represents the
number of mills that the department shall include in determining
whether the district meets the qualification requirement of
division (A) of section 3317.01 of the Revised Code.
The tax commissioner shall make the determination required
by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses
of
the district;
(3) Divide the amount estimated under division (D)(2) of
this section by the product obtained under division (D)(1)
of
this
section.
(E) As used in this section:
(1) "Class I taxes charged and payable for
current expenses"
means taxes charged and payable for current expenses on land
and
improvements classified as residential/agricultural real
property
under section 5713.041 of the
Revised Code.
(2) "Class I taxable value" means the
taxable value of land
and improvements classified as
residential/agricultural real
property under section 5713.041 of
the Revised Code.
(3) "Class I effective operating tax rate"
of a school
district means the quotient obtained by dividing the
school
district's Class I taxes charged and payable for
current expenses
by the district's Class I taxable value.
(4) "Income tax equivalent tax rate" of a school district
means the
quotient obtained by dividing the
income tax revenue
disbursed during the current fiscal year under
any tax levied
pursuant to Chapter 5748. of the
Revised Code by total taxable
value of the district to the extent the revenue from the tax is
allocated or
apportioned to current expenses.
(5) "Total effective
operating tax rate" means the sum of
the
Class I effective operating tax rate
and the income tax
equivalent tax rate.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year in accordance with the
following
formula,
using adjusted total
taxable value as defined in section
3317.02 of the Revised Code or
making any adjustment required by
division (A)(2) of this section and
using
the
information obtained
under section 3317.021 of the Revised
Code in
the calendar year in
which the fiscal year begins.
Compute the following for each eligible district:
[cost-of-doing-business factor Xthe formula amount X (the greater of formula ADMor three-year average formula ADM)] -(.023 X
adjusted total taxable value
recognized valuation)
If the difference obtained is a negative number, the
district's computation shall be zero.
(2)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(2)(a) of
this section applies, the
adjusted total taxable value
department
shall adjust the recognized valuation used in
the
calculation
under
division (A)(1) of this section
shall be the
adjusted total
taxable value modified by subtracting
from it the amount
calculated under division (A)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
under
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
sum of the district's category two
and category
three
special education
ADMs
multiplied by the
multiple
specified
under
in division
(B) of section 3317.013 of the Revised
Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
Cost-of-doing-business factor Xthe formula amount X (the greater of formulaADM or three-year average formula ADM)The resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children whose
handicaps are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap, including any student whose primary or
only
handicap is a speech and language handicap;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 of the Revised Code;
(e) Any other related service needed by
handicapped children
in accordance with their individualized
education plans.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentageX the formula amount for the yearfor which the aid is calculatedX the district's total special education weight(2)
In any fiscal year, a school district receiving funds
under division (C)(1) of this
section shall spend on related
services the lesser of the
following:
(a) The amount the district spent on related
services in the
preceding fiscal year;
(b) 1/8 X {[cost-of-doing-business factor
X the formula
amount
X (the category one special education ADM + category two
special education ADM + category three special education
ADM)] +
the amount
calculated for the fiscal year under division
(C)(1) of
this section + the local share of special education and
related
services additional weighted
costs}.
(3) The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) Xthe district's total special education weight Xthe formula amount
(4)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
category three
categories one and two special
education ADM. If a district's
costs for the fiscal year for a
student in its
category three
categories one and two
special
education ADM are
twenty-five thousand dollars or more,
the
district may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of twenty-five thousand dollars;
(ii) The product of one-half of the
district's costs for the
student in excess of twenty-five thousand
dollars multiplied by
the district's state share percentage.
(b) In fiscal year 2002, if a district's costs for a
student
in its category three special education ADM are
twenty-five
thousand dollars or more, the district may submit to
the
superintendent of public instruction documentation, as
prescribed
by the superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
district an
amount equal to the sum of the following:
(i) One-half of the district's costs for the student in
excess of twenty-five thousand dollars;
(ii) The product of one-half of the district's costs for the
student in excess of twenty-five thousand dollars multiplied by
the district's state share percentage.
(c) In any fiscal year after fiscal year 2002, if a
district's costs for a student in its category three special
education ADM are twenty thousand dollars or more, the district
may submit to the superintendent of public instruction
documentation, as prescribed by the superintendent, of all its
costs for that student. Upon submission of documentation for a
student of the type and in the manner prescribed, the department
shall pay to the district an amount equal to the sum of the
following:
(i) One-half of the district's costs for the student in
excess of twenty thousand dollars;
(ii) The product of one-half of the district's costs for the
student in excess of twenty thousand dollars multiplied by the
district's state share percentage.
(d) The district shall only report
under divisions (C)(4)(a)
to (c) of this section, and the department shall only
pay
for, the
costs of educational expenses and the related
services provided
to
the student in accordance with the student's
individualized
education program. Any legal fees, court costs, or
other costs
associated with any cause of action relating to the
student may
not be included in the amount.
(5)(a) As used in this division, the "personnel
allowance"
means
twenty-five thousand dollars in fiscal year 2000
and thirty
thousand dollars
in fiscal
year
2001
2002 and
fifty-five thousand
six hundred fifty-two dollars in fiscal year 2003.
(b) For the provision of speech services to students and for
no
other purpose, the department of education shall
pay each
school district an
amount calculated under the following
formula:
(formula ADM divided by 2000) X
the personnel allowance X the state share percentage
(6) In any fiscal year, a school district
receiving funds
under
division (C)(1) of this section shall spend
those funds only
for
the purposes that the department designates as approved for
special
education
expenses.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units, plus the
number
of nonpublic school students included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted in a
finding that an average efficient transportation use
cost per student
can be calculated by means of a regression
formula that has as its two
independent variables the number of
daily bus miles per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles) X
density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -county rough road percentage)/(maximum rough road percentage -
statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)](i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (J) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(7) Notwithstanding divisions (D)(1) to (6) of this
section,
in fiscal year 2000 only, each school district shall receive the
greater of the total amount calculated for it under those
divisions and
division (J) of section 3317.024 of the Revised Code
or the total amount calculated
for it for types one through six
student transportation operating funds in
fiscal year 1999. For
purposes of division (D)(7) of this section,
the fiscal year 1999
guaranteed total amount does not include subsidies for
school bus
purchases.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X
the formula amount X the sum of categories one and two
vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
In fiscal years 2000 and 2001, each school district shall
continue to offer the same number of the vocational education
programs that
the district offered in fiscal year 1999, unless the
department of
education expressly agrees that the district may
offer fewer programs in either fiscal year 2000 or
2001 or both.
(F) Beginning in fiscal year 2003, the actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three mills times the district's
recognized valuation. Beginning
in fiscal year 2003, the department annually shall pay
each
school
district as an excess cost supplement any amount by
which
the sum
of the district's attributed local shares for that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(3) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X[(total vocational education weight X the formula amount) +the payment under division (E)(2) of this section]
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(K)(L) of this
section.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(5), (6), (7), (8),
or (9) of
that
section who are enrolled
in a vocational education
class or
receiving special education;
and minus one-fourth of the
students
enrolled concurrently in a joint
vocational school
district.
(5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two dollars.
(C) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village school district to which a governing board of
an
educational service center provides services
pursuant to section
3313.843 of the Revised
Code, deduct the amount of the payment
required for the
reimbursement of the governing board under
section 3317.11 of the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (I) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis
both of the following:
(a) An amount equal to the formula amount times the cost of
doing
business factor of the school district where the student is
entitled to attend
school pursuant to section 3313.64 or 3313.65
of the Revised
Code;
(b) An amount equal to the formula amount times the state
share
percentage times any multiple applicable to the student
pursuant to section
3317.013 or 3317.014 of the Revised Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the student is
entitled to attend school pursuant to section
3313.64 or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(H), (J) to (L),
(O), (P), and (R) of this
section shall be
distributed to school districts meeting
the requirements of
section 3317.01 of the Revised Code;
in the case of divisions (J)
and (P) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (E),
(M), and (N) of this section, to
county MR/DD
boards; in the case of division (R)
of this section,
to joint
vocational school districts; in the
case of division (K) of this
section, to
cooperative education school districts; and in the
case of division (Q) of
this section, to the institutions defined
under section 3317.082 of the
Revised Code providing elementary or
secondary education programs to children
other than children
receiving special education under section 3323.091 of the
Revised
Code. The following shall be distributed monthly, quarterly, or
annually as may be determined by the state board of education:
(A) A per pupil amount to each school district that
establishes a summer school remediation program that complies
with
rules of the state board of education.
(B) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(C) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(D) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(E) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(F) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(G) In fiscal year 2000 only, an amount to each school
district for supplemental salary allowances for each licensed
employee except
those licensees serving as superintendents,
assistant superintendents, principals, or assistant principals,
whose term of
service in any year is extended beyond the term of
service of regular
classroom teachers, as described in section
3301.0725 of the Revised
Code;
(H) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(I) Notwithstanding section 3317.01 of the Revised Code, but
only until
June 30, 1999,
to each city, local, and exempted
village school district, an
amount for
conducting driver education
courses at high schools for which the
state board of education
prescribes minimum standards and to
joint vocational and
cooperative education school
districts and educational service
centers, an amount for conducting
driver education courses to
pupils enrolled in a high school for
which the state board
prescribes minimum standards. No
payments shall be made under
this division after June 30, 1999.
(J) An amount for the approved cost of transporting
developmentally handicapped pupils whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(K) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(L) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(M) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(N) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for supportive home services for preschool children;
(O) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(P) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
the
effective date of this amendment,
plus fifteen per cent of
that minimum salary
amount, plus two thousand six hundred
seventy-eight
dollars.
(Q) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(R) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$45,000 in fiscal year 2000 and $46,260 in fiscal
year
2001
years 2002 and 2003.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.029. (A) As used in this section:
(1)
"DPIA percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages five to
seventeen
residing in the school district and
living in a family
receiving
family assistance, as certified or adjusted
under
section 3317.10
of the Revised Code, by the district's
three-year
average formula
ADM.
(2)
"Family assistance" means assistance received under
the
Ohio works first program
or, for the purpose of determining the
five-year average number of
recipients of family assistance in
fiscal years 1999 through
2002, assistance received under an
antecedent program known as
TANF or ADC.
(3)
"Statewide DPIA
percentage" means the five-year average
of the total number of
children ages five to seventeen years
residing in the state and
receiving family assistance, divided by
the
sum of the three-year average formula ADMs
for all school
districts in the state.
(4)
"DPIA index"
means the quotient obtained by dividing the
school district's DPIA percentage
by the statewide DPIA
percentage.
(5)
"Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten.
(6)
"Kindergarten through third grade
ADM" means the amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
(7)
"Statewide average teacher salary" means
forty
forty-two
thousand
one
four hundred
eighty-seven
sixty-nine dollars in
fiscal year
2000
2002, and
forty-one
forty-three thousand
three
six hundred
twelve
fifty-eight dollars
in fiscal year
2001
2003,
which
includes an amount for the
value of fringe benefits.
(8)
"All-day kindergarten" means a
kindergarten class that
is
in session five days per week for not
less than the same number
of
clock hours each day as for pupils
in grades one through six.
(9)
"All-day kindergarten percentage" means the percentage
of
a
district's actual total number of students enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(10)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with percentages of
students
receiving family
assistance in grades kindergarten
through three
at least as high as the
district-wide percentage of
students
receiving family assistance.
If, however, the
information
provided by the department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the family assistance percentage in each building,
"buildings with
the highest concentration of need" has the
meaning
given in rules
that the department of education shall
adopt. The
rules shall
base the definition of
"buildings with
the highest
concentration
of need" on family income of students in
grades
kindergarten
through three in a manner that, to the extent
possible
with
available data, approximates the intent of this
division
and
division (G) of this
section to designate buildings
where the
family assistance
percentage in those grades equals or
exceeds the
district-wide
family assistance percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code, a
school district shall
receive the greater of the amount the
district received in fiscal
year 1998 pursuant to division (B) of
section
3317.023 of the Revised Code as it
existed at that time or
the sum of the
computations made under divisions (C) to (E) of
this section.
(C) A supplemental payment that may be utilized for measures
related to safety and security and for remediation or similar
programs,
calculated as follows:
(1) If the DPIA index
of the school district is greater than
or equal to
thirty-five-hundredths, but less than one, an amount
obtained by
multiplying the five-year average number of pupils in
a
district receiving family assistance by two hundred thirty
dollars;
(2) If the DPIA index
of the school district is greater than
or equal to one,
an amount obtained by multiplying the
DPIA index
by two
hundred thirty dollars and multiplying that product by the
five-year average number of pupils in a district receiving
family
assistance.
Except as otherwise provided in division (F) of this section,
beginning with the school year that starts July 1, 2002, each
school district annually shall use at least twenty per cent of the
funds calculated for the district under this division for
intervention services required by section 3313.608 of the Revised
Code.
(D) A payment for all-day kindergarten if the
DPIA index of
the school district is greater
than or equal to one
or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred, calculated by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
DPIA index of the school
district as follows:
(a) If the DPIA
index of the school district is less than
six-tenths, the
formula number of teachers is 43.478, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty-three to one;
(b) If the DPIA index of the school
district is greater than
or equal to six-tenths, but less than
two and one-half, the
formula number of teachers is calculated as
follows:
43.478 + {[(DPIA index-0.6)/
1.9] X 23.188}Where 43.478 is the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to one; 1.9
is
the interval from a DPIA
index of six-tenths to a
DPIA index of
two and
one-half; and 23.188 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to
one.
(c) If the DPIA
index of the school district is greater than
or equal to
two and one-half, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
43.478, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty-three to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers salary.
(F) This division applies only to school districts whose
DPIA index is one or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index
multiplied by the five-year average number of pupils in a district
receiving
family assistance multiplied by two hundred thirty
dollars of the money
distributed under
this section may be
utilized for one or both of the
following:
(a) Programs designed to ensure that
schools are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(b) Remediation for students who have
failed or are in
danger of failing any of the proficiency tests
administered
pursuant to section 3301.0710 of the Revised Code.
Beginning with the school year that starts on July 1, 2002,
each school district shall use at least twenty per cent of the
funds set aside for the purposes of divisions (F)(2)(a) and (b) of
this section to provide intervention services required by section
3313.608 of the Revised Code.
(3) Except as otherwise required by division (G) or
permitted under division (K) of this section,
all other funds
distributed under this section to districts subject to
this
division shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(G) Each district subject to division
(F) of this section
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(F)(3) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(H)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code and after consultation
with the
legislative office of education oversight, shall
determine for each school district subject to division (F) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (G) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(I) Any school district with a DPIA index less than one
and
a three-year average formula ADM exceeding seventeen thousand five
hundred shall first utilize funds received
under
this section so
that,
when combined with other funds of the
district,
sufficient
funds
exist to provide all-day kindergarten
to at least the
number
of
children in the district's all-day
kindergarten
percentage.
Such
a district shall expend at least
seventy per
cent of the
remaining
funds received under this
section, and
any other
district with a
DPIA
index less than
one shall expend at
least
seventy per cent of
all funds received
under this
section, for any
of the following
purposes:
(1) The purchase of technology for
instructional purposes;
(2) All-day kindergarten;
(3) Reduction of class sizes;
(4) Summer school remediation;
(5) Dropout prevention programs;
(6) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(7) Summer education and work programs;
(8) Adolescent pregnancy programs;
(9) Head start or preschool programs;
(10) Reading improvement programs described
by the
department of education;
(11) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(12) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(13) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
Each district shall submit to the department, in such format
and at such
time as the department shall specify, a report on the
programs for which it
expended funds under this division.
(J) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(K)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (F)(3) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Sec. 3317.0212.
Divisions
(B)
and (C) of this
section
do
not
apply to a school district with a formula ADM
of one
hundred fifty
or less.
(A) As used in this section:
(1)
"Fundamental FY 1997 state aid" or
"fundamental FY 1998
state aid" for a district means the total amount of state money
received by the district
for the applicable fiscal year as
reported on the
department of education's form
"SF-12," adjusted
as
follows:
(a) Minus the amount for transportation;
(b) Minus any amounts for approved preschool
handicapped
units;
(c) Minus any additional amount attributable to
the
reappraisal guarantee of division
(C) of section 3317.04 of the
Revised
Code;
(d) Plus the amount deducted for payments to an
educational
service center;
(e) Plus an estimated portion of the state money
distributed
in the applicable fiscal year to other school
districts or
educational service centers for approved units,
other than
preschool handicapped or gifted education units,
attributable to
the costs of providing services in those units
to students
entitled to attend school in the district;
(f) Minus an estimated portion of the state money
distributed to the school district in the applicable fiscal year
for approved units, other than preschool handicapped units or
gifted education units, attributable to the costs of providing
services in those units to students entitled to attend school in
another
school district;
(g) Plus any additional amount paid in the
applicable fiscal
year pursuant to the vocational education
recomputation required
by Section 45.12 of Amended Substitute House Bill No.
117 of the
121st general assembly or former Section 50.22 of Amended
Substitute House Bill No. 215 of the 122nd general assembly;
(h) Plus any additional amount paid in the
applicable fiscal
year pursuant to the special education
recomputation required by
former division (I) of section 3317.023 of the
Revised Code;
(i) Plus any amount paid for equity aid in the
applicable
fiscal year under section 3317.0213 of the
Revised
Code;
(j) Plus any amount received for the applicable fiscal year
pursuant to section 3317.027 of the
Revised Code;
(k) Plus any amount received for the applicable fiscal year
resulting from a recomputation made under division (B) of section
3317.022 of the Revised Code, as that section existed in the
applicable fiscal year.
(2)
"State basic aid" for a district for any fiscal year
after fiscal year 1999 means the sum of the following:
(a) The amount computed for the district for base cost
funding,
special education funding, and vocational
education
funding under divisions (A),
(C)(1) and
(5), and (E) of
section
3317.022 and sections 3317.025 and 3317.027 of
the Revised Code
and DPIA aid under section 3317.029
of the Revised Code in the
current fiscal year
before any deduction or credit required by
division
(B), (D), (E), (F), (G), (H), (I), (J),
(K), or (L) of
section 3317.023 or division (J) of
section
3317.029 of the
Revised Code;
(b) Any amounts for which the district is eligible pursuant
to division (C)
of section 3317.023, divisions (G), (P), and
(R)
of section
3317.024, and the supplemental unit allowance paid for
gifted units
under division (B) of section
3317.162
3317.053 of
the
Revised Code;
(c) Any equity aid for which the district is
eligible under
section 3317.0213 of the Revised Code.
(3)
"Adjusted FY 1999 actual aid" has
the same meaning as in
Section 18 of Am. Sub.
H.B. 650 of the 122nd general
assembly, as
amended.
(4)
"Vocational education set-aside" means the up to
$24,193,118
earmarked
for additional school district vocational
education grants under appropriation
item 200-545, vocational
education enhancements, in Am. Sub.
H.B. 770 of the 122nd general
assembly.
(B) Upon request of the department of education, the
treasurer of any
school district or educational service center
shall furnish data needed to
calculate the amounts specified in
divisions (A)(1)(e)
and (f) of this section. The department shall
compute and pay the
state basic aid guarantee for each school
district for the
fiscal year as follows:
(1) Subtract the amount of state basic aid from the
amount
of fundamental FY 1998
state aid. If a negative number, this
computation shall be deemed to be
zero.
(2) Pay the district any
positive amount calculated under
division (B)(1) of this
section.
(C)
In fiscal year
2000, the
department shall calculate for
each district the
sum of the district's state basic aid for that
fiscal year, plus any amount
calculated under division
(B)(1) of
this section, plus the transportation portion of
state aid
computed for the district for that fiscal year under
division (D)
of the version of section
3317.022 of the Revised Code in effect
that fiscal year. If a district's adjusted
FY 1999 actual aid is
greater than that sum, then
the department shall pay the
district
in that fiscal year one hundred per cent of the
difference
2002,
if a school district's composite state funding for that fiscal
year is less than its composite state funding for fiscal year
2001, the department shall pay the district the difference as
transitional aid. For purposes of this division:
(1) A district's composite state funding for fiscal year
2001 equals its state basic aid for that year plus the amounts
calculated for the district that year under this section, division
(D) of section 3317.022, sections 3317.0215 and 3317.0216, and
division (C) of section 3317.04 of the Revised Code, after any
adjustment made pursuant to Section 18 of Am. Sub. H.B. 650 of the
122nd General Assembly, as subsequently amended.
(2) A district's composite state funding for fiscal year
2002 equals its state basic aid for that year plus the amounts
calculated for the district that year under this section, division
(D) of section 3317.022, sections 3317.0216 and 3317.0217, and
division (C) of section 3317.04 of the Revised Code.
(D)(1) The state basic aid guarantee in any fiscal year for
a
school district with a formula ADM of one hundred fifty or less
shall
be the greatest of the following amounts:
(a) The district's state basic aid for the fiscal year;
(b) The district's fundamental FY 1998 state aid;
(c) The district's fundamental FY 1997 state aid.
(2) If in any fiscal year the state basic aid for a school
district with a
formula ADM of one hundred fifty or less is less
than the guarantee
amount determined for the district under
division
(D)(1) of this
section, the department of education
shall
pay the district the amount of the
difference.
Sec. 3317.0213. No money shall be distributed under this
section after
fiscal year
2002
2005.
(A) As used in this section:
(1) "ADM" for any school district means:
(a) In fiscal year 1999, the
FY 1998 ADM;
(b) In fiscal years 2000 through
2002
2005, the
formula ADM
reported for the previous fiscal year.
(2) "Average taxable value" means the average of
the amounts
certified for a district in the second, third, and
fourth
preceding fiscal years under divisions (A)(1) and (2) of
section
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means:
(a) In fiscal
year 1999, the district's average taxable
value,
divided by the
district's FY 1998
ADM;
(b) In a fiscal year
that occurs after fiscal year 1999, the
district's average
taxable value,
divided by the district's
formula ADM for the preceding fiscal year.
(4) "Threshold valuation" means:
(a) In fiscal year 1999, the
adjusted valuation per pupil of
the school
district with the two hundred twenty-ninth lowest
adjusted valuation per pupil
in the state, according to data
available at the time of the computation
under division (B) of
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil of
the
district with the one hundred ninety-sixth lowest
such
valuation in the state;
(c) In fiscal year 2001, the adjusted valuation per pupil of
the
district with the one hundred sixty-third lowest such
valuation in the state;
(d) In fiscal
year
years 2002
through 2005, the adjusted
valuation per pupil of the
district with the
one-hundred-eighteenth lowest such valuation in the state.
(5) "Adjusted valuation per pupil" for a district means an
amount calculated in accordance with the following formula:
The district's valuation per pupil -
($30,000 X (one minus thedistrict's income factor))(6) "Millage rate" means .012 in fiscal year 1999, .011 in
fiscal
year 2000, .010 in fiscal year 2001, and .009 in fiscal
year
years 2002
through 2005.
(7) "Payment percentage" equals 100% prior
to fiscal year
2003, 75% in fiscal year 2003,
50% in fiscal year 2004, 25% in
fiscal year 2005, and zero after fiscal
year 2005.
(B) Beginning in fiscal year 1993, during August of each
fiscal year, the department of education shall distribute to each
school district meeting the requirements of section 3317.01 of
the
Revised Code whose adjusted valuation per pupil is less than
the
threshold valuation, an amount calculated in accordance with
the
following formula:
(The threshold valuation -
the district's
adjusted valuation per pupil)
Xmillage rate X ADM
X the payment percentage
Sec. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current
expenses"
means the sum of the taxes charged and payable as
certified under
division (A)(3)(a) of section 3317.021 of the
Revised Code less
any amounts reported under division (A)(3)(b) of that
section,
and
the tax distribution for the preceding year under any school
district income tax levied by the district pursuant to
Chapter
5748. of the Revised Code to the extent the
revenue from the
income tax is allocated or apportioned to current
expenses.
(2)
"State equalization enhancement payments" means any
payment made to a
school district pursuant to section 3317.0215 of
the Revised
Code for the preceding fiscal year.
(3) "Charge-off amount" means the product obtained by
multiplying two and three-tenths per cent by
adjusted total
taxable value
recognized valuation.
(4) "Total receipts available for current expenses" of
a
school district means the sum of total taxes charged and
payable
for current expenses and the district's state equalization
enhancement
payments.
(5) "Local share of special education and related services
additional
weighted costs" has the
same meaning
as in division
(C)(3) of section 3317.022 of the Revised Code.
(6) "Local share of vocational education and associated
services
additional weighted costs" for each school district means
the amount
determined as follows:
(1 - state share percentage as defined in section3317.022 of the Revised Code) X [(total vocationaleducation weight as defined in that section Xthe formula amount) + the district's payment under division
(E)(2)
of section 3317.022 of the Revised Code]
(3) Until fiscal year 2003, the "actual local share of
special education,
transportation, and vocational education
funding" for any school
district means the sum of the district's
attributed local shares
described in divisions (F)(1) to (3) of
section 3317.022 of the
Revised Code. Beginning in fiscal year
2003, the "actual local share of special education,
transportation, and vocational education funding" means that sum
minus the amount of any excess cost supplement
payment calculated
for the district under division (F) of
section 3317.022 of the
Revised Code.
(B) Upon receiving the certifications under section 3317.021
of
the Revised Code, the department of education shall determine
for each city,
local, and exempted village school district whether
the
district's charge-off amount is greater than the district's
total
receipts available
taxes charged and payable for current
expenses, and if it is,
shall pay the district the amount of the
difference. A payment shall not be
made to any school district
for which the computation under division
(A) of section 3317.022
of the Revised Code
equals zero.
(C)(1) If a district's charge-off amount is equal to or
greater
than its total
receipts available
taxes charged and
payable for current expenses, the
department shall, in addition to
the payment required under
division (B) of this section, pay the
district the amount of
the
its actual local share of special
education
and related services
additional weighted costs,
transportation, and
the amount of the local share of vocational
education
and associated services additional weighted costs
funding.
(2) If a district's charge-off amount is less than its
total
receipts available
taxes charged and payable for current expenses,
the department
shall pay the district any amount by
which
the sum
of its
actual local share of
special education
and related
services additional weighted costs plus its
local share of,
transportation, and vocational education
and associated services
additional
weighted costs
funding exceeds its
total
receipts
available
taxes charged and payable for current expenses minus its
charge-off amount.
Sec. 3317.0217. The department of education shall annually
compute and pay state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each
school
district in accordance with the following formula:
Payment percentage X (threshold local wealth per pupil - the
district's local wealth per pupil) X 0.0095(1) "Payment percentage," for purposes of division (C) of
this section, equals 20% in
fiscal year 2002, 40%
in fiscal year
2003, 60% in fiscal year 2004, 80% in fiscal year
2005, and 100%
after
fiscal year 2005.
(2) Nine and one-half mills (0.0095) is the general
assembly's
determination of the average number of effective
operating mills
that districts in the seventieth to ninetieth
percentiles of
valuations per pupil collected in fiscal year 2001
above the
revenues required to finance their attributed local
shares of the
calculated cost of an adequate education. This was
determined by
(a) adding the district revenues from operating
property tax
levies and income tax levies, (b) subtracting from
that total the
sum of (i) twenty-three mills times adjusted
recognized valuation
plus (ii) the attributed local shares of
special education,
transportation, and vocational education
funding as described in
divisions (F)(1) to (3) of section
3317.022 of the Revised Code,
and (c) converting the result to an
effective operating property
tax rate.
(3) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a DPIA index of 1.0 or greater, and a
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X
(1 - income factor) X 4/15 X 0.023(1) "DPIA index" has the same meaning as in section 3317.029
of the Revised Code
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(E) Pay each district that has a combination of an income
factor 1.0 or less, a DPIA index of 1.0 or greater, and a
cost-of-doing-business factor of 1.0375 or greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its
formula ADM.
Every six years, the general assembly shall redetermine,
after considering the report of the committee appointed under
section 3317.012 of the Revised Code, the average number of
effective operating mills that districts in the seventieth to
ninetieth percentiles of valuations per pupil collect above the
revenues required to finance their attributed local shares of the
cost of an adequate education.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval by the state board of
education
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
category one special education
services, described in division (A)
of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
category two special
education services,
described in division
(B)
of section 3317.013 of the
Revised Code;
(7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
identified
as having any of the handicaps
specified in division
(F)(3)
of
section
3317.02
of the Revised Code;
(8) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center;
(9) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center;
(10) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(11)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
category one special
education services,
described in
division (A) of
section 3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
category two special
education services,
described in
division (B) of
section 3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
category three special
education
services, described in
division
(F)(3) of section
3317.02 of the Revised
Code.
(C) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(9) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section. No child
shall be
counted as more than a total of one child in the
sum of
the average daily memberships of a
school district under division
(A), divisions
(B)(1) to (9), or division (D) of this
section,
except as follows:
(1) A child with a handicap described in section 3317.013
or
division
(F)(3) of section 3317.02 of the Revised Code may be
counted both in formula
ADM and in category one, two,
or three
special education
ADM and, if applicable, in
category one or two
vocational education
ADM. As provided in
division (C) of section
3317.02 of the Revised Code,
such a child
shall be counted in
category one, two,
or three special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(2) A child enrolled in vocational education programs or
classes described
in section 3314.014 of the Revised Code may be
counted both in formula ADM and
category one or two vocational
education ADM and, if applicable, in
category one, two,
or three
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM in
the
same proportion as the
percentage of time that the child spends in
the
vocational
education programs or classes.
Based on the information reported
under this section, the
department of education shall determine the total
student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which shall
consist of
the average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the district,
except that the following categories
of students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children receiving
category one special
education services, described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving
category two special
education
services, described in
division (B) of section 3317.013
of the Revised Code;
(d) Handicapped children
identified as having any of the
handicaps
specified in division (F)(3) of section
3317.02 of the
Revised Code;
(e) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(f) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4)(b) of
this section elects to
enroll in special courses organized for
veterans for whom tuition is paid under the provisions of federal
laws, or otherwise, that veteran shall not be included in
average
daily membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in division (B)(2) of this section,
the
average daily membership figure of any local, city,
exempted
village, or joint vocational school district shall be
determined
by dividing
the figure representing the sum of the number of
pupils enrolled during each
day the school of attendance is
actually open for
instruction during the first full school week in
October by the total number
of days the school was actually open
for instruction during that
week. For purposes of state funding,
"enrolled" persons are only
those pupils who are attending school,
those who have attended
school during the current school year and
are absent for
authorized reasons, and those handicapped children
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with
section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
state board of education
determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
board shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount
computed
in the manner prescribed in section
3317.161
3317.052 or 3317.19
and section
3317.162
3317.053 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the average
daily
membership of all handicapped children in classes or
programs
approved annually by the state board of education, in the
manner prescribed
by the superintendent of public instruction.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved by the state
board of education
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
and units
approved under division
(D)(1) of
under section
3317.05
3317.20 of
the Revised Code for each
school district that has placed children
in the classes
or units;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If during the first full school week in February the
average daily membership of the classes or units maintained by
the
county MR/DD board that are eligible for approval under
division
(D)(1) of section 3317.05
of the Revised Code is greater
than the
average daily membership for the preceding October, the
superintendent of the board shall make the certifications
required
by this section for such week.
(b) If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(c)(b) If the state board determines that additional classes
or units can be
approved for the fiscal year within any
limitations set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
or (b) of this section, the board shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For each
unit so approved, the department of
education shall pay an amount
computed in the manner prescribed in
sections
3317.161
3317.052 and
3317.162
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974 through
3313.979 of the Revised Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.161
3317.052 and
3317.162
3317.053 of the
Revised Code, the state board of
education shall determine for
each institution, by the last day of
January of each year and
based on information certified under
section 3317.03 of the
Revised Code, the number of
vocational education units or
fractions of units
approved by the state board on the basis of
standards
and rules adopted by the state board. As used in this
division,
"institution" means an institution operated by a
department specified in
section 3323.091 of the Revised Code and
that provides
vocational education programs under the supervision
of the
division of vocational education of the department of
education
that meet the standards and rules for these programs,
including
licensure of professional staff involved in the
programs, as
established by the state board of education.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
3317.161,
3317.162, and 3317.19 of
the
Revised Code, the state board shall
determine, based
on
information certified under section 3317.03 of the Revised
Code,
the following by the last day of January of each
year for each
educational
service center, for each school district, including
each
cooperative education school district, for each institution
eligible for payment under section 3323.091 of
the Revised Code,
and for each county MR/DD board: the number of
classes operated
by the school district, service center, institution, or
county
MR/DD board for
handicapped preschool
children, or fraction
thereof, including in the case of a district
or service center
that is a funding agent, classes taught by a
licensed teacher
employed by that district or service center under section
3313.841
of the Revised Code, approved annually by the state
board on the
basis of standards and rules adopted by
the state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
3317.161, 3317.162, and 3317.19 of
the
Revised
Code, the state board shall determine, based on
information certified
under section 3317.03 of the Revised
Code,
the following by the last
day of January of each year for
each
school district, including each cooperative education
school
district, for each institution eligible for payment under
section
3323.091 of the Revised Code, and for each county
MR/DD board:
the
number of
preschool handicapped related services units for
child
study,
occupational, physical, or speech and hearing
therapy,
special
education supervisors, and special education
coordinators
approved annually by the state board on the basis
of
standards and
rules adopted by the state board.
(D) For the purpose of
calculating payments under sections
3317.161
3317.052 and
3317.162
3317.053 of the
Revised Code, the
state board shall determine, based on
information certified under
section 3317.03 of the Revised
Code, the following by the last day
of January of each year for
each institution
eligible for payment
under section 3323.091 of the
Revised Code, and for each county
MR/DD board:
(1) The number of classes operated by an institution
or
county
MR/DD board for handicapped
children other than handicapped
preschool children, or fraction
thereof, approved annually by the
state board on
the basis of standards and rules adopted by the
state board;
(2) The number of related services units for children
other
than handicapped preschool children for child study,
occupational,
physical, or speech and hearing therapy, special
education
supervisors, and special education coordinators
approved annually
by the state board on the basis
of standards and rules adopted by
the state board.
(E) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually by the state board under this
section shall not exceed
the number of units included in the state
board's estimate of
cost for these units and
appropriations made
for them by the
general assembly.
In the case of units described in division
(D)(1) of this
section operated by
county MR/DD
boards and institutions
eligible
for payment under section 3323.091 of the Revised Code,
the state
board shall approve only units for persons
who are under age
twenty-two on the first day of the academic
year, but not less
than six years of age on the thirtieth day of
September of that
year, except that such a unit may
include one or more children who
are under six years of age on
the thirtieth day of September if
such children have been
admitted to the unit pursuant to rules of
the state
board. In the case of handicapped preschool units
described in division (B) of this section operated by
county MR/DD
boards and
institutions eligible for payment under section
3323.091 of the
Revised Code, the state board shall approve only
preschool units
for children who are under age six but not less
than age three on
the thirtieth day of September of the academic
year, except that
such a unit may include one or more children who
are under age
three or are age six or over on the thirtieth day of
September if
such children have been admitted to the unit pursuant
to rules of
the state board of education. The number of units for
county MR/DD
boards and institutions eligible
for payment under
section 3323.091 of the Revised Code approved
by the state board
under this section shall not exceed the number that
can be funded
with appropriations made for such purposes by the general
assembly.
No unit shall be approved under divisions (B)
to (D) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(F) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(P) of section 3317.024 or division (A)(2)
of section
3317.161
3317.052 of the Revised Code shall not be approved for
state
funding in one school
district, including any cooperative
education school district or any educational service
center, to
the extent that such unit provides programs in or services to
another district which receives payment pursuant to section
3317.04 of the
Revised Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
handicapped preschool
programs pursuant to
section 3317.05 of the Revised Code, and
such
combined partial units may be approved for state funding in one
school
district or service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD board solely for the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.161
3317.052. As used in this section,
"institution"
means an institution operated by a department
specified in section 3323.091
of the Revised Code.
(A)(1) The department of education
shall pay each school
district, educational service center,
institution eligible for
payment under section 3323.091 of the Revised Code,
or county
MR/DD board an amount for the total of
all classroom units for
handicapped preschool children approved under division
(B) of
section 3317.05 of the Revised Code. For each unit, the amount
shall be the sum of the minimum salary for the teacher of the
unit, calculated on the basis of the teacher's training level
and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the
Revised
Code
in effect prior
to the effective date of this amendment, plus fifteen per cent of
that minimum salary
amount, and
eight thousand twenty-three
dollars.
(2) The department shall pay each school district,
educational service
center, institution eligible for payment under
section 3323.091 of the Revised
Code, or county MR/DD board an
amount for the total
of all related services units for handicapped
preschool children approved
under division (C) of section 3317.05
of the Revised Code. For each such
unit, the amount shall be the
sum
of the minimum salary for the teacher of the unit calculated
on the basis of
the teacher's training level and years of
experience pursuant to
the salary schedule prescribed in the
version of section
3317.13 of the Revised Code
in effect prior to
the effective date of this amendment,
fifteen per cent of that
minimum salary amount,
and two thousand
one hundred thirty-two
dollars.
(B) If a school district
or, educational service center
has
had additional handicapped preschool units approved for the
year
under division (F)(2) of section 3317.03 of the Revised
Code, or
if a county MR/DD board has had additional
handicapped preschool
units approved
for the year under division
(F)(2) or (G)(3) of
section
3317.03 of the Revised Code, the district, educational
service
center, or board shall receive an additional amount during
the
last half of the fiscal year. For each district, center, or
board, the
additional amount for each unit shall equal fifty per
cent of the
amounts computed for the unit in the manner prescribed
by
division (A) of this section and division (C) of section
3317.162
3317.053 of the Revised Code.
(C)(1) The department shall pay each institution eligible
for payment under
section 3323.091 of the Revised Code or
county
MR/DD board an amount for the
total of all special education units
approved under division
(D)(1) of section 3317.05 of the Revised
Code. The amount for each unit
shall be the sum of the minimum
salary for the teacher of the
unit, calculated on the basis of the
teacher's training level
and years of experience pursuant to
the
salary schedule prescribed in the version of
section 3317.13 of
the Revised
Code
in effect prior to the effective date of this
amendment, plus fifteen per cent of
that
minimum salary amount,
and eight thousand twenty-three
dollars.
(2) The department shall pay each institution eligible for
payment under
section 3323.091 of the Revised Code
or county MR/DD
board an amount
for the total of all related services units
approved under division
(D)(2) of section 3317.05 of the Revised
Code. The amount for each unit
shall be the sum of the minimum
salary for the teacher of the
unit, calculated on the basis of the
teacher's training level
and years of experience pursuant to
the
salary schedule prescribed in the version of
section 3317.13 of
the
Revised Code
in effect prior to the effective date of this
amendment, plus fifteen per cent of
that
minimum salary amount,
and two thousand one hundred
thirty-two
dollars.
(3) If a county MR/DD board has had additional units for
handicapped children other than handicapped
preschool children
approved under division (G)(3) of
section 3317.03 of the Revised
Code, the board shall receive
an additional amount during the last
half of the fiscal year.
For each board, the additional amount
for each unit shall equal
fifty per cent of the amount computed
for the unit in the manner
prescribed by division (C)(1) of this
section and division (C) of
section 3317.162 of the Revised Code.
(D) The department shall
pay each institution approved for
vocational education units
under division (A) of section 3317.05
of the Revised
Code an amount for the total of
all the units
approved under that division. The amount for each
unit shall be
the sum of the minimum salary for the teacher of
the unit,
calculated on the basis of the teacher's training
level and years
of experience pursuant to
the salary schedule prescribed in the
version of section 3317.13 of the
Revised Code
in effect prior to
the effective date of this amendment,
plus fifteen per cent of
that minimum salary amount, and nine
thousand five hundred ten
dollars.
Sec. 3317.162
3317.053. (A) As used in this section:
(1)
"State share percentage" has the same meaning as in
section 3317.022
of the Revised Code.
(2)
"Dollar amount" means the amount shown in the following
table for the corresponding type of unit
and the appropriate
fiscal year:
|
|
|
FY 2000
|
|
FY 2001 |
|
TYPE OF UNIT |
|
FY 2002 |
|
FY 2003 |
|
Division (B) of section 3317.05 of the Revised Code |
|
$8,334 |
|
$8,334 |
|
Division (C) of that section |
|
$3,234 |
|
$3,234 |
|
Division (F) of that section |
|
$4,550 |
|
$5,550 |
|
|
|
$6,550 |
|
$7,550 |
(3)
"Average unit amount" means the amount shown in the
following table for the corresponding type of unit:
|
|
|
FY 2000
|
|
FY 2001 |
|
TYPE OF UNIT |
|
FY 2002 |
|
FY 2003 |
|
Division (B) of section 3317.05 of the Revised Code |
|
$7,799 |
|
$7,799 |
|
Division (C) of that section |
|
$2,966 |
|
$2,966 |
|
Division (F) of that section |
|
$4,251 |
|
$5,251 |
|
|
|
$6,251 |
|
$7,251 |
(B) In the case of each unit described in division (B),
(C),
or (F) of section
3317.05 of the Revised Code and allocated to a
city, local, or exempted village school district, the
department
of education, in addition to the
amounts specified in division (P)
of
section 3317.024 and sections
3317.161
3317.052 and 3317.19
of
the Revised Code, shall
pay a supplemental unit allowance equal to
the
sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for
the unit;
(2) An amount equal to the percentage of the dollar amount
for the unit that
equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a
school district's
aid computed under section 3317.022 of the
Revised Code is recomputed
pursuant to section 3317.027 or
3317.028 of the Revised
Code, the department shall also recompute
the district's entitlement to
payment under this section utilizing
a new state share percentage.
Such new state share percentage
shall be determined using the
district's recomputed basic aid
amount pursuant to section
3317.027 or 3317.028 of the Revised
Code. During the last six months of the
fiscal year, the
department shall pay the district a sum equal to one-half of
the
recomputed payment in lieu of one-half the payment otherwise
calculated
under this section.
(C)(1) In the case of each unit allocated to an institution
pursuant to
division (A) of section
3317.05 of the Revised Code,
the
department, in addition to the amount specified in
section
3317.161
3317.052 of the Revised Code, shall
pay a supplemental
unit allowance of $7,227.
(2) In the case of each unit described in division (B) or
(D)(1) of section 3317.05 of the Revised
Code that is allocated to
any entity other than a city, exempted village, or
local school
district, the department, in addition to
the amount specified in
section
3317.161
3317.052 of the Revised Code, shall pay a
supplemental unit allowance of $7,799.
(3) In the case of each unit described in division (C)
or
(D)(2) of section 3317.05 of the Revised
Code and allocated to any
entity other than a city, exempted village, or local
school
district, the department, in addition to the
amounts specified in
section
3317.161
3317.052 of the Revised Code, shall pay a
supplemental unit allowance of $2,966.
(4) In the case of each unit described in division (F)
of
section 3317.05 of the Revised Code and allocated
to an
educational service center,
the department, in addition to the
amounts specified
in division (P) of section 3317.024
of the
Revised Code, shall pay a supplemental unit
allowance of
$4,251
$6,251 in
fiscal year
2000
2002 and
$5,251
$7,251 in fiscal year
2001
2003.
Sec. 3317.06. Moneys paid to school districts under
division
(L) of section 3317.024 of the Revised Code shall
be used
for the
following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have
been
approved by the superintendent of public
instruction for use in
public schools in the state and to loan
such textbooks or electronic
textbooks to pupils
attending
nonpublic schools within the district or to their
parents and to
hire clerical personnel to administer such lending
program. Such
loans shall be based upon individual requests
submitted by such
nonpublic school pupils or parents. Such
requests shall be
submitted to the school district in which the
nonpublic school is
located. Such individual requests for the
loan of textbooks or
electronic textbooks shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to
the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book
substitute that a
pupil uses as a consumable or
nonconsumable text, text substitute,
or text
supplement in a
particular class or program in the school
the pupil regularly
attends.
(2) "Electronic textbook" means computer software,
interactive
videodisc, magnetic media, CD-ROM, computer
courseware,
local and remote computer assisted instruction,
on-line service, electronic
medium, or other means of conveying
information to the student or otherwise
contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools, in public centers, or in mobile units
located on
or off of the nonpublic premises. If such services are
provided in the public
school or in public centers, transportation
to and from such facilities
shall be provided by the school
district in which the nonpublic
school is located.
(F) To provide guidance and counseling services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools, in
public centers, or
in mobile units located on or off of the
nonpublic premises. If such
services are provided in the public
school or in public centers,
transportation to and from such
facilities shall be provided by
the school district in which the
nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in
mobile units located on or off of the nonpublic
premises. If such
services are provided in
the public school or
in public centers, transportation to and
from such facilities
shall be provided by the school district in
which the nonpublic
school is located.
(H) To supply for use by pupils attending nonpublic
schools
within the district such standardized tests and scoring
services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile
units located
on or
off of
the nonpublic premises. If such
programs are provided in the public school or
in public centers,
transportation to and from such facilities
shall be provided by
the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase
or lease any secular, neutral, and
nonideological
computer software (including site-licensing),
prerecorded
video
laserdiscs, digital video on demand (DVD),
compact discs, and
video cassette cartridges, wide area
connectivity and
related
technology as it relates to internet
access, mathematics or
science
equipment and
materials,
instructional materials, and
school library materials
that are in
general use in the public
schools of the
state and loan such items
to pupils attending
nonpublic schools within the district or to
their parents, and to
hire clerical personnel to administer the
lending program. Only
such items that are incapable of diversion
to
religious
use and
that are susceptible of loan to individual
pupils and are
furnished for the use of individual pupils shall be
purchased and
loaned under this division. As used in this
section,
"instructional
materials" means prepared learning
materials that
are secular, neutral, and
nonideological in
character and are of
benefit to the instruction of school
children, and may include
educational resources and services
developed by the
Ohio schoolnet
commission.
(L) To purchase
or lease instructional equipment, including
computer
hardware and
related equipment in general use in the
public
schools of the state, for
use
by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to
hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the
provision of
services
pursuant to divisions (E), (F), (G),
and (I)
of this
section and to pay for necessary repairs and operating
costs
associated
with these units.
Clerical and supervisory personnel hired pursuant to
division
(J) of this section shall perform their services in the
public
schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil,
except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with
educational service centers,
the
department of health, city or general health districts, or
private
agencies whose personnel are properly licensed by an
appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions
(E),
(F), (G), and (I) of this section shall be provided by the
school
district from its general funds and not from moneys paid
to it
under division (L) of section 3317.024 of the Revised
Code unless
a special transportation request is submitted by the
parent of the
child receiving service pursuant to such divisions.
If such an
application is presented to the school district, it
may pay for
the transportation from moneys paid to it under
division (L) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services
to nonpublic school pupils as authorized by this section
unless
such services are available to pupils attending the public
schools
within the district.
Materials, equipment, computer hardware or software,
textbooks,
electronic textbooks, and
health and remedial services
provided for the benefit of
nonpublic school pupils pursuant to
this section and the
admission of pupils to such nonpublic schools
shall be provided
without distinction as to race, creed, color, or
national origin
of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment
that contain religious content for use in
religious
courses, devotional exercises, religious training, or
any other
religious activity.
As used in this section, "parent" includes a person
standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments
shall be made under this section to any city, local, or
exempted
village school district within which is located one or
more
nonpublic elementary or high schools
and any payments made to
school districts under division (L) of section 3317.024 of the
Revised Code for purposes of this
section may be disbursed without
submission to and approval of the
controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local,
and exempted village school districts
shall be on the basis of
the state board of education's estimated
annual average daily
membership in nonpublic elementary and high
schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for
the same purposes and in the same manner as the payments may
be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may
be transferred to the auxiliary services personnel
unemployment
compensation fund established pursuant to section
4141.47 of the
Revised Code. The department shall also adopt
guidelines and
procedures limiting the purchase and loan of
the items
described
in division (K) of
this section to items that are in general use
in the public
schools of the state, that are incapable of
diversion to
religious use, and that are susceptible to individual
use rather
than classroom use. Within thirty days after the end
of each
biennium, each board of education shall remit to the
department
all moneys paid to it under division (L) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are
not required to pay expenses incurred under this
section during
the biennium for which the money was appropriated
and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as
provided in section 4141.47 of
the Revised Code.
Sec. 3317.064. (A) There is hereby established in the
state
treasury the auxiliary services mobile unit replacement and
repair
fund. By the thirtieth day of January of each
odd-numbered
year,
the director of job and family services and the
superintendent
of
public instruction shall
determine the amount of
any excess moneys
in the auxiliary
services personnel unemployment
compensation fund
not reasonably
necessary for the purposes of
section 4141.47 of
the Revised
Code, and shall certify such amount
to the director of
budget and
management for transfer to the
auxiliary services
mobile unit
replacement and repair fund. If
the director of
jobs
job and family services and the
superintendent disagree on such
amount, the director of budget and
management shall
determine the
amount to be transferred.
(B) Moneys in the auxiliary services mobile unit
replacement
and repair fund shall be used for the relocation or for the
replacement and
repair of mobile units used to provide the
services
specified in division (E), (F), (G), or (I) of section
3317.06 of the
Revised Code
and for no other purposes. The state
board of
education shall adopt guidelines and procedures for
replacement, repair, and
relocation of mobile units and
the
procedures under which a
school district may apply to receive
moneys with which to repair
or replace or relocate such units.
(C) School districts may apply to the department for moneys
from the auxiliary services mobile unit replacement and repair
fund for payment of incentives for early retirement and severance
for school district personnel assigned to provide services
authorized by section 3317.06 of the Revised Code at chartered
nonpublic schools. The portion of the cost of any early
retirement or severance incentive for any employee that is paid
using money from the auxiliary services mobile unit replacement
and repair fund shall not exceed the percentage of such employee's
total service credit that the employee spent providing services
to chartered nonpublic school students under section 3317.06 of
the Revised Code.
Sec. 3317.11. (A) Annually, on or before a date designated
by the state
board of education, each educational service center
governing board shall prepare
a budget of operating expenses for
the ensuing year for the
service center on forms prepared and
furnished by the
state board of education and shall certify the
budget to the
state board of education, together with such other
information as
the board may require. Such budget shall consist
of two parts.
Part (A) shall include the cost of the salaries,
employers
retirement contributions, and travel expenses of
supervisory
teachers approved by the state board of education.
The
amount
derived from the calculation for such units in part (A)
of
the
governing board budget shall be the sum of:
(1) The sum of the minimum salaries calculated, pursuant
to
section 3317.13 of the Revised Code, for each approved
licensed
employee of the governing board;
(2) An additional salary allowance proportional to the
length of the extended term of service not to exceed three months
for each supervisory and child study teacher whose term of
service
in any year is extended beyond the terms of service of
regular
classroom teachers;
(3) An allowance equal to fifteen per cent of the amount
computed under division (A)(1) of this section;
(4) An allowance for necessary travel expenses, for each
of
the personnel approved in part (A) of the budget, limited to
two
hundred twenty-three dollars and sixteen cents per month, or
two
thousand six hundred seventy-eight dollars per year per
person
employed, whichever is the lesser.
Part (B) shall include
the cost of all other lawful
expenditures of the governing board. The state
board of education
shall review such budget and may approve, increase, or
decrease
such budget.
The governing board shall be reimbursed by the
state board of
education from state funds for the cost of part
(A) of the budget.
The governing board shall be reimbursed by the state
board of
education, from state funds for
the cost of part (B) of the
approved budget that is in excess of
six dollars and fifty cents
times the service center ADM. If
the governing board
provides
services to city or exempted village school districts
pursuant to
section 3313.843 of the Revised Code, the governing
board shall be
reimbursed from state funds for the cost of part
(B) of the budget
that is in excess of six dollars and fifty
cents times the sum of
the service center ADM and the
client ADMs of the city or exempted
village districts to which such services are provided. The cost
of part (B) not in excess of six dollars and fifty cents times
the
number of such ADM shall be apportioned by the state board of
education among the local school districts in the territory of the
service
center, or among all districts to
which the governing
board
provides services, on the basis of the total number of
pupils in
each school district.
If part (B) of the budget is in excess of that approved by
the state board of education, the excess cost shall be
apportioned
by the state board of education among the local
school districts
in the territory of the
service center on the basis of
the total
number of such pupils in each such school district,
provided that
a majority of the boards of education of such local
school
districts approve such apportionment. The state board of
education shall initiate and supervise the procedure by which the
local boards shall approve or disapprove such apportionment.
The amounts so apportioned shall be certified to the
treasurers of the various school districts. In the case of each
district such amount shall be deducted by the state board of
education from funds allocated to the district pursuant to
division (E) of section 3317.023 of the Revised Code.
The state board of education shall certify to the director
of
budget and management for payment the total of the deductions,
whereupon the amount shall be paid to the governing board
of each
service center, to be
deposited to the credit of a
separate fund,
hereby created, to be known as the educational
service center
governing board fund.
An educational service center may provide special
education
to students
in its local districts or in client districts. A
service center is
eligible for funding under division
(J) of
section 3317.024 of
the Revised Code and eligible for state
subsidies for the purchase of school buses under section 3317.07
of the Revised Code. Special education units for gifted
children
may be operated by a governing board. Vocational education may be
provided by a governing board. A
governing board may conduct
driver education for pupils
enrolled in a high school for which
the state board of education
prescribes minimum standards.
Every local school district shall be provided supervisory
services by its governing board as approved by the
state board of
education. A city or exempted village school
district shall be
considered to be provided supervisory services
by a governing
board if it has
entered into an agreement for the governing board
to
provide any services under section 3313.843 of the Revised
Code. Supervisory
services shall
not exceed one supervisory
teacher for the first fifty classroom
teachers employed in all
districts that are provided supervisory
services calculated under
section 3317.023 of the Revised Code
and one supervisory teacher
for every additional one hundred such
classroom teachers so
calculated. Reimbursement for such
supervisory services shall be
a deduction by the state board of
education from the payment to
the school district pursuant to
division (E) of section 3317.023
of the Revised Code. Deductions for all
supervisory services and
extended services for
supervisory and child study shall be
apportioned among local school districts within the territory of
the service
center and any city or exempted village districts that
have
entered into agreements with a service center pursuant to
section 3313.843 of the Revised Code by the state board of
education on the basis of the total number of pupils in each
school district, except that where such services are provided to
districts other than local school districts within the
service
center territory and city or exempted village districts having
agreements with the service center, such charges shall be
apportioned among
all participating districts on the basis of the
total number of
pupils in each school district. All deductions
from state
funding to school districts required for reimbursement
of
governing boards by division (E) of section 3317.023 of the
Revised Code shall be made from the total of the payment computed
for the
district
under this
chapter, after
making any other
adjustments in that payment required by law.
(B)(1) In addition to the payments made under division (A)
of
this section, except as otherwise provided in division
(C) of
this
section, the department of education shall pay each governing
board
the
amount
in the following schedule for the specified
fiscal year,
thirty-seven dollars times
the sum of the
service
center ADM and the sum of
the client ADMs of all its client
districts:
(a) In fiscal year 2000, thirty-six dollars;
(b) In
in fiscal
year 2001, thirty-seven dollars
years 2002
and 2003.
(2) In addition to other payments under this section, the
department shall pay each educational service center the amounts
due to it
from school districts pursuant to contracts, compacts,
or agreements under
which the service center furnishes services to
the districts or their
students. In order to receive payment
under this division, an educational
service center shall furnish
either a copy of the applicable contract,
compact, or agreement
clearly indicating the amounts of the payments, or a
written
statement of the payments owed signed by the superintendent or
treasurer of the responsible school district.
The amounts paid to service centers under division (B)(2) of
this
section shall be deducted from payments to school districts
pursuant to
division (K)(2) of section 3317.023 of the Revised
Code.
(C) Each multicounty service center shall receive
a payment
each fiscal year
equal to forty dollars and
fifty-two cents times
the sum of the service center ADM
and the client ADMs of all its
client districts.
(D) Each city, exempted village, local, joint vocational,
or
cooperative education school district shall
pay to the governing
board of an educational service center any amounts agreed
to for
each child enrolled in the district who receives special education
and
related services or vocational education from the educational
service center.
(E) As used in this section:
(1)
"Service center ADM" means the
total of each of the
following for all local school districts within the
limits of an
educational service center's territory:
(b) The kindergarten average daily
membership included in
the formula ADM;
(c) Three-quarters of the number of students reported under
division (B)(4)
of section 3317.03 of the Revised Code;
(d) The average daily membership of handicapped
preschool
children reported under division
(B)(2) of section 3317.03 of the
Revised Code;
(e) The number of preschool students certified under
division (B) of section 3317.032 of the Revised Code.
(2)
"Client ADM" means the total of
each number described
under divisions (E)(1)(a) to
(e) of this section for a client
district.
(3)
"Client district" means a city or exempted village
school
district
that has entered into an agreement to receive
services
from a service center
pursuant to section 3313.843 of the
Revised
Code.
(4)
"Multicounty service center" means a service center that
includes
territory that formerly was included in the territory of
at least three former
service centers or county school districts,
which former centers or districts
engaged in one or more mergers
pursuant to section 3311.053 of the
Revised Code to form the
present center.
Sec. 3317.13. (A) As used in this section and section
3317.14 of the Revised Code:
(1) "Years of service" includes the following:
(a) All years of teaching service in the same school
district or educational service center, regardless of training
level,
with each year consisting
of at least one hundred twenty
days under a teacher's contract;
(b) All years of teaching service in a chartered,
nonpublic
school located in Ohio as a teacher licensed pursuant
to section
3319.22 of the Revised Code or in another public
school,
regardless of training level, with each year consisting
of at
least one hundred twenty days under a teacher's contract;
(c) All years of teaching service in a chartered school or
institution or a school or institution that subsequently became
chartered or a chartered special education program or a special
education program that subsequently became chartered operated by
the state or by a subdivision or other local governmental unit of
this state as a teacher licensed pursuant to section 3319.22 of
the Revised Code, regardless of training level, with each year
consisting of at least one hundred twenty days; and
(d) All years of active military service in the armed
forces
of the United States, as defined in section
3307.75 of the
Revised
Code, to a maximum of five years. For purposes of this
calculation, a partial year of active military service of eight
continuous months or more in the armed forces shall be counted as
a full year.
(2) "Teacher" means all teachers employed by the board of
education of any school district, including any
cooperative
education or joint vocational school district and all
teachers
employed by any educational service center governing board.
(B) No teacher shall be paid a salary less than that
provided in the schedule set forth in division (C) of this
section. In calculating the minimum salary any teacher shall be
paid pursuant to this section, years of service shall include the
sum of all years of the teacher's teaching service included in
divisions (A)(1)(a), (b), (c), and (d) of this section; except
that any school district or educational service center employing a
teacher new to the district or educational service center shall
grant
such teacher a total of not more than ten years of service
pursuant to
divisions (A)(1)(b), (c), and (d) of this section.
Upon written complaint to the superintendent of public
instruction that the board of education of a district or the
governing
board of an educational service center governing board
has failed
or refused to annually adopt a salary schedule or to
pay salaries
in accordance with the salary schedule set forth in
division (C)
of this section, the superintendent of public
instruction shall
cause to be made an immediate investigation of
such complaint.
If the superintendent finds that the conditions
complained of
exist, the superintendent shall order the board to
correct
such conditions within
ten days from the date of the
finding. No moneys shall be
distributed to the district or
educational service center under this
chapter until the
superintendent has satisfactory evidence of the board of
education's full compliance with such order.
Each teacher shall be fully credited with placement in the
appropriate academic training level column in the district's
or
educational service center's salary schedule with years of service
properly credited pursuant
to this section or section 3317.14 of
the Revised Code. No rule
shall be adopted or exercised by any
board of education or educational
service center governing board
which restricts the placement or the
crediting of annual salary
increments for any teacher according to the
appropriate academic
training level column.
(C) Minimum salaries exclusive of retirement and sick
leave
for teachers shall be as follows:
|
|
Teachers |
|
|
|
Teachers with |
|
Teachers |
Years |
|
with Less |
|
Teachers with |
|
Five Years of |
|
with |
of |
|
than |
|
a Bachelor's |
|
Training, but |
|
a Master's |
Service |
|
Bachelor's |
|
Degree |
|
no Master's |
|
Degree or |
|
|
Degree |
|
|
|
Degree |
|
Higher |
|
Per
|
|
Dollar |
|
Per
|
|
Dollar |
|
Per
|
|
Dollar |
|
Per
|
|
Dollar |
|
|
Cent* |
|
Amount |
|
Cent* |
|
Amount |
|
Cent* |
|
Amount |
|
Cent* |
|
Amount |
|
0 |
86.5 |
|
$14,705 |
|
100.0 |
|
$17,000 |
|
103.8 |
|
$17,646 |
|
109.5 |
|
$18,615 |
|
|
|
|
17,300 |
|
|
|
20,000 |
|
|
|
20,760 |
|
|
|
21,900 |
|
1 |
90.0 |
|
15,300 |
|
103.8 |
|
17,646 |
|
108.1 |
|
18,377 |
|
114.3 |
|
19,431 |
|
|
|
|
18,000 |
|
|
|
20,760 |
|
|
|
21,620 |
|
|
|
22,860 |
|
2 |
93.5 |
|
15,895 |
|
107.6 |
|
18,292 |
|
112.4 |
|
19,108 |
|
119.1 |
|
20,247 |
|
|
|
|
18,700 |
|
|
|
21,520 |
|
|
|
22,480 |
|
|
|
23,820 |
|
3 |
97.0 |
|
16,490 |
|
111.4 |
|
18,938 |
|
116.7 |
|
19,839 |
|
123.9 |
|
21,063 |
|
|
|
|
19,400 |
|
|
|
22,280 |
|
|
|
23,340 |
|
|
|
24,780 |
|
4 |
100.5 |
|
17,085 |
|
115.2 |
|
19,584 |
|
121.0 |
|
20,570 |
|
128.7 |
|
21,879 |
|
|
|
|
20,100 |
|
|
|
23,040 |
|
|
|
24,200 |
|
|
|
25,740 |
|
5 |
104.0 |
|
17,680 |
|
119.0 |
|
20,230 |
|
125.3 |
|
21,301 |
|
133.5 |
|
22,695 |
|
|
|
|
20,800 |
|
|
|
23,800 |
|
|
|
25,060 |
|
|
|
26,700 |
|
6 |
104.0 |
|
17,680 |
|
122.8 |
|
20,876 |
|
129.6 |
|
22,032 |
|
138.3 |
|
23,511 |
|
|
|
|
20,800 |
|
|
|
24,560 |
|
|
|
25,920 |
|
|
|
27,660 |
|
7 |
104.0 |
|
17,680 |
|
126.6 |
|
21,522 |
|
133.9 |
|
22,763 |
|
143.1 |
|
24,327 |
|
|
|
|
20,800 |
|
|
|
25,320 |
|
|
|
26,780 |
|
|
|
28,620 |
|
8 |
104.0 |
|
17,680 |
|
130.4 |
|
22,168 |
|
138.2 |
|
23,494 |
|
147.9 |
|
25,143 |
|
|
|
|
20,800 |
|
|
|
26,080 |
|
|
|
27,640 |
|
|
|
29,580 |
|
9 |
104.0 |
|
17,680 |
|
134.2 |
|
22,814 |
|
142.5 |
|
24,225 |
|
152.7 |
|
25,959 |
|
|
|
|
20,800 |
|
|
|
26,840 |
|
|
|
28,500 |
|
|
|
30,540 |
|
10 |
104.0 |
|
17,680 |
|
138.0 |
|
23,460 |
|
146.8 |
|
24,956 |
|
157.5 |
|
26,775 |
|
|
|
|
20,800 |
|
|
|
27,600 |
|
|
|
29,360 |
|
|
|
31,500 |
|
11 |
104.0 |
|
17,680 |
|
141.8 |
|
24,106 |
|
151.1 |
|
25,687 |
|
162.3 |
|
27,591 |
|
|
|
|
20,800 |
|
|
|
28,360 |
|
|
|
30,220 |
|
|
|
32,460 |
|
* Percentages represent the percentage which each salary is
of the base amount.
For purposes of determining the minimum salary at any level
of training and service, the base of one hundred per cent shall
be
the base amount. The percentages used in this section show
the
relationships between the minimum salaries required by this
section and the base amount and shall not be construed as
requiring any school district or educational service center to
adopt a
schedule containing
salaries in excess of the amounts set
forth in this section for
corresponding levels of training and
experience.
As used in this division:
(1) "Base amount" means
seventeen
twenty thousand dollars.
(2) "Five years of training" means at least one hundred
fifty semester hours, or the equivalent, and a bachelor's degree
from a recognized college or university.
(D) For purposes of this section, all credited training
shall be from a recognized college or university.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor Xthe formula amount Xthe greater of formula ADM orthree-year average formula ADMThe resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4)(3) of section 3317.022 of the
Revised Code.
(4) The "adjusted total
taxable value
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
adjusted total taxable
values
recognized valuations of
all its constituent school districts for the applicable fiscal
year.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with the following formula:
(cost-of-doing-business factor Xformula amount X the greater of formulaADM or three-year average formula ADM) -(.0005 X
adjusted total
taxable value
recognized valuation)If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount Xtotal vocational education weight(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
state share percentage X .05 Xthe formula amount X the sum ofcategories one and two vocationaleducation ADMIn any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
state share percentage X formula amount X
total special education weight(2)(a) As used in this division, the "personnel allowance"
means
twenty-five thousand dollars in fiscal year 2000 and thirty
thousand
dollars in fiscal
year
2001
2002 and fifty-five thousand
six hundred fifty-two dollars in fiscal year 2003.
(b) For the provision of speech services to students and for
no
other purpose, the department shall pay each
joint vocational
school district
an amount calculated
under the
following formula:
(formula ADM divided by 2000) X the personnelallowance X state share percentage(E)(1) If a joint vocational school
district's costs for a
fiscal year for a student in its
category three
categories one and
two
special education
ADM are twenty-five thousand dollars
or
more, the district may
submit to the superintendent of public
instruction
documentation,
as
prescribed by the superintendent, of
all of its costs for that
student. Upon
submission of
documentation for a student of the
type and in the manner
prescribed, the department shall pay to the
district an amount
equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of twenty-five thousand dollars;
(b) The product of one-half of the district's costs for the
student
in excess of
twenty-five thousand dollars multiplied by
the
district's state
share percentage.
(2) In fiscal year 2002, if a joint vocational school
district's costs for a student in its category three special
education ADM are twenty-five thousand dollars or more, the
district may submit to the superintendent of public instruction
documentation, as prescribed by the superintendent, of all its
costs for that student. Upon submission of documentation for a
student of the type and in the manner prescribed, the department
shall pay to the district an amount equal to the sum of the
following:
(a) One-half of the district's costs for the student in
excess of twenty-five thousand dollars;
(b) The product of one-half of the district's costs for the
student in excess of twenty-five thousand dollars multiplied by
the district's state share percentage.
(3) In fiscal years after fiscal year 2002, if a joint
vocational school district's costs for the fiscal year for a
student in its category three special education ADM are twenty
thousand dollars or more, the district may submit to the
superintendent of public instruction documentation, as prescribed
by the superintendent, of all its costs for that student. Upon
submission of documentation for a student of the type and in the
manner prescribed, the department shall pay to the district an
amount equal to the sum of the following:
(a) One-half of the district's costs for the student in
excess of twenty thousand dollars;
(b) The product of one-half of the district's costs for the
student in excess of twenty thousand dollars multiplied by the
district's state share percentage.
(4) The district shall only report
under divisions (E)(1) to
(3) of this section, and the department shall only
pay
for, the
costs of educational expenses and the related
services provided
to
the student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) In any fiscal year, a joint vocational school
district
receiving funds under division (D) of this section shall
spend on
the related services specified in division (B)(3)
of
section 3317.022 of the Revised Code at least the
lesser of the
following:
(a) The amount the district spent on those related services
in
the preceding fiscal year;
(b) 1/8 X {[cost-of-doing-business factor
X the
formula
amount X
(the category one special education ADM + category two
special
education ADM + category three special education
ADM)] +
the amount calculated for the fiscal year
under
division (D)(1) of
this
section + the local share of special education and related
services
additional weighted costs}.
(2) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(1 - state share percentage) X
Total special education weight Xthe formula amount(H) In any fiscal year, if the total of all payments made to
a
joint vocational school district under divisions (B) to (D)
of
this section and division (R) of section 3317.024 of the Revised
Code is
less
than the amount that
district received in fiscal year
1999 under the version of this section in
effect that year, plus
the amount that district received under the version of
section
3317.162 of the Revised Code in effect that year and minus the
amounts received that
year for driver education and adult
education, the department shall pay the
district an additional
amount equal to the difference between those two
amounts.
(I) In fiscal years 2000 and 2001, each joint vocational
school
district shall continue to offer the same number of the
vocational education
programs that
the district offered in
fiscal
year 1999, unless the department of education expressly
agrees
that the district may offer fewer programs in either or both
fiscal
year 2000 or 2001.
Sec. 3317.19. (A) As used in this section, "total unit
allowance" means an amount equal to the sum of the following:
(1) The total of the salary allowances for the teachers
employed
in the cooperative education school district for all
units approved
under division (B) or (C) of section 3317.05 of the
Revised Code. The salary allowance for each unit shall equal the
minimum salary for the teacher of the unit calculated on the basis
of the
teacher's training level and years of experience pursuant
to
the salary
schedule prescribed in the version of section
3317.13 of the Revised Code
in effect prior to the effective date
of this
amendment.
(2) Fifteen per cent of the total
computed under division
(A)(1) of this section;
(3) The total of the unit operating allowances for all
approved units. The amount of each allowance shall equal
one of
the following:
(a) Eight thousand twenty-three dollars times the number
of
preschool handicapped units or fraction thereof approved for
the
year under division (B) of section 3317.05 of the Revised
Code;
(b) Two thousand one hundred thirty-two dollars times the
number of units or fraction thereof approved for the year under
division (C) of section 3317.05 of the Revised Code.
(B) The state board of education shall compute and
distribute to each cooperative education school district for each
fiscal year an amount equal to the sum of the following:
(1) An amount equal to the total of the amounts credited
to
the cooperative education school district pursuant to division
(K)
of section 3317.023 of the Revised Code;
(2) The total unit allowance;
(3) An amount for assisting in providing free lunches to
needy children and an amount for assisting needy school districts
in purchasing necessary equipment for food preparation pursuant
to
division (K) of section 3317.024 of the Revised Code.
(C) If a cooperative education school
district has had
additional special education units approved for
the year under
division (F)(2) of section 3317.03 of the
Revised Code, the
district shall
receive an additional amount during the last half
of the fiscal
year. For each unit, the additional amount shall
equal fifty
per cent of the amount computed under division (A)
of
this section for a unit approved under division
(B) of section
3317.05 of the Revised Code.
Sec. 3317.20. This section does not apply to handicapped
preschool children.
(A) As used in this section:
(1)
"Applicable weight" means:
(a) For a handicapped child receiving special
education
services for a handicap specified in division
(A) of section
3317.013 of the
Revised Code, the multiple specified in
that
division;
(b) For a handicapped child receiving special
education
services for a handicap specified in division
(B) of section
3317.013 or division (F)(3) of section
3317.02 of the Revised
Code, the multiple specified in
division (B) of
section
3317.013
of the Revised Code.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Notwithstanding
sections 3317.03, 3317.05, 3317.161, and
3317.162 of the
Revised
Code, the department of
education shall
not approve special education and related
services units, other
than for handicapped preschool children,
in county MR/DD boards in
fiscal years 1999, 2000, and 2001. During those fiscal years,
state funding for special education and related services
provided
to school-age children by county
MR/DD boards shall be provided
under divisions (C) to
(E) of this section.
(C) Except as provided
in division
(D)(C) of this
section,
the department shall annually pay each county
MR/DD board an
amount
calculated under the following formula for each handicapped
child, other than a handicapped preschool child, for whom the
county MR/DD board provides
special education and related
services:
(formula amount X the cost-of-doing-business
factorfor the child's school district) +(state share percentage X formula amount Xthe applicable weight)
(D)(C) If any school
district places with a county
MR/DD
board more handicapped
children than it had placed with a county
MR/DD board in fiscal year
1998, the department shall not make a
payment under division
(C)(B) of
this section for the number of
children exceeding the number placed in fiscal
year 1998. The
department instead shall deduct from the district's payments
under
this chapter, and pay to the county
MR/DD board, an amount
calculated in accordance with the formula prescribed in division
(C)(B) of this section for each
child over the number of children
placed in fiscal year
1998.
(E)(D) The department shall
calculate for each county MR/DD
board receiving payments under divisions
(C)(B) and
(D)(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD board for
approved
special education and related services units, other than
preschool handicapped units, in fiscal year 1998, divided by the
total number of children served in the units that year;
(2) The product of the quotient calculated under division
(E)(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(C)(B) and
(D)(C) of this
section.
If the amount calculated under division
(E)(D)(2) of this
section is
greater than the total amount calculated under
divisions
(C)(B) and
(D)(C) of this section, the
department shall
pay the county
MR/DD board one hundred per
cent of the difference
in addition to the payments under divisions
(C)(B) and
(D)(C) of
this section.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of
the
Revised Code:
(A)
"Ohio school facilities commission"
means the commission
created pursuant to
section 3318.30 of the Revised Code.
(B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child day-care facility or a
community resource
center is housed.
"Classroom facilities"
includes any space necessary for the operation of a vocational
education program in any school district that operates such a
program.
(C)
"Project" means a project to construct or acquire
classroom
facilities, or to reconstruct or
make additions to
existing classroom facilities,
to be used for housing the
applicable school district and its functions.
(D)
"School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state
government, performing
essential governmental functions of state
government pursuant to sections
3318.01 and 3318.20 of the Revised
Code.
(E)
"School district board" means the board of education
of
a
school district.
(F)
"Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and
notes
which
a school district board is obligated to pay, any
amounts the school district is obligated to pay under
lease-purchase
agreements entered into under section 3313.375 of
the Revised Code, and the
par value of bonds authorized by the
electors but not yet issued,
the proceeds of which can lawfully be
used for the project, and
the amount held in the sinking fund and
other indebtedness
retirement funds for their redemption. Notes
issued for school
buses in accordance with section 3327.08 of the
Revised Code,
notes issued in anticipation of the collection of
current
revenues, and bonds issued to pay final judgments shall
not be
considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness
arising from
the acquisition of land to provide a site for
classroom facilities
constructed, acquired, or added to pursuant
to sections 3318.01 to 3318.20
of the Revised Code.
(G)
"Board of elections" means the board of elections of
the
county containing the most populous portion of the school
district.
(H)
"County auditor" means the auditor of the county in
which
the greatest value of taxable property of such school
district is
located.
(I)
"Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised
Code.
(J)
"Required level of indebtedness" means:
(1) In the case of districts in
the first percentile, five
per cent of the district's valuation for
the year preceding the
year in which the controlling board approved the
project under
section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent
percentile, five per
cent of the district's valuation for the year
preceding the year in
which the controlling board approved the
project under section 3318.04
of the Revised Code, plus [two
one-hundredths of one per
cent multiplied by (the percentile in
which the district ranks minus
one)].
(K)
"Required percentage of the basic project costs" means
one per cent of
the basic project costs times the
percentile in
which the district ranks.
(L)
"Basic project cost" means a cost amount determined in
accordance with
rules adopted under section 111.15 of the Revised
Code by
the
Ohio school facilities commission. The basic
project
cost calculation shall take into consideration the square footage
and
cost per square foot necessary for the grade levels to be
housed in the
classroom facilities, the variation across the state
in construction and
related costs, the cost of the installation of
site utilities and site
preparation, the cost of insuring the
project until it is
completed,
any contingency reserve amount
prescribed by the commission under section 3318.086 of the Revised
Code, and the
professional planning, administration, and design
fees that a district may
have to pay to undertake a classroom
facilities project.
"Basic project cost" also includes the value of classroom
facilities
authorized in a pre-existing bond issue as described in
section 3318.033 of
the Revised Code.
(M) A
"school district's portion of the basic project cost"
means the
amount determined under section 3318.032 of the Revised
Code.
(N)
"Child day-care facility" means
space within a classroom
facility in which the needs of infants,
toddlers, preschool
children, and school children are provided
for by persons other
than the parent or guardian of such
children for any part of the
day, including persons not employed by the school
district
operating such classroom facility.
(O)
"Community resource
center" means space within a
classroom facility in which
comprehensive services that support
the needs of families and
children are provided by community-based
social service
providers.
(P)
"Valuation" means the total value of all property in
the
district as listed and assessed for taxation on the tax
duplicates.
(Q)
"Percentile" means the percentile in which the
district
is
ranked pursuant to division (D) of section 3318.011 of the
Revised Code.
(R)
"Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site
gas distribution system, site sanitary system, site storm
drainage
system, and site telephone and data system.
(S)
"Site preparation"
means the earthwork necessary for
preparation of the building
foundation system, the paved
pedestrian and vehicular
circulation system, playgrounds on the
project site, and lawn
and planting on the project site.
Sec. 3318.04. (A) If the Ohio school facilities commission
makes a
determination under section 3318.03 of the Revised
Code in
favor of constructing, acquiring,
reconstructing, or making
additions to a classroom facility, the
project shall be
conditionally approved. Such conditional approval
shall be
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the
commission's
determination, conditional approval, the
amount of
the state's portion of the basic project cost, and, if the
state's
portion exceeds twenty-five million dollars, the
amount of the
state's
portion to be encumbered in the current fiscal biennium.
In the event
of approval thereof by the controlling
board, the
commission shall certify
such conditional approval to the school
district board and shall encumber
from the total funds
appropriated for the purpose of sections 3318.01 to
3318.20 of the
Revised Code the amount of the state's portion of the basic
project cost or, if the state's portion exceeds
twenty-five
million dollars, the
amount approved under this section to be
encumbered in the current fiscal
biennium.
The basic project cost for a project approved
under this
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired,
or
reconstructed, or the additions to be made to classroom
facilities, under such
project meet, but do not exceed, the
specifications for plans and materials
for classroom facilities
adopted by the commission.
(B)(1) No school district shall have a project conditionally
approved pursuant
to this section if the school district has
already received any assistance
for a project funded under any
version of
sections 3318.01 to 3318.20 of the Revised Code,
and
the prior project was one for which
the electors of such district
approved a levy within the last
twenty years
pursuant to any
version of section 3318.06 of the Revised
Code for purposes of
qualifying for the funding of that project,
unless the district
demonstrates to the satisfaction of
the
commission that the
district has experienced since approval of its prior
project an
exceptional increase in
enrollment significantly above the
district's design
capacity under that prior project as determined
by rule of the commission.
(2) Notwithstanding division (B)(1) of this section, any
school
district that received assistance under sections 3318.01 to
3318.20 of
the Revised Code, as those sections existed prior to
May
20, 1997, may receive additional assistance under those
sections, as they
exist on and after May 20, 1997, prior to the
expiration of the
period of time required under division (B)(1) of
this section, if
the percentile in which the school district is
located, as determined under
section 3318.011 of the
Revised Code,
is eligible for assistance as prescribed in
section
3318.02 of the
Revised Code.
The commission may provide assistance under sections 3318.01
to 3318.20 of
the Revised Code pursuant to this division to no
more than
five school districts per fiscal year until all eligible
school districts have
received the additional assistance
authorized under this division. The
commission shall establish
application procedures, deadlines, and priorities
for funding
projects under this division.
The commission at its discretion may waive current design
specifications it has adopted for projects under sections 3318.01
to 3318.20
of the Revised Code when assessing an application for
additional assistance under this
division for the renovation of
classroom facilities constructed or renovated
under a
school
district's previous project.
If the
commission finds that a
school district's existing classroom facilities are
adequate to
meet all of the school district's needs, the commission may
determine that no additional state assistance be awarded to a
school district
under this division.
In order for a school district to be eligible to receive any
additional assistance under this division, the school district
electors
shall extend the school district's existing levy
dedicated for
maintenance of classroom facilities under Chapter
3318. of the
Revised Code, pursuant to section
3318.061 of the
Revised Code or shall provide equivalent
alternative maintenance
funds as specified in division (B) of
section 3318.06 of the
Revised Code.
(3) Notwithstanding division (B)(1) of this section, any
school district that has received assistance under sections
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may
receive additional assistance if the commission decides in favor
of providing such assistance pursuant to section 3318.042 of the
Revised Code.
Sec. 3318.042. (A) The board of education of any school
district that is receiving assistance under sections 3318.01 to
3318.20 of the Revised Code after May 20, 1997, and whose project
is still under construction, may request that
the Ohio school
facilities commission examine whether the circumstances
prescribed
in either division (B)(1) or (2) of this section exist in
the
school
district. If the commission so finds, the
commission shall
review
the school district's
original assessment and approved
project
under sections 3318.01 to 3318.20 of the Revised
Code, and
consider providing additional assistance to the school
district to
correct the prescribed conditions found to exist in
the district.
Additional assistance under this section shall be
limited to
additions to one or more buildings, remodeling of one
or more
buildings, or changes to the infrastructure of one or more
buildings.
(B) Consideration of additional assistance to a school
district under this section is warranted in either of the
following circumstances:
(1) Additional work is needed
to
correct an oversight or
deficiency not identified or included
in
the district's initial
assessment.
(2) Other conditions exist that, in the opinion of the
comission, warrant additions or remodeling
of the project
facilities or changes to infrastructure
associated
with the
district's project that were not identified in the
initial
assessment and plan.
(C) If the commission decides in favor of providing
additional assistance to any school district under this section,
the school district shall be responsible for paying for its
portion of the cost the additions, remodeling, or infrastucture
changes pursuant to section 3318.083 of the Revised Code. If
after making a financial evaluation of the school district, the
commission determines that the school district is unable without
undue hardship, according to the guidelines adopted by the
commission, to fund the school district portion of the increase,
then the state and the school district shall enter into an
agreement whereby the state shall pay the portion of the cost
increase attributable to the school district which is determined
to be in excess of any local resources available to the district
and the district shall thereafter reimburse the state. The
commission shall establish the district's schedule for reimbursing
the state, which shall not extend beyond five years. Debt
incurred under this section shall not be included in the
calculation of the net indebtedness of the school district under
section 133.06 of the Revised Code.
Sec. 3318.08. If the requisite favorable vote on the
election is obtained, or if the school district board has resolved
to apply
the proceeds of a property tax levy or the proceeds of an
income tax, or a combination of proceeds from such taxes, as
authorized in
section 3318.052 of the Revised Code, the Ohio
school facilities commission, upon
certification to it of either
the results of the election or
the resolution under section
3318.052 of the Revised Code, shall enter
into a written agreement
with the school district board for the
construction and sale of
the project, which agreement shall
include, but need not be
limited to, the following provisions:
(A) The sale and issuance of bonds or notes in
anticipation
thereof, as soon as practicable after the execution
of the
agreement, in an amount equal to the
school district's portion of
the basic
project cost, including any bonds previously authorized
by the
district's electors as described in section 3318.033 of the
Revised
Code; provided, that if at that time the county treasurer
of each
county in which the school district is located has not
commenced
the collection of taxes on the general duplicate of real
and
public utility property for the year in which the
controlling
board approved the project, the school district board
shall
authorize the issuance of a first installment of bond
anticipation
notes in an amount specified by the agreement, which
amount shall
not exceed an amount necessary to raise the net
bonded
indebtedness of the school district as of the date of
the
controlling board's approval to within
five thousand dollars of
the
required level of indebtedness for the preceding year. In the
event that a first installment of bond anticipation notes is
issued, the school district board shall, as soon as practicable
after the county treasurer of each county in which the school
district is located has commenced the collection of taxes on the
general duplicate of real and public utility property for the
year
in which the controlling board approved the project,
authorize the
issuance of a second and
final installment of bond anticipation
notes or a first and final
issue of bonds.
The combined value of the first and second
installment of
bond anticipation notes or the value of the first
and final issue
of bonds shall be equal to the
school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first
to
retire any bond anticipation notes. Otherwise, the
proceeds of
such bonds and of any bond anticipation notes, except
the premium
and accrued interest thereon, shall be deposited in
the school
district's project construction fund. In determining
the amount
of net bonded indebtedness for the purpose of fixing
the amount of an
issue of either bonds or bond anticipation notes,
gross
indebtedness shall be reduced by moneys in the bond
retirement
fund only to the extent of the moneys therein on the
first day of
the year preceding the year in which the controlling
board approved the
project. Should there be
a decrease in the tax
valuation of
the school district so that the amount of
indebtedness
that can
be incurred on the tax duplicates for the
year in which the
controlling board approved the project is
less
than the amount of the first installment of bond
anticipation
notes, there shall be paid from the school
district's project
construction fund to the school
district's
bond retirement fund to
be applied against such notes an amount
sufficient to cause the
net bonded indebtedness of the school district,
as of the first
day of the year following the year in which the
controlling board
approved the project,
to be within five thousand dollars of the
required level of
indebtedness for the year in which the
controlling board approved the project. The
maximum
amount of
indebtedness to be incurred by any school
district board as its
share of the cost of the project is either
an amount that will
cause its net bonded
indebtedness, as of the first
day of the year
following the year in which the controlling board
approved the
project, to be
within five thousand dollars of the required level
of
indebtedness,
or
an amount equal to the required percentage of
the basic project costs,
whichever is greater. All bonds and bond
anticipation notes
shall be issued in accordance with Chapter 133.
of the Revised
Code, and notes may be renewed as provided in
section 133.22 of
the Revised Code.
(B)(1) The transfer of such funds of the school district
board available for the project, together with the proceeds of
the
sale of the bonds or notes, except premium, accrued interest,
and
interest included in the amount of the issue, to the school
district's project construction fund;
(2) If section 3318.052 of the Revised Code applies, the
earmarking of the
proceeds of a tax levied under section 5705.21
of the Revised Code for general
ongoing permanent improvements or
the proceeds of a school district
income tax levied under Chapter
5748. of the Revised Code, or the proceeds from a
combination of
those two taxes, in an amount to pay all or part of the service
charges on bonds issued to pay the school district portion of the
project
and
an amount equivalent to all or part of the tax
required under division
(B) of
section 3318.05 of the Revised
Code.
(C) If section 3318.052 of the Revised Code does not apply,
either of
the following:
(1) The levy of the tax authorized at the election for the
payment of maintenance costs, as specified in
division (B) of
section 3318.05 of the Revised
Code;
(2) If the school district electors have approved a
continuing
tax of at least two mills for each dollar of valuation
for general ongoing
permanent improvements under
section 5705.21
of the Revised Code and that tax can be
used for maintenance, the
earmarking of an amount
of the proceeds from such tax for
maintenance of classroom facilities as
specified in division (B)
of
section 3318.05 of the Revised Code.
(D) Ownership of or interest in the project during the
period of
construction, which shall be divided between the
commission and the
school district board in proportion to their
respective
contributions to the school district's project
construction
fund;
(E) Maintenance of the state's interest in the
project until
any
obligations issued for the project under section 3318.26 of
the
Revised Code are no longer outstanding;
(F) The insurance of the project by the school district
from
the time there is an insurable interest therein and so long
as the
state retains
any ownership or interest in the project pursuant to
division (D) of
this
section, in such amounts
and against such
risks as the commission shall
require;
provided, that the cost of
any required insurance until the
project is completed shall be a
part of the basic project cost;
(G) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved
by
the controlling board pursuant to section 3318.04 of the
Revised
Code;
(H) Authorization of the school district board to
advertise
for and receive construction bids for the project, for
and on
behalf of the commission, and to award
contracts in the
name of
the state subject to approval by the commission;
(I) Provisions for the disbursement of moneys from the
school district's project account upon issuance by the
commission
or the commission's designated representative of vouchers
for
work
done to
be certified to the commission by the treasurer
of the
school district board;
(J) Disposal of any balance left in the school district's
project construction fund upon completion of the
project;
(K) Limitations upon use of the project or any part of it
so
long as any obligations
issued to finance the project under
section 3318.26 of the Revised
Code are outstanding;
(L) Provision for vesting the state's interest in the
project
to the school district board when the
obligations issued
to finance the project under section 3318.26 of the
Revised Code
are outstanding;
(M) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(N) Provision for termination of the contract and release
of
the funds encumbered at the time of the conditional approval,
if
the proceeds of the sale of the bonds of the school district
board
are not paid into the school district's project
construction fund
and if bids for the construction of
the project have not been
taken within such period after the
execution of the agreement as
may be fixed by the
commission;
(O) Provision for the school district to maintain the
project in
accordance with a plan approved by the commission;
(P) Provision that all
state funds reserved and encumbered
to pay the state share of
the cost of the project pursuant to
section 3318.03 of the
Revised Code be spent on the
construction
or acquisition of the project prior to the
expenditure of any
funds provided by the school district to pay
for its share of the
project cost, unless the school district
certifies to the
commission that expenditure by the school district is
necessary to
maintain the tax-exempt status of notes or bonds issued by the
school district to pay for its share of the project cost in which
case, the
school district may commit to spend, or spend, a portion
of the funds it
provides;
(Q) A provision stipulating that the commission may prohibit
the
district from proceeding with any project if the commission
determines that
the site is not suitable for construction
purposes. The commission may
perform soil tests in its
determination of whether a site is appropriate for
construction
purposes.
(R) A provision stipulating that, unless otherwise
authorized by the commission, any contingency
reserve portion of
the construction budget prescribed by the
commission shall be used
only to pay costs resulting from
unforeseen job conditions, to
comply with rulings regarding
building and other codes, to pay
costs related to design
clarifications or corrections to contract
documents, and to pay
the costs of settlements or judgments
related to the project as
provided under section 3318.086 of the
Revised Code.
Sec. 3318.084.
(A) Notwithstanding anything to the contrary
in
Chapter 3318. of
the Revised Code, a school district board may
apply any
local donated contribution toward
the
either or both of
the following:
(1) The district's portion of the basic project
cost of a
project under sections 3318.01 to
3318.20 of the Revised Code
and
may use such local donated
contribution to reduce the amount of
bonds the district otherwise must issue
in order to receive state
assistance under those
sections;
(2) An offset of all or part of a district's obligation to
levy the tax described in division (B) of section 3318.05 of the
Revised Code, which shall be applied only in the manner prescribed
in division (B) of this section.
(B) No school district board shall apply any local donated
contribution under division (A)(2) of this section unless the Ohio
school facilities commission first approves that application.
Upon the request of the school district board to apply
local donated contribution under division (A)(2) of this section,
the commission in consultation with the department of taxation
shall determine the amount of total revenue that likely would be
generated by one-half mill of the tax described in division (B) of
section 3318.05 of the Revised Code over the entire
twenty-three-year period required under that section and shall
deduct from that amount any amount of local donated contribution
that the board has committed to apply under division (A)(2) of
this section. The commission then shall determine in consultation
with the department of taxation the rate of tax over twenty-three
years necessary to generate the amount of a one-half mill tax not
offset by the local donated contribution. Notwithstanding
anything to the contrary in section 3318.06, 3318.061, or
3318.361
of the Revised Code, the rate determined by the
commission shall
be the rate for which the district board shall seek elector
approval under those sections to meet its obligation under
division (B) of section 3318.05 of the Revised Code. In the case
of a complete offset of the district's obligation under division
(B) of section 3318.05 of the Revised Code, the district shall not
be required to levy the tax otherwise required under that section.
At the end of the twenty-three-year period of the tax required
under division (B) of section 3318.05 of the Revised Code, whether
or not the tax is actually levied, the commission in consultation
of the department of taxation shall recalculate the amount that
would have been generated by the tax if it had been levied at
one-half mill. If the total amount actually generated over that
period from both the tax that was actually levied and any local
donated contribution applied under division (A)(2) of this section
is less than the amount that would have been raised by a one-half
mill tax, the district shall pay any difference. If the total
amount actually raised in such manner is greater than the amount
that would have been raised by a one-half mill tax the difference
shall be zero and no payments shall be made by either the district
or the commission.
(C) As used in this section,
"local donated contribution"
means either of the following:
(A)(1) Any moneys irrevocably donated or granted to a school
district board by a source other than the state which
the board
has the authority to apply to the school district's project
under
sections 3318.01 to 3318.20 of the Revised Code and
which the
board has pledged for that purpose by resolution adopted by a
majority of its members;
(B)(2) Any irrevocable letter of credit issued on behalf of
a school
district or any cash a school district has on hand,
including any year-end operating fund balances, that can be spent
for
classroom
facilities, either of which the
school district
board has encumbered for payment of the school district's
share of
its project under sections 3318.01 to 3318.20 of the Revised
Code
and either of which has been approved by the
Ohio
school
facilities commission in consultation with the department of
education.
(D) No state moneys shall be released for a project to which
this
section applies until any
local donated
local contribution
authorized under
this section is first deposited into the school
district's project
construction fund, if applied under division
(A)(1) of this section, or into the district's capital and
maintenance fund if applied under division (A)(2) of this
section.
Sec. 3318.086. The construction budget for any project under
sections 3318.01 to 3318.20 of the Revised Code shall contain a
contingency reserve in an amount prescribed by the Ohio school
facilities commission, which unless otherwise authorized by
the
commission, shall be used only to pay costs
resulting from
unforeseen job conditions, to comply with rulings
regarding
building and other codes, to pay costs related to design
clarifications or corrections to contract documents, and to pay
the costs of settlements or judgments related to the project.
Sec. 3318.10. When such working drawings, specifications,
and estimates of cost have been approved by the school district
board and the Ohio school facilities commission, the treasurer
of
the school district board shall advertise for construction
bids
for the project once a week for three consecutive
weeks in a
newspaper published in and of general circulation in the county
in
which the project is located
in accordance with section 3313.46 of
the Revised Code. Such notices shall state that
plans and
specifications for the project are on file in the
office of the
commission and such other place as
may be designated in such
notice, and the time and place when and
where bids therefor will
be received.
The form of proposal to be submitted by bidders shall be
supplied by the commission. Bidders may be
permitted to bid
upon
all the branches of work and materials to be furnished and
supplied, upon any branch thereof, or upon all or any thereof.
A proposal shall be invalid and not considered unless it
meets the requirements of section 153.54 of the Revised Code.
When the construction bids for all branches of work and
materials have been tabulated, the commission shall cause to be
prepared
a revised
estimate of the basic
project cost based upon
the lowest responsible bids received. If
such revised estimate
exceeds the estimated basic project cost as
approved by the
controlling board pursuant to section 3318.04 of
the Revised Code,
no contracts may be entered into pursuant to
this section unless
such revised estimate is approved by the
commission and by the
controlling board referred to
in section 3318.04 of the Revised
Code. When such revised estimate has been
prepared, and after
such approvals are given, if necessary, and
if the school district
board has caused to be transferred to the
project construction
fund the proceeds from the sale of
the
first or first and final
installment of its bonds or bond
anticipation notes pursuant to
the provision of written agreement
required by division (B) of
section 3318.08 of the Revised Code,
and when the director of
budget and management has certified that
there is a balance in the
appropriation, not otherwise obligated
to pay precedent
obligations, pursuant to which the state's share
of such revised
estimate is required to be paid, the contract for
all branches of
work and materials to be furnished and supplied,
or for any branch
thereof as determined by the school district
board, shall be
awarded by the school district board to the
lowest responsible
bidder subject to the approval of the
commission. Such award
shall be made
within sixty days after the date on which the bids
are
opened,
and the successful bidder shall enter into a contract
within ten
days after the successful bidder is notified of the
award of the
contract.
Subject to the approval of the commission, the school
district board may
reject all
bids and
readvertise. Any contract
made under this section shall be made
in the name of the state and
executed on its behalf by the
president and treasurer of the
school district board.
The provisions of sections
153.50 to 153.99
9.312 and 3313.46
of the Revised
Code, which are applicable to construction
contracts of boards of
education
and which permit bids to be made
for two or more trades
or kinds of work, shall apply to
construction contracts for the
project
to the exclusion of
sections 153.01 to 153.20 of the
Revised Code applicable to state
construction contracts.
The remedies afforded to any subcontractor, materials
supplier,
laborer, mechanic, or persons furnishing material or
machinery
for the project under sections 1311.26 to 1311.32 of the
Revised
Code, shall apply to contracts entered into under this
section
and the itemized statement required by section 1311.26 of
the
Revised Code shall be filed with the school district board.
Sec. 3318.31. (A) The Ohio school facilities
commission may
perform any act and ensure the performance of any
function
necessary or appropriate to carry out the purposes of,
and
exercise the powers granted under, Chapter 3318. of
the Revised
Code, including any of the following:
(1)
Employ and fix the
compensation of such employees
as
will
facilitate the activities and purposes of the
commission, and
who
shall serve at the pleasure of the commission.
(2) Adopt, amend, and
rescind, pursuant to section 111.15 of
the
Revised Code, rules for the
administration of programs
authorized under Chapter
3318. of the Revised Code.
(3)(2) Contract with, retain the services of, or designate,
and fix the
compensation
of, such agents, accountants,
consultants, advisers,
and other independent contractors as may be
necessary or
desirable to carry out the programs authorized under
Chapter 3318. of the Revised Code.
(4)(3) Receive and accept
any gifts, grants, donations, and
pledges, and receipts
therefrom, to be used for the programs
authorized under
Chapter 3318. of the Revised Code.
(5)(4) Make and enter into
all contracts, commitments, and
agreements, and execute all
instruments, necessary or incidental
to the performance of its
duties and the execution of its rights
and powers under Chapter
3318. of the Revised Code.
(B)
The commission shall appoint and fix the compensation of
an executive director who shall serve at the pleasure of the
commission. The executive director shall supervise the operations
of the commission. The executive director also shall employ and
fix the compensation of such employees as will facilitate the
activities and purposes of the commission, who shall serve at the
pleasure of the executive director.
(C) The attorney general shall serve
as the legal
representative for the commission and may appoint other counsel
as
necessary for that purpose in accordance with section 109.07 of
the
Revised Code.
Sec. 3318.36. (A) As used in this section:
(1)
"Ohio school facilities commission,"
"classroom
facilities,"
"school district,"
"school district board,"
"net
bonded indebtedness,"
"required percentage of the basic project
costs,"
"basic project cost,"
"valuation," and
"percentile" have
the same meanings as in section
3318.01 of the Revised Code.
(2)
"Required level of indebtedness" means five per cent of
the
school district's valuation for the year preceding the year in
which the
commission and school district enter into an agreement
under division
(B) of this section, plus [two
one-hundredths of
one per cent multiplied by (the percentile in which the
district
ranks in the fiscal year the commission and the school district
enter
into such agreement minus one)].
(3)
"Local resources" means any moneys generated in any
manner
permitted for a school district board to raise the school
district portion of
a project undertaken
with assistance under
sections 3318.01 to 3318.20 of the Revised
Code.
(B)(1) There is hereby established the school building
assistance
expedited local partnership program. Under the
program, the Ohio
school facilities commission may enter into an
agreement with the school
district board of any
school district
under which the
school district board may proceed with the new
construction or major repairs
of a part of
the school district's
classroom facilities needs, as determined under sections
3318.01
to 3318.20 of the Revised Code, through the expenditure
of local
resources prior to the school district's eligibility for
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
and may apply that expenditure toward meeting
the school
district's portion of the basic project cost of the total of the
school
district's classroom facilities needs, as determined under
sections 3318.01 to
3318.20 of the Revised Code and as
recalculated under division (E) of this
section, that are eligible
for state assistance under sections
3318.01 to 3318.20 of the
Revised Code when the school
district becomes eligible for such
state assistance.
Any school district that is reasonably expected
to receive assistance under
sections 3318.01 to 3318.20
of the
Revised Code within two fiscal years from the date the
school
district adopts its resolution under division (B) of this
section
shall not be eligible to participate in the program.
(2) To participate in the program, a school district board
shall
first
adopt a resolution certifying to the commission the
board's intent to
participate in the program.
The resolution shall specify the approximate date that the
board
intends to seek elector approval of any bond or tax measures
or to apply other local
resources to use to pay the cost of
classroom facilities to be constructed under this section.
The
resolution shall not specify an election sooner than twelve months
after the date the resolution is adopted by the board
The
resolution may specify the application of local
resources
or
elector-approved bond or tax measures after the
resolution is
adopted by the board, and in
such case the board may
proceed with
a discrete portion of its project under this
section
as soon as
the commission and the controlling board have
approved
the basic
project cost of the district's classroom
facilities
needs as
specified in division (D) of this section. The board
shall submit
its resolution to the commission not later than ten
days after the
date the resolution is adopted by the board.
The commission shall not consider any resolution that is
submitted
pursuant to division (B)(2) of this section, as amended
by this
amendment, sooner than
the effective date of this
amendment
September
14, 2000.
(3) Any project under this section shall comply with section
3318.03
of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission
under
section 3318.04 of the Revised Code.
(4) If a school district that enters into an agreement
under
this section has not begun a project applying local
resources as
provided for under that agreement at the time the
district is
notified by the commission that it is eligible to
receive state
assistance under sections 3318.01 to 3318.20 of the
Revised Code,
all assessment and agreement documents entered into
under this
section are void.
(5) Only construction of or repairs to classroom facilities
that have been approved by the commission and have been therefore
included as part of a district's basic project cost qualify for
application of local resources under this section.
(C) Based on the results of the
on-site visits and
assessment conducted under division (B)(2) of
this section, the
commission shall determine the basic
project cost of the school
district's classroom
facilities needs. The commission shall
determine the school
district's portion of such basic project
cost, which shall be the
greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking in
the fiscal
year the commission and the school district enter into
the agreement under
division (B) of this section;
(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the fiscal year the commission and the
school district
enter into the agreement under division (B) of
this section, to
within five thousand dollars of the required
level of indebtedness.
(D)(1) When the commission determines the basic project cost
of
the classroom facilities needs of a school district and the
school district's
portion of that basic
project cost under
division (C) of this section,
the project shall be conditionally
approved. Such conditional
approval shall be submitted to the
controlling board for approval
thereof. The controlling board
shall forthwith approve or reject the
commission's determination,
conditional approval, and the amount
of the state's portion of the
basic project cost; however, no
state funds shall be encumbered
under this section. Upon approval
by the controlling board, the
school
district board may identify a discrete part of its
classroom facilities needs,
which shall include only new
construction of or additions or major repairs to
a particular
building, to address with local resources. Upon
identifying a
part of the school district's basic project cost to
address with
local resources, the school district board may
allocate any
available school district moneys to pay the cost of
that
identified part, including the proceeds of an issuance of bonds if
approved by
the electors of the school district.
All local resources utilized under this division shall first
be deposited
in the project construction account required under
section 3318.08 of the
Revised Code.
(2) Unless the school district board exercises its option
under
division (D)(3) of this section, for a school district to
qualify
for participation in the
program authorized under this
section, either:
(a) The electors of the school
district by a majority vote
shall approve the levy of taxes outside the
ten-mill limitation
for a period of twenty-three
years
at the rate of not less than
one-half mill for each dollar of valuation
to be
used to pay the
cost of maintaining the classroom facilities
included in the basic
project cost as determined by the commission.
The form
of the
ballot to be used to
submit the question whether to approve the
tax required under this
division to the electors of the school
district shall be the form
for an additional levy of taxes
prescribed in
section 3318.361 of the Revised Code.
(b) As
authorized under division (C) of section 3318.05 of
the
Revised Code, the school district
board shall earmark from the
proceeds of a permanent improvement tax levied
under section
5705.21
of the Revised Code, an amount equivalent to the
additional
tax
otherwise required under division (D)(2)(a) of this
section for
the maintenance of the classroom facilities included
in the basic project cost
as determined by the commission.
(3) A school district board may opt to delay levying the
additional tax required under division (D)(2)(a)
of this section
or earmarking of the proceeds of a permanent improvement tax
alternatively required under division (D)(2)(b) of
this section
until such time as the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
In order to exercise its option under this division, the
board
shall certify to the commission a resolution indicating the
board's
intent to do so prior to
entering into an agreement under
division (B) of this section.
(4) If pursuant to division (D)(3) of this section a
district
board
opts to delay levying an additional tax until the
district becomes eligible
for state assistance, it shall submit
the question of levying
that tax to the district electors as
follows:
(a) In accordance with section 3318.06 of the Revised
Code
if it
will also be necessary pursuant to division (E) of this
section to
submit a proposal for approval of a bond issue;
(b) In accordance with section 3318.361 of the Revised
Code
if it
is not necessary to also submit a proposal for approval of a
bond issue
pursuant to division (E) of this section.
(5) No
state assistance under sections 3318.01 to 3318.20 of
the Revised
Code shall be released until a school district
board
that adopts and certifies a resolution under this division either
has levied the additional tax or has earmarked the proceeds of a
tax as
specified in division (D) of this section.
Any amount required for maintenance under division (D)(2) of
this section
shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
based on its percentile ranking as determined under division
(B)
of this
section, the commission shall conduct a new assessment of
the school
district's classroom facilities needs and shall
recalculate the basic project
cost based on this new assessment.
The basic project cost recalculated under
this division shall
include the amount of expenditures made by the school
district
board under division (D)(1) of this section. The commission
shall
then recalculate the school district's portion of the new basic
project
cost, which shall be the
percentage of the original basic
project cost
assigned
to the school district as its portion under
division (C) of this
section. The commission shall deduct the
expenditure of school
district moneys made under division (D)(1)
of this section
from the school district's portion of the basic
project cost as recalculated
under this division. If the amount
of
school district resources applied by the school district board
to the school
district's portion of
the basic project cost under
this section is less than the total
amount of such portion as
recalculated under this division, the school
district board by a
majority vote of all of its members shall, if
it desires to seek
state assistance under sections 3318.01 to
3318.20 of the Revised
Code, adopt a resolution as specified in
section 3318.06 of the
Revised Code to submit to the electors of
the school district the
question of approval of a bond issue in order to pay
any
additional amount of school district portion
required for state
assistance.
Any tax levy approved under
division
(D) of this
section
satisfies the requirements to levy the
additional tax
under section 3318.06 of the Revised Code.
(2) If the amount of school district resources applied by
the school
district board to the school district's portion of the
basic project
cost under this section is more than the total
amount of such
portion as recalculated under this division, within
one year after the
school district's portion is recalculated under
division (E)(1) of
this section the commission may
grant to the
school district the difference between
the two
calculated
portions, but at no time shall the commission expend
any state
funds on a project in an amount greater than the state's
portion
of the basic project cost as recalculated under this
division.
Any reimbursement under this division shall be only for local
resources the school district has applied toward construction cost
expenditures for the classroom facilities approved by the
commission,
which shall not include any financing costs associated
with that
construction.
The school district board shall use any moneys reimbursed to
the
district under this division to pay off any debt service the
district
owes for classroom facilities constructed under its
project under this
section before such moneys are applied to any
other purpose.
Sec. 3318.363. (A) This section applies only to a school
district participating in the school building assistance expedited
local partnership program under section 3318.36 of the Revised
Code.
(B) If there is a decrease in the tax valuation of a
school district to which this section applies by ten per cent or
greater from one tax year to the next due to a decrease in the
assessment rate of the taxable property of an electric company
that owns property in the district, as provided for in section
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the
123rd General Assembly, the Ohio school facilities commission
shall calculate or recalculate the state and school district
portions of the basic project cost of the school district's
project by determining the percentile rank in which the district
would be located if such ranking were made using the current year
adjusted valuation per pupil, as calculated and reported to the
commission by the department of education under division (A) of
section 3318.011 of the Revised Code, rather than the three-year
average adjusted valuation per pupil, calculated under division
(B) of that section. For such district, the required percentage
of the basic project cost used to determine the state and school
district shares of that cost under division (C) of section 3318.36
of the Revised Code shall be based on the percentile rank as
calculated under this section rather than as otherwise provided in
division (C)(1) of section 3318.36 of the Revised Code. If the
commission has determined the state and school district portion of
the basic project cost of such a district's project under section
3318.36 of the Revised Code prior to that decrease in tax
valuation, the commission shall adjust the state and school
district shares of the basic project cost of such project in
accordance with this section.
Sec. 3318.50. (A) As used in this section and in section
3318.52 of the Revised Code:
(1)
"Start-up community school" means a
"new start-up
school" as that term is defined in division (A) of section 3314.02
of the Revised Code.
(2)
"Classroom facilities" has the same meaning as in
section 3318.01 of the Revised Code.
(B) There is hereby established the community school
classroom facilities loan guarantee program. Under the program,
the Ohio school facilities commission may guarantee for up to
fifteen
years any loan made to the governing authority of a
start-up
community school established under Chapter 3314. of the
Revised
Code for the sole purpose of assisting the governing board
in
acquiring classroom facilities for the community school by
lease,
purchase, remodeling of existing facilities, or any other
means
except by
new construction.
The commission shall not make any loan guarantee under
this
section unless the
commission has determined that the classroom
facilities meet specifications established by the commission under
section 3318.51 of the Revised Code.
The agreement between the commission and the governing
authority of a community school for a loan guarantee under this
section shall contain a stipulation holding all members of the
governing authority at the time the agreement is executed jointly
and severally liable in their personal capacity to the state for
the amount of any payment made by the state to pay any default on
a loan guaranteed by that agreement regardless of whether such
members are still members of the governing authority at the time
of the default.
(C) Any payment made to a lending institution as a result
of default on a loan guaranteed under this section shall be made
from moneys in the community school classroom facilities loan
guarantee fund established under section 3318.52 of the Revised
Code.
(D) The commission may assess a fee of up to five hundred
dollars for each loan guaranteed under this section.
Sec. 3318.51. Not later than nine months after the effective
date of this section, the Ohio school facilities commission in
consultation with the office of community school options
established under section 3314.11 of the Revised Code shall
develop specifications for classroom facilities for start-up
community schools established under Chapter 3314. of the Revised
Code.
Sec. 3318.52. There is hereby established the community
school classroom facilities loan guarantee fund. The fund shall
consist of such moneys as the general assembly appropriates for
the purpose of guaranteeing loans to community schools under
section 3318.50 of the Revised Code. Investment earnings on
moneys in the fund shall be credited to the fund.
Sec. 3319.19. (A)
Upon
Except as provided in division (D) of
this section or division (A)(2) of section 3313.37 of the Revised
Code, upon request, the board of county commissioners
shall
provide and equip offices in the county for the use of the
superintendent of an educational service center, and shall
provide
heat, light, water,
and janitorial services for such offices.
Such
offices shall be
the permanent headquarters of the
superintendent
and shall be
used by the governing board of the
service center
when it is in session.
Except as provided in
division (B) of this
section, such offices
shall be located in the
county seat or, upon
the approval of the
governing board, may be
located outside of the
county seat.
(B) In the case of a service center formed under section
3311.053 of the Revised Code, the governing board shall
designate
the site of its offices.
The
Except as provided in division (D) of
this section or division (A)(2) of section 3313.37 of the Revised
Code, the board of county
commissioners of the county in which the
designated site is
located shall provide and equip the offices as
under division (A)
of this section, but the costs of such offices
and equipment
not
covered by funds received under section 307.031
of the Revised
Code shall be apportioned among the boards of
county
commissioners of all counties having any territory in the
area
under the control of the governing board, according to
the
proportion of
local school district pupils under the supervision
of such board
residing in the respective counties. Where there is
a dispute as
to the amount any board of county commissioners is
required to
pay, the probate judge of the county in which the
greatest number
of pupils under the supervision of the governing
board
reside shall apportion such costs among the boards of county
commissioners and notify each such board of its share of the
costs.
(C)
By the first day of March of each year, the
superintendent of public instruction shall certify to the tax
commissioner the ADM and the number of full-time
licensed
employees of each educational service center for the
purposes of
the
distribution of funds to boards of county commissioners
required
under division (B) of section 307.031 of the Revised
Code. As
used in this section,
"ADM" means the formula ADMs
of
all the local districts
having territory in the service center, as
certified in October of the
previous year by the service center
superintendent to the state board of education under section
3317.03 of the
Revised Code. As used in this
division,
"licensed
employee" has the same meaning as in section 307.031 of
the
Revised Code.
(D) The superintendent of a service center may
annually
submit a proposal approved by the board of county
commissioners to
the state superintendent of public instruction,
in such manner and
by such date as specified by the state board
of education, for a
grant for the board of county commissioners
to do one of the
following:
(1) To improve or enhance the offices and equipment
provided
under division (A) or (B) of this section or section
3301.0712 of
the Revised Code;
(2) If funds received under division (B) of section
307.031
of the Revised Code are insufficient to provide for the
actual
cost of meeting the requirements of division (A) or (B) of
section
3319.19 and division (A)(2) of section 3301.0712 of the
Revised
Code, to provide funds to meet such costs.
Any service center superintendent intending to submit a
proposal
shall submit it to the board of county commissioners that
provides and equips the office of the superintendent for
approval
at least twenty days before the date of submission to the
superintendent of public instruction. The
superintendent of
public instruction shall evaluate the proposals
and select those
that will most benefit the local districts
supervised by the
governing boards under standards adopted by
the state board. For
each proposal selected for a grant, the
superintendent of public
instruction shall determine the grant
amount and, with the
approval of the superintendent and
the board of county
commissioners, may modify a grant proposal to
reflect the amount
of money available for the grant. The
superintendent of public
instruction shall notify the board of
county commissioners and the
tax commissioner of the selection of
the proposal as submitted or
modified and the amount of the
grant. If, pursuant to division
(C) of section 307.031 of the
Revised Code, the board of county
commissioners accepts the
proposal and grant, it shall expend the
funds as specified in the
grant proposal. If the board of county
commissioners rejects the
proposal and grant, the superintendent
of public instruction may
select another proposal from among the
district proposals that
initially failed to be selected for a
grant.
The state board of education shall adopt rules to implement
the requirements of this section
Not later than the thirty-first
day of March of 2002, 2003, 2004, and 2005 a board of county
commissioners required to provide or equip offices pursuant to
division (A) or (B) of this section shall make a written estimate
of the total cost it will incur for the ensuing fiscal year to
provide and equip the offices and to provide heat, light, water,
and janitorial services for such offices. The total estimate of
cost shall include:
(1) The total square feet of space to be utilized by the
educational service center;
(2) The total square feet of any common areas that should
be reasonably allocated to the center and the methodology for
making this allocation;
(3) The actual cost per square foot for both the space
utilized by and the common area allocated to the center;
(4) An explanation of the methodology used to determine the
per square foot cost;
(5) The estimated cost of providing heat, light, and
water, including an explanation of how these costs were
determined;
(6) The estimated cost of providing janitorial services
including an explanation of the methodology used to determine this
cost;
(7) Any other estimated costs that the board anticipates it
will occur and a detailed explanation of the costs and the
rationale used to determine such costs.
A copy of the total estimate of costs under this division
shall be sent to the superintendent of the educational service
center not later than the fifth day of April. The superintendent
shall review the total estimate and shall notify the board of
county commissioners not later than twenty days after receipt of
the estimate of either agreement with the estimate or any specific
objections to the estimates and the reasons for the objections.
If
the superintendent agrees with the estimate, it shall become
the
final total estimate of cost. Failure of the superintendent
to
make objections to the estimate by the twentieth day after
receipt
of it shall be deemed to mean that the superintendent is
in
agreement with the estimate.
If the superintendent provides specific objections to the
board of county commissioners, the board shall review the
objections and may modify the original estimate and shall send a
revised total estimate to the superintendent within ten days after
the receipt of the superintendent's objections. The
superintendent shall respond to the revised estimate within ten
days after its receipt. If the superintendent agrees with it, it
shall become the final total estimated cost. If the
superintendent fails to respond within the required time, the
superintendent shall be deemed to have agreed with the revised
estimate. If the superintendent disagrees with the revised
estimate, the superintendent shall send specific objections to the
county commissioners.
If a superintendent has sent specific objections to the
revised estimate within the required time, the probate judge of
the county which has the greatest number of resident local school
district pupils under the supervision of the educational service
center shall determine the final estimated cost and certify this
amount to the superintendent and the board of county commissioners
prior to the first day of July.
(D)(1) A board of county commissioners shall be responsible
for the following percentages of the final total estimated cost
established by division (C) of this section:
(a) Eighty per cent for fiscal year 2003;
(b) Sixty per cent for fiscal year 2004;
(c) Forty per cent for fiscal year 2005;
(d) Twenty per cent for fiscal year 2006.
In fiscal years 2003, 2004, 2005, and 2006 the educational
service center shall be responsible for the remainder of any costs
in excess of the amounts specified in division (D)(1)(a),(b), or
(c) of this section, as applicable, associated with the provision
and equipment of offices for the educational service center and
for provision of heat, light, water, and janitorial services for
such offices, including any unanticipated or unexpected increases
in the costs beyond the final estimated cost amount.
Beginning in fiscal year 2007, no board of county
commissioners shall have any obligation to provide and equip
offices for an educational service center or to provide heat,
light, water, or janitorial services for such offices.
(2) Nothing in this section shall prohibit the board of
county commissioners and the governing board of an educational
service center from entering into a contract for providing and
equipping offices for the use of an educational service center and
for providing heat, light, water, and janitorial services for such
offices. The term of any such contract shall not exceed a period
of four years and may be renewed for additional periods not to
exceed four years. Any such contract shall supersede the
provisions of division (D)(1) of this section and no educational
service center may be charged, at any time, any additional amount
for the county's provision of an office and equipment, heat,
light, water, and janitorial services beyond the amount specified
in such contract.
(3) No contract entered into under division (D)(2) of this
section in any year prior to fiscal year 2007 between an
educational service center formed under section 3311.053 of the
Revised Code and the board of county commissioners required to
provide and equip its office pursuant to division (B) of this
section shall take effect unless the boards of county
commissioners of all other counties required to participate in
the funding for such offices pursuant to division (B) of this
section adopt resolutions approving the contract.
Sec. 3321.01. (A)(1) As used in this chapter,
"parent,"
"guardian," or
"other person having charge or care of a child"
means either parent unless the parents are separated or divorced
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and legal
custodian of the child. If the child is in the legal or
permanent
custody of a person or government agency,
"parent"
means that
person or government agency. When a child is a
resident of a
home, as defined in section 3313.64 of the Revised
Code, and the
child's parent is not a resident of this state,
"parent,"
"guardian," or
"other person having charge or care of a child"
means
the head of the home.
A child between six and eighteen years of age is
"of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code. A child under six years of age who
has been
enrolled in kindergarten also shall be considered
"of
compulsory school age"
for the purpose of sections 3321.01 to
3321.13 of the Revised Code unless at
any time the child's parent
or guardian, at the parent's or guardian's
discretion and in
consultation with the child's teacher and principal,
formally
withdraws the child from kindergarten. The compulsory school age
of
a
child shall not commence until the beginning of the term of
such
schools, or other time in the school year fixed by the rules
of
the board of the district in which the child resides.
(2) No child shall be admitted to a kindergarten or a first
grade of a public school in a district in which all children are
admitted to kindergarten and the first grade in August or
September unless the child is five or six years of age,
respectively, by
the thirtieth day of September
of the year of
admittance, or by
the first day of a term or semester other than
one beginning in
August or September in school districts granting
admittance at
the beginning of such term or semester, except that
in those
school districts using or obtaining educationally
accepted
standardized testing programs for determining entrance,
as
approved by the board of education of such districts, the board
shall admit a child to kindergarten or the first grade who fails
to
meet the age requirement, provided the child meets necessary
standards as determined by such standardized testing programs.
If
the board of education has not established a standardized
testing
program, the board shall designate the necessary
standards and a
testing program it will accept for the purpose of
admitting a
child to kindergarten or first grade who fails to
meet the age
requirement. Each child who will be the proper age
for entrance
to kindergarten or first grade by the first day of
January of the
school year for which admission is requested shall
be so tested
upon the request of the child's parent.
(3) Notwithstanding divisions (A)(2) and (D) of
this
section, beginning with the school year that starts in 2001 and
continuing thereafter the board of education of any district may
adopt a
resolution establishing the first day of August in lieu of
the
thirtieth day of September as the required date by which
students
must have attained the age specified in those divisions.
(B) As used in divisions (C) and (D) of this section,
"successfully completed kindergarten" and
"successful completion
of kindergarten" mean that the child has completed the
kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter
5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a
teacher who holds one of the following:
(i) A valid educator license issued under
section 3319.22 of
the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate
diploma granted by the American Montessori society or the
association Montessori internationale;
(iii) Certification determined under division (G) of this
section to be equivalent to that described in division
(B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported
schools
pursuant to section 3301.071 of the Revised Code.
(C) Except as provided in division (D) of this section, no
school district shall admit to the first grade any child who has
not successfully completed kindergarten.
(D) Upon request of a parent, the requirement of division
(C) of this section may be waived by the district's pupil
personnel services committee in the case of a child who is at
least six years of age by the thirtieth day of
September of the
year of admittance and who demonstrates to the satisfaction of
the
committee the possession of the social,
emotional, and cognitive
skills necessary for first grade.
The board of education of each city, local, and exempted
village school district shall establish a pupil personnel
services
committee. The committee shall be composed of all of
the
following to the extent such personnel are either employed by
the
district or employed by the governing board of
the educational
service center within
whose territory the district is located and
the educational service center generally furnishes the services of
such personnel to the district:
(1) The director of pupil personnel services;
(2) An elementary school counselor;
(3) An elementary school principal;
(4) A school psychologist;
(5) A teacher assigned to teach first grade;
(6) A gifted coordinator.
The responsibilities of the pupil personnel services
committee shall be limited to the issuing of waivers allowing
admittance to the first grade without the successful completion
of
kindergarten. The committee shall have no other authority
except
as specified in this section.
(E) The scheduling of times for kindergarten classes and
length of the school day for kindergarten shall be determined by
the board of education of a city, exempted village, or local
school district.
(F) Any kindergarten class offered by a day-care provider
or
school described by division (B)(1) or (B)(2)(a) of this
section
shall be developmentally appropriate.
(G) Upon written request of a day-care provider described
by
division (B)(2)(a) of this section, the department of
education
shall determine whether certification held by a teacher
employed
by the provider meets the requirement of division
(B)(2)(b)(iii)
of this section and, if so, shall furnish the
provider a statement
to that effect.
Sec. 3323.09. (A) As used in this section:
(1)
"Home" has the meaning given in section 3313.64 of the
Revised Code;
(2)
"Preschool child" means a child who is at least age
three
but under age six on the thirtieth day of September of an
academic
year.
(B) Each county MR/DD board shall establish special
education programs for all handicapped children who in accordance
with section 3323.04 of the Revised Code have been placed in
special education programs operated by the county board and for
preschool children who are developmentally delayed or at risk of
being developmentally delayed. The board annually shall submit
to
the department of education a plan for the provision of these
programs and, if applicable, a request for approval of units
under
section 3317.05 of the Revised Code. The superintendent of
public
instruction shall review the plan and approve or modify it
in
accordance with rules adopted by the state board of education
under section 3301.07 of the Revised Code. The superintendent of
public instruction shall compile the plans submitted by county
boards and shall submit a comprehensive plan to the state board
of
education.
A county MR/DD board may combine transportation for
children
enrolled in
classes funded under section 3317.20 or units approved
under section 3317.05 with
transportation for children and adults
enrolled in programs and
services offered by the board under
section 5126.12 of the Revised Code.
(C) A county MR/DD board that during the school year
provided special education pursuant to this section for any
mentally handicapped child under twenty-two years of age shall
prepare and submit the following reports and statements:
(1) The board shall prepare a statement for each child who
at the time of receiving such special education was a resident of
a home and was not in the legal or permanent custody of an Ohio
resident or a government agency in this state, and whose parents
are not known to have been residents of this state subsequent to
the child's birth. The statement shall contain the child's name,
the name of
his
the child's school district of residence, the
name
of the
county board providing the special education, and the
number of
months, including any fraction of a month, it was
provided. Not
later than the thirtieth day of June, the board
shall forward a
certified copy of such statement to both the
director of mental
retardation and developmental disabilities and
to the home.
Within thirty days after its receipt of a statement, the
home
shall pay tuition to the county board computed in the manner
prescribed by section 3323.141 of the Revised Code.
(2) The board shall prepare a report for each school
district that is the school district of residence of one or more
of such children for whom statements are not required by division
(C)(1) of this section. The report shall contain the name of the
county board providing special education, the name of each child
receiving special education, the number of months, including
fractions of a month, that
he
the child received it, and the
name
of the
child's school district of residence. Not later than the
thirtieth day of June, the board shall forward certified copies
of
each report to the school district named in the report, the
superintendent of public instruction, and the director of mental
retardation and developmental disabilities.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for handicapped children in
institutions under
their jurisdiction according to standards
adopted by the state
board of education. The superintendent of
each institution
providing special education under this chapter
may apply to the
state department of education for unit funding,
which shall be
paid in accordance with sections
3317.161
3317.052
and
3317.162
3317.053 of the Revised Code.
(B) On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each handicapped child under twenty-two
years of
age who has received special education. The statement
shall
contain the child's name and the name of the child's school
district of residence. Within sixty days after receipt of such
statement, the department of education shall perform one of the
following:
(1) For any child except a handicapped preschool child
described in division (B)(2) of this section, pay to the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any handicapped preschool child not included in a
unit approved under division (B) of section 3317.05 of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount equal to the tuition calculated under division (B) of
section 3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (B)(2)(a) of this section.
Sec. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
his
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code.
(B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
his
the driver's physical fitness for
such
employment.
Any
The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery;
(2) A registered nurse who holds a certificate of authority
issued under Chapter 4723. of the Revised Code to practice as a
certified nurse practitioner or clinical nurse specialist and is
practicing pursuant to a standard care arrangement with a
collaborating physician.
Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district.
(D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
his
the person's commercial driver's license
suspended
or revoked
shall drive a school bus or motor van until such person
has filed a
written notice of such conviction, suspension, or
revocation as
follows:
(1) If
he
the person is employed under division (A) of this
section,
such notice shall be filed with the superintendent, or a
person
designated by the superintendent, of the school district
for
which such person drives a school bus or motor van as an
employee or
drives a privately owned and operated school bus or
motor van
under contract.
(2) If employed under division (B) of this section,
such
notice shall be filed with the employing school
administrator or
contractor, or a person designated by the
administrator or
contractor.
(E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
Sec. 3333.02. The Ohio board of regents shall hold its
first
meeting at the call of the governor, within three months
after all
members have been appointed and qualified. Meetings
thereafter
shall be called in such manner and at such times as
prescribed by
rules adopted by the board, but the board shall
meet at least four
times annually. A majority of the board
constitutes a quorum. At
its first meeting, the board shall
organize by selecting a
chairman
chairperson, a
vice-chairman
vice-chairperson, and a
secretary, and such other officers as it deems necessary. The
board shall adopt rules for the conduct of its business, and to
provide for the term and election of officers, and shall
establish
an office in Columbus.
The rules shall permit the formation of a
quorum and the taking of votes at meetings conducted by
interactive video teleconference if provisions are made for public
attendance at any location involved in such a teleconference.
A record shall be kept of board proceedings, which shall be
open for public inspection. The board shall adopt a seal to be
affixed to official documents. Each member of the board, before
entering on
his official duties and after qualifying for office,
shall take and subscribe to an oath of office, to uphold the
constitution and laws of the United States and this state, and to
perform the duties of
his office honestly, faithfully, and
impartially.
Sec. 3333.03. (A) The Ohio board of regents shall appoint
a
chancellor to serve at its pleasure and shall prescribe
his
the
chancellor's
duties. The board shall fix the compensation for the
chancellor
and for all other professional, administrative, and
clerical
employees necessary to assist the board and the
chancellor in the
performance of their duties.
(B) The chancellor is the administrative officer of the
board, and is responsible for appointing
and fixing the
compensation of all
professional, administrative, and clerical
employees and staff
members, subject to board approval, who
necessary to assist the board and the chancellor in the
performance of their duties. All employees and staff shall serve
under
his
the
chancellor's
direction and control. The chancellor
shall be a person
qualified by training and experience to
understand the problems
and needs of the state in the field of
higher education and to
devise programs, plans, and methods of
solving the problems and
meeting the needs.
(C) Neither the chancellor nor any staff member or
employee
of the board shall be a trustee, officer, or employee of
any
public or private college or university while serving on the
board.
Sec. 3333.043. (A) As used in this section:
(1)
"Institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
municipal educational institutions established under Chapter
3349.
of the Revised Code, community colleges established under
Chapter
3354. of the Revised Code, university branches
established under
Chapter 3355. of the Revised Code, technical
colleges established
under Chapter 3357. of the Revised Code,
state community colleges
established under Chapter 3358. of the
Revised Code, any
institution of higher education with a
certificate of registration
from the state board of proprietary
school registration, and any
institution for which the Ohio board
of regents receives a notice
pursuant to division (C) of this
section.
(2)
"Community service" has the same meaning as in section
3313.605 of the Revised Code.
(B)(1) The board of trustees or other governing entity of
each institution of higher education shall encourage and promote
participation of students in community service through a program
appropriate to the mission, student population, and environment
of
each institution. The program may include, but not be limited
to,
providing information about community service opportunities
during
student orientation or in student publications; providing
awards
for exemplary community service; encouraging faculty
members to
incorporate community service into students' academic
experiences
wherever appropriate to the curriculum; encouraging
recognized
student organizations to undertake community service
projects as
part of their purposes;
and establishing advisory
committees of
students, faculty members, and community and
business leaders to
develop cooperative programs that benefit the
community and
enhance student experience. The program shall be
flexible in
design so as to permit participation by the greatest
possible
number of students, including part-time students and
students for
whom participation may be difficult due to
financial, academic,
personal, or other considerations. The
program shall emphasize
community service opportunities that can
most effectively use the
skills of students, such as tutoring or
literacy programs. The
programs shall encourage students to
perform services that will
not supplant the hiring of, result in
the displacement of, or
impair any existing employment contracts
of any particular
employee of any private or governmental entity
for which services
are performed.
(2) The Ohio board of regents shall encourage all
institutions of higher education in the development of community
service programs. With the assistance of the
state
Ohio community
service
advisory committee
council created in section 121.40 of
the
Revised Code, the board of regents shall make available
information about higher education community service programs to
institutions of higher education and to statewide organizations
involved with or promoting volunteerism, including information
about model community service programs, teacher training courses,
and community service curricula and teaching materials for
possible use by institutions of higher education in their
programs. The board shall encourage institutions of higher
education to jointly coordinate higher education community
service
programs through consortia of institutions or other
appropriate
means of coordination.
(C) The board of trustees of any nonprofit institution
with
a certificate of authorization issued by the Ohio board of
regents
pursuant to Chapter 1713. of the Revised Code may notify
the board
of regents that it is making itself subject to
divisions (A) and
(B) of this section. Upon receipt of such a
notice, these
divisions shall apply to that institution.
Sec. 3333.12. (A) As used in this section:
(1)
"Eligible student" means an undergraduate student who
is:
(b) Enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization from the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or has a
certificate of registration from the state board of proprietary
school registration and program authorization to award an
associate or bachelor's degree. Students who attend an
institution that holds a certificate of registration shall be
enrolled in a program leading to an associate or bachelor's
degree
for which associate or bachelor's degree program the
institution
has program authorization issued under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(c) Enrolled as a full-time student or enrolled as a less
than full-time student for the term expected to be the
student's
final term
of enrollment and is enrolled for the number of credit
hours
necessary to complete the requirements of the program in
which
the student is enrolled.
(2)
"Gross income" includes all taxable and nontaxable
income
of the parents, the student, and the student's spouse,
except
income derived from an Ohio academic scholarship,
income
earned by
the student between the last day of the spring
term and
the first
day of the fall term,
and other income exclusions
designated by
the board. Gross income
may be verified to the
board by the
institution in which the student is
enrolled using
the federal
financial aid eligibility verification
process
or by
other means
satisfactory to the board.
(3)
"Resident,"
"full-time student,"
"dependent,"
"financially independent," and
"accredited" shall be defined by
rules adopted by the board.
(B) The Ohio board of regents shall establish and
administer
an instructional grant program and may adopt rules to
carry out
this section. The general assembly shall support the
instructional grant program by such sums and in such manner as it
may provide, but the board may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of income, beginning with the lowest income
category of gross income and proceeding upward by category to the
highest gross income category.
An instructional grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
instructional grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(b)
and (c) of this section. Instructional grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the board. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
An instructional grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
For a full-time student who is a dependent and
enrolled in a
nonprofit educational institution that is not a
state-assisted
institution and that has a certificate of
authorization issued
pursuant to Chapter 1713. of the Revised
Code, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year
shall be determined in
accordance with the following table:
Table of Grants
|
Maximum Grant $4,872 |
Gross Income |
Number of Dependents |
Under $13,001 |
|
$4,872 |
|
$4,872 |
|
$4,872 |
|
$4,872 |
|
$4,872 |
$13,001 - $14,000 |
|
4,386 |
|
4,872 |
|
4,872 |
|
4,872 |
|
4,872 |
$14,001 - $15,000 |
|
3,888 |
|
4,386 |
|
4,872 |
|
4,872 |
|
4,872 |
$15,001 - $16,000 |
|
3,408 |
|
3,888 |
|
4,386 |
|
4,872 |
|
4,872 |
$16,001 - $17,000 |
|
2,928 |
|
3,408 |
|
3,888 |
|
4,386 |
|
4,872 |
$17,001 - $20,000 |
|
2,442 |
|
2,928 |
|
3,408 |
|
3,888 |
|
4,386 |
$20,001 - $23,000 |
|
1,944 |
|
2,442 |
|
2,928 |
|
3,408 |
|
3,888 |
$23,001 - $26,000 |
|
1,452 |
|
1,944 |
|
2,442 |
|
2,928 |
|
3,408 |
$26,001 - $29,000 |
|
1,200 |
|
1,452 |
|
1,944 |
|
2,442 |
|
2,928 |
$29,001 - $30,000 |
|
966 |
|
1,200 |
|
1,452 |
|
1,944 |
|
2,442 |
$30,001 - $31,000 |
|
882 |
|
966 |
|
1,200 |
|
1,452 |
|
1,944 |
$31,001 - $32,000 |
|
792 |
|
882 |
|
966 |
|
1,200 |
|
1,452 |
$32,001 - $33,000 |
|
396 |
|
792 |
|
882 |
|
966 |
|
1,200 |
$33,001 - $34,000 |
|
-0- |
|
396 |
|
792 |
|
882 |
|
966 |
$34,001 - $35,000 |
|
-0- |
|
-0- |
|
396 |
|
792 |
|
882 |
$35,001 - $36,000 |
|
-0- |
|
-0- |
|
-0- |
|
396 |
|
792 |
$36,001 - $37,000 |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
|
396 |
Over $37,000 |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
$15,001 - $16,000 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
|
5,466 |
$16,001 - $17,000 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
$17,001 - $18,000 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
$18,001 - $19,000 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
$19,001 - $22,000 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
$22,001 - $25,000 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
$25,001 - $28,000 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
$28,001 - $31,000 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
$31,001 - $32,000 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
$32,001 - $33,000 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
$33,001 - $34,000 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
$34,001 - $35,000 |
|
444 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
$35,001 - $36,000 |
|
-- |
|
444 |
|
888 |
|
984 |
|
1,080 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
444 |
|
888 |
|
984 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
444 |
|
888 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters,
three quarters, or a comparable portion of
the academic year
shall
be determined in accordance with the following table:
Table of Grants
|
Maximum Grant $4,872 |
Gross Income |
Number of Dependents |
Under $4,201 |
$4,872 |
|
$4,872 |
|
$4,872 |
$4,872 |
$4,872 |
|
$4,872 |
$4,201 - $4,800 |
4,386 |
|
4,872 |
|
4,872 |
4,872 |
4,872 |
|
4,872 |
$4,801 - $5,300 |
3,888 |
|
4,386 |
|
4,872 |
4,872 |
4,872 |
|
4,872 |
$5,301 - $5,800 |
3,408 |
|
3,888 |
|
4,386 |
4,872 |
4,872 |
|
4,872 |
$5,801 - $6,300 |
2,928 |
|
3,408 |
|
3,888 |
4,386 |
4,872 |
|
4,872 |
$6,301 - $6,800 |
2,442 |
|
2,928 |
|
3,408 |
3,888 |
4,386 |
|
4,872 |
$6,801 - $7,800 |
1,944 |
|
2,442 |
|
2,928 |
3,408 |
3,888 |
|
4,386 |
$7,801 - $8,800 |
1,452 |
|
1,944 |
|
2,442 |
2,928 |
3,408 |
|
3,888 |
$8,801 - $9,800 |
1,200 |
|
1,452 |
|
1,944 |
2,442 |
2,928 |
|
3,408 |
$9,801 - $11,300 |
966 |
|
1,200 |
|
1,452 |
1,944 |
2,442 |
|
2,928 |
$11,301 - $12,800 |
882 |
|
966 |
|
1,200 |
1,452 |
1,944 |
|
2,442 |
$12,801 - $14,300 |
792 |
|
882 |
|
966 |
1,200 |
1,452 |
|
1,944 |
$14,301 - $15,800 |
396 |
|
792 |
|
882 |
966 |
1,200 |
|
1,452 |
$15,801 - $18,800 |
-0- |
|
396 |
|
792 |
882 |
966 |
|
1,200 |
$18,801 - $21,800 |
-0- |
|
-0- |
|
396 |
792 |
882 |
|
966 |
$21,801 - $24,800 |
-0- |
|
-0- |
|
-0- |
396 |
792 |
|
882 |
$24,801 - $29,500 |
-0- |
|
-0- |
|
-0- |
-0- |
396 |
|
792 |
$29,501 - $34,500 |
-0- |
|
-0- |
|
-0- |
-0- |
-0- |
|
396 |
Over $34,500 |
-0- |
|
-0- |
|
-0- |
-0- |
-0- |
|
-0- |
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$5,466 |
|
$5,466 |
|
$5,466 |
$5,466 |
$5,466 |
|
$5,466 |
$4,801 - $5,300 |
4,920 |
|
5,466 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,301 - $5,800 |
4,362 |
|
4,920 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,801 - $6,300 |
3,828 |
|
4,362 |
|
4,920 |
5,466 |
5,466 |
|
5,466 |
$6,301 - $6,800 |
3,288 |
|
3,828 |
|
4,362 |
4,920 |
5,466 |
|
5,466 |
$6,801 - $7,300 |
2,736 |
|
3,288 |
|
3,828 |
4,362 |
4,920 |
|
5,466 |
$7,301 - $8,300 |
2,178 |
|
2,736 |
|
3,288 |
3,828 |
4,362 |
|
4,920 |
$8,301 - $9,300 |
1,626 |
|
2,178 |
|
2,736 |
3,288 |
3,828 |
|
4,362 |
$9,301 - $10,300 |
1,344 |
|
1,626 |
|
2,178 |
2,736 |
3,288 |
|
3,828 |
$10,301 - $11,800 |
1,080 |
|
1,344 |
|
1,626 |
2,178 |
2,736 |
|
3,288 |
$11,801 - $13,300 |
984 |
|
1,080 |
|
1,344 |
1,626 |
2,178 |
|
2,736 |
$13,301 - $14,800 |
888 |
|
984 |
|
1,080 |
1,344 |
1,626 |
|
2,178 |
$14,801 - $16,300 |
444 |
|
888 |
|
984 |
1,080 |
1,344 |
|
1,626 |
$16,301 - $19,300 |
-- |
|
444 |
|
888 |
984 |
1,080 |
|
1,344 |
$19,301 - $22,300 |
-- |
|
-- |
|
444 |
888 |
984 |
|
1,080 |
$22,301 - $25,300 |
-- |
|
-- |
|
-- |
444 |
888 |
|
984 |
$25,301 - $30,300 |
-- |
|
-- |
|
-- |
-- |
444 |
|
888 |
$30,301 - $35,300 |
-- |
|
-- |
|
-- |
-- |
-- |
|
444 |
For a full-time student who is a dependent and enrolled in
an
educational institution that holds a certificate of
registration
from the state board of proprietary school
registration, the
amount of the instructional grant for
two semesters, three
quarters, or a comparable portion of
the academic year shall be
determined in accordance with the
following table:
Table of Grants
|
Maximum Grant $4,128 |
Gross Income |
Number of Dependents |
Under $13,001 |
|
$4,128 |
|
$4,128 |
|
$4,128 |
|
$4,128 |
|
$4,128 |
$13,001 - $14,000 |
|
3,726 |
|
4,128 |
|
4,128 |
|
4,128 |
|
4,128 |
$14,001 - $15,000 |
|
3,288 |
|
3,726 |
|
4,128 |
|
4,128 |
|
4,128 |
$15,001 - $16,000 |
|
2,874 |
|
3,288 |
|
3,726 |
|
4,128 |
|
4,128 |
$16,001 - $17,000 |
|
2,490 |
|
2,874 |
|
3,288 |
|
3,726 |
|
4,128 |
$17,001 - $20,000 |
|
2,046 |
|
2,490 |
|
2,874 |
|
3,288 |
|
3,726 |
$20,001 - $23,000 |
|
1,656 |
|
2,046 |
|
2,490 |
|
2,874 |
|
3,288 |
$23,001 - $26,000 |
|
1,266 |
|
1,656 |
|
2,046 |
|
2,490 |
|
2,874 |
$26,001 - $29,000 |
|
1,014 |
|
1,266 |
|
1,656 |
|
2,046 |
|
2,490 |
$29,001 - $30,000 |
|
810 |
|
1,014 |
|
1,266 |
|
1,656 |
|
2,046 |
$30,001 - $31,000 |
|
762 |
|
810 |
|
1,014 |
|
1,266 |
|
1,656 |
$31,001 - $32,000 |
|
672 |
|
762 |
|
810 |
|
1,014 |
|
1,266 |
$32,001 - $33,000 |
|
336 |
|
672 |
|
762 |
|
810 |
|
1,014 |
$33,001 - $34,000 |
|
-0- |
|
336 |
|
672 |
|
762 |
|
810 |
$34,001 - $35,000 |
|
-0- |
|
-0- |
|
336 |
|
672 |
|
762 |
$35,001 - $36,000 |
|
-0- |
|
-0- |
|
-0- |
|
336 |
|
672 |
$36,001 - $37,000 |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
|
336 |
Over $37,000 |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
Proprietary InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
$15,001 - $16,000 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
|
4,632 |
$16,001 - $17,000 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
$17,001 - $18,000 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
$18,001 - $19,000 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
$19,001 - $22,000 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
$22,001 - $25,000 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
$25,001 - $28,000 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
$28,001 - $31,000 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
$31,001 - $32,000 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
$32,001 - $33,000 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
$33,001 - $34,000 |
|
750 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
$34,001 - $35,000 |
|
372 |
|
750 |
|
852 |
|
906 |
|
1,134 |
$35,001 - $36,000 |
|
-- |
|
372 |
|
750 |
|
852 |
|
906 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
372 |
|
750 |
|
852 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
372 |
|
750 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate
of
registration from the state board of proprietary school
registration, the amount of the instructional grant for
two
semesters, three quarters, or a comparable portion of
the academic
year shall be determined in accordance with the
following table:
Table of Grants
|
Maximum Grant $4,128 |
Gross Income |
Number of Dependents |
Under $4,201 |
$4,128 |
|
$4,128 |
|
$4,128 |
$4,128 |
$4,128 |
|
$4,128 |
$4,201 - $4,800 |
3,726 |
|
4,128 |
|
4,128 |
4,128 |
4,128 |
|
4,128 |
$4,801 - $5,300 |
3,288 |
|
3,726 |
|
4,128 |
4,128 |
4,128 |
|
4,128 |
$5,301 - $5,800 |
2,874 |
|
3,288 |
|
3,726 |
4,128 |
4,128 |
|
4,128 |
$5,801 - $6,300 |
2,490 |
|
2,874 |
|
3,288 |
3,726 |
4,128 |
|
4,128 |
$6,301 - $6,800 |
2,046 |
|
2,490 |
|
2,874 |
3,288 |
3,726 |
|
4,128 |
$6,801 - $7,800 |
1,656 |
|
2,046 |
|
2,490 |
2,874 |
3,288 |
|
3,726 |
$7,801 - $8,800 |
1,266 |
|
1,656 |
|
2,046 |
2,490 |
2,874 |
|
3,288 |
$8,801 - $9,800 |
1,014 |
|
1,266 |
|
1,656 |
2,046 |
2,490 |
|
2,874 |
$9,801 - $11,300 |
810 |
|
1,014 |
|
1,266 |
1,656 |
2,046 |
|
2,490 |
$11,301 - $12,800 |
762 |
|
810 |
|
1,014 |
1,266 |
1,656 |
|
2,046 |
$12,801 - $14,300 |
672 |
|
762 |
|
810 |
1,014 |
1,266 |
|
1,656 |
$14,301 - $15,800 |
336 |
|
672 |
|
762 |
810 |
1,014 |
|
1,266 |
$15,801 - $18,800 |
-0- |
|
336 |
|
672 |
762 |
810 |
|
1,014 |
$18,801 - $21,800 |
-0- |
|
-0- |
|
336 |
672 |
762 |
|
810 |
$21,801 - $24,800 |
-0- |
|
-0- |
|
-0- |
336 |
672 |
|
762 |
$24,801 - $29,500 |
-0- |
|
-0- |
|
-0- |
-0- |
336 |
|
672 |
$29,501 - $34,500 |
-0- |
|
-0- |
|
-0- |
-0- |
-0- |
|
336 |
Over $34,500 |
-0- |
|
-0- |
|
-0- |
-0- |
-0- |
|
-0- |
Proprietary InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$4,632 |
|
$4,632 |
|
$4,632 |
$4,632 |
$4,632 |
|
$4,632 |
$4,801 - $5,300 |
4,182 |
|
4,632 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,301 - $5,800 |
3,684 |
|
4,182 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,801 - $6,300 |
3,222 |
|
3,684 |
|
4,182 |
4,632 |
4,632 |
|
4,632 |
$6,301 - $6,800 |
2,790 |
|
3,222 |
|
3,684 |
4,182 |
4,632 |
|
4,632 |
$6,801 - $7,300 |
2,292 |
|
2,790 |
|
3,222 |
3,684 |
4,182 |
|
4,632 |
$7,301 - $8,300 |
1,854 |
|
2,292 |
|
2,790 |
3,222 |
3,684 |
|
4,182 |
$8,301 - $9,300 |
1,416 |
|
1,854 |
|
2,292 |
2,790 |
3,222 |
|
3,684 |
$9,301 - $10,300 |
1,134 |
|
1,416 |
|
1,854 |
2,292 |
2,790 |
|
3,222 |
$10,301 - $11,800 |
906 |
|
1,134 |
|
1,416 |
1,854 |
2,292 |
|
2,790 |
$11,801 - $13,300 |
852 |
|
906 |
|
1,134 |
1,416 |
1,854 |
|
2,292 |
$13,301 - $14,800 |
750 |
|
852 |
|
906 |
1,134 |
1,416 |
|
1,854 |
$14,801 - $16,300 |
372 |
|
750 |
|
852 |
906 |
1,134 |
|
1,416 |
$16,301 - $19,300 |
-- |
|
372 |
|
750 |
852 |
906 |
|
1,134 |
$19,301 - $22,300 |
-- |
|
-- |
|
372 |
750 |
852 |
|
906 |
$22,301 - $25,300 |
-- |
|
-- |
|
-- |
372 |
750 |
|
852 |
$25,301 - $30,300 |
-- |
|
-- |
|
-- |
-- |
372 |
|
750 |
$30,301 - $35,300 |
-- |
|
-- |
|
-- |
-- |
-- |
|
372 |
For a full-time student who is a dependent and enrolled in
a
state-assisted educational institution, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be determined in
accordance with the following table:
|
Maximum Grant $1,956 |
Gross Income |
Number of Dependents |
Table of Grants
Under $13,001 |
|
$1,956 |
|
$1,956 |
|
$1,956 |
|
$1,956 |
|
$1,956 |
$13,001 - $14,000 |
|
1,764 |
|
1,956 |
|
1,956 |
|
1,956 |
|
1,956 |
$14,001 - $15,000 |
|
1,554 |
|
1,764 |
|
1,956 |
|
1,956 |
|
1,956 |
$15,001 - $16,000 |
|
1,380 |
|
1,554 |
|
1,764 |
|
1,956 |
|
1,956 |
$16,001 - $17,000 |
|
1,182 |
|
1,380 |
|
1,554 |
|
1,764 |
|
1,956 |
$17,001 - $20,000 |
|
966 |
|
1,182 |
|
1,380 |
|
1,554 |
|
1,764 |
$20,001 - $23,000 |
|
774 |
|
966 |
|
1,182 |
|
1,380 |
|
1,554 |
$23,001 - $26,000 |
|
582 |
|
774 |
|
966 |
|
1,182 |
|
1,380 |
$26,001 - $29,000 |
|
468 |
|
582 |
|
774 |
|
966 |
|
1,182 |
$29,001 - $30,000 |
|
378 |
|
468 |
|
582 |
|
774 |
|
966 |
$30,001 - $31,000 |
|
348 |
|
378 |
|
468 |
|
582 |
|
774 |
$31,001 - $32,000 |
|
318 |
|
348 |
|
378 |
|
468 |
|
582 |
$32,001 - $33,000 |
|
162 |
|
318 |
|
348 |
|
378 |
|
468 |
$33,001 - $34,000 |
|
-0- |
|
162 |
|
318 |
|
348 |
|
378 |
$34,001 - $35,000 |
|
-0- |
|
-0- |
|
162 |
|
318 |
|
348 |
$35,001 - $36,000 |
|
-0- |
|
-0- |
|
-0- |
|
162 |
|
318 |
$36,001 - $37,000 |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
|
162 |
Over $37,000 |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
|
-0- |
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$15,001 - $16,000 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
|
2,190 |
$16,001 - $17,000 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
$17,001 - $18,000 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
$18,001 - $19,000 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
$19,001 - $22,000 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
$22,001 - $25,000 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
$25,001 - $28,000 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
$28,001 - $31,000 |
|
522 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
$31,001 - $32,000 |
|
420 |
|
522 |
|
648 |
|
864 |
|
1,080 |
$32,001 - $33,000 |
|
384 |
|
420 |
|
522 |
|
648 |
|
864 |
$33,001 - $34,000 |
|
354 |
|
384 |
|
420 |
|
522 |
|
648 |
$34,001 - $35,000 |
|
174 |
|
354 |
|
384 |
|
420 |
|
522 |
$35,001 - $36,000 |
|
-- |
|
174 |
|
354 |
|
384 |
|
420 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
174 |
|
354 |
|
384 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
174 |
|
354 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be
determined in
accordance with the following table:
Table of Grants
|
Maximum Grant $1,956 |
Gross Income |
Number of Dependents |
Under $4,201 |
$1,956 |
|
$1,956 |
|
$1,956 |
$1,956 |
$1,956 |
|
$1,956 |
4,201 - $4,800 |
1,764 |
|
1,956 |
|
1,956 |
1,956 |
1,956 |
|
1,956 |
$4,801 - $5,300 |
1,554 |
|
1,764 |
|
1,956 |
1,956 |
1,956 |
|
1,956 |
$5,301 - $5,800 |
1,380 |
|
1,554 |
|
1,764 |
1,956 |
1,956 |
|
1,956 |
$5,801 - $6,300 |
1,182 |
|
1,380 |
|
1,554 |
1,764 |
1,956 |
|
1,956 |
$6,301 - $6,800 |
966 |
|
1,182 |
|
1,380 |
1,554 |
1,764 |
|
1,956 |
$6,801 - $7,800 |
774 |
|
966 |
|
1,182 |
1,380 |
1,554 |
|
1,764 |
$7,801 - $8,800 |
582 |
|
774 |
|
966 |
1,182 |
1,380 |
|
1,554 |
$8,801 - $9,800 |
468 |
|
582 |
|
774 |
966 |
1,182 |
|
1,380 |
$9,801 - $11,300 |
378 |
|
468 |
|
582 |
774 |
966 |
|
1,182 |
$11,301 - $12,800 |
348 |
|
378 |
|
468 |
582 |
774 |
|
966 |
$12,801 - $14,300 |
318 |
|
348 |
|
378 |
468 |
582 |
|
774 |
$14,301 - $15,800 |
162 |
|
318 |
|
348 |
378 |
468 |
|
582 |
$15,801 - $18,800 |
-0- |
|
162 |
|
318 |
348 |
378 |
|
468 |
$18,801 - $21,800 |
-0- |
|
-0- |
|
162 |
318 |
348 |
|
378 |
$21,801 - $24,800 |
-0- |
|
-0- |
|
-0- |
162 |
318 |
|
348 |
$24,801 - $29,500 |
-0- |
|
-0- |
|
-0- |
-0- |
162 |
|
318 |
$29,501 - $34,500 |
-0- |
|
-0- |
|
-0- |
-0- |
-0- |
|
162 |
Over $34,500 |
-0- |
|
-0- |
|
-0- |
-0- |
-0- |
|
-0- |
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$2,190 |
$2,190 |
|
$2,190 |
$4,801 - $5,300 |
|
1,974 |
|
2,190 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,301 - $5,800 |
|
1,740 |
|
1,974 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,801 - $6,300 |
|
1,542 |
|
1,740 |
|
1,974 |
2,190 |
2,190 |
|
2,190 |
$6,301 - $6,800 |
|
1,320 |
|
1,542 |
|
1,740 |
1,974 |
2,190 |
|
2,190 |
$6,801 - $7,300 |
|
1,080 |
|
1,320 |
|
1,542 |
1,740 |
1,974 |
|
2,190 |
$7,301 - $8,300 |
|
864 |
|
1,080 |
|
1,320 |
1,542 |
1,740 |
|
1,974 |
$8,301 - $9,300 |
|
648 |
|
864 |
|
1,080 |
1,320 |
1,542 |
|
1,740 |
$9,301 - $10,300 |
|
522 |
|
648 |
|
864 |
1,080 |
1,320 |
|
1,542 |
$10,301 - $11,800 |
|
420 |
|
522 |
|
648 |
864 |
1,080 |
|
1,320 |
$11,801 - $13,300 |
|
384 |
|
420 |
|
522 |
648 |
864 |
|
1,080 |
$13,301 - $14,800 |
|
354 |
|
384 |
|
420 |
522 |
648 |
|
864 |
$14,801 - $16,300 |
|
174 |
|
354 |
|
384 |
420 |
522 |
|
648 |
$16,301 - $19,300 |
|
-- |
|
174 |
|
354 |
384 |
420 |
|
522 |
$19,301 - $22,300 |
|
-- |
|
-- |
|
174 |
354 |
384 |
|
420 |
$22,301 - $25,300 |
|
-- |
|
-- |
|
-- |
174 |
354 |
|
384 |
$25,301 - $30,300 |
|
-- |
|
-- |
|
-- |
-- |
174 |
|
354 |
$30,301 - $35,300 |
|
-- |
|
-- |
|
-- |
-- |
-- |
|
174 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The board shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving instructional grants under this section shall report to
the board all students who have received instructional
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The board shall immediately
notify the office
of budget and management and the legislative
budget office of the
legislative service commission of all
refunds so received.
Sec. 3333.13. (A) Money appropriated
to state supported
and
state assisted institutions of higher education and to the
Ohio
board of regents for the purposes of this division shall be
paid
at the times and in the amounts necessary to meet all
payments
required to be made
by such institutions and by the
board to the
Ohio public facilities commission
or treasurer of
state pursuant
to leases
or agreements made
by them under
division
(B) of section
154.21 of the Revised Code, as certified under
division (C) of
this section, including supplements to such
certifications.
(B)
Each such institution of higher education and the
The
board shall include in its estimate of proposed expenses
submitted
pursuant to section 126.02 of the Revised Code the
estimated
amounts of all such payments to be made by it. The
board shall
include the estimated amounts of all such payments to
be made
by
each such institution and of such payments to be made
by it in
recommendations for appropriation required by division
(J) of
section 3333.04 of the Revised Code. The director of
budget and
management shall include in the state budget estimates
provided
for in section 126.02 of the Revised Code the estimated
amount of
all such payments to be made during the next biennium,
and this
amount shall be included in the state budget to be
submitted by
the governor to the general assembly pursuant to
section 107.03 of
the Revised Code.
(C) On the first day of July of each year, or as soon
thereafter as is practicable, the chancellor
or a vice-chancellor
of the board shall
certify to the director the payments contracted
to be made,
during the period of the then current appropriations
made for the
purposes of division (A) of this section, to the
commission
or treasurer of state
by
each state supported and state
assisted institution of higher
education and by the board pursuant
to leases and agreements made
under division (B) of section 154.21
of the Revised Code. The
certification shall state the amounts
and dates of payment
required therefor
as to each such institution
of higher education
and the board, and the amounts to be credited
pursuant to such
leases and agreements to the higher education
bond service trust
fund and other special funds established
pursuant to Chapter 154.
of the Revised Code.
If
the director
finds such certification to
be correct, the
director
shall
promptly add the
director's certification thereto
and
submit
it to
the treasurer of state. Such annual
certification
shall be
supplemented in similar manner upon the
execution of
each new
lease or agreement, any supplement to an
existing lease
or
agreement, or any amendment thereof, affecting
the amounts of
those payments.
Sec. 3333.21. As used in sections 3333.21 to 3333.23 of
the
Revised Code,
"term" and
"academic year" mean
"term" and
"academic
year" as defined by the Ohio board
of regents.
The board shall establish and administer an academic
scholarship program. Under the program, a total of one thousand
new scholarships shall be awarded annually in the amount of
not
less than
two
thousand dollars per award. At least one such new
scholarship
shall be awarded annually to a student in each public
high school
and joint vocational school and each nonpublic high
school for
which the state board of education prescribes minimum
standards
in
accordance with section 3301.07 of the Revised Code.
To be eligible for the award of a scholarship, a student
shall be a resident of Ohio and shall be enrolled as a full-time
undergraduate student in an Ohio institution of higher education
that meets the requirements of Title VI of the
"Civil Rights Act
of 1964" and is state-assisted, is nonprofit and holds a
certificate of authorization issued under section 1713.02 of the
Revised Code, or holds a certificate of registration and program
authorization issued under section 3332.05 of the Revised Code
and
awards an associate or bachelor's degree. Students who
attend an
institution holding a certificate of registration shall
be
enrolled in a program leading to an associate or bachelor's
degree
for which associate or bachelor's degree program the
institution
has program authorization to offer the program issued
under
section 3332.05 of the Revised Code.
"Resident" and
"full-time student" shall be defined by
board
rule.
The board shall award the scholarships on the basis
of a
formula designed by it to identify students with the highest
capability for successful college study. The formula shall weigh
the factor of achievement, as measured by grade point average,
and
the factor of ability, as measured by performance on a
competitive
examination specified by the board. Students
receiving
scholarships shall be known as
"Ohio academic
scholars."
Annually,
not later than the thirty-first day of
July, the board
shall
report to the governor and the
general assembly on the
performance
of current Ohio academic scholars and
the
effectiveness of its
formula.
Sec. 3333.22. Each Ohio academic scholarship shall be
awarded for an academic year and may be renewed for each of three
additional
academic years. The
scholarship amount awarded to a
scholar for an academic year shall be
not less than two
thousand
dollars. A
scholarship shall be renewed if the
scholar maintains
an
academic
record satisfactory to the Ohio
board of regents and
meets any of
the following conditions:
(A) The scholar is enrolled as a full-time undergraduate;
(B) The scholar was awarded an undergraduate degree in less
than
four academic years and is enrolled as a full-time graduate
or
professional student in an Ohio institution of higher education
that meets the requirements of Title VI of the
"Civil Rights Act
of 1964" and is state-assisted or is nonprofit and holds a
certificate of authorization issued under section 1713.02 of the
Revised Code;
(C) The scholar is a full-time student concurrently enrolled
as an
undergraduate student and as a graduate or professional
student
in an Ohio institution of higher education that meets the
requirements of division (B) of this section.
Each amount awarded shall be paid in equal installments to
the scholar at the time of enrollment for each term of the
academic year for which the scholarship is awarded or renewed. No
scholar is eligible to receive an Ohio academic scholarship
for
more than the equivalent of four academic years.
If an Ohio academic scholar is temporarily unable to attend
school because of illness or other cause satisfactory to the
board, the board may grant a
leave of absence for a
designated
period of time. If a scholar discontinues full-time
attendance at
the scholar's school during a term because of illness
or other
cause satisfactory to the board, the scholar
may either claim a
prorated payment for the period of actual attendance or
waive
payment for that term. A term for which prorated payment is made
shall be considered a full term for which
a scholarship was
received. A
term for which payment is waived shall not be
considered a term
for which a scholarship was received.
Receipt of an Ohio academic scholarship shall not affect a
scholar's eligibility for the Ohio instructional
grant program.
Sec. 3345.19. In the exercise of their respective powers
of
government conferred by Chapter 3345. of the Revised Code and
other pertinent provisions of law, the boards of trustees of
Bowling Green state university, Kent state university, Miami
university, Ohio university, and the Ohio state university shall
observe the following enrollment limitations insofar as the
autumn
quarter enrollment or any other quarter enrollment on a
full-time
equivalent basis as defined by the Ohio board of
regents is
concerned:
|
Bowling Green central campus |
|
16,000
17,000 |
|
Kent central campus |
|
21,000
22,000 |
|
Miami central campus |
|
16,000
17,000 |
|
Ohio university central campus |
|
21,000
22,000 |
|
The Ohio state central campus |
|
41,000
42,000 |
Campus student housing facilities shall only be authorized
by
boards of trustees within these limitations, and no contracts
for
construction of new residence hall facilities shall be
entered
into after October 1, 1969, without the prior approval by
the Ohio
board of regents.
Sec. 3353.07.
The
On and after the effective date of this
amendment, the Ohio educational telecommunications network
commission shall
not charge or collect broadcasting fees from
operate the Ohio
government telecommunications
of
system that was
operated by the capitol square review and advisory
board
prior to
the effective date of this amendment.
Sec. 3353.11. There is hereby created in the state treasury
the governmental television/telecommunications operating fund.
The
fund shall consist of money received from contract productions
of
the Ohio government telecommunications studio and shall be used
for operations or equipment breakdowns related to the studio. All
investment earnings on the fund shall be credited to the fund.
Sec. 3383.01. As used in this chapter:
(A)
"Arts" means any of the following:
(1) Visual, musical, dramatic, graphic, and
other arts
and
includes,
including, but
is not limited to, architecture,
dance,
literature, motion pictures, music, painting, photography,
sculpture, and theater;
(2) The presentation or making available, in
museums or
other indoor or outdoor facilities, of principles of
science and
their development, use, or application in business,
industry, or
commerce or of the history, heritage, development,
presentation,
and uses of the arts
as defined above
described in division (A)(1)
of this section and of
transportation;
(3) The preservation, presentation, or making available of
features of
archaeological, architectural, environmental, or
historical interest or significance in a state historical facility
or a
local historical facility.
(B)
"Arts organization" means either of the following:
(1) A governmental agency or Ohio nonprofit corporation
that
provides programs or activities in areas directly concerned
with
the arts;
(2) A regional arts and cultural district as defined in
section 3381.01 of the Revised Code.
(C)
"Arts project" means all or any portion of an
Ohio arts
facility for which the general assembly has specifically
authorized the spending of money, or made an appropriation,
pursuant to division (D)(3)
or (E) of section 3383.07 of the
Revised Code.
(D)
"Cooperative contract" means a contract between the Ohio
arts and sports facilities commission and an arts organization
providing the terms and conditions of the cooperative use of an
Ohio arts facility.
(E)
"Costs of operation" means amounts required to manage an
Ohio arts facility that are incurred
following the completion of
construction of its arts project, provided
that both of the
following apply:
(1) Those amounts either:
(a) Have been committed to a fund dedicated to that purpose;
(b) Equal the principal of any endowment fund, the income
from
which is dedicated to that purpose.
(2) The commission and the arts organization have executed
an
agreement with respect to either of those funds.
(E)(F)
"General building services" means general building
services for an Ohio arts facility or an Ohio sports facility,
including, but not limited to, general
custodial care, security,
maintenance, repair, painting,
decoration, cleaning, utilities,
fire safety, grounds and site maintenance and
upkeep, and
plumbing.
(F)(G)
"Governmental agency" means a state agency, a
state-supported or state-assisted institution of higher
education,
a municipal corporation, county, township, or school
district, a
port authority created under Chapter 4582.
of the Revised Code,
any other political subdivision or special
district
in this state
established by or pursuant to law, or any combination
of these
entities; except where otherwise
indicated, the United States or
any department, division, or agency of the
United States, or any
agency, commission, or authority
established pursuant to an
interstate compact or agreement.
(G)(H)
"Local contributions" means the value of an asset
provided by
or on behalf of an arts organization from sources
other than the state, the
value and nature of which shall be
approved by the Ohio arts and sports facilities commission, in its
sole
discretion.
"Local contributions" may include the value of
the site
where an arts project is to be constructed. All
"local
contributions," except a contribution attributable to such a site,
shall be for the costs of construction of an arts project or
the
costs of operation of an arts facility.
(H)(I)
"Local historical facility" means a site or facility,
other
than a state historical facility, of archaeological,
architectural,
environmental, or historical interest or
significance, or a facility,
including a storage facility,
appurtenant to the operations of
such a site or facility, that is
owned by an arts organization,
provided the facility meets the
requirements of division
(J)(K)(2)(b)
of this section, is managed
by or pursuant to a contract with
the Ohio arts and sports
facilities commission, and is used for or
in connection with the
activities of the commission, including the
presentation or making
available
of arts to the public.
(I)(J)
"Manage,"
"operate," or
"management" means the
provision of, or the exercise of control over the provision of,
activities:
(1) Relating to the arts for an Ohio arts facility,
including as applicable, but not limited to, providing for
displays,
exhibitions, specimens, and models; booking of artists,
performances, or presentations; scheduling; and hiring or
contracting for directors, curators, technical and scientific
staff, ushers, stage managers, and others directly related to the
arts activities in the facility; but not including general
building services;
(2) Relating to sports and athletic events for an Ohio
sports
facility, including as applicable, but not limited to,
providing for
booking
of athletes, teams, and events; scheduling;
and hiring or contracting for
staff, ushers, managers, and others
directly related to the sports and
athletic events in the
facility; but not including general building services.
(J)(K)
"Ohio arts facility" means any of the following:
(1) The three theaters located in the state office tower
at
77 South High street in Columbus;
(2) Any capital facility in this state to which
all
both of
the
following apply:
(a) The construction of an arts project related to the
facility was authorized or
funded by the general assembly pursuant
to division (D)(3)
of section 3383.07 of the Revised Code
and
proceeds of state bonds are used for costs of the arts project.
(b)
The state owns or has sufficient real property
interests
in the facility or in the portion of the facility financed from
the proceeds of obligations or in the site of the facility for a
period of
no less than the greater of the useful life of the
portion of the facility
financed from the proceeds of those
obligations as determined by the director of budget and management
using
the guidelines for maximum maturities as provided under
divisions (B), (C),
and (E) of section 133.20 of the Revised Code,
or the period
of time remaining to the date of payment or
provision for payment of
outstanding obligations issued by the
Ohio building authority
allocable to costs of that portion of the
facility, as determined by the
director of budget and management,
in either case as certified to
the Ohio arts and sports facilities
commission and the Ohio building
authority.
(c) The facility is managed directly by, or
by
is subject to
a cooperative or management contract
with, the Ohio arts and
sports facilities commission, and
is used for or
in connection
with the activities of the commission, including the
presentation
or making available of arts to the public.
A cooperative or
management contract shall be for a term not less than the time
remaining to the date of payment or provision for payment of any
state bonds issued to pay the costs of the
arts project, as
determined by the director of budget and
management and certified
by the director to the Ohio arts and
sports facilities commission
and to the Ohio building authority.
(3) A state historical facility or a local historical
facility.
(K)(L)
"State agency" means the state or any of its
branches,
officers, boards, commissions, authorities, departments,
divisions, or other units or agencies.
(L)(M)
"Construction" includes acquisition, including
acquisition by
lease-purchase, demolition, reconstruction,
alteration, renovation, remodeling, enlargement, improvement, site
improvements, and related equipping and furnishing.
(M)(N)
"State historical facility" means a site or facility
of archaeological,
architectural, environmental, or historical
interest or significance, or a
facility, including a storage
facility, appurtenant to the operations of such
a site or
facility, that is owned by or is located on real property owned by
the state or by an arts organization,
so long as the
real property
of the arts organization
meets the requirements
of division
(J)(2)(b) of this section and is contiguous to
state-owned real
property that is in the care, custody, and control of an arts
organization, and that is managed directly by or
by
is
subject to
a cooperative or management contract
with the Ohio arts
and sports
facilities commission, and
that
is used for or in
connection with
the activities of the
commission, including the
presentation or
making available of arts to the
public.
(N)(O)
"Ohio sports facility" means all or a portion of a
stadium,
arena, or other capital facility in
Ohio
this state, a
primary purpose of which
is to provide a site or venue for the
presentation to the public of events of
one or more major or minor
league professional athletic or sports teams that
are associated
with the state or with a city or region
of the state, which
facility is owned by or is located on real property owned by the
state or a
governmental agency, and including all parking
facilities, walkways, and
other
auxiliary facilities, equipment,
furnishings, and real and personal property
and interests and
rights therein, that may be appropriate for or used for or
in
connection with the facility or its operation, for capital costs
of which
state funds are spent pursuant to this chapter. A
facility constructed as an
Ohio sports facility may be both an
Ohio arts facility and
an Ohio sports facility.
Sec. 3383.02. (A) There is hereby created the Ohio arts and
sports
facilities commission. Notwithstanding any provision to
the
contrary contained in Chapter 152. of the Revised Code, the
commission shall engage in and provide for the development,
performance, and presentation or making available of the arts and
professional sports and athletics to the public in this state by
the exercise of its powers under this chapter, including the
provision, operation,
and management, and cooperative use of Ohio
arts facilities and
Ohio sports facilities. The commission
is a
body corporate and politic, an agency of
state government and an
instrumentality of the state, performing
essential governmental
functions of this state. The carrying out
of the purposes and the
exercise by the commission of its powers
conferred by this chapter
are essential public functions and
public purposes of the state
and of state government. The commission
may, in its own
name, sue
and be sued, enter into contracts, and perform all the
powers and
duties given to it by this chapter but it does not
have and shall
not exercise the power of eminent domain.
(B) The commission shall consist of
eight
ten members,
five
seven of
whom shall be voting members and three of whom shall be
nonvoting
members. The
five
seven
voting members shall be
appointed by the
governor, with the advice
and consent of the
senate, from
different geographical regions of
the state.
In
addition, one of the voting members shall represent the state
architect. Not more than
three
four
of the members appointed
by
the governor shall be affiliated with
the same political party.
The nonvoting members shall be the
staff director of the Ohio arts
council, a member of the senate
appointed by the president of the
senate, and a member of the
house of representatives appointed by
the speaker of the house.
(C) Of the
five initial appointments made by the governor,
one
shall be for a term expiring December 31, 1989, two shall be
for
terms expiring December 31, 1990, and two shall be for terms
expiring December 31, 1991.
Of the initial appointments of the
sixth and seventh
voting members appointed by the governor as a
result of this
amendment, one shall be for a term expiring
December 31, 2003, and one shall be for a term expiring December
31, 2004.
Thereafter, each such term shall be
for three years,
commencing on
the first day of January and
ending on the
thirty-first day of
December. Each appointment by
the president
of the senate and by
the speaker of the house of
representatives
shall be for the
balance of the then legislative
biennium. Each
member shall hold
office from the date of the
member's appointment
until the end of
the term for which the
member was appointed. Any
member appointed
to fill a vacancy occurring prior
to the
expiration of the term
for which the member's predecessor was
appointed
shall hold office
for the remainder of such term. Any
member
shall continue in
office subsequent to the expiration date
of
the member's term
until the member's successor takes
office, or
until a period of
sixty
days has elapsed, whichever occurs first.
(D) Members of the commission shall serve without
compensation.
(E)
After each initial member of the commission has been
appointed, the commission shall meet and organize by electing one
of its voting members as chairperson and other voting members as
vice-chairperson and secretary-treasurer, who shall hold their
offices until the next organizational meeting of the commission.
Organizational meetings of the commission shall be held at the
first meeting
of each calendar year. At each organizational
meeting, the
commission shall elect from among its voting members
a
chairperson, a vice-chairperson, and a
secretary-treasurer, who
shall serve until
the next annual meeting. The commission shall
adopt rules
pursuant to section 111.15 of the Revised Code for the
conduct of
its internal business and shall keep a journal of its
proceedings.
(F)
Three
Four voting members of the commission constitute a
quorum, and the affirmative vote of
three
four members is
necessary
for approval of any action taken by the commission. A
vacancy in
the membership of the commission does not impair a
quorum from
exercising all the rights and performing all the
duties of the
commission. Meetings of the commission may be held
anywhere in
the state, and shall be held in compliance with
section 121.22 of
the Revised Code.
(G) All expenses incurred in carrying out this chapter are
payable solely from money accrued under this chapter or
appropriated for these purposes by the general assembly, and the
commission shall incur no liability or obligation beyond such
money.
(H) The commission shall file an annual report of its
activities and finances with the governor, director of budget and
management, speaker of the house of representatives, president of
the senate, and chairpersons of the house and senate finance
committees.
(I) There is hereby established in the state treasury the
Ohio arts and sports facilities commission administration fund.
All
revenues of the commission shall be credited to that fund and
to any
accounts created in the fund with the commission's
approval. All
expenses of the commission, including reimbursement
of, or
payment to, any other fund or any governmental agency for
advances made or services rendered to or on behalf of the
commission, shall be paid from the Ohio arts and sports facilities
commission administration fund as determined by or pursuant to
directions of the commission. All investment earnings of the
administration fund shall be credited to the fund and shall be
allocated
among any accounts created in the fund in the manner
determined by the
commission.
(J) Title to all real property and lesser interests in
real
property acquired by the commission, including leasehold and other
interests, pursuant
to this chapter shall be taken in the name of
the state and shall
be held for the use and benefit of the
commission. The
commission shall not mortgage such real property
and interests in
real property. Title to other property and
interests in it acquired by the
commission pursuant to this
chapter shall be taken in its name.
Sec. 3383.04. The Ohio arts and sports facilities commission
may:
(A) Employ and fix the compensation of an executive
director
and such other employees as will facilitate the
activities and
purposes of the commission. Any executive
director shall serve at
the pleasure of the commission and may
serve part-time. Other
employees shall be employed by and serve
at the pleasure of the
commission or the executive director, as
determined by the
commission.
(B) Adopt, amend, and rescind, pursuant to section 111.15
of
the Revised Code, rules for the management and operation of
Ohio
arts facilities and Ohio sports facilities and for the
exercise of
all of the commission's rights with respect to those facilities;
(C) Own, construct or provide for the construction of,
lease, equip, furnish,
administer, and manage or provide for the
operation and management
of,
and cooperate in the use of, Ohio
arts facilities and Ohio sports
facilities;
(D) Dispose of, whether by sale, lease, lease-purchase,
sublease,
re-lease, or otherwise, real and personal property, and
lesser
interests in it, held or owned by the state for the use and
benefit of the commission or held or owned by the commission, if
not
needed for the commission's purposes, upon such terms as the
commission
determines, subject to approval by the governor in the
case of real property
and interests in it;
(E) Grant such easements and other interests in real or
personal
property of the commission as will not interfere with the
use of
the property as an Ohio arts facility or an
Ohio sports
facility;
(F) Fix, alter, and collect rentals and other charges for
the use or availability for use of Ohio arts facilities or an Ohio
sports facility, as
determined solely by the commission, for the
purpose of providing
for all or a portion of the costs and
expenses of the commission,
and the costs to be paid by the
commission of leasing,
constructing, equipping, repairing,
maintaining, administering,
and managing, and cooperating in the
use of Ohio arts facilities, including rentals to be paid
by the
commission for any Ohio arts facilities or for any Ohio
sports
facility;
(G) Lease, sublease,
cooperate in the use of, or otherwise
make available to an
arts
organization, Ohio arts facilities, and
to any governmental agency
or
nonprofit corporation, Ohio sports
facilities, including real
and
personal property, or any interests
in it, to carry out the
purposes of this chapter;
(H) Contract with, retain the services of, or designate,
and
fix the compensation of, such agents, accountants, attorneys,
consultants, advisers, and other independent contractors as may
be
necessary or desirable to carry out the purposes of this
chapter;
(I) Procure insurance against loss to the commission by
reason of damages to or nonusability of its property resulting
from fire, theft, accident, or other casualties, or by reason of
its liability for any damages to persons or property, including
but not limited to, general liability insurance, business
interruption insurance, liability insurance for members,
officers,
and employees, and copyright liability insurance;
(J) Receive and accept gifts, grants, devises, bequests,
loans, and any other financial or other form of aid or assistance
from any governmental agency or other person and enter into any
contract or agreement with any such agency or other person in
connection therewith, and receive and accept aid or contributions
from any other source of money, real or personal property, labor,
or other things of value, to be held, used, and applied only for
the purposes for which the aid and contributions are made and
according to their terms and conditions, all within the purposes
of this chapter;
(K) Make and enter into all contracts, commitments, and
agreements, and execute all instruments, necessary or incidental
to the performance of its duties and the execution of its rights
and powers under this chapter;
(L) Do anything necessary or appropriate to carry out the
purposes of and exercise the powers granted in this chapter;
(M) Contract with any governmental agency or nonprofit
corporation to
provide or cause to be provided
services, including
general building services, in, to, or for an Ohio arts
facility or
any Ohio sports facility, or with an arts
organization for the
management of an Ohio arts
facility, or with a governmental agency
or nonprofit corporation for
the management of an Ohio sports
facility, all in furtherance of the
state function, and make
contracts pursuant to divisions (A) and
(B) of section 3383.07 of
the
Revised Code, except that nothing in this chapter limits the
exercise of the
care, custody, control, and management of those
state historical facilities
specified in section 149.30 of the
Revised Code.
Sec. 3383.07. (A) The department of administrative
services
shall provide for the construction of an arts
project in
conformity with Chapter 153. of the Revised
Code,
except as
follows:
(1) For an arts project that has an estimated
construction
cost, excluding the cost of acquisition, of twenty-five million
dollars or more, and that is financed by the Ohio building
authority, construction services may be provided by the authority
if
the
authority determines it should provide those services.
(2) For an arts project other than a state historical
facility,
construction services may be provided on
behalf of the
state by the Ohio arts and sports facilities
commission, or by a
governmental agency or an arts organization
that occupies, will
occupy, or is responsible for the Ohio arts
facility, as
determined by the
department of administrative services
commission.
Construction services to be provided by a
governmental agency or
an arts organization shall be specified in
an agreement between
the commission and the governmental agency or
arts organization.
The agreement, or any actions taken under it,
are not subject to
Chapter 123. or 153. of the Revised Code,
except for sections
123.151 and 153.011 of the Revised Code, and
shall be
subject to Chapter
4115. of the Revised Code.
(3) For an arts project that is a state
historical facility,
construction
services
may be provided by the Ohio arts and sports
facilities commission or by
an arts organization that occupies,
will occupy, or is responsible for the
facility, as determined by
the commission. The construction services to be
provided by the
arts organization shall be specified in an agreement between
the
commission and the arts organization, and the. That agreement,
and any
actions
taken under it, are not subject to Chapter 123.,
153., or 4115. of the Revised
Code.
(B) For an Ohio sports facility that is financed in part by
the
Ohio building authority, construction services shall be
provided on
behalf of the state by or at the direction of the
governmental agency or
nonprofit corporation that will own or be
responsible for the management of
the facility, all as determined
by the
Ohio arts and sports facilities commission. Any
construction services
to be provided by a governmental agency or
nonprofit corporation shall be
specified in an agreement between
the commission and the governmental agency
or nonprofit
corporation, and the. That agreement, and any actions taken under
it,
are not subject to Chapter 123. or 153. of the Revised Code,
except
for sections
123.151 and 153.011 of the Revised Code, and
shall be subject to
Chapter 4115. of the Revised Code.
(C) General building services for an Ohio arts facility
shall be provided by
the department of administrative services in
conformity with Chapter 123. of the Revised Code, except that the
Ohio building authority may elect to provide such services for
Ohio arts facilities it financed and such services may be provided
by the
Ohio arts and sports facilities commission or by an arts
organization that
occupies, will occupy, or is responsible for the
facility, as determined by
the commission, except that the Ohio
building authority may elect to provide those services for Ohio
arts facilities financed with proceeds of state bonds issued by
the authority.
The costs of management and general building
services shall
be paid by the arts organization that occupies,
will
occupy, or
is responsible for the facility as provided in an
agreement between the
commission and the arts organization, except
that the state may pay for general building services for
state-owned arts
facilities constructed on state-owned land.
General
General building services for
an Ohio sports facility shall
be provided by or at the direction of
the governmental agency or
nonprofit corporation that will be responsible for
the management
of the facility, all as determined by the commission. Any
general
building services to be provided by a governmental agency or
nonprofit
corporation
for an Ohio sports facility shall be
specified in
an agreement between the commission and the
governmental agency or nonprofit corporation, and that. That
agreement, and any
actions taken under it, are not subject to
Chapter 123. or 153.
of the Revised Code, except for sections
123.151 and 153.011 of
the Revised Code,
and shall be subject to
Chapter 4115. of the Revised Code.
(D) This division does not apply to a state historical
facility. No state funds, including any state bond proceeds,
shall be spent on the construction of any arts
project
under this
chapter unless, with respect to the arts project and to
the Ohio
arts facility related to the
project, all of
the following apply:
(1) The Ohio arts and sports facilities commission has
determined
that there is a need for the arts project and the Ohio
arts
facility related to the project in the
region of the state
for
in which the Ohio arts facility is
located or for which the
facility is
proposed
to be located;.
(2) The commission has determined that, as an indication of
substantial regional support for
the arts project, the arts
organization has made
provision
satisfactory to the commission, in
its sole discretion, for
local contributions amounting to
not less
than fifty per cent of the total state funding
for the arts
project;.
(3) The general assembly has specifically authorized the
spending of money on, or made an appropriation for, the
construction of the arts project, or for rental
payments relating
to
the financing of the construction of the arts project.
Authorization
to spend money, or an appropriation, for planning
the arts
project
does not constitute authorization to spend money
on, or an
appropriation for, construction of the arts project.
(E) No state funds, including any state bond proceeds, shall
be spent on the
construction of any state historical facility
under this chapter unless the
general assembly has specifically
authorized the spending of money on, or made
an appropriation for,
the construction of the arts project related to
the facility, or
for rental payments
relating to the financing of the construction
of the arts
project. Authorization
to spend money, or an
appropriation, for planning the arts
project does not
constitute
authorization to spend money on, or an appropriation
for, the
construction of the arts project.
(F) State funds shall not be used to pay or reimburse more
than
fifteen per cent of the initial estimated construction cost
of an
Ohio sports facility,
excluding any site acquisition cost,
and no state funds, including any state
bond proceeds, shall be
spent on any Ohio sports facility under this
chapter unless, with
respect to that facility, all of the following apply:
(1) The Ohio arts and sports facilities commission has
determined
that there is a need for the facility in the region of
the state for which the
facility is proposed to provide the
function of an Ohio sports
facility as provided for in this
chapter.
(2) As an indication of substantial local support for the
facility, the
commission has received a financial and development
plan satisfactory to it,
and provision has been made, by agreement
or otherwise, satisfactory to the
commission, for a contribution
amounting to not less than eighty-five per cent
of the total
estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state.
(3) The general assembly has specifically authorized the
spending of money
on, or made an appropriation for, the
construction of the facility, or for
rental payments relating to
state financing of all or a portion of the costs
of constructing
the facility. Authorization to spend money, or an
appropriation,
for planning or determining the feasibility of or need for the
facility does not constitute authorization to spend money on, or
an
appropriation for, costs of constructing the facility.
(4) If state bond proceeds are being used for the Ohio
sports
facility, the state or a governmental agency owns or has
sufficient property
interests in the facility or in the site of
the facility or in the portion or
portions of the facility
financed from proceeds of state bonds, which may
include, but is
not limited to, the right to use or to require the use of the
facility for the presentation of sport and athletic events to the
public at
the facility, extending for a period of not less than
the greater of the
useful life of the portion of the facility
financed from proceeds of those
bonds as determined using the
guidelines for maximum maturities as provided
under divisions (B),
(C), and (D) of section 133.20 of the Revised Code, or
the period
of time remaining to the date of payment or provision for payment
of outstanding state bonds allocable to costs of the facility, all
as
determined by the director of budget and management and
certified by the
director to the Ohio arts and sports facilities
commission and to the
Ohio building authority.
Sec. 3383.09. (A) There is hereby created in the state
treasury the arts facilities building fund, which shall consist of
proceeds of obligations authorized to pay costs of arts facilities
projects for which appropriations are made by the general
assembly. All investment earnings of the fund shall be credited to
the fund.
(B) There is hereby created in the state treasury the
sports facilities building fund, which shall consist of proceeds
of obligations authorized to pay costs of sports facilities
projects for which appropriations are made by the general
assembly. All investment earnings of the fund shall be credited to
the fund.
(C) The director of budget and management may transfer, to
the Ohio arts and sports facilities commission administration
fund, investment earnings credited to the arts facilities building
fund and the sports facilities building fund that exceed the
amounts required to meet estimated federal arbitrage rebate
requirements when requested of the director of budget and
management by the chairperson or executive director of the
commission.
Sec. 3505.063. (A) When the general assembly adopts a
resolution proposing a constitutional amendment, it
shall
may, by
resolution, designate a group of members who voted in support of
the resolution to prepare arguments for the proposed amendment,
and a group of members who voted in opposition to the resolution
to prepare arguments against the proposed amendment. If no
members voted in opposition to the resolution,
or if the general
assembly chooses not to designate a group of members to prepare
arguments for the proposed amendment or chooses not to designate a
group of members to prepare arguments against the proposed
amendment, the Ohio ballot
board may prepare
the relevant
arguments
against the proposed amendment or
designate a group of
persons to prepare
such
the relevant arguments. All
arguments
shall be filed with the secretary of state no later
than
seventy-five days before the date of the election. No
argument
shall exceed three hundred words.
(B) The secretary of state shall disseminate information,
which may include part or all of the official explanation and
arguments concerning proposed amendments, by means of direct mail
or other written publication, broadcast, or such other means, or
combination of means, as the Ohio ballot board may direct, in
order to inform the voters as fully as possible concerning
proposed amendments.
Sec. 3517.092. (A) As used in this section:
(1) "Appointing authority" has the same
meaning as in
section 124.01 of the Revised
Code.
(2) "State elected officer" means any person
appointed or
elected to a state elective office.
(3) "State elective office" means any of the
offices of
governor, lieutenant governor, secretary of state,
auditor of
state, treasurer of state, attorney general, member of the state
board of education, member of
the general assembly, and justice
and chief justice of the
supreme court.
(4) "County elected officer" means any person
appointed or
elected to a county elective office.
(5) "County elective office" means any of the
offices of
county auditor, county treasurer, clerk of the court
of common
pleas, sheriff, county recorder, county engineer,
county
commissioner, prosecuting attorney, and coroner.
(6) "Contribution" includes a contribution to any political
party, campaign
committee, political action committee, political
contributing
entity, or legislative campaign fund.
(B) No state elected officer, no campaign
committee of such
an officer, and no other person or entity shall
knowingly solicit
or accept a contribution
on behalf of that officer or that
officer's campaign committee from any
of the following:
(1) A state employee whose appointing authority is the
state
elected officer;
(2) A state employee whose appointing authority is
authorized or required by law to be appointed by the state
elected
officer;
(3) A state employee who functions in or is employed in
or
by the same public agency, department, division, or office as
the
state elected officer.
(C) No candidate for a state elective office, no campaign
committee of such a candidate, and no
other person or entity shall
knowingly solicit or
accept a contribution on behalf of that
candidate or that candidate's
campaign committee from any of the
following:
(1) A state employee at the time of the solicitation,
whose
appointing authority will be the candidate, if elected;
(2) A state employee at the time of the solicitation,
whose
appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(3) A state employee at the time of the solicitation,
who
will function in or be employed in or by the same public
agency,
department, division, or office as the candidate, if
elected.
(D) No county elected officer, no campaign
committee of such
an officer, and no other person or entity
shall knowingly solicit
a contribution on
behalf of that officer or that officer's
campaign committee from any of
the following:
(1) A county employee whose appointing authority is the
county elected officer;
(2) A county employee whose appointing authority is
authorized or required by law to be appointed by the county
elected officer;
(3) A county employee who functions in or is employed
in or
by the same public agency, department, division, or office
as the
county elected officer.
(E) No candidate for a county elective office, no campaign
committee of such
a candidate,
and no other person or entity shall
knowingly solicit a contribution on behalf
of that candidate or
that candidate's campaign
committee from any of the following:
(1) A county employee at the time of the solicitation,
whose
appointing authority will be the candidate, if elected;
(2) A county employee at the time of the solicitation,
whose
appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(3) A county employee at the time of the solicitation,
who
will function in or be employed in or by the same public
agency,
department, division, or office as the candidate, if
elected.
(F)(1) No public employee shall solicit a contribution from
any person while
the public employee is performing the public
employee's
official duties or in those areas of a
public building
where official business is transacted or conducted.
(2) No person shall solicit a contribution from any public
employee while the
public employee is performing the public
employee's official
duties or is in those areas of a
public
building where official business is
transacted or conducted.
(3) As used in division (F) of this section, "public
employee" does not
include any person holding an elective office.
(G) The prohibitions in divisions (B),
(C), (D), (E), and
(F) of this section are
in addition to the prohibitions in
sections 124.57, 1553.09, 3304.22, and
4503.032 of the Revised
Code.
Sec. 3701.142. (A) The director of health shall appoint
the
chief and the administrative assistant of the office of
women's
health initiatives. The director may appoint, to the
extent of
available funds, persons to other positions determined
by
him
the
director to be relevant and necessary.
(B) The chief shall have all of the following
qualifications, plus any additional qualifications the director
considers appropriate:
(1) The equivalent of a masters or higher degree in public
health, medicine, health sciences, environmental science, law,
public administration, or a related field;
(2) Familiarity with national maternal and child health
objectives of the department;
(3) Knowledge of or experience in women's and infants'
preventive health care;
(4) Understanding of health care delivery systems;
(5) A global public health perspective.
(C)(1) The majority of the chief's time shall be spent in
the performance of the following responsibilities:
(a) Identifying issues that affect women's health;
(b) Advocating for women's health concerns within the
department, state government, and the community;
(c) Serving as a liaison for the public, interest groups,
the department, and other state agencies on issues that affect
women's health;
(d) Developing recommendations to the director regarding
programs addressing women's health issues for inclusion in the
biennial budget and departmental strategic planning;
(e) Preparing materials for publication.
(2) In addition, the chief shall do the following:
(a) Develop and recommend research, funding, and program
activities for the intervention, treatment, and education of the
public on women's health initiatives including health needs
throughout the life cycle, reproductive health, gender bias in
research, chemical dependence, access to health care, health and
safety in the workplace, poverty and women's health, causes of
death in women, violence and women's health, and any other
women's
health issue the chief considers appropriate;
(b) Supervise the administrative assistant and any other
employees assigned to the office of women's health initiatives;
(c) Oversee the administrative operations of the office of
women's health initiatives;
(d) Research, advise, and assist the director concerning
governor's office correspondence referrals, legislative
initiatives, rules, and similar executive decisions relating to
the health of women;
(e) Represent the director, as requested, before the
general
assembly
and the women's policy and research commission.
(D) The administrative assistant shall provide clerical
and
administrative support as needed to the chief.
(E) To promote coordination of programs and of offices'
initiatives, the director, assistant director, deputy directors,
and chiefs selected by the director in the department shall
attend
quarterly meetings regarding the activities of the office
of
women's health initiatives.
(F) After considering the report submitted pursuant to
division (C) of section 3701.141 of the Revised Code, the
director
of health shall develop and implement biennial
initiatives on
women's health needs.
Sec. 3701.92. (A) There is hereby created in the department
of health the Ohio hepatitis C advisory commission.
(B) The commission shall consist of the following members:
(1) Eleven members appointed by the director of health;
(2) Two members of the house of representatives, one from
each political party, appointed by the speaker of the house of
representatives;
(3) Two members of the senate, one from each political
party, appointed by the president of the senate.
Each member shall serve without compensation for a term of
one year.
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to
3702.62 of the Revised Code, this section applies to the review
of
certificate of need applications during the period beginning
July
1, 1993, and ending
June 30, 2001
October 15, 2003.
(B)(1) Except as provided in division (B)(2) of this
section, the director of health shall neither grant nor deny any
application for a certificate of need submitted prior to July 1,
1993, if the
application was for any of
the following and the
director had not issued a written decision
concerning the
application prior to that date:
(a) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility, if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(b) Approval of beds in a new county home or new county
nursing home as defined in section 5155.31 of the Revised Code,
or
an increase of beds in an existing county home or existing
county
nursing home, if the beds are proposed to be certified as
skilled
nursing facility beds under Title XVIII or nursing
facility beds
under Title XIX of the
"Social Security Act," 49
Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(c) Recategorization of hospital beds as described in
section 3702.522 of the Revised Code, an
increase of hospital beds
registered pursuant to section 3701.07
of the Revised Code as
long-term care beds or skilled nursing
facility beds, or a
recategorization of hospital beds that would
result in an increase
of beds registered pursuant to that section
as long-term care beds
or skilled nursing facility beds.
On July 1, 1993, the director shall
return each such
application to the applicant and,
notwithstanding section 3702.52
of the Revised Code regarding the
uses of the certificate of need
fund, shall refund to the
applicant the application fee paid under
that section.
Applications returned under division (B)(1) of this
section may
be resubmitted in accordance with section 3702.52 of
the Revised
Code no sooner than
July 1, 2001
October 16, 2003.
(2) The director shall continue to review and shall issue
a
decision regarding any application submitted prior to July 1,
1993, to
increase beds for either of the
purposes described in
division (B)(1)(a) or (b) of this section
if the proposed increase
in beds is attributable solely to a
replacement or relocation of
existing beds within the same
county. The director shall
authorize under such an application
no additional beds beyond
those being replaced or relocated.
(C)(1) Except as provided in division (C)(2)
and (3) of this
section, the director, during the period beginning July 1, 1993,
and ending
June 30, 2001
October 15, 2003, shall not accept for
review under section
3702.52 of the Revised Code any application
for a certificate of
need for any of the purposes described in
divisions (B)(1)(a) to
(c) of this section.
(2)(a) The director shall accept for review any application
for
either of the purposes described in division (B)(1)(a) or (b)
of
this section if
either of the following apply:
(i) In case of an existing health care facility that is a
nursing home described in section 5123.192 of the Revised Code,
the proposed increase is attributable solely to the replacement of
existing beds within the same county.
(ii) In the case of a health care facility or county home
described in division (B)(1)(a) or (b) of this section, other than
an existing health care facility described in division
(C)(2)(a)(i) of this section, the proposed increase in beds is
attributable
solely to a replacement or relocation of existing
beds within the
same county.
The
(b) In the case of an existing health care facility
described in division (C)(2)(a)(i) of this section, the director
shall continue to review and shall issue a decision regarding any
application submitted during the period beginning on July 1, 1993,
and ending on the effective date of this amendment to increase
beds for either of the purposes described in division (B)(1)(a) or
(b) of this section only if the proposed increase in beds is
attributable solely to a relocation of existing beds within the
same county. An existing health care facility described in
division (C)(2)(a)(i) of this section that on or after the
effective date of this amendment seeks to increase beds for either
of the purposes described in division (B)(1)(a) or (b) of this
section shall apply for a license under section 5123.19 of the
Revised Code, as described in division (B) of section 5123.192 of
the Revised Code, if the proposed increase is attributable to a
relocation of existing beds within the same county.
(c) The director shall authorize under
such an
application
described in division (C)(2)(a) or (b) of this section no
additional beds beyond those being replaced or
relocated.
The
(3) The director also shall accept for review any
application that
seeks certificate of need approval for existing
beds located in an infirmary
that is
operated exclusively by a
religious order, provides care exclusively to
members of religious
orders who take vows of celibacy and live by virtue of
their vows
within the orders as if related, and was providing care
exclusively
to members of such a religious order on January 1,
1994.
(D) The director shall issue a decision regarding any case
remanded by
a
court as the result of a decision issued by the
director prior to
July 1, 1993, to grant, deny, or withdraw a
certificate of need for any of the purposes described in
divisions
(B)(1)(a) to (c) of this section.
(E) The director shall not project the need for beds
listed
in division (B)(1) of this section for the period
beginning July
1, 1993, and ending
June 30, 2001
October 15, 2003.
This section is an interim section effective until
July 1,
2001
October 16, 2003.
Sec. 3704.034. (A) Within sixty days after the director
of
environmental protection or
his
the director's
agent or authorized
representative receives an application for the
issuance
modification of a
permit to install pursuant to rules adopted
under division (F) of
section 3704.03 of the Revised Code, an
application to modify
such a permit, or an application for the
issuance of an initial
permit to operate pursuant to rules adopted
under division (G) of
section 3704.03 of the Revised Code, the
director shall determine
whether the application is substantially
complete or materially
deficient and, in writing, shall notify the
applicant of
his
the director's determination. If the director
fails to make such a completeness
determination and provide
written notice of
his
the determination to the applicant within
sixty days
after the application was
submitted, the applicant may
submit a written request to the
director for the making of such a
completeness determination.
(B) Within thirty days after receiving a written request
for
the making of a completeness determination on an application
under
division (A) of this section, the director shall determine
whether
the application is substantially complete or materially
deficient
and, in writing, notify the applicant of
his
the
determination.
If
the director fails to
make a completeness
determination and
provide written notice of
his
the
director's
determination to the
applicant within thirty days
after receiving
the applicant's
written request for the making of the
determination, the
application shall be deemed to have been
complete in all material
respects at the time that it was
submitted to the director or
his
the director's agent or
authorized
representative.
(C) If, within the time prescribed in division (A) and, if
applicable, division (B) of this section, the director determines
that an application is materially deficient, the director shall
return the application to the applicant. The running of the time
prescribed under division (A) and, if applicable, division (B) of
this section ceases at the time that the determination is made.
If
the applicant subsequently resubmits the application to the
director, the time prescribed in division (A) of this section
and,
if applicable, division (B) of this section shall resume
running
at the time that the application is resubmitted. The
resubmission
of the application constitutes a request for the
making of a
completeness determination on the application. The
director shall
do one of the following within the time remaining
pursuant to
division (A) and, if applicable, division (B) of this
section at
the time that the application is resubmitted:
(1) Make a completeness determination on the application
and, in writing, notify the applicant of
his
the
determination;
(2) Issue or deny or propose to issue or deny the permit
or
modification.
(D) The director shall include in each written notice of
the
completeness of an application provided under division (A),
(B),
or (C)(1) of this section the date on which the application
was
determined to be complete.
(E) The director shall issue or deny or propose to issue
or
deny a
modification of a permit to install pursuant to rules
adopted under
division (F) of section 3704.03 of the Revised Code,
modification
of such a permit, or an initial permit to operate
pursuant to
rules adopted under division (G) of section 3704.03 of
the
Revised Code within one hundred eighty days after the date
that
the application for the permit or modification was determined
to
be complete as that date is set forth in the written notice of
the determination of the completeness of the application provided
under division (A), (B), or (C)(1) of this section or within one
hundred eighty days after the application is deemed to be
complete
under division (B) of this section, as appropriate. If
the
director fails to issue or deny or propose to issue or deny
the
permit or modification within the appropriate
one-hundred-eighty-day period, the applicant may bring a mandamus
action to obtain a judgment that orders the director to take a
final action on the application.
(F) The director, upon
his
the director's own
motion or upon
the written request of the applicant and in
writing, may extend
the time
provided under division (E) of this section for issuing
or
denying or proposing to issue or deny the permit or
modification
for an additional sixty days if a public
informational meeting or
public hearing was held on the
application for the permit or
modification.
(G) Upon the written request of the applicant, the
director,
in writing, may extend the time provided under division
(E) of
this section for issuing or denying or proposing to issue
or deny
the permit or modification for the additional time
specified in
the applicant's request for the extension.
(H) Upon the written request of the person responsible for
a
facility, the director may consolidate or group applications
for
the issuance of permits pursuant to rules adopted under
divisions
division (F) or (G) of section 3704.03 of the Revised Code, or
modifications or renewals of those permits, for individual air
contaminant sources located at the facility in order to reduce
the
unnecessary paperwork and administrative burden to the
applicant
and the director in connection with the issuance of
those permits,
modifications, and renewals. Fees payable to the
director under
section 3745.11 of the Revised Code shall not be
reduced by reason
of any such consolidation or grouping of
applications for permits,
modifications, or renewals.
Sec. 3721.07. (A) Every person desiring to operate a home
and
the superintendent or administrator of each county home or
district
home for which a license as a residential care facility
is sought shall
apply for a license to the director of health.
The
director shall issue a license for the home, if after
investigation of the applicant and, if required by section
3721.02
of the Revised Code, inspection of the home, the
following
requirements or conditions are satisfied or complied
with:
(A)(1) The applicant has not been convicted of a felony or a
crime involving moral turpitude;
(B)(2) The applicant is not violating any of the rules made
by the public health council or any order issued by the director
of health;
(C)(3) The buildings in which the home is housed have been
approved by the state fire marshal or a township, municipal, or
other legally constituted fire department approved by the
marshal.
In the approval of a home such agencies shall apply
standards
prescribed by the board of building standards, and by
the state
fire marshal, and by section 3721.071 of the Revised
Code.
(D)(4) The applicant, if it is an individual, or the
principal participants, if it is an association or a corporation,
is or are suitable financially and morally to operate a home;
(E)(5) The applicant is equipped to furnish humane, kind,
and
adequate treatment and care;
(F)(6) The home does not maintain or contain:
(1)(a) Facilities for the performance of major surgical
procedures;
(2)(b) Facilities for providing therapeutic radiation;
(3)(c) An emergency ward;
(4)(d) A clinical laboratory unless it is under the
supervision of a clinical pathologist who is a licensed physician
in this state;
(5)(e) Facilities for radiological examinations unless such
examinations are performed only by a person licensed to practice
medicine, surgery, or dentistry in this state.
(G)(7) The home does not accept or treat outpatients, except
upon the written orders of a physician licensed in this state,
maternity cases, boarding children, and does not house transient
guests, other than participants in an adult day-care program, for
twenty-four hours or less;
(H)(8) The home is in compliance with sections 3721.28 and
3721.29 of the Revised Code.
(B) When the director issues a license, the license shall
remain in effect until revoked by the director
or, voided at the
request of the applicant, or terminated as described in division
(D) of this section; provided, there shall be an annual
renewal
fee payable during the month of January of each calendar
year.
Any
licensed home that does not pay its renewal fee in
January
shall
pay, beginning the first day of February, a
late fee of one
hundred dollars for each week or part thereof that the renewal
fee
is not paid. If either the renewal fee or the late fee is not
paid by the
fifteenth day of February, the
director may, in
accordance with Chapter 119. of the Revised Code, revoke the
home's license.
(C) A person whose license is revoked, and a county home or
district
home that has its license as a residential care facility
revoked,
for any reason other than nonpayment of
the license
renewal fee or late fees may not apply for a new license under
this
chapter until a period of one year following the date of
revocation has
elapsed.
(D) A license issued by the director to a nursing home
described in section 5123.192 of the Revised Code shall terminate
if the nursing home obtains a license under section 5123.19 of the
Revised Code.
(E) Any applicant who is denied a license may appeal in
accordance with Chapter 119. of the Revised Code.
Sec. 3721.12. (A) The administrator of a home shall:
(1) With the advice of residents, their sponsors, or both,
establish and review at least annually, written policies
regarding
the applicability and implementation of residents'
rights under
sections 3721.10 to 3721.17 of the Revised Code, the
responsibilities of residents regarding the rights, and the
home's
grievance procedure established under division (A)(2) of
this
section. The administrator is responsible for the
development of,
and adherence to, procedures implementing the
policies.
(2) Establish a grievance committee for review of
complaints
by residents. The grievance committee shall be
comprised of the
home's staff and residents, sponsors, or outside
representatives
in a ratio of not more than one staff member to
every two
residents, sponsors, or outside representatives.
(3) Furnish to each resident and sponsor prior to or at
the
time of admission, and to each member of the home's staff, at
least one of each of the following:
(a) A copy of the rights established under sections
3721.10
to 3721.17 of the Revised Code;
(b) A written explanation of the provisions of section
3721.16 of the Revised Code
or, for each resident described in
section 5111.63 of the Revised Code, the provisions of sections
5111.63 and 5111.64 of the Revised Code;
(c) A copy of the home's policies and procedures
established
under this section;
(d) A copy of the home's rules;
(e) A copy of the addresses and telephone numbers of the
board of health of the health district of the county in which the
home is located, the county department of job and family
services
of the
county in which the home is located, the state departments
of
health and job and family services, the state and local
offices
of the
department of aging, and any Ohio nursing home
ombudsperson
program.
(B) Written acknowledgment of the receipt of copies of the
materials listed in this section shall be made part of the
resident's record and the staff member's personnel record.
(C) The administrator shall post all of the following
prominently within the home:
(1) A copy of the rights of residents as listed in
division
(A) of section 3721.13 of the Revised Code;
(2) A copy of the home's rules and its policies and
procedures regarding the rights and responsibilities of
residents;
(3) A notice that a copy of this chapter, rules of the
department of health applicable to the home, and federal
regulations adopted under Titles XVIII and XIX of the
"Social
Security Act,"
49
79 Stat.
620
286 (1935
1965), 42 U.S.C.A.
301
1395
and 1396, as amended,
and the materials required to be
available
in the home under
section 3721.021 of the Revised Code,
are
available for
inspection in the home at reasonable hours;
(4) A list of residents' rights advocates;
(5) A notice that the following are available in a place
readily accessible to residents:
(a) If the home is licensed under section 3721.02 of the
Revised Code, a copy of the most recent licensure inspection
report prepared for the home under that section;
(b) If the home is a nursing facility as defined in
section
5111.20 of the Revised Code, a copy of the most recent
statement
of deficiencies issued to the home under section
5111.42 of the
Revised Code.
(D) The administrator of a home may, with the advice of
residents, their sponsors, or both, establish written policies
regarding the applicability and administration of any additional
residents' rights beyond those set forth in sections 3721.10 to
3721.17 of the Revised Code, and the responsibilities of
residents
regarding the rights. Policies established under this
division
shall be reviewed, and procedures developed and adhered
to as in
division (A)(1) of this section.
Sec. 3721.16. (A)(1)
For each resident of a home, other than
a resident described in section 5111.63 of the Revised Code,
notice of a proposed transfer or discharge and a request for
hearing on the transfer or discharge shall be in accordance with
this section.
(1) Except in an emergency or unless
authorized by statute
or by rules of the director of health, the
administrator of a home
shall notify a resident in writing, and
the resident's sponsor in
writing by certified mail, return
receipt requested, in advance of
any proposed transfer or
discharge from the home. The notice
shall be provided at least
thirty days in advance of the proposed
transfer or discharge,
unless either of the following applies:
(a) The resident's health has improved sufficiently to
allow
a more immediate discharge or transfer to a less skilled
level of
care;
(b) The resident has resided in the home less than thirty
days.
In the case of a resident described in division (A)(1)(a)
or
(b) of this section, the notice shall be provided as many days
in
advance of the proposed transfer or discharge as is
practicable.
(2) The notice required under division (A)(1) of this
section shall include all of the following:
(a) The reasons for the proposed transfer or discharge;
(b) Notice of the right of the resident and
his
the
resident's
sponsor to
an impartial hearing at the home on the
proposed transfer or
discharge, and of the manner in which and the
time within which
the resident or
his sponsor may request a
hearing under division
(C) of this section;
(c) The address of the legal services office of the
department of health;
(d) The name, address, and telephone number of a
representative of the state long-term care
ombudsman
ombudsperson
program and,
if the resident or patient has a developmental
disability or
mental illness, the name, address, and telephone
number of the
Ohio legal rights service.
(B) Transfer or discharge actions shall be documented in
the
resident's medical record by the home if there is a medical
basis
for the action.
(C) A resident or
his
resident's sponsor may challenge a
transfer or
discharge by requesting an impartial hearing at the
home, unless
the transfer or discharge is required because of an
emergency or
one of the following reasons:
(1) The home's license has been revoked under this
chapter;
(2) The home is being closed pursuant to sections 5111.35
to
5111.62 or section 5155.31 of the Revised Code;
(3) The resident is a recipient of medical assistance
under
section 5111.01 of the Revised Code and the home's
participation
in the medical assistance program has been
terminated or denied;
(4) The resident is a beneficiary under Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended and the home's certification under Title XVIII has been
terminated or denied.
A request for a hearing under this section shall be sent in
writing to the legal services office of the department of health
not later than ten days after the resident and
his
the
resident's
sponsor
receive notice of the proposed transfer or discharge. A
hearing
shall be held within ten days by the department of health.
A
representative of the department shall preside over the hearing
and issue a recommendation within five days as to any advisable
action to the administrator, the resident, and any interested
sponsor.
If a resident is transferred or discharged pursuant to this
section, the home from which the resident is being transferred or
discharged shall provide the resident with adequate preparation
prior to the transfer or discharge to ensure a safe and orderly
transfer or discharge from the home, and the home or alternative
setting to which the resident is to be transferred or discharged
shall have accepted the resident for transfer or discharge.
(D) An impartial hearing on resident transfer or discharge
is not subject to section 121.22 of the Revised Code.
(E) At the time of a transfer or discharge of a resident
who
is a recipient of medical assistance under section 5111.01 of
the
Revised Code from a home to a hospital or for therapeutic
leave,
the home shall provide notice in writing to the resident
and in
writing by certified mail, return receipt requested, to
the
resident's sponsor, specifying the number of days, if any,
during
which the resident will be permitted under the medical
assistance
program to return and resume residence in the home and
specifying
the medical assistance program's coverage of the days
during which
the resident is absent from the home. An individual
who is absent
from a home for more than the number of days
specified in the
notice and continues to require the services
provided by the
facility shall be given priority for the first
available bed in a
semi-private room.
Sec. 3721.17. (A) Any resident who believes that the
resident's
rights under sections 3721.10 to 3721.17 of the Revised
Code have
been violated may file a grievance under procedures
adopted
pursuant to division (A)(2) of section 3721.12 of the
Revised
Code.
When the grievance committee determines a violation of
sections 3721.10 to 3721.17 of the Revised Code has occurred, it
shall notify the administrator of the home. If the violation
cannot be corrected within ten days, or if ten days have elapsed
without correction of the violation, the grievance committee
shall
refer the matter to the department of health.
(B) Any person who believes that a resident's rights under
sections 3721.10 to 3721.17 of the Revised Code have been
violated
may report or cause reports to be made of the
information directly
to the department of health. No person who
files a report is
liable for civil damages resulting from the
report.
(C)(1) Within thirty days of receiving a complaint under
this section, the department of health shall investigate any
complaint referred to it by a home's grievance committee and any
complaint from any source that alleges that the home provided
substantially less than adequate care or treatment, or
substantially unsafe conditions, or, within seven days of
receiving a complaint, refer it to the attorney general, if the
attorney general
agrees to investigate within thirty days.
(2) Within thirty days of receiving a complaint under this
section, the department of health may investigate any alleged
violation of sections 3721.10 to 3721.17 of the Revised Code, or
of rules, policies, or procedures adopted pursuant to those
sections, not covered by division (C)(1) of this section, or it
may, within seven days of receiving a complaint, refer the
complaint to the grievance committee at the home where the
alleged
violation occurred, or to the attorney general if the
attorney
general
agrees to investigate within thirty days.
(D) If, after an investigation, the department of health
finds probable cause to believe that a violation of sections
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or
procedures adopted pursuant to those sections, has occurred at a
home that is certified under Title XVIII or XIX of the
"Social
Security Act,"
49
79 Stat.
620
286 (1935
1965), 42 U.S.C.A.
301
1395
and
1396, as amended,
it shall cite one or more findings or
deficiencies under sections
5111.35 to 5111.62 of the Revised
Code. If the home is not so
certified, the department shall hold
an adjudicative hearing
within thirty days under Chapter 119. of
the Revised Code.
(E) Upon a finding at an adjudicative hearing under
division
(D) of this section that a violation of sections 3721.10
to
3721.17 of the Revised Code, or of rules, policies, or
procedures
adopted pursuant thereto, has occurred, the department
of health
shall make an order for compliance, set a reasonable
time for
compliance, and assess a fine pursuant to division (F)
of this
section. The fine shall be paid to the general revenue
fund only
if compliance with the order is not shown to have been
made within
the reasonable time set in the order. The department
of health
may issue an order prohibiting the continuation of any
violation
of sections 3721.10 to 3721.17 of the Revised Code.
Findings at the hearings conducted under this section may
be
appealed pursuant to Chapter 119. of the Revised Code, except
that
an appeal may be made to the court of common pleas of the
county
in which the home is located.
The department of health shall initiate proceedings in
court
to collect any fine assessed under this section which is
unpaid
thirty days after the violator's final appeal is
exhausted.
(F) Any home found, pursuant to an adjudication hearing
under division (D) of this section, to have violated sections
3721.10 to 3721.17 of the Revised Code, or rules, policies, or
procedures adopted pursuant to those sections may be fined not
less than one hundred nor more than five hundred dollars for a
first offense. For each subsequent offense, the home may be
fined
not less than two hundred nor more than one thousand
dollars.
A violation of sections 3721.10 to 3721.17 of the Revised
Code is a separate offense for each day of the violation and for
each resident who claims the violation.
(G) No home or employee of a home shall retaliate against
any person who:
(1) Exercises any right set forth in sections 3721.10 to
3721.17 of the Revised Code, including, but not limited to,
filing
a complaint with the home's grievance committee or
reporting an
alleged violation to the department of health;
(2) Appears as a witness in any hearing conducted under
this
section
and
or section 3721.16
or 5111.64 of the Revised Code;
(3) Files a civil action alleging a violation of sections
3721.10 to 3721.17 of the Revised Code, or notifies a county
prosecuting attorney or the attorney general of a possible
violation of sections 3721.10 to 3721.17 of the Revised Code.
If, under the procedures outlined in this section, a home
or
its employee is found to have retaliated, the violator may be
fined up to one thousand dollars.
(H) When legal action is indicated, any evidence of
criminal
activity found in an investigation under division (C) of
this
section shall be given to the prosecuting attorney in the
county
in which the home is located for investigation.
(I)(1) Any resident whose rights under sections 3721.10 to
3721.17 of the Revised Code are violated has a cause of action
against any person or home committing the violation. The action
may be commenced by the resident or by the resident's
sponsor on
behalf of the resident.
(2)(a) If compensatory damages are awarded for a violation
of the
resident's rights, section 2315.21 of the Revised Code,
except divisions (E)(1) and
(2) of that section, shall apply to an
award of punitive or exemplary damages
for the violation.
(b) The court may award to the prevailing party
reasonable
attorney's fees limited to the work reasonably
performed.
(3) Division (I)(2)(a) of this section
shall be considered
to be purely remedial in operation and shall be applied in
a
remedial manner in any civil action in which this section is
relevant,
whether the action is pending in court or commenced on
or after
the
effective
date of this amendment
July 9, 1998.
Sec. 3721.51. The department of job and family services
shall:
(A) For the
purpose of providing home and community-based
services to elderly and disabled persons
purposes specified in
section 3721.56 of the Revised Code, determine an annual
franchise
permit fee on each nursing home in an amount equal to
four dollars
for fiscal years 2002 and 2003, and
one dollar
for each fiscal
year thereafter, multiplied by the product of the following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended, on July 1, 1993, and, for each subsequent year, the
first
day of May of the calendar year in which the fee is
determined
pursuant to division (A) of section 3721.53 of the
Revised Code;
(2) The number of days in fiscal year 1994 and, for each
subsequent year, the number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) For the
purpose of providing home and community-based
services to elderly and disabled persons
purposes specified in
section 3721.56 of the Revised Code, determine an annual
franchise
permit fee on each hospital in an amount equal to
four dollars for
fiscal years 2002 and 2003, and one
dollar
for each fiscal year
thereafter, multiplied by the product of the following:
(1) The number of beds registered pursuant to section
3701.07 of the Revised Code as skilled nursing facility beds or
long-term care beds, plus any other beds licensed as nursing home
beds under section 3721.02 or 3721.09 of the Revised Code, on
July
1, 1993, and, for each subsequent year, the first day of May
of
the calendar year in which the fee is determined pursuant to
division (A) of section 3721.53 of the Revised Code;
(2) The number of days in fiscal year 1994 and, for each
subsequent year, the number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
If the United States health care financing administration
determines that the franchise permit fee established by sections
3721.50 through 3721.58 of the Revised Code would be an
impermissible health care related tax under section 1903(w) of
the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
1396b(w), as
amended, the department of job and family
services shall take
all
necessary actions to cease implementation of those sections
in
accordance with rules adopted under section 3721.58 of the
Revised
Code.
Sec. 3721.56.
All
(A) One-fourth of all payments and
penalties paid by nursing
homes and hospitals under sections
3721.53 and 3721.54 of the
Revised Code
for fiscal years 2002 and
2003, and all such payments and penalties paid for subsequent
fiscal years, shall be deposited into the "home and
community-based services for the aged fund," which is hereby
created in the state treasury. The departments of job and
family
services
and aging shall use the moneys in the fund to fund the
following
in accordance with rules adopted under section 3721.58
of the
Revised Code:
(A)(1) The medical assistance program established under
Chapter 511. of the Revised Code;
(B)(2) The PASSPORT program established under section 173.40
of the Revised Code;
(C)(3) The residential state supplement program
established
under section 173.35 of the Revised Code.
(B) Three-fourths of all payments and penalties paid by
nursing homes and hospitals under sections 3721.53 and 3721.54 of
the Revised Code for fiscal years 2002 and 2003 shall be deposited
into the nursing facility stabilization fund, which is hereby
created in the state treasury. The department of job and family
services shall use the money in the fund in the manner provided by
Am. Sub. H.B. 94 of the 124th general assembly.
Sec. 3734.57. (A) For the purposes of paying the state's
long-term operation costs or matching share for actions taken
under the
"Comprehensive Environmental Response, Compensation,
and
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as
amended; paying the costs of measures for proper clean-up of
sites
where polychlorinated biphenyls and substances, equipment,
and
devices containing or contaminated with polychlorinated
biphenyls
have been stored or disposed of; paying the costs of
conducting
surveys or investigations of solid waste facilities or
other
locations where it is believed that significant quantities
of
hazardous waste were disposed of and for conducting
enforcement
actions arising from the findings of such surveys or
investigations; paying the costs of acquiring and cleaning
up, or
providing financial assistance for cleaning up, any
hazardous
waste facility or solid waste facility containing
significant
quantities of hazardous waste, that constitutes an
imminent and
substantial threat to public health or safety or the
environment;
and, from July 1,
1999
2001, through June 30,
2001
2004,
for the
purposes of paying the costs of administering and
enforcing the
laws pertaining to solid wastes, infectious wastes,
and
construction and demolition debris, including, without
limitation,
ground water evaluations related to solid wastes,
infectious
wastes, and construction and demolition debris, under
this chapter
and Chapter 3714. of the Revised Code and any rules
adopted under
them, and paying a share of the administrative
costs of the
environmental protection agency pursuant to section
3745.014 of
the Revised Code, the following fees are hereby
levied on the
disposal of solid wastes in this state:
(1) One dollar per ton on and after July 1, 1993;
(2) An additional seventy-five cents per ton on
and after
July 1,
1999
2001, through June 30,
2001
2004.
The owner or operator of a solid waste disposal facility
shall collect the fees levied under this division as a trustee
for
the state and shall prepare and file with the director of
environmental protection monthly returns indicating the total
tonnage of solid wastes received for disposal at the gate of the
facility and the total amount of the fees collected under this
division. Not later than thirty days after the last day of the
month to which such a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees collected during that month as indicated on the return. The
owner or operator may request an extension of not more than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request in writing to
the
director together with a detailed description of why the
extension is requested, the director has received the request not
later than the day on which the return is required to be filed,
and the director has approved the request. If the fees are not
remitted within sixty days after the last day of the month during
which they were collected, the owner or operator shall pay an
additional fifty per cent of the amount of the fees for each
month
that they are late.
One-half of the moneys remitted to the director under
division (A)(1) of this section shall be credited to the
hazardous
waste facility management fund created in section
3734.18 of the
Revised Code, and one-half shall be credited to
the hazardous
waste clean-up fund created in section 3734.28 of
the Revised
Code. The moneys remitted to the director under
division (A)(2)
of this section shall be credited to the solid
waste fund, which
is hereby created in the state treasury. The
environmental
protection agency shall use moneys in the solid
waste fund only to
pay the costs of administering and enforcing
the laws pertaining
to solid wastes, infectious wastes, and
construction and
demolition debris, including, without
limitation, ground water
evaluations related to solid wastes,
infectious wastes, and
construction and demolition debris, under
this chapter and Chapter
3714. of the Revised Code and rules
adopted
under them and to pay
a share of the administrative costs of the
environmental
protection agency pursuant to section 3745.014 of
the Revised
Code.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be added to any other fee or amount specified
in a
contract that is charged by the owner or operator of a solid
waste
disposal facility or to any other fee or amount that is
specified
in a contract entered into on or after March 4, 1992,
and that is
charged by a transporter of solid wastes.
(B) For the purpose of preparing, revising, and
implementing
the solid waste management plan of the county or
joint solid waste
management district, including, without
limitation, the
development and implementation of solid waste
recycling or
reduction programs; providing financial assistance
to boards of
health within the district, if solid waste
facilities are located
within the district, for the enforcement
of this chapter and rules
adopted
and orders and terms and conditions of permits, licenses,
and
variances issued under it, other than the hazardous waste
provisions of this chapter and rules adopted and orders and terms
and conditions of permits issued under those provisions;
providing
financial
assistance to the county to defray the added costs of
maintaining
roads and other public facilities and of providing
emergency and
other public services resulting from the location
and operation
of a solid waste facility within the county under
the district's
approved solid waste management plan; paying the
costs incurred
by boards of health for collecting and analyzing
water samples
from public or private wells on lands adjacent to
solid waste
facilities that are contained in the approved or
amended plan of
the district; paying the costs of developing and
implementing a
program for the inspection of solid wastes
generated outside the
boundaries of this state that are disposed
of at solid waste
facilities included in the district's approved
solid waste
management plan or amended plan; providing financial
assistance
to boards of health within the district for enforcing
laws
prohibiting open dumping; providing financial assistance to
local
law enforcement agencies within the district for enforcing
laws
and ordinances prohibiting littering; providing financial
assistance to boards of health of health districts within the
district that are on the approved list under section 3734.08 of
the Revised Code for the training and certification required for
their employees responsible for solid waste enforcement by rules
adopted under division (L) of section 3734.02 of the Revised
Code;
providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district; and
payment
of any expenses that are agreed to, awarded, or ordered to be paid
under section 3734.35 of the Revised Code
and of any
administrative costs incurred pursuant
to that section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
If any such fees are levied prior to January 1, 1994, fees
levied under division (B)(1) of this section always shall be
equal
to one-half of the fees levied under division (B)(2) of
this
section, and fees levied under division (B)(3) of this
section,
which shall be in addition to fees levied under division
(B)(2) of
this section, always shall be equal to fees levied
under division
(B)(1) of this section, except as otherwise
provided in this
division. The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. Although the
fees under divisions (A)(1)
and (2) of this section are levied on
the basis of tons as the
unit of measurement, the solid waste
management plan of the
district and any amendments to it or the
solid waste management
policy committee in its resolution levying
fees under this
division may direct that the fees levied under
those divisions be
levied on the basis of cubic yards as the unit
of measurement
based upon a conversion factor of three cubic yards
per ton
generally or one cubic yard per ton for baled wastes if
the fees
under divisions (B)(1) to (3) of this section are being
levied on
the basis of cubic yards as the unit of measurement
under the
plan, amended plan, or resolution.
On and after January 1, 1994, the fee levied under division
(B)(1) of this section shall be not less than one dollar per ton
nor more than two dollars per ton, the fee levied under division
(B)(2) of this section shall be not less than two dollars per ton
nor more than four dollars per ton, and the fee levied under
division (B)(3) of this section shall be not more than the fee
levied under division (B)(1) of this section, except as otherwise
provided in this division and notwithstanding any schedule of
those fees established in the solid waste management plan of a
county or joint district approved under section 3734.55 of the
Revised Code or a resolution adopted and ratified under this
division that is in effect on that date. If the fee that a
district is levying under division (B)(1) of this section on that
date under its approved plan or such a resolution is less than
one
dollar per ton, the fee shall be one dollar per ton on and
after
January 1, 1994, and if the fee that a district is so
levying
under that division exceeds two dollars per ton, the fee
shall be
two dollars per ton on and after that date. If the fee
that a
district is so levying under division (B)(2) of this
section is
less than two dollars per ton, the fee shall be two
dollars per
ton on and after that date, and if the fee that the
district is so
levying under that division exceeds four dollars
per ton, the fee
shall be four dollars per ton on and after that
date. On that
date, the fee levied by a district under division
(B)(3) of this
section shall be equal to the fee levied under
division (B)(1) of
this section. Except as otherwise provided in
this division, the
fees established by the operation of this
amendment shall remain
in effect until the district's resolution
levying fees under this
division is amended or repealed in
accordance with this division
to amend or abolish the schedule of
fees, the schedule of fees is
amended or abolished in an amended
plan of the district approved
under section 3734.521 or division
(A) or (D) of section 3734.56
of the Revised Code, or the
schedule of fees is amended or
abolished through an amendment to
the district's plan under
division (E) of section 3734.56 of the
Revised Code; the
notification of the amendment or abolishment of
the fees has been
given in accordance with this division; and
collection of the
amended fees so established commences, or
collection of the fees
ceases, in accordance with this division.
The solid waste management policy committee of a district
levying fees under divisions (B)(1) to (3) of this
section on
October 29, 1993, under its solid waste management plan
approved
under section 3734.55 of the
Revised Code or a resolution adopted
and ratified under this
division that are within the ranges of
rates prescribed by this
amendment, by adoption of a resolution
not later than December 1,
1993, and without the necessity for
ratification of the
resolution under this division, may amend
those fees within the
prescribed ranges, provided that the
estimated revenues from the
amended fees will not substantially
exceed the estimated revenues
set forth in the district's budget
for calendar year 1994. Not
later than seven days after the
adoption of such a resolution,
the committee shall notify by
certified mail the owner or
operator of each solid waste disposal
facility that is required
to collect the fees of the adoption of
the resolution and of the
amount of the amended fees. Collection
of the amended fees shall
take effect on the first day of the
first month following the
month in which the notification is sent
to the owner or operator. The
fees established in such a
resolution shall remain in effect
until the district's resolution
levying fees that was adopted and
ratified under this division is
amended or repealed, and the
amendment or repeal of the resolution
is ratified, in accordance
with this division, to amend or abolish
the fees, the schedule of
fees is amended or abolished in an
amended plan of the district
approved under section 3734.521 or
division
(A) or (D) of section 3734.56 of the Revised Code, or the
schedule of fees is amended or abolished through an amendment to
the district's plan under division (E) of section 3734.56 of the
Revised Code; the notification of the amendment or abolishment of
the fees has been given in accordance with this division; and
collection of the amended fees so established commences, or
collection of the fees ceases, in accordance with this division.
Prior to the approval of the solid waste management plan of
the district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees.
In the case of a county district or a joint district formed
by two or three counties, the committee shall declare the
proposed
revised fees to be ratified as the fee schedule of the
district
upon determining that the board of county commissioners
of each
county forming the district has approved the proposed
revised fees
and that the legislative authorities of a
combination of municipal
corporations and townships with a
combined population within the
district comprising at least sixty
per cent of the total
population of the district have approved
the proposed revised
fees, provided that in the case of a county
district, that
combination shall include the municipal
corporation having the
largest population within the boundaries
of the district, and
provided further that in the case of a joint
district formed by
two or three counties, that combination shall
include for each
county forming the joint district the municipal
corporation having
the largest population within the boundaries
of both the county in
which the municipal corporation is located
and the joint district.
In the case of a joint district formed
by four or more counties,
the committee shall declare the
proposed revised fees to be
ratified as the fee schedule of the
joint district upon
determining that the boards of county
commissioners of a majority
of the counties forming the district
have approved the proposed
revised fees; that, in each of a
majority of the counties forming
the joint district, the proposed
revised fees have been approved
by the municipal corporation
having the largest population within
the county and the joint
district; and that the legislative
authorities of a combination
of municipal corporations and
townships with a combined
population within the joint district
comprising at least sixty
per cent of the total population of the
joint district have
approved the proposed revised fees.
For the purposes of this division, only the population of
the
unincorporated area of a township shall be considered. For
the
purpose of determining the largest municipal corporation
within
each county under this division, a municipal corporation
that is
located in more than one solid waste management district,
but that
is under the jurisdiction of one county or joint solid
waste
management district in accordance with division (A) of
section
3734.52 of the Revised Code shall be considered to be
within the
boundaries of the county in which a majority of the
population of
the municipal corporation resides.
The committee may amend the schedule of fees levied
pursuant
to a resolution or amended resolution adopted and
ratified under
this division by adopting a resolution
establishing the proposed
amount of the amended fees. The
committee may abolish the fees
levied pursuant to such a
resolution or amended resolution by
adopting a resolution
proposing to repeal them. Upon adopting
such a resolution, the
committee shall proceed to obtain
ratification of the resolution
in accordance with this division.
Not later than fourteen days after declaring the fees or
amended fees to be ratified under this division, the committee
shall notify by certified mail the owner or operator of each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees. Collection
of any
fees or amended fees ratified on or after March 24, 1992,
shall
commence on the first day of the second month following the
month
in which notification is sent to the owner or operator.
Not later than fourteen days after declaring the repeal of
the district's schedule of fees to be ratified under this
division, the committee shall notify by certified mail the owner
or operator of each facility that is collecting the fees of the
repeal. Collection of the fees shall cease on the first day of
the second month following the month in which notification is
sent
to the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan under
section 3734.55 of the Revised Code or amended plan under
division
(A) or (D) of section 3734.56 of the Revised Code that
establishes
or amends a schedule of fees levied by the district,
or the
ratification of an amendment to the district's approved
plan or
amended plan under division (E) of section 3734.56 of the
Revised
Code that establishes or amends a schedule of fees, as
appropriate, the committee shall notify by certified mail the
owner or operator of each solid waste disposal facility that is
required to collect the fees of the approval of the plan or
amended plan, or the amendment to the plan, as appropriate, and
the amount of the fees or amended fees. In the case of an
initial
or amended plan approved under section 3734.521 of the
Revised
Code in connection with a change in district composition,
other
than one involving the withdrawal of a county from a joint
district, that establishes or amends a schedule of fees levied
under divisions (B)(1) to (3) of this section by a district
resulting from the change, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees or amended fees. Collection of any fees set forth in a
plan
or amended plan approved by the director on or after April
16,
1993, or an amendment of a plan or amended plan under
division (E)
of section 3734.56 of the Revised Code that is
ratified on or
after April 16, 1993, shall commence on the first
day of the
second month following the month in which notification
is sent to
the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's plan under section 3734.55 of the
Revised Code or amended plan under division (A) or (D) of section
3734.56 of the Revised Code that abolishes the schedule of fees
levied under divisions (B)(1) to (3) of this section, or an
amendment to the district's approved plan or amended plan
abolishing the schedule of fees is ratified pursuant to division
(E) of section 3734.56 of the Revised Code, as appropriate, the
committee shall notify by certified mail the owner or operator of
each facility that is collecting the fees of the approval of the
plan or amended plan, or the amendment of the plan or amended
plan, as appropriate, and the abolishment of the fees. In the
case of an initial or amended plan approved under section
3734.521
of the Revised Code in connection with a change in
district
composition, other than one involving the withdrawal of
a county
from a joint district, that abolishes the schedule of
fees levied
under divisions (B)(1) to (3) of this section by a
district
resulting from the change, the committee, within
fourteen days
after the change takes effect pursuant to division
(G) of that
section, shall notify by certified mail the owner or
operator of
each solid waste disposal facility that is required
to collect the
fees that the change has taken effect and of the
abolishment of
the fees. Collection of the fees shall cease on
the first day of
the second month following the month in which
notification is sent
to the owner or operator.
Except as otherwise provided in this division, if the
schedule of fees that a district is levying under divisions
(B)(1)
to (3) of this section pursuant to a resolution or amended
resolution adopted and ratified under this division, the solid
waste management plan of the district approved under section
3734.55 of the Revised Code, an amended plan approved under
division (A) or (D) of section 3734.56 of the Revised Code, or an
amendment to the district's approved plan or amended plan under
division (E) of section 3734.56 of the Revised Code, is amended
by
the adoption and ratification of an amendment to the
resolution or
amended resolution or an amendment of the
district's approved plan
or amended plan, the fees in effect
immediately prior to the
approval of the plan or the amendment of
the resolution, amended
resolution, plan, or amended plan, as
appropriate, shall continue
to be collected until collection of
the amended fees commences
pursuant to this division.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the abolishment of the district's
fees by that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such an initial or amended plan abolishes a schedule of fees,
collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the abolishment of the
district's fees by that
initial or amended plan. Collection of
any fees set forth in
such a plan or amended plan shall commence
on the first day of
the second month following the month in which
notification is
sent to the owner or operator. If such an initial
or amended
plan abolishes a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
In the case of a change in district composition, the
schedule
of fees that the former districts that existed prior to
the change
were levying under divisions (B)(1) to (3) of this
section
pursuant to a resolution or amended resolution adopted
and
ratified under this division, the solid waste management plan
of a
former district approved under section 3734.521 or 3734.55
of the
Revised Code, an amended plan approved under section
3734.521 or
division (A) or (D) of section 3734.56 of the Revised
Code, or an
amendment to a former district's approved plan or
amended plan
under division (E) of section 3734.56 of the Revised
Code, and
that were in effect on the date that the director
completed the
actions required under division (G)(1) or (3) of
section 3734.521
of the Revised Code shall continue to be
collected until the
collection of the fees or amended fees of the
districts resulting
from the change is required to commence, or
if an initial or
amended plan of a resulting district abolishes a
schedule of fees,
collection of the fees is required to cease,
under this division.
Moneys so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or abolished is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of wastes that are generated from the combustion of coal, or from
the combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more
premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer facility, the fees levied under divisions (A), (B), and
(C) of this section shall be levied upon
the disposal of solid
wastes transported off the premises of the
transfer facility for
disposal and shall be collected by the
owner or operator of the
solid waste disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this section do not apply to sewage sludge that is generated by a
waste water treatment facility holding a national pollutant
discharge elimination system permit and that is disposed of
through incineration, land application, or composting or at
another resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this section do not apply to solid wastes delivered to a solid
waste composting facility for processing. When any unprocessed
solid waste or compost product is transported off the premises of
a composting facility and disposed of at a landfill, the fees
levied under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees levied under division (B) of this
section shall be forwarded
to the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the clerk of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or such other officer
of the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal corporation.
Moneys received by the clerk of the township under that division
shall be paid into the general fund of the township. The
treasurer or such other officer of the municipal corporation or
the clerk, as appropriate, shall maintain separate records of the
moneys received from the fees levied under division (C) of this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint district arising from the fees levied
under division (B) of
this section and the fee levied
under division (A) of section
3734.573 of the Revised Code shall
be expended by the board of
county commissioners or directors of
the district in accordance
with the district's solid waste
management plan or amended plan
approved under section 3734.521,
3734.55, or 3734.56 of the
Revised Code exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within the district, if solid waste facilities are located within
the district, for enforcement of this chapter and rules, orders,
and terms and conditions of
permits, licenses, and variances
adopted or issued under it,
other than the hazardous waste
provisions of this chapter and
rules adopted and orders and terms
and conditions of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within the district for the enforcement of section 3734.03 of the
Revised Code or to local law enforcement agencies having
jurisdiction within the district for enforcing anti-littering
laws
and ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
prescribing procedures for
collecting and forwarding the fees
levied under divisions (B) and
(C) of this section to the boards
of county commissioners or
directors of county or joint solid
waste management districts and
to the treasurers or other
officers of municipal corporations or
to the clerks of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section. Collection of the fees levied under division
(A)(1) of
this section shall commence on July 1, 1993. Collection
of the
fees
levied under division (A)(2) of this section shall
commence
on January 1, 1994.
Sec. 3734.82. (A) The annual fee for a scrap tire
recovery
facility license issued under section 3734.81 of the
Revised Code
shall be in accordance with the following schedule:
|
Daily Design |
|
Annual |
|
Input Capacity |
|
License
|
|
(Tons) |
|
Fee |
|
1 or less |
|
$ 100 |
|
|
2 to 25 |
|
500 |
|
|
26 to 50 |
|
1,000 |
|
|
51 to 100 |
|
1,500 |
|
|
101 to 200 |
|
2,500 |
|
|
201 to 500 |
|
3,500 |
|
|
501 or more |
|
5,500 |
|
For the purpose of determining the applicable license fee
under this division, the daily design input capacity shall be the
quantity of scrap tires the facility is designed to process daily
as set forth in the registration certificate or permit for the
facility, and any modifications to the permit, if applicable,
issued under section 3734.78 of the Revised Code.
(B) The annual fee for a scrap tire monocell or monofill
facility license shall be in accordance with the following
schedule:
|
Authorized Maximum |
|
Annual |
|
Daily Waste Receipt |
|
License
|
|
(Tons) |
|
Fee |
|
100 or less |
|
$ 5,000 |
|
101 to 200 |
|
12,500 |
|
201 to 500 |
|
30,000 |
|
501 or more |
|
60,000 |
For the purpose of determining the applicable license fee
under this division, the authorized maximum daily waste receipt
shall be the maximum amount of scrap tires the facility is
authorized to receive daily that is established in the permit for
the facility, and any modification to that permit, issued under
section 3734.77 of the Revised Code.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, the annual fee for a scrap tire storage facility
license shall equal one thousand dollars times the number of
acres
on which scrap tires are to be stored at the facility
during the
license year, as set forth on the application for the
annual
license, except that the total annual license fee for any
such
facility shall not exceed three thousand dollars.
(2) The annual fee for a scrap tire storage facility
license
for a storage facility that is owned or operated by a
motor
vehicle salvage dealer licensed under Chapter 4738. of the
Revised
Code is one hundred dollars.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, the annual fee for a scrap tire collection facility
license is two hundred dollars.
(2) The annual fee for a scrap tire collection facility
license for a collection facility that is owned or operated by a
motor vehicle salvage dealer licensed under Chapter 4738. of the
Revised Code is fifty dollars.
(E) Except as otherwise provided in divisions (C)(2) and
(D)(2) of this section, the same fees apply to private operators
and to the state and its political subdivisions and shall be paid
within thirty days after the issuance of a license. The fees
include the cost of licensing, all inspections, and other costs
associated with the administration of the scrap tire provisions
of
this chapter and rules adopted under them. Each license shall
specify that it is conditioned upon payment of the applicable fee
to the board of health or the director of environmental
protection, as
appropriate, within
thirty days after the issuance
of the license.
(F) The board of health shall retain fifteen thousand
dollars of each license fee collected by the board under division
(B) of this section, or the entire amount of any such fee that is
less than fifteen thousand dollars, and the entire amount of each
license fee collected by the board under divisions (A), (C), and
(D) of this section. The moneys retained shall be paid into a
special fund, which is hereby created in each health district,
and
used solely to administer and enforce the scrap tire
provisions of
this chapter and rules adopted under them. The
remainder, if any,
of each license fee collected by the board
under division (B) of
this section shall be transmitted to the
director within
forty-five days after
receipt of the fee.
(G) The director shall transmit the moneys received by the
director from license fees collected under division (B) of this
section to
the treasurer of state to be credited to the scrap tire
management fund, which is hereby created in the state treasury.
The fund shall consist of all federal moneys received by the
environmental protection agency for the scrap tire management
program; all grants, gifts, and contributions made to the
director
for that program; and all other moneys that may be
provided by law
for that program. The director shall use moneys
in the fund as
follows:
(1) Expend not more than seven hundred fifty thousand
dollars during each fiscal year to implement, administer,
and
enforce the scrap tire provisions of this chapter and rules
adopted under them;
(2)
For fiscal years
1998 and 1999, grant not more
than one
hundred fifty thousand dollars during each fiscal year
to the
polymer institute at the university of Akron for the
purpose of
expediting research concerning and evaluation of
alternative
methods of recycling scrap tires. The institute
shall report to
the director annually concerning research
programs under review,
and the results of scrap tire recycling
experiments conducted, by
or in conjunction with the institute.
The university shall report
to the director biennially concerning
the expenditures of moneys
received by the institute under
division (G)(2) of this section.
(3) During each fiscal year, request the director of budget
and
management
to, and the director of budget and management
shall,
transfer one million dollars to the scrap tire
loans and
grants
grant fund
created in section
166.032
1502.12 of the
Revised Code
for the
purposes specified in that section;
(4) Annually transfer to the central support indirect fund
created in section 3745.014 of the Revised Code an amount
equal to
not more than twelve per
cent of each fiscal year's appropriation
to the scrap tire management fund.
(H)(1) If, during a fiscal year,
more than three million
five hundred thousand dollars are
credited to the scrap tire
management fund, the director, at the
conclusion of the fiscal
year, shall request the director
of budget and management to, and
the director of budget and management
shall, transfer to the scrap
tire loans and
grants fund one-half of the
moneys credited to the
scrap tire management fund in excess of
that amount.
(2) In each fiscal year, if more than three
million five
hundred thousand dollars are credited to the scrap tire
management
fund during the preceding fiscal year,
the director shall expend
during the current fiscal
year one-half of that excess amount to
conduct removal operations
under section 3734.85 of the Revised
Code.
(3) Expend not more than three million dollars per year
during fiscal years 2002 and 2003 to conduct removal actions under
section 3734.85 of the Revised Code and to make grants to boards
of health under section 3734.042 of the Revised Code. However,
more than three million dollars may be expended in fiscal years
2002 and 2003 for the purposes of division (G)(3) of this section
if more moneys are collected from the fee levied under division
(A)(2) of section 3734.901 of the Revised Code. During each
subsequent fiscal year the director shall expend not more than
four million five hundred thousand dollars to conduct removal
actions under section 3734.85 of the Revised Code and to make
grants to boards of health under section 3734.042 of the Revised
Code. However, more than four million five hundred thousand
dollars may be expended in a fiscal year for the purposes of
division (G)(3) of this section if more moneys are collected from
the fee levied under division (A)(2) of section 3734.901 of the
Revised Code. The director shall request the approval of the
controlling
board prior to the use of the moneys to conduct
removal actions
under section 3734.85 of the Revised Code. The
request shall be
accompanied by a plan describing the removal
actions to be
conducted during the fiscal year and an estimate of
the costs of
conducting them. The controlling board shall approve
the plan
only if it finds that the proposed removal actions are in
accordance with the priorities set forth in division (B) of
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. Controlling board approval is not
required for grants made to boards of health under section
3734.042 of the Revised Code.
(H) If, during a fiscal year, more than seven million
dollars are credited to the scrap tire management fund, the
director, at the conclusion of the fiscal year, shall request the
director of budget and management to, and the director of budget
and management shall, transfer one-half of those excess moneys to
the scrap tire grant fund. The director shall expend
the
remaining excess moneys in the scrap tire management fund to
conduct removal actions under section 3734.85 of the Revised Code
in accordance with the procedures established under division (I)
of this section.
(I) After the actions in divisions (G)(1) to
(4)(3) and
(H)
of this section are completed during each
prior fiscal year, the
director
may expend up to the balance remaining from prior
fiscal
years in the scrap tire management fund to conduct removal actions
under section 3734.85 of the Revised Code. Prior to using any
moneys in the
fund for that
purpose in a fiscal year, the director
shall request the approval of the
controlling board for that use
of the moneys. The request shall be
accompanied by a plan
describing the removal actions to be conducted during
the fiscal
year and an estimate of the costs of conducting them. The
controlling board shall approve the plan only if the board finds
that the
proposed removal actions are in accordance with the
priorities set forth in
division (B) of section 3734.85 of the
Revised Code and that the costs of
conducting
them are reasonable.
Sec. 3734.901. (A)(1) For the purpose of providing revenue
to
defray the cost of administering and enforcing the scrap tire
provisions of this chapter, rules adopted under those provisions,
and terms and conditions of orders, variances, and licenses
issued
under those provisions; to abate accumulations of scrap
tires; to
make grants to promote research regarding alternative
methods of
recycling scrap tires and loans to promote the
recycling or
recovery of energy from scrap tires; and to defray
the costs of
administering and enforcing sections 3734.90 to
3734.9014 of the
Revised Code, a fee of
fifty cents per tire is
hereby
levied on
the sale of tires. The fee is levied from the
first day
of the
calendar month that begins next after thirty
days from
October 29,
1993, through June 30, 2006.
(2) There is hereby levied an additional fee of fifty cents
per tire on the sale of tires the proceeds of which shall be
deposited in the scrap tire management fund created in section
3734.82 of the Revised Code and be used exclusively for the
purposes specified in division (G)(3) of that section.
(B) Only one sale of the same article shall be used in
computing the amount of the fee due.
Sec. 3734.904. (A) By the twentieth day of each month,
each
person required to pay the fee imposed by section 3734.901
of
the
Revised Code shall file with the
treasurer of state
tax
commissioner a
return as prescribed by the tax commissioner and
shall make
payment of the full amount of the fee due for the
preceding month
after deduction of any discount provided for under
division (E)
of this section. The return shall be signed by the
person
required to file it, or an authorized employee, officer, or
agent.
The treasurer shall mark on the return the date it was
received and indicate payment or nonpayment of the fee shown to
be
due on the return. The treasurer immediately shall transmit
all
returns to the tax commissioner. The return shall be deemed
filed
when received by the
treasurer of state
tax commissioner.
(B) Any person required by this section to file a return
who
fails to file such a return within the period prescribed
may be
required to pay an additional charge of fifty
dollars or ten per
cent
of the fee required to be paid for the reporting period,
whichever is greater. The commissioner may collect the
additional
charge by assessment pursuant to section 3734.907 of
the Revised
Code. The commissioner may remit all or a portion of
the
additional charge and may adopt rules relating thereto.
(C) If any fee due is not paid timely in accordance with
this section, the person liable for the fee shall pay interest,
calculated at the rate per annum as prescribed by section 5703.47
of the Revised Code, from the date the fee payment was due to the
date of payment or to the date an assessment is issued,
whichever
occurs first. Interest shall be paid in the same manner as the
fee,
and the commissioner may collect the interest by
assessment
pursuant to section 3734.907 of the Revised Code.
(D) If, in the estimation of the tax commissioner, the
average liability of the person liable for the fee is such as not
to merit monthly filing, the commissioner may authorize the
person
to file and pay at less frequent intervals. Returns are
due by
the twentieth day of the month following the close of the
applicable reporting period authorized under this division.
(E) If a return is filed and the amount of the fee shown
to
be due on the return is paid on or before the date that the
return
is required to be filed under division (A) of this section
or
pursuant to division (D) of this section, whichever is
applicable,
the person liable for the fee is entitled to a
discount of four
per cent of the amount shown to be due on the
return.
(F) All money collected by the tax commissioner under this
section shall be paid to the treasurer of state as revenue arising
from the fee imposed by section 3734.901 of the Revised Code.
Sec. 3735.27. (A) Whenever the director of development
has
determined that there is need for a housing authority in any
portion of any county that comprises two or more political
subdivisions or portions thereof but is less than all the
territory within the county, a metropolitan housing authority
shall be declared to exist and the territorial limits thereof
shall be defined by a letter from the director. The director
shall issue a determination from the department of development
declaring that there is need for a housing authority within such
territorial limits
if he finds
after finding either:
(1) Unsanitary or unsafe inhabited housing accommodations
exist in such area;
(2) There is a shortage of safe and sanitary housing
accommodations in such area available to persons who lack the
amount of income which is necessary, as determined by the
director, to enable them, without financial assistance, to live
in
decent, safe, and sanitary dwellings without congestion.
In determining whether dwelling accommodations are unsafe
or
unsanitary the director may take into consideration the degree
of
congestion, the percentage of land coverage, the light, air,
space, and access available to the inhabitants of such dwelling
accommodations, the size and arrangement of the rooms, the
sanitary facilities, and the extent to which conditions exist in
such buildings which endanger life or property by fire or other
causes.
The territorial limits of a housing authority, defined by
the
director, shall be fixed for such authority upon proof of a
letter
from the director declaring the need for such authority to
function in those territorial limits. Any such letter from the
director, any certificate of determination issued by the
director,
and any certificate of appointment of members of the
authority
shall be admissible in evidence in any suit, action, or
proceeding.
A certified copy of the letter from the director, declaring
the existence and boundaries of a housing authority district,
shall be immediately forwarded to each appointing authority. A
housing authority shall consist of five members, who shall be
residents of the territory embraced in such metropolitan housing
authority district.
(B) Except as otherwise provided in division (C) of this
section, one member shall be appointed by the probate court, one
member by the court of common pleas, one member by the board of
county commissioners, and two members by the chief executive
officer of the most populous city in the territory included in
the
district, in accordance with the last preceding federal
census.
At
the time of the initial appointment of the authority,
the
member
appointed by the probate court shall be appointed for
a
period of
four years, the appointee of the court of common
pleas
for three
years, the appointee of the board of county
commissioners for two
years, one appointee of the chief executive
officer for one year
and one appointee of the chief executive
officer for five years.
Thereafter, all members of the authority
shall be appointed for
five-year terms and vacancies due to
expired terms shall be filled
by the same appointing powers.
(C) For any metropolitan housing authority district that
contains
contained, as of the 1990 federal census, a population of
at least one million, two members of the
authority shall be
appointed by the municipal legislative
authority of the most
populous city in the territory included in
the district, two
members by the chief executive officer of the
most populous city
in the territory included in the district, and
one member by the
chief executive officer, with the approval of
the municipal
legislative authority, of the city in the district
which has the
second highest number of housing units owned or
managed by the
authority.
At the time of the initial appointment of the authority,
one
member appointed by the municipal legislative authority of
the
most populous city in the territory included in the district
shall
be appointed for three years, and one for one year; the
appointee
of the chief executive officer of the city with the
second highest
number of housing units owned or managed by the
authority shall be
appointed, with the approval of the municipal
legislative
authority, for three years; one appointee of the
chief executive
officer of the most populous city in the district
shall be
appointed for three years, and one for one year.
Thereafter, all
members of the authority shall be appointed for
three-year terms,
and any vacancy shall be filled by the same
appointing power that
made the initial appointment. At the
expiration of the term of
any member appointed by the chief
executive officer of the most
populous city in the territory
included in the district prior to
March 15, 1983, the chief
executive officer of the most populous
city in the district shall
fill the vacancy by appointment for a
three-year term. At the
expiration of the term of any member
appointed by the board of
county commissioners prior to March 15,
1983, the chief executive
officer of the city in the district with
the second highest
number of housing units owned or managed by the
authority shall,
with the approval of the municipal legislative
authority, fill
the vacancy by appointment for a three-year term.
At the
expiration of the term of any member appointed prior to
March 15,
1983 by the court of common pleas or the probate court,
the
legislative authority of the most populous city in the
territory
included in the district shall fill the vacancy by
appointment
for a three-year term.
After March 15, 1983, at least one of the members appointed
by the chief executive officer of the most populous city shall be
a resident of a dwelling unit owned or managed by the housing
authority. At least one of the initial appointments by the chief
executive officer of the most populous city, after March 15,
1983,
shall be a resident of a dwelling unit owned or managed by
the
housing authority. Thereafter, any member appointed by the
chief
executive officer for the term established by this initial
appointment, or for any succeeding term thereof, shall be a
person
who resides in a dwelling unit owned or managed by the
housing
authority. If there is an elected, representative body
of all
residents of the housing authority, then the chief
executive
officer shall, whenever there is a vacancy in this
resident term,
provide written notice of the vacancy to the
representative body.
If the representative body submits to the
chief executive officer,
in writing and within sixty days after
the date on which it was
notified of the vacancy, the names of at
least five residents of
the housing authority who are willing and
qualified to serve as a
member, then the chief executive officer
shall appoint to the
resident term one of the residents
recommended by the
representative body. At no time shall
residents constitute a
majority of the members of the authority.
(D) Public officials, other than the officers having the
appointing power under this section, shall be eligible to serve
as
members, officers, or employees of the housing authority
notwithstanding any statute, charter, or law to the contrary.
Not
more than two such public officials shall be members of the
authority at any one time.
All members of such housing authority shall serve without
compensation but shall be entitled to be reimbursed for all
necessary expenses incurred. After such district has been
formed,
the director may enlarge the territory within such
district to
include other political subdivisions, or portions
thereof, but the
territorial limits of which shall be less than
that of the
county.
Sec. 3745.014. There is hereby created in the state
treasury
the central support indirect fund, which shall be
administered by
the director of environmental protection. Money
credited to the
fund shall be used for administrative costs of
the environmental
protection agency
that are related to
expenditures by the agency
from funds of the general services
fund group and the state
special revenue fund group. The
director may assess any
operating
funds
of
from which the agency
within the general
services fund
group or the state special revenue fund group
receives
appropriations,
except the central support indirect fund, for a
share of the
administrative costs of the agency. The
assessments
shall be
paid from the general services funds and state special
revenue
funds designated by the director and
amounts assessed
shall be transferred to the
central support indirect fund by means
of intrastate transfer
vouchers. The director, with the approval
of the director of budget and management, shall determine the rate
of assessments,
which shall not exceed twelve per cent of the
total fiscal year
appropriation from any such fund for the fiscal
year unless the
controlling board approves a request from the
director for a
higher rate.
Sec. 3745.04. As used in this section, "any person" means
any individual, any partnership, corporation, association, or
other legal entity, or any political subdivision,
instrumentality,
or agency of a state, whether or not the
individual or legal
entity is an applicant for or holder of a
license, permit, or
variance from the environmental protection
agency, and includes
any department, agency, or instrumentality
of the federal
government that is an applicant for or holder of a
license,
permit, or variance from the environmental protection
agency.
As used in this section, "action" or "act" includes the
adoption, modification, or repeal of a rule or standard, the
issuance, modification, or revocation of any lawful order other
than an emergency order, and the issuance, denial, modification,
or revocation of a license, permit, lease, variance, or
certificate, or the approval or disapproval of plans and
specifications pursuant to law or rules adopted thereunder.
Any person who was a party to a proceeding before the
director
of environmental protection may participate in an appeal
to the environmental review appeals
commission for an order
vacating or modifying the
action of the
director
of environmental
protection or
a local board of health, or
ordering the director or
board of health to perform an act. The
environmental review
appeals commission has exclusive
original jurisdiction over any
matter that may, under this
section, be brought before
it.
The person so appealing to the commission shall be known
as
appellant, and the director and any party to a proceeding
substantially supporting the finding from which the appeal is
taken shall be known as appellee, except that when an appeal
involves a license to operate a disposal site or facility, the
local board of health or the director of environmental
protection,
and any party to a proceeding substantially
supporting the finding
from which the appeal is taken, shall, as
appropriate, be known as
the appellee. Appellant and appellee
shall be deemed to be
parties to the appeal.
The appeal shall be in writing and shall set forth the
action
complained of and the grounds upon which the appeal is
based.
The appeal shall be filed with the commission within
thirty
days after notice of the action. Notice of the filing of the
appeal
shall be filed with the appellee within three days after
the
appeal is filed with the commission.
The appeal shall be accompanied by a filing fee of
forty
sixty
dollars, which the commission, in its discretion, may
waive
in cases
of extreme hardship.
Within seven days after receipt of the notice of appeal, the
director or local board of health shall prepare and certify to
the
commission a record of the proceedings out of which
the appeal
arises, including all documents and correspondence, and a
transcript of all testimony.
Upon the filing of the appeal, the commission shall fix
the
time
and place at which the hearing on the appeal will be held.
The
commission shall give
the appellant and the appellee at least
ten days'
written notice thereof by certified mail. The
commission
shall hold the hearing within thirty days after the
notice of appeal is
filed. The commission may postpone or
continue any
hearing upon its
own motion or upon application of
the appellant or of the appellee.
The filing of an appeal does not automatically suspend or
stay execution of the action appealed from. Upon application by
the appellant, the commission may suspend or stay
such
the
execution
pending immediate determination of the appeal without
interruption by continuances, other than for unavoidable
circumstances.
As used in this section and sections 3745.05 and 3745.06 of
the Revised Code, "director of
environmental protection" and
"director" are deemed to include the director of
agriculture and
"environmental protection agency" is deemed to include the
department of agriculture with respect to actions that are
appealable to the
commission under Chapter 903. of the Revised
Code.
Sec. 3745.10. (A) Not later than ten business days after
receipt of an
application for a permit to install under rules
adopted under section 3704.03 of the Revised Code or for the
approval of plans under section 6111.44, 6111.45, or 6111.46 of
the Revised Code, the director of environmental
protection shall
send to the applicant written acknowledgement of
receipt of the
application. The written acknowledgement shall
contain a
statement indicating either that the application
contains all of
the information that is necessary to perform a technical review
or that the application is
incomplete. If the application is
incomplete, the written
acknowledgement also shall provide a
description of the
information that is missing from the
application.
(B) If the director fails to make the completeness
determination and provide written notice of that determination not
later than ten business days after receipt of the application, the
application shall be deemed to be complete in all material
respects on the eleventh business day after receipt of the
application by the director or the director's agent or authorized
representative.
(C) If, during the processing of an application, the
director determines, either before or after it has been determined
or deemed to be complete under this section, that additional
information is necessary in order to evaluate or take final action
on the application, the director may request the information in
writing.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee
to the environmental protection agency for each such issuance
and
each application for an issuance as provided by this section.
No
fee shall be charged for any issuance for which no application
has
been submitted to the director.
(B) Prior to January 1, 1994, each person issued a permit
to
operate, variance, or permit to install under section 3704.03
of
the Revised Code shall pay the fees specified in the following
schedule:
(1) Fuel-Burning Equipment
Input capacity |
Permit |
|
Permit |
(million British |
to |
|
to |
thermal units per hour) |
operate |
Variance |
install |
0 or more, but less than 10 |
$ 75 |
$225 |
$ 100 |
10 or more, but less than 100 |
210 |
450 |
390 |
100 or more, but less than 300 |
270 |
675 |
585 |
300 or more, but less than 500 |
330 |
900 |
780 |
500 or more |
500 |
975 |
1000 |
Any fuel-burning equipment using only natural gas, propane,
liquefied petroleum gas, or number two or lighter fuel oil shall
be assessed a fee one-half of that shown.
|
Permit |
|
Permit |
Input capacity |
to |
|
to |
(pounds per hour) |
operate |
Variance |
install |
0 to 50 |
$ 50 |
$225 |
$ 65 |
51 to 500 |
210 |
450 |
390 |
501 to 2000 |
270 |
675 |
585 |
2001 to 30,000 |
330 |
900 |
780 |
more than 30,000 |
500 |
975 |
1000 |
|
Permit |
|
Permit |
Process weight rate |
to |
|
to |
(pounds per hour) |
operate |
Variance |
install |
0 to 1000 |
$100 |
$225 |
$ 200 |
1001 to 5000 |
210 |
450 |
390 |
5001 to 10,000 |
270 |
675 |
585 |
10,001 to 50,000 |
330 |
900 |
780 |
more than 50,000 |
500 |
975 |
1000 |
In any process where process weight rate cannot be
ascertained, the minimum
fee shall be assessed.
|
Permit |
|
Permit |
Gallons |
to |
variance |
to |
(capacity) |
operate |
Variance |
install |
less
Less than 40,000 |
$150 |
$225 |
$ 195 |
40,000 or more, but less |
|
|
|
than 100,000 |
210 |
450 |
390 |
100,000 or more, but less |
|
|
|
than 400,000 |
270 |
675 |
585 |
400,000 or more, but less |
|
|
|
than 1,000,000 |
330 |
900 |
780 |
1,000,000 or more |
500 |
975 |
1000 |
|
Permit |
|
Permit |
Gasoline dispensing |
to |
|
to |
facilities |
operate |
Variance |
install |
For each gasoline |
|
|
|
dispensing facility |
$20 |
$100 |
$50 |
|
Permit |
|
Permit |
Dry cleaning |
to |
|
to |
facilities |
operate |
Variance |
install |
For each dry cleaning |
|
|
|
facility |
$50 |
$200 |
$100 |
(7) Coal mining operations regulated under Chapter 1513.
of
the Revised Code shall be assessed a fee of two hundred fifty
dollars per mine or location.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions of each such regulated pollutant in calendar year 1995,
and each subsequent calendar year, to be collected no sooner than
the fifteenth day of April of the year next succeeding the
calendar year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not
apply to that portion of the emissions of a regulated
pollutant at
a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section
are for the purpose of providing funding for the Title V
permit
program.
(3) The fees assessed under division (C)(1) of this
section
do not apply to emissions from any electric generating
unit
designated as a Phase I unit under Title IV of the federal
Clean
Air Act prior to calendar year 2000. Those fees shall be
assessed
on the emissions from such a generating unit commencing
in
calendar year 2001 based upon the total actual emissions from
the
generating unit during calendar year 2000
and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or
operators
of air contaminant sources who are required to pay a
fee assessed
under division (C) or (D) of this section. Any such
invoice shall
be issued no sooner than the applicable date when
the fee first
may be collected in a year under the applicable
division, shall
identify the nature and amount of the fee
assessed, and shall
indicate that the fee is required to be paid
within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division
(D)(2) of this
section, beginning January 1, 1994, each person
who owns or
operates an air contaminant source; who is required to apply for
a
permit to operate pursuant to rules adopted under division (G),
or
a variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall
pay a single fee based upon the sum of the actual annual
emissions
from the facility of the regulated pollutants
particulate matter,
sulfur dioxide, nitrogen oxides,
organic compounds, and lead in
accordance with the following
schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(2)(a) As used in division (D) of this section,
"synthetic
minor facility" means a facility for which one or
more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30,
2001
2004,
each person who owns or operates a
synthetic minor facility shall
pay an annual fee based on the sum
of the actual annual emissions
from the facility of particulate
matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and
lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
per year of all regulated |
|
Annual fee |
|
pollutants emitted |
|
per facility |
|
Less than 10 |
|
$ 170 |
|
10 or more, but less than 20 |
|
340 |
|
20 or more, but less than 30 |
|
670 |
|
30 or more, but less than 40 |
|
1,010 |
|
40 or more, but less than 50 |
|
1,340 |
|
50 or more, but less than 60 |
|
1,680 |
|
60 or more, but less than 70 |
|
2,010 |
|
70 or more, but less than 80 |
|
2,350 |
|
80 or more, but less than 90 |
|
2,680 |
|
90 or more, but less than 100 |
|
3,020 |
|
100 or more |
|
3,350 |
(3) The fees assessed under division (D)(1)
of this section
shall be collected
annually no sooner than the fifteenth day of
April, commencing in 1995.
The fees assessed under division
(D)(2) of this section shall be
collected no sooner than the
fifteenth day of April, commencing
in 2000, and shall continue
through June 30,
2001. The fees assessed under
division (D) of
this section in a calendar year
shall be based upon the sum of the
actual emissions of those
regulated pollutants during the
preceding calendar year. For the purpose of
division (D) of this
section, emissions of air
contaminants may be
calculated using
engineering calculations, emission factors,
material balance
calculations, or performance testing procedures,
as authorized by
the director. The director, by rule, may
require persons who are
required to pay the fees assessed under
division (D) of this
section to pay those fees
biennially rather than annually.
(E)(1) Consistent with the need to cover the reasonable
costs of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by
the percentage, if any, by which the consumer price index for
the
most recent calendar year ending before the beginning of a
year
exceeds the consumer price index for calendar year 1989.
Upon
calculating an increase in fees authorized by division (E)(1) of
this
section, the director shall compile revised fee schedules for
the purposes
of division (C)(1) of this section and shall make the
revised schedules
available to persons required to pay the fees
assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of
the consumer price index for all urban consumers published by
the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year;.
(b) If the 1989 consumer price index is revised, the
director shall use the revision of the consumer price index that
is most consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to rules adopted under division (F) of section 3704.03 of the
Revised Code on or after January 1, 1994, shall pay the fees
specified in the following schedules:
(1) Fuel-burning equipment (boilers)
Input capacity (maximum) |
|
(million British thermal units per hour) |
Permit to install |
Greater than 0, but less than 10 |
$ 200 |
10 or more, but less than 100 |
400 |
100 or more, but less than 300 |
800 |
300 or more, but less than 500 |
1500 |
500 or more, but less than 1000 |
2500 |
1000 or more, but less than 5000 |
4000 |
5000 or more |
6000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
Input capacity (pounds per hour) |
Permit to install |
0 to 100 |
$ 100 |
101 to 500 |
400 |
501 to 2000 |
750 |
2001 to 20,000 |
1000 |
more than 20,000 |
2500 |
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
1001 to 5000 |
400 |
5001 to 10,000 |
600 |
10,001 to 50,000 |
800 |
more than 50,000 |
1000 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed.
(b) Notwithstanding division (F)(3)(a) of this section,
any
person issued a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code shall
pay the
fees set forth in division (F)(3)(c) of this section for
a process
used in any of the following industries, as identified
by the
applicable four-digit standard industrial classification
code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees set forth in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process identified in division (F)(3)(b) of this section:
|
Gallons (maximum |
|
|
|
|
useful capacity) |
|
Permit to install |
|
|
0 to 20,000 |
|
$ 100 |
|
|
20,001 to 40,000 |
|
150 |
|
|
40,001 to 100,000 |
|
200 |
|
|
100,001 to 250,000 |
|
250 |
|
|
250,001 to 500,000 |
|
350 |
|
|
500,001 to 1,000,000 |
|
500 |
|
|
1,000,001 or greater |
|
750 |
|
Gallons (maximum useful capacity) |
Permit to install |
0 to 20,000 |
$100 |
20,001 to 40,000 |
150 |
40,001 to 100,000 |
200 |
100,001 to 250,000 |
250 |
250,001 to 500,000 |
350 |
500,001 to 1,000,000 |
500 |
1,000,001 or greater |
750 |
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel
|
|
Permit to install |
|
dispensing facility |
|
$ 100 |
|
(6) Dry cleaning facilities
For each dry cleaning
|
|
|
|
facility (includes all units |
|
Permit to install |
|
at the facility) |
|
$ 100 |
|
For each source covered |
|
Permit to install |
|
by registration status |
|
$ 75 |
|
(G) An owner or operator who is responsible for an
asbestos
demolition or renovation project pursuant to rules
adopted under
section 3704.03 of the Revised Code shall pay the
fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
Each notification |
|
$75 |
|
|
Asbestos removal |
|
$3/unit |
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
For purposes of this division,
"unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit
to install an air contaminant source pursuant to rules
adopted
under division (F) of section 3704.03 of the Revised Code
shall
pay a fee equal to one-half the fee originally assessed for
the
permit to install under this section, except that the fee for
such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised
Code after the date actual construction of the source
began shall
pay a fee for the permit to install that is equal to
twice the fee
that otherwise would be assessed under the
applicable division
unless the applicant received authorization
to begin construction
under division (W) of section 3704.03 of
the Revised Code. This
division only applies to sources for
which actual construction of
the source begins on or after July
1, 1993. The imposition or
payment of the fee established in
this division does not preclude
the director from taking any
administrative or judicial
enforcement action under this chapter,
Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a
rule adopted under any
of them, in connection with a violation of
rules adopted under
division (F) of section 3704.03 of the
Revised Code.
As used in this division,
"actual construction of the
source"
means the initiation of physical on-site construction
activities
in connection with improvements to the source that are
permanent
in nature, including, without limitation, the
installation of
building supports and foundations and the laying
of underground
pipework.
(K) Fifty cents per ton of each fee assessed under
division
(C) of this section on actual emissions from a source
and received
by the environmental protection agency pursuant to
that division
shall be deposited into the state treasury to the
credit of the
small business assistance fund created in section
3706.19 of the
Revised Code. The remainder of the moneys
received by the
division pursuant to that division and moneys
received by the
agency pursuant to divisions (D), (F), (G), (H),
(I), and (J) of
this section shall be deposited in the state
treasury to the
credit of the clean air fund created in section
3704.035 of the
Revised Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b)
or (c) of this section, a person issued a water
discharge permit
or renewal of a water discharge permit pursuant
to Chapter 6111.
of the Revised Code shall pay a fee based on
each point source to
which the issuance is applicable in
accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
0 to 1000 |
|
$ 0 |
|
|
1,001 to 5000 |
|
100 |
|
|
5,001 to 50,000 |
|
200 |
|
|
50,001 to 100,000 |
|
300 |
|
|
100,001 to 300,000 |
|
525 |
|
|
over 300,000 |
|
750 |
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project
cost through June 30,
2002
2004, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1,
2002
2004, except that the total fee shall not
exceed fifteen thousand dollars through June 30,
2002
2004,
and
five
thousand dollars on and after July 1,
2002
2004. The fee
shall be paid at the time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay
administrative costs directly attributable to
processing plan approvals. The
director annually shall calculate
the fee and shall
notify all persons who have entered into
agreements under that
section, or who have applied for agreements,
of the amount of
the fee.
(5)(a)(i) Not later than January 30,
2000
2002, and
January
30,
2001
2003, a person holding an NPDES
discharge permit issued
pursuant to Chapter 6111. of the Revised Code with an
average
daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i)
of this section shall consist
of a
twelve-month period beginning on the first day of
January of
the year preceding
the date when the annual discharge fee is due.
In the case of
an existing source that permanently ceases to
discharge during a
billing year, the director shall reduce the
annual discharge
fee, including the surcharge applicable to
certain industrial
facilities pursuant to division (L)(5)(c) of
this
section, by one-twelfth for each full month during
the
billing year that the source was not discharging, but only
if the
person holding the NPDES discharge permit for the source
notifies
the director in writing, not later than the first day of
October
of the billing year, of
the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in
division
(L)(5)(a)(i) of this
section, except for the surcharge applicable
to certain
industrial facilities pursuant to division
(L)(5)(c) of
this section, shall be based upon the
average daily discharge flow
in gallons per day calculated using first day of
May through
thirty-first day of
October flow data for the period two years
prior to the date on
which the fee is due. In the case of NPDES
discharge
permits for new sources, the fee shall
be calculated
using the average daily design flow of the
facility until actual
average daily discharge flow values are available for
the time
period specified in division
(L)(5)(a)(iii) of this section. The
annual
discharge fee may be prorated for a new source as described
in division
(L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall
pay the fee specified in the following schedule:
Average daily |
|
Fee due by |
|
Fee due by |
discharge flow |
|
January 30, 2000 |
|
January 30,
2001
|
|
|
|
|
2002, and
|
|
|
|
|
January 30, 2003 |
5,000 to 49,999 |
|
$ 180 |
$ 200 |
|
50,000 to 100,000 |
|
450 |
500 |
|
100,001 to 250,000 |
|
900 |
1,050 |
|
250,001 to 1,000,000 |
|
2,250 |
2,600 |
|
1,000,001 to 5,000,000 |
|
4,500 |
5,200 |
|
5,000,001 to 10,000,000 |
|
9,000 |
10,350 |
|
10,000,001 to 20,000,000 |
|
13,500 |
15,550 |
|
20,000,001 to 50,000,000 |
|
22,500 |
25,900 |
|
50,000,001 to 100,000,000 |
|
36,000 |
41,400 |
|
100,000,001 or more |
|
54,000 |
62,100 |
|
Public dischargers owning or operating two or more publicly
owned
treatment works serving the same political subdivision, as
"treatment
works" is defined in section 6111.01 of the Revised
Code, and that
serve
exclusively political subdivisions having a
population of fewer than one
hundred thousand shall pay an annual
discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(C)(c) An NPDES permit
holder that is an industrial
discharger, other than a coal mining operator identified by
P in
the third character of the permittee's NPDES permit
number, shall
pay the fee specified in the following schedule:
Average daily |
|
Fee due by |
|
Fee due by |
discharge flow |
|
January 30, 2000 |
|
January 30,
2001
|
|
|
|
|
2002, and
|
|
|
|
|
January 30, 2003 |
5,000 to 49,999 |
|
$ 180 |
$ 250 |
|
50,000 to 250,000 |
|
900 |
1,200 |
|
250,001 to 1,000,000 |
|
2,250 |
2,950 |
|
1,000,001 to 5,000,000 |
|
4,500 |
5,850 |
|
5,000,001 to 10,000,000 |
|
6,750 |
8,800 |
|
10,000,001 to 20,000,000 |
|
9,000 |
11,700 |
|
20,000,001 to 100,000,000 |
|
10,800 |
14,050 |
|
100,000,001 to 250,000,000 |
|
12,600 |
16,400 |
|
250,000,001 or more |
|
14,400 |
18,700 |
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial
discharger classified as
a
major discharger during all or part of the annual discharge fee
billing
year specified in division (L)(5)(a)(ii) of
this section
shall pay a nonrefundable annual surcharge of
six
thousand seven
hundred fifty dollars
not later than January 30, 2000, and a
nonrefundable
annual surcharge of seven thousand five hundred
dollars not later than
January 30,
2001
2002, and not later than
January 30, 2003. Any person who fails to pay the
surcharge at
that time shall pay an
additional amount that equals ten per cent
of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial
discharger identified by I, J, L, V, W, X, Y, or Z in
the third
character of the permittee's NPDES permit
number shall pay a
nonrefundable annual discharge fee of one hundred eighty
dollars
not later than
January 30,
2000
2002, and not later than January
30,
2001
2003. Any person who fails to pay the fee at that
time
shall pay an additional amount that equals ten per cent of
the
required fee.
(6)
Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and
shall be payable on or before January 30, 2004, and the thirtieth
day of January of each year thereafter. Any person who fails to
pay the fee on the date specified in division (L)(6) of this
section shall pay an additional amount per year equal to ten per
cent of the annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit
into the state treasury to the credit of the surface
water
protection fund created in section 6111.038 of the Revised
Code.
(7)(8) As used in division (L) of this section:
(a)
"NPDES" means the federally approved national
pollutant
discharge elimination system program for issuing,
modifying,
revoking, reissuing, terminating, monitoring, and
enforcing
permits and imposing and enforcing pretreatment
requirements under
Chapter 6111. of the Revised Code and rules
adopted under it.
(b)
"Public discharger" means any holder of an NPDES
permit
identified by P in the second character of the NPDES
permit number
assigned by the director.
(c)
"Industrial discharger" means any holder of an
NPDES
permit identified by I in the second character of the
NPDES
permit
number assigned by the director.
(d)
"Major discharger" means any holder of an NPDES
permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30,
2002
2004, a person applying for a
license
or license renewal to operate a public water system under
section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Fees required under this division shall be calculated and
paid in accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of section 6109.21 of the Revised Code for any public water
system
that is a community water system as defined in section
6109.01 of
the Revised Code, and for each license renewal
required for such a
system prior to January 31,
2002
2004, the
fee is:
Number of service connections |
|
Fee amount |
|
|
Not more than 49 |
|
$56 |
|
|
50 to 99 |
|
88 |
|
Number of service connections |
|
Average cost per connection |
|
|
100 to 2,499 |
|
$.96 |
|
|
2,500 to 4,999 |
|
.92 |
|
|
5,000 to 7,499 |
|
.88 |
|
|
7,500 to 9,999 |
|
.84 |
|
|
10,000 to 14,999 |
|
.80 |
|
|
15,000 to 24,999 |
|
.76 |
|
|
25,000 to 49,999 |
|
.72 |
|
|
50,000 to 99,999 |
|
.68 |
|
|
100,000 to 149,999 |
|
.64 |
|
|
150,000 to 199,999 |
|
.60 |
|
|
200,000 or more |
|
.56 |
|
A public water system may determine how it will pay the
total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may
be assessed on a volumetric basis.
As used in division (M)(1) of this section,
"service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
nontransient
population, and for each license renewal required
for such a
system prior to January 31,
2002
2004, the fee is:
|
Population served |
|
Fee amount |
|
|
Fewer than 150 |
|
$ 56 |
|
|
150 to 299 |
|
88 |
|
|
300 to 749 |
|
192 |
|
|
750 to 1,499 |
|
392 |
|
|
1,500 to 2,999 |
|
792 |
|
|
3,000 to 7,499 |
|
1,760 |
|
|
7,500 to 14,999 |
|
3,800 |
|
|
15,000 to 22,499 |
|
6,240 |
|
|
22,500 to 29,999 |
|
8,576 |
|
|
30,000 or more |
|
11,600 |
|
As used in division (M)(2) of this section,
"population
served" means the total number of individuals receiving water
from
the water supply during a twenty-four-hour period for at
least
sixty days during any calendar year. In the absence of a
specific
population count, that number shall be calculated at the
rate of
three individuals per service connection.
(3) For the initial license required under division (A)(3)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
transient
population, and for each license renewal required for such a
system prior to January 31,
2002
2004, the fee is:
Number of wells supplying system |
|
Fee amount |
|
|
1 |
|
$ 56 |
|
|
2 |
|
56 |
|
|
3 |
|
88 |
|
|
4 |
|
192 |
|
|
5 |
|
392 |
|
|
System supplied by surface |
|
|
|
|
water, springs, or dug wells |
|
792 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred dollars plus two-tenths of one per
cent of the estimated project cost, except that the total fee
shall not exceed fifteen thousand dollars through June 30,
2002
2004, and five thousand dollars on and after July 1,
2002
2004.
The fee
shall be paid at the time the application is submitted.
(2) A person who has entered into an agreement with the
director under
division (A)(2) of section 6109.07 of the Revised
Code shall pay an
administrative service fee for each plan
submitted under that section for
approval that shall not exceed
the minimum amount necessary to pay
administrative costs directly
attributable to processing plan approvals. The
director annually
shall calculate the fee and shall notify all persons that
have
entered into agreements under that division, or who have applied
for
agreements, of the amount of the fee.
(3) Through June 30,
2002
2004, the following fee, on a per
survey
basis, shall be charged any person for services rendered by
the
state in the evaluation of laboratories and laboratory
personnel
for compliance with accepted analytical techniques and
procedures
established pursuant to Chapter 6109. of the Revised
Code for
determining the qualitative characteristics of water:
|
microbiological |
|
$1,650 |
|
|
organic chemical |
|
3,500 |
|
|
inorganic chemical |
|
3,500 |
|
|
standard chemistry |
|
1,800 |
|
|
limited chemistry |
|
1,000 |
|
On and after July 1,
2002
2004, the following fee, on a per
survey basis, shall be charged any such person:
|
microbiological |
|
$250 |
|
|
chemical/radiological |
|
250 |
|
|
nitrate/turbidity (only) |
|
150 |
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30,
2002
2004, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination
for
certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of twenty-five dollars through June 30,
2002
2004,
and ten dollars on and after July 1,
2002
2004. Upon approval
from the director that the applicant is eligible to take the
examination therefor, the
applicant shall pay a fee in accordance
with the following
schedule through June 30,
2002
2004:
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
On and after July 1,
2002
2004, the applicant shall pay a fee
in accordance with the following schedule:
|
Class I operator |
|
$25 |
|
|
Class II operator |
|
35 |
|
|
Class III operator |
|
45 |
|
|
Class IV operator |
|
55 |
|
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Through June 30,
2002
2004, any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a modification of a permit for a solid waste disposal
facility or
an infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of
the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2002
2004, and a nonrefundable fee of fifteen dollars at the
time
the application is submitted on and after July 1,
2002
2004.
Through June 30,
2002
2004, any person
applying for a national
pollutant
discharge elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time of application for
the permit. On and after
July 1,
2002
2004,
such a person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage fee shall not exceed three hundred dollars. In addition,
any person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all
fees required by this section are payable within thirty days
after
the issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section, a sewage sludge facility that
treats or disposes of
exceptional quality
sludge shall pay a minimum annual sewage
sludge fee of one hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
the effective date of this
amendment
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify the nature and amount of
the annual sludge fee assessed
and state the first day of May as
the deadline
for receipt by the director of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeds
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3745.15. Not later than one hundred fifty days after
receipt of a complete application for a
permit to install under
rules adopted under section 3704.03 of the Revised Code or for the
approval of plans under section 6111.44, 6111.45, or 6111.46 of
the Revised Code, the director of environmental
protection shall
either issue or deny, or propose to deny, the permit or approve or
disapprove the plans, whichever is applicable. The director
shall
send written notification to the applicant of the issuance
or
denial or the approval or disapproval, whichever is applicable. If
the director
fails to issue or deny or propose to deny the permit
or approve or
disapprove the plans, whichever is applicable, not
later than one
hundred fifty days after receipt of a complete
application, the
director and the director's authorized
representatives shall not
collect the permit to install fee under
Chapter 3704. of the
Revised Code or an applicable application fee
under Chapter 6111.
of the Revised Code, whichever is applicable.
Sec. 3745.22. (A)
As used in this section, "eligible
institution of higher education" means any of the state
universities listed in section 3345.011 of the Revised Code, or a
community college, technical college, university branch, state
community college, or an institution that is nonprofit and holds a
certificate of authorization issued under section 1713.02 of the
Revised Code.
(B) There is hereby created in the state
treasury the
environmental education fund consisting of moneys
credited to the
fund pursuant to sections 3704.06 and 6111.09 of
the Revised Code
and any gifts, grants, or contributions received
by the director
of environmental protection for the purposes of
the fund. The
fund shall be administered by the director with
the advice and
assistance of the environmental education council created
in
section 3745.21 of
the Revised Code.
Moneys in the fund shall be
used exclusively to develop,
implement, and administer a program
to enhance public awareness
and the objective understanding within
this state of issues
affecting environmental quality. Toward that
end, moneys in the
fund may be used for purposes that include,
without limitation,
developing elementary and secondary school and
collegiate
curricula on environmental issues; providing training
for this
state's elementary and secondary school teachers on
environmental
issues; providing educational seminars for concerned
members of
the public regarding the scientific and technical
aspects of
environmental issues; providing educational seminars
regarding
pollution prevention and waste minimization for persons
regulated
by the environmental protection agency; providing
educational
seminars for persons regulated by the environmental
protection
agency, including, without limitation, small
businesses,
regarding the regulatory requirements of the agency
and the means
of achieving and maintaining compliance with them;
and providing
one or more scholarships in environmental sciences
or
environmental engineering
at one or more state colleges or
universities, as "state college or university" is defined in
section 3345.27 of the Revised Code
for students enrolled at an
eligible institution of higher education.
The director may expend not more than one million five
hundred thousand dollars of the moneys credited to the
environmental education fund under sections 3704.06 and 6111.09
of
the Revised Code in any fiscal year for the purposes specified
in
this division. The director may request authority from the
controlling board to expend any moneys credited to that fund in
any fiscal year in excess of that amount.
(B)(C) Not later than the first day of April each year,
the
director, with the advice and assistance of the council,
shall
prepare and submit to the
governor, the president of
the senate,
and the speaker of the house of representatives an
environmental
education agenda that describes the proposed uses
of the
environmental education fund during the following fiscal
year.
Prior to submitting the agenda the director, in
conjunction with
the council, shall
hold a public hearing in
Franklin county to
receive comments on the agenda. After the
public hearing and
before submitting the agenda to the governor,
the president, and
the speaker, the director, with the advice
and assistance of the
council, may
make
any modifications
to the agenda that the
director considers appropriate based
upon
the comments received at
the public hearing.
(C)(D) Not later than the first day of September each year,
the
director, with the advice
and assistance of
the council, shall
prepare and submit
to the governor, the
president of the senate,
and the speaker of the house of
representatives a report on the
revenues credited to and
expenditures from the environmental
education fund during the
immediately preceding fiscal year.
Sec. 3748.07. (A) Every facility that proposes to
handle
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its
handler is
required shall apply in writing to the director of health on
forms
prescribed and provided by the director for licensure or
registration. Terms and conditions of licenses and certificates
of registration may be amended in accordance with rules adopted
under section
3748.04 of the Revised Code or orders issued by the
director
pursuant to section 3748.05 of the Revised Code.
(B) Until rules are adopted under section 3748.04 of the
Revised Code,
and except as provided in section 3748.08 or the
Revised Code, an application for a certificate of
registration
shall be accompanied by a biennial registration fee of one
hundred
sixty
seventy-six dollars. On and after the effective date
of
those rules, an applicant for a license, registration certificate,
or
renewal of either shall pay the appropriate fee established in
those rules.
All fees collected under this section shall be deposited in
the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code. The fees
shall be
used solely to administer and enforce this chapter and rules
adopted
under it.
Any fee required under this section that has not been paid
within ninety
days after the invoice date shall be assessed at two
times the original
invoiced fee. Any fee that has not been paid
within one hundred eighty days
after
the invoice date shall be
assessed at five times the original invoiced
fee.
(C) The director shall grant a license or registration to
any
applicant who has paid the required fee and is in compliance
with this
chapter and
rules adopted under it.
Until rules are adopted under section 3748.04 of the
Revised
Code, certificates of registration shall be
effective for two
years from the
date of issuance. On and after the effective date
of
those rules, licenses and certificates of registration shall be
effective for
the applicable period established in those rules.
Licenses and certificates
of registration shall be renewed in
accordance with the
standard renewal procedure established in
Chapter 4745. of the
Revised Code.
Sec. 3748.08. Each time an amendment to section 124.152 of
the Revised Code is enacted that increases compensation of exempt
employees effective on or after July 1, 2002, the director of
health shall increase the fees provided in division (B) of section
3748.07 and division (B) of section 3748.13 of the Revised Code by
a percentage equal to the highest percentage increase in
compensation required by the amendment. Not later than thirty
days after the effective date of the fee increase, the department
of health shall notify each registrant of the amount of fee
increase.
Sec. 3748.13. (A) The director of health shall inspect
sources of
radiation for which licensure or registration by the
handler is
required, and the sources'
shielding and surroundings,
according to the schedule established in
rules adopted under
division (D) of section
3748.04 of the Revised Code. In
accordance with rules
adopted under that section, the director
shall inspect all
records and
operating procedures of handlers
that install sources of
radiation and all sources of
radiation for
which licensure of radioactive material or
registration of
radiation-generating equipment by the
handler is required. The
director may make other
inspections upon receiving complaints or
other evidence of violation of this
chapter or rules adopted under
it.
The director shall require any hospital
registered under
division (A) of
section 3701.07 of the Revised Code to develop and
maintain a
quality assurance program for all sources of
radiation-generating equipment.
A certified radiation expert
shall conduct oversight and maintenance of the
program and shall
file a report of audits of the program with the director on
forms
prescribed by the director. The audit reports shall become
part
of the inspection record.
(B)
As used in this division, "health care facility" means a
freestanding diagnostic imaging center or freestanding or mobile
radiation therapy center, as those terms are defined in rules
adopted under division (B) of section 3702.30 of the Revised Code.
Until rules are adopted under division (A)(8) of
section 3748.04
of the Revised Code
and except as provided in section 3748.08 of
the Revised Code, a
facility shall pay inspection fees according
to the
following schedule and categories:
|
First dental x-ray tube |
|
$ 94.00 |
|
Each
additional dental x-ray tube at
the same
a location |
|
$
47.00
71.00 |
|
First medical x-ray tube |
|
$187.00 |
|
Each
additional medical x-ray tube at
the same
a location |
|
$
94.00
187.00 |
|
Each unit of ionizing radiation-generating equipment at a health care facility, that is not capable of operating at or above 250 kilovoltage peak |
|
$210.00 |
|
Each unit of ionizing radiation-generating equipment
at a health care facility capable of
operating at or above 250 kilovoltage peak |
|
$373.00
435.00 |
|
First nonionizing radiation-generating equipment of any kind |
|
$187.00 |
|
Each
additional nonionizing radiation-generating
equipment of any kind at
the same
a location |
|
$
94.00
187.00 |
|
Assembler-maintainer inspection consisting of an inspection of records
and operating procedures of handlers that install sources of radiation |
|
$233.00
256.00 |
Until rules are adopted under division (A)(8) of section
3748.04 of the Revised Code
and except as provided in section
3748.08 of the Revised Code, the fee for an inspection to
determine whether violations
cited in a previous inspection have
been corrected is fifty per
cent of the fee applicable under the
schedule in this division.
Until those rules are adopted, the fee
for the inspection of
a facility that is not licensed or
registered
and for which no license or registration application is
pending at the time of inspection is
two
three hundred
ninety
thirty-four dollars plus the fee applicable under the
schedule in
this division.
The director may conduct a review of
shielding plans or the
adequacy of shielding on the request of a
licensee or registrant
or an applicant for licensure or
registration or during an
inspection when the director
considers a review to be necessary.
Until rules are adopted under
division (A)(8) of section 3748.04
of the Revised Code
and except as provided in section 3748.08 of
the Revised Code,
the fee for the review is
four
five hundred
sixty-six
thirty-six dollars for each
room where a source of
radiation is used and is in addition to any other fee
applicable
under the schedule in this division.
All fees shall be paid to the department of health no later
than
thirty days after the invoice for the fee is mailed. Fees
shall
be deposited in the general operations fund created in
section
3701.83 of the Revised Code. The fees shall be used
solely to administer
and enforce this chapter and rules adopted
under it.
Any fee required under this section that has not been paid
within ninety days after the invoice date shall be assessed at two
times the
original invoiced fee. Any fee that has not been paid
within one hundred
eighty days after the invoice date shall be
assessed at five times the
original invoiced fee.
(C) If the director determines that a board of
health of a
city or general health district is qualified to
conduct
inspections of radiation-generating equipment, the
director may
delegate to the board, by contract, the
authority to conduct such
inspections. In making a
determination of the qualifications of a
board of health to conduct those
inspections, the director shall
evaluate the credentials of the
individuals who are to conduct the
inspections of
radiation-generating equipment and the radiation
detection and measuring equipment available to them for that
purpose. If a contract is entered into, the board shall have the
same authority to make inspections of radiation-generating
equipment as
the director has under this chapter and rules adopted
under it. The
contract shall stipulate that only individuals
approved by the
director as qualified shall be permitted to
inspect radiation-generating
equipment under the contract's
provisions. The contract shall
provide for such compensation for
services as is agreed to by the
director and the board of health
of the contracting health
district. The director may reevaluate
the credentials of the
inspection personnel and their radiation
detecting and measuring
equipment as often as the director
considers necessary and may terminate
any contract with the board
of health of any health district
that, in the director's opinion,
is not satisfactorily
performing the terms of the contract.
(D) The director may enter at all reasonable times upon any
public
or private property to determine compliance with this
chapter and rules
adopted under it.
Sec. 3750.02. (A) There is hereby created the emergency
response commission consisting of the directors of environmental
protection and health, the
chairpersons
chairperson of the public
utilities
commission,
industrial commission,
and state
and
local
government
commission, the fire marshal, the
director of
public
safety, the
director of
job and family
services
transportation,
the director of natural resources, the
superintendent of the
highway patrol, and the attorney
general as
members ex
officio, or
their designees; notwithstanding
section
101.26 of the Revised
Code, the chairpersons of the
respective
standing
committees of
the senate
and house of
representatives
that are primarily
responsible for
considering
environmental
issues who may
participate fully in all
the
commission's
deliberations and
activities, except that they
shall
serve as
nonvoting members; and
ten members to be appointed
by the
governor
with the advice and
consent of the senate. The
appointed
members,
to the extent
practicable, shall have
technical expertise
in the
field of
emergency response. Of the
appointed members, two
shall
represent
environmental advocacy
organizations, one shall
represent the
interests of petroleum
refiners or marketers or
chemical
manufacturers, one shall
represent the interests of
another
industry subject to this
chapter, one shall represent the
interests of municipal
corporations, one shall represent the
interests of counties, one
shall represent the interests of chiefs
of fire departments, one
shall represent the interests of
professional
firefighters, one
shall represent the interests of
volunteer
firefighters, and one
shall represent the interests of
local emergency management
agencies.
An appointed member of the commission also may
serve as a
member of the local emergency planning committee of an emergency
planning district. An appointed member of the commission who is
also a member of a local emergency planning committee shall not
participate as a member of the commission in the appointment of
members of the local emergency planning committee of which the
member is
a member, in the review of the chemical emergency
response and
preparedness plan submitted by the local emergency
planning
committee of which the member is a member, in any vote to
approve a grant
to the member's district, or in any vote of the
commission
on any motion
or resolution pertaining specifically to
the member's
district or the
local emergency planning committee on
which the member
serves. A
commission member who is also a member
of a local emergency
planning committee shall not lobby or
otherwise act as an
advocate for the member's district to other
members of the
commission to
obtain from the commission anything
of value for the
member's district or
the local emergency planning
committee of which the member is
a member.
A member of the
commission who is also a member of a local
emergency planning
committee may vote on resolutions of the
commission that apply
uniformly to all local emergency planning
committees and districts
in the state and do not provide a grant
or other pecuniary benefit
to the member's district or the
committee of
which the member is a
member.
The governor shall make the initial appointments to the
commission within thirty days after December 14,
1988. Of the
initial appointments
to the
commission, five shall be for a term
of two years and five shall
be for a term of one year.
Thereafter,
terms of office of the
appointed members of the
commission shall
be for two years, with
each term ending on the
same day of the
same month as did the
term that it succeeds. Each
member shall
hold office from the
date of appointment until the
end of the term
for which
the member
was appointed. Members may
be reappointed.
Vacancies shall be
filled in the manner provided
for original
appointments. Any
member appointed to fill a vacancy
occurring
prior to the
expiration of the term for which the
member's
predecessor
was appointed
shall hold office for the
remainder of
that term. A member shall
continue in office
subsequent to the
expiration date of the
member's term
until the
member's successor
takes office or until a period
of sixty days
has elapsed,
whichever occurs first. The commission may at any
time by a vote
of two-thirds of all the members remove any
appointed member of
the commission for misfeasance, nonfeasance,
or malfeasance.
Members of the commission shall serve without
compensation, but
shall be reimbursed for the reasonable expenses
incurred by them
in the discharge of their duties as members of
the commission.
The commission shall meet at least annually and shall hold
such additional meetings as are necessary to implement and
administer this chapter. Additional meetings may be held at the
behest of either a co-chairperson or a
majority of the members.
The
commission shall, by adoption of internal management rules
under
division (B)(9) of this section, establish an executive
committee
and delegate to it the performance of such of the
commission's
duties and powers under this chapter as are required
or
authorized to be so delegated by that division. The commission
may organize itself into such additional committees as it
considers necessary or convenient to implement and administer
this
chapter. The director of environmental protection and
the
director of public safety or their designees shall
serve as
co-chairpersons of the commission and
the executive committee.
Except as otherwise provided in this chapter, a
majority of the
voting members of the commission constitutes a
quorum and the
affirmative vote of a majority of the voting
members of the
commission is necessary for any action taken by
the commission.
Meetings of the executive committee conducted
for the purpose of
determining whether to issue an enforcement
order or request that
a civil action, civil penalty action, or
criminal action be
brought to enforce this chapter or rules
adopted or orders issued
under it are not subject to section
121.22 of the Revised Code
pursuant to division (D) of that
section.
Except for the purposes of Chapters 102. and 2921. and
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving
as an appointed member of the commission does not constitute
holding a public office or position of employment under the laws
of this state and does not constitute grounds for removal of
public officers or employees from their offices or positions of
employment.
(B) The commission shall:
(1) Adopt rules in accordance with Chapter 119. of the
Revised Code that are consistent with and equivalent in scope,
content, and coverage to the
"Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001,
and
applicable regulations adopted under it:
(a) Identifying or listing extremely hazardous substances
and establishing a threshold planning quantity for each such
substance. To the extent consistent with that act and applicable
regulations adopted under it, the rules may establish threshold
planning quantities based upon classes of those substances or
categories of facilities at which such substances are present.
(b) Listing hazardous chemicals, establishing threshold
quantities for those chemicals, establishing categories of health
and physical hazards of those chemicals, establishing criteria or
procedures for identifying those chemicals and the appropriate
hazard categories of those chemicals, and establishing ranges of
quantities for those chemicals to be used in preparing emergency
and hazardous chemical inventory forms under section 3750.08 of
the Revised Code. To the extent consistent with that act and
applicable regulations adopted under it, the rules may establish
threshold quantities based upon classes of those chemicals or
categories of facilities where those chemicals are present.
To the extent consistent with that act, the threshold
quantities for purposes of the submission of lists of hazardous
chemicals under section 3750.07 and the submission of emergency
and hazardous chemical inventory forms under section 3750.08 of
the Revised Code may differ.
(c) Identifying or listing hazardous substances and
establishing reportable quantities of each of those substances
and
each extremely hazardous substance. In addition to being
consistent with and equivalent in scope, content, and coverage to
that act and applicable regulations adopted under it, the rules
shall be consistent with and equivalent in scope, content, and
coverage to regulations identifying or listing hazardous
substances and reportable quantities of those substances adopted
under the
"Comprehensive Environmental Response, Compensation,
and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended.
(d) Prescribing the information to be included in the
lists
of hazardous chemicals required to be submitted under
section
3750.07 of the Revised Code;
(e) Prescribing the information to be included in the
emergency and hazardous chemical inventory forms required to be
submitted under section 3750.08 of the Revised Code. If the
commission establishes its own emergency and hazardous chemical
inventory form, the rules shall authorize owners and operators of
facilities who also have one or more facilities located outside
the state for which they are required to submit inventory forms
under the federal act and regulations adopted under it to submit
their annual inventories on forms prescribed by the administrator
of the United States environmental protection agency under that
act instead of on forms prescribed by the commission and shall
require those owners or operators to submit any additional
information required by the commission's inventory form on an
attachment to the federal form.
(f) Establishing procedures for giving verbal notice of
releases under section 3750.06 of the Revised Code and
prescribing
the information to be provided in such a notice and
in the
follow-up written notice required by that section;
(g) Establishing standards for determining valid needs for
the release of tier II information under division (B)(4) of
section 3750.10 of the Revised Code;
(h) Identifying the types or categories of information
submitted or obtained under this chapter and rules adopted under
it that constitute confidential business information;
(i) Establishing criteria and procedures to protect trade
secret and confidential business information from unauthorized
disclosure;
(j) Establishing other requirements or authorizations that
the commission considers necessary or appropriate to implement,
administer, and enforce this chapter.
(2) Adopt rules in accordance with Chapter 119. of the
Revised Code to implement and administer this chapter that may be
more stringent than the
"Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001,
and
regulations adopted under it. Rules adopted under
division (B)(2)
of this section shall not be inconsistent with
that act or the
regulations adopted under it. The rules shall:
(a) Prescribe the information to be included in the
chemical
emergency response and preparedness plans prepared and
submitted
by local emergency planning committees under section
3750.04 of
the Revised Code;
(b) Establish criteria and procedures for reviewing the
chemical emergency response and preparedness plans of local
emergency planning committees required by section 3750.04 of the
Revised Code and the annual exercise of those plans and for
providing concurrence or requesting modifications in the plans
and
the exercise of those plans. The criteria shall include,
without
limitation, the requirement that each exercise of a
committee's
plan involve, in addition to local emergency response
and medical
personnel, either a facility that is subject to the
plan or a
transporter of materials that are identified or listed
as
hazardous materials by regulations adopted under the
"Hazardous
Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A.
1801, as amended.
(c) Establish policies and procedures for maintaining
information submitted to the commission and local emergency
planning committees under this chapter, and for receiving and
fulfilling requests from the public for access to review and to
obtain copies of that information. The criteria and procedures
shall include the following requirements and authorizations
regarding that information and access to it:
(i) Information that is protected as trade secret
information or confidential business information under this
chapter and rules adopted under it shall be kept in files that
are
separate from those containing information that is not so
protected.
(ii) The original copies of information submitted to the
commission or committee shall not be removed from the custody and
control of the commission or committee.
(iii) A person who, either in person or by mail, requests
to
obtain a copy of a material safety data sheet submitted under
this
chapter by a facility owner or operator shall submit a
separate
application for each facility for which a material
safety data
sheet is being requested.
(iv) A person who requests to receive by mail a copy of
information submitted under this chapter by a facility owner or
operator shall submit a separate application for each facility
for
which information is being requested and shall specify both
the
facility for which information is being requested and the
particular types of documents requested.
(v) Only employees of the commission or committee shall
copy
information in the files of the commission or committee.
(vi) The commission or committee may require any person
who
requests to review or obtain a copy of information in its
files to
schedule an appointment for that purpose with the
information
coordinator of the commission or committee at least
twenty-four
hours before arriving at the office of the commission
or committee
for the review or copy.
(vii) Any person who seeks access to information in the
files of the commission or a local emergency planning committee
shall submit a written application, either in person or by mail,
to the information coordinator on a form provided by the
commission or committee. The person also shall provide the
person's name
and current mailing address on the application and
may be
requested by the commission or committee to provide basic
demographic information on the form to assist in the evaluation
of
the information access provisions of this chapter and rules
adopted under it. Application forms may be obtained by mail or
in
person or by request by telephone at the office of the
commission
or committee during regular business hours. Upon
receipt of a
request for an application by telephone or mail, the
information
coordinator shall promptly mail an application to the
person who
requested it.
(viii) The application form shall provide the applicant
with
a means of indicating that the applicant's name and
address are to
be
kept confidential. If the applicant so indicates, that
information is not a public record under section 149.43 of the
Revised Code and shall not be disclosed to any person who is not
a
member or employee of the commission or committee or an
employee
of the environmental protection agency. When a name and
address
are to be kept confidential, they also shall be deleted
from the
copy of the application required to be placed in the
file of the
facility under division (B)(2)(c)(xii) of this
section and shall
be withheld from any log of information
requests kept by the
commission or committee pursuant to that
division.
(ix) Neither the commission nor a local emergency planning
committee shall charge any fee for access to review information
in
its files when no copies or computer searches of that
information
are requested.
(x) An applicant shall be informed of the cost of copying,
mailing, or conducting a computer search of information on file
with the commission or committee before such a copy or search is
made, and the commission or committee shall collect the
appropriate fees as established under section 3750.13 of the
Revised Code. Each applicant shall acknowledge on the
application
form that the applicant is aware
that the applicant will be
charged for copies
and computer searches of that information the
applicant
requests and for the
costs of mailing copies of the
information to the applicant.
(xi) The commission or committee may require a person
requesting copies of information on file with it to take delivery
of them in the office of the commission or committee whenever it
considers the volume of the information to be large enough to
make
mailing or delivery by a parcel or package delivery service
impractical.
(xii) When the commission or committee receives a request
for access to review or obtain copies of information in its
files,
it shall not routinely notify the owner or operator of the
facility involved, but instead shall either keep a log or file of
requests for the information or shall place a copy of each
completed application form in the file for the facility to which
the application pertains. Such a log or file shall be available
for review by the public and by the owners and operators of
facilities required to submit information to the commission or
committee under this chapter and rules adopted under it.
(d) Require that claims for the protection, as a trade
secret, of information obtained under this chapter regarding
extremely hazardous substances identified or listed in rules
adopted under division (B)(1)(a) of this section and hazardous
chemicals identified or listed in rules adopted under division
(B)(1)(b) of this section be submitted to the administrator of
the
United States environmental protection agency for
determination
under section 322 of the the
"Emergency Planning and
Community
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A.
11042, and
regulations adopted under that section;
(e) Establish criteria and procedures for the issuance of
variances under divisions (B) and (C) of section 3750.11 of the
Revised Code. The rules shall require that, before approval of
an
application for a variance, the commission or committee find
by a
preponderance of the scientific evidence based upon
generally
accepted scientific principles or laboratory tests that
the
extremely hazardous substances, hazardous chemicals, or
hazardous
substances that would be subject to the reporting
requirement pose
a substantial risk of catastrophic injury to
public health or
safety or to the environment, or pose an
extraordinary risk of
injury to emergency management personnel
responding to a release
of the chemicals or substances, when the
substances or chemicals
are present at a facility in an amount
equal to or exceeding the
quantity for which reporting would be
required under the reporting
requirement for which the variance
is sought. The rules shall
also require that before approval of
an application for a
variance, the commission or committee find by
a preponderance of
the evidence that the development and
implementation of a local
emergency response plan for releases of
the substances or
chemicals covered by the reporting requirement
will reduce the
risk of catastrophic injury to public health or
safety or to the
environment, or will reduce the extraordinary
risk of injury to
responding emergency management personnel, in
the event of a
release of the substances or chemicals and find by
a preponderance
of the evidence that the reporting requirement is
necessary for
the development of such a local emergency response
plan. The
rules shall require that when determining whether the
substances
or chemicals that would be subject to the reporting
requirement
pose a substantial risk of catastrophic injury to
public health or
safety or to the environment, or pose an
extraordinary risk of
injury to emergency management personnel
responding to a release
of the substance or chemical, the
commission or committee consider
all of the following factors:
(i) The specific characteristics and degree and nature of
the hazards posed by a release of the extremely hazardous
substances, hazardous chemicals, or hazardous substances;
(ii) The proximity of the facilities that would be subject
to the reporting requirement to residential areas, to areas where
significantly large numbers of people are employed or otherwise
congregate, and to environmental resources that are subject to
injury;
(iii) The quantities of the extremely hazardous
substances,
hazardous chemicals, or hazardous substances that are
routinely
present at facilities that would be subject to the
reporting
requirement;
(iv) The frequency with which the extremely hazardous
substances, hazardous chemicals, or hazardous substances are
present at the facilities that would be subject to the reporting
requirement in quantities for which reporting would be required
thereunder.
(f) Establish criteria and procedures for the issuance of
orders under division (D) of section 3750.11 of the Revised Code
requiring the placement of emergency response lock box units.
The
rules shall require that before approval of an application
for
issuance of such an order, the commission or committee find by
a
preponderance of the scientific evidence based upon generally
accepted scientific principles or laboratory tests that the
presence of the extremely hazardous substances, hazardous
chemicals, or hazardous substances in the quantities in which
they
are routinely or intermittently present at the facility for
which
the order is sought pose a substantial risk of catastrophic
injury
to public health or safety or to the environment, or pose
an
extraordinary risk of injury to responding emergency
management
personnel, in the event of a release of any of those
substances or
chemicals from the facility. The rules shall
require that before
approval of an application for issuance of
such an order, the
commission or committee also find by a
preponderance of the
evidence that the placement of an emergency
response lock box unit
at the facility is necessary to protect
against the substantial
risk of catastrophic injury to public
health or safety or the
environment, or to protect against an
extraordinary risk of injury
to responding emergency management
personnel, in the event of a
release of any of the extremely
hazardous substances, hazardous
chemicals, or hazardous
substances routinely or intermittently
present at the facility.
The rules shall require that when
determining whether the
extremely hazardous substances, hazardous
chemicals, or hazardous
substances present at the facility pose a
substantial risk of
catastrophic injury to public health or safety
or to the
environment, or pose an extraordinary risk of injury to
responding emergency management personnel, in the event of a
release of any of those substances or chemicals from the facility,
the commission or committee consider all of the following
factors:
(i) The specific characteristics and the degree and nature
of the hazards posed by a release of the extremely hazardous
substances, hazardous chemicals, or hazardous substances present
at the facility;
(ii) The proximity of the facility to residential areas,
to
areas where significantly large numbers of people are employed
or
otherwise congregate, and to environmental resources that are
subject to injury;
(iii) The quantities of the extremely hazardous
substances,
hazardous chemicals, or hazardous substances that are
routinely
present at the facility;
(iv) The frequency with which the extremely hazardous
substances, hazardous chemicals, or hazardous substances are
present at the facility.
(g) Establish procedures to be followed by the commission
and the executive committee of the commission for the issuance of
orders under this chapter.
(3) In accordance with Chapter 119. of the Revised Code
adopt rules establishing reportable quantities for releases of
oil
that are consistent with and equivalent in scope, content,
and
coverage to section 311 of the
"Federal Water Pollution
Control
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321,
as
amended, and applicable regulations adopted under it;
(4) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing criteria and procedures for identifying
or listing extremely hazardous substances in addition to those
identified or listed in rules adopted under division (B)(1)(a) of
this section and for establishing threshold planning quantities
and reportable quantities for the added extremely hazardous
substances; for identifying or listing hazardous chemicals in
addition to those identified or listed in rules adopted under
division (B)(1)(b) of this section and for establishing threshold
quantities and categories of health and physical hazards for the
added hazardous chemicals; and for identifying or listing
hazardous substances in addition to those identified or listed in
rules adopted under division (B)(1)(c) of this section and for
establishing
reportable quantities for the added hazardous
substances. The
criteria for identifying or listing additional
extremely
hazardous substances and establishing threshold planning
quantities and reportable quantities therefor and for identifying
or listing additional hazardous chemicals and establishing
threshold quantities and categories of health and physical
hazards
for the added hazardous chemicals shall be consistent
with and
equivalent to applicable criteria therefor under the
"Emergency
Planning and Community Right-To-Know Act of 1986," 100
Stat. 1729,
42 U.S.C.A. 11001, and regulations adopted under it.
The criteria
for identifying additional hazardous substances and
for
establishing reportable quantities of the added hazardous
substances shall be consistent with and equivalent to the
applicable criteria for identifying or listing hazardous
substances and establishing reportable quantities therefor under
the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, and regulations adopted under it.
The rules shall
require that, before identifying or listing
any such additional
extremely hazardous substance, hazardous
chemical, or hazardous
substance and establishing a threshold
planning quantity,
threshold quantity, or reportable quantity
therefor, the
commission find by a preponderance of the scientific
evidence
based on generally accepted scientific principles or
laboratory
tests that the substance or chemical poses a
substantial risk of
catastrophic injury to public health or safety
or to the
environment, or poses an extraordinary risk of injury to
emergency management personnel responding to a release of the
chemical or substance, when the chemical or substance is present
at a facility in an amount equal to the proposed threshold
planning quantity or threshold quantity or, in the instance of a
proposed additional extremely hazardous substance or hazardous
substance, poses a substantial risk of catastrophic injury to
public health or safety or to the environment if a release of the
proposed reportable quantity of the substance occurs. The rules
shall further require that, before so identifying or listing a
substance or chemical, the commission find by a preponderance of
the evidence that the development and implementation of state or
local emergency response plans for releases of the substance or
chemical will reduce the risk of a catastrophic injury to public
health or safety or to the environment, or will reduce the
extraordinary risk of injury to responding emergency response
personnel, in the event of a release of the substance or chemical
and find by a preponderance of the evidence that the
identification or listing of the substance or chemical is
necessary for the development of state or local emergency
response
plans for releases of the substance or chemical. The
rules shall
require that the commission consider the toxicity of
the substance
or chemical in terms of both the short-term and
long-term health
effects resulting from exposure to it and its
reactivity,
volatility, dispersibility, combustibility, and
flammability when
determining the risks posed by a release of the
substance or
chemical and, as appropriate, when establishing a
threshold
planning quantity, threshold quantity, reportable
quantity, or
category of health or physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing criteria and procedures for receiving
and deciding claims for protection of information as a trade
secret that are applicable only to extremely hazardous substances
and hazardous chemicals identified or listed in rules adopted
under division (C)(5) of this section. The rules shall be
equivalent in scope, content, and coverage to section 322 of the
"Emergency Planning and Community Right-To-Know Act of 1986," 100
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it.
(6)(a) After consultation with the fire marshal, adopt
rules
in accordance with Chapter 119. of the Revised Code
establishing
standards for the construction, placement, and use
of emergency
response lock box units at facilities that are
subject to this
chapter. The rules shall establish all of the
following:
(i) Specific standards of construction for lock box units;
(ii) The specific types of information that shall be
placed
in the lock box units required to be placed at a facility
by an
order issued under division (D) of section 3750.11 of the
Revised
Code, which shall include the location of on-site
emergency
fire-fighting and spill cleanup equipment; a diagram of
the public
and private water supply and sewage systems serving
the facility
that are known to the owner or operator of the
facility; a copy of
the emergency and hazardous chemical
inventory form for the
facility most recently required to be
submitted under section
3750.08 of the Revised Code from which
the owner or operator may
withhold information claimed or
determined to be trade secret
information pursuant to rules
adopted under division (B)(2)(d) of
this section, or pursuant to
division (B)(14) of this section and
rules adopted under division
(B)(5) of this section, and
confidential business information
identified in rules adopted
under division (B)(1)(h) of this
section; a copy of the local fire
department's and facility's
emergency management plans for the
facility, if any; a current
list of the names, positions,
addresses, and telephone numbers of
all key facility personnel
knowledgeable in facility safety
procedures and the locations at
the facility where extremely
hazardous substances, hazardous
chemicals, and hazardous
substances are produced, used, or stored.
The rules shall
stipulate that, in the instance of lock box units
placed
voluntarily at facilities by the owners or operators of the
facilities, such information shall be maintained in them as is
prescribed by agreement by the owner or operator and the fire
department having jurisdiction over the facility.
(iii) The conditions that shall be met in order to provide
safe and expedient access to a lock box unit during a release or
threatened release of an extremely hazardous substance, hazardous
chemical, or hazardous substance.
(b) Unless the owner or operator of a facility is issued
an
order under division (D) of section 3750.11 of the Revised
Code
requiring the owner or operator to place a lock box
unit at the
facility, the owner or operator
may place a lock box unit at the
facility at the owner's or
operator's discretion. If
the owner or
operator chooses to place a lock box unit at the
facility, the
responsibility to deposit information in the lock box unit is in
addition to any other obligations established in this chapter.
(c) Any costs associated with the purchase, construction,
or
placement of a lock box unit shall be paid by the owner or
operator of the facility.
(7) In accordance with Chapter 119. of the Revised Code,
adopt rules governing the application for and awarding of grants
under division (C) of section 3750.14 and division (B) of section
3750.15 of the Revised Code;
(8) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing reasonable maximum fees that may be
charged by the commission and local emergency planning committees
for copying information in the commission's or committee's files
to fulfill requests from the public for that information;
(9) Adopt internal management rules governing the
operations
of the commission. The internal management rules
shall establish
an executive committee of the commission
consisting of the
director of environmental protection or the
director's
designee,
the director of public safety or the director's
designee, the
attorney general or the attorney general's designee, one of
the
appointed members of the commission representing industries
subject to this chapter to be appointed by the commission, one of
the appointed members of the commission representing the
interests
of environmental advocacy organizations to be appointed
by the
commission, and one other appointed member or member ex
officio of
the commission to be appointed by the commission. The
executive
committee has exclusive authority to issue enforcement
orders
under section 3750.18 of the Revised Code and to request
the
attorney general to bring a civil action, civil penalty
action, or
criminal action under section 3750.20 of the Revised
Code in the
name of the commission regarding violations of this
chapter, rules
adopted under it, or orders issued under it. The
internal
management rules may set forth the other specific powers
and
duties of the commission that the executive committee may
exercise
and carry out and the conditions under which the
executive
committee may do so. The internal management rules
shall not
authorize the executive committee to issue variances
under
division (B) or (C) of section 3750.11 of the Revised Code
or
orders under division (D) of that section.
(10) Oversee and coordinate the implementation and
enforcement of this chapter and make such recommendations to the
director of environmental protection and the director
of public
safety as it considers necessary or
appropriate to improve the
implementation and enforcement of this
chapter;
(11) Make allocations of moneys under division (B) of
section 3750.14 of the Revised Code and make grants under
division
(C) of section 3750.14 and division (B) of section
3750.15 of the
Revised Code;
(12) Designate an officer of the environmental protection
agency to serve as the commission's information coordinator under
this chapter;
(13) Not later than December 14, 1989,
develop and
distribute a state
emergency response plan that defines the
emergency response roles
and responsibilities of the state
agencies that are represented
on the commission and that provides
appropriate coordination with
the national contingency plan and
the regional contingency plan
required by section 105 of the
"Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980," 94 Stat.
2767, 42 U.S.C.A. 9601, as amended. The
plan shall ensure a
well-coordinated response by state agencies
that may be involved
in assisting local emergency responders
during a major release of
oil or a major sudden and accidental
release of a hazardous
substance or extremely hazardous substance.
The plan may
incorporate existing state emergency response plans
by reference.
At least annually, the commission and the state
agencies that are
represented on it shall jointly exercise the
state plan in
conjunction with the exercise of a local emergency
response plan
by a local emergency planning committee under
section 3750.04 of
the Revised Code. After any such exercise, the
commission shall
review the state plan and make such revisions in
it as the
commission considers necessary or appropriate.
(14) Receive and decide claims for the protection of
information as a trade secret that pertain only to extremely
hazardous substances and hazardous chemicals identified or listed
by rules adopted under division (C)(5) of this section. If the
commission determines that the claim meets the criteria
established in rules adopted under division (B)(5) of this
section, it shall issue an order to that effect in accordance
with
section 3750.18 of the Revised Code. If the commission
determines
that the claim does not meet the criteria established
in those
rules, it shall issue an order to that effect in
accordance with
section 3750.18 of the Revised Code.
(15) Annually compile, make available to the public, and
submit to the president of the senate and the speaker of the
house
of representatives a summary report on the number of
facilities
estimated to be subject to regulation under sections
3750.05,
3750.07, and 3750.08 of the Revised Code, the number of
facilities
reporting to the commission, an estimate of the
percentage of
facilities in compliance with those sections, and
recommendations
regarding the types of activities the commission
considers
necessary to improve such compliance. The commission
shall base
its estimate of the number of facilities that are
subject to
regulation under those sections on the current
estimates provided
by the local emergency planning committees
under division (D)(6)
of section 3750.03 of the Revised Code.
(1) Procure by contract the temporary or intermittent
services of experts or consultants when those services are to be
performed on a part-time or fee-for-service basis and do not
involve the performance of administrative duties;
(2) Enter into contracts or agreements with political
subdivisions or emergency planning districts for the purposes of
this chapter;
(3) Accept on behalf of the state any gift, grant, or
contribution from any governmental or private source for the
purposes of this chapter;
(4) Enter into contracts, agreements, or memoranda of
understanding with any state department, agency, board,
commission, or institution to obtain the services of personnel
thereof or utilize resources thereof for the purposes of this
chapter. Employees of a state department, agency, board,
commission, or institution providing services to the commission
under any such contract, agreement, or memorandum shall perform
only those functions and provide only the services provided for
in
the contract, agreement, or memorandum.
(5) Identify or list extremely hazardous substances in
addition to those identified or listed in rules adopted under
division (B)(1)(a) of this section and establish threshold
planning quantities and reportable quantities for the additional
extremely hazardous substances, identify or list hazardous
chemicals in addition to those identified or listed in rules
adopted under division (B)(1)(b) of this section and establish
threshold quantities and categories or health and physical
hazards
for the added chemicals, and identify or list hazardous
substances
in addition to those identified or listed in rules
adopted under
division (B)(1)(c) of this section and establish
reportable
quantities for the added hazardous substances. The
commission may
establish threshold planning quantities for the
additional
extremely hazardous substances based upon classes of
those
substances or categories of facilities at which they are
present
and may establish threshold quantities for the additional
hazardous chemicals based upon classes of those chemicals or
categories of facilities where they are present. The commission
shall identify or list such additional substances or chemicals
and
establish threshold planning quantities, threshold
quantities,
reportable quantities, and hazard categories therefor
in
accordance with the criteria and procedures established in
rules
adopted under division (B)(4) of this section and, after
compliance with those criteria and procedures, by the adoption of
rules in accordance with Chapter 119. of the Revised Code. The
commission shall not adopt rules under division (C)(5) of this
section modifying any threshold planning quantity established in
rules adopted under division (B)(1)(a) of this section, any
threshold quantity established in rules adopted under division
(B)(1)(b) of this section, or any reportable quantity
established
in rules adopted under division (B)(1)(c) of this
section.
If, after the commission has adopted rules under
division
(C)(5) of this section identifying or listing an
extremely
hazardous substance,
hazardous chemical, or hazardous substance,
the administrator of
the United States environmental protection
agency identifies or
lists the substance or chemical as an
extremely hazardous
substance or hazardous chemical under the
"Emergency Planning and
Community Right-To-Know Act of 1986," 100
Stat. 1729, 42 U.S.C.A.
11001, or identifies or lists a substance
as a hazardous
substance under the
"Comprehensive Environmental
Response,
Compensation, and Liability Act of 1980," 94 Stat. 2779,
42
U.S.C.A. 9602, as amended, the commission shall rescind its
rules
adopted under division (C)(5) of this section
pertaining to
the substance or
chemical and adopt the appropriate rules under
division
(B)(1)(a), (b), or (c) of this section.
(6) From time to time, request the director of
environmental
protection and the executive director of
the
emergency management
agency to review implementation,
administration, and enforcement
of the chemical emergency
response planning and reporting programs
created by this chapter
and rules adopted under it regarding their
effectiveness in
preparing for response to releases of extremely
hazardous
substances, hazardous chemicals, and hazardous
substances. After
completion of any such review, the director of
environmental
protection and the director of public safety
shall
report their
findings to the commission. Upon receipt of their
findings, the commission may make such recommendations for
legislative and administrative action as the commission finds
necessary or appropriate to promote achievement of the purposes
of
this chapter.
(D) Except as provided in section 3750.06 of the Revised
Code, nothing in this chapter applies to the transportation,
including the storage incident to transportation, of any
substance
or chemical subject to the requirements of this
chapter, including
the transportation and distribution of natural
gas.
(E) This chapter authorizes the state, through the
emergency
response commission, the department of public
safety, and the
environmental protection
agency, to establish and maintain
chemical emergency response
planning and preparedness, community
right-to-know, and hazardous
substance and extremely hazardous
substance release reporting
programs that are consistent with and
equivalent in scope,
coverage, and content to the
"Emergency
Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729,
42 U.S.C.A.
11001,
and regulations adopted under it, except as
otherwise
specifically required or authorized in this chapter.
The
commission, department, and
agencies may do all things
necessary,
incidental, or
appropriate to implement, administer,
and enforce
this chapter
and to perform the duties and exercise
the powers of
the state
emergency response commission under that
act and
regulations
adopted under it and under this chapter.
Sec. 3750.081. (A) Notwithstanding any provision in this
chapter to the contrary, an owner or operator of a facility that
is regulated under Chapter 1509. of the Revised Code who has filed
a log in accordance with section 1509.10 of the Revised Code and a
production statement in accordance with section 1509.11 of the
Revised Code shall be deemed to have satisfied all of the
inventory, notification, listing, and other submission and filing
requirements established under this chapter, except for the
release reporting requirements established under section 3750.06
of the Revised Code.
(B) The emergency response commission and every local
emergency planning committee and fire department in this state
shall establish a means by which to access, view, and retrieve
information, through the use of the internet or a computer disk,
from the electronic database maintained by the division of mineral
resources management in the department of natural resources in
accordance with section 1509.23 of the Revised Code. With respect
to facilities regulated under Chapter 1509. of the Revised Code,
the database shall be the means of providing and receiving the
information described in division (A) of this section.
Sec. 3750.13. (A)(1) Except as provided in division
(A)(3)
or (4) of this section, the owner or operator of a
facility
required to annually file an emergency and hazardous
chemical
inventory form under section 3750.08 of the Revised Code
shall
submit with the inventory form a filing fee of one hundred
fifty
dollars. In addition to the filing fee, the owner or operator
shall submit with the inventory form the following additional
fees
for reporting inventories of the individual hazardous
chemicals
and extremely hazardous substances produced, used, or
stored at
the facility:
(a) Except as provided in division (A)(1)(b) of this
section, an additional fee of
ten
twenty dollars per hazardous
chemical
enumerated on the inventory form
in excess of five;
(b) An additional fee of
one hundred fifty dollars per
extremely
hazardous substance enumerated on the inventory form.
The fee
established in division (A)(1)(a) of this section does not
apply
to the reporting of the inventory of a hazardous chemical
that is
also an extremely hazardous substance to which the
inventory
reporting fee established in division (A)(1)(b) of this
section
applies.
The total fees required to accompany any inventory form shall
not exceed
twenty-five hundred dollars.
(2) An owner or operator of a facility who fails to submit
such an inventory form within thirty days after the applicable
filing date prescribed in section 3750.08 of the Revised Code
shall submit with the inventory form a late filing fee
in the
amount of
fifteen
ten per cent
per year of the total fees due
under division (A)(1) or (4) of
this section, in addition to the
fees due under division (A)(1)
or (4) of this section.
The late
filing fee shall be compounded
every three months until the total
fees due under division (A)(1)
or (4) of this section are
submitted to the emergency response
commission.
(3) The owner or operator of a facility who, during the
preceding year, was required to pay a fee to a municipal
corporation pursuant to an ordinance, rule, or requirement that
was in effect on the effective date of this section for the
reporting or providing of the names or amounts of extremely
hazardous substances or hazardous chemicals produced, used, or
stored at the facility may claim a credit against the fees due
under division (A)(1) or (4) of this section for the fees paid to
the municipal corporation pursuant to its reporting requirement.
The amount of the credit claimed in any reporting year shall not
exceed the amount of the fees due under division (A)(1) or (4) of
this section during that reporting year, and no unused portion of
the credit shall be carried over to subsequent years. In order
to
claim a credit under this division, the owner or operator
shall
submit with the emergency and hazardous chemical inventory
form a
receipt issued by the municipal corporation or other
documentation
acceptable to the commission indicating the amount
of the fee paid
to the municipal corporation and the date on
which the fee was
paid.
(4) An owner or operator who
is regulated under Chapter
1509. of the Revised Code and who submits
inventory forms
information under section 1509.11 of the Revised Code for
not more
than
thirty-five
twenty-five facilities
that meet all of the
following conditions shall submit
with the forms
to the emergency
response commission on or before the first day of March a flat fee
of
twenty-five
fifty dollars
if the facilities meet all of the
following conditions:
(a) The facility exclusively stores crude oil or liquid
hydrocarbons or other fluids resulting, obtained, or produced in
connection with the production or storage of crude oil or natural
gas.
(b) The crude oil, liquid hydrocarbons, or other fluids
stored at the facility are conveyed directly to it through piping
or tubing.
(c) The facility is located on the same site as, or on a
site adjacent to, the well from which the crude oil, liquid
hydrocarbons, or other fluids are produced or obtained.
(d) The facility is used for the storage of the crude oil,
liquid hydrocarbons, or other fluids prior to their
transportation
off the premises of the facility for sale, use, or
disposal.
An owner or operator who submits
inventory forms
information
for more
than
thirty-five
twenty-five facilities that meet all of
the conditions
prescribed in divisions (A)(4)(a) to (d) of this
section shall
submit to the commission a base fee of
twenty-five
fifty dollars
in
addition to a
and an additional filing fee of ten
dollars for each facility
reported in excess of
thirty-five
twenty-five, but not exceeding a total fee
of
seven
nine hundred
dollars. An owner or operator of such
facilities shall submit the
forms for all such facilities owned
or operated by him in this
state to the
commission at the same
time together with the
applicable fee under division (A)(4) of
this section.
As used in division (A)(4) of this section, "owner or
operator" means the person who actually owns or operates any such
facility and any other person who controls, is controlled by, or
is under common control with the person who actually owns or
operates the facility.
(B) The emergency response commission and the local
emergency planning committee of an emergency planning district
may
establish fees to be paid by persons, other than public
officers
or employees, obtaining copies of documents or
information
submitted to the commission or a committee under this
chapter.
The
fees shall be established at a level calculated to
defray the
costs to the commission or committee for copying the
documents or
information, but shall not exceed the maximum fees
established in
rules adopted under division (B)(8) of section
3750.02 of the
Revised Code.
(C) Except as provided in this division and division (B)
of
this section, and except for fees authorized by section
3737.22 of
the Revised Code or rules adopted under sections
3737.82 to
3737.882 of the Revised Code and collected exclusively
for either
of those purposes, no committee or political
subdivision shall
levy any fee, tax, excise, or other charge to
carry out the
purposes of this chapter. A committee may charge
the actual costs
involved in accessing any computerized data base
established by
the commission under this chapter or by the United
States
environmental protection agency under the "Emergency
Planning and
Community Right-To-Know Act of 1986," 100 Stat.
1729, 42 U.S.C.A.
11001.
(D) Moneys collected by the commission under this section
shall be credited to the emergency planning and community
right-to-know fund created in section 3750.14 of the Revised
Code.
Sec. 3769.08. (A) Any person holding a permit to conduct
a
horse-racing meeting may provide a place in the race meeting
grounds or enclosure at which the permit holder may conduct and
supervise the pari-mutuel system of wagering by patrons of legal
age on the live racing programs and simulcast racing
programs
conducted by
such
the permit holder.
Such
The pari-mutuel method of wagering upon the live racing
programs and simulcast racing programs
held at or conducted within
such race track, and at the time of such
horse-racing meeting, or
at other times authorized by the state
racing commission, shall
not be unlawful. No other place,
except that provided and
designated by the permit holder and except as
provided in section
3769.26 of the Revised Code, nor any
other method or system of
betting or wagering, except the
pari-mutuel system, shall be used
or permitted by the permit
holder; nor, except as provided in
section 3769.089 or 3769.26 of the
Revised Code, shall the
pari-mutuel system of wagering be
conducted by the permit holder
on any races except the races at
the race track, grounds, or
enclosure for which the person holds
a permit. Each permit holder
may retain as
a commission an amount
not to exceed eighteen per
cent of the total of all moneys
wagered.
The pari-mutuel wagering authorized by this section is
subject to sections
3769.25 to
3769.27
3769.28 of the Revised
Code.
(B) At the close of each racing day, each permit holder
authorized to conduct thoroughbred racing, out of the amount
retained on that day by the permit holder, shall pay by check,
draft, or money order to the tax commissioner, as a tax, a sum
equal to the following percentages of the total of all moneys
wagered on live racing programs on that day and shall separately
compute and pay by check, draft, or money order to the tax
commissioner, as a
tax, a sum equal to the following percentages
of the total of all money
wagered on simulcast racing programs on
that day:
(1) One per cent of the first two hundred thousand dollars
wagered, or any part
thereof
of that amount;
(2) Two per cent of the next one hundred thousand dollars
wagered, or any part
thereof
of that amount;
(3) Three per cent of the next one hundred thousand
dollars
wagered, or any part
thereof
of that amount;
(4) Four per cent of all sums over four hundred thousand
dollars wagered.
Except as otherwise provided in section 3769.089 of the
Revised Code, each
permit holder authorized to conduct
thoroughbred
racing shall use for purse money a sum equal to fifty
per cent of
the pari-mutuel revenues retained by the permit holder
as a
commission after payment of the state tax. This fifty per
cent
payment shall be in addition to the purse distribution from
breakage specified in this section.
Subject to division
(M) of this section, from the moneys paid
to the tax
commissioner by
thoroughbred-racing
thoroughbred racing
permit holders, one-half
of one per cent of
the total of all
moneys so wagered on a racing day shall be paid
into the Ohio
fairs fund created by section 3769.082 of the
Revised Code, one
and one-eighth per cent of the total of all
moneys so
wagered
on a
racing day shall be paid into the Ohio thoroughbred race
fund
created by section 3769.083 of the Revised Code, and one-quarter
of one
per cent of the total of all
moneys wagered on a racing day
by each permit holder shall be
paid into the state racing
commission operating fund created by
section 3769.03 of the
Revised Code. The required payment to the state
racing commission
operating fund does not apply to county and
independent fairs and
agricultural societies. The
remaining moneys may be retained by
the permit holder, except as
provided in this section with respect
to the odd cents
redistribution. Amounts paid into the PASSPORT
fund shall be used
solely for
the support of the PASSPORT program
as determined in appropriations
made by
the general assembly. If
the PASSPORT program is abolished, the
amount that
would have been
paid to the PASSPORT fund under this chapter shall be
paid to
the
general revenue fund of the state. As used in this chapter,
"PASSPORT
program" means the PASSPORT program created under
section 173.40 of
the Revised Code.
During calendar year 1994, the
The total amount paid to the
Ohio
thoroughbred race
fund under this section and section
3769.087 of the Revised Code
shall not
exceed by more than six per
cent the total amount paid to this fund under this
section and
that section during calendar year 1990. During each calendar year
after calendar year 1994, the total amount paid to this fund under
this
section and that section shall not exceed by more than six
per cent the
total
amount paid to this fund under this section and
that section
during the
immediately preceding calendar year.
Each year, the total amount calculated for payment into the
Ohio fairs
fund
under this division, division (C) of this section,
and section 3769.087 of the
Revised Code shall be an amount
calculated using the percentages specified in
this division,
division (C) of this section, and section 3769.087 of the
Revised
Code.
Until January 1, 1996, the total amount actually paid into
the
Ohio fairs fund under this division, division (C) of this
section, and section
3769.087 of the Revised Code during each
calendar year shall not exceed the
total amount that was actually
paid into that fund under this division,
division (C) of this
section, and section 3769.087 of the Revised Code during
calendar
year 1990, plus five hundred thousand dollars. Beginning on
January
1, 1996, and continuing through December 31, 1998, the
total amount actually
paid into the Ohio fairs fund during each
calendar year under this division,
division (C) of this section,
and section 3769.087 of the Revised Code shall
not exceed by more
than five per cent an amount equal to the total amount
actually
paid into the Ohio fairs fund during the immediately preceding
calendar year.
A permit holder may contract with a thoroughbred horsemen's
organization for the organization to act as a representative of
all thoroughbred owners and trainers participating in a
horse-racing meeting conducted by the permit holder. A
"thoroughbred horsemen's organization" is any corporation or
association that represents, through membership or
otherwise,
more
than one-half of the aggregate of all thoroughbred owners
and
trainers who were licensed and actively participated in
racing
within this state during the preceding calendar year.
Except as
otherwise provided in this paragraph, any moneys
received by a
thoroughbred horsemen's organization shall be used
exclusively for
the benefit of thoroughbred owners and trainers
racing in this
state through the administrative purposes of the
organization,
benevolent activities on behalf of the horsemen,
promotion of the
horsemen's rights and interests, and promotion
of equine research.
A thoroughbred horsemen's organization may
expend not more than an
aggregate of five per cent of its annual
gross receipts, or a
larger amount as approved by the
organization, for dues,
assessments, and other payments to all
other local, national, or
international organizations having as
their primary purposes the
promotion of thoroughbred horse
racing, thoroughbred horsemen's
rights, and equine research.
(C) Except as otherwise provided in division (B) of this
section, at the
close of each racing day, each permit holder
authorized to conduct harness or quarter horse racing, out of the
amount retained that day by the permit holder, shall pay by
check,
draft, or money order to the tax commissioner, as a tax, a
sum
equal to the following percentages of the total of all moneys
wagered on
live racing programs and shall separately compute and
pay by check, draft, or
money order to the tax commissioner, as a
tax, a sum equal to the following
percentages of the total of all
money wagered on simulcast racing programs on
that day:
(1) One per cent of the first two hundred thousand dollars
wagered, or any part
thereof
of that amount;
(2) Two per cent of the next one hundred thousand dollars
wagered, or any part
thereof
of that amount;
(3) Three per cent of the next one hundred thousand
dollars
wagered, or any part
thereof
of that amount;
(4) Four per cent of all sums over four hundred thousand
dollars wagered.
Except as otherwise provided in division (B) and subject to
division
(M) of this section, from the moneys
paid to the tax
commissioner by permit holders authorized to conduct harness
or
quarter horse racing, one-half of one per cent of all moneys
wagered on
that racing day shall be paid into the Ohio fairs fund;
from the moneys
paid to the tax
commissioner by
permit holders
authorized to conduct harness racing, five-eighths of one per
cent
of all moneys wagered on that racing day shall be paid into the
Ohio
standardbred development fund; and
from the moneys paid to
the tax commissioner by permit holders authorized to
conduct
quarter horse racing, five-eighths of one per cent of all moneys
wagered on that racing day shall be paid into the Ohio quarter
horse
development fund.
(D) In addition, subject to division
(M) of this section,
beginning on January 1,
1996, from the money paid to the tax
commissioner as a tax under this section
and section 3769.087 of
the Revised Code by harness horse permit holders,
one-half of one
per cent of the amount wagered on a racing day shall be paid
into
the Ohio standardbred development fund. Beginning January 1,
1998, the payment to the Ohio standardbred development fund
required
under
this division
(D) of this section does not apply to
county
agricultural societies or independent agricultural
societies.
During calendar year 1994, the
The total amount paid to the
Ohio
standardbred
development fund under this division, division
(C) of this
section, and section 3769.087 of the Revised Code
and
the total amount paid to the Ohio quarter horse development fund
under
this division and that section
shall not exceed by more than
six per cent
the
total amount paid to each of these funds under
this division and that section
during calendar year 1990. During
each calendar year after calendar year
1994, the total amount paid
to each of these funds shall not exceed by
more
than six per cent
the total amount paid into the fund under this
division, division
(C) of this section, and
section 3769.087 of the Revised Code in
the immediately preceding
calendar year.
(E) Subject to division (M) of this section,
from the money
paid as a tax under this chapter by harness
and quarter horse
permit holders, one-quarter of one per cent
of the total of all
moneys wagered on a racing day by each permit
holder shall be paid
into the state racing commission operating
fund created by section
3769.03 of the Revised Code. This
division does not apply to
county and independent fairs and agricultural
societies.
(F) Except as otherwise provided in section 3769.089
of the
Revised Code, each
permit holder authorized to conduct harness
racing
shall
pat
pay to the harness horsemen's purse pool a sum
equal
to
fifty per cent of the pari-mutuel revenues retained by
the permit
holder as a commission after payment of the state tax.
This
fifty per cent payment is to be in addition to the purse
distribution from breakage specified in this section.
(G) In addition, each permit holder authorized to conduct
harness racing shall be allowed to retain the odd cents of all
redistribution to be made on all mutual contributions exceeding a
sum equal to the next lowest multiple of ten.
Forty per cent of that portion of that total sum of such
odd
cents shall be used by the permit holder for purse money for
Ohio
sired, bred, and owned colts, for purse money for Ohio bred
horses, and for increased purse money for horse races. Upon the
formation of the corporation described in section 3769.21 of the
Revised Code to establish a harness horsemen's health and
retirement fund, twenty-five per cent of that portion of that
total sum of odd cents shall be paid at the close of each racing
day by the permit holder to
such
that corporation to establish
and
fund the health and retirement fund. Until
such
that
corporation
is
formed,
such
that twenty-five per cent shall be paid at the
close of
each racing day by the permit holder to the tax
commissioner or
the tax commissioner's agent in the county seat of
the
county in which the permit
holder operates race meetings. The
remaining thirty-five per
cent of that portion of that total sum
of odd cents shall be
retained by the permit holder.
(H) In addition, each permit holder authorized to conduct
thoroughbred racing shall be allowed to retain the odd cents of
all redistribution to be made on all mutuel contributions
exceeding a sum equal to the next lowest multiple of ten.
Twenty
per cent of that portion of that total sum of such odd cents
shall
be used by the permit holder for increased purse money for
horse
races. Upon the formation of the corporation described in
section
3769.21 of the Revised Code to establish a thoroughbred
horsemen's
health and retirement fund, forty-five
per cent of
that portion of
that total sum of odd cents shall be paid at the
close of each
racing day by the permit holder to
such
that
corporation
to
establish and fund the health and retirement fund. Until
such
that
corporation is formed,
such
that forty-five per cent
shall be
paid by
the permit holder to the tax commissioner or the tax
commissioner's agent in the
county seat of the county in which the
permit holder operates
race meetings, at the close of each racing
day. The remaining
thirty-five per cent of that portion of that
total sum of odd
cents shall be retained by the permit holder.
(I) In addition, each permit holder authorized to conduct
quarter horse racing shall be allowed to retain the odd cents of
all redistribution to be made on all mutuel contributions
exceeding a sum equal to the next lowest multiple of ten, subject
to a tax of twenty-five per cent on that portion of the total sum
of such odd cents that is in excess of two thousand
dollars
during
a calendar year, which tax shall be paid at the close of
each
racing day by the permit holder to the tax commissioner or
the tax
commissioner's agent in the county seat of the
county within which
the
permit holder operates race meetings. Forty per cent of that
portion of that total sum of such odd cents shall be used by the
permit holder for increased purse money for horse races. The
remaining thirty-five per cent of that portion of that total sum
of odd cents shall be retained by the permit holder.
(J)(1) To encourage the improvement of racing facilities for
the benefit of the public, breeders, and horse owners, and to
increase the revenue to the state from the increase in
pari-mutuel
wagering resulting from
such
those improvements, the
taxes
paid by
a permit holder to the state as provided for in this
chapter shall
be reduced by
three-fourths of
one per cent of
the
total amount
wagered
for those permit holders who make capital
improvements to
existing
race tracks or construct new race
tracks. The percentage
of the
reduction that may be taken each racing day
shall equal
seventy-five per cent of the tax levied
under divisions
(B) and
(C) of this section and section 3769.087
of the Revised
Code, and
division (F)(2) of section 3769.26 of the Revised Code,
as
applicable, divided
by
the
calculated amount each fund should
receive under divisions (B)
and
(C) of this section and section
3769.087
of the Revised Code, and
division
(F)(2) of section
3769.26 of the Revised Code
and the
reduction provided for
in this
division. If the resulting
percentage is less than one, that
percentage shall be multiplied
by the amount of the reduction
provided for in
this division.
Otherwise, the permit holder shall
receive the full reduction
provided for in this division. The
amount of the allowable
reduction not
received shall be carried
forward and applied
against future tax liability.
After any
reductions expire, any
reduction carried forward shall be treated
as
a reduction as
provided for in this division.
If
If more than one permit holder is
authorized to conduct
racing at the facility that is being built or improved,
the cost
of the
new race track or capital improvement shall be allocated
between
or among
all the permit holders in the ratio that the
permit holders'
number of racing days bears to the total number of
racing days
conducted at the facility.
Such
A reduction
for a new race track or a capital improvement
shall
start from the
day racing is first conducted following the
date actual
construction of the new race track or each capital
improvement is
completed and the construction cost has been
certified
approved
by the
racing commission, unless otherwise
provided in this section.
Such
A reduction
for a new race track
or
a capital
improvement shall continue for a period of
twenty-five
years
for new race tracks and for fifteen years for
new capital
improvements if the construction of the
capital
improvement or new
race
track commenced prior to March 29, 1988,
and for a period of
ten years for new
race tracks or
new capital
improvements if the
construction of the
capital improvement
or new
race track
commenced on or after March 29, 1988,
but before the effective
date of this amendment, or until the total tax
reduction
reaches
seventy per cent of the
approved cost of the new
race
track or
new
capital improvement, as allocated to each permit
holder,
whichever
occurs first.
The tax
A reduction for a new race track or a
capital improvement approved after the effective date of this
amendment shall continue until the total tax reduction reaches one
hundred per cent of the approved cost of the new race track or
capital improvement, as allocated to each permit holder.
A reduction granted for
any
a new race track or a capital
improvement, the
application
for which was approved by the racing
commission after March
29, 1988,
but before the effective date of
this amendment, shall not
commence nor
shall the
ten-year period
begin to run until all prior tax
reductions with
respect to the
same race track have ended. The
total tax
reduction because of
capital improvements shall not
during any one
year exceed for all
permit holders using any one
track
three-fourths of one
per cent
of the total amount
wagered,
regardless of the number of
capital
improvements made. Several
capital improvements to a race track
may be consolidated in an
application if the
racing commission
approved the application
prior to
March 29, 1988. No permit
holder may receive a tax
reduction for a capital improvement
approved by the racing
commission on or after March 29, 1988, at a
race track
until all
tax
reductions have ended for all prior
capital improvements
approved
by the racing commission under this
section or section
3769.20 of
the Revised Code at that race track.
If there are two
or more
permit holders operating meetings at the
same track, they
may
consolidate their applications. The racing
commission shall
notify the tax commissioner when the
diminution
reduction of tax
begins and
when it ends.
Each
Each fiscal year the
racing commission shall submit a
report
to the tax commissioner, the office of budget and
management, and
the
legislative budget office of the legislative
service
commission. The report shall identify each capital
improvement
project undertaken under this division and in
progress at each
race track, indicate the total cost of each
such
project, state
the tax reduction that resulted from each
such
project during the
immediately preceding fiscal year, estimate
the tax reduction that
will result from each
such project during
the current fiscal year,
state the total tax reduction that
resulted from all such projects
at all race tracks during the
immediately preceding fiscal year,
and estimate the total tax
reduction that will result from all
such projects at all race
tracks during the current fiscal year.
(2) In order to qualify for the reduction in tax, a permit
holder shall apply to the racing commission in such form as the
commission may require and shall provide full details of the new
racing
race track or capital improvement, including a schedule
for
its
construction and completion, and set forth the costs and
expenses
incurred in connection
therewith
with it. The
racing
commission shall
not
approve an application unless the permit
holder shows that a
contract for the new race track or capital
improvement has been
let under an unrestricted competitive bidding
procedure, unless
the contract is exempted by the controlling
board because of its
unusual nature. In determining whether to
approve an
application, the
racing commission shall consider
whether the new
race track
or capital improvement will promote the
safety, convenience, and
comfort of the racing public and horse
owners and generally tend
towards the improvement of racing in
this state.
(3) If a new
race track or capital improvement is approved
by
the
racing
commission and construction has started, the tax
adjustment
reduction may
be authorized by the commission upon
presentation of copies of
paid bills in excess of one hundred
thousand dollars or ten per
cent of the approved cost, whichever
is greater. After the
initial authorization, the permit holder
shall present copies of
paid bills. If the permit holder is in
substantial compliance
with the schedule for construction and
completion of the
new race track
or
capital improvement, the
racing commission may authorize the
continuation of the tax
adjustment
reduction upon the
presentation of
such
the additional
paid bills. The total amount of the tax
adjustment
reduction
authorized shall not exceed
seventy per cent
the percentage of
the
approved cost
of the new
race track or capital improvement
specified in division
(J)(1) of this section. The
racing
commission
may
terminate any
tax
adjustment
reduction immediately
if a permit
holder fails
to
complete the
new race track or capital
improvement, or to
substantially
comply with the schedule for
construction and
completion of the
new
race
track or capital
improvement. If a
permit holder fails to
complete a new
race
track or capital
improvement, the
racing
commission shall
order
the permit holder
to repay to the state the total amount of
tax
reduced. The normal
tax paid by the permit holder shall be
increased by three-fourths
of one per cent of the total
amount
wagered until
the total amount
of the additional tax collected
equals
the total amount of tax
reduced.
(4) As used in this section,
"capital:
(a)
"Capital improvement" means an
addition, replacement, or
remodeling of a structural unit of a
race track facility costing
at least one hundred thousand
dollars, including, but not
limited
to, the construction of barns
used exclusively for
such
the race
track facility, backstretch
facilities for horsemen,
paddock
facilities, new pari-mutuel and
totalizator equipment and
appurtenances
thereto
to that
equipment purchased by the
track,
new access roads, new parking areas, the complete
reconstruction,
reshaping, and leveling of the
race track
racing
surface and
appurtenances, the installation of permanent new heating or air
conditioning,
and
roof replacement or restoration, installations
of a
permanent
nature forming a
part of the track structure, and
construction of
buildings that are located on a permit holder's
premises.
"Capital
improvement" does not
include the cost of
replacement of equipment
that is not
permanently installed,
ordinary repairs, painting, and
maintenance
required to keep a
race track facility in ordinary
operating
condition.
"New
(b)
"New race track"
or
"new racing track"
includes the
reconstruction of a race track damaged by fire or
other cause that
has been declared by the racing
commission, as
a result of the
damage, to be an inadequate facility for the safe
operation of
horse racing.
(c) "Approved cost" includes all debt service and interest
costs that are associated with a capital improvement or new race
track and that the racing commission approves for a tax reduction
under division (J) of this section.
(5) The
racing commission shall not approve an application
for a tax
reduction under this section if it has reasonable cause
to
believe that the actions or negligence of the permit holder
substantially contributed to the damage suffered by the track due
to fire or other cause. The
racing commission shall obtain any
data or
information available from a fire marshal, law enforcement
official, or insurance company concerning any fire or other
damage
suffered by a track, prior to approving an application for
a tax
reduction.
(6) The
approved cost
and expenses to which a tax
reduction
applies
shall be determined by generally accepted accounting
principles
and verified by an audit of the permit holder's records
upon
completion of the project by the
racing commission, or by an
independent
certified public accountant selected by the permit
holder and
approved by the commission.
The tax reductions for capital improvements and new tracks
provided for in
this division apply only to tax reductions
approved by the state racing
commission prior to the effective
date of this amendment.
(K) No other license or excise tax or fee, except as
provided in sections 3769.01 to 3769.14 of the Revised Code,
shall
be assessed or collected from such licensee by any county,
township, district, municipal corporation, or other body having
power to assess or collect a tax or fee. That portion of the tax
paid under this section by permit holders for racing conducted at
and during the course of an agricultural exposition or
fair, and
that portion of the tax that would have been paid by
eligible
permit holders into the PASSPORT fund as a result of
racing
conducted at and during the course of an agricultural exposition
or
fair, shall be deposited
into the state treasury to the credit
of the horse
racing tax fund, which is hereby created for the use
of the
agricultural societies of the several counties in which the
taxes
originate. The state racing commission shall determine
eligible permit
holders for purposes of the preceding sentence,
taking into account the breed
of horse, the racing dates, the
geographic proximity to the fair, and the best
interests of Ohio
racing. On the first day of any month on
which there
is money in
the fund, the
director of budget and management
tax commissioner
shall provide
for
payment to the treasurer of each agricultural
society the
amount
of the taxes collected under this section upon
racing
conducted at
and during the course of any exposition or
fair
conducted by
such
the society.
(L) From the tax paid under this section by harness track
permit holders, the tax commissioner shall pay into the Ohio
thoroughbred race fund a sum equal to a percentage of the amount
wagered upon which
such
the tax is paid. The percentage shall
be
determined by the tax commissioner and shall be rounded to the
nearest one-hundredth. The percentage shall be such that, when
multiplied by the amount wagered upon which tax was paid by the
harness track permit holders in the most recent year for which
final figures are available, it results in a sum that
substantially equals the same amount of tax paid by the tax
commissioner during that year into the Ohio fairs fund from taxes
paid by thoroughbred permit holders. This division does not apply
to county
and independent fairs and agricultural societies.
(M) Twenty-five per cent of the taxes levied on
thoroughbred-racing
thoroughbred racing permit
holders,
harness-racing
harness racing permit holders,
and quarter horse
racing permit
holders under this section,
section 3769.087
of the
Revised Code, and division (F)(2)
of
section 3769.26 of the
Revised
Code shall be paid
to
into the
PASSPORT fund.
The tax
commissioner shall
pay
any money
remaining, after
the
payment
to
into the
PASSPORT fund
and the
reductions provided for in division
(J) of this section
and in
section 3769.20 of the Revised Code,
into the
Ohio fairs
fund, Ohio thoroughbred race fund, Ohio
standardbred
development
fund, Ohio quarter horse fund, and state
racing
commission
operating fund as prescribed in this section and
section
3769.087
of the Revised Code; except that the state racing
commission
operating fund shall not receive more than two million
five
hundred
thousand dollars in any calendar year. The tax
commissioner shall thereafter use and apply
the balance of the
money paid as a tax by any permit holder to cover any
shortage in
the accounts of such funds resulting from an insufficient payment
as a tax by any other permit holder. The moneys received by the
tax
commissioner shall be deposited weekly and paid by the tax
commissioner into
the funds
to cover the total aggregate amount
due from all permit holders to the funds,
as calculated under this
section and section 3769.087 of the Revised
Code, as applicable.
If, after
the payment
to
into the
PASSPORT
fund, sufficient funds
are not
available from the tax deposited by
the tax commissioner
to pay
the required
amount
amounts into the
Ohio fairs
fund, Ohio
standardbred development fund, Ohio thoroughbred
race fund,
Ohio
quarter horse fund,
and the state racing
commission
operating
fund, the tax commissioner shall
prorate on a proportional basis
the amount paid to each of the funds. Any
shortage to the funds
as a result of a proration shall be applied against
future
deposits for the same calendar year when funds are available.
After
this application, the tax
commissioner shall pay any
remaining money paid as a tax by all permit holders
into the
PASSPORT fund.
If the Ohio fairs fund does not receive
two
million
five hundred thousand dollars in calendar year 1997 or
1998, the
tax commissioner shall pay into the Ohio fairs fund, on
a prorated
basis, money that would have been paid into the Ohio
thoroughbred
race fund,
Ohio standardbred development fund, Ohio
quarter horse
development fund, and state racing commission
operating fund and
the
portion that was retained by the tracks the
previous calendar
year as a
reduction provided for in division (J)
of this section
and section
3769.20 of the
Revised Code until the
previous year's
deficiency is met. Each track that has an
existing
reduction
shall increase its reduction credit balance by
the amount
determined
by the tax commissioner that is needed to
meet its
prorated portion of the
Ohio fairs fund deficiency. The
credit
balance increase shall be
paid to the tax commissioner as a
tax.
This division does not apply to
permit holders conducting
racing
at the course of an agricultural exposition
or fair as
described
in division (K) of this section.
Sec. 3769.085. There is hereby created in the state
treasury
the Ohio standardbred development fund, to consist of
moneys paid
into it pursuant to section 3769.08 of the Revised
Code
and any
fees assessed for or on behalf of the Ohio sires
stakes races.
All
investment earnings on the cash balance in the
fund shall be
credited to the fund. Moneys to the credit of the
Ohio
standardbred development
fund shall be distributed on order
of the
state racing commission
with the approval of the Ohio
standardbred
development
commission.
The development commission shall consist of three
members,
all to be
residents of this state knowledgeable in breeding and
racing, to
be appointed by the governor with the advice and
consent of the
senate. One member shall be a standardbred
breeder, and one
shall be a
standardbred owner. Of the initial
appointments, one member shall
be appointed for a term ending June
30, 1977, and two members
shall be appointed for terms ending June
30, 1979. Thereafter,
appointments for other than unexpired terms
shall be for four
years. Terms shall begin the first day of July
and end the
thirtieth day of June. Any member appointed to fill a
vacancy
occurring prior to the expiration of the term for which
the
member's
predecessor was appointed shall hold office for the
remainder of
such
that term. Any member shall continue in office
subsequent to the
expiration date of the member's term until
a
successor takes office. Members shall receive no compensation,
except they shall be paid
actual and necessary expenses from the
Ohio standardbred
development fund. The state racing commission
shall also be reimbursed
for
actual expense approved by the
development commission.
The development commission may
elect one
member to serve as secretary.
Upon application not later than the first day of December
from the harness tracks conducting races with pari-mutuel
wagering, other than agricultural expositions and fairs, the
development commission shall, after a hearing and not
later than
the twentieth
day of January, allocate and approve all available
moneys for
colt races for two-year-old and three-year-old colts
and fillies,
both trotting and pacing. Separate races for fillies
shall be
provided at each age and gait. At least five races and a
championship race shall be scheduled for each of the eight
categories of age, sex, and gait. The allocations shall take
into
account the time of year that racing colts is feasible, the
equity
and continuity of the proposed dates for racing the
events, and
the amounts to be added by the tracks, looking to the
maximum
benefit for those participating in the races.
Representatives of
the tracks and the Ohio harness horsemens association shall
be
given an opportunity to be heard before the allocations are
made.
No races shall be contested earlier than the first day of
May or
later than the first day of November; all permit holders
operating
extended pari-mutuel meetings between
such
those dates shall
be
entitled to at least three races. No funds for a race shall
be
allocated to and paid to a permit holder by the
development
commission
unless the permit holder adds at least twenty-five per
cent to
the amount allocated by the development commission,
and
not less than five
thousand dollars to each race.
Colts and fillies eligible to the races shall be only those
sired by a standardbred stallion that was registered with the
state racing commission and stood in
Ohio
the state the entire
breeding season of
the
year the colt or filly was conceived and
fillies foaled before
November 1, 1979, that are not so qualified
but wholly owned by a
resident or residents of
Ohio
the state on
the first day of January of the
year that such filly would be
eligible to race as a two-year-old
and also wholly owned by a
resident or residents of
Ohio
the state on the
date the race is
contested.
If the development commission concludes that
sufficient funds
are
available to add aged races without reducing purse levels of
the
colt and filly races, the development commission may
allocate
funds to
four-year-old and five-year-old races of each sex and
gait with Ohio
eligibility required as set forth in this section.
The state racing commission may allocate an amount not to
exceed five
per cent of the total Ohio standardbred development
fund
available in any one calendar year to research projects
directed
toward improving the breeding, raising, racing, and
health and
soundness of horses in the state and toward education
or
promotion of the industry.
Sec. 3769.20. (A) To encourage the renovation of existing
racing facilities for the benefit of the public, breeders, and
horse owners and to increase the revenue to the state from the
increase in pari-mutuel wagering resulting from such improvement,
the taxes paid by a permit holder to the state, in excess of the
amount paid
to
into the
PASSPORT fund,
shall
be reduced by one per
cent
of the total
amount wagered for those
permit holders who
carry out
a major
capital improvement project.
The
percentage
of
the
reduction that may be taken each racing day
shall equal
seventy-five
per cent of the
amount of the tax levied
under
divisions (B) and
(C) of
section 3769.08, section 3769.087,
and
division (F)(2) of section
3769.26 of the Revised Code, as
applicable,
divided by the calculated
amount
each fund should
receive under divisions (B) and (C) of
section 3769.08,
section
3769.087, and division (F)(2) of section
3769.26 of the
Revised
Code and the reduction provided for in this
section.
If the
resulting percentage is less than one, that
percentage shall be
multiplied by the amount of the reduction
provided for in this
section.
Otherwise, the permit holder shall
receive the full
reduction provided for in
this section. The
amount of the
allowable reduction not received shall be
carried
forward and
added to any other reduction balance and applied
against
future
tax liability. After any reductions expire, any
reduction carried
forward shall be treated as a reduction as
provided for in this
section. If the amount of allowable
abatement
reduction exceeds
the amount
of taxes derived
from a
permit holder, the amount of
the allowable
abatement
reduction not
used may be carried forward
and applied against future tax
liability.
If
If more than one permit holder is authorized to
conduct
racing at the facility that is being improved, the
cost
of the
major capital improvement project shall be allocated
between or
among all the permit holders in the ratio that each
permit
holder's number of racing days bears to the total number
of racing
days conducted at the facility.
Such
A reduction
for a major capital improvement project shall
start from the day racing is first conducted following the date
on
which the major capital improvement project is completed and
the
construction cost has been
certified
approved by the state
racing
commission, except as otherwise provided in division (E) of
this
section, and shall continue until
the total tax reduction equals
the cost of the major capital
improvement project plus debt
service applicable to the project.
In no event, however, shall
any tax reduction, excluding any
reduction balances, be permitted
under this section
after December 31, 2014. The total
tax
reduction because of the
major capital improvement project shall
not during any one year
exceed for all permit holders using any
one track,
one
per cent of the total amount wagered. The
racing
commission
shall notify the tax commissioner when the
diminution
reduction of tax
begins and when it ends.
(B) Each fiscal year, the
racing commission shall submit a
report to
the tax commissioner, the office of budget and
management, and
the
legislative budget office of the legislative
service
commission. The report shall identify each capital
improvement
project undertaken under this section and in progress
at each
race track, indicate the total cost of each
such project,
state
the tax reduction that resulted from each
such project
during the
immediately preceding fiscal year, estimate the tax
reduction
that will result from each
such project during the
current fiscal
year, state the total tax reduction that resulted
from all such
projects at all race tracks during the immediately
preceding
fiscal year, and estimate the total tax reduction that
will
result from all such projects at all race tracks during the
current fiscal year.
(C) The tax reduction granted pursuant to this section shall
be in addition to any tax reductions for capital improvements and
new
race tracks provided for in section 3769.08 of the Revised
Code
and approved by the
racing commission
prior to March 29,
1988.
(D) In order to qualify for the reduction in tax, a permit
holder shall apply to the
racing commission in such form as the
commission may require and shall provide full details of the
major
capital improvement project, including plans and
specifications, a
schedule for the project's construction and
completion, and a
breakdown of proposed costs. In addition, the
permit holder shall
have commenced construction of the major
capital improvement
project or shall have had the application for
the project approved
by the
racing commission prior to March 29,
1988. The
racing
commission shall not approve an application unless
the
permit
holder shows that a contract for the major capital
improvement
project has been let under an unrestricted
competitive bidding
procedure, unless the contract is exempted by
the controlling
board because of its unusual nature. In
determining whether to
approve an application, the
racing commission
shall consider
whether the major capital improvement project will
promote the
safety, convenience, and comfort of the racing public
and horse
owners and generally tend toward the improvement of
racing in this
state.
(E) If the major capital improvement project is approved
by
the
racing commission and construction has started, the tax
adjustment
reduction may be authorized by the commission upon
presentation
of copies of paid bills in excess of five hundred
thousand
dollars. After the initial authorization, the permit
holder
shall present copies of paid bills in the amount of not
less than
five hundred thousand dollars. If the permit holder is
in
substantial compliance with the schedule for construction and
completion of the major capital improvement project, the
racing
commission may authorize the continuance of the tax
adjustment
reduction
upon the presentation of
such
the additional paid bills
in
increments
of five hundred thousand dollars. The
racing
commission may terminate
the tax
adjustment
reduction if a permit
holder fails to
complete the major
capital improvement project or
fails to comply substantially
with the schedule for construction
and completion of the major
capital improvement project. If the
time for completion of the
major capital improvement project is
delayed by acts of God,
strikes, or the unavailability of labor or
materials, the time
for completion as set forth in the schedule
shall be extended by
the period of the delay. If a permit holder
fails to
complete
the major capital improvement project, the
racing commission shall
order
the permit holder to repay to the
state the total amount of tax
reduced, unless the permit holder
has spent at least six million
dollars on the project. The normal
tax paid by the permit holder
under section 3769.08 of the Revised
Code shall be increased by one per cent of the total
amount
wagered until the
total amount of the additional tax collected
equals
the total
amount of tax reduced. Any action taken by the
racing
commission
pursuant to this section in terminating the tax
adjustment or
requiring repayment of the amount of tax reduced
shall be subject
to Chapter 119. of the Revised Code.
(F) As used in this section,
"major capital improvement
project" means the renovation, reconstruction, or remodeling,
costing at least six million dollars, of a race track facility,
including, but not limited to, the construction of barns used
exclusively for that race track facility, backstretch
facilities
for horsemen, paddock facilities, pari-mutuel and
totalizator
equipment and appurtenances to that equipment purchased by the
track, new access roads, new parking areas, the complete
reconstruction, reshaping, and leveling of the
race track
racing
surface and
appurtenances, grandstand enclosure, installation of
permanent
new heating or air conditioning, roof replacement, and
installations of a permanent nature forming a part of the track
structure.
(G) The cost and expenses to which the tax reduction granted
under this section applies
shall be determined by generally
accepted accounting principles
and be verified by an audit of the
permit holder's records, upon
completion of the major capital
improvement project, either by
the
racing commission or by an
independent certified public accountant
selected by the permit
holder and approved by the commission.
(H) This section and section 3769.201 of the Revised
Code
govern any tax reduction granted to a permit holder for the cost
to the permit holder of any cleanup, repair, or improvement
required as a
result of damage caused by the 1997 Ohio river flood
to the place,
track, or enclosure for which the permit is issued.
Sec. 3770.06. (A) There is hereby created the state
lottery
gross revenue fund, which shall be in the custody of the
treasurer
of state but shall not be part of the state treasury.
All gross
revenues received from sales of lottery tickets, fines,
fees, and
related proceeds shall be
deposited into the fund. The
treasurer
of state shall invest any
portion of the fund not
needed for
immediate use in the same
manner as, and subject to
all provisions
of law with respect to
the investment of, state
funds. The
treasurer of state shall
disburse money from the fund
on order of
the director of the state
lottery commission or the
director's
designee.
All revenues of the state lottery gross revenue fund
that are not
paid to holders of winning lottery tickets, that are
not required
to meet short-term prize liabilities, that are not
paid to lottery
sales agents in the form of
agent bonuses,
commissions, or
reimbursements, and that are not paid to
financial
institutions to
reimburse
such
those institutions for sales
agent
nonsufficient
funds
shall be transferred to the state
lottery
fund, which is
hereby
created in the state treasury. All
investment earnings of the fund
shall be credited to the fund.
Moneys shall be disbursed from the
state lottery fund pursuant to
vouchers approved by the director
of the state lottery commission.
Total disbursements for monetary
prize awards to holders of
winning lottery tickets and purchases
of goods and services
awarded as prizes to holders of winning
lottery tickets shall be
of an amount equal
to at least fifty per cent of the total
revenue
accruing from the
sale of lottery tickets.
(B) Pursuant to Section 6 of Article XV, Ohio
Constitution,
there is hereby established in the state treasury
the lottery
profits education fund. Whenever, in the judgment of
the director
of budget and management, the amount to the credit
of the state
lottery fund is in excess of that needed to meet the
maturing
obligations of the commission and as working capital for
its
further operations, the director shall transfer the
excess to the
lottery profits education fund, provided that the amount to be
transferred into the lottery profits education fund shall equal no
less than
thirty per cent of the total revenue accruing from
the
sale of lottery tickets.
Investment earnings of the lottery
profits education fund shall be
credited to the fund. There
shall
also
be credited to the fund any repayments of moneys
loaned from
the
educational excellence investment fund.
The
lottery profits
education fund shall be used solely for
the
support of elementary,
secondary, vocational, and special
education programs as
determined in appropriations made by the
general assembly, or as
provided in applicable bond proceedings
for
the payment of debt
service on obligations issued to pay costs
of capital
facilities,
including those for a system of common
schools throughout the
state pursuant to section 2n of Article
VIII, Ohio Constitution.
When determining the
availability of
money in
the lottery profits
education fund, the director of
budget and
management may consider
all balances and estimated
revenues of
the fund.
From the amounts that the director of budget and management
transfers in any fiscal year from the state lottery fund to the
lottery profits education fund, the director shall transfer
the
initial ten million dollars of
such
those amounts from the lottery
profits
education fund to the school building program bond service
fund
created in division (Q) of section 3318.26 of the Revised
Code to
be pledged for the purpose of paying bond service charges
as
defined in division (C) of section 3318.21 of the Revised Code
on
one or more issuances of obligations, which obligations are
issued to provide moneys for the school building program
assistance fund created in section 3318.25 of the Revised Code.
(C) There is hereby established in the state treasury the
deferred prizes trust fund. With the approval of the director of
budget and management, an amount sufficient to fund annuity
prizes
shall be transferred from the state lottery fund and
credited to
the trust fund. The treasurer of state shall
credit all earnings
arising from investments purchased under this
division to the
fund. Within sixty days after the end of each
fiscal year, the
director of budget and management shall certify
the amount of
investment earnings necessary to have been credited
to the trust
fund during the fiscal year just ending to provide
for continued
funding of deferred prizes. Any earnings credited
in excess of
this certified amount shall be transferred to the
lottery profits
education fund. To provide all or a part of the
amounts necessary
to fund deferred prizes awarded by the
commission, the treasurer
of state, in consultation with the
commission, may invest moneys
contained in the deferred prizes
trust fund in obligations of the
type permitted for the investment of state
funds but whose
maturities are thirty years or less. Investments of the
deferred
prizes trust fund are not subject to the provisions of division
(A)(10) of section 135.143 of the Revised Code limiting to five
per cent the amount
of the state's total average portfolio that
may be invested in debt interests
and limiting to one-half of one
per cent the amount that may be invested in
debt interests of a
single issuer.
All purchases made under this division shall be effected on
a
delivery versus payment method and shall be in the custody of
the
treasurer of state.
The treasurer of state may retain an investment advisor, if
necessary. The commission shall pay any costs incurred by the
treasurer of state in retaining an investment advisor.
(D) The auditor of state shall conduct annual audits
of all
funds and
such
any other audits as the auditor of state or
the
general assembly considers necessary. The auditor of state may
examine
all records, files, and other documents of the commission,
and
such records of
lottery sales agents
as
that pertain to their
activities as agents, for purposes of
conducting authorized
audits.
The state lottery commission shall establish an internal
audit program
before the beginning of each fiscal year, subject to
the approval of the
auditor of state. At the end of each fiscal
year, the commission shall
prepare and submit an annual report to
the auditor of state for the auditor of
state's review and
approval, specifying the internal audit work completed by
the end
of that fiscal year and reporting on compliance with the annual
internal audit program. The form and content of the report shall
be
prescribed by the auditor of state under division (C) of
section
117.20 of the Revised Code.
(E) Whenever, in the judgment of the director of budget and
management, an amount of net state lottery proceeds is necessary
to be applied
to the payment of debt service on obligations, all
as defined in sections
151.01 and 151.03 of the Revised Code, the
director shall transfer that amount directly from
the state
lottery fund or from the lottery profits education fund to the
bond
service fund defined in those sections. The provisions of
this division
(E) of this section are subject to any prior pledges
or obligation of
those amounts to the payment of bond service
charges as defined in division
(C) of section 3318.21 of the
Revised Code, as referred to in division (B)
of this section.
Sec. 3793.04. The department of alcohol and drug addiction
services shall develop, administer, and revise as necessary a
comprehensive statewide alcohol and drug addiction services plan
for the implementation of this chapter. The plan shall emphasize
abstinence from the use of alcohol and drugs of abuse as the
primary goal of alcohol and drug addiction services. The council
on alcohol and drug addiction services shall advise the
department
in the development and implementation of the plan.
The plan shall provide for the allocation of state and
federal funds for service furnished by alcohol and drug addiction
programs under contract with boards of alcohol, drug addiction,
and mental health services and for distribution of the funds to
such boards. The plan shall specify the methodology that the
department will use for determining how funds will be allocated
and distributed.
A portion
of the
funds shall be allocated on
the
basis of the ratio of the
population of each alcohol, drug
addiction, and mental health
service district to the total
population of the state
as. The portion of the funds allocated on
that basis for a fiscal year shall be not less than the average of
the amount that was allocated on that basis the three previous
fiscal years. The ratio shall be determined from the most recent
federal
census or the most recent
official estimate made by the
United
States census bureau,
whichever is more recent.
The plan shall ensure that alcohol and drug addiction
services of a high quality are accessible to, and responsive to
the needs of, all persons, especially those who are members of
underserved groups, including, but not limited to, African
Americans, Hispanics, native Americans, Asians, juvenile and
adult
offenders, women, and persons with special services needs
due to
age or disability. The plan shall include a program to
promote
and protect the rights of those who receive services.
To aid in formulating the plan and in evaluating the
effectiveness and results of alcohol and drug addiction services,
the department, in consultation with the department of mental
health, shall establish and maintain an information system. The
department of alcohol and drug addiction services shall specify
the information that must be provided by boards of alcohol, drug
addiction, and mental health services and by alcohol and drug
addiction programs for inclusion in the system. The department
shall not collect any information for the purpose of identifying
by name any person who receives a service through a board, except
as required by the state or federal law to validate appropriate
reimbursement.
In consultation with boards, programs, and persons
receiving
services, the department shall establish guidelines for
the use of
state and federal funds and for the boards'
development of plans
for services required by sections 340.033
and 3793.05 of the
Revised Code.
In any fiscal year, the department shall spend, or allocate
to boards, for methadone maintenance programs or any similar
programs not more than eight per cent of the total amount
appropriated to the department for the fiscal year.
Sec. 3902.23. Beginning one hundred eighty days after rules
adopted under
section 3902.22 of the Revised Code take effect, no
third-party payer shall
fail to use the standard claim form and
proof of loss prescribed in those
rules, except as provided in
section 3729.15 of the Revised Code.
Sec. 3923.28. (A) Every policy of group sickness and
accident insurance providing hospital, surgical, or medical
expense coverage for other than specific diseases or accidents
only, and delivered, issued for delivery, or renewed in this
state
on or after January 1, 1979, and that provides coverage for
mental
or emotional disorders, shall provide benefits for
services on an
outpatient basis for each eligible person under
the policy who
resides in this state for mental or emotional
disorders, or for
evaluations, that are at least equal to five
hundred fifty dollars
in any calendar year or twelve-month
period. The services shall
be legally performed by or under the
clinical supervision of a
licensed physician or licensed
psychologist, whether performed in
an office, in a hospital, or
in a community mental health facility
so long as the hospital or
community mental health facility is
approved by the joint
commission on
accreditation of healthcare
organizations, the council on accreditation for children and
family services, or
certified by the
department of mental health
as being in compliance with standards
established under division
(I) of section 5119.01 of the Revised
Code
the commission on
accreditation of rehabilitation facilities.
(B) For purposes of this section
"community mental health
facility" means a facility approved by a regional health planning
agency or a facility providing services under a board of alcohol,
drug addiction, and mental health services established under
Chapter 340. of the Revised Code, except that where a board
provides direct community mental health service, the approval of
such a board, as to the adequacy of a specific program of such
services that it provides as a community mental health facility
shall be by the director of mental health.
(C) Outpatient benefits offered under division (A) of this
section shall be subject to reasonable contract limitations and
may be subject to reasonable deductibles and co-insurance costs.
Persons
entitled to such benefit under more than one service or
insurance contract may be limited to a single
five-hundred-fifty-dollar outpatient benefit for services under
all contracts.
(D) In order to qualify for participation under division
(A)
of this section, every facility specified in such division
shall
have in effect a plan for utilization review and a plan for
peer
review and every person specified in such division shall
have in
effect a plan for peer review. Such plans shall have the
purpose
of ensuring high quality patient care and effective and
efficient
utilization of available health facilities and
services.
(E) Nothing in this section shall be construed to require
an
insurer to pay benefits which are greater than usual,
customary,
and reasonable.
(F)(1) Services performed under the clinical supervision
of
a licensed physician or licensed psychologist, in order to be
reimbursable under the coverage required in division (A) of this
section, shall meet both of the following requirements:
(a) The services shall be performed in accordance with a
treatment plan that describes the expected duration, frequency,
and type of services to be performed;
(b) The plan shall be reviewed and approved by a licensed
physician or licensed psychologist every three months.
(2) Payment of benefits for services reimbursable under
division (F)(1) of this section shall not be restricted to
services described in the treatment plan or conditioned upon
standards of clinical supervision that are more restrictive than
standards of a licensed physician or licensed psychologist, which
at least equal the requirements of division (F)(1) of this
section.
Sec. 3923.30. Every person, the state and any of its
instrumentalities, any county, township, school district, or
other
political subdivisions and any of its instrumentalities,
and any
municipal corporation and any of its instrumentalities,
which
provides payment for health care benefits for any of its
employees
resident in this state, which benefits are not provided
by
contract with an insurer qualified to provide sickness and
accident insurance, or a health insuring
corporation, shall
include the following benefits in its plan of health care
benefits
commencing on or after January 1, 1979:
(A) If such plan of health care benefits provides payment
for the treatment of mental or nervous disorders, then such plan
shall provide benefits for services on an outpatient basis for
each eligible employee and dependent for mental or emotional
disorders, or for evaluations, that are at least equal to the
following:
(1) Payments not less than five hundred fifty dollars in a
twelve-month period, for services legally performed by or under
the clinical supervision of a licensed physician or a licensed
psychologist, whether performed in an office, in a hospital, or
in
a community mental health facility so long as the hospital or
community mental health facility is approved by the joint
commission on accreditation of
hospitals or certified by the
department of mental health as being in compliance with standards
established under division (I) of section 5119.01 of the Revised
Code
healthcare organizations, the council on accreditation for
children and family services, or the commission on accreditation
of rehabilitation facilities;
(2) Such benefit shall be subject to reasonable
limitations,
and may be subject to reasonable deductibles and
co-insurance
costs.
(3) In order to qualify for participation under this
division, every facility specified in this division shall have in
effect a plan for utilization review and a plan for peer review
and every person specified in this division shall have in effect
a
plan for peer review. Such plans shall have the purpose of
ensuring high quality patient care and effective and efficient
utilization of available health facilities and services.
(4) Such payment for benefits shall not be greater than
usual, customary, and reasonable.
(5) For purposes of this division,
"community mental
health
facility" means a facility as defined in section 3923.28
of the
Revised Code.
(6)(a) Services performed under the clinical supervision
of
a licensed physician or licensed psychologist, in order to be
reimbursable under the coverage required in division (A) of this
section, shall meet both of the following requirements:
(i) The services shall be performed in accordance with a
treatment plan that describes the expected duration, frequency,
and type of services to be performed;
(ii) The plan shall be reviewed and approved by a licensed
physician or licensed psychologist every three months.
(b) Payment of benefits for services reimbursable under
division (A)(6)(a) of the section shall not be restricted to
services described in the treatment plan or conditioned upon
standards of a licensed physician or licensed psychologist, which
at least equal the requirements of division (A)(6)(a) of this
section.
(B) Payment for benefits for alcoholism treatment for
outpatient, inpatient, and intermediate primary care for each
eligible employee and dependent that are at least equal to the
following:
(1) Payments not less than five hundred fifty dollars in a
twelve-month period for services legally performed by or under
the
clinical supervision of a licensed physician or licensed
psychologist, whether performed in an office, or in a hospital or
a community mental health facility or alcoholism treatment
facility so long as the hospital, community mental health
facility, or alcoholism treatment facility is approved by the
joint commission on accreditation of hospitals or certified by
the
department of health;
(2) The benefits provided under this division shall be
subject to reasonable limitations and may be subject to
reasonable
deductibles and co-insurance costs.
(3) A licensed physician or licensed psychologist shall
every three months certify a patient's need for continued
services
performed by such facilities.
(4) In order to qualify for participation under this
division, every facility specified in this division shall have in
effect a plan for utilization review and a plan for peer review
and every person specified in this division shall have in effect
a
plan for peer review. Such plans shall have the purpose of
ensuring high quality patient care and efficient utilization of
available health facilities and services. Such person or
facilities shall also have in effect a program of rehabilitation
or a program of rehabilitation and detoxification.
(5) Nothing in this section shall be construed to require
reimbursement for benefits which is greater than usual,
customary,
and reasonable.
Sec. 4105.17. (A) The fee for any inspection, or attempted
inspection that, due to no fault of a general inspector or the
division of
industrial compliance, is not successfully completed,
by a general
inspector of an elevator required to be inspected
under this
chapter is thirty dollars plus five dollars for each
floor where
the elevator stops. The superintendent of the
division of industrial
compliance may assess a fee of
thirty
one
hundred twenty-five dollars plus five dollars for each floor
where
an elevator stops for the reinspection of an elevator when a
previous
attempt to inspect that elevator has been unsuccessful
through no fault of a
general inspector or the division of
industrial compliance. The
fee for issuing or renewing a
certificate of operation under section 4105.15 of the Revised
Code
is thirty-five dollars.
(B) All other fees to be charged for any examination given
or other service performed by the division of industrial
compliance pursuant to this chapter shall be prescribed by
the
board of building standards established by section 3781.07 of the
Revised Code. The fees shall be reasonably related to the costs
of such examination or other service.
(C) The board of building standards, subject to the
approval
of the controlling board, may establish fees in excess
of the fees
provided in division (A) of this section, provided
that the fees
do not exceed the amounts established in division
(A) of this
section by more than fifty per cent. Any moneys
collected under
this section shall be paid into the state
treasury to the credit
of the industrial compliance
operating fund
created in section
121.084 of the Revised Code.
(D) Any person who fails to pay an inspection fee required
for any inspection conducted by the division pursuant to
this
chapter within forty-five days after the inspection is conducted
shall pay a late payment fee equal to twenty-five per cent of the
inspection fee.
(E) In addition to the fee assessed in division (A) of
this
section, the board of building standards shall assess a fee
of
three dollars and twenty-five cents for each certificate of
operation or renewal thereof issued under division (A) of this
section and for each permit issued under section 4105.16 of the
Revised Code. The board shall adopt rules, in accordance with
Chapter 119. of the Revised Code, specifying the manner by which
the superintendent of the division of
industrial compliance shall
collect
and remit to the board the fees assessed under this
division and
requiring that remittance of the fees be made at
least quarterly.
Sec. 4115.10. (A) No person, firm, corporation, or public
authority that constructs a public improvement with its own
forces, the total overall project cost of which is fairly
estimated to be more than the amounts set forth in division (B)(1)
or (2) of
section 4115.03 of the Revised Code, adjusted biennially
by the
director of
commerce pursuant
to section 4115.034 of the
Revised Code, shall
violate the
wage provisions of sections
4115.03 to 4115.16 of the Revised
Code, or suffer, permit, or
require any employee to work for less
than the rate of wages so
fixed, or violate the provisions of
section 4115.07 of the Revised
Code. Any employee upon any
public improvement, except an
employee to whom or on behalf of whom
restitution is made pursuant
to division (C) of section 4115.13 of the Revised
Code, who is
paid less than the fixed rate of wages
applicable thereto may
recover from such person, firm,
corporation, or public authority
that constructs a public
improvement with its own forces the
difference between the fixed
rate of wages and the amount paid to
the employee and in
addition thereto
a sum equal to twenty-five
per cent of that difference. The person, firm,
corporation, or
public authority who fails to pay the rate of
wages so fixed also
shall pay a penalty to the
director of seventy-five
per cent of
the difference between the fixed rate of wages and the amount paid
to the employees on the public improvement. The
director shall
deposit
all moneys
received from penalties paid to the director
pursuant
to this section into the penalty enforcement fund, which
is hereby created.
The penalty enforcement fund shall be in
the
custody of the treasurer of state
but shall not be part of the
state treasury. The
director shall use the
fund for the
enforcement of sections
4115.03 to 4115.16 of the Revised Code.
The employee may file
suit for recovery within sixty days of the
director's determination
of a violation of sections
4115.03 to
4115.16 of the Revised Code or is barred from further action
under
this division. Where the employee prevails in a suit, the
employer shall pay the costs and reasonable attorney's fees
allowed by the court.
(B) Any employee upon any public improvement who is paid
less than the prevailing rate of wages applicable thereto may
file
a complaint in writing with the director upon a form furnished by
the
director. At the
written request of any employee paid less
than the prevailing
rate of wages applicable, the director shall
take
an assignment
of a claim in trust for the assigning employee
and bring any
legal action necessary to collect the claim. The
employer shall
pay the costs and reasonable attorney's fees
allowed by the court
if the employer is found in violation of
sections 4115.03 to
4115.16 of the Revised Code.
(C) If
after
investigation pursuant to section 4115.13 of
the Revised Code, the
director determines there is a violation of
sections 4115.03 to 4115.16 of the Revised Code and a period of
sixty days
has elapsed from the date of the determination, and if:
(1) No employee has brought suit pursuant to division (A)
of
this section;
(2) No employee has requested that the director
take an
assignment of a wage claim pursuant to division (B) of this
section;
The director shall bring any legal action
necessary
to
collect any amounts owed to employees and the
bureau
director.
The
director shall
pay over to the affected employees the amounts
collected to which the affected
employees are entitled under
division (A) of this section. In any action in
which the director
prevails, the employer shall
pay
the costs and reasonable
attorney's fees allowed by the court.
(D) Where persons are employed and their rate of wages
has
been determined as provided in section 4115.04 of the Revised
Code, no person, either for self or any other person,
shall
request, demand, or receive, either before or after
the person
is
engaged, that the person so engaged pay back,
return, donate,
contribute, or give any part or all of the
person's wages,
salary,
or thing of value, to any person, upon the statement,
representation, or understanding that failure to comply with such
request or demand will prevent the procuring
or retaining of
employment, and no person shall, directly or
indirectly, aid,
request, or authorize any other person to
violate this section.
This division does not apply to any agent
or representative of a
duly constituted labor organization acting
in the collection of
dues or assessments of such organization.
(E) The director shall enforce
sections 4115.03 to 4115.16
of the Revised Code.
(F) For the purpose of supplementing existing
resources and
to
assist in enforcing division (E) of this section, the
director
may contract
with a person registered as a public accountant under
Chapter
4701. of the
Revised Code to conduct an audit of a person,
firm, corporation,
or public authority.
Sec. 4117.102. The state employment relations board shall
compile a list of the school districts in the state that have
filed with the board agreements entered into with teacher employee
organizations under this chapter. The board shall annually update
the list to reflect, for each district, for the current fiscal
year, the starting salary in the district for teachers with no
prior teaching experience who hold bachelors degrees. The board
shall send a copy of each annually updated list to the state board
of education.
Sec. 4121.44. (A) The administrator of workers'
compensation shall oversee
the implementation of the Ohio workers'
compensation qualified health
plan system as established under
section 4121.442 of the Revised
Code.
(B) The administrator shall direct the
implementation of the
health partnership program administered by
the bureau as set forth
in section 4121.441 of the Revised Code.
To implement the health
partnership program, the bureau:
(1) Shall certify one or more external vendors, which shall
be
known as
"managed care organizations," to provide
medical
management and cost containment services in the health
partnership
program for a period of two years beginning on
the date of
certification, consistent with the
standards established under
this section;
(2) May recertify external vendors for
additional periods of
two years; and
(3) May integrate the certified vendors with bureau
staff
and existing bureau services for purposes of operation and
training to allow the bureau to assume operation of the health
partnership program at the conclusion of the
certification periods
set
forth in division (B)(1) or (2) of this section.
(C) Any vendor selected shall demonstrate all of the
following:
(1) Arrangements and reimbursement agreements with a
substantial number of the medical, professional and pharmacy
providers currently being utilized by claimants.
(2) Ability to accept a common format of medical bill data
in an electronic fashion from any provider who wishes to submit
medical bill data in that form.
(3) A computer system able to handle the volume of medical
bills and
willingness to customize that system
to the bureau's
needs and to be operated by the vendor's staff,
bureau staff, or
some combination of both staffs.
(4) A prescription drug system where pharmacies on a
statewide basis have access to the eligibility and pricing, at a
discounted rate, of all prescription drugs.
(5) A tracking system to record all telephone calls from
claimants and providers regarding the status of
submitted medical
bills so as to be able to track each inquiry.
(6) Data processing capacity to absorb all of the bureau's
medical bill processing or at least that part of the processing
which the bureau arranges to delegate.
(7) Capacity to store, retrieve, array, simulate, and
model
in a relational mode all of the detailed medical bill data
so that
analysis can be performed in a variety of ways and so
that the
bureau and its governing authority can make informed
decisions.
(8) Wide variety of software programs which translate
medical terminology into standard codes, and which reveal if a
provider is manipulating the procedures codes, commonly
called
"unbundling."
(9) Necessary professional staff to conduct, at a minimum,
authorizations for treatment, medical necessity, utilization
review, concurrent review, post-utilization review, and have the
attendant computer system which supports such activity and
measures the outcomes and the savings.
(10) Management experience and flexibility to be able to
react quickly to the needs of the bureau in the case of required
change in federal or state requirements.
(D)(1) Information contained in a
vendor's application for
certification in the health partnership program, and
other
information
furnished to the bureau by a vendor for purposes of
obtaining certification or
to comply with performance and
financial auditing requirements established by
the
adminstrator,
is for the exclusive use and information
of the bureau in the
discharge of its official duties, and shall not be open to the
public or be used in any court in any proceeding pending therein,
unless the bureau is a party to the action or proceeding, but the
information may be tabulated and published by the bureau in
statistical form for the use and information of other state
departments and the public. No employee of the bureau, except as
otherwise authorized by the administrator, shall divulge any
information secured by the employee while in the employ of the
bureau in respect to a vendor's application for certification or
in respect to the business or other trade processes of any vendor
to any person other than the administrator or to the employee's
superior.
(2) Notwithstanding the restrictions imposed by division
(D)(1)
of this section, the governor, members of select or
standing committees of the
senate or house of representatives, the
auditor
of state, the attorney general, or their designees,
pursuant to the
authority granted in this chapter and Chapter
4123. of the
Revised Code, may examine any vendor application
or
other information furnished to the bureau by the vendor. None
of
those individuals shall divulge any information secured in the
exercise of that authority in respect to a vendor's application
for certification or in respect to the business or other trade
processes of any vendor to any person.
(E) On and after January 1, 2001, a vendor shall
not be any
insurance company holding a certificate of authority issued
pursuant to
Title XXXIX of the Revised Code or any
health insuring
corporation holding a certificate of authority under Chapter 1751.
of the Revised Code.
(F) The administrator may
limit freedom of choice of health
care provider or supplier by
requiring, beginning with the period
set forth in division
(B)(1) or (2) of this section, that
claimants shall pay an
appropriate
out-of-plan copayment for
selecting a medical provider
not within
the health partnership
program as provided for in this section.
(G) The administrator, six
months prior to the expiration of
the bureau's
certification or recertification of the vendor or
vendors as set forth
in division (B)(1) or (2) of this
section,
may certify and provide evidence to the governor, the
speaker of
the house of representatives, and the president of the
senate that
the existing bureau staff is able to match or exceed
the
performance and outcomes of the external vendor or vendors
and
that the bureau should be permitted to internally administer
the
health partnership program upon the expiration of
the
certification or recertification as set forth in
division (B)(1)
or (2) of this section.
(H) The administrator shall establish and operate a bureau
of workers'
compensation health care
data program.
The
administrator may contract with the Ohio
health care data center
for such purposes. The
administrator shall develop reporting
requirements from all
employees, employers and medical providers,
medical vendors, and
plans that participate in the workers'
compensation system. The
administrator shall do all of the
following:
(1) Utilize the collected data to measure and perform
comparison analyses of costs, quality, appropriateness of medical
care, and effectiveness of medical care delivered by
all
components of the workers' compensation system.
(2) Compile data to support activities of the selected
vendor or vendors and to measure the outcomes and savings of the
health partnership program.
(3) Publish and report compiled data to the governor, the
speaker of the house of representatives, and the president of the
senate on the first day of
each January and July, the measures of
outcomes and savings of the health partnership program and the
qualified health plan system. The administrator shall protect
the
confidentiality of all proprietary pricing data.
(I) Any rehabilitation facility the bureau operates is
eligible for inclusion in the Ohio workers' compensation
qualified
health plan system or the health partnership program
under the
same terms as other providers within health care plans
or the
program.
(J) In areas outside the state or within the state where
no
qualified health plan or an inadequate number of providers
within
the health partnership program exist, the administrator
shall
permit employees to use a nonplan or nonprogram health care
provider and shall pay the provider for the services or supplies
provided to or on behalf of an employee for an injury or
occupational disease that is compensable under this chapter or
Chapter 4123., 4127., or 4131. of the Revised Code on a fee
schedule the administrator adopts.
(K) No certified health care provider shall charge,
assess,
or otherwise attempt to collect from an employee, employer, a
managed
care organization, or the bureau any amount for covered
services or supplies that is in excess of the allowed
amount paid
by a managed care organization, the bureau, or a qualified
health
plan.
(L) The administrator shall permit any employer or group
of
employers who agree to abide by the rules adopted under this
section and sections 4121.441 and 4121.442 of the Revised Code to
provide services or supplies to or on behalf of an employee for
an
injury or occupational disease that is compensable under this
chapter or Chapter 4123., 4127., or 4131. of the Revised Code
through qualified health plans of the Ohio workers' compensation
qualified health plan system pursuant to section 4121.442 of the
Revised Code or through the health partnership program pursuant
to
section 4121.441 of the Revised Code. No amount paid under
the
qualified health plan system pursuant to section 4121.442 of
the
Revised Code by an employer who is a state fund employer
shall be
charged to the employer's experience or otherwise be
used in
merit-rating or determining the risk of that employer for
the
purpose of the payment of premiums under this chapter, and if
the
employer is a self-insuring employer, the employer shall not
include that amount in the paid compensation the employer
reports
under section 4123.35 of the Revised Code.
Sec. 4123.27. Information contained in the annual
statement
provided for in section 4123.26 of the Revised Code,
and such
other information as may be furnished to the bureau of
workers'
compensation by employers in pursuance of that section, is
for the
exclusive use and information of the bureau in the
discharge of
its official duties, and shall not be open to the
public nor be
used in any court in any action or proceeding
pending therein
unless the bureau is a party to the action or
proceeding; but the
information contained in the statement may be
tabulated and
published by the bureau in statistical form for the
use and
information of other state departments and the public. No person
in
the employ of the bureau, except those who are authorized by
the
administrator of workers' compensation, shall divulge any
information secured
by the person while in the employ of the
bureau in respect
to the transactions, property, claim files,
records, or papers of the bureau
or in respect to the business or
mechanical,
chemical, or other industrial process of any company,
firm,
corporation, person, association, partnership, or public
utility
to any person other than the administrator or to the
superior of such employee
of the bureau.
Notwithstanding the restrictions imposed by this section,
the
governor, select or standing committees of the general
assembly,
the auditor of state, the attorney general, or their
designees,
pursuant to the authority granted in this chapter and
Chapter
4121. of the Revised Code, may examine any records, claim
files,
or papers in possession of the industrial commission or
the
bureau. They also are bound by the privilege that attaches
to
these papers.
The administrator shall report to the director of job and
family services or to the county director of job and
family
services the name,
address, and social security number or other
identification
number of any person receiving workers'
compensation whose name
or social security number or other
identification number is the
same as that of a person required by
a court or child support
enforcement agency to provide support
payments to a recipient or
participant of public assistance, and
whose name is submitted to the
administrator by the director under
section 5101.36 of the
Revised Code. The administrator also shall
inform the director
of the amount of workers' compensation paid to
the person during
such period as the director specifies.
Within fourteen days after receiving from the director of
job
and family services a list of the names and social
security
numbers of
recipients or participants of public assistance
pursuant to section
5101.181 of
the Revised Code, the
administrator shall inform the auditor of
state of the name,
current or most recent address, and social
security number of each
person receiving workers' compensation
pursuant to this chapter
whose name and social security number
are the same as that of a
person whose name or social security
number was submitted by the
director. The administrator
also shall inform the auditor of
state of the amount of workers'
compensation paid to the person
during such period as the
director specifies.
The bureau and its employees, except for purposes of
furnishing the auditor of state with information required by this
section, shall preserve the confidentiality of recipients or
participants of public assistance in compliance with division (A)
of
section 5101.181 of
the Revised Code.
For the purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code,
Ohio works
first provided under Chapter 5107. of the
Revised Code,
prevention, retention, and contingency
assistance
benefits and
services provided
under Chapter 5108. of the Revised Code, or
disability assistance
provided under Chapter 5115. of the Revised
Code.
Sec. 4301.12. The division of liquor control shall
provide
for the custody, safekeeping, and deposit of all moneys,
checks,
and drafts received by it or any of its employees or
agents prior
to paying them to the treasurer of state as provided
by section
113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for
each
gallon of spirituous liquor sold by the division during
the period
covered by the payment shall be paid into the state
treasury to
the credit of the general revenue fund. All moneys
received from
permit fees shall be paid to the credit of the
undivided liquor
permit fund established by section 4301.30 of
the Revised Code.
Except as otherwise provided by law, all moneys collected
under Chapters 4301. and 4303. of the Revised Code shall be paid
by the division into the state treasury to the credit of the
liquor control fund, which is hereby created. Amounts in the
liquor
control fund may be used to pay the operating expenses of
the liquor control
commission.
Whenever, in the judgment of the director of budget and
management, the amount in
the custody of the treasurer of state
to
the credit of the liquor control fund is in excess of that
needed
to meet the maturing obligations of the division, as working
capital
for its further operations
and, to pay the operating
expenses of the
commission, and
as required for the alcohol
testing program
under section 3701.143 of the Revised Code, the
director shall transfer the
excess to the
state treasury to the
credit of the general revenue fund.
Sec. 4301.17. (A) Subject to local option as provided in
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor
stores or agencies may be established in each county. One
additional store may be established in any county for each thirty
thousand of population of
such
that county or major fraction
thereof
in
excess of the first forty thousand, according to the
last
preceding federal census. A person engaged in a mercantile
business may act as the agent for the division of
liquor
control
for the sale of spirituous liquor in a municipal
corporation, in
the unincorporated area
of a township of not less than two
thousand population, or in
an area designated and approved as a
resort area under section
4303.262 of the Revised Code, provided
that not more than one
agency contract shall be awarded in the
unincorporated area of a
county for each fifty thousand population
of the county. The
division shall
fix
the compensation for such
an agent
in
such
the
manner
as it
deems
considers best, but
such
the compensation shall not
exceed
seven per cent of the gross
sales made by
such
the agent in any
one
year.
Except as otherwise provided in this section, no mercantile
business
that sells beer or intoxicating
liquor for consumption on
the premises under a permit issued by
the division shall operate
an agency store at
such
the premises or
at any adjacent premises.
An
agency to which a D-1 permit has been
issued may offer for sale
tasting samples of beer, an agency
to which a
D-2 permit has been
issued may offer for sale tasting samples of wine
and mixed
beverages, and an agency to which a D-5 permit
has been issued may
offer for sale tasting samples of beer, wine, and mixed
beverages,
but not spirituous liquor. A tasting sample shall not be sold
for
the purpose of
general consumption. As used in this section,
"tasting sample" means a small
amount of beer, wine, or mixed
beverages that is provided in not more than
four servings of not
more than two ounces each to an authorized purchaser and
that
allows the purchaser to determine, by tasting only, the quality
and
character of the beverage.
(B) When an agency contract is proposed or when an existing
agency
contract is assigned, before entering into any
such
contract or
consenting to any assignment, the division shall
notify the
legislative authority of the municipal corporation
in
which the agency store is to be located, or the
board
of county
commissioners and the board of township trustees
of the
county and
the township in which the agency store is to be
located
if the
agency store is to be located outside the
corporate limits
of a
municipal corporation, of the proposed
contract
or assignment, and
an
opportunity shall be provided officials or
employees of the
municipal corporation or county and township for
a complete
hearing upon the advisability of entering into the
agency
contract
or consenting to the assignment. When the division sends notice
to the
legislative
authority of the political subdivision, the
department shall
notify, by certified mail or by personal
service,
the chief peace
officer of the political subdivision,
who may
appear and testify,
either in person or through a
representative,
at any hearing held
on the advisability of
entering into the
agency contract
or consenting to the assignment.
On or after July 21, 1986, if
If
the proposed agency store
would
be located within five hundred
feet of a school, church,
library,
public playground, or township
park, the division shall
not enter
into an agency contract
until it has provided notice of
the
proposed contract to the
authorities in control of the school,
church, library, public
playground, or township park and has
provided
such officials
those authorities with
an opportunity for
a complete hearing
upon the advisability of
entering into the
contract. If an agency
store so located is
operating under an
agency contract,
the
division may consent to the assignment of
that
contract to operate
an agency store at the same location,
provided that
but the division
shall not consent to an assignment
until it has notified the
authorities in control of the school,
church, library, public
playground, or township park and has
provided
such officials
those authorities with
an opportunity for
a complete
hearing upon the advisability of
consenting to the
assignment.
Any hearing
provided for in this division shall be held in
the
central office of the division,
except that upon
written
request of the legislative authority of the municipal
corporation,
the board of county commissioners, or board of
township trustees,
the hearing shall be held in the county seat
of the county where
the proposed agency store is to be located.
(C) All agency contracts entered into by the division
pursuant to this section shall be in writing and shall contain a
clause providing for the termination of the contract at will by
the division upon its giving ninety days' notice in writing to
such
the agent of its intention to do so. Any agency contract may
include a clause requiring the agent to report to the appropriate
law enforcement agency the name and address of any individual
under twenty-one years of age who attempts to make an illegal
purchase.
An agent may engage in the selling of beer, mixed
beverages,
and wine pursuant to permits issued to the agent under
Chapter
4303. of the Revised Code.
The division shall issue a C-1 and C-2 permit to each
agent
who prior to
November 1, 1994, had not been issued both of these
permits,
notwithstanding the population quota restrictions
contained in section 4303.29
of the Revised Code or in any rule of
the liquor control commission and
notwithstanding the requirements
of section 4303.31 of the Revised Code. The
location of a C-1 or
C-2 permit issued to such an agent shall not be
transferred. The
division shall revoke any C-1 or C-2
permit issued to
an agent
under this paragraph if the agent no longer operates an agency
store.
No person shall operate, or
have any interest, directly or
indirectly, in more than
four
eight state
agencies in any one
county or
more than
eight
twelve state agencies in
the state for
the sale of
spirituous liquor. For purposes of
this section, a
person has an
interest in a state agency if the
person is a
partner, member,
officer, or director of, or a
shareholder owning
ten per cent or
more of the capital stock of,
any legal entity
with which the
department has entered into an
agency contract.
The division may enter into agreements with the department
of
development to
implement a minority loan program to provide
low-interest loans to minority
business enterprises, as defined in
section 122.71 of the Revised Code, that
are awarded liquor agency
contracts or assignments.
(D) If the division closes a state liquor store and replaces
that store with
an agency store, any employees of the division
employed at that state liquor
store who lose their jobs at that
store as a result shall be given
preference by the agent who
operates the agency store in filling any vacancies that occur
among the agent's employees, if
such
that preference does not
conflict
with the agent's obligations pursuant to a collective
bargaining
agreement.
If the division closes a state liquor store and replaces the
store with an
agency store, any employees of the division employed
at the state liquor store
who lose their jobs at that store as a
result may displace other
employees as provided in sections
124.321 to 124.328 of the Revised Code. If
an employee cannot
displace other employees and is laid off, the employee
shall be
reinstated in another job as provided in sections 124.321 to
124.328
of the Revised Code, except that the employee's rights of
reinstatement in a
job at a state liquor store shall continue for
a period of two years after the
date of the employee's layoff and
shall apply to jobs at state liquor stores
located in the
employee's layoff jurisdiction and any layoff jurisdiction
adjacent to the employee's layoff jurisdiction.
(E) The division shall require every
such agent to
give bond
with surety to the satisfaction of the division, in
such
the
amount
as
the division fixes, conditioned for the faithful
performance of
the agent's
duties as prescribed by the division.
Sec. 4301.422. (A) Any person who makes sales of beer,
cider, wine, or mixed
beverages to persons for resale at retail in
a
county in which a tax has been enacted
pursuant to section
4301.421 or 4301.424 of the Revised Code, and any
manufacturer,
bottler, importer, or other
person who makes sales at retail in
the county upon which the
tax has not been paid, is liable for the
tax. Each person liable
for the tax shall register with the tax
commissioner on a form
prescribed by the commissioner and provide
whatever information
the commissioner considers necessary.
(B) Each person liable for the tax shall file a return and
pay the tax to the
treasurer of state
tax commissioner by the last
day of the
month
following the month in which the sale occurred.
The return
is
considered to be filed when received by the
treasurer of
state
tax commissioner.
The return shall be
prescribed by the commissioner, and no
person
filing such a return
shall fail to provide the information
specified on the return. If
the return is filed and the amount
of
tax shown on the return to
be due is paid on or before the
date
the return is required to be
filed, the person required to
file
the return shall receive an
administrative fee of two and
one-half
per cent of that person's
total tax liability under
section
4301.421 of the Revised Code for
the purpose of
offsetting
additional costs incurred in collecting
and remitting
the tax.
Any person required to file a return who
fails to file
timely may
be required to forfeit and pay into the
state
treasury an amount
not exceeding fifty
dollars or ten per
cent of the tax due,
whichever is greater, as
revenue arising from
the tax. That
amount may be collected by
assessment in the manner
specified in
sections 4305.13 and
4305.131 of the Revised Code.
(C) A tax levied pursuant to section 4301.421 or 4301.424
of
the
Revised Code shall be administered by the tax commissioner.
The
commissioner shall have all powers and authority incident to
such
administration, including examination of records, audit,
refund,
assessment, and seizure and forfeiture of untaxed
beverages. The
procedures, rights, privileges, limitations,
prohibitions,
responsibilities, and duties specified in sections
4301.48 to
4301.52, 4305.13, 4305.131, and 4307.01 to 4307.12 of
the Revised
Code apply in the administration of the tax.
(D) Each person required to pay the tax levied pursuant to
section 4301.421 or 4301.424 of the Revised Code who sells beer,
cider, wine,
or mixed beverages for resale at retail within a
county in which
the tax is levied shall clearly mark on all
invoices, billings, and similar
documents the amount of tax and
the name of the county in which
the tax is levied.
(E) Each person required to pay the tax levied by section
4301.421 or 4301.424 of the Revised Code shall maintain complete
records of
all sales for at least three years. The records shall
be open
to inspection by the tax commissioner.
(F) All money collected by the tax commissioner under this
section shall be paid to the treasurer of state as revenue arising
from the tax imposed by section 4301.421 or 4301.424 of the
Revised Code.
Sec. 4301.43. (A) As used in sections 4301.43 to
4301.50 of
the Revised Code:
(1)
"Gallon" or
"wine gallon" means one
hundred twenty-eight
fluid ounces.
(2)
"Sale" or
"sell" includes exchange, barter,
gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the
support
of the state and encouraging the grape industries in the state, a
tax is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty
cents
per wine gallon for wine containing not less than four per
cent of
alcohol by volume and not more than fourteen per cent of
alcohol
by volume, ninety-eight cents per wine gallon for wine
containing
more than fourteen per cent but not more than
twenty-one per cent
of alcohol by volume, one dollar and eight
cents per wine gallon
for vermouth, and one dollar and
forty-eight cents per wine gallon
for sparkling and carbonated
wine and champagne, the tax to be
paid by the holders of A-2 and
B-5 permits or by any other person
selling or distributing wine
upon which no tax has been paid.
From
the tax paid under
this section on wine, vermouth, and
sparkling
and carbonated wine
and champagne, the treasurer of
state shall
credit to the Ohio
grape industries fund created under
section
924.54 of the Revised
Code a sum equal to one cent per
gallon for
each gallon upon
which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar and twenty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the
amount
of tax due. The tax on mixed beverages to be paid by
holders of
A-4 permits under this section shall not attach until
the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be
required prior to that time.
(D) During the period
from June 30, 1995,
until
of July 1,
2001,
through June 30, 2003, from the tax paid under this section
on wine, vermouth, and sparkling and carbonated wine and
champagne, the
treasurer of state shall credit to the Ohio grape
industries fund created under
section 924.54 of the Revised Code a
sum equal to two cents per gallon upon
which the tax is paid. The
amount credited under this division is in addition
to the amount
credited to the Ohio grape industries fund under division (B) of
this section.
(E) For the purpose of providing revenues for the support of
the
state, there
is hereby levied a tax on cider at the rate of
twenty-four cents per wine
gallon to be paid by the holders of A-2
and B-5 permits or
by any other person selling or distributing
cider upon which no tax has been
paid. Only one sale of the same
article shall be used in computing the amount
of the tax due.
Sec. 4303.33. (A) Every A-1 permit holder in this state,
every bottler,
importer, wholesale
dealer, broker, producer, or
manufacturer of beer outside this
state and within the United
States, and every B-1 permit holder
and importer importing beer
from any manufacturer, bottler,
person, or group of persons
however organized outside the United
States for sale or
distribution for sale in this state, on
or before the eighteenth
day of each month, shall make and file with
the
treasurer of state
tax commissioner
upon a form prescribed by the tax
commissioner an
advance tax
payment in an amount estimated to
equal the taxpayer's
tax
liability for the month in which
the advance tax payment is
made.
If the advance tax payment
credits
claimed on the report are
for
advance tax payments received by
the
treasurer of state
tax
commissioner on or
before the eighteenth day of the
month covered
by the report, the
taxpayer is entitled to an
additional credit of
three per cent of
the advance tax payment
and a discount of three
per cent shall be
allowed the taxpayer at
the time of filing the
report if filed as
provided in division
(B) of this section on any
amount by which
the tax liability
reflected in the report exceeds
the advance tax
payment estimate
by not more than ten per cent.
The additional
three per cent
credit and three per cent discount
shall be in
consideration for
advancing the payment of the tax and
other
services performed by
the permit holder and other taxpayers
in the
collection of the
tax.
The treasurer of state shall stamp
or
otherwise mark
thereon the date the advance tax payment was
received by the
treasurer and
the amount of the advance tax
payment, and shall transmit that
information to the tax
commissioner.
"Advance tax payment credit"
means credit for payments made
by an A-1 or B-1 permit holder and
any other persons during the
period covered by a report which was
made in anticipation of the
tax liability required to be reported
on that report.
"Tax liability" as used in
division (A) of this section means
the total gross tax liability
of an A-1 or B-1 permit holder and
any other persons for the
period covered by a report before any
allowance for credits and
discount.
(B) Every A-1 permit holder in
this state, every bottler,
importer, wholesale dealer, broker,
producer, or manufacturer of
beer outside this state and within
the United States, and every
B-1 permit holder importing beer
from any manufacturer, bottler,
person, or group of persons
however organized outside the United
States, on or before
the tenth day of each month, shall make and
file a report for the
preceding month upon a form prescribed by
the tax commissioner
which report shall show the amount of beer
produced, sold, and
distributed for sale in this state by the A-1
permit holder,
sold and distributed for sale in this state by each
manufacturer,
bottler, importer, wholesale dealer, or broker
outside this state
and within the United States, and the amount of
beer imported
into this state from outside the United States and
sold and
distributed for sale in this state by the B-1 permit
holder or
importer.
The report shall be filed by
mailing it to the
treasurer of
state
tax commissioner, together with payment
of the tax levied by
sections 4301.42
and 4305.01 of the Revised
Code shown to be due
on the report
after deduction of
advance payment
credits and any
additional
credits or discounts provided for
under this section.
The
treasurer of state shall stamp or
otherwise mark on each
report
the date it was received by the
treasurer, the amount of
the tax
payment accompanying the report, and
shall
transmit the
report to
the tax commissioner.
(C) Every A-2 and A-4, B-2, B-3,
B-4, and B-5 permit holder
in this state, on or before the
eighteenth day of each month,
shall make and file a report with the
treasurer of state
tax
commissioner upon a
form prescribed by the tax commissioner
which
report shall show,
on the report of each A-2 and A-4 permit
holder
the amount of
wine, cider, and mixed beverages produced
and sold,
or sold in
this state by each such A-2 and A-4 permit holder for
the next
preceding calendar month and such other information as
the tax
commissioner requires, and on the report of each such
B-2,
B-3,
B-4, and B-5 permit holder the amount of wine, cider,
and
mixed
beverages purchased from an importer, broker, wholesale
dealer,
producer, or manufacturer located outside this state and
sold and
distributed in this state by such B-2, B-3, B-4, and B-5
permit
holder, for the next preceding calendar month and such
other
information as the tax commissioner requires.
Every such A-2, A-4, B-2, B-3,
B-4, and B-5 permit holder in
this state shall remit with the
report the tax levied by sections
4301.43 and, if
applicable, 4301.432 of the
Revised Code less a
discount thereon of three per cent of the
total tax so levied and
paid, provided the return is filed
together with remittance of the
amount of tax shown to be due
thereon, within the time prescribed.
The treasurer of state
shall stamp or otherwise mark on all
reports the date it was
received by the treasurer and the amount
of tax payment
accompanying all
reports and shall transmit the
return to the commissioner. Any
permit holder or other persons
who fail to file a report under
this section, for each day the
person so fails, may be
required to forfeit and pay
into the state
treasury the sum of one dollar as revenue arising
from the tax
imposed by sections 4301.42, 4301.43, 4301.432, and
4305.01 of the
Revised Code, and that sum may be collected by
assessment in the
manner provided in section 4305.13 of the
Revised Code.
(D) Every B-1 permit holder and
importer in this state
importing beer from any manufacturer,
bottler, person, or group of
persons however organized, outside
the United States, if required
by the tax commissioner shall post
a bond payable to the state in
such form and amount as the
commissioner prescribes with surety to
the satisfaction of the
tax commissioner, conditioned upon the
payment to the
treasurer
of state
tax commissioner of taxes levied
by sections
4301.42 and 4305.01 of the
Revised Code.
(E) No such wine, beer, cider, or mixed beverages sold or
distributed
in this state shall be taxed more
than once under
sections 4301.42, 4301.43, and 4305.01 of the
Revised Code.
(F) As used in this section:
(1)
"Cider" has the same meaning as in section 4301.01 of
the
Revised Code.
(2)
"Wine" has the same meaning as in section 4301.01
of the
Revised Code, except that
"wine" does not include cider.
(G) All money collected by the tax commissioner under this
section shall be paid to the treasurer of state as revenue arising
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and
4305.01 of the Revised Code.
Sec. 4303.331. No permit holder
shall purchase and import
into this state any beer from any
manufacturer, bottler, importer,
wholesale dealer, or broker
outside this state and within the
United States unless and until
such manufacturer, bottler,
importer, wholesale dealer, or broker
registers with the tax
commissioner and supplies such information
as the commissioner may
require.
The commissioner may by rule
require any registrant to file
with the commissioner a bond
payable to the state in such form and
amount as the commissioner
prescribes with surety to the
satisfaction of the tax
commissioner conditioned upon the making
of the report to be made
to the
treasurer of state
tax
commissioner and the payment
to the
treasurer of
state
tax
commissioner of taxes levied by sections 4301.42 and
4305.01 of
the
Revised Code, all as provided in section 4303.33 of
the
Revised
Code.
Any such manufacturer, bottler,
importer, wholesale dealer,
or broker shall, as a part of such
registration, make the
secretary of state
his
its agent for the
service of process or
notice of any assessment, action, or
proceedings instituted in the
state against such person under
sections 4303.33, 4301.42, and
4305.01 of the Revised Code.
Such process or notice shall be
served, by the officer to
whom it is directed or by the tax
commissioner, or by the sheriff
of Franklin county, who may be
deputized for such purpose by the
officer to whom the service is
directed, upon the secretary of
state by leaving at the office of
the secretary of state, at least
fifteen days before the return
day of such process or notice, a
true and attested copy thereof,
and by sending to the defendant by
certified mail, postage
prepaid, a like and true attested copy,
with an endorsement
thereon of the service upon the secretary of
state, addressed to
such defendant at the address listed in the
registration or at
the defendant's last known address.
Any B-1 permit holder who
purchases beer from any
manufacturer, bottler, importer,
wholesale dealer, or broker
outside this state and within the
United States who has not
registered with the tax commissioner
and filed a bond as provided
in this section shall be liable for
any tax due on any beer
purchased from such unregistered
manufacturer, bottler, importer,
wholesale dealer, or broker and
shall be subject to any penalties
provided in Chapters 4301.,
4303., 4305., and 4307. of the Revised
Code.
Any B-1 permit holder who
purchases beer from any
manufacturer, bottler, importer,
wholesale dealer, or broker
outside this state and within the
United States who has complied
with this section shall not be
liable for any tax due to the state
on any beer purchased from
any such manufacturer, bottler,
importer, wholesale dealer, or
broker.
All money collected by the tax commissioner under this
section shall be paid to the treasurer of state as revenue arising
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and
4305.01 of the Revised Code.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff or chief of
police of the
municipal or township police with jurisdiction
over the political
subdivision in which the owner of the motor
vehicle resides.
Except as provided in section 4503.103
of the Revised Code, every
owner of every other motor vehicle
not previously described in
this section and every
person mentioned as owner in the last
certificate of title of a motor vehicle
that
is operated or driven
upon the public roads or highways shall
cause to be filed each
year, by mail or otherwise, in the office
of the registrar of
motor vehicles or a deputy registrar, a
written or electronic
application or a preprinted registration renewal
notice issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to renew a
motor
vehicle registration by electronic means using electronic
signature in
accordance with rules adopted by the registrar.
Except
as provided in division (J) of this
section, applications
for registration shall be made on blanks
furnished by the
registrar for that purpose, containing the
following information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number.
(B) Each time the applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a
certificate of title or a memorandum certificate
showing title to
the motor vehicle to be registered in the
applicant. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4507.168,
or division (B)(1) of section 4521.10 of the Revised Code.
(3) A
certificate of title or memorandum certificate of
title does not
accompany
the application.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate and on the inspection certificate for the motor
vehicle, if any. The official also shall indicate, by a stamp or
by such other means as the registrar prescribes, on the
registration certificate issued upon the first registration of a
motor vehicle by or on behalf of the owner the odometer reading
of
the motor vehicle as shown in the odometer statement included
in
or attached to the certificate of title. Upon each subsequent
registration of the motor vehicle by or on behalf of the same
owner, the official also shall so indicate the odometer reading
of
the motor vehicle as shown on the immediately preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and twenty-five cents
three dollars commencing on July 1,
2001, three dollars and twenty-five cents commencing on January 1,
2003, and three dollars and fifty cents commencing on January 1,
2004, for each application for
registration and registration
renewal notice the
deputy registrar receives,
which shall be for
the purpose of compensating the deputy
registrar for the deputy
registrar's services, and such
office and rental expenses,
as may
be necessary for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
licenses.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and twenty-five cents
three dollars commencing on July 1, 2001,
three dollars and twenty-five cents commencing on January 1, 2003,
and three dollars and fifty cents commencing on January 1, 2004,
for each application.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail or by electronic means. Any person
owning
a motor vehicle that was registered in the person's name
during the
preceding registration
year shall renew the
registration of the motor vehicle not more than ninety
days prior
to the expiration date of the registration either by
mail or by
electronic means through the
centralized system of registration
established
under this section, or in person at any office of the
registrar or at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a
renewal notice to the person in whose name the motor
vehicle is
registered. The renewal notice shall clearly state
that the
registration of the motor vehicle may be renewed by mail
or
electronic means
through the centralized system of registration or
in person at any office
of
the registrar or at a deputy
registrar's office and shall be preprinted
with information
including, but not limited to, the owner's name and
residence
address as shown in the records of the bureau of motor
vehicles, a
brief description of the motor vehicle to be
registered, notice of
the license taxes and fees due on the motor
vehicle, the toll-free
telephone number of the registrar as
required under division
(D)(1) of section 4503.031 of the Revised
Code, and any additional
information the registrar may require by
rule. The renewal notice
shall be sent by regular mail to
the owner's last known address as
shown in the records of the bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a
motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, division (A) of section
4503.13, division
(B) of section 4507.168,
or division (B)(1) of section 4521.10 of
the Revised Code, the registrar is
not required to send a renewal
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it either manually or by
electronic means, and return it, either by mail or electronic
means, or
the owner may take it in
person to any office of the
registrar or of a deputy registrar,
together with a financial
transaction device number,
when permitted by rule of the
registrar, check, or money order in the amount of the
registration
taxes and fees payable on the motor vehicle and a
mail fee of
two
dollars and twenty-five cents
three dollars commencing on July 1,
2001, three dollars and twenty-five cents commencing on January 1,
2003, and three dollars and fifty cents commencing on January 1,
2004, plus postage as
indicated on the notice, if the registration
is renewed by mail,
and an inspection certificate for the motor
vehicle as provided
in section 3704.14 of the Revised Code. If
the motor vehicle owner chooses
to renew the motor vehicle
registration by electronic means,
the owner shall proceed in
accordance with the rules the registrar adopts.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section 4507.168, or division
(B)(1) of section
4521.10 of the Revised Code prohibits acceptance
of the renewal notice, or if
the owner or lessee does not have an
inspection certificate for the motor
vehicle as provided in
section 3704.14 of the Revised Code, if
that section is
applicable, the license shall be refused, and the
registrar or
deputy registrar shall so notify the owner. This
section does not
require the payment of license or registration
taxes on a motor
vehicle for any preceding year, or for any
preceding period of a
year, if the motor vehicle was not taxable
for that preceding year
or period under section 4503.02, 4503.04,
4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and sign the application
manually or by electronic means
and submit the application and
pay any applicable
license taxes
and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application
for
registration and the registrar is prohibited by division (D)
of
section 2935.27, division (A) of section 2937.221, division (A)
of
section 4503.13, division
(B) of section 4507.168, or division
(B)(1) of section
4521.10 of the Revised Code from accepting the
application, the registrar
shall return the
application and the
payment to the owner. If the owner of a motor vehicle
submits a
registration renewal application to the registrar by electronic
means and the registrar is prohibited from accepting the
application as provided in this division, the registrar shall
notify the
owner of this fact and deny the application and return
the payment or give a
credit on the financial transaction device
account
of the owner in
the manner the registrar prescribes by
rule adopted pursuant to division
(A) of this section.
(F) Every deputy registrar shall post in a prominent place
at the deputy's office a notice informing the public of the
mail
registration system required by this section and also shall post
a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The
two dollars and twenty-five cents
three dollars fee
collected from July 1, 2001, through December 31, 2002, the three
dollars and twenty-five cents fee collected from January 1, 2003,
through December 31, 2003, and the three dollars and fifty cents
fee collected after January 1, 2004, plus
postage and any
financial transaction device
surcharge collected by the registrar
for registration by mail, shall be paid to the credit of the
state
bureau of motor vehicles fund
established by section 4501.25 of
the Revised Code.
(H) Pursuant to section 113.40 of the Revised Code, the
registrar may implement a program
permitting payment of motor
vehicle registration taxes and fees,
driver's license and
commercial driver's license fees, and any
other taxes, fees,
penalties, or charges imposed or levied by the state
by means of a
financial transaction device.
The registrar may adopt rules as
necessary for this purpose.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.12. Upon the transfer of ownership of a motor
vehicle, the registration of the motor vehicle expires and
the
original owner immediately shall remove the license plates
from
the motor vehicle, except that:
(A) If a statutory merger or consolidation results in the
transfer of ownership of a motor vehicle from a constituent
corporation to the surviving corporation, or if the
incorporation
of a proprietorship or partnership results in the
transfer of
ownership of a motor vehicle from the proprietorship
or
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation,
within thirty days of such transfer, of an application for an
amended certificate of registration, unless such registration is
prohibited by division (D) of section 2935.27, division (A) of
section
2937.221, division (B) of section 4507.168, or division
(B)(1) of section
4521.10 of the Revised
Code. The application
shall be accompanied by a service fee of
two dollars and
twenty-five cents
three dollars commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, a
transfer fee of one dollar,
and the original certificate of
registration. Upon a proper
filing, the registrar of motor
vehicles shall issue an amended
certificate of registration in the
name of the new owner.
(B) If the death of the owner of a motor vehicle results
in
the transfer of ownership of the motor vehicle to the
surviving
spouse of the owner or if a motor vehicle is owned by
two persons
under joint ownership with right of survivorship
established under
section 2106.17 of the Revised Code and one of
those persons dies,
the registration shall be continued upon the
filing by the
surviving spouse of an application for an amended
certificate of
registration, unless such registration is
prohibited by division
(D) of section 2935.27,
division (A) of section
2937.221, division
(A) of section 4503.13, division
(B) of section 4507.168, or
division (B)(1) of section
4521.10 of the
Revised
Code. The
application shall be accompanied by a service fee of
two dollars
and twenty-five cents
three dollars commencing on July 1, 2001,
three dollars and twenty-five cents commencing on January 1, 2003,
and three dollars and fifty cents commencing on January 1, 2004, a
transfer fee of one dollar,
the original certificate of
registration, and, in relation to a
motor vehicle that is owned by
two persons under joint ownership
with right of survivorship
established under section 2106.17 of
the Revised Code, by a copy
of the certificate of title that
specifies that the vehicle is
owned under joint ownership with
right of survivorship. Upon a
proper filing, the registrar shall
issue an amended certificate of
registration in the name of the
surviving spouse.
(C) If the original owner of a motor vehicle that has been
transferred makes application for the registration of another
motor vehicle at any time during the remainder of the
registration
period for which the transferred motor vehicle was
registered, the
owner, unless such registration is prohibited by
division (D) of
section 2935.27, division (A) of section 2937.221, division
(A) of
section 4503.13, division
(E) of section 4503.234,
division (B) of
section 4507.168, or division (B)(1) of section 4521.10 of the
Revised
Code, may file an application for transfer of the
registration
and, where applicable, the license plates,
accompanied by a
service fee of
two dollars and twenty-five cents
three dollars commencing on July 1, 2001, three dollars and
twenty-five cents commencing on January 1, 2003, and three dollars
and fifty cents commencing on January 1, 2004, a transfer fee
of
one dollar, and the original certificate of registration. The
transfer of the registration and, where applicable, the license
plates from the motor vehicle for which they originally were
issued to a succeeding motor vehicle purchased by the same person
in whose name the original registration and license plates were
issued shall be done within a period not to exceed thirty days.
During that thirty-day period, the license plates from the motor
vehicle
for which they originally were issued may be displayed on
the succeeding motor
vehicle, and the succeeding motor vehicle may
be operated on the public roads
and highways in this state.
At the time of application for transfer, the registrar shall
compute and collect the amount of tax due on the succeeding motor
vehicle, based upon the amount that would be due on a new
registration as of the date on which the transfer is made less a
credit for the unused portion of the original registration
beginning on that date. If the credit exceeds the amount of tax
due on the new registration, no refund shall be made. In
computing the amount of tax due and credits to be allowed under
this division, the provisions of division (B)(1)(a) and (b) of
section 4503.11
of the Revised Code shall apply. As to passenger
cars,
noncommercial vehicles, motor homes, and motorcycles,
transfers
within or between these classes of motor vehicles only
shall be
allowed. If the succeeding motor vehicle is of a
different class
than the motor vehicle for which the registration
originally was
issued, new license plates also shall be issued
upon the
surrender of the license plates originally issued and
payment of
the fees
provided in divisions (C) and (D) of section
4503.10 of the
Revised Code.
(D) The owner of a commercial car having a gross vehicle
weight or combined gross vehicle weight of more than ten thousand
pounds may transfer the registration of that commercial car to
another commercial car the owner owns without transferring
ownership
of
the first commercial car, unless registration of the
second
commercial car is prohibited by division (D) of section
2935.27, division (A)
of section 2937.221, division (A) of section
4503.13,
division (B) of section 4507.168, or division (B)(1) of
section 4521.10
of the Revised Code. At any time during the
remainder of the
registration period for which the first
commercial car was
registered, the owner may file an application
for the transfer of
the registration and, where applicable, the
license plates,
accompanied by a service fee of
two dollars and
twenty-five
cents
three dollars commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, a
transfer fee of one dollar, and the certificate of
registration of
the first commercial car. The amount of any tax
due or credit to
be allowed for a transfer of registration under
this division
shall be computed in accordance with division (C)
of this section.
No commercial car to which a registration is transferred
under this division shall be operated on a public road or highway
in this
state until after the transfer of registration is
completed in
accordance with this division.
(E) Upon application to the registrar or a deputy
registrar,
a person who owns or leases a
motor vehicle may transfer
special
license plates assigned to that vehicle to any other
vehicle that
the person owns or leases or that is owned or
leased by the
person's spouse. The application shall be
accompanied by a
service fee of
two dollars and twenty-five cents
three dollars
commencing on July 1, 2001, three dollars and twenty-five cents
commencing on January 1, 2003, and three dollars and fifty cents
commencing on January 1, 2004, a transfer fee of one dollar,
and
the original certificate of registration. As appropriate,
the
application also shall be accompanied by a power of attorney
for
the registration of a leased vehicle and a written statement
releasing the special plates to the applicant. Upon a proper
filing, the registrar or deputy registrar shall assign the
special
license plates to the motor vehicle owned or leased by
the
applicant and issue a new certificate of registration for
that
motor vehicle.
As used in division (E) of this section, "special license
plates" means either of the following:
(1) Any license plates for which the person to whom the
license plates are issued must pay an additional fee in excess of
the fees prescribed in section 4503.04 of the Revised Code,
Chapter 4504. of the Revised Code, and the service fee prescribed
in division (D) or (G) of section 4503.10 of the Revised Code;
(2) License plates issued under section 4503.44 of the
Revised Code.
Sec. 4503.182. (A) A purchaser of a motor
vehicle, upon
application and proof of purchase of the vehicle, may be
issued
a
temporary license placard or windshield sticker for the
motor
vehicle.
The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been
issued
previously
during the
current registration year a license plate
that could
legally be transferred to such vehicle.
Placards or windshield stickers shall be issued only for
the
applicant's use of the vehicle to enable
the
applicant to legally
operate the motor vehicle while proper title,
license plates, and
a certificate of registration
are being obtained, and shall be
displayed on no
other motor vehicle.
Placards or windshield stickers issued under this section
are
valid for a period of thirty days from date of
issuance
and are
not transferable or renewable.
The fee for such placards or windshield stickers is
two
dollars plus a fee of
two dollars and twenty-five cents
three
dollars commencing on July 1, 2001, three dollars and twenty-five
cents commencing on January 1, 2003, and three dollars and fifty
cents commencing on January 1, 2004, for
each such placard issued
by a deputy registrar.
(B) The registrar of motor vehicles may issue to a
motorized
bicycle dealer or a licensed motor vehicle dealer
temporary
license placards to be issued to purchasers for use on
vehicles
sold by the licensed dealer, in accordance with
rules
prescribed
by the registrar. The dealer shall notify the
registrar within
forty-eight hours of proof of issuance on a form
prescribed by the
registrar.
The fee for each such placard issued by the registrar to
a
licensed motor vehicle dealer is
two dollars plus a fee of
two
dollars and twenty-five cents
three dollars commencing on July 1,
2001, three dollars and twenty-five cents commencing on January 1,
2003, and three dollars and fifty cents commencing on January 1,
2004.
(C) The registrar of motor vehicles, at the
registrar's
discretion, may issue a temporary license placard. Such a
placard
may
be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle.
(D) The registrar shall adopt
rules, in accordance with
division (B) of section 111.15 of the
Revised Code, to specify the
procedures for reporting the
information from applications for
temporary license placards
and windshield stickers and for
providing the information from these
applications to law
enforcement agencies.
(E) Temporary license
placards issued under this section
shall bear a distinctive combination of
seven
letters, numerals,
or letters and numerals, and shall incorporate
a security feature
that, to the greatest degree possible, prevents tampering
with any
of the information that is entered upon a placard when it is
issued.
(F) As used in this section, "motorized bicycle dealer"
means any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4504.05. The moneys received from a county motor
vehicle license tax shall be allocated and distributed as
follows:
(A) First, for payment of the costs and expenses incurred
by
the county in the enforcement and administration of the tax;
(B) The remainder of such moneys shall be credited to
funds
as follows:
(1) With respect to county motor vehicle tax moneys
received
under section 4504.02 of the Revised Code, that part of
the total
amount which is in the same proportion to the total as
the number
of motor vehicles registered in the municipal
corporations in the
county that did not levy a municipal motor
vehicle license tax
immediately prior to the adoption of the
county motor vehicle
license tax is to the total number of motor
vehicles registered in
the county in the most recent registration
year, shall be placed
in a separate fund to be allocated and
distributed as provided in
section 4504.04 of the Revised Code.
The remaining portion shall be placed in the county motor
vehicle license and gasoline tax fund and shall be allocated and
disbursed only for the purposes specified in section 4504.02 of
the Revised Code, other than paying all or part of the costs and
expenses of municipal corporations in constructing,
reconstructing, improving, maintaining, and repairing highways,
roads, and streets designated as necessary and conducive to the
orderly and efficient flow of traffic within and through the
county pursuant to section 4504.03 of the Revised Code.
(2) With respect to county motor vehicle tax moneys
received
under section 4504.15 of the Revised Code:
(a) That arising from motor vehicles the district of
registration of which is a municipal corporation within the
county
that is not levying the tax authorized by section 4504.17
of the
Revised Code shall be allocated fifty per cent to the
county and
fifty per cent to such municipal corporation in an
amount equal to
the amount of the tax per motor vehicle
registered during the
preceding month in that part of the
municipal corporation located
within the county. Moneys
allocated to a municipal corporation
under this section shall be
paid directly into the treasury of the
municipal corporation as
provided in section 4501.042 of the
Revised Code and used only
for the purposes described in section
4504.06 of the Revised
Code. The first distribution shall be made
to a municipal
corporation under this division in the second month
after the
county motor vehicle license tax is imposed under
section 4504.15
of the Revised Code.
(b)
That arising from motor vehicles the district of
registration of which is in an unincorporated area of the county
shall be allocated seventy per cent to the county and thirty per
cent to the townships in which the owners of the motor vehicles
reside in an amount equal to the amount of the tax per motor
vehicle owned by such a resident in each such township and
registered during the preceding month in the county.
The moneys
allocated to townships shall be paid into the
treasuries of the
townships and shall be used only for the
purposes described in
section 4504.18 of the Revised Code. The
first distribution
shall
be made under this division in the second
month after the
county
motor vehicle license tax is imposed under
section 4504.15
of the
Revised Code.
(3) With respect to county motor vehicle tax moneys
received
under section 4504.16 of the Revised Code:
(a) That arising from motor vehicles the district of
registration of which is a municipal corporation within the
county
that is not levying the tax authorized by section 4504.171
of the
Revised Code shall be allocated to the county;
(b)
That
Except as otherwise provided in division (B)(3)(b)
of this section, that arising from motor vehicles the district of
registration of which is in an unincorporated area of the county
shall be allocated seventy per cent to the county and thirty per
cent to the townships in which the owners of the motor vehicles
reside in an amount equal to the amount of the tax per motor
vehicle owned by such a resident in each such township and
registered during the preceding month in the county.
The
A board of township trustees may pass a resolution
requesting
an increase in the percentage of moneys allocated to
the township
under division (B)(3)(b) of this section and, upon
passage, shall
forward the resolution to the board of county
commissioners.
Within ninety days after receipt of a resolution
from a township
requesting an increase in the percentage of moneys
allocated to
it, a board of county commissioners shall consider
and may pass a
resolution increasing the percentage of moneys
allocated to a
township under division (B)(3)(b) of this section.
A board of
county commissioners also may initiate and pass a
resolution
increasing the percentage of moneys allocated to a
township under
division (B)(3)(b) of this section. If a board of
county
commissioners passes a resolution under division (B)(3)(b)
of this
section, it shall forward the resolution to the county
treasurer,
and the resolution shall continue until revoked by the
board of
county commissioners. The county treasurer shall make
the first
distribution under any new allocation in the second
month after
receiving the resolution.
The moneys
allocated to townships shall be paid into the
treasuries of the
townships and shall be used only for the
purposes described in
section 4504.18 of the Revised Code. The
first distribution
shall
be made under this division in the second
month after the
county
motor vehicle license tax is imposed under
section 4504.16
of the
Revised Code.
Sec. 4505.061. If the application for a certificate of
title
refers to a motor vehicle last previously registered in
another
state, the application shall be accompanied by a physical
inspection certificate issued by the department of public safety
verifying the make, body type, model, and manufacturer's vehicle
identification number
of the motor vehicle for which the
certificate of title is
desired. The physical inspection
certificate shall be in such
form as is designated by the
registrar of motor vehicles. The
physical inspection of the motor
vehicle shall be made at a
deputy registrar's office, or at an
established place of business
operated by a licensed motor vehicle
dealer. Additionally, the
physical inspection of a salvage
vehicle owned by an insurance
company may be made at an
established place of business operated
by a salvage motor vehicle
dealer licensed under Chapter 4738. of
the Revised Code. The
deputy registrar, the motor vehicle
dealer, or the salvage motor
vehicle dealer may charge a maximum
fee of
one dollar and fifty
cents
three dollars commencing on July 1, 2001, three dollars and
twenty-five cents commencing on January 1, 2003, and three dollars
and fifty cents commencing on January 1, 2004, for conducting the
physical
inspection.
The clerk of the court of common pleas shall charge a fee
of
one dollar and fifty cents for the processing of each physical
inspection certificate. The clerk shall retain fifty cents of
the
one dollar and fifty cents so charged and shall pay the
remaining
one dollar to the registrar by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the
month next
succeeding that in which the certificate is received by
the clerk. The
registrar shall pay such remaining sums into the
state bureau of motor
vehicles fund established by section 4501.25
of the Revised Code.
Sec. 4506.08. (A) Each application for a commercial
driver's license temporary instruction permit shall be
accompanied
by a fee of ten dollars; except as provided in
division (B) of
this section, each application for a commercial
driver's license,
restricted commercial driver's license, or
renewal of such a
license shall be accompanied by a fee of twenty-five
dollars; and
each application for a duplicate commercial driver's
license shall
be accompanied by a fee of ten dollars. In addition, the
registrar of motor vehicles or deputy registrar may collect and
retain
an additional fee of no more than
two dollars and
twenty-five cents
three dollars commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, for
each
application for a commercial driver's license temporary
instruction permit,
commercial driver's license, renewal of a
commercial driver's license, or
duplicate commercial
driver's
license received by the registrar or deputy. No
fee shall be
charged for the annual
issuance of a waiver for farm-related
service industries pursuant
to section 4506.24 of the Revised
Code.
Each deputy registrar shall transmit the fees collected to
the registrar at the time and in the manner
prescribed by the
registrar by rule. The registrar shall pay the
fees into the
state highway safety fund established in section
4501.06 of the
Revised Code.
(B) Information regarding the driving record of any person
holding a commercial driver's license issued by this state shall
be furnished by the registrar, upon request and payment of a fee
of three dollars, to the employer or prospective employer of such
a person and to any insurer.
Sec. 4507.23. (A) Except as provided in division (H)
of
this section, each application for a temporary
instruction permit
and examination shall be accompanied by a fee
of four dollars.
(B) Except as provided in division
(H) of this section, each
application for a driver's license made
by a person who previously
held such a license and whose license has
expired not more than
two years prior to the date of application,
and who is required
under this chapter to give an actual
demonstration of the person's
ability to drive, shall be
accompanied by a
fee of three dollars
in addition to any other fees.
(C) Except as provided in divisions (E) and (H) of this
section, each application for a driver's license, or motorcycle
operator's
endorsement, or renewal of a driver's license shall be
accompanied by a fee of six dollars. Except as provided in
division (H) of this section, each application for a
duplicate
driver's license shall be accompanied by a fee of two
dollars and
fifty cents. The duplicate driver's licenses issued
under this
section shall be distributed by the deputy registrar
in accordance
with rules adopted by the registrar of motor
vehicles.
(D) Except as provided in division (H) of this
section, each
application for a motorized bicycle license or
duplicate thereof
shall be accompanied by a fee of two dollars and
fifty cents.
(E) Except as provided in division (H) of this
section, each
application for a driver's license or renewal of
a driver's
license that will be issued to a person who is less
than
twenty-one years of age shall be accompanied by whichever of
the
following fees is applicable:
(1) If the person is sixteen years of age or older, but
less
than seventeen years of age, a fee of seven dollars and
twenty-five cents;
(2) If the person is seventeen years of age or older, but
less than eighteen years of age, a fee of six dollars;
(3) If the person is eighteen years of age or older, but
less than nineteen years of age, a fee of four dollars and
seventy-five cents;
(4) If the person is nineteen years of age or older, but
less than twenty years of age, a fee of three dollars and fifty
cents;
(5) If the person is twenty years of age or older, but
less
than twenty-one years of age, a fee of two dollars and
twenty-five
cents.
(F) Neither the registrar nor any deputy registrar shall
charge a fee in excess of one dollar and fifty cents for
laminating a driver's license
or, motorized bicycle license, or
temporary instruction permit as
required by sections 4507.13 and
4511.521 of the Revised Code. A
deputy registrar laminating a
driver's license
or, motorized
bicycle license, or temporary
instruction permit shall retain the entire amount of the fee
charged
for lamination, less the actual cost to the registrar of
the
laminating materials used for that lamination, as specified in
the contract executed by the bureau for the laminating materials
and laminating equipment. The deputy registrar shall forward the
amount of the cost of the laminating materials to the registrar
for deposit as provided in this section.
(G) At the time and in the manner provided by section
4503.10 of the Revised Code, the deputy registrar shall transmit
the fees collected under divisions (A), (B), (C), (D), and (E),
and those portions of the fees specified in and collected under
division (F) of this section to the registrar. The registrar
shall pay two dollars and fifty cents of each fee collected under
divisions
(A), (B), (C), (D), and (E)(1) to (4) of this
section,
and the entire fee collected under division (E)(5)
of this
section, into the state highway safety fund
established in section
4501.06 of the Revised Code, and such fees shall be
used for the
sole purpose of supporting driver licensing activities. The
remaining fees collected by the registrar under this section shall
be paid
into the state bureau of motor vehicles fund established
in section 4501.25 of
the Revised Code.
(H) A disabled veteran who has a
service-connected
disability rated at one hundred per cent by
the veterans'
administration may apply to the registrar or a
deputy registrar
for the issuance to that veteran, without the
payment of any fee
prescribed in this section, of any of the
following items:
(1) A temporary instruction permit and examination;
(2) A new, renewal, or duplicate driver's or
commercial
driver's license;
(3) A motorcycle operator's endorsement;
(4) A motorized bicycle license or duplicate thereof;
(5) Lamination of a driver's license or motorized bicycle
license as
provided in division (F) of this section, if the
circumstances
specified in division (H)(5) of this section are
met.
If the driver's license or motorized bicycle license of a
disabled
veteran described in division (H) of this
section is
laminated by a deputy registrar who is acting as a deputy
registrar
pursuant to a contract with the registrar that is in
effect on
the
effective
date of this amendment
October 14, 1997,
the
disabled veteran shall be required to pay the
deputy registrar
the lamination fee provided in division
(F) of this section. If
the driver's license
or motorized bicycle license of such a
disabled veteran is laminated by a
deputy registrar who is acting
as a deputy registrar pursuant to a contract
with the registrar
that is executed after
the effective date of this
amendment
October 14, 1997,
the disabled veteran is not required to pay the
deputy registrar the
lamination fee provided in division (F) of
this
section.
A disabled veteran whose driver's license or motorized
bicycle license is
laminated by the registrar is not required to
pay the registrar any lamination
fee.
An application made under division (H) of this section shall
be
accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4507.24. (A) Except as provided in division (B)
of
this section, each deputy registrar may collect a fee
not to
exceed the following:
(1)
Three dollars and twenty-five cents
Four dollars
commencing on
July 1, 2001, four dollars and twenty-five cents
commencing on
January 1, 2003, and four dollars and fifty cents
commencing on
January 1, 2004, for each
application for renewal of
a
driver's license received by the
deputy registrar, when the
applicant is required to submit to a screening
of the applicant's
vision under section 4507.12 of the Revised
Code;
(2)
Two dollars and twenty-five cents
Three dollars
commencing on July 1, 2001, three dollars and twenty-five cents
commencing on January 1, 2003, and three dollars and fifty cents
commencing on January 1, 2004, for each application
for a driver's
license, or motorized bicycle license, or for
renewal of such a
license, received by the deputy registrar,
when the applicant is
not required to submit to a screening of the applicant's
vision
under section
4507.12 of the Revised Code.
(B) The fees prescribed by division (A) of this section
shall be in addition to the fee for a temporary instruction
permit
and examination, a driver's license, a motorized bicycle
license,
or duplicates thereof, and shall compensate the deputy
registrar
for the deputy registrar's services, for office
and rental
expense, and
for costs as provided in division (C) of this
section, as are
necessary for the proper discharge of the deputy
registrar's
duties under sections
4507.01 to 4507.39 of the
Revised Code.
A disabled veteran who has a service-connected
disability
rated at one hundred per cent by the veterans'
administration is
required to pay the applicable fee
prescribed in division (A) of
this section if the disabled veteran submits an
application for a
driver's license or motorized
bicycle license or a renewal of
either of these licenses
to a deputy registrar
who is acting as a
deputy registrar pursuant to a contract with the registrar
that is
in effect on the effective date of this amendment. The disabled
veteran also is required to submit with the disabled veteran's
application such documentary evidence of disability as the
registrar may
require by rule.
A disabled veteran who submits an application described in
this division
is not required to pay either of the fees prescribed
in division
(A) of this section if the disabled veteran
submits
the application to a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is
executed after the
effective date of this amendment. The disabled
veteran still is required to
submit with the disabled veteran's
application such documentary evidence of
disability as the
registrar may require by rule.
A disabled veteran who submits an application described in
this division
directly to the registrar is not required to pay
either of the fees prescribed
in division (A) of this section if
the
disabled veteran submits with the disabled veteran's
application such
documentary evidence of disability as the
registrar may require by
rule.
(C) Each deputy registrar shall transmit to the registrar
of
motor vehicles, at such time and in such manner as the
registrar
shall require by rule, an amount of each fee collected
under
division (A)(1) of this section as shall be determined by
the
registrar. The registrar shall pay all such moneys so received
into the
state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4507.50. (A) The registrar of motor vehicles or a
deputy
registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and,
except as
otherwise provided in this section, is not licensed as
an operator of a motor
vehicle in this state or another licensing
jurisdiction, and, except
as provided in division (B) of this
section, upon
receipt of a fee of three dollars and fifty cents,
shall issue an
identification card to that person.
Any person who is a resident or temporary resident of this
state whose
Ohio driver's or commercial driver's license has been
suspended or
revoked, upon application in compliance with section
4507.51
of the Revised Code and, except as provided in division
(B)
if
of this section, payment of a fee of three dollars and
fifty cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective
dates
of the suspension or revocation of the cardholder's
license, or
until the birthday of the cardholder in the fourth
year after the
date on which it is issued, whichever is shorter.
The cardholder
shall surrender the identification card to
the registrar or any
deputy registrar before the
cardholder's driver's or
commercial
driver's license is restored or reissued.
Except as provided in division (B) of this section,
the
deputy registrar shall be allowed a fee of
two dollars
and
twenty-five cents
three dollars commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, for
each identification card issued under
this section. The fee
allowed to the deputy registrar shall be
in addition to the fee
for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge
a
fee in excess of one dollar and fifty cents for laminating an
identification card
or, temporary identification card, or
temporary permit packet identification card. A deputy
registrar
laminating such a card shall retain the entire amount
of the fee
charged for lamination, less the actual cost to the
registrar of
the laminating materials used for that lamination,
as specified in
the contract executed by the bureau for the
laminating materials
and laminating equipment. The deputy
registrar shall forward the
amount of the cost of the laminating
materials to the registrar
for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the
Revised
Code.
(B) A disabled veteran who has a
service-connected
disability rated at one hundred per cent by
the veterans'
administration may apply to the registrar or a
deputy registrar
for the issuance to that veteran of an
identification card or a
temporary identification card under
this section without payment
of any fee prescribed in division
(A) of this section, including
any lamination fee.
If the identification card or temporary identification
card
of a disabled veteran described in this division is
laminated by a
deputy registrar who is acting as a deputy
registrar pursuant to a
contract with the registrar that is in
effect on the effective
date of this amendment, the disabled
veteran shall pay the deputy
registrar the
lamination fee prescribed in division
(A) of this
section. If the
identification card or temporary identification
card is
laminated by a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is
executed after
the effective date of this amendment
July 29, 1998,
the
disabled veteran is not required to pay the deputy registrar
the
lamination fee prescribed in division
(A) of this section.
A disabled veteran whose identification card or
temporary
identification card is laminated by the registrar is
not required
to pay the registrar any lamination fee.
An application made under division
(A) of this section shall
be
accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4507.52. Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARDThis card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the identity of the bearer described on the card, who currently
is
not licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
including
the cardholder's social security number unless the cardholder
specifically requests that the cardholder's social security number
not be
displayed on the card. If federal law requires the
cardholder's social
security number to be displayed on the
identification card, the social
security number shall be displayed
on the card notwithstanding a request to
not display the number
pursuant to this section. The identification card also
shall
display the color photograph of the cardholder. If
the cardholder
has executed a
durable power of attorney for health care or a
declaration
governing the use or continuation, or the withholding
or
withdrawal, of life-sustaining treatment and has specified that
the cardholder wishes the identification
card to indicate that the
cardholder has
executed either type of instrument, the card also
shall
display
any symbol chosen by the registrar to indicate that
the
cardholder has executed either type of instrument. The card
shall be sealed in transparent plastic or similar material and
shall be so designed as to prevent its reproduction or alteration
without ready detection.
The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older.
Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued.
If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(A) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar or a deputy registrar;
(B) Filing an application and presenting documentary
evidence under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents
three dollars commencing on July 1,
2001, three dollars and twenty-five cents commencing on January 1,
2003, and three dollars and fifty cents commencing on January 1,
2004. A deputy registrar shall be allowed an
additional fee of
two dollars and twenty-five cents for
issuing a duplicate or
replacement identification card.
A disabled veteran who is a
cardholder and has a
service-connected disability rated at one
hundred per cent by
the veterans' administration may apply to
the
registrar or a deputy registrar for the issuance of a
duplicate or
replacement identification card without payment of
any fee
prescribed in this section, and without payment of any
lamination
fee if the disabled veteran would not be required to
pay a
lamination fee in connection with the issuance of an
identification card or temporary identification card as provided
in division (B) of section
4507.50 of the Revised
Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is surrendered to
the
registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial
driver's
license.
No agent of the state or its political subdivisions shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated or franchised transit system from using an
identification
card for the purpose of granting benefits or
services of the
system.
No person shall be required to apply for, carry, or possess
an identification card.
(C) Except in regard to an identification card issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy
registrar
shall issue an identification card to a person under
twenty-one years of age
that does not have the characteristics
prescribed by the registrar
distinguishing it from the
identification card issued to persons who are
twenty-one years of
age or older.
Sec. 4511.81. (A) When any child who is in either or both
of the following
categories is being transported in a motor
vehicle, other than a taxicab or
public safety vehicle as defined
in section 4511.01 of the Revised Code, that
is registered in this
state and is required by the United States
department of
transportation to be equipped with seat belts at
the time of
manufacture or assembly, the operator of the motor
vehicle shall
have the child properly secured in accordance with
the
manufacturer's instructions in a child restraint system that
meets
federal motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is registered in this state
and is owned, leased, or
otherwise under the control of a nursery
school, kindergarten, or
day-care center, the operator of the
motor vehicle shall have the
child properly secured in accordance
with the manufacturer's
instructions in a child restraint system
that meets federal motor
vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(D) The failure of an operator of a motor vehicle to
secure
a child in a child restraint system as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence in any civil action
involving the rights of the child
against any other person
allegedly liable for injuries to the
child, is not to be used as
a basis for a criminal prosecution of
the operator of the motor
vehicle other than a prosecution for a
violation of this section,
and is not admissible as evidence in
any criminal action
involving the operator of the motor vehicle
other than a
prosecution for a violation of this section.
(E) This section does not apply when an emergency exists
that threatens the life of any person operating a motor vehicle
and
to whom this section otherwise would apply or the life of any
child who otherwise would be required to be restrained under this
section.
(F) If a person who is not a resident of this state is
charged with a violation of division (A) or (B) of
this section
and does not prove to the court, by a preponderance
of the
evidence, that the person's use or nonuse of a child
restraint
system was in accordance with the law of the state of which the
person is
a resident, the court shall impose the fine levied by
division
(H)(2) of section 4511.99 of the Revised Code.
(G) There is hereby created in the state treasury the "child
highway safety
fund," consisting of fines imposed
pursuant to
divisions (H)(1) and (2) of section 4511.99 of the Revised Code
for violations
of divisions (A) and (B) of this section. The
money in the fund
shall
be used by the department of health only
to defray the cost of
verifying
designating hospitals as pediatric
trauma centers
under section
3702.161
3727.081 of the Revised Code
and to establish and
administer a child highway safety program.
The
purpose of the program
shall be to educate the public about
child restraint systems generally and the
importance of their
proper use. The program also shall include a process for
providing child restraint systems to persons who meet the
eligibility criteria
established by the department, and a
toll-free telephone number the public may
utilize to obtain
information about child restraint systems and their proper
use.
The director of health, in accordance with Chapter 119. of
the Revised Code,
shall adopt any rules necessary to carry out
this section, including rules
establishing the criteria a person
must meet in order to receive a child
restraint system under the
department's child restraint system program;
provided that rules
relating to the verification of pediatric trauma
centers shall not
be adopted under this section.
Sec. 4519.03. (A) The owner of every snowmobile,
off-highway
motorcycle,
and all-purpose vehicle required to be
registered under section 4519.02
of the Revised Code shall file an
application for registration
with the registrar of motor vehicles
or a deputy registrar, on
blanks furnished by the registrar for
that purpose and containing
all of the following information:
(1) A brief description of the snowmobile,
off-highway
motorcycle,
or all-purpose
vehicle, including the name of the
manufacturer, the
factory
or model number, and the vehicle
identification number;
(2) The name, residence, and business address of the
owner;
(3) A statement that the snowmobile, off-highway
motorcycle,
or all-purpose vehicle
is equipped as required by section 4519.20
of the Revised Code,
and any rule adopted thereunder. The
statement shall include a
check list of the required equipment
items in such form as the
registrar shall prescribe.
The application shall be signed by the owner of the
snowmobile, off-highway motorcycle, or all-purpose
vehicle
and
shall be accompanied by a fee as provided
in division (C) of
section 4519.04 of the Revised Code.
If the application is not in proper form, or if the vehicle
for which registration is sought does not appear to be equipped
as
required by section 4519.20 of the Revised Code or any rule
adopted thereunder, the registration shall be refused and no
registration
sticker shall be issued.
(B) On and after
the effective date of this amendment
July
1, 1999, no
certificate of registration or renewal of such a
certificate
shall be issued for an off-highway motorcycle or
all-purpose
vehicle required to be registered under section
4519.02 of the
Revised Code, and no certificate of
registration
issued under this chapter for an off-highway
motorcycle or
all-purpose vehicle that is sold or otherwise
transferred shall be
transferred to the new owner of the
off-highway motorcycle or
all-purpose vehicle as permitted by
division (B) of section
4519.05
of the Revised
Code, unless a certificate of
title has
been issued under this chapter for the motorcycle or
vehicle, and
the owner or new owner, as the case may be,
presents the
certificate of title or a memorandum certificate of
title for
inspection at the time the owner or new owner first
submits a
registration application, registration renewal
application, or
registration transfer application for the motorcycle or
vehicle on
or after
the effective date of this amendment
July
1, 1999.
(C) When the owner of an
off-highway motorcycle or
all-purpose vehicle first registers it
in the owner's name, and a
certificate of title has been issued
for the motorcycle or
vehicle, the owner shall present for
inspection a certificate of
title or memorandum certificate of
title showing title to the
off-highway motorcycle or
all-purpose vehicle in the name of the
owner. If, when the
owner of such a motorcycle or vehicle first
makes application to
register it in the owner's name, the
application is not in
proper form or if the certificate of title
or memorandum
certificate of title does not accompany the
registration, the
registration shall be refused and neither a
certificate of
registration nor a registration sticker shall be
issued. When a
certificate of registration and registration
sticker are issued
upon the first registration of an off-highway
motorcycle or
all-purpose vehicle by or on behalf of the owner,
the official
issuing them shall indicate the issuance with a stamp
on the
certificate of title or memorandum certificate of title.
(D) Each deputy registrar shall be allowed a fee of
two
dollars
and twenty-five cents
three dollars commencing on July 1,
2001, three dollars and twenty-five cents commencing on January 1,
2003, and three dollars and fifty cents commencing on January 1,
2004, for each application or renewal application
received by the
deputy registrar, which shall be for the
purpose of compensating
the deputy registrar for services, and office and
rental expense,
as may be necessary for the proper discharge of
the
deputy
registrar's
duties in the receiving of applications and the
issuing of
certificates of registration.
Each deputy registrar, upon receipt of any
application for
registration, together with the registration fee,
shall transmit
the fee, together with the original and duplicate copy
of the
application, to the registrar in such manner and at such
times as
the registrar, subject to the approval of the director
of public
safety and the treasurer of state, shall prescribe by
rule.
Sec. 4519.10. (A) The purchaser of an off-highway
motorcycle or
all-purpose vehicle, upon application and proof of
purchase, may obtain a
temporary license placard for it. The
application for such a placard shall be
signed by the purchaser of
the off-highway motorcycle or all-purpose vehicle.
The temporary
license placard shall be issued only for the applicant's use of
the off-highway motorcycle or all-purpose vehicle to enable the
applicant to
operate it legally while proper title and a
registration sticker are being
obtained and shall be displayed on
no other off-highway motorcycle or
all-purpose vehicle. A
temporary license placard issued under this section
shall be in a
form prescribed by the registrar of motor vehicles, shall differ
in some distinctive manner from a placard
issued under section
4503.182 of the Revised Code,
shall be valid for a period of
thirty days from the date of issuance, and
shall not be
transferable or renewable. The placard either shall consist of
or
be coated with such material as will enable it to remain legible
and
relatively intact despite the environmental conditions to
which the placard is
likely to be exposed during the thirty-day
period for which it is valid. The
purchaser of an off-highway
motorcycle or all-purpose vehicle shall attach the
temporary
license placard to it, in a manner prescribed by rules the
registrar
shall adopt, so that the placard numerals or letters are
clearly visible.
The fee for a temporary license placard issued under this
section shall be
two dollars. If the placard is issued by a
deputy registrar, the deputy
registrar shall charge an additional
fee of
two dollars and twenty-five cents
three dollars commencing
on July 1, 2001, three dollars and twenty-five cents commencing on
January 1, 2003, and three dollars and fifty cents commencing on
January 1, 2004,
which the deputy registrar shall retain. The
deputy registrar shall transmit
each two-dollar fee received by
the deputy registrar under this section to the
registrar, who
shall pay the two dollars to the treasurer of state for deposit
into the state bureau of motor vehicles fund established by
section 4501.25
of the Revised Code.
(B) The registrar may issue temporary license placards to a
dealer to be issued to purchasers for use on vehicles sold by the
dealer, in
accordance with rules prescribed by the registrar. The
dealer shall notify
the registrar within forty-eight hours of
proof of issuance on a form
prescribed by the registrar.
The fee for each such placard issued by the registrar to a
dealer shall be
two dollars plus a fee of two dollars and
twenty-five cents.
Sec. 4519.56. (A) An application for a certificate of title
shall be sworn
to before a notary public or other officer
empowered to
administer oaths by the lawful owner or purchaser of
the
off-highway motorcycle or all-purpose vehicle and shall
contain at least the
following
information in a form and together
with any other information the registrar of
motor vehicles may
require:
(1) Name, address, and social security
number or employer's
tax identification number of the applicant;
(2) Statement of how the
off-highway motorcycle or
all-purpose vehicle was acquired;
(3) Name and address of the previous
owner;
(4) A statement of all liens,
mortgages, or other
encumbrances on the off-highway motorcycle or
all-purpose vehicle,
and the name and address of each holder thereof;
(5) If there are no outstanding liens,
mortgages, or other
encumbrances, a statement of that fact;
(6) A description of the off-highway motorcycle or
all-purpose
vehicle, including the make, year, series or model, if
any, body type, and
manufacturer's vehicle identification number.
If the off-highway motorcycle or all-purpose vehicle contains
a permanent identification number placed thereon by the
manufacturer, this
number shall be used as the vehicle
identification number. Except as provided
in division (B) of this
section, if the application for a certificate
of title refers to
an
off-highway motorcycle or all-purpose vehicle that contains
such a
permanent identification number,
but for which no
certificate of title has been
issued previously by this state, the
application shall be
accompanied by a physical inspection
certificate as described in
that division.
If there is no
manufacturer's vehicle identification number
or if the manufacturer's vehicle
identification number has been
removed or obliterated, the registrar, upon
receipt of a
prescribed application and proof of ownership, but prior to
issuance of a certificate of title, shall assign a
vehicle
identification number for the off-highway motorcycle or
all-purpose vehicle. This assigned vehicle identification number
shall be
permanently affixed to or imprinted upon the off-highway
motorcycle or all-purpose vehicle
by the state highway patrol.
The
state
highway patrol shall assess a fee of fifty dollars for
affixing the
number to the off-highway motorcycle or all-purpose
vehicle and shall deposit
each such fee in the state highway
safety fund established by
section 4501.06 of the Revised
Code.
(B) Except in the case of a new off-highway motorcycle or
all-purpose vehicle sold by a dealer licensed under
Chapter 4517.
of the
Revised Code title to which is
evidenced by a
manufacturer's or importer's certificate, if
the application
for a
certificate of title refers to an off-highway motorcycle
or
all-purpose vehicle that contains a permanent identification
number placed thereon by the manufacturer, but for which no
certificate of title previously has been issued by this state,
the
application shall be accompanied by a physical inspection
certificate issued by the department of public safety verifying
the make, year, series or model, if any, body type, and
manufacturer's
vehicle identification number of the off-highway
motorcycle or
all-purpose vehicle for which the certificate of
title is
desired. The physical inspection certificate shall be in
such
form as is designated by the registrar. The physical
inspection
shall be made at a deputy registrar's office or at an
established place of business operated by a licensed motor
vehicle
dealer. The deputy registrar or
motor vehicle dealer may charge
a
maximum fee of
one dollar and fifty cents
three dollars commencing
on July 1, 2001, three dollars and twenty-five cents commencing on
January 1, 2003, and three dollars and fifty cents commencing on
January 1, 2004, for conducting the
physical inspection.
The clerk of the court of common pleas shall charge a
fee of
one dollar and fifty cents for the processing of each
physical
inspection certificate. The clerk shall retain fifty
cents of the
one dollar and fifty cents so charged and shall pay
the remaining
one dollar to the registrar by monthly returns,
which shall be
forwarded to the registrar not later than the
fifth day of the
month next succeeding that in which the
certificate is received by
the clerk. The registrar shall pay
such remaining sums into the
state bureau of motor vehicles fund
established by section 4501.25
of the
Revised
Code.
Sec. 4519.69. If the application for a certificate of title
refers to
an off-highway motorcycle or all-purpose vehicle last
previously
registered in another state, the application shall be
accompanied by a
physical
inspection certificate issued by the
department of public safety verifying the
make, year, series or
model, if any, body type, and manufacturer's
identification number
of the
off-highway motorcycle or all-purpose vehicle for which the
certificate of title is desired. The physical inspection
certificate shall be
in such form as is designated by the
registrar of motor vehicles. The
physical inspection of the
off-highway motorcycle or all-purpose
vehicle
shall be made at a
deputy registrar's office, or at an established place of
business
operated by a licensed motor vehicle dealer. Additionally, the
physical
inspection of a salvage off-highway motorcycle or
all-purpose
vehicle owned by an insurance company may be made at
an established place of
business
operated by a salvage motor
vehicle dealer licensed under
Chapter 4738. of the Revised Code.
The deputy
registrar, the motor vehicle dealer, or the salvage
motor vehicle
dealer may charge a maximum fee of
one dollar and
fifty cents
three dollars commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, for
conducting
the physical inspection.
The clerk of the court of common pleas shall charge a fee of
one dollar
and fifty cents for the processing of each physical
inspection certificate.
The clerk shall retain fifty cents of the
one dollar and fifty cents so
charged
and shall pay the remaining
one dollar to the registrar by monthly returns,
which shall be
forwarded to the registrar not later than the fifth day of the
month next succeeding that in which the certificate is received by
the clerk.
The registrar shall pay such remaining sums into the
state treasury to the
credit of the state bureau of motor vehicles
fund established in section
4501.25
of the Revised
Code.
Sec. 4701.10. (A) The accountancy
board, upon application,
shall issue Ohio permits to practice public accounting
to holders
of the
CPA certificate
of certified public accountant issued under
section 4701.06 or 4701.061 of the Revised Code and to persons
registered under sections 4701.07 and 4701.09 of the Revised
Code
or the PA registration. Subject to division
(D)(H)(1) of this
section, there shall be
a triennial
Ohio permit fee in an amount
to be determined by the board
not to exceed one hundred fifty
dollars. All Ohio permits
shall
expire on the last day of
December of the year assigned by the
board and, subject to
division
(D)(H)(1) of this section, shall be
renewed triennially
for a period of three years by certificate
holders and registrants
in good standing upon payment of a
triennial renewal fee not to
exceed one hundred fifty dollars.
For the
purpose of implementing
this section and enforcing
section 4701.11 of the Revised Code,
the board may issue an
Ohio permit
for less than three years'
duration. A prorated fee shall be
determined by the board for
that Ohio permit.
(B) The accountancy board may issue Ohio registrations to
holders of the CPA certificate and the PA registration who are not
engaged in the practice of public accounting. Such persons shall
not convey to the general public that they are actively engaged in
the practice of public accounting in this state. Subject to
division (H)(1) of this section, there shall be a triennial Ohio
registration fee in an amount to be determined by the board but
not exceeding fifty-five dollars. All Ohio registrations shall
expire on the last day of December of the year assigned by the
board and, subject to division (H)(1) of this section, shall be
renewed triennially for a period of three years upon payment by
certificate holders and registrants in good standing of a renewal
fee not to exceed fifty-five dollars.
(C) Any person who receives a CPA certificate and who
applies for an initial Ohio permit or Ohio registration more than
sixty days after issuance of the CPA certificate may, at the
board's discretion, be subject to a late filing fee not exceeding
one hundred dollars.
(D) Any person to whom the board has issued an Ohio permit
who is engaged in the practice of public accounting and who fails
to renew the permit by the expiration date shall be subject to a
late filing fee not exceeding one hundred dollars for each full
month or part of a month after the expiration date in which such
person did not possess a permit, up to a maximum of one thousand
two hundred dollars. The board may waive or reduce the late
filing fee for just cause upon receipt of a written request from
such person.
(E) Any person to whom the board has issued an Ohio permit
or Ohio registration who is not engaged in the practice of public
accounting and who fails to renew the permit or registration by
the expiration date shall be subject to a late filing fee not
exceeding fifty dollars for each full month or part of a month
after the expiration date in which such person did not possess a
permit or registration, up to a maximum of three hundred dollars.
The board may waive or reduce the late filing fee for just cause
upon receipt of a written request from such person.
(F)
Failure of
any
a CPA certificate holder or
registrant
PA
registration holder to apply for
a triennial
either an Ohio
permit
to practice
or an Ohio registration within
three years
one year
from the expiration date of the
Ohio permit
to practice
or Ohio
registration last obtained or renewed, or
three
years
one year
from
the date upon which the
CPA certificate holder
or registrant
was
granted a
CPA certificate
or registration, shall result in
suspension of the
CPA certificate or
PA registration
until all
fees required under divisions (D) and (E) of this section have
been paid, unless the
board
determines the failure to have been
due to excusable
neglect. In that case,
the
renewal fee or the
fee for the issuance
or renewal of the
original Ohio permit
or
Ohio registration, as the case may be, shall be
the amount that
the
board shall determine, but not in excess of fifty dollars plus
the fee for each triennial period or part of a period the
certificate holder or registrant did not have
either an Ohio
permit
or an Ohio registration.
(B) All certificate holders and registrants who are not in
the practice of public accounting in this state shall register
with the board every three years at a fee, not to exceed
fifty-five dollars, established by the board. Such persons shall
not convey to the general public that they are actively engaged
in
the practice of public accounting in this state.
(C)(G) The board
shall suspend the certificate or
registration of any person failing to obtain an Ohio
permit in
accordance with this section, except that the board by rule
may
exempt persons from the requirement of holding an
Ohio permit
or
Ohio registration for specified
reasons, including, but not
limited to,
retirement, health reasons, military service, foreign
residency, or other just cause.
(D)(H)(1)
On and after January 1, 1995, the
The board, by
rule
adopted in accordance with Chapter 119. of the Revised Code,
shall increase:
(a) May provide for the issuance of Ohio permits and Ohio
registrations for less than three years' duration at prorated
fees;
(b) Shall add a surcharge to the
triennial Ohio permit and
renewal
Ohio registration
fee imposed pursuant to
this section
by
of at least fifteen dollars but no more than thirty
dollars
for a
three-year Ohio permit or Ohio registration, at least ten dollars
but no more than twenty dollars for a two-year Ohio permit or Ohio
registration, and at least five dollars but no more than ten
dollars for a one-year Ohio permit or Ohio registration.
(2)
Beginning with the first quarter of 1995 and each
Each
quarter
thereafter, the board, for the purpose provided in
section
4743.05 of the Revised Code, shall certify to the
director of
budget and management the number of
triennial Ohio
permits
and
Ohio registrations issued or
renewed under this chapter during the
preceding quarter and the
amount equal to that number times the
amount
by which
of the
triennial
surcharge added to each Ohio
permit and
renewal
Ohio registration fee
is increased by the
board
under
division
(D)(H)(1) of this section.
Sec. 4701.16. (A) After notice and hearing as provided in
Chapter 119. of the Revised Code, the accountancy board may
discipline as described in division (B) of this section a
person
holding
an Ohio permit, an Ohio registration, a firm registration,
a
CPA certificate, or a PA registration or any other person
whose
activities are regulated by the board
for any one or any
combination of
the following causes:
(1) Fraud or deceit in
obtaining a firm registration or in
obtaining a
CPA
certificate, a
PA registration, an Ohio permit, or
an Ohio
registration;
(2) Dishonesty, fraud, or gross negligence in the practice
of public accounting;
(3) Violation of any of the provisions of section 4701.14
of
the Revised Code;
(4) Violation of a rule of professional conduct
promulgated
by the board under the authority granted by this chapter;
(5) Conviction of a felony under the laws of any state or
of
the United States;
(6) Conviction of any crime, an element of which is
dishonesty or fraud, under the laws of any state or of the United
States;
(7) Cancellation, revocation, suspension, or refusal to
renew authority to practice as a certified public accountant, a
public accountant, or a public accounting firm by any other
state,
for any cause other than failure to pay registration fees
in that
other state;
(8) Suspension or revocation of the right to practice
before
any state or federal agency;
(9) Failure of a holder of a CPA certificate or PA
registration to obtain an Ohio permit
or an Ohio registration, or
the
failure of a public accounting firm to
obtain a firm
registration;
(10) Conduct discreditable to the public accounting
profession or to the holder of an Ohio permit, Ohio
registration,
or foreign certificate;
(11) Failure of a public accounting firm to comply with
section
4701.04 of the Revised Code.
(B) For any of the reasons specified in division (A) of
this
section, the board may do any of the following:
(1) Revoke, suspend, or refuse to renew any
CPA certificate
or PA
registration or any
Ohio permit, Ohio registration, or firm
registration;
(2) Disqualify a person who is not a holder of an
Ohio
permit or a
foreign certificate from owning an equity interest in
a public
accounting firm or qualified firm;
(3) Publicly censure a registered firm or a
holder of
a
CPA
certificate, a
PA registration, an
Ohio permit, or an
Ohio
registration;
(4) Levy
against a registered firm or a holder of a
CPA
certificate, a
PA registration, an
Ohio permit, or an
Ohio
registration
a penalty or fine not to exceed
one
five thousand
dollars
for each offense. Any fine shall be reasonable and in
relation
to the severity of the offense.
(5) In the case of violations of division (A)(2) or (4) of
this section, require completion of remedial continuing education
programs prescribed by the board in addition to those required by
section 4701.11 of the Revised Code;
(6) In the case of violations of division (A)(2) or (4) of
this section, require the holder of a CPA certificate, PA
registration, or firm
registration to
submit to a peer review by a
professional committee
designated
by the board, which committee
shall report to the board
concerning that
holder's compliance
with
generally accepted accounting principles, generally
accepted
auditing
standards, or other generally accepted technical
standards;
(7) Revoke or suspend the privileges to offer or render
attest services in
this state or to use a CPA title or designation
in this state of an
individual who holds a foreign certificate.
(C) If the board levies a fine against or suspends the
certificate of a person or registration of a person or firm for a
violation of division (A)(2) or (4) of this section, it may waive
all or any portion of the fine or suspension if the
holder of the
CPA certificate, PA
registration, or firm registration
complies
fully with division
(B)(5) or (6) of this section.
Sec. 4707.01. As used in sections 4707.01 to 4707.22 and
4707.99 of the Revised Code:
(A) "Auction" means a sale of real or personal property,
goods, or chattels by means of verbal exchange or physical
gesture
between an auctioneer or apprentice auctioneer and
members of
his
the audience, the exchanges and gestures
consisting of
a series of
invitations for offers made by the auctioneer and
offers by
members of the audience, with the right to acceptance
of offers
with the auctioneer or apprentice auctioneer.
(B) "Auctioneer" means any person who engages, or who by
advertising or otherwise holds
himself
self out as being able to
engage, in the calling for, recognition of, and the acceptance
of,
offers for the purchase of real or personal property, goods,
or
chattels at auction either directly or through the use of
other
licensed auctioneers or apprentice auctioneers.
(C) "Apprentice auctioneer" means any individual who is
sponsored by an auctioneer to deal or engage in any activities
mentioned in division (A) of this section.
(D) "Auction company" means any person, excluding licensed
auctioneers, who does business solely in
his
the auctioneer's
individual name, who
sells, either directly or through agents,
real or personal
property, goods, or chattels at auction, or who
arranges,
sponsors, manages, conducts, or advertises auctions and
who was
licensed as an auction company by the department of
commerce
agriculture as
of May 1, 1991. An auction company does
not mean either of the
following:
(1) A sale barn or livestock auction market that is used
exclusively for the auctioneering of livestock and is licensed by
the department of agriculture under Chapter 943. of the Revised
Code;
(2) A business that is licensed by the bureau of motor
vehicles under Chapter 4517. of the Revised Code and is
exclusively engaged in the auction sale of motor vehicles to
dealers licensed by either the bureau of motor vehicles or a
bureau of motor vehicles of another jurisdiction or its
equivalent.
(E) "Special auctioneer" means any person who is licensed
as
an auction company by the department of
commerce
agriculture as of
May 1,
1991, and currently is subject to section 4707.071 of the
Revised
Code.
Sec. 4707.011. The department of
commerce
agriculture shall
administer this chapter
through the division of real estate and
professional licensing and the superintendent of real estate and
professional licensing.
Sec. 4707.02. No person shall act as an auctioneer,
apprentice auctioneer, or special auctioneer within this state
without a license issued by the department of
commerce
agriculture. No
auction shall be conducted in this state except
by an auctioneer
licensed by the department.
The department shall not issue or renew a license if the
applicant or licensee has been convicted of a felony or crime
involving fraud in this or another state at any time during the
ten years immediately preceding application or renewal.
This section does not apply to:
(A) Sales at auction conducted by or under the direction
of
any public authority, or sales required by law to be at
auction
other than sales pursuant to a judicial order or decree;
(B) The owner of any real or personal property desiring to
sell the property at auction, provided that the property was not
acquired for the purpose of resale.
Sec. 4707.03. A state auctioneers commission shall be
created within the department of
commerce
agriculture as follows:
(A) The governor, with the advice and consent of the
senate,
shall appoint a commission consisting of three members,
each of
whom immediately prior to the date of
his appointment has
been a
resident of this state for five years, and whose vocation
for a
period of at least five years has been that of an
auctioneer.
Terms of office shall be for three years, commencing
on the tenth
day of October and ending on the ninth day of
October. Each
member shall hold office from the date of
his
appointment until
the end of the term for which
he was appointed.
Any member
appointed to fill a vacancy occurring prior to the
expiration of
the term for which
his
the member's predecessor
was appointed
shall hold office for the remainder of such term. Any member
shall continue in office subsequent to the expiration date of
his
the member's
term until
his
the member's successor takes office,
or until a
period of sixty
days has elapsed, whichever occurs
first.
(B) At no time shall there be more than two members of the
same political party serving on the commission.
Sec. 4707.04. (A) The state auctioneers commission shall,
upon
qualification
of the member appointed in each year, select
from its members a
chairman
chairperson, and
shall serve in an
advisory capacity to the department of
commerce
agriculture
for
the
purpose of carrying out sections 4707.01 to 4707.22 of the
Revised Code. The
commission shall meet not less than four times
annually.
(B) Each commissioner shall receive
his
the commissioner's
actual and necessary
expenses
incurred
in the discharge of such
duties.
Sec. 4707.05. All fees and charges collected by the
department of
commerce
agriculture pursuant to this chapter shall
be paid into the
state treasury
to the credit of the auctioneers
fund,
which is hereby
created. All expenses incurred by the
department in
administering this
chapter shall be paid out of the
fund. The total expenses incurred by
the department in the
administration of this chapter shall not exceed the
total
fees,
charges, fines, and penalties imposed under sections 4707.08,
4707.10, and 4707.99 of the Revised Code and paid to the
treasurer
of state. The department may conduct education
programs for the
enlightenment and benefit of all auctioneers who
have paid fees
pursuant to sections 4707.08 and 4707.10 of the
Revised Code.
Out of the moneys credited pursuant to this section, the fund
shall
be assessed a proportionate share of the administrative
costs of
the department in accordance with procedures prescribed
by the
director of
commerce
agriculture and approved by the
director of budget and
management. The assessment shall be paid
from the auctioneers fund to
the division of administration fund.
Sec. 4707.06. The department of
commerce
agriculture shall
maintain a record of the names
and addresses of all auctioneers
and apprentice auctioneers, and special
auctioneers licensed by
the department. This record shall also include a list
of all
persons whose licenses have been suspended or revoked, as well as
any
other information relative to the enforcement of sections
4707.01 to 4707.22
of
the Revised Code, as the department may deem
of interest to the public.
Sec. 4707.07. (A) The department of
commerce
agriculture
may grant
auctioneers' licenses to those persons deemed qualified
by the
department. Each person who applies for an auctioneer's
license
shall furnish to the department, on forms provided by the
department, satisfactory proof that the applicant:
(1) Has a good reputation;
(2) Is of trustworthy character;
(3) Has attained the age of at least eighteen years;
(4) Has done one of the following:
(a) Met the apprenticeship requirements set forth in
section
4707.09 of the Revised Code;
(b) Met the requirements of section 4707.12 of the Revised
Code.
(5) Has a general knowledge of the following:
(a) The requirements of the Revised Code relative to
auctioneers;
(b) The auction profession;
(c) The principles involved in conducting an auction.
(B) Auctioneers who served apprenticeships and who hold
licenses issued before May 1, 1991, and who seek renewal of their
licenses, are not subject to the additional apprenticeship
requirements imposed by section 4707.08 of the Revised Code.
(C) The department may issue an auctioneer's license to a
partnership, association, or corporation if all the partners,
members, or officers thereof who are authorized to perform the
functions of an auctioneer as agents of the applicant are
themselves licensed as auctioneers under this chapter.
An application for an auctioneer's license filed by a
partnership or association shall contain a listing of the names
of
all of the licensed partners, members, or other persons who
are
authorized to perform the functions of an auctioneer as
agents of
the applicant. An application filed by a corporation
shall
contain the names of its president and of each of its
licensed
officers and any other person who is authorized to
perform the
functions of an auctioneer as an agent of the
applicant.
(D) A licensee may do business under more than one
registered name if the names have been approved by the
department.
The department may reject the application of any
person seeking
licensure under this chapter if the name or names
to be used by
the applicant are likely to mislead the public, or
if the name or
names do not distinguish the applicant from the
name or names of
any existing person licensed under this chapter.
If an applicant
applies to the department to do business under
more than two
names, the department may charge a fee of ten
dollars for the
third name and each additional name.
Sec. 4707.071. (A) On May 1, 1991, all persons licensed
as
auction companies under former section 4707.071 of the Revised
Code shall comply with all provisions of this chapter that are
applicable to auctioneers except as provided in divisions (B) and
(C) of this section. Such persons, however, do not have to serve
an apprenticeship or attend a course of study under section
4707.09 of the Revised Code or submit to an examination under
section 4707.08 of the Revised Code as long as they do not engage
in the calling for, recognition of, and the acceptance of, offers
for the purchase of personal property at auction and do not
conduct auctions at any location other than the definite place of
business required in section 4707.14 of the Revised Code.
(B) The principal owner of each auction company which is
licensed as of May 1, 1991, who pays the annual renewal fee
specified in division (A) of section 4707.10 of the Revised Code
during the first renewal period following May 1, 1991, shall be
issued a special auctioneer's license, for the sale of personal
property subject to division (A) of this section. Each principal
owner shall apply for an annual license. In applying for an
annual license, each person licensed as an auction company on May
1, 1991, shall designate an individual as principal owner by
submitting documentation substantiating that the individual is in
fact the principal owner and shall identify a definite place of
business as required in section 4707.14 of the Revised Code. A
person licensed as an auctioneer shall not be entitled to a
special auctioneer's license.
(C) A special auctioneer's license issued under this
section
to the principal owner of a former auction company does
not
entitle the principal owner or former auction company to
conduct
auctions at any location other than the definite place of
business
required in section 4707.14 of the Revised Code.
Notwithstanding
section 4707.10 of the Revised Code, the
department
of agriculture
shall not issue a new special auctioneer's license if
the definite
place of business identified by the licensee in the
licensee's
initial application for a special auctioneer license
has changed
or if the name under which the licensee is doing
business has
changed. No person other than an owner, officer,
member, or agent
of the former auction company who
personally has
himself
passed
the examination prescribed in section 4707.08 of the
Revised Code
and been licensed as an auctioneer shall engage in
the calling
for, recognition of, and the acceptance of, offers
for the
purchase of real or personal property, goods, or chattels
at
auction in connection with a former auction company that has
been
issued a special auctioneer's license.
(D) A person licensed as a special auctioneer shall not
engage in the sale of real property at auction.
Sec. 4707.072. The department of
commerce
agriculture may
grant
one-auction licenses to any nonresident person deemed
qualified
by the department. Any person who applies for a
one-auction
license shall attest, on forms provided by the
department, and
furnish to the department, satisfactory proof that
the license
applicant or any auctioneer affiliated with the
applicant meets
the following requirements:
(A) Has a good reputation;
(B) Is of trustworthy character;
(C) Has attained the age of at least eighteen years;
(D) Has a general knowledge of the requirements of the
Revised Code relative to auctioneers, the auction profession, and
the principles involved in conducting an auction;
(E) Has two years of professional auctioneering experience
immediately preceding the date of application and the experience
includes the personal conduct by the applicant of at least twelve
auction sales in any state, or has met the requirements of
section
4707.12 of the Revised Code;
(F) Has paid a fee of one hundred dollars, which shall be
credited to the auctioneers fund;
(G) Has provided proof of the bond required under section
4707.11 of the Revised Code.
Sec. 4707.08. (A) The department of
commerce
agriculture
shall hold
written examinations four times each year for the
purpose of
testing the qualifications required for obtaining a
license under
section 4707.07 of the Revised Code and twelve times
each year
for obtaining a license under section 4707.09 of the
Revised
Code. In addition to the written examination, auctioneer
license
applicants shall pass an oral examination administered by
the
state auctioneers commission on the same date and at the same
location as the written examination. An examination shall not be
required for the renewal of any license unless such license has
been revoked, suspended, or allowed to expire without renewal, in
which case the applicant shall take and pass the appropriate
examinations offered by the department.
An examination fee of twenty-five dollars shall be
collected
from each person taking the auctioneer examination and
fifteen
dollars from each person taking the apprentice auctioneer
examination to defray expenses of holding such examinations.
(B) All applications and proofs must be filed by each
applicant before the scheduled date of examination, and must be
accompanied by a bond and license fee.
Sec. 4707.09. The department of
commerce
agriculture may
grant
apprentice auctioneers' licenses to those persons deemed
qualified by the department. Every applicant for an apprentice
auctioneer's license must pass an examination relating to the
skills, knowledge, and statutes and regulations governing
auctioneers. Every applicant for an apprentice auctioneer's
license shall furnish to the department, on forms provided by the
department, satisfactory proof that the applicant:
(A) Has a good reputation;
(B) Is of trustworthy character;
(C) Has attained the age of at least eighteen years;
(D) Has obtained a written promise of a licensed
auctioneer
to sponsor the applicant during
his
the applicant's
apprenticeship.
Before an apprentice may take the auctioneer's license
examination,
he
the apprentice shall serve an apprenticeship of
at
least twelve
months, successfully complete a course of study in
auctioneering
at an institution that is approved every three years
by the state
auctioneers commission, and conduct, as a bid caller,
at least
twelve auction sales under the direct supervision of the
sponsoring licensed auctioneer, which sales shall be certified by
the licensed auctioneer on the apprentice's application for an
auctioneer's license.
If an auctioneer intends to terminate
his sponsorship of an
apprentice auctioneer, the sponsoring auctioneer shall notify the
apprentice auctioneer of
his
the sponsoring auctioneer's
intention
by certified mail, return
receipt requested, at least ten days
prior to the effective date
of termination and, at the same time,
shall deliver or mail by
certified mail to the department of
commerce
agriculture a copy of the
termination notice and the
license of the apprentice auctioneer.
No apprentice auctioneer
shall perform any acts under authority
of
his
the apprentice's
license after the effective date of the
termination until
he
the
apprentice receives a new license bearing the name and
address of
his
the apprentice's new
sponsor. No more than one license shall
be issued to any
apprentice auctioneer for the same period of
time.
No licensed auctioneer shall have under
his
the licensed
auctioneer's sponsorship
more than two apprentice auctioneers at
one time.
An apprentice auctioneer may terminate
his
the apprentice's
sponsorship with
an auctioneer by notifying the auctioneer of
his
the
apprentice's intention by
certified mail, return receipt
requested, at least ten days prior
to the effective date of
termination. At the same time,
he
the
apprentice shall
deliver or
mail by certified mail to the department of
commerce
agriculture a
copy of the termination notice. Upon receiving the termination
notice, the sponsoring auctioneer shall promptly deliver or mail
by certified mail to the department the license of the apprentice
auctioneer.
The termination of a sponsorship, regardless of who
initiates
the termination, shall not be cause for an apprentice
auctioneer
to lose credit for any certified sales
he
the
apprentice conducted
or
apprenticeship time
he
the apprentice served under the direct
supervision of the
former sponsor.
Sec. 4707.10. (A) The fee for each auctioneer's,
apprentice
auctioneer's, or special auctioneer's license issued
by the
department of
commerce
agriculture is one hundred dollars, and the
annual renewal fee for any such license is one hundred dollars.
All licenses expire annually on the last day of June of each year
and shall be renewed according to the standard renewal procedures
of Chapter 4745. of the Revised Code, or the procedures of this
section. Any licensee under this chapter who wishes to renew
his
the licensee's
license but fails to do so before the first day of
July shall
reapply for licensure in the same manner and pursuant
to the same
requirements as for initial licensure, unless before
the first
day of September of the year of expiration, the former
licensee
pays to the department, in addition to the regular
renewal fee, a
late renewal penalty of one hundred dollars.
(B) Any person who fails to renew
his
the person's license
before the
first day of July is prohibited from engaging in any
activity
specified or comprehended in section 4707.01 of the
Revised Code
until such time as
his
the person's license is
renewed or a new
license is
issued. Renewal of a license between
the first day of July and
the first day of September does not
relieve any person from
complying with this division. The
department may refuse to renew
the license of or issue a new
license to any person who violates
this division.
(C) The department shall prepare and deliver to each
licensee a permanent license certificate and an annual renewal
card, the appropriate portion of which shall be carried on the
person of the licensee at all times when engaged in any type of
auction activity, and part of which shall be posted with the
permanent certificate in a conspicuous location at the licensee's
place of business.
(D) Notice in writing shall be given to the department by
each auctioneer or apprentice auctioneer licensee of any change
of
principal business location or any change or addition to the
name
or names under which business is conducted, whereupon the
department shall issue a new license for the unexpired period.
Any
change of business location or change or addition of names
without
notification to the department shall automatically cancel
any
license previously issued. For each new auctioneer or
apprentice
auctioneer license issued upon the occasion of a
change in
business location or a change in or an addition of
names under
which business is conducted, the department may
collect a fee of
ten dollars for each change in location, or name
or each added
name unless the notification of the change occurs
concurrently
with the renewal application.
Sec. 4707.11. Each application for an auctioneer's,
apprentice auctioneer's, or auction company license shall be
accompanied by a bond in the sum of ten thousand dollars, except
that:
(A) An individual licensed as an auctioneer under this
chapter that applies for an auction company license shall not be
required to file a bond for the auction company license if the
applicant has filed a bond in connection with the auctioneer's
license.
(B) A partnership, association, or corporation that
applies
for an auction company license shall file a blanket bond
in the
name of such partnership, association, or corporation in
an amount
equal to ten thousand dollars times the number of
members,
employees, or officers thereof who are authorized to
perform the
functions of an auctioneer as agents of the
applicant. The
maximum total amount payable under such blanket
bond for a failure
of each such individual member or officer of
the applicant to
conduct business in accordance with sections
4707.01 to 4707.22 of
the Revised Code shall be ten thousand
dollars.
(C) A licensed auctioneer member, employee, or officer of
a
partnership, association, or corporation licensed as an auction
company under this chapter shall not be required to file a bond
in
his
the licensee's own name in connection with
his
the
auctioneer's license;
except that if such auctioneer acts at any
time in any auction
capacity other than as an agent for such
auction company, the
auctioneer must file an individual bond, as
set forth in this
section. The bond may be either a cash bond or
a surety bond
and, if a surety bond, it shall be executed by a
surety company
authorized to do business in this state. Such
surety bond shall
be made to the department
of agriculture and the
bond shall be conditioned that
the applicant shall conduct
his
the
applicant's business in
accordance with
sections 4707.01 to
4707.22 of the Revised Code. All bonds shall
be in a form
approved by the department.
The department shall not issue an auctioneer's, apprentice
auctioneer's, or auction company license until bond has been
filed
in accordance with this section.
Sec. 4707.111. The state, through the department of
commerce
agriculture and in
accordance
with this chapter, shall solely
regulate auctioneers and the conduct of
auction
sales.
By enactment of this chapter, it is the intent of the general
assembly to
preempt municipal corporations and other political
subdivisions from the
regulation and licensing of auctioneers and
auction sales.
At least twenty-four hours prior to an auction, the person
licensed under this
chapter to conduct the auction shall notify
the chief of police of the
municipal corporation in which the
auction site is located, or if the site is
in the unincorporated
area of a county, the county sheriff as to the location
and time
of the auction and give to that officer a general description of
the
items offered for sale.
Sec. 4707.12. A nonresident may operate as an auctioneer,
apprentice auctioneer, or special auctioneer within the state by
conforming to this chapter.
The department of
commerce
agriculture may, within its
discretion,
waive the testing and schooling requirements for a
nonresident,
provided
he
the nonresident holds a valid auctioneer
or
apprentice auctioneer
license issued by a state with which the
department has entered
into a reciprocal licensing agreement.
Nonresidents wishing to
so operate in this state shall make
application in writing to the
department and furnish the
department with proof of their ability
to conduct an auction,
proof of license and bond if they reside
in a state with these
requirements, as well as other information
which the department
may request.
This section does not apply to nonresident auctioneers who
reside in states under the laws of which similar recognition and
courtesies are not extended to licensed auctioneers of this
state.
Sec. 4707.13. Any nonresident who applies for permission to
operate as an
auctioneer within this state shall file an
irrevocable consent with the
department of
commerce
agriculture
that suits and actions may be commenced against such
applicant in
any court of competent jurisdiction within this state by service
of process upon the secretary of state. Said consent shall agree
that the
service of such process shall be held in all courts to be
valid and binding as
if service had been made upon the applicant
within this state.
Sec. 4707.15. The department of
commerce
agriculture may
suspend or
revoke the license of any auctioneer, apprentice
auctioneer, or
special auctioneer for any of the following causes:
(A) Obtaining a license through false or fraudulent
representation;
(B) Making any substantial misrepresentation in an
application for an auctioneer's, apprentice auctioneer's, or
special auctioneer's license;
(C) A continued course of misrepresentation or for making
false promises through agents, advertising, or otherwise;
(D) Failing to account for or remit, within a reasonable
time, any money belonging to others that comes into
his
the
licensee's
possession, and for commingling funds of others with
his
the
licensee's own, or
failing to keep such funds of others in
an escrow or trustee
account, except that in the case of a
transaction involving real
estate, such funds shall be maintained
in accordance with
division (A)(26) of section 4735.18 of the
Revised Code;
(E) Paying valuable consideration to any person who has
violated this chapter;
(F) Conviction in a court of competent jurisdiction of
this
state or any other state of a criminal offense involving
fraud or
a felony;
(G) Violation of this chapter;
(H) Failure to furnish voluntarily at the time of
execution,
copies of all written instruments prepared by the
auctioneer;
(I) Any conduct of an auctioneer which demonstrates bad
faith, dishonesty, incompetency, or untruthfulness;
(J) Any other conduct that constitutes improper,
fraudulent,
or dishonest dealings;
(K) Failing prior to the sale at public auction to enter
into a written contract with the owner or consignee of any
property to be sold, containing the terms and conditions upon
which such licensee received the property for sale;
(L) The use of any power of attorney to circumvent this
chapter;
(M) Failure to display a notice conspicuously at the
clerk's
desk or on a bid card that clearly states the terms and
conditions
of the sale, the name of the auctioneer or special
auctioneer
conducting the sale, and that the auctioneer or
special auctioneer
is licensed by the department of
commerce
agriculture and
has
filed a bond;
(N) Failure to notify the department of any conviction of
a
felony or crime involving fraud within fifteen days of
conviction;
(O) Acting in the capacity of an auctioneer, whether for
valuable consideration or not, for any special auctioneer that is
not licensed under this chapter.
Sec. 4707.152. In lieu of suspending or revoking a license
under
section
4707.15 of the Revised Code, the department of
commerce
agriculture may issue
a written
reprimand to any
licensee who violates any provision of this
chapter.
Sec. 4707.16. (A) The department of
commerce
agriculture
may, upon
its own motion, and shall upon the verified written
complaint of
any person, investigate the actions of any
auctioneer, apprentice
auctioneer, or special auctioneer, any
applicant for an
auctioneer's, apprentice auctioneer's, or special
auctioneer's
license, or any person who assumes to act in that
capacity, if
the complaint, together with other evidence presented
in
connection with it, makes out a prima-facie case.
If the department determines that any such applicant is not
entitled to receive a license, a license shall not be granted to
such applicant, and if the department determines that any
licensee
is guilty of a violation of section 4707.14 or 4707.15
of the
Revised Code, the department may suspend or revoke the
license.
Any auctioneer, apprentice auctioneer, or special
auctioneer who
has had
his
the auctioneer's, apprentice
auctioneer's, or special
auctioneer's license revoked shall not be issued
another such
license for a period of two years from the date of
revocation.
(B) The department
of commerce may investigate
complaints
concerning the violation of sections 4707.02 and
4707.15 of the
Revised Code and may subpoena witnesses in
connection with such
investigations as provided in this section.
The department may
make application to the court of common pleas
for an order
enjoining the violation of sections 4707.02 and
4707.15 of the
Revised Code, and upon a showing by the department
that any
licensed auctioneer, apprentice auctioneer, or special
auctioneer
has violated or is about to violate section 4707.15 of
the
Revised
Code, or any person has violated or is about to
violate
section
4707.02 of the Revised Code, an injunction,
restraining
order, or
other order as may be appropriate shall be
granted by
the court.
(C) The department
of commerce may compel by subpoena the
attendance of witnesses to testify in relation to any matter over
which it has jurisdiction and which is the subject of inquiry and
investigation by it, and require the production of any book,
paper, or document pertaining to such matter. In case any person
fails to file any statement or report, obey any subpoena, give
testimony, or produce any books, records, or papers as required
by
such a subpoena, the court of common pleas of any county in
the
state, upon application made to it by the department, shall
compel
obedience by attachment proceedings for contempt, as in
the case
of disobedience of the requirements of a subpoena issued
from such
court, or a refusal to testify therein.
(D) When the department determines that a person not
licensed under this chapter is engaged in or is believed to be
engaged in activities for which a license is required under this
chapter, the department may issue an order to that person
requiring
him
the person to show cause as to why
he
the person
should not be subject to
licensing under this chapter. If the
department, after a
hearing, determines that the activities in
which the person is
engaged are subject to licensing under this
chapter, the
department may issue a cease-and-desist order which
shall
describe the person and activities which are subject to the
order. A cease-and-desist order issued under this section shall
be enforceable in and may be appealed to the common pleas courts
of this state under Chapter 119. of the Revised Code.
Sec. 4707.19. The department of
commerce
agriculture may
make reasonable rules necessary
for the implementation of the
provisions of this chapter pursuant to Chapter
119. of the Revised
Code. The department may hear testimony in matters
relating to
the duties imposed on it, and any person authorized by the
director
of
commerce
agriculture may administer oaths. The
department may require other proof of
the honesty, truthfulness,
and good reputation of any person named in the
application for an
auctioneer's, apprentice auctioneer's, or special
auctioneer's
license before admitting the applicant to an examination or
issuing a license.
Sec. 4707.20. (A) No person shall act as an auctioneer or
special auctioneer on a sale at auction until the person has
first
entered into a written contract or agreement in duplicate with
the
owner or consignee of any property to be sold, containing the
terms and conditions upon which the licensee receives or accepts
the property for sale at auction. The contracts or agreements
shall, for a period of two years, be kept on file in the office
of
every person so licensed. No apprentice auctioneer shall be
authorized to enter into such contract or agreement without the
written consent of the apprentice auctioneer's sponsoring
auctioneer and all contracts or
agreements shall be made in the
name of and on behalf of the
sponsoring auctioneer.
(B) On all contracts or agreements between an auctioneer
or
special auctioneer and the owner or consignee, there shall
appear
a prominent statement indicating that the auctioneer or
special
auctioneer is licensed by the
department of
commerce
agriculture,
and is bonded in favor of the state.
(C) The auctioneer or special auctioneer who contracts
with
the owner is liable for the settlement of all money
received,
including the payment of all expenses incurred only by
the
licensee and the distribution of all funds, in connection
with an
auction.
Sec. 4707.21. No auctioneer, apprentice auctioneer, or
special
auctioneer
shall willfully neglect or refuse to furnish
the department of
commerce
agriculture
statistics or other
information in
his
the auctioneer's, apprentice
auctioneer's, or
special auctioneer's possession or under
his
the auctioneer's,
apprentice auctioneer's, or special auctioneer's
control, which
he
the auctioneer, apprentice auctioneer, or special auctioneer
is
authorized to collect; nor shall
he
the auctioneer, apprentice
auctioneer, or special auctioneer neglect or refuse, for
more than
thirty days, to answer questions submitted on circulars; nor
shall
he
the auctioneer, apprentice auctioneer, or special
auctioneer
knowingly
answer any such questions falsely; nor shall
he
the
auctioneer,
apprentice auctioneer, or special auctioneer refuse to
obey
subpoenas and
give testimony. Licensees shall keep records
relative to any
auction sale for
at least two years from the date
of sale. These records shall
include
settlement sheets, written
contracts, and copies of any advertising that lists
the items for
sale.
Sec. 4707.23. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the department
of
commerce
agriculture shall
comply
with
sections 3123.41 to 3123.50 of the
Revised Code and
any applicable rules adopted under
section
3123.63 of the Revised
Code
with respect to a license issued
pursuant to this chapter.
Sec. 4707.99. (A) Whoever acts as an auctioneer,
apprentice
auctioneer, or special auctioneer as defined in
section 4707.01 of
the Revised Code, without first obtaining a
license, upon
conviction thereof, shall be fined not less than
one hundred nor
more than one thousand dollars, or imprisoned not
more than ninety
days, or both.
(B) Whoever violates this chapter or any rule promulgated
by
the department of
commerce
agriculture in the administration of
this
chapter, for the violation of which no penalty is provided,
shall
be fined not less than fifty nor more than two hundred
dollars.
(C) Whoever violates section 4707.151 of the Revised Code
shall be fined not more than fifty thousand dollars, or
imprisoned
not more than one year, or both.
Sec. 4713.10. The state board of cosmetology shall charge
and collect the following fees:
(A) For application to take the examination for a license
to
practice cosmetology, or any branch thereof, twenty-one
dollars;
(B) For the re-examination of any applicant who has
previously failed to pass the examination,
fourteen
twenty-one
dollars;
(C) For the issuance or renewal of a cosmetology,
manicurist, or esthetics instructor's license,
thirty dollars;
(D) For the issuance or renewal of a managing
cosmetologist's, managing manicurist's, or managing esthetician's
license, thirty dollars;
(E) For the issuance or renewal of a cosmetology school
license, two hundred fifty dollars;
(F) For the inspection and issuance of a new beauty salon,
nail salon, or esthetics salon or the change of name or ownership
of a beauty salon, nail salon, or esthetics salon license,
sixty
dollars;
(G) For the renewal of a beauty salon, nail salon, or
esthetics salon license, fifty dollars;
(H) For the issuance or renewal of a cosmetologist's,
manicurist's, or esthetician's license, thirty dollars;
(I) For the restoration of any lapsed license which may be
restored pursuant to section 4713.11 of the Revised Code, and in
addition to the payments required by that section, thirty
dollars;
(J) For the issuance of a license under section 4713.09 of
the Revised Code, sixty dollars;
(K) For the issuance of a duplicate of any license, fifteen
dollars;
(L) For the preparation and mailing of a licensee's
records
to another state for a reciprocity license, fifty
dollars;
(M) For the processing of any fees related to a check from a
licensee
returned to the board for insufficient funds, an
additional twenty dollars.
Each applicant shall, in addition to the fees specified,
furnish the applicant's own models.
Sec. 4715.03. (A) The state dental board shall organize
by
the election from its members of a president and a secretary.
It
shall hold meetings monthly at least eight months a year at
such
times and places as the board designates. A majority of the
members of the board shall constitute a quorum. The board shall
make such reasonable rules as it determines necessary pursuant to
Chapter 119. of the Revised Code.
(B) A concurrence of a majority of the members of the
board
shall be required to grant, refuse, suspend, place on
probationary
status, revoke, refuse to renew, or refuse to
reinstate a license
or censure a license holder.
(C) The board shall adopt rules establishing standards for
the safe practice of dentistry and dental hygiene by qualified
practitioners and shall, through its policies and activities,
promote such practice.
The board shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing universal blood and body fluid
precautions that shall be used by each person licensed under this
chapter who performs exposure prone invasive procedures. The
rules shall define and establish requirements for universal blood
and body fluid precautions that include the following:
(1) Appropriate use of hand washing;
(2) Disinfection and sterilization of equipment;
(3) Handling and disposal of needles and other sharp
instruments;
(4) Wearing and disposal of gloves and other protective
garments and devices.
(D) The board shall administer and enforce the provisions
of
this chapter. The board shall investigate evidence which
appears
to show that any person has violated any provision of
this
chapter. Any person may report to the board under oath any
information such person may have appearing to show a violation of
any provision of this chapter. In the absence of bad faith, any
person who reports such information or who testifies before the
board in any disciplinary proceeding conducted pursuant to
Chapter
119. of the Revised Code is not liable for civil damages
as a
result of
his
making the report or
providing
testimony. If after
investigation
the board determines that there are reasonable
grounds to believe
that a violation of this chapter has occurred,
the board shall
conduct disciplinary proceedings pursuant to
Chapter 119. of the
Revised Code
or provide for a license holder
to participate in the quality intervention program established
under section 4715.031 of the Revised Code. The board shall not
dismiss any complaint or
terminate any investigation except by a
majority vote of its
members. For the purpose of any disciplinary
proceeding or any
investigation conducted
prior to a disciplinary
proceeding
under this division, the
board may administer oaths,
order the taking of depositions,
issue subpoenas, compel the
attendance and testimony of persons
at depositions and compel the
production of books, accounts,
papers, documents, or other
tangible things. The hearings and
investigations of the board
shall be considered civil actions for
the purposes of section
2305.251 of the Revised Code.
Notwithstanding section 121.22 of
the Revised Code, proceedings
of the board relative to the
investigation of a complaint or the
determination whether there
are reasonable grounds to believe
that a violation of this chapter
has occurred are confidential
and are not subject to discovery in
any civil action.
(E) The board shall examine or cause to be examined
eligible
applicants to practice dentistry and dental hygiene.
The board may
distinguish by rule different classes of qualified
personnel
according to skill levels and require all or only
certain of these
classes of qualified personnel to be examined
and certified by the
board.
(F) In accordance with Chapter 119. of the Revised Code,
the
board shall adopt, and may amend or rescind, rules
establishing
the eligibility criteria, the application and permit
renewal
procedures, and safety standards applicable to a dentist
licensed
under this chapter who applies for a permit to employ or
use
conscious intravenous sedation. These rules shall include
all of
the following:
(1) The eligibility requirements and application
procedures
for an eligible dentist to obtain a conscious
intravenous sedation
permit;
(2) The minimum educational and clinical training
standards
required of applicants, which shall include
satisfactory
completion of an advanced cardiac life support
course;
(3) The facility equipment and inspection requirements;
(5) Requirements for reporting adverse occurrences.
Sec. 4715.031. (A) The state dental board shall develop and
implement a quality intervention program. The board may propose
that the holder of a license issued by the board participate in
the program if the board determines pursuant to an investigation
conducted under section 4715.03 of the Revised Code that there are
reasonable grounds to believe the license holder has violated a
provision of this chapter due to a clinical or communication
problem that could be improved through participation in the
program and determines that the license holder's participation in
the program is appropriate. The board shall refer a license
holder who agrees to participate in the program to an educational
and assessment service provider selected by the board.
The board shall select educational and assessment service
providers, which may include quality intervention program panels
of case reviewers. A provider selected by the board to provide
services to a license holder shall recommend to the board the
educational and assessment services the license holder should
receive under the program. The license holder may begin
participation in the program if the board approves the services
the provider recommends. The license holder shall pay the amounts
charged by the provider for the services.
The board shall monitor a license holder's progress in the
program and determine whether the license holder has successfully
completed the program. If the board determines that the license
holder has successfully completed the program, it may continue to
monitor the license holder, take other action it considers
appropriate, or both. If the board determines that the license
holder has not successfully completed the program, it shall
commence disciplinary proceedings against the license holder under
section 4715.03 of the Revised Code.
The board may adopt rules in accordance with Chapter 119. of
the Revised Code to further implement the quality intervention
program.
Sec. 4715.13. Applicants for licenses to practice
dentistry
or for a general anesthesia permit or a conscious
intravenous
sedation permit shall pay to the secretary of the
state dental
board the following fees:
(A) For license by examination, one hundred
forty-one
ninety
dollars if issued in an odd-numbered year or
two
three hundred
thirty-five
seventeen dollars if issued in an even-numbered
year;
(B) For license by endorsement, one hundred
forty-one
ninety
dollars if issued in an odd-numbered year or
two
three hundred
thirty-five
seventeen dollars if issued in an even-numbered year;
(C) For duplicate license, to be granted upon proof of
loss
of the original,
fifteen
twenty dollars;
(D) For a general anesthesia permit,
ninety-four
one
hundred
twenty-seven dollars;
(E) For a conscious intravenous sedation permit,
ninety-four
one hundred twenty-seven dollars.
The fee in division (A) of this section may be refunded to
an
applicant who is unavoidably prevented from attending the
examination, or the applicant may be examined at the next
regular
or special meeting of the board without an additional fee.
An applicant who fails the first examination may be
re-examined at the next regular or special meeting of the board
without an additional fee.
Sec. 4715.14. (A) Each person who is licensed to practice
dentistry in Ohio shall, on or before the first day of January of
each even-numbered year, register with the state dental board.
The registration shall be made on a form prescribed by the board
and furnished by the secretary, shall include the licensee's
name,
address, license number, and such other reasonable
information as
the board may consider necessary, and shall
include payment of a
biennial registration fee of
one
two hundred
sixty-three
twenty
dollars. This fee shall be paid to the
treasurer of
state. All
such registrations shall be in effect for the
two-year period
beginning on the first day of January of the
even-numbered year
and ending on the last day of December of the
following
odd-numbered year, and shall be renewed in accordance
with the
standard renewal procedure of sections 4745.01 to
4745.03 of the
Revised Code. The failure of a licensee to renew
the licensee's
registration in accordance with this section
shall result in an
automatic suspension of the licensee's license to
practice
dentistry.
(B) Any dentist whose license has been suspended under
this
section may be reinstated by the payment of the
biennial
registration fee and in addition thereto
sixty
eighty-one dollars
to cover
costs of the reinstatement; excepting that to any
licensed
dentist who desires to temporarily retire from practice,
and who
has given the board notice in writing to that effect, the
board
shall grant such a retirement, provided only that at that
time
all previous registration fees and additional costs of
reinstatement have been paid.
(C) Each dentist licensed to practice, whether a resident
or
not, shall notify the secretary in writing of any change in
the
dentist's office address or employment within ten days
after such
change has taken place. On the first day of July of every
even-numbered year, the secretary shall issue a printed roster of
the names and addresses so registered.
Sec. 4715.16. (A) Upon payment of a fee of
seven
ten
dollars
and fifty cents, the state dental board may without
examination issue a
limited resident's license to any person who
is a graduate of a dental
college, is authorized to practice in
another state or
country or qualified to take the regular
licensing examination in
this state, and furnishes the board
satisfactory proof of having been
appointed a dental resident at
an accredited dental
college in this state or at an accredited
program of a hospital
in this state, but has not yet been licensed
as a dentist by
the board. Any person receiving a limited
resident's license
may practice dentistry only in connection with
programs operated
by the dental college or hospital at which the
person is
appointed as a resident as designated on the person's
limited resident's
license, and only under the direction of a
licensed dentist who is a member of
the dental staff of the
college or hospital or a dentist holding a current
limited
teaching license issued under division (B) of this section, and
only on bona fide patients of such programs. The holder of a
limited resident's license may be disciplined by the board
pursuant to section 4715.30 of the Revised Code.
(B) Upon payment of
seventy-five
one hundred one dollars and
upon
application
endorsed by an accredited dental college in this
state, the board may without
examination issue a limited teaching
license to a dentist who is a graduate of a dental college, is
authorized to
practice dentistry in another state or country,
and
has full-time appointment to the faculty of the endorsing
dental
college. A limited teaching license is subject to annual
renewal
in accordance with the standard renewal procedure of
Chapter 4745.
of the Revised Code, and
automatically expires upon termination of
the full-time faculty
appointment. A person holding a limited
teaching license may
practice dentistry only in connection with
programs operated by
the endorsing dental college. The board may
discipline the
holder of a limited teaching license pursuant to
section 4715.30
of the Revised Code.
(C)(1) As used in this division:
(a)
"Continuing dental education practicum" or
"practicum"
means a course of instruction, approved by the American dental
association, Ohio dental association, or academy of general
dentistry, that is designed to improve the clinical skills of a
dentist by requiring the dentist to participate in clinical
exercises on patients.
(b)
"Director" means the person responsible for the
operation
of a practicum.
(2) Upon payment of
seventy-five
one hundred one dollars and
application
endorsed
by the director of a continuing dental
education practicum, the
board shall, without examination, issue a
temporary
limited continuing education license to a resident of a
state
other than Ohio who is licensed to practice dentistry in
such
state and is in good standing, is a graduate of an accredited
dental college, and is registered to participate in the endorsing
practicum. The determination of whether a dentist is in good
standing shall be made by the board.
A dentist holding a temporary limited continuing education
license may practice dentistry only on residents of the state in
which the dentist is permanently licensed or on patients
referred
by a
dentist licensed pursuant to section 4715.12 or 4715.15 of
the
Revised Code to an instructing dentist licensed pursuant to
one
of those sections, and only while participating in a
required
clinical exercise of the endorsing practicum on the
premises of
the facility where the practicum is being conducted.
Practice under a temporary limited continuing education
license shall be under the direct supervision and full
professional responsibility of an instructing dentist licensed
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall
be limited to the performance of those procedures necessary to
complete the endorsing practicum, and shall not exceed thirty
days
of actual patient treatment in any year.
(3) A director of a continuing dental education practicum
who endorses an application for a temporary limited continuing
education license shall, prior to making the endorsement, notify
the state dental board in writing of the identity of the sponsors
and the faculty of the practicum and the dates and locations at
which it will be offered. The notice shall also include a brief
description of the course of instruction. The board
may prohibit
a continuing dental education practicum from
endorsing
applications for temporary limited continuing education
licenses
if the board determines that the practicum is engaged in
activities that constitute a threat to public health and safety
or
do not constitute bona fide continuing dental education, or
that
the practicum permits activities which otherwise violate
this
chapter. Any continuing dental education practicum
prohibited
from endorsing applications may request an
adjudication pursuant
to Chapter 119. of the Revised
Code.
A temporary limited continuing education license shall be
valid only when the dentist is participating in the endorsing
continuing dental education practicum and shall expire at the end
of one year. If the dentist fails to complete the endorsing
practicum in one year, the board may, upon the dentist's
application and payment of a fee of seventy-five dollars,
renew
the
temporary limited continuing education license for a
consecutive
one-year period. Only two renewals may be granted.
The holder
of a temporary limited continuing education license may
be
disciplined by the board pursuant to section 4715.30 of the
Revised Code.
(D) The board shall act either to approve or
to deny any
application for a limited license pursuant to
division (A), (B),
or (C) of this section not later than sixty days of
the date the
board receives the application.
Sec. 4715.21. Each person who desires to practice as a
dental hygienist shall file with the secretary of the state
dental
board a written application for a license, under oath,
upon the
form prescribed. Such applicant shall furnish
satisfactory proof
of being at least eighteen years of age and of
good moral
character. An applicant shall present a diploma or
certificate of
graduation from an accredited dental hygiene
school and shall pay
the examination fee of
seventy-one
ninety-six dollars
if the
license is issued in an odd-numbered year or one
hundred
nine
forty-seven
dollars if issued in an even-numbered year. Those
passing such
examination as the board prescribes relating to
dental hygiene
shall receive a certificate of registration
entitling them to
practice. If an applicant fails to pass the
first examination
the applicant
may apply for a re-examination at
the next regular or special
examination meeting of the board.
No applicant shall be admitted to more than two
examinations
without first presenting satisfactory proof that the
applicant
has
successfully completed such refresher courses in an
accredited
dental hygiene school as the state dental board may
prescribe.
An accredited dental hygiene school shall be one accredited
by the council on dental education of the American dental
association or whose educational standards are recognized by the
council on dental education of the American dental association
and
approved by the state dental board.
Sec. 4715.24. (A) Each person who is licensed to practice
as a dental hygienist in Ohio shall, on or before the first day
of
January of each even-numbered year, register with the state
dental
board. The registration shall be made on a form
prescribed by the
board and furnished by the secretary, shall
include the licensee's
name, address, license number, and such
other reasonable
information as the board may consider necessary,
and shall include
payment of a biennial registration fee of
seventy-five
one hundred
one
dollars. This fee shall be paid to the treasurer of state.
All
such registrations shall be in effect for the two-year period
beginning on the first day of January of each even-numbered year
and ending on the last day of December of the following
odd-numbered year, and shall be renewed in accordance with the
standard renewal procedure of sections 4745.01 to 4745.03 of the
Revised Code. The failure of a licensee to renew
registration in
accordance with this section shall result in the
automatic
suspension of the licensee's license to practice
as a dental
hygienist.
(B) Any dental hygienist whose license has been suspended
under this section may be reinstated by the payment of the
biennial registration fee and in addition thereto
twenty-three
thirty-one
dollars to cover the costs of reinstatement.
(C) The license of a dental hygienist shall be exhibited
in
a conspicuous place in the room in which the dental hygienist
practices. Each dental hygienist licensed to practice, whether a
resident or not, shall notify the secretary in writing of any
change in the dental hygienist's office address or
employment
within ten days after
the change takes place.
Sec. 4715.27. The state dental board may issue a license
to
an applicant who furnishes satisfactory proof of being at
least
eighteen years of age, of good moral character and who
demonstrates, to the satisfaction of the board, knowledge of the
laws, regulations, and rules governing the practice of a dental
hygienist; who proves, to the satisfaction of the board, intent to
practice as a dental hygienist in this state; who is a
graduate
from an accredited school of dental hygiene and who
holds a
license by examination from a similar dental board, and
who passes
an examination as prescribed by the board relating to
dental
hygiene.
Upon payment of
forty-three
fifty-eight dollars and upon
application
endorsed by an accredited dental hygiene school in
this state,
the state dental board may without examination issue a
teacher's
certificate to a dental hygienist, authorized to
practice in
another state or country. A teacher's certificate
shall be
subject to annual renewal in accordance with the standard
renewal
procedure of sections 4745.01 to 4745.03 of the Revised
Code, and
shall not be construed as authorizing anything other
than
teaching or demonstrating the skills of a dental hygienist in
the
educational programs of the accredited dental hygiene school
which endorsed the application.
Sec. 4717.02. (A) There is hereby created
the board of
embalmers and funeral directors consisting of seven
members to be
appointed by the governor with the advice and consent of
the
senate.
Four
Five members shall be licensed embalmers and
practicing funeral directors, each with at least ten consecutive
years of experience in this state immediately preceding the
date
of the person's
appointment. One member; one of these members
shall be knowledgeable and experienced in operating a
crematory
and is not required to be, but may be, a licensed embalmer or
funeral director. Two members shall represent the public; at
least
one of
the two
these members shall be at least sixty years
of age.
(B) Terms of office are for five years,
commencing on the
first day of July and ending on the
last day of June. Each
member shall hold office from
the date of the member's appointment
until the end of the term for which
the member was appointed.
Before entering upon the duties of the office,
each member shall
take and file with the secretary of state an
oath of office as
required by Section 7 of
Article XV, Ohio Constitution.
(C) The governor may remove a member of the
board for
neglect of duty, incompetency, or immoral
conduct. Vacancies
shall be filled in the manner provided for
original appointments.
Any member appointed to fill a vacancy
occurring prior to the
expiration date of the term for which the member's
predecessor was
appointed shall hold office as a member for the
remainder of that
term. A member shall continue in office
subsequent to the
expiration date of the member's term until the member's
successor
takes office, or until a period of sixty days has elapsed,
whichever occurs first.
(D) Each member of the board shall receive an
amount fixed
under division (J) of section 124.15 of the
Revised Code for each
day, not to exceed sixty
days per year, employed in the discharge
of the member's duties as a board
member, together with any
necessary expenses incurred in the
performance of those duties.
Sec. 4717.07. (A) The board of embalmers and
funeral
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral
director's license, five dollars;
(2) For the issuance of an embalmer or funeral director
registration,
twenty-five dollars;
(3) For filing an embalmer or funeral director certificate
of
apprenticeship, ten dollars;
(4) For the application to take the examination for a
license to practice as an embalmer or funeral director, or to
retake a section of the examination, thirty-five dollars;
(5) For the
biennial renewal of an embalmer's or funeral
director's license,
sixty
one hundred twenty dollars;
(6) For the
initial issuance
and renewal of a license to
operate a funeral home, one hundred twenty-five dollars
and
biennial renewal of a license to operate a funeral home, two
hundred fifty dollars;
(7) For the reinstatement of a lapsed embalmer's or
funeral
director's license, the renewal fee prescribed in division
(A)(5)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(8) For the reinstatement of a lapsed license to
operate a
funeral home, the renewal fee prescribed in division (A)(6)
of
this section plus fifty dollars for each month or portion of a
month the
license is lapsed until reinstatement;
(9) For the
initial issuance
and renewal of a license to
operate an embalming facility, one hundred dollars
and biennial
renewal of a license to operate an embalming facility, two hundred
dollars;
(10) For the reinstatement of a lapsed license to
operate an
embalming facility, the renewal fee prescribed in division
(A)(9)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(11) For the
initial issuance
and renewal of a license to
operate a crematory facility, one hundred dollars
and biennial
renewal of a license to operate a crematory facility, two hundred
dollars;
(12) For the reinstatement of a lapsed license to
operate a
crematory facility, the renewal fee prescribed in division
(A)(11)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(13) For the issuance of a duplicate of a license issued
under this
chapter, four dollars.
(B) In addition to the fees set forth in
division (A) of
this section, an applicant shall pay the
examination fee assessed
by any examining agency the board uses
for any section of an
examination required under this chapter.
(C) Subject to the approval of the controlling
board, the
board of embalmers and funeral directors may establish
fees in
excess of the amounts set forth in this section, provided
that
these fees do not exceed the amounts set forth in this
section by
more than fifty per cent.
Sec. 4717.08. (A) Every license
issued under this chapter
expires on the last day of
December of
the
each even-numbered year
of its issuance and shall be renewed
on or before that date
according to the standard license renewal
procedure set forth in
Chapter 4745. of the
Revised Code. Licenses not
renewed by the
last day of December
of each even-numbered year are lapsed.
(B) A holder of a lapsed license to operate a
funeral home,
license to operate an embalming facility, or
license to operate a
crematory facility may reinstate the
license with the board by
paying the lapsed
license fee established under section 4717.07 of
the Revised Code.
(C) A holder of a lapsed embalmer's or funeral
director's
license may reinstate the license with the board by
paying the
lapsed license fee established under section 4717.07
of the
Revised Code, except that if the license
is lapsed for more than
one hundred eighty days after its expiration date, the
holder also
shall take and pass the Ohio
laws examination for each license as
a condition for
reinstatement.
Sec. 4717.09. (A) Every two years, licensed
embalmers and
funeral directors shall attend between twelve and
thirty hours of
educational programs as a condition for renewal
of their licenses.
The board of embalmers and funeral directors shall
determine, by
rule, the educational programs that meet the
continuing education
requirements and the number of hours a
licensee shall attend
adopt
rules governing the administration and enforcement of the
continuing education requirements of this section. The board may
contract with a professional organization or association or other
third party to assist it in performing functions necessary to
administer and enforce the continuing education requirements of
this section. A professional organization or association or other
third party with whom the board so contracts may charge a
reasonable fee for performing these functions to licensees or to
the persons who provide continuing education programs.
(B) A person holding both an embalmer's license
and a
funeral director's license need meet only the continuing
education
requirements established by the board for one or the
other of
those licenses in order to satisfy the requirement of
division (A)
of this section.
(C) The board shall not renew the license of a licensee who
fails
to meet the continuing
education requirements of this
section and who has not been
granted a waiver or exemption under
division (D) of this
section.
(D) Any licensee who fails to meet the
continuing education
requirements of this section because of
undue hardship or
disability, or who is not actively engaged in
the practice of
funeral directing or embalming in this state, may
apply to the
board for a waiver or an exemption. The board shall
determine, by
rule, the procedures for applying for a waiver or
an exemption
from continuing education requirements under this
section and
under what conditions a waiver or an exemption may be
granted.
Sec. 4723.062. The board of nursing may solicit and accept
grants and services to develop and maintain a program that
addresses patient safety and health care issues related to the
supply of and demand for nurses and other health care workers.
The
board shall not solicit or accept a grant or service that
interferes with the board's independence or objectivity.
All money received by the board under this section shall be
deposited into the nursing special issue fund which is hereby
created in the state treasury. The board shall use money in the
fund to pay the costs it incurs in implementing this section.
Sec. 4723.08. (A) The board of nursing may impose fees
not
to exceed the following limits:
(1) For application for licensure by examination to
practice
nursing as a registered nurse or as a licensed practical
nurse,
fifty dollars;
(2) For application for licensure by endorsement to
practice
nursing as a registered nurse or as a licensed practical
nurse,
fifty dollars;
(3) For application for a certificate of authority to
practice nursing
as a certified registered nurse anesthetist,
clinical nurse specialist,
certified nurse-midwife, or certified
nurse practitioner, one hundred
dollars;
(4) For application for a temporary dialysis technician
certificate, the
amount specified in rules adopted under section
4723.79 of the Revised Code;
(5) For application for a full dialysis technician
certificate, the amount
specified in rules adopted under section
4723.79 of the Revised Code;
(6) For application for a certificate to prescribe, fifty
dollars;
(7) For verification of a nursing license, certificate of
authority, or dialysis technician certificate to another
jurisdiction, fifteen dollars;
(8) For providing a replacement copy of a nursing
license,
certificate of authority, or dialysis technician certificate,
fifteen dollars;
(9) For biennial renewal of a nursing license
that expires
on or before August 31, 2003,
thirty-five
dollars;
(10)
Except as provided in division
(C) of this section, for
For biennial renewal of a nursing license that expires on or after
September 1, 2003, forty-five dollars;
(11) For biennial renewal of a certificate of authority to
practice nursing as a certified registered nurse anesthetist,
clinical nurse specialist, certified nurse mid-wife, or certified
nurse practitioner that expires on or before August 31, 2005, one
hundred dollars;
(12) For biennial renewal of a certificate of
authority
to
practice
nursing as a certified registered nurse anesthetist,
clinical nurse
specialist,
certified nurse-midwife, or certified
nurse practitioner
that expires on or after September 1, 2005,
eighty-five dollars;
(11)(13) For renewal of a certificate to prescribe,
fifty
dollars;
(12)(14) For biennial renewal of a dialysis technician
certificate, the amount specified in rules adopted under section
4723.79 of
the Revised Code;
(13)(15) For processing a late application for renewal of a
nursing
license, certificate of authority, or dialysis technician
certificate, fifty
dollars;
(14)(16) For application for authorization to approve
continuing nursing education programs and courses from an
applicant accredited by a national accreditation system for
nursing, five hundred dollars;
(15)(17) For application for authorization to approve
continuing nursing education programs and courses from an
applicant not accredited by a national accreditation system for
nursing, one thousand dollars;
(16)(18) For each year for
which authorization to approve
continuing nursing education programs and courses is renewed,
one
hundred fifty dollars;
(17)(19) For application for approval to operate a dialysis
training program, the amount specified in rules adopted under
section 4723.79
of the Revised Code;
(18)(20) For reinstatement of a lapsed
nursing license
or,
certificate of authority,
or dialysis technician certificate, one
hundred dollars;
(19)(21) For written verification of a nursing license,
certificate of authority, or dialysis technician certificate,
other than
verification to another jurisdiction, five dollars.
The
board may contract
for services pertaining to this
verification
process and the collection of the fee, and may
permit
the
contractor to retain a portion of the fees as
compensation,
before
any amounts are deposited into the state
treasury.
(22) For processing a check returned to the board by a
financial institution as noncollectible, twenty-five dollars.
(B) Each quarter, for purposes of transferring funds under
section 4743.05
of the Revised Code to the nurse education
assistance fund created in section 3333.28
of the Revised Code,
the board of nursing shall certify to
the director of budget and
management the number of biennial
licenses renewed under this
chapter during the
preceding quarter
and the amount equal to that
number times five
dollars.
(C) The fee for biennial renewal of a certificate of
authority to
practice nursing as a certified nurse-midwife,
certified registered nurse
anesthetist, certified nurse
practitioner, or clinical nurse specialist that
expires on or
before August 31, 2005, is one hundred dollars.
Sec. 4723.32. This chapter does not prohibit any of the
following:
(A) The practice of nursing by a student
currently enrolled
in and actively pursuing completion of a prelicensure
nursing
education program approved by the board of nursing, if
the
student's practice is under
the auspices of the program and the
student acts under the
supervision of a registered nurse serving
for the program
as a faculty member, teaching assistant, or
preceptor;
(B) The rendering of medical assistance to a licensed
physician,
licensed dentist, or licensed podiatrist by a person
under the
direction, supervision, and control of such licensed
physician,
dentist, or podiatrist;
(C) The activities of persons employed as nursing aides,
attendants, orderlies, or other auxiliary workers in patient
homes, nurseries, nursing homes, hospitals, home health agencies,
or other similar institutions;
(D) The provision of nursing services to family members or
in emergency situations;
(E) The care of the sick when
done in connection with the
practice of religious tenets of any church and by or for its
members;
(F) The practice of nursing as a certified registered
nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified
nurse practitioner by a student currently
enrolled
in and actively pursuing completion of a program of study
leading
to initial authorization by the board to practice nursing in the
specialty, if the program qualifies the student to sit for the
examination of
a national certifying organization listed in
division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under section
4723.46 of the Revised Code, or
the
program
prepares the student to receive a master's degree in
accordance
with division
(A)(2) of section 4723.41 of the Revised
Code, the student's practice is under the auspices of the program,
and the student acts under the supervision of a registered nurse
serving for the program as a faculty member, teaching assistant,
or preceptor;
(G) The
activities of an individual who currently holds a
license to practice
nursing in another jurisdiction, if the
individual's license has not been
revoked, the individual is not
currently under suspension or on probation, the
individual does
not represent the individual as being licensed under this
chapter,
and one of the following is the case:
(1) The individual is engaging in the practice of nursing by
discharging
official duties while employed by or under contract
with the
United
States government or any agency
thereof;
(2) The individual is engaging in the practice of nursing as
an employee
of an individual, agency, or corporation located in
the other
jurisdiction in a position with employment
responsibilities
that include transporting patients into, out of,
or through this
state, as long as each trip in this state does not
exceed seventy-two
hours;
(3) The individual is consulting with an individual licensed
in this
state to practice any health-related profession;
(4) The individual is engaging in activities associated with
teaching in
this state
as a guest lecturer at or for a nursing
education
program, continuing nursing education program, or
in-service
presentation;
(5) The individual is conducting evaluations of nursing care
that are
undertaken on
behalf of an accrediting organization,
including the national
league for nursing accrediting committee,
the joint commission
on accreditation of healthcare organizations,
or any other nationally
recognized accrediting organization;
(6) The individual is providing nursing care to an
individual who is in
this state on a temporary basis, not to
exceed six months in any
one calendar year, if the nurse is
directly employed by or under
contract with the individual or a
guardian or other person
acting on the individual's behalf;
(7) The individual is providing nursing care during any
disaster, natural
or otherwise, that has been officially declared
to be a disaster
by a public announcement issued by an appropriate
federal,
state, county, or municipal official.
Sec. 4723.79. The board of nursing shall adopt rules to
administer and enforce sections 4723.71 to 4723.79 of the
Revised
Code. The board shall adopt
the rules in accordance with
Chapter
119. of the
Revised Code. The rules shall
establish or specify
all of the following:
(A) The application
process, fee, and requirements for
approval, reapproval, and withdrawing the
approval of a dialysis
training
program under section 4723.74 of the
Revised Code. The
requirements shall
include standards that must be satisfied
regarding curriculum,
length of training, and instructions in
patient care.
(B) The application
process, fee, and requirements for
issuance of a certificate
under section 4723.75 of the
Revised
Code, except that the amount of the fee shall be no greater than
the
fee charged under division (A)(1) of section 4723.08 of the
Revised Code;
(C) The application
process, fee, and requirements for
issuance of a temporary certificate under
section 4723.76 of the
Revised Code;
(D) The process for
approval of testing organizations under
section 4723.751 of the Revised Code;
(E) Subjects to be
included in a certification examination
provided for in division
(B)(1) of section 4723.75 of the
Revised
Code;
(F) The schedule, fees,
and continuing education
requirements for renewal of a certificate
under section 4723.77 of
the
Revised Code, except that the fee for the renewal of a
certificate shall be no greater than the fee charged under
division
(A)(9) of section 4723.08 of the Revised Code
or,
effective September 1, 2003, division (A)(10) of that section;
(G) Standards and procedures for establishing and
maintaining
the dialysis registry
required by section 4723.78 of
the
Revised
Code, including standards and procedures that persons
must follow in
providing the information to be included in the
registry;
(H) Standards for the
administration of medication by
dialysis technicians under
section 4723.72 of the Revised
Code;
(I) The information a dialysis provider is to provide to the
board when attesting to a person's competence to perform dialysis;
(J) Standards and procedures for the supervision of dialysis
technicians who provide dialysis care in a patient's home,
including monthly
home visits by a
registered nurse to monitor the
quality of the dialysis care;
(K) Any other procedures
or requirements necessary for the
administration and enforcement
of sections 4723.71 to 4723.79 of
the
Revised
Code.
Sec. 4725.44. (A) The Ohio optical dispensers board shall
be responsible for
the administration of sections 4725.40 to
4725.59 of the Revised Code and, in
particular, shall process
applications for licensure as licensed dispensing
opticians;
schedule, administer, and supervise the qualifying examinations
for
licensure
or contract with a testing service to schedule,
administer, and supervise the qualifying examination for
licensure; issue licenses to qualified individuals; revoke and
suspend
licenses; and maintain adequate records with respect to
its operations and
responsibilities.
(B) The board shall adopt, amend, or rescind rules, pursuant
to Chapter 119.
of the Revised Code, for the licensure of
dispensing opticians, and such other
rules as are required by or
necessary to carry out the responsibilities imposed
by sections
4725.40 to 4725.59 of the Revised Code.
(C) The board shall have no authority to adopt rules
governing the employment
of dispensing opticians, the location or
number of optical stores, advertising
of optical products or
services, or the manner in which such products can be
displayed.
Sec. 4725.48. (A) Any person who desires to engage in
optical dispensing, except as provided in section 4725.47 of the
Revised Code, shall file a properly completed written application
for an examination with the Ohio optical dispensers board or with
the testing
service the board has contracted with pursuant to
section 4725.49 of the
Revised Code. The application
for
examination shall be made on a form provided by the board
or
testing service and shall be accompanied by an examination fee the
board
shall establish by rule. Applicants must return the
application to the board
or testing service at least sixty days
prior to the date the examination is
scheduled to be administered.
(B) Except as provided in section 4725.47 of the Revised
Code, any person who desires to engage in optical dispensing shall
file a properly completed written application for a license with
the board with the appropriate license fee as set forth under
section 4725.50 of the Revised Code.
No person shall be eligible to
take any examination
apply for
a license under
this division, unless
he
the person is at least
eighteen years
of age,
is of
good moral character,
is free of
contagious or infectious disease,
and
has received a passing
score, as determined by the board, on the examination administered
under division (A) of this section, is a graduate of an accredited
high school of any state, or has
received an
equivalent education
equivalent thereto.
(B) Except as provided in division (C) of this section,
each
person who desires to dispense optical aids shall be
eligible to
take the qualifying examination for such practice,
if, in addition
to satisfying the criteria of division (A) of
this section,
he
and
has successfully completed either of
the
following:
(1) Two years of supervised experience under a licensed
dispensing optician, optometrist, or physician engaged in the
practice of ophthalmology, up to one year of which may be
continuous experience of not less than thirty hours a week in an
optical laboratory;
(2) A two-year college level program in optical dispensing
that has been approved by the board and that includes, but is not
limited to, courses of study in mathematics, science, English,
anatomy and physiology of the eye, applied optics, ophthalmic
optics, measurement and inspection of lenses, lens grinding and
edging, ophthalmic lens design, keratometry, and the fitting and
adjusting of spectacle lenses and frames and contact lenses,
including methods of fitting contact lenses and post-fitting
care.
(C)
A registered apprentice or a student in an approved
college level program in optical dispensing may take the
qualifying examination after completion of one year of the
apprenticeship or program but shall not be eligible for licensure
until
he has completed
the second year of the
apprenticeship or
program.
(D) Any person who desires to obtain a license to practice
as an ocularist
shall file a properly completed written
application with the board accompanied
by the appropriate fee and
proof that the applicant has met the requirements
for licensure.
The board shall establish, by rule, the application fee and
the
minimum requirements for licensure, including education,
examination, or
experience standards recognized by the board as
national standards for
ocularists. The board shall issue a
license to practice as an ocularist to an
applicant who satisfies
the requirements of this division and rules adopted
pursuant to
this division.
Sec. 4725.49. (A) The Ohio optical dispensers board
shall
examine each applicant eligible for examination under section
4725.48 of the
Revised Code. The board may provide for the
examination of applicants by
designing, preparing, and
administering the qualifying examinations or by
contracting with a
testing service that is nationally recognized as being
capable of
determining competence to dispense optical aids as a licensed
spectacle dispensing optician, a licensed contact lens dispensing
optician, or
a licensed spectacle-contact lens dispensing
optician. Any examination used
shall be designed to measure
specific performance
requirements, be professionally constructed
and validated, and be
independently and objectively administered
and scored in order to
determine the applicant's competence to
dispense optical aids.
(B) The board shall ensure that it, or the testing service
it contracts with,
does all of the following:
(1) Provides public notice as to the date, time, and place
for each
examination at least ninety days prior to the
examination;
(2) Offers each qualifying examination at least twice each
year in Columbus,
except as provided in division (C) of this
section;
(3) Provides to each applicant all forms necessary to apply
for examination;
(4) Provides all materials and equipment necessary for the
applicant to take
the examination.
(C) If the number
of applicants for any qualifying
examination is less than ten, the examination
may be postponed.
The board or testing service shall provide the applicant with
written
notification of the postponement and of the next date the
examination is
scheduled to be administered.
(D) No limitation shall be placed upon the number of times
that
an applicant may repeat any qualifying examination, except
that, if an
applicant fails an examination for a third time, the
board may require that
the applicant, prior to retaking the
examination, undergo additional study in
the areas of the
examination in which
he
the applicant
experienced difficulty.
Sec. 4729.65. (A) Except as provided in division (B) of
this section, all receipts of the state board of pharmacy, from
any source, shall be deposited into the state treasury to the
credit of the
occupational licensing and regulatory
pharmacy board
operating fund, which is hereby created. All moneys derived from
fees the board is entitled to collect under this chapter shall be
deposited to the credit of the fund. All moneys deposited into
the state treasury pursuant to this section shall be used solely
for the administration and enforcement of this chapter. All
vouchers of the
board shall be approved by the president or
executive director
of the board, or both, as authorized by the
board. All initial issuance
fees and renewal fees required by
sections 4729.01 to 4729.54 of
the Revised Code shall be payable
by the applicant at the time of
making application.
(B)(1) There is hereby created in the state treasury
the
board of pharmacy drug law enforcement fund. All moneys that
are
derived from any fines, mandatory fines, or forfeited
bail to
which
the board may be entitled under Chapter 2925., division
(C)(1) of
section 2923.42, or division (B)(5)
of section 2925.42
of the Revised Code and all moneys that are
derived from
forfeitures of property to which the board may be
entitled
pursuant to Chapter 2925. of the Revised Code, section
2923.32,
2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the
Revised
Code, any other
section of the Revised Code, or federal law shall
be deposited
into the fund. Subject to division (B)(2) of this
section,
division (D)(2)(c) of section 2923.35, division (B)(5) of
section
2923.44, division (B)(7)(c) of section
2923.46,
and
divisions (D)(1)(c)
and (3) of section 2933.43 of the Revised
Code, the moneys in the
fund shall be used solely to subsidize the
drug law enforcement
efforts of the board.
(2) Notwithstanding any contrary provision in the Revised
Code, moneys that are derived from forfeitures of property
pursuant to federal law and that are deposited into the board of
pharmacy drug law enforcement fund in accordance with division
(B)(1) of this section shall be used and accounted for in
accordance with the applicable federal law, and the board
otherwise shall comply with that law in connection with the
moneys.
(C) All fines and forfeited bonds assessed and collected
under prosecution or prosecution commenced in the enforcement of
this chapter shall be paid to the executive director of the board
within thirty days and by the executive director paid into
the
state treasury to the credit of the
occupational licensing and
regulatory
pharmacy board operating
fund. The board, subject to
the approval of the controlling board and except
for fees required
to be established by the board at amounts "adequate" to
cover
designated expenses, may establish fees in excess of the amounts
provided by this chapter, provided that such fees do not exceed
the amounts permitted by this chapter by more than fifty per
cent.
Sec. 4731.14. (A) As used in this section,
"graduate
medical education" has the same meaning as in section 4731.091 of
the Revised Code.
(B) The state medical board shall issue its certificate to
practice medicine and surgery or osteopathic medicine and surgery
as follows:
(1) The board shall issue its certificate to each
individual
who was admitted to the board's examination by meeting
the
educational requirements specified in division (B)(1) or (3)
of
section 4731.091 of the Revised Code if the individual
passes the
examination, pays a certificate issuance fee of
three hundred
dollars, and submits evidence satisfactory to the
board that the
individual has successfully completed not less than twelve
months
of graduate medical education or its equivalent as determined by
the
board.
(2) Except as provided in section 4731.142 of the Revised
Code, the board shall issue its certificate to each
individual who
was admitted to the board's examination by meeting the
educational
requirements specified in division (B)(2) of section
4731.091 of
the Revised Code if the individual passes the
examination, pays a
certificate issuance fee of three hundred dollars, submits
evidence satisfactory to the board that the individual has
successfully completed not less than twenty-four months of
graduate medical
education through the second-year level of
graduate medical education or
its equivalent as determined by the
board, and, if the individual
passed the examination prior to
completing twenty-four months of
graduate medical education or its
equivalent, the individual
continues to meet the moral character
requirements for admission to the
board's examination.
(C) Each certificate issued by the board shall be signed
by
its president and secretary, and attested by its seal. The
certificate shall be on a form prescribed by the board and shall
indicate the medical degree held by the individual to
whom the
certificate is issued. If the individual holds
the degree of
doctor of medicine, the certificate shall state that
the
individual is authorized to practice medicine and surgery pursuant
to the laws of this state. If the individual holds the
degree of
doctor of osteopathic medicine, the certificate shall state that
the individual is authorized to practice osteopathic medicine
and
surgery pursuant to the laws of this state. If the
individual
holds a medical degree other than the
degree of doctor of medicine
or doctor of osteopathic medicine,
the certificate shall indicate
the diploma, degree, or other
document issued by the medical
school or institution the
individual attended and shall state that
the
individual is authorized to practice
medicine and surgery
pursuant to the laws of this state.
(D) The certificate shall be prominently displayed in the
certificate holder's office or place where a major portion of
the
certificate holder's practice is conducted and shall entitle the
holder to practice either medicine and surgery or osteopathic
medicine and
surgery provided the certificate holder maintains
current
registration as required by section
4731.281 of the
Revised Code and provided further that such
certificate has not
been revoked, suspended, or limited by action
of the state medical
board pursuant to this chapter.
(E) An affirmative vote of not less than six members of
the
board is required for the issuance of a certificate.
(F) If an individual receives an initial or renewed training
certificate under section 4731.291 of the Revised Code and
not
later than four months thereafter applies for a certificate under
this
section, the fee required by division (B)(1) of this section
shall be
reduced by the amount of the fee paid for the training
certificate.
Sec. 4731.53. At the time an applicant files
an application,
the applicant shall file with the secretary of the
state medical
board evidence of preliminary education showing that
the applicant
has satisfactorily completed at least two years of
collegiate work
in
an approved college of arts and sciences in addition to high
school graduation. When the entrance examiner finds the
preliminary education of the applicant sufficient, the entrance
examiner shall issue
a certificate of preliminary examination upon
the payment to the
treasurer of the board of a fee of thirty-five
dollars. Such
certificate shall be attested by the secretary.
The applicant shall also present a diploma from a college
of
podiatric medicine and surgery in good standing as
defined by the
board at the time
the diploma was issued. The applicant shall
present an affidavit
that the applicant is the person named in the
diploma and is
the lawful possessor thereof stating the
applicant's age,
residence, the school at which the applicant
obtained
education in podiatric medicine and surgery, the time
spent in the study of podiatric medicine and surgery,
and such
other facts as the board may require.
The applicant shall also present proof of completion of one
year of postgraduate training in a podiatric internship,
residency,
or clinical fellowship program accredited by the
council on
podiatric medical education or the American podiatric
medical
association.
Sec. 4731.573. (A) An individual seeking to pursue an
internship,
residency, or
clinical fellowship
program in podiatric
medicine and surgery in this state, who does not hold a
certificate to practice podiatric
medicine
and surgery issued
under this
chapter, shall apply to the state medical board for a
training
certificate. The application shall be made on forms that
the
board shall furnish and shall be accompanied by an application
fee of seventy-five dollars.
An applicant for a training certificate shall furnish
to the
board all of the following:
(1) Evidence satisfactory to the board that the applicant
is
at least eighteen years of age and is
of good
moral character;
(2) Evidence satisfactory to the board that the applicant
has been accepted or appointed to
participate in
this state in one
of the following:
(a) An internship or residency program accredited by
either
the council on podiatric medical education
or the American
podiatric medical association;
(b) A clinical fellowship program at an institution with a
residency program accredited by either the council
on podiatric
medical education or the American podiatric medical
association
that is in a
clinical field the same as or related to the clinical
field of
the fellowship program.
(3) Information identifying the beginning and ending dates
of the period for which the applicant has been accepted or
appointed to
participate in the internship, residency, or clinical
fellowship
program;
(4) Any other information that the board requires.
(B) If no grounds for denying a certificate under
section
4731.22 of the Revised Code apply and the
applicant meets the
requirements of division (A) of this
section, the board shall
issue a training certificate to the
applicant. The board shall
not require an examination as a
condition of receiving a training
certificate.
A training certificate issued pursuant to this section
shall
be valid only for the period of one year, but may in the
discretion of the board and upon application duly made, be
renewed
annually for a maximum of five years. The fee for renewal of a
training certificate shall be
thirty-five dollars.
The board shall maintain a register of all
individuals
who
hold training certificates.
(C) The holder of a valid training certificate shall be
entitled to perform such acts as may be prescribed by or
incidental to the holder's internship, residency, or
clinical
fellowship program, but the holder shall not be
entitled otherwise
to engage in the practice of podiatric medicine and surgery in
this state. The holder
shall limit activities under the
certificate to the programs of the hospitals or facilities for
which the training certificate is issued. The holder shall train
only under the supervision of the podiatrists responsible for
supervision as part of the internship, residency, or clinical
fellowship program. A training certificate may be revoked by the
board upon proof, satisfactory to the board, that the holder
thereof has engaged in practice in this state outside the scope
of
the internship, residency, or clinical fellowship program for
which the training certificate has been issued, or upon proof,
satisfactory to the board, that the holder thereof has engaged in
unethical conduct or that there are grounds for action against
the
holder under section 4731.22 of the Revised Code.
(D) The board may adopt rules as the board finds
necessary
to effect the purpose of this section.
Sec. 4734.20.
(A) Except for persons seeking to
practice
chiropractic under a special limited license issued
pursuant to
section 4734.27 of the
Revised
Code, each
person seeking to
practice chiropractic
in this
state shall
apply in writing to
the state chiropractic
board for a license to practice
chiropractic. The application shall be
made
under oath, on a form
prescribed by the
board, and
shall
be accompanied by a fee of two
hundred fifty dollars.
(B) Except as provided
in sections 4734.23 and 4734.24 of
the Revised Code, to receive a chiropractic
license, an applicant
must meet the following conditions:
(1) The applicant must be at least twenty-one years of age,
be of
good moral
character, and possess a high school education
or its
equivalent.
(2) The applicant must have successfully completed, prior to
matriculation at a school or college of chiropractic, at least two
years of college credit in the arts and sciences at a
college or
university accredited by a state or regional
accrediting
organization recognized by the board, except that the board may
adopt
rules in accordance with Chapter 119. of the Revised Code
that require completion
of additional years of college credit or
receipt of a college degree in an
area specified in the rules.
(3) The applicant must be a graduate of and hold the
degree of doctor of chiropractic from a
school or
college of
chiropractic approved by the board under
section 4734.21 of the
Revised Code.
(4) The applicant
must have received one of the following
from the national board of
chiropractic examiners, as appropriate
according to the date of
the applicant's graduation from a school
or
college of chiropractic:
(a) If the applicant graduated on or after
January 1, 1970,
but before
January 1, 1989, a
"diplomate
certificate" or
"certificate of attainment" evidencing passage of parts
I and
II
and the physiotherapy
section of the national board's
examinations;
(b) If the applicant graduated on or after
January 1, 1989,
but before
January 1,
2000
2002, a
"certificate
of attainment"
evidencing passage of parts
I,
II, and
III and the physiotherapy
section of the national board's examinations;
(c) If the applicant graduated on or after
January 1,
2000
2002,
a
"certificate
of attainment" evidencing passage of
parts
I,
II,
III, and
IV and the physiotherapy
section of the
national
board's
examinations.
(5) The applicant must have passed the board's jurisprudence
examination
conducted under section 4734.22 of the
Revised
Code.
(C) The board shall
issue a license to practice chiropractic
to each applicant who
files a complete application, pays all
applicable fees, and
meets the conditions specified in division
(B) of this section. The
burden of proof is on the applicant, to
prove by clear and
convincing evidence to the board, that the
applicant meets the
conditions for receipt of the license.
The board may conduct any investigation it considers
appropriate to verify an applicant's credentials, moral
character,
and fitness to receive a license. In conducting an
investigation,
the board may request information from the
records maintained by
the federal bureau of investigation, the
bureau of criminal
identification and investigation, and any
other repositories of
criminal records held in this or another state. The
board may
charge the applicant a fee for conducting the investigation. The
amount
of the fee shall not exceed the expenses the board incurs
in
conducting the investigation and may include any fees that must
be
paid to obtain information in the criminal record.
Sec. 4736.12. (A) The state board of sanitarian
registration shall charge the following fees:
(1) To apply as a sanitarian-in-training,
fifty-five
fifty-seven dollars;
(2) For sanitarians-in-training to apply for registration
as
sanitarians,
fifty-five
fifty-seven dollars. The applicant
shall
pay this
fee only once regardless of the number of times the
applicant takes
an examination required under section 4736.08 of
the Revised Code.
(3) For persons other than sanitarians-in-training to
apply
for registration as sanitarians, including persons meeting
the
requirements of section 4736.16 of the Revised Code, one
hundred
ten
fourteen dollars. The
applicant shall pay this fee only once
regardless of the number
of times the applicant takes an
examination required under section
4736.08 of the Revised Code.
(4) The renewal fee for registered sanitarians shall be
fixed by the board and shall not exceed
fifty-eight
sixty-one
dollars.
(5) The renewal fee for sanitarians-in-training shall be
fixed by the board and shall not exceed
fifty-eight
sixty-one
dollars.
(6) For late application for renewal, twenty-five dollars.
The board of sanitarian registration, with the approval of
the controlling board, may establish fees in excess of the
amounts
provided in this section, provided that such fees do not
exceed
the amounts permitted by this section by more than fifty
per cent.
(B) The board of sanitarian registration shall charge
separate fees for examinations as required by section 4736.08 of
the Revised Code, provided that the fees are not in excess of the
actual cost to the board of conducting the examinations.
(C) The board of sanitarian registration may adopt rules
establishing fees for all of the following:
(1) Application for the registration of a training agency
approved under
rules adopted by the board pursuant to section
4736.11 of the Revised Code and for the annual
registration
renewal of an approved training agency.
(2) Application for the review of continuing education hours
submitted for
the board's approval by approved training agencies
or by registered
sanitarians or sanitarians-in-training.
Sec. 4736.14. The state board of sanitarian registration
may, upon
application
and proof of valid registration, issue a
certificate of registration to any
resident of this state
person
who is or has been registered as a sanitarian by any
other state,
if the requirements of that state at the time of such
registration
are determined by the board to be at least equivalent to the
requirements of
this chapter.
Sec. 4743.05. Except as otherwise provided in
sections
section
4701.20, and 4729.65 of the Revised Code, all money
collected
under Chapters 3773., 4701., 4703., 4709., 4713., 4715.,
4717.,
4723., 4725.,
4729., 4732., 4733., 4734., 4736., 4741.,
4753.,
4755., 4757., 4759., and 4761.
of the Revised Code, and
until
December 31, 2004, money
collected under Chapter 4779. of
the
Revised
Code, shall
be paid into the state treasury to the
credit
of the occupational
licensing and regulatory fund, which is
hereby
created for use in
administering such chapters.
Money
deposited
to
the credit of the fund under section 4731.24 of the
Revised
Code
shall be used
until July 1, 1998, for administering
Chapters
4730.
and 4731.
of the Revised Code.
At the end of each quarter, the director of budget and
management shall
transfer
from the occupational licensing and
regulatory fund to the nurse
education assistance fund created in
section 3333.28
of the Revised Code the amount certified to the
director
under division (B) of section 4723.08 of the Revised
Code.
At
the end of the first quarter of 1995 and at the end of
each quarter
thereafter, the director shall transfer from the
occupational licensing and regulatory fund to the certified
public
accountant education assistance fund created in section
4701.26 of
the Revised Code the amount certified to the
director under
division
(D)(H)(2) of section 4701.10 of the Revised Code.
Sec. 4755.01. As used in sections 4755.01 to 4755.12 and
section 4755.99 of the Revised Code:
(A) "Occupational therapy" means the evaluation of
learning
and performance skills and the analysis, selection, and
adaptation
of activities for an individual whose abilities to
cope with daily
living, perform tasks normally performed at
his
the individual's
stage of development, and perform vocational tasks are
threatened
or impaired by developmental deficiencies, the aging process,
environmental deprivation, or physical, psychological, or social
injury or illness, through specific techniques which include:
(1) Planning and implementing activities and programs to
improve sensory and motor functioning at the level of performance
normal for the individual's stage of development;
(2) Teaching skills, behaviors, and attitudes crucial to
the
individual's independent, productive, and satisfying social
functioning;
(3) Designing, fabricating, applying, recommending, and
instructing in the use of selected orthotic or prosthetic devices
and other equipment which assists the individual to adapt to
his
the individual's potential or actual impairment;
(4) Analyzing, selecting, and adapting activities to
maintain the individual's optimal performance of tasks and to
prevent further disability;
(5) Administration of topical drugs that have been prescribed
by a licensed health professional authorized to prescribe drugs,
as defined in section 4729.01 of the Revised Code.
(B) "Occupational therapist" means a person who is
licensed
to practice occupational therapy and who offers such
services to
the public under any title incorporating the words
"occupational
therapy," "occupational therapist," or any similar
title or
description of services.
(C) "Occupational therapy assistant" means a person
licensed
to apply the more standard occupational therapy
techniques under
the general supervision of an occupational
therapist.
Sec. 4761.05. (A) The Ohio respiratory care board shall
issue a license to any applicant who complies with the
requirements of section 4761.04 of the Revised Code, files the
prescribed application form, and pays the fee or fees required
under section 4761.07 of the Revised Code. The license entitles
the holder to practice respiratory care. The licensee
shall
display the license
in a conspicuous place at the licensee's
principal place of
business.
(B)(1) The board shall issue a limited permit to any
applicant who meets the requirements of division (A)(1) of
section
4761.04 of the Revised Code, files the prescribed
application
form, pays the fee required under section 4761.07 of
the Revised
Code, and meets either of the following requirements:
(a) Is enrolled in and is in good standing in a
respiratory
care educational program approved by the board that
meets the
requirements of division (A)(2) of section 4761.04 of
the Revised
Code leading to a degree or certificate of
completion or is a
graduate of the program;
(b) Is employed as a provider of respiratory care in this
state and was employed as a provider of respiratory care in this
state prior
to
March 14, 1989.
(2) The limited permit authorizes the holder
to provide
respiratory care under the supervision of a respiratory care
professional. A person issued a limited permit under division
(B)(1)(a) of this section may practice respiratory
care under the
limited permit for not more than the earliest of the
following:
(a) Three years after the date the limited permit is issued;
(b) One year following the date of receipt of a certificate
of
completion from a board-approved respiratory care education
program;
(c) Until the holder
completes or discontinues participation
in the educational program.
The board may extend the term of a limited permit in cases of
unusual
hardship. The holder seeking an extension shall petition
the board in the
form and manner prescribed by the board in rules
adopted under section 4761.03
of the Revised Code. This division
does not require a
student enrolled in an educational program
leading
to a degree or certificate of completion in respiratory
care approved by the
board to
obtain a limited permit to perform
any duties that are part of
the required course of study.
(3) A person issued a limited permit under division
(B)(1)(b) of this section may practice under a limited
permit for
not more than three years, except that this restriction does not
apply to a permit holder who, on March
14, 1989, has been employed
as a provider of respiratory care for
an average of not less than
twenty-five hours per week for a
period of not less than five
years by a hospital.
(C) All holders of licenses and limited permits issued
under
this section shall display, in a conspicuous place on their
persons, information that identifies the
type of authorization
under which they
practice.
Sec. 4775.01. As used in this chapter:
(A)
"Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code.
(B)
"Collision" means an occurrence in which two or more
objects, whether mobile or stationary, contact one another in a
manner that causes the alteration of the surface, structure, or
appearance, whether separately or collectively, of an object that
is party to the occurrence.
(C)
"Collision repair" means any and all restorative or
replacement procedures that are performed on and affect or
potentially affect the structural, life safety, and cosmetic
components of a motor vehicle that has been damaged as a result of
a collision.
"Collision repair" also includes any procedure that
is employed for the purpose of repairing, restoring, replacing, or
refinishing, whether wholly or separately, any structural, life
safety, or cosmetic component of a motor vehicle to a condition
approximating or replicating the function, use, or appearance of
the component prior to a collision.
(D)
"Motor vehicle collision repair operator" means
a
any
person
who
owns or manages, in whole or in part, a motor vehicle
collision repair
facility,
whether or not
mechanical or
other
repairs also are performed at the facility, sole proprietorship,
foreign or domestic partnership, limited liability corporation, or
other legal entity that is not an employee or agent of a principal
and performs five or more motor vehicle collision repairs in a
calendar year, but does not mean any of the
following:
(1) An employee, other than a manager, of a motor vehicle
collision repair
operator;
(2) A motor vehicle dealer licensed pursuant to sections
4517.01 to
4517.45 of the Revised Code;
(3) A motor vehicle dealer licensed pursuant
to sections
4517.01 to 4517.45 of the Revised
Code who also is the owner, part
owner, or
operator of a motor vehicle collision repair facility;
(4) A motor vehicle auction owner licensed pursuant to
sections 4517.01
to 4517.45 of the Revised
Code;
(5) A motor vehicle leasing dealer licensed pursuant to
sections
4517.01 to 4517.45 of the Revised Code;
(6) A motor vehicle salvage dealer licensed pursuant to
sections 4738.01
to
4738.18
Chapter 4738. of the Revised Code;
(7) A person or lessee who owns or leases ten or more motor
vehicles
used principally in connection with any established
business and who does not
perform motor vehicle collision repairs
on motor vehicles other than the motor
vehicles used principally
in connection with the established business;
(8) A motor vehicle renting dealer as defined in division
(A)(2)
of section 4549.65 of the Revised Code who does not perform
motor vehicle collision repairs
on motor vehicles other than the
motor vehicles used in connection with the
established motor
vehicle renting business;
(9) A person who performs collision repairs to the motor
vehicles of a
single commercial, industrial, or governmental
establishment exclusively and
does not offer or provide motor
vehicle collision repair service to the
general public;
(10) The owner, part owner, or officer of, or instructor
employed by, an
educational institution that provides instruction
in motor vehicle collision
repair while the owner, part owner,
officer of, or instructor is engaging in
activity in furtherance
of instruction in motor vehicle collision repair.
(C)(E)
"Motor vehicle collision repair facility" means a
business
location
in
from which five or more separate motor
vehicle collision repairs are
performed
for the general public
on
motor vehicles in a
twelve-month period, commencing with the day
of the month in which the first
such repair is made.
Sec. 4775.02.
(A) No person shall act as a motor vehicle
collision repair
operator unless the person is registered in
accordance with this chapter.
(B) Any person or entity that conducts or attempts to
conduct business as a motor vehicle collision repair operator in
violation of this chapter performs an unfair and deceptive act or
practice in violation of section 1345.02 of the Revised Code.
Sec. 4775.08. (A)
The initial and annual renewal fee for
a
motor
vehicle collision repair registration certificate and for a
temporary
motor vehicle collision repair registration certificate
is one hundred
fifty
dollars for each business location at which
the
motor vehicle collision repair
operator conducts business as
an
operator, except that the board of motor
vehicle collision
repair
registration, with the approval of the controlling
board,
may
establish fees in excess of or less than that amount, provided
that
such fees do not exceed or are not less than that amount by
more than fifty
per cent.
The board shall adjust the fees as necessary in order to
provide for the
expenses associated with carrying out this chapter
without causing an
excessive build-up of surplus funds in the
motor vehicle collision repair
registration fund, which is hereby
created in the state treasury.
(B)
If the board has notified or attempted to notify a motor
vehicle collision repair operator that the operator is required to
be registered under this chapter, and the operator fails to
register, the initial fee for the registration of such an
unregistered operator for each business location at which the
operator conducts business as an operator, is the initial fee then
in effect plus an
additional amount equal to the initial fee then
in effect for each
calendar year that the operator is not
registered after the board
has notified or attempted to notify the
operator.
(C) The board shall deposit all fees and fines collected
under
this chapter into the motor vehicle collision repair
registration fund, which
is hereby created in the state treasury.
The board shall use the fund solely
for the administration and
enforcement of this chapter.
Sec. 4775.99.
(A) Whoever violates section 4775.02 of the
Revised Code shall be fined not
more than one thousand dollars on
a first offense. On each subsequent
offense, the offender shall
be fined not less than one thousand nor more than
five thousand
dollars.
(B) After conducting an investigation and upon establishing
that a violation of section 4775.02 of the Revised Code has
occurred, the board of motor vehicle collision repair
registration, in addition to any other action it may take or any
other penalty imposed pursuant to this chapter, may impose an
administrative fine on the person or entity that committed the
violation in an amount of not more than one thousand dollars on a
first offense. On each subsequent offense, the board may impose
an administrative fine of not less than one thousand dollars nor
more than five thousand dollars. If the administrative fine is
not paid, the attorney general, upon the board's request, shall
commence a civil action to collect the administrative fine.
Sec. 4779.01. As used in this chapter:
(A) "Accommodative" means designed with the primary goal of
conforming to the anatomy of a particular individual.
(B) "Full-time" means not less than one thousand six hundred
hours per year.
(C) "Inlay" means any removable material on which the foot
rests
inside a shoe and that may be an integral design component
of the
shoe.
(D) "Orthotics" means the evaluation, measurement, design,
fabrication, assembly, fitting, adjusting, servicing, or training
in the use
of an orthotic or pedorthic device, or the repair,
replacement, adjustment, or service of an existing orthotic or
pedorthic device. It does not include upper extremity adaptive
equipment used to facilitate the activities of daily living,
finger splints,
wrist splints, prefabricated elastic
or fabric
abdominal supports
with or without metal or
plastic reinforcing
stays
and other prefabricated soft goods requiring minimal
fitting, nontherapeutic accommodative inlays,
shoes that are not
manufactured or modified for a particular individual,
prefabricated foot care products, durable
medical equipment,
dental appliances, pedorthic devices, or
devices implanted into
the body by a physician.
(E) "Orthotic device" means a custom fabricated or fitted
medical
device used to support, correct, or alleviate
neuromuscular or
musculoskeletal dysfunction, disease, injury, or
deformity.
(F) "Pedorthics" means the evaluation, measurement, design,
fabrication, assembly, fitting, adjusting, servicing, or training
in the use
of a pedorthic device, or the repair, replacement,
adjustment, or servicing of a pedorthic device.
(G) "Pedorthics device" means a custom fabricated or fitted
therapeutic shoe, shoe modification for therapeutic purposes,
prosthetic
filler of the forefoot, or foot orthosis for use from
the apex of the
medical malleus
medial malleolus and below. It
does not include an arch support, a
nontherapeutic accommodative
inlay, nontherapeutic accommodative
footwear, prefabricated
footcare products, or unmodified,
over-the-counter shoes.
(H) "Prosthetics" means the evaluation, measurement, design,
fabrication, assembly, fitting, adjusting, servicing, or training
in the use of a prosthesis or pedorthic device, or the repair,
replacement, adjustment, or service of a prosthesis or pedorthic
device.
(I) "Prosthesis" means a custom fabricated or fitted medical
device used to replace a missing appendage or other external body
part. It
includes an artificial limb, hand, or foot, but does
not
include devices implanted into the body by a physician,
artificial
eyes, intraocular lenses, dental appliances, ostomy
products,
cosmetic devices such as breast prostheses, eyelashes,
wigs, or
other devices that do not have a significant impact on
the
musculoskeletal functions of the body.
Sec. 4779.02. (A) Except as provided in division (B) of
this
section, no person shall practice or represent that the person is
authorized to practice orthotics, prosthetics, or pedorthics
unless the person
holds a current, valid license issued or renewed
under this chapter.
(B) Division (A) of this section does not apply to any
of
the following:
(1) An individual who holds a current, valid license,
certificate,
or registration issued under Chapter 4723., 4730.,
4731., 4734., or
4755. of the Revised Code and is
practicing
within the individual's scope of practice under statutes and
rules
regulating the individual's profession;
(2) An individual who practices orthotics, prosthetics, or
pedorthics
as an employee of the federal government and is engaged
in the
performance of duties prescribed by statutes and
regulations of the
United States;
(3) An individual who provides orthotic, prosthetic, or
pedorthic
services under the supervision of a licensed orthotist,
prosthetist, or
pedorthist in accordance with section 4779.04 of
the Revised Code;
(4) An individual who provides orthotic, prosthetic, or
pedorthic
services as part of an educational, certification, or
residency program
approved by the board under sections 4779.25 to
4779.27 of the
Revised Code;
(5) An individual who provides orthotic, prosthetic, or
pedorthic services under the direct supervision of an individual
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery.
Sec. 4779.16. The state board of orthotics, prosthetics, and
pedorthics shall issue a license under section 4779.09 of the
Revised Code to
practice orthotics, prosthetics,
orthotics and
prosthetics, or pedorthics without examination to an applicant
who
meets the requirements of divisions (A) and (B) of this
section:
(A) Not later than July 27, 2001, applies to
the board in
accordance with section 4779.09 of the
Revised Code;
(B)(1) In the case of an applicant for a license to practice
orthotics, is actively practicing or teaching
orthotics on
October
27, 2000, and complies with division
(B)(2)(1)(a) or (b) of
this
section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from a
nationally
accredited college or university in the United
States;
(ii) Has completed a certificate program in
orthotics
approved by the board under section 4779.26 of the
Revised Code;
(iii) Is certified in orthotics by the American board
for
certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(iv) Has completed a residency program approved by the board
under section 4779.27 of the Revised Code.
(b) The individual meets both of the following requirements:
(i) Has a minimum of three years of documented,
full-time
experience practicing or teaching orthotics;
(ii) Has passed the certification examination in
orthotics
developed by the American board of certification in
orthotics and
prosthetics, the board of orthotist/prosthetist certification,
or
an
equivalent organization recognized by the board.
(2) In the case of an applicant for a license to practice
prosthetics, is actively practicing or teaching
prosthetics on
October 27, 2000, and complies with division
(B)(2)(a) or (b) of
this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from a
nationally
accredited college or university in the United
States;
(ii) Has completed a certificate program in
prosthetics
approved by the board under section 4779.26 of the
Revised Code;
(iii) Is certified in prosthetics by the American board
for
certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(iv) Has completed a residency program approved by the board
under section 4779.27 of the Revised Code.
(b) The applicant meets both of the following requirements:
(i) Has a minimum of three years of documented,
full-time
experience practicing or teaching prosthetics;
(ii) Has passed the certification examination in
prosthetics
of the American board of certification in orthotics and
prosthetics, the board of orthotist/prosthetist certification, or
an
equivalent organization recognized by the board.
(3) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant complies with division
(B)(3)(a) or (b) of this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from an
accredited
college or university in the United States;
(ii) Has completed a certificate program in
orthotics and
prosthetics approved by the board under section 4779.26 of
the
Revised Code;
(iii) Has completed a residency program in
orthotics and
prosthetics approved under section 4779.27 of the
Revised Code;
(iv) Is certified in orthotics and prosthetics by the
American board for
certification in orthotics and prosthetics, the
board of
orthotist/prosthetist certification, or an equivalent
successor
organization recognized by the board;
(b) The applicant meets both of the following requirements:
(i) Has a minimum of six years of documented,
full-time
experience practicing or teaching orthotics and
prosthetics;
(ii) Has passed the orthotics and prosthetics
certification
examination requirements of the American board for
certification
in orthotics and prosthetics, the board of orthotist/prosthetist
certification, or an equivalent organization recognized by the
board.
(4) In the case of an applicant for a license to practice
pedorthics, is actively practicing or teaching pedorthics
on
October 27,
2000, and is certified in pedorthics by the
board for
certification in pedorthics.
Sec. 4779.19. A license issued under section 4779.09 of the
Revised Code or
renewed under section 4779.20 of the Revised Code
is valid
for not less than
three years and not more than four
years and
from the date of issuance until the date it expires,
unless
earlier suspended or revoked. An initial license and each
renewed
license expires on the
thirty-first day of January
immediately
succeeding the date of issuance.
Sec. 4779.20. (A) An individual seeking to renew a license
issued under section 4779.09 of the Revised Code shall, on or
before the
thirty-first day
of January of the year in
which the
license expires
pursuant to section 4779.19 of the Revised Code,
apply for renewal. The
state board of orthotics, prosthetics, and
pedorthics shall send
renewal notices at least one month prior to
the expiration date.
Applications shall be submitted to the board on forms the
board
prescribes and furnishes. Each application shall be
accompanied by a
renewal fee specified in rules adopted by the
board under section 4779.08 of
the Revised Code, except that the
board may waive part of the renewal fee for the first
renewal of
an initial license that expires one hundred days or
less after it
is issued.
(B)
To be eligible for renewal other than a first renewal,
the
Beginning with the fourth renewal and every third renewal
thereafter, a
license holder must certify to the board one of the
following:
(1) In the case of an individual licensed as an orthotist or
prosthetist, the individual has completed within the preceding
three
years forty-five continuing education units granted by the
board
under section 4779.24 of the Revised Code;
(2) In the case of an individual licensed as a prosthetist
and
orthotist, the individual has completed within the preceding
three
years seventy-five continuing education units granted by the
board
under section 4779.24 of the Revised Code;
(3) In the case of an individual licensed as a pedorthist,
the
individual has completed within the previous three years the
continuing education courses required by the board for
certification in pedorthics or an equivalent organization
recognized by the board.
Sec. 4779.26. The state board of orthotics, prosthetics, and
pedorthics shall recognize a certificate program in orthotics,
prosthetics, or orthotics and prosthetics if the program satisfies
all of the
following requirements:
(A) Meets the requirements in divisions
(B), (C), (D), (E),
(F),
(K), and (L) of section
4779.24
4779.25 of the Revised
Code;
(B) In the case of a certificate program in orthotics, the
program does all of the following:
(1) Provides not less than two semesters or three quarters
of
instruction in orthotics;
(2) Requires students to complete not less than two hundred
fifty hours of supervised clinical experience that focuses on
patient-related activities, recommendation, measurement,
impression-taking, model rectification, fabrication, fitting, and
evaluating patients in the use and function of orthotics;
(3) Meets the requirements in divisions (G) and (H) of
section 4779.25 of the Revised Code.
(C) In the case of a certificate program in prosthetics, the
program does all of the following:
(1) Provides not less than two semesters or three quarters
of
instruction in prosthetics;
(2) Requires students to complete not less than two hundred
fifty hours of supervised clinical experience that focuses on
patient-related activities, recommendation, measurement,
impression-taking, model rectification, fabrication, fitting, and
evaluating patients in the use and function of prosthetics;
(3) Meets the requirements in divisions (F) and (I) of
section 4779.25 of
the Revised Code.
(D) In the case of a certificate program in orthotics and
prosthetics, the program does both of the following:
(1) Provides not less than two semesters or three quarters
of
instruction in orthotics and two semesters or three quarters of
instruction in
prosthetics;
(2) Meets the requirements in divisions (H) and (I) of
section 4779.25 of the Revised Code.
Sec. 4905.87. (A) To the extent funding is available in the
biomass energy program fund, the public utilities commission shall
maintain a program to promote the development and use of biomass
energy.
(B) The biomass energy program fund is hereby created in the
state treasury. Money received by the commission for the program
maintained under this section shall be credited to the fund, and
used for that program.
Sec. 4911.02. (A) The consumers' counsel shall be
appointed
by the consumers' counsel governing board, and shall
hold office
at the pleasure of the board.
(B)(1) The counsel may sue or be sued and has the powers
and
duties granted
him
the counsel under this chapter, and all
necessary powers to carry out the purposes of this chapter.
(2) Without limitation because of enumeration, the
counsel:
(a) Shall have all the rights and powers of any party in
interest appearing before the public utilities commission
regarding examination and cross-examination of witnesses,
presentation of evidence, and other matters;
(b) May take appropriate action with respect to
residential
consumer complaints concerning quality of service,
service
charges, and the operation of the public utilities
commission;
(c) May institute, intervene in, or otherwise participate
in
proceedings in both state and federal courts and
administrative
agencies on behalf of the residential consumers
concerning review
of decisions rendered by, or failure to act by,
the public
utilities commission;
(d) May conduct long range studies concerning various
topics
relevant to the rates charged to
residenial
residential consumers;
(e) May promote and encourage training opportunities,
awareness initiatives, educational programs, research, and
dissemination of information helpful and useful to residential
consumers. To carry out those purposes, the counsel may promote
the availability of the office of the consumers' counsel's
services, educational efforts, awareness initiatives, and
programs.
Sec. 4911.17. There is hereby created a nine-member
consumers' counsel
governing board consisting of three
representatives of organized
groups representing each of the
following areas: labor; residential
consumers;
and family farmers.
No more than five members of this board
may be members of the same
political party.
The members of the board shall be appointed by the attorney
general with the advice and consent of the senate.
No later than January 1, 1977, the attorney general shall
make
initial appointments to the board. Of the initial
appointments
made to the board, three shall be for a term ending
one year after
September 1,
1976, three shall be for a term
ending
two years after that date, and three shall be for a term
ending
three years after that date. Thereafter, terms of office
shall be
for three years, each term ending on the same day of the
same
month of the year as did the term that it succeeds.
Each
member
shall hold office from the date of the member's
appointment until
the end of the term for which the member was appointed. Any
member
appointed to fill a vacancy occurring prior to the
expiration of
the term for which the member's predecessor was
appointed
shall hold office
for the remainder of that term. Any
member shall continue
in
office subsequent to the expiration date
of the member's
term until the member's
successor takes office.
The governing board
shall meet within thirty days after all
appointments have been made and select from among its membership a
chairperson and
vice-chairperson. The board shall
meet at least
every
other
third month
thereafter
of the year. Meetings may be
held more often at the
request of a majority of the members or
upon call of the
chairperson.
A
At the first meeting of each year,
the board shall select a chairperson and vice-chairperson. With
the approval of the board, the chairperson may designate the
vice-chairperson to perform the duties of the chairperson,
including those provided in section 4901.021 of the Revised Code.
A majority of the members constitutes a quorum. No
action
shall be
taken without the concurrence of a majority of the full
membership
of the board. The consumers' counsel shall at all
times remain
responsible to the governing board. Members of the
board shall
be compensated at the rate of one
hundred fifty
dollars per board meeting attended in person, not to exceed one
thousand two hundred dollars per year. All members shall be
reimbursed
for actual and
necessary expenses incurred in the
performance of
the
their official
duties.
The board shall submit to the general assembly no later than
the
first day of April, annually, a report outlining the
expenditures of
the office of consumers' counsel, a full record of
participation in
any and all proceedings, and an outline of other
relevant
activities of the office.
Sec. 5101.14. (A) Within available funds, the department
of
job and family services shall make payments to the counties within
thirty days after the beginning of each calendar quarter for a
part of their costs for services to children performed pursuant
to
Chapter 5153. of the Revised Code.
Funds provided to the county under this section shall be
deposited into
the children
services fund created pursuant to
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be
used for the following:
(a) Home-based services to children and families;
(b) Protective services to children;
(c) To find, develop, and approve adoptive homes;
(d) Short-term, out-of-home care and treatment for children;
(e) Costs for the care of a child who resides with
a
caretaker relative, other than the child's parent, and is in
the
legal custody of a public children services agency pursuant
to a
voluntary temporary custody agreement entered
into under division
(A) of
section 5103.15 of the Revised
Code or in the legal custody
of
a public children services agency or the caretaker relative
pursuant to an allegation or adjudication of abuse, neglect, or
dependency made under Chapter
2151. of the Revised
Code;
(f) Other services a public children services
agency
considers necessary to protect children from abuse,
neglect, or
dependency.
(2) No funds distributed under this section shall be
used
for the
costs of maintaining a child in a children's home owned
and
operated by the county.
(C) In each fiscal year, the amount of funds available for
distribution under this section shall be allocated to counties
as
follows:
(1) If the amount is less than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the percentage of the
funding it received in the immediately preceding fiscal year,
exclusive of any releases from or additions to the allocation or
any sanctions imposed under this section;
(2) If the amount is equal to the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the amount it received
in
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this
section;
(3) If the amount is greater than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive the amount determined under division
(C)(2)
of this section as a
base allocation, plus a percentage of the
amount that exceeds
the amount initially appropriated for the
immediately preceding
fiscal year. The amount exceeding the
amount initially
appropriated in the immediately preceding fiscal
year shall be allocated to
the counties as follows:
(a) Twelve per cent divided equally among all counties;
(b) Forty-eight per cent in the ratio that the number of
residents
of the county under the age of eighteen bears to the
total number of such
persons residing in this state;
(c) Forty per cent in the ratio that the number of residents
of
the county with incomes under the federal poverty guideline
bears to the total
number of such persons in this state.
As used in division (C)(3)(c) of this section,
"federal
poverty guideline" means the poverty
guideline as
defined by the
United States office of management and budget
and revised by the
United States secretary of health and
human services in accordance
with section 673 of the
"Community
Services Block Grant Act," 95
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.
(D) The director of job and family
services may adopt rules
as necessary for the allocation of funds under
this
section. The
rules shall be adopted in accordance with section
111.15 of the
Revised Code.
(E)(1) As used in this division,
"services to children"
includes only
means children's protective services, home-based
services
to children and families, foster home services,
residential treatment services, adoptive services, and
independent
living services.
(2) Except as otherwise provided in this section, the
allocation of funds for a fiscal year to a county under this
section shall be reduced by the department if in the preceding
calendar year the total amount expended for services to children
from local funds
and funds distributed to the county under
section
5101.46 of the Revised Code was less than the total
expended from
those sources
that source in the second preceding calendar
year.
The reduction shall be equal to the difference between the
total
expended in the preceding calendar year and the total
expended in
the second preceding calendar year.
The determination of whether the amount expended for
services
to children was less in the preceding calendar year than
in the
second preceding calendar year shall not include a
difference due
to any of the following factors to the extent that
the difference
does not exceed the amount attributable to that
factor:
(a) An across-the-board reduction in the county budget as
a
whole;
(b) A reduced or failed levy specifically earmarked for
children services;
(c)
A reduced allocation of funds to the county under
section
5101.24 of the Revised Code;
(d) The closure of, or a reduction in the operating
capacity
of, a children's home owned and operated by the county.
(3) Funds withheld under this division may be reallocated
by
the department to other counties. The department may grant
whole
or partial waivers of the provisions of this division.
(F) Children who are in the temporary or permanent custody
of a certified public or private nonprofit agency or institution,
or who are in adoptions subsidized under division (B) of section
5153.163 of the Revised Code are eligible for medical assistance
through the medical assistance program established under section
5111.01 of the Revised Code.
(G) Within ninety days after the end of each fiscal year,
each county shall return any unspent funds to the department.
(H)
The department shall prepare an annual report
detailing
on a county-by-county basis the services provided with
funds
distributed under this section. The report shall be
submitted to
the general assembly by the thirtieth day of
September each year
and also shall be made available to the
public.
(I) In accordance with Chapter 119. of the Revised Code,
the
director shall adopt, and may amend and rescind, rules
prescribing
reports on expenditures to be submitted by the
counties as
necessary for the implementation of this section.
Sec. 5101.141. (A) The department of job and family
services
shall act as the single state agency to administer
federal
payments for foster care and adoption assistance made
pursuant to
Title IV-E of the
"Social Security Act," 94 Stat. 501,
42
U.S.C.A. 670 (1980), as amended. The director of job
and
family services shall adopt rules to implement this authority.
Internal management rules governing financial and
administrative
requirements applicable to public children
services agencies,
private child placing agencies, and private
noncustodial agencies
shall be adopted in accordance with section
111.15 of the Revised
Code. Rules establishing
eligibility, program participation, and
other requirements shall
be adopted in accordance with Chapter
119. of the Revised Code. A public
children services agency to
which the department distributes
Title IV-E funds shall administer
the funds
in accordance with
those rules.
(B)(1) The county, on behalf of each child eligible
for
foster care maintenance payments under Title IV-E of the
"Social
Security Act," shall make payments to cover the cost of
providing
all of the following:
(a) The child's food, clothing, shelter, daily
supervision,
and school supplies;
(b) The child's personal incidentals;
(c) Reasonable travel to the child's home for visitation.
(2) In addition to payments made under division (B)(1) of
this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E
of the
"Social
Security
Act," make payments to cover
the cost of providing the
following:
(a) Liability insurance with respect to the
child;
(b) If the county is participating in the
demonstration
project established under division (A) of section
5101.142 of the
Revised Code, services provided under
the project.
(3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more certified foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group
home, or program, as necessary to provide the items
described in
divisions (B)(1) and (2) of this section.
(C) To the extent that either foster care maintenance
payments under division (B) of this section or Title IV-E
adoption
assistance payments for maintenance costs require the
expenditure
of county funds, the board of county commissioners
shall report
the nature and amount of each expenditure of county
funds to the
department.
(D) The department shall distribute to
public children
services agencies that
incur and report such expenditures federal
financial
participation received for administrative and training
costs
incurred in the operation of foster care maintenance and
adoption
assistance programs. The department may withhold not
more than
two
three per cent of the federal financial
participation
received.
The funds withheld may be used only to
fund the Ohio
child welfare
training program established under
section 5153.60
of the Revised Code
and the university partnership
program for college and university students majoring in social
work who have committed to work for a public children services
agency upon graduation. The
funds
withheld shall be in addition to
any administration and
training cost for which the department is
reimbursed through its
own cost allocation plan.
(E) All federal
financial participation funds received by a
county pursuant to
this section shall be deposited into the
county's children
services fund created pursuant to section
5101.144 of the Revised Code.
(F) The department shall periodically
publish and distribute
the maximum amounts that the department
will reimburse public
children services agencies for making
payments on behalf of
children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby
authorized to develop, participate in the development of,
negotiate, and enter
into one or more interstate compacts on
behalf of this state with agencies of
any other states, for the
provision of medical assistance and other social
services to
children in relation to whom all of the following apply:
(1) They have special needs.
(2) This state or another state that is a party to the
interstate compact
is providing adoption assistance on their
behalf.
(3) They move into this state from another state or move out
of this state
to another state.
Sec. 5101.145. (A) For the purposes of this section,
"Title
IV-E"
means Title
IV-E
of the
"Social
Security Act," 94 Stat.
501,
42 U.S.C.A. 670 (1980).
(B) In adopting rules under section 5101.141 of the
Revised
Code
regarding financial requirements applicable to public
children services
agencies, private child placing agencies, and
private noncustodial
agencies, the department of job and family
services shall establish
both of the following:
(1) A single form for the agencies
to report costs
reimbursable under Title
IV-E and costs
reimbursable under
medicaid;
(2) Procedures to monitor cost reports submitted
by
the
agencies.
(C) The procedures established under division (B)(2) of this
section shall be implemented not later than October 1, 2003. The
procedures shall be used to do both of the
following:
(1) Determine which of the costs are reimbursable under
Title IV-E;
(2) Ensure that costs reimbursable under medicaid are
excluded from determinations made under division (C)(1) of this
section.
Sec. 5101.184. (A) The director of job and family services
shall
work with the tax commissioner to collect overpayments of
assistance under Chapter 5107., 5111., or 5115., former Chapter
5113., or
sections
section 5101.54
to 5101.543 of the Revised Code
from refunds of
state income taxes for taxable year 1992 and
thereafter that are
payable to the recipients of such
overpayments.
Any overpayment of assistance, whether obtained by fraud or
misrepresentation, as the result of an error by the recipient or
by the agency making the payment, or in any other manner, may be
collected under this section. Any reduction under section
5747.12
or 5747.121 of the Revised Code to an income tax refund
shall be
made before a reduction under this section. No
reduction shall be
made under this section if the amount of the
refund is less than
twenty-five dollars after any reduction under
section 5747.12 of
the Revised Code. A reduction under this
section shall be made
before any part of the refund is
contributed under section
5747.113 of the Revised Code to the
natural areas and preserves
fund or the nongame and endangered
wildlife fund, or is credited
under section 5747.12 of the
Revised Code against tax due in any
subsequent year.
The director and the tax commissioner, by rules adopted in
accordance with Chapter 119. of the Revised Code, shall establish
procedures to implement this division. The procedures shall
provide for notice to a recipient of assistance and an
opportunity
for the recipient to be heard before
the recipient's income tax
refund is
reduced.
(B) The director of job and family services may enter
into
agreements with the federal government to collect overpayments of
assistance from refunds of federal income taxes that are payable
to recipients of the overpayments.
Sec. 5101.071
5101.251. (A) Not later than ninety days
after
the effective date of
this section
December 8, 1994, the
director of job and
family services
shall develop and provide a
training program to
assist caseworkers in county departments of
job and family
services and public children services
agencies in
understanding
the dynamics of domestic
violence and the
relationship domestic
violence has to child abuse.
The
program
shall be coordinated with
other department of job and family
services programs regarding
family violence.
(B) Not later than ninety days after
the effective date of
this section
December 9, 1994, the
director of job and family
services shall adopt
internal management rules in
accordance with
section 111.15
of the
Revised Code establishing policies for
dealing with domestic
violence
and the victims of domestic
violence. The rules shall
include all of the
following:
(1) A rule designating types and categories of employees of
county
departments of job and family services and employees of
public
children services
agencies to receive training in the
handling of domestic violence cases and a policy for the training
of the
designated types and categories of employees in the
handling of those cases.
(2) Guidelines directing how county departments of job and
family services and county
children services boards shall respond
to identified domestic violence
problems and to the needs of
children directly or indirectly involved in
situations involving
domestic violence.
(C) Each county department of job and family services and
each
public children
services agency shall require its employees
to complete
the training described
in divisions (A) and (B) of
this section in accordance with the rules adopted
by the director
of job and family services pursuant to
division (B) of this
section.
Sec. 5101.36. Any application for public assistance gives
a
right of subrogation to the department of job and family services
for
any workers' compensation benefits payable to a person who is
subject to a support order, as defined in section
3119.01 of the
Revised Code, on behalf of the applicant,
to the extent of any
public assistance payments made on the
applicant's behalf. If the
director of job and family services, in
consultation with a child
support enforcement agency and the
administrator of the bureau of
workers' compensation, determines
that a person responsible for
support payments to a recipient of
public assistance is receiving
workers' compensation, the
director shall notify the administrator
of the amount of the benefit to be
paid to the department of job
and family services.
For purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code,;
Ohio works
first provided
under Chapter 5107. of the
Revised Code,;
prevention, retention, and contingency
assistance
benefits and
services provided
under Chapter 5108. of the Revised Code,; or
disability assistance
provided under Chapter
5115. of the Revised
Code.
Sec. 5101.521. When the body of a dead person is found in
a
township or municipal corporation, and such person was not an
inmate of a correctional, benevolent, or charitable
institution of
this state, and the body is not claimed by any
person for private
interment or cremation at the
person's own expense,
or delivered
for the purpose of medical or surgical study or dissection in
accordance with section 1713.34 of the Revised Code,
or the
person
was not eligible for burial assistance under section
5101.52 of
the Revised Code, it shall be disposed of as follows:
(A) If the person was a legal resident of the county, the
proper officers of the township or municipal corporation in which
the person's body was found shall cause it to be buried or
cremated at
the expense of the township or municipal corporation
in which the
person had a legal residence at the time of death.
(B) If the person had a legal residence in any other
county
of the state at the time of death, the superintendent
of the
county home of the county in which such body was found
shall cause
it to be buried or cremated at the expense of the township
or
municipal corporation in which the person had a legal
residence at
the time of death.
(C) If the person was an inmate of a correctional
institution of the county or a patient or resident of a
benevolent
institution of the county, the person had no legal residence
in
the state, or the person's legal residence is unknown,
the
superintendent shall cause the person to be buried or
cremated at
the expense of the county.
Such officials shall provide, at the grave of the person
or,
if the person's cremated remains are buried, at the grave of the
person's
cremated remains,
a stone or concrete marker on which the
person's name and
age, if known, and date of death shall be
inscribed.
A political subdivision is not relieved of its duty to bury
or cremate a person at its expense under this section when the
body is
claimed by an indigent person.
Sec. 5101.54. (A) The director of
job and family services
shall administer the food stamp program in
accordance with the
"Food Stamp Act of
1977," 91 Stat. 958, 7 U.S.C.A. 2011,
as
amended. The department may:
(1) Prepare and submit to the secretary of the United
States
department of agriculture a plan for the administration of
the
food stamp program;
(2) Prescribe forms for applications, certificates,
reports,
records, and accounts of county departments of job
and family
services, and
other matters;
(3) Require such reports and information from each county
department of
job and family services as may be necessary and
advisable;
(4) Administer and expend any sums appropriated by the
general assembly for the purposes of this section and all sums
paid to the state by the United States as authorized by the Food
Stamp Act of 1977;
(5) Conduct such investigations as are necessary;
(6) Enter into interagency agreements and cooperate with
investigations
conducted by the department of public safety,
including
providing information for investigative purposes,
exchanging property and
records, passing through federal financial
participation, modifying any
agreements with the United States
department of agriculture,
providing for the supply, security, and
accounting of food stamp
coupons
benefits for
investigative
purposes, and meeting any other requirements necessary for the
detection and deterrence of illegal activities in the state food
stamp
program;
(7) Adopt rules in accordance with
Chapter 119. of the
Revised Code governing employment and training requirements
of
recipients of food
stamp benefits, including rules specifying
which recipients are
subject to the requirements and establishing
sanctions for
failure to satisfy the requirements. The rules
shall be
consistent with 7 U.S.C.A. 2015 and,
to the extent
practicable, may provide for food stamp benefit
recipients to
participate in work activities, developmental activities, and
alternative work activities
established under sections 5107.40 to
5107.69
of the Revised Code that are comparable to programs
authorized by 7
U.S.C.A. 2015(d)(4). The rules may
reference
rules adopted under section 5107.05 of the Revised Code governing
work activities, developmental activities, and alternative work
activities
established under sections 5107.40 to 5107.69 of the
Revised Code.
(8) Adopt rules in accordance with section 111.15 of the
Revised Code that are consistent with the
Food Stamp Act of 1977,
as amended, and
regulations adopted thereunder governing the
following:
(a) Eligibility requirements for the food stamp program;
(b) Sanctions for failure to comply with eligibility
requirements;
(c) Allotment of food stamp
coupons
benefits;
(d) To the extent permitted under federal statutes and
regulations, a system under which some or all recipients of food
stamp benefits subject to employment and training requirements
established by rules adopted under division (A)(7) of
this section
receive food stamp benefits after satisfying the
requirements;
(e) Administration of the program by county departments of
job and family services;
(f) Other requirements necessary for the efficient
administration of the program.
(9) Submit a plan to the United States
secretary of
agriculture for the department of job and family services
to
operate a simplified food stamp program pursuant to 7
U.S.C.A.
2035 under which
requirements governing the Ohio works first
program established under Chapter 5107. of the Revised
Code also
govern the food
stamp program in the case of households receiving
food stamp
benefits and participating in Ohio works first.
(B) Except while in the custody of the United States
postal
service, food stamps and any document necessary to obtain
food
stamps are the property of the department of job and
family
services
from the time they are received in accordance with
federal
regulations by the department from the federal agency
responsible
for such delivery until they are received by a
household entitled
to receive them or by the authorized
representative of the
household.
(C) A household that is entitled to receive food stamps
under the
"Food Stamp Act of 1977,"
91 Stat. 958,
7 U.S.C.A. 2011,
as amended, and that is determined to be in
immediate need of food
assistance, shall receive certification of
eligibility for program
benefits, pending verification,
within twenty-four hours, or, if
mitigating circumstances occur,
within seventy-two hours, after
application, if:
(1) The results of the application interview indicate that
the household will be eligible upon full verification;
(2) Information sufficient to confirm the statements in
the
application has been obtained from at least one additional
source,
not a member of the applicant's household. Such
information shall
be recorded in the case file, and shall
include:
(a) The name of the person who provided the name of the
information source;
(b) The name and address of the information source;
(c) A summary of the information obtained.
The period of temporary eligibility shall not exceed one
month from the date of certification of temporary eligibility.
If
eligibility is established by full verification, benefits
shall
continue without interruption as long as eligibility
continues.
At the time of application, the county department of job and
family services shall
provide to a household described in this
division a list of community
assistance programs that provide
emergency food.
(D) All applications shall be approved or denied through
full verification within thirty days from receipt of the
application by the county department of job and family
services.
(E) Nothing in this section shall be construed to prohibit
the certification of households that qualify under federal
regulations to receive food stamps without charge under the
"Food
Stamp Act of 1977," 91 Stat.
958, 7 U.S.C.A. 2011, as
amended.
(F) Any person who applies for food stamps under this
section shall receive a
voter registration application under
section 3503.10 of the Revised Code.
Sec. 5101.80. (A) The department of job and family
services
shall do all of the following:
(1) Prepare and submit to the United States secretary of
health and human services a Title IV-A state
plan, and amendments
to the plan that the department determines
necessary, for the
Ohio
works first program established under Chapter 5107.
of the Revised
Code and the prevention, retention, and contingency program
established under
Chapter 5108. of the Revised Code;
(2) Prescribe forms for applications, certificates,
reports,
records, and accounts of county
departments of job and family
services, and
other matters related to the Ohio works first
program and the
prevention, retention, and contingency program;
(3) Make such reports, in such form and containing such
information as the department may find necessary
to assure
the
correctness and verification of such reports, regarding the
Ohio
works first program and the prevention, retention, and
contingency
program;
(4) Require reports and information from each county
department of job and family services as may be necessary
or
advisable regarding the Ohio works first program and the
prevention, retention, and contingency program;
(5) Afford a fair hearing in accordance with section 5101.35
of the Revised Code to any applicant for,
or participant or former
participant of, the Ohio works first program
or the prevention,
retention, and contingency program aggrieved by a decision
regarding either program;
(6) Administer and expend, pursuant to
Chapters 5107. and
5108. of the Revised Code, any
sums appropriated by the general
assembly for the purpose of those
chapters
and all sums paid to
the state by the
secretary of the
treasury of the United States as
authorized by
Title IV-A of the
"Social Security Act," 49 Stat.
620 (1935),
42 U.S.C. 301, as amended;
(7) Conduct investigations as are necessary
regarding the
Ohio works first program and the prevention,
retention, and
contingency program;
(8) Enter into reciprocal agreements with other states
relative to the provision of Ohio
works first and prevention,
retention, and contingency to
residents and nonresidents;
(9) Contract with a private entity to
conduct an independent
on-going evaluation of the
Ohio works first program and the
prevention, retention, and
contingency program. The
contract must
require the private entity
to do all of the following:
(a) Examine issues of process, practice, impact, and
outcomes;
(b) Study former participants of Ohio works first who
have
not
participated in Ohio works first for at least one year to
determine
whether they
are employed, the type of employment in
which they are engaged, the amount of
compensation they are
receiving, whether their employer provides health
insurance,
whether and how often they have received
assistance
benefits or
services
under the prevention, retention, and contingency program,
and
whether they
are successfully self sufficient;
(c) Provide the department
an initial report of the
evaluation
not later than two years after
October 1, 1997, and
provide subsequent
with reports at
times the department
specifies.
(10)
Not later than
March 1, 1998, and the first day
of each
September and
March thereafter until
September 1, 2001, prepare a
county by county report concerning individuals who cease to
participate in Ohio works first that contains the reasons the
individuals ceased to participate, including employment, marital
status, and relocation;
(11) Not later than
January 1, 2001, and the first
day of
each January and
July thereafter, prepare a
report containing
information on the following:
(a)
A county by county breakdown of individuals
who cease to
participate in Ohio works first and the reasons
the individuals
ceased to participate, including
Individuals exhausting the
time
limits for participation set forth in section
5107.18 of the
Revised
Code.
(b) Individuals who have been exempted from the
time limits
set forth in section 5107.18 of the
Revised
Code and the reasons
for the
exemption.
(12)(11) Not later than January 1, 2001, and on a quarterly
basis thereafter until December 1, 2003, prepare, to the extent
the
necessary data is available to the department, a
report based
on information determined under section 5107.80 of the
Revised
Code
that states how many
former Ohio works first participants
entered the workforce during the
most recent
previous quarter for
which the information is known and includes information
regarding
the earnings of those former participants. The report
shall
include a county-by-county breakdown and shall not contain the
names or
social security numbers of former
participants.
(B) The department shall provide copies of the reports it
receives under division (A)(9)
of this section and prepares under
divisions
(A)(10), (11), and (12)
of this
section to the governor,
the president and minority leader of
the senate, and the speaker
and minority leader of the house of
representatives. The
department shall provide copies of the
reports to any private or
government entity on request.
(C) An authorized representative of the department or a
county
department of job and family services shall have access to
all records and information
bearing thereon for the purposes of
investigations conducted pursuant to this
section.
Sec. 5101.821. Except as otherwise approved by the director
of budget and management, the department of job and family
services
shall deposit federal funds received under Title IV-A of
the
"Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),
into the temporary assistance for needy families (TANF) federal
fund, which is hereby created in the state treasury. The
department shall use money in the fund for the Ohio works first
program established under Chapter 5107. of the Revised Code; the
prevention, retention, and contingency program established under
Chapter 5108. of the Revised Code; and any other purposes
consistent with Title IV-A, federal regulations, federal waivers
granted by the United States secretary of health and human
services, state law, the Title IV-A state plan and amendments
submitted to the United States secretary of health and human
services under section 5101.80 of the Revised Code, and rules
adopted by the department under section 5107.05 of the Revised
Code.
Sec. 5101.83. (A) As used in this section:
(1)
"Assistance group" has the same meaning as in sections
5107.02 and 5108.01 of the Revised Code, except that it also means
a group provided benefits and services under the prevention,
retention, and contingency program because the members of the
group share a common need for benefits and services.
(2)
"Fraudulent assistance" means assistance
and service,
including cash assistance, provided under the Ohio
works first
program established under
Chapter 5107., or
benefits and services
provided under the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, to or on
behalf of an assistance group that is provided as a result
of
fraud
by a member of the assistance group, including an
intentional
violation of the program's requirements.
"Fraudulent
assistance" does not include assistance or
servces
services to or
on
be half
behalf of an
assistance group that is provided as a
result of an error
that is the fault of a county department of job
and family
services or the state department of job and family
services.
(B) If a county director of
job and family services
determines that an assistance
group has received fraudulent
assistance, the assistance group is
ineligible to participate in
the
Ohio works first program or the prevention, retention, and
contingency program until a
member of the assistance group repays
the cost of the fraudulent assistance. If a member repays the
cost of the fraudulent assistance and the
assistance group
otherwise meets the eligibility
requirements for the Ohio works
first program or the prevention, retention, and contingency
program, the
assistance group shall not be denied the opportunity
to
participate in the program.
This section does not limit the ability of a county
department of
job and family services to recover erroneous
payments under section
5107.76 of the Revised
Code.
The state department of job and family services shall
adopt
rules
in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5101.85. As used in sections 5101.851 to
5101.854
5101.853 of the Revised
Code,
"kinship caregiver" means any of the
following
who is eighteen years of age or older and is caring for
a child in place
of the child's parents:
(A) The following individuals related by blood or adoption
to the
child:
(1) Grandparents, including grandparents with the prefix
"great,"
"great-great," or
"great-great-great";
(3) Aunts, uncles, nephews, and nieces, including such
relatives
with the prefix
"great,"
"great-great,"
"grand," or
"great-grand";
(4) First cousins and first cousins once removed.
(B) Stepparents and stepsiblings of the child;
(C) Spouses and former spouses of individuals named in
divisions
(A) and (B) of this section;
(D) A legal guardian of the child;
(E) A legal custodian of the child.
Sec. 5101.853
5101.851.
(A) As used in this section,
"qualified state
expenditures" has the meaning provided by section
409(a)(7)(B)(i)
of the
"Personal Responsibility and Work
Opportunity Reconciliation Act
of 1996," 110 Stat. 2105, 42
U.S.C.A. 609(a)(7)(B)(i).
(B) Using qualified state expenditures and based on the
recommendations of the kinship care services planning council, the
The department of job and family services
shall
may establish a
program providing
support services to kinship caregivers
statewide
program of kinship care navigators to assist kinship caregivers
who are seeking information regarding, or assistance obtaining,
services and benefits available at the state and local level that
addresses
address the needs of
those caregivers
residing in each
county.
The department shall establish the program no
later than
March 31, 2000. The program shall provide
to kinship caregivers
information and referral services and assistance obtaining support
services
that include
including the following:
(1)(A) Publicly funded child day-care;
(3)(C) Training related to caring for special needs
children;
(4)(D) A toll-free telephone number that may be called to
obtain
basic information about the rights of, and services
available to,
kinship caregivers;
Sec. 5101.852. Within available funds, the department of job
and family services shall make payments to public children
services agencies for the purpose of permitting the agencies to
provide kinship care navigator information and referral services
and assistance obtaining support services to kinship caregivers
pursuant to the kinship care navigator program. The department
may provide training and technical assistance concerning the needs
of kinship caregivers to employees of public children services
agencies and to persons or entities that serve kinship caregivers
or perform the duties of a kinship care navigator and are under
contract with an agency.
Sec. 5101.854
5101.853. The department of job and family
services
shall
may adopt rules
in accordance with Chapter 119. of
the Revised Code to implement
the
kinship care navigators program
to provide support services to kinship caregivers. To the
extent
permitted by federal law and the Revised Code, the
rules may
expand eligibility for programs administered by the department in
a
manner making kinship caregivers eligible for the programs.
The
rules shall be adopted under Chapter 119. of the Revised Code,
except that rules governing fiscal and administrative matters
related to implementation of the navigators program are internal
management rules and shall be adopted under section 111.15 of the
Revised Code.
Sec. 5103.031. (A) Except as provided in section 5103.033
of the Revised
Code, the department of job and family services may
not issue a
certificate under section 5103.03 of the Revised Code
to a foster
home unless the foster caregiver successfully
completes the following amount
of preplacement training through
the Ohio child welfare training program or a preplacement training
program
operated under section 5103.034 of the Revised
Code:
(1) If the foster home is a family foster home, at least
twelve hours;
(2) If the foster home is a specialized foster home, at
least
thirty-six hours.
(B) No child may be placed in a family foster home unless
the
foster caregiver completes at least twelve additional hours of
preplacement
training through
the Ohio child welfare training
program or a
preplacement training program operated under section
5103.034 of the
Revised Code.
Sec. 5103.033. The department of job and family
services may
issue
or renew a certificate under section 5103.03 of the Revised
Code
to a foster home for the care of a child who is in the
custody of a public
children services agency or private child
placing agency pursuant to an agreement entered into under section
5103.15 of the Revised Code regarding a child who was less
than
six months of age on the date the agreement was executed if the
foster
caregiver
successfully completes the following amount of
training:
(A) For an initial certificate, at least twelve hours of
preplacement training through
the Ohio child welfare training
program or a preplacement training program operated
under section
5103.034 of the Revised Code;
(B) For renewal of a certificate, at least twelve hours
each
year
of continuing training in accordance with the foster
caregiver's needs
assessment and continuing training plan
developed and implemented under section
5103.034
5103.035 of the
Revised Code.
Sec. 5103.036. For the purpose of determining whether a
foster
caregiver has satisfied the requirement of section 5103.031
or 5103.032
of the Revised Code, a recommending agency shall
accept training
obtained
from the Ohio child welfare training
program or pursuant to a preplacement training program or
continuing
training program operated
under section 5103.034 of the
Revised Code
regardless of whether the agency operated the
preplacement
training program or continuing
training program. The
agency may require that the foster caregiver
successfully complete
additional training as a condition of the
agency recommending that
the department of job and family services certify or
recertify the
foster caregiver's foster home under section 5103.03
of the
Revised Code.
Sec. 5103.0312.
The department of job and family services
A
public children services agency, private child placing agency, or
private noncustodial agency acting as a recommending agency for
foster caregivers who hold certificates issued under section
5103.03 of the Revised Code shall pay
those
foster caregivers who
have
been issued a foster home certificate and had at
least one
foster child placed in their home
a stipend to reimburse them for
attending training courses
provided by the Ohio child welfare
training program or
pursuant to a preplacement training
program or
continuing training program
operated under section
5103.034 of the
Revised Code. The
payment shall be based on a
per
diem
stipend
rate established by the department
of job and family
services.
The
payment to foster caregivers
stipend rate shall be
the same
regardless of the type of
recommending agency from
which
a foster
caregiver seeks a recommendation. The department shall
pay a
foster caregiver for attending preplacement training courses
during the first
month a foster child is placed in the foster
caregiver's home, pursuant to rules adopted under section
5103.0316 of the Revised Code, reimburse the recommending agency
for stipend payments it makes in accordance with this section.
Sec. 5103.0313. The department of job and family services
shall reimburse
a
the following for the cost of providing
preplacement and continuing training to foster caregivers:
(A) The Ohio child welfare training program;
(B) A public children services agency, private child placing
agency, or
private noncustodial agency
for the cost to the agency
of providing
training to a foster caregiver through a preplacement
training program or continuing training program operated under
section
5103.034 of the Revised Code.
The
The reimbursement shall be on
a per diem basis and limited to
the cost associated
with the trainer, obtaining a site at which
the
training is provided, and the administration of the training.
A
reimbursement rate shall be the same regardless of whether the
training program is operated by
the Ohio child welfare training
program or a public children services agency,
private child
placing agency, or private noncustodial agency.
Sec. 5103.0314. The department of job and family services
shall not
reimburse a recommending agency for the cost of any
training the agency
requires a foster caregiver to undergo as a
condition of the agency
recommending the department certify or
recertify the foster caregiver's
foster home under section 5103.03
of the Revised Code if the
training is in addition to the
minimum
training required by section
5103.031 or 5103.032 of the Revised
Code.
Sec. 5103.0316. Not later than ninety days after
the
effective
date of this section
January 1, 2001, the
department of
job and family services shall adopt
rules in accordance with
Chapter 119. of the Revised Code
as necessary
for the efficient
administration of sections 5103.031 to 5103.0316 of the
Revised
Code. The rules shall provide for all of the
following:
(A) For the purpose of section 5103.038 of the Revised Code,
the date by
which a public children services agency, private child
placing agency, or
private
noncustodial agency that seeks to
operate a preplacement training program or
continuing training
program under section 5103.034 of the Revised Code must
submit to
the department a proposal outlining the program;
(B) Requirements governing
the department's reimbursement of
the Ohio child welfare training program and
public children
services
agencies, private child placing agencies,
and private
noncustodial
agencies under
section
sections 5103.0312
and
5103.0313 of the Revised Code;
(C) Any other matter the department considers appropriate.
Sec. 5103.07. The department of job and family services
shall administer
funds
received
under Title IV-B of the
"Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.A.
620, as amended,
and the
"Child Abuse Prevention and Treatment Act," 88 Stat. 4
(1974), 42 U.S.C.A. 5101, as amended, and the
"Family Violence
Prevention and
Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended. In
administering these funds, the department
may establish a child welfare
services program,
and a child abuse
and neglect prevention and adoption reform
program, and a family
violence prevention program. The department has all
powers
necessary for the adequate administration of these funds and
programs. The director of job and
family services may adopt
internal management rules in accordance with section 111.15 of the
Revised Code
and issue appropriate orders as
necessary
for the
adequate administration of these funds and programs
to carry out
the purposes of this section.
Sec. 5107.02. As used in this chapter:
(A)
"Adult" means an individual who is not a minor child.
(B)
"Assistance group" means a group of individuals treated
as
a unit for purposes of determining eligibility for and the
amount of assistance provided under Ohio works first.
(C)
"Custodian" means an individual who has legal custody, as
defined in section 2151.011 of the Revised Code, of a minor child
or comparable status over a
minor child created by a court of
competent jurisdiction in another
state.
(D)
"Guardian" means an individual that is granted authority
by
a probate court pursuant to Chapter 2111. of the Revised Code,
or a court of
competent
jurisdiction in another state, to exercise
parental
rights over a minor child to the extent provided in the
court's order and
subject to residual parental rights of the minor
child's parents.
(E)
"Minor child" means either of the following:
(1) An individual who has not attained age eighteen;
(2) An individual who has not attained age nineteen
and is a
full-time student in a secondary school or in the
equivalent level
of vocational or technical training.
(F)
"Minor head of household" means a minor child who is
a
either of the following:
(1) At least six months pregnant and a member of an
assistance group that does not include an adult;
(2) A parent of a child included in the same assistance
group that does not include
an adult.
(G)
"Ohio works first" means the program established by
this
chapter known as temporary assistance for needy families in
Title
IV-A.
(H)
"Payment standard" means the amount specified in rules
adopted under
section 5107.05 of the Revised Code that is the
maximum amount of cash
assistance an
assistance group may receive
under Ohio works first from state and
federal funds.
(I)
"Specified relative" means the following individuals
who
are age eighteen or older:
(1) The following individuals related by blood or
adoption:
(a) Grandparents, including grandparents with the
prefix
"great," "great-great," or
"great-great-great";
(c) Aunts, uncles, nephews, and nieces,
including such
relatives with the prefix
"great,"
"great-great," "grand," or
"great-grand";
(d) First cousins and first cousins once removed.
(2) Stepparents and stepsiblings;
(3) Spouses and former spouses of individuals
named in
division (I)(1) or (2) of this section.
(J)
"Title IV-A" or
"Title
IV-D" means Title IV-A or
Title
IV-D of the
"Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.
301, as amended.
Sec. 5107.10. (A) As used in this section:
(1)
"Countable income,"
"gross earned income,"
and
"gross
unearned income" have the meanings established in rules adopted
under section 5107.05 of the Revised Code.
(2)
"Gross income" means gross earned income and gross
unearned income.
(3)
"Strike" means continuous concerted action in failing
to
report to duty; willful absence from one's position; or
stoppage
of work in whole from the full, faithful, and proper
performance
of the duties of employment, for the purpose of
inducing,
influencing, or coercing a change in wages, hours,
terms, and
other conditions of employment.
"Strike" does not
include a
stoppage of work by employees in good faith because of
dangerous
or unhealthful working conditions at the place of
employment that
are abnormal to the place of employment.
(B) Under the Ohio works first program, an assistance
group
shall receive, except as otherwise
provided by this chapter,
time-limited
cash assistance. In the case of an assistance group
that includes a minor
head of household or adult, assistance shall
be provided in accordance with
the self-sufficiency contract
entered into under section 5107.14 of the Revised Code.
(C) To be eligible to participate in
Ohio works first, an
assistance group must meet all of the
following requirements:
(1) The assistance group, except as provided in division
(E)
of this section, must
include at least one of the following:
(a) A minor child who, except as provided in section 5107.24
of the Revised Code, resides with a
parent, or specified relative
caring for the child, or, to the extent
permitted by Title IV-A
and federal
regulations adopted until Title IV-A, resides with
a
guardian or
custodian caring for the child;
(b) A parent residing with and caring for
the parent's minor
child who receives supplemental
security income under Title XVI of
the
"Social
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A.
1383,
as amended, or federal, state, or local adoption
assistance;
(c) A specified relative residing with and caring for a
minor child who is
related to the specified relative in a manner
that makes the specified
relative a specified relative and
receives supplemental security income or
federal, state, or local
foster care or adoption assistance;
(d) A woman at least six months pregnant.
(2) The assistance group must meet the income
requirements
established by division
(D) of this section.
(3) No member of the assistance group may be involved in a
strike.
(4) The assistance group must satisfy the requirements
for
Ohio works first established by this chapter and sections
5101.19,
5101.58, 5101.59, and 5101.83 of the
Revised Code.
(5) The assistance group must meet requirements for Ohio
works
first established by rules adopted under section
5107.05 of
the Revised
Code.
(D)(1) Except as provided in division (D)(3) of this
section, to determine whether an assistance group is initially
eligible to participate in Ohio works first, a county
department
of job and family services shall do the
following:
(a) Determine whether the assistance group's gross
income
exceeds the following amount:
|
Size of Assistance Group |
|
Gross Income |
|
1 |
|
$423 |
|
|
2 |
|
$537 |
|
|
3 |
|
$630 |
|
|
4 |
|
$750 |
|
|
5 |
|
$858 |
|
|
6 |
|
$942 |
|
|
7 |
|
$1,038 |
|
|
8 |
|
$1,139 |
|
|
9 |
|
$1,241 |
|
|
10 |
|
$1,343 |
|
|
11 |
|
$1,440 |
|
|
12 |
|
$1,542 |
|
|
13 |
|
$1,643 |
|
|
14 |
|
$1,742 |
|
|
15 |
|
$1,844 |
|
For each person in the assistance group that brings the
assistance group to more than fifteen persons, add one hundred
two
dollars to the amount of gross income for an assistance
group of
fifteen specified in division
(D)(1)(a) of this section.
In making this determination, the county department
shall
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the
Revised Code require be
disregarded.
The assistance group is ineligible to participate in
Ohio works first
if the assistance group's gross income, less the
amounts disregarded, exceeds the amount specified in division
(D)(1)(a) of this section.
(b) If the assistance group's gross income, less
the amounts
disregarded pursuant to division
(D)(1)(a)
of this section, does
not exceed the amount specified in that division,
determine
whether the assistance
group's countable income is less than the
payment standard. The assistance
group is ineligible to
participate in Ohio works first if the assistance group's
countable income equals or
exceeds the payment standard.
(2) To determine whether an assistance group
participating
in Ohio works first continues to be eligible to
participate, a
county department of job and family
services shall
determine
whether the assistance group's countable income
continues to be
less than the payment standard. In making this
determination, the
county department shall disregard the first
two hundred fifty
dollars and fifty per cent of the remainder
of the assistance
group's gross earned income.
No amounts shall be disregarded from
the assistance
group's gross unearned income. The assistance
group ceases to
be eligible to participate in Ohio works first if
its
countable income, less the amounts disregarded, equals or
exceeds the payment standard.
(3) If an assistance group reapplies to participate in
Ohio
works first not more than four months after ceasing to
participate, a county department of job and family
services shall
use the income requirement established by
division (D)(2) of this
section
to determine eligibility for resumed participation rather
than
the income requirement established by division
(D)(1) of this
section.
(E)(1) An assistance group may continue to participate in
Ohio works first even though a public children services agency
removes the assistance
group's minor children from the assistance
group's home due to abuse, neglect,
or dependency if the agency
does both of the following:
(a) Notifies the county department of job and family
services at the time the agency removes the children
that it
believes the children will be able to return to the
assistance
group within six months;
(b) Informs the county department at the end of
each of the
first five months after the
agency removes the children
that the
parent, guardian,
custodian, or specified relative of the children
is
cooperating with
the case plans prepared for the children under
section 2151.412
of the Revised
Code and that the agency is
making
reasonable efforts to return the children to the assistance group.
(2) An assistance group may continue to participate in
Ohio
works first pursuant to division
(E)(1) of this section for not
more than six payment months. This division does not
affect
the
eligibility of an assistance group that includes a woman at
least
six months pregnant.
Sec. 5107.14. An assistance group is
ineligible to
participate in
Ohio works first unless the minor head of household
or
each adult
member of the assistance group, not later than
thirty days after applying
for or
undergoing a redetermination of
eligibility
for the program, enters into a written
self-sufficiency contract with the county department of
job and
family services. The contract shall
set forth the rights and
responsibilities of the assistance group
as applicants for and
participants of the program,
including work responsibilities
established under sections
5107.40 to 5107.69 of the
Revised Code
and other requirements
designed to assist the assistance group in
achieving self sufficiency and personal responsibility. The
county department shall provide without charge a copy of the
contract to each
assistance group member who signs it.
Each self-sufficiency contract shall include, based on
appraisals conducted under section 5107.41 of the
Revised Code and
assessments conducted under section 5107.70
of the Revised Code,
the following:
(A) The assistance group's plan, developed under section
5107.41 of the Revised
Code, to achieve the goal of
self
sufficiency and personal responsibility through
unsubsidized
employment within the time limit for participating
in Ohio works
first established by section 5107.18 of the
Revised Code;
(B) Work activities,
developmental activities, and
alternative work activities to
which members of the assistance
group are assigned under
sections 5107.40 to 5107.69 of the
Revised Code;
(C) The responsibility
of a caretaker member of the
assistance group to cooperate in
establishing a minor child's
paternity and establishing,
modifying, and enforcing a support
order for the child in
accordance with section 5107.22 of the
Revised Code;
(D) Other responsibilities that members of the assistance
group
must satisfy to participate in Ohio works first and the
consequences for failure or refusal to satisfy the
responsibilities;
(E) An agreement that
the assistance group will comply with
the conditions of
participating in Ohio works first established by
this chapter
and sections
5101.19, 5101.58, 5101.59, and 5101.83
of the Revised
Code;
(F) Assistance and services the county department will
provide to
the assistance group;
(G) Assistance and
services the child support enforcement
agency and public
children services agency will provide to the
assistance group
pursuant to a plan of cooperation entered into
under section
307.983 of the Revised Code;
(H) Other provisions designed to assist the assistance
group
in achieving self sufficiency and
personal responsibility;
(I) Procedures for assessing whether responsibilities
are
being satisfied and whether the contract should be amended;
(J) Procedures for amending the contract.
Sec. 5107.18. (A) Except as provided in divisions (B),
(C),
(D), and (E) of this section, an
assistance group is ineligible to
participate in Ohio works first if
the assistance group includes
an
adult
individual who has participated in the program for
thirty-six months
as any of the following: an adult head of
household, minor head of household, or spouse of an adult head of
household or minor head of household. The time limit applies
regardless of whether the
thirty-six months are consecutive.
(B) An assistance
group that has ceased to participate in
Ohio works first pursuant to
division (A) of
this section for at
least twenty-four months, whether consecutive or not, may reapply
to
participate in the program if good cause exists as
determined
by the county department of job and family
services. Good cause
may include
losing employment, inability to find employment,
divorce,
domestic violence considerations, and unique personal
circumstances. The assistance group must provide a county
department of
job and family services verification acceptable to
the
county department of whether any members of the assistance
group
had employment during the period the assistance group was
not
participating in Ohio works first and the amount and sources
of the assistance group's income during that period. If a
county
department is satisfied that good cause exists for the
assistance
group to reapply to participate in Ohio works first, the
assistance group may reapply. Except as provided
in divisions
(C),
(D), and (E) of this section, the
assistance group may not
participate in Ohio works first for more
than twenty-four
additional months. The time limit applies
regardless of whether
the twenty-four months are consecutive.
(C) In determining the
number of months a parent or pregnant
woman has
received assistance
under Title
IV-A,
a county
department of job and family services shall
disregard any month
during which the parent or
pregnant woman was a minor child but
was neither a minor head of
household nor married to the head of
an assistance group.
(D) In determining the
number of months an adult has
received assistance
under
Title
IV-A,
a county department of job
and family services shall
disregard any month
during which the
adult lived on an
Indian reservation or in an
Alaska native
village, as those
terms are used in 42
U.S.C.A.
608(a)(7)(D),
if,
during the month, at least one thousand individuals lived on
the
reservation or in the village and at least fifty per cent of
the
adults living on the reservation or in the village were
unemployed.
(E) A county department of job and family services may
exempt not more than twenty per cent of
the average monthly number
of
Ohio works first
participants
assistance groups
from the time
limit established by this section on the
grounds that the county
department determines that the time limit is a
hardship. In the
case of the time limit established by division (A)
of this
section, a county department may not exempt an assistance group
until the group has exhausted its
thirty-six months of cash
assistance.
(F) The department of job and family
services shall
continually
monitor the percentage of the average monthly number
of
Ohio works first
participants
assistance groups in each county
that is exempted under division (E) of this
section from the time
limit established by this section. On determining that
the
percentage in any county equals or exceeds eighteen per cent, the
department shall immediately notify the county department of
job
and family services.
(G) Only participation in Ohio works first on or after
October 1, 1997, applies to the
time limit established by this
section. The time limit applies
regardless of the source of
funding for the program.
Assistance under Title
IV-A
provided by
any state applies to the time limit. The time limit
is a lifetime
limit. No assistance group shall receive
assistance under the
program in violation of the time limit
for assistance under Title
IV-A
established by section 408(a)(7) of the
"Social Security
Act," as amended by the
"Personal Responsibility and Work
Opportunity Reconciliation Act of 1996," 110
Stat. 2105, 42
U.S.C.A.
608 (a)(7).
Sec. 5108.01. As used in this chapter:
(A)
"Assistance group"
means a group of individuals treated
as a unit for purposes of
determining eligibility for the
prevention, retention, and
contingency program.
(B)
"Minor child" means either of the following:
(1) An individual who has not attained age eighteen;
(2) An individual who has not attained age nineteen and
is a
full-time student in a secondary school or in the
equivalent level
of vocational or technical training.
(C)
"Prevention,
retention, and contingency program" means
the program
established by this chapter and funded in part with
federal
funds provided under Title IV-A.
(D)(C)
"Title IV-A" means Title IV-A of the
"Social
Security
Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended.
Sec. 5108.06
5108.03. Under the prevention, retention, and
contingency
program,
an assistance group that includes at least
one minor
child or a pregnant woman and meets the program's
eligibility
requirements
a county department of job and family
services shall
receive
assistance or
provide benefits and services
needed
that individuals need to overcome
immediate barriers to
achieving or maintaining self sufficiency and
personal
responsibility.
A county department shall provide the benefits and
services in accordance with either the model design for the
program that the department of job and family services develops
under section 5108.05 of the Revised Code or the county
department's own policies for the program developed under section
5108.06 of the Revised Code.
Sec. 5108.07
5108.05. The department of job and family
services shall develop a
model design for the prevention,
retention, and contingency
program that county departments of job
and family services
may adopt
under
section
5108.08
5108.06 of the
Revised Code.
The model design
must be consistent with Title IV-A,
federal regulations, state law, the Title IV-A
state plan
submitted to the United
States secretary of health and human
services under section 5101.80 of the
Revised Code, and amendments
to
the plan. No rules shall be adopted to develop the
model
design. The department shall provide each county
department a
written copy of the model design.
Sec. 5108.08
5108.06. Each county department of job and
family
services shall either adopt the
model design
for the
prevention, retention, and contingency program the
department of
job and family services
develops under
section
5108.07
5108.05 of
the Revised Code or develop
its own policies for the program. To
develop its own
policies, a county department shall adopt a
written statement of
the policies governing the program. The
policies may be a
modification of the model design, different from
the model
design, or a combination.
The policies shall establish
or
specify eligibility requirements, assistance or services to be
provided under the program, administrative requirements, and
other
matters the county department determines necessary. A
county
department may amend its statement of policies to modify,
terminate, and establish new policies.
The policies must be
consistent
with
Title IV-A,
federal regulations, state law, the
Title IV-A
state plan submitted to the
United States secretary of
health and human services under section 5101.80 of
the Revised
Code, and amendments to the plan.
A county department of job and family services shall inform
the
department of job and family services of
whether it has
adopted the model design or developed its own
policies for the
prevention, retention, and contingency
program. If a county
department develops its own policies, it
shall provide the
department a written copy of the
statement of policies and any
amendments it adopts to the
statement.
Sec. 5108.07.
The model design for the prevention,
retention, and contingency program that the department of job and
family services develops under section 5108.05 of the Revised Code
and policies for the program that a county department of job and
family services may develop under section 5108.06 of the Revised
Code shall establish or specify eligibility requirements for
assistance groups that apply for the program under section 5108.10
of the Revised Code, benefits and services to be provided under
the program to assistance groups, administrative requirements, and
other matters the department, in the case of the model design, or
a county department, in the case of county policies, determine are
necessary.
The model design and a county department's policies may
establish eligibility requirements for, and specify benefits and
services to be provided to, types of groups, such as students in
the same class, that share a common need for the benefits and
services. If the model design or a county department's policies
include such a provision, the model design or county department's
policies shall require that each individual who is to receive the
benefits and services meet the eligibility requirements
established for the type of group of which the individual is a
member. The model design or county department's policies also
shall require that the county department providing the benefits
and services certify the group's eligibility, specify the duration
that the group is to receive the benefits and services, and
maintain the eligibility information for each member of the group
receiving the benefits and services.
The model design and a county department's policies may
specify benefits and services that a county department may provide
for the general public, including billboards that promote the
prevention, and reduction in the incidence, of out-of-wedlock
pregnancies or encourage the formation and maintenance of
two-parent families.
The model design and a county department's policies must be
consistent with Title IV-A, federal regulations, state law, the
Title IV-A state plan submitted to the United States secretary of
health and human services under section 5101.80 of the Revised
Code, and amendments to the plan. All benefits and services to be
provided under the model design or a county department's policies
must be allowable uses of federal Title IV-A funds as specified in
42 U.S.C.A. 604(a), except that they may not be
"assistance" as
defined in 45 C.F.R. 260.31(a). The benefits and services shall
be benefits and services that 45 C.F.R. 260.31(b) excludes from
the
definition of assistance.
Sec. 5108.08. Benefits and services provided under the
prevention, retention, and contingency program are inalienable
whether by way of assignment, charge, or otherwise and exempt from
execution, attachment, garnishment, and other like process.
Sec. 5108.09. When a state hearing
under division (B) of
section
5101.35 of the Revised
Code or an administrative
appeal
under division (C) of
that section is held regarding the
prevention, retention, and
contingency program, the hearing
officer, director of job and
family services, or director's
designee shall base the decision in the
hearing or appeal on the
following:
(A) If the county department of job and family services
involved
in the hearing or appeal adopted the department of
job
and family services' model design for the program developed under
section
5108.07
5108.05 of the Revised Code,
the model design;
(B) If the county department developed its own policies
for
the program, the county department's written statement of
policies
adopted under
section
5108.08
5108.06 of the Revised Code and any
amendments the county department adopted to the statement.
Sec. 5108.10. An assistance group seeking to participate
in
the prevention, retention, and contingency program shall
apply to
a county department of job and family services
using an
application containing information
the county department requires.
When a county department receives an application for
participation in the prevention, retention, and contingency
program, it shall promptly make an investigation and record of
the
circumstances of the applicant in order to ascertain the
facts
surrounding the application and to obtain such other
information
as may be required. On completion of the
investigation, the
county department shall determine whether the
applicant is
eligible to participate, the
assistance
benefits or services
the
applicant should receive, and the approximate date when
participation is to begin.
Sec. 5111.01. As used in this chapter,
"medical assistance
program" or
"medicaid" means the program that
is authorized by
this
section
chapter and provided by
the department
if
of
job and
family services under this chapter, Title XIX of
the
"Social
Security Act,"
49
79 Stat.
620
286 (1935
1965), 42 U.S.C.A.
301
1396,
as
amended, and the waivers of
Title
XIX requirements
granted to
the
department by the health care financing
administration of the
United
States department of health and
human
services.
The department of job and family services shall act as the
single state agency to supervise the administration of the
medicaid program. As the single state agency, the department
shall comply with 42 C.F.R. 431.10(e). The department's rules
governing medicaid are binding on other agencies that administer
components of the medicaid program. No agency may establish, by
rule or otherwise, a policy governing medicaid that is
inconsistent with a medicaid policy established, in rule or
otherwise, by the director of job and family services.
(A) The department of job and family services may provide
medical
assistance under the medicaid program as long as
federal
funds are provided for such assistance, to the following:
(1)
Families with children that meet either of the following
conditions:
(a) The family meets the income, resource, and
family
composition requirements in effect on
July 16, 1996, for the
former
aid to dependent children program as those requirements
were
established by Chapter 5107. of
the Revised
Code, federal
waivers granted
pursuant to requests made under former section
5101.09 of the
Revised
Code, and rules adopted by the
department
or any changes the department makes to those requirements in
accordance with paragraph (a)(2) of section 114 of the
"Personal
Responsibility and Work
Opportunity Reconciliation Act of 1996,"
110
Stat. 2177, 42 U.S.C.A.
1396u-1, for the purpose of
implementing section 5111.019
of the Revised Code. An adult loses
eligibility for
medical assistance
under division
(A)(1)(a)
of
this section pursuant to division
(E) of section 5107.16 of
the
Revised
Code.
(b) The family does not meet the requirements
specified in
division
(A)(1)(a)
of this section but is
eligible for medical
assistance pursuant to section 5101.18 of the Revised
Code.
(2) Aged, blind, and disabled persons who meet the
following
conditions:
(a) Receive federal aid under Title XVI of the
"Social
Security Act," or are eligible for but are not receiving such
aid,
provided that the income from all other sources for
individuals
with independent living arrangements shall not exceed
one hundred
seventy-five dollars per month. The income standards
hereby
established shall be adjusted annually at the rate that is
used by
the United States department of health
and human services to
adjust the
amounts payable under Title XVI.
(b) Do not receive aid under Title XVI, but meet any of the
following
criteria:
(i) Would be eligible to receive such aid, except that
their
income, other than that excluded from consideration as
income
under Title XVI, exceeds the maximum under division
(A)(2)(a) of
this section, and incurred expenses for medical
care, as
determined under federal regulations applicable to
section 209(b)
of the
"Social Security Amendments of 1972," 86
Stat. 1381, 42
U.S.C.A. 1396a(f), as amended, equal or exceed the
amount by which
their income exceeds the maximum under division
(A)(2)(a) of this
section;
(ii) Received aid for the aged, aid to the blind, or aid
for
the permanently and totally disabled prior to January 1,
1974, and
continue to meet all the same eligibility requirements;
(iii) Are eligible for medical assistance pursuant to
section
5101.18 of the Revised Code.
(3) Persons to whom federal law requires, as a condition
of
state participation in the medicaid program, that medical
assistance be provided;
(4) Persons under age twenty-one who meet the income
requirements for the
Ohio works first program established under
Chapter 5107. of
the
Revised Code but do not meet other
eligibility
requirements for the program.
The director shall
adopt rules in accordance with
Chapter
119. of the Revised Code
specifying which
Ohio works first requirements shall be waived for
the purpose of
providing
medicaid eligibility under division
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the
general assembly, the department may provide medical assistance
to
persons in groups designated by federal law
as groups to which a
state, at its option, may provide medical assistance
under the
medicaid program.
(C) The department
may expand eligibility for medical
assistance to include
individuals under age nineteen with family
incomes at or below
one hundred fifty per cent of the federal
poverty guidelines,
except that the eligibility expansion shall
not occur unless the
department receives the approval of the
federal government. The
department may implement the eligibility
expansion authorized
under this division on any date selected by
the department, but
not sooner than January 1,
1998.
(D) In addition to
any other authority or requirement to
adopt rules under this
chapter, the director may adopt rules in
accordance
with
section 111.15 of the Revised
Code as the director
considers necessary to establish
standards, procedures, and other
requirements regarding the
provision of medical assistance. The
rules may establish
requirements to be followed in applying for
medical assistance,
making determinations of eligibility for
medical assistance, and
verifying eligibility for medical
assistance. The rules may
include special conditions as the
department determines
appropriate for making applications,
determining eligibility,
and verifying eligibility for any medical
assistance that the
department may provide pursuant to division
(C) of this section and section 5111.014 or 5111.019 of the
Revised Code.
Sec. 5111.0110. (A) The director of job and family services
shall submit to the United States secretary of health and human
services an amendment to the state medicaid plan to implement the
"Breast and Cervical Cancer Prevention and Treatment Act of 2000,"
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical
assistance to women who meet all of the following requirements:
(1) Are under age sixty-five;
(2) Are not otherwise eligible for medicaid;
(3) Have been screened for breast and cervical cancer under
the centers for disease control and prevention breast and cervical
cancer early detection program established under 42 U.S.C.A. 300k
in accordance with 42 U.S.C.A. 300n;
(4) Need treatment for breast or cervical cancer;
(5) Are not otherwise covered under creditable coverage, as
defined in 42 U.S.C.A. 300gg(c).
(B) If the United States secretary of health and human
services approves the state medicaid plan amendment submitted
under division (A) of this section, the director of job and family
services shall implement the amendment. The medical assistance
provided under the amendment shall be limited to medical
assistance provided during the period in which a woman who meets
the requirements of division (A) of this section requires
treatment for breast or cervical cancer.
Sec. 5111.041. (A) As used in this section,
"habilitation
center" means a
habilitation center certified under section
5123.041 of the
Revised Code by the
director of mental retardation
and developmental disabilities
for
the provision
of
to provide
habilitation
center services
under this section.
(B)
Habilitation centers shall verify the availability of
matching funds for
Title XIX of the Social Security Act for
reimbursement of
habilitation services
as defined in section
5123.041 of the Revised Code and such
matching funds
shall be
provided in accordance with 42 C.F.R. 433.45
To the extent
provided in rules adopted under division (C) of this section, the
medicaid program shall cover habilitation center services provided
by a
habilitation center.
(C) The director of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing the medicaid program's coverage of habilitation services
provided by habilitation centers. The rules shall establish or
provide for all of the following:
(1) The requirements a habilitation center must meet to
obtain certification under section 5123.041 of the Revised Code;
(2) Making habilitation center services provided by
habilitation
centers available to medicaid recipients with a
medical need for
the services;
(3) The amount, duration, and scope of the medicaid
program's coverage of the habilitation center services, including
all of
the following:
(a) The conditions under which the medicaid program covers
the habilitation center services;
(b) The amount the medicaid program pays for the
habilitation center services or the method by which the amount is
determined;
(c) The manner in which the medicaid program pays for the
habilitation center services.
(D) A county board of mental retardation and developmental
disabilities that has local administrative authority under
division (B) of section 5126.055 of the Revised Code for
habilitation center services shall pay the nonfederal share of
medicaid
expenditures for the services if all of the following
apply:
(1) The habilitation center services are provided to a
medicaid
recipient who is a current resident of the county that
the county
board serves;
(2) The county board has determined, under section 5126.041
of the Revised Code, that the medicaid recipient is eligible for
county board services;
(3) The habilitation center services are provided by a
habilitation
center with a medicaid provider agreement and the
habilitation
center meets either of the following requirements:
(a) Is operated by the county board;
(b) Has contracted
with the county board or the department
of mental retardation and
developmental disabilities to provide
the habilitation center services.
(4) No school district is required to pay the nonfederal
share under division (E) of this section.
(E) A school district shall pay the nonfederal share of
medicaid expenditures for habilitation center services if all of
the
following apply:
(1) The habilitation center services are provided to a
medicaid
recipient who is a student enrolled in a school of the
district;
(2) The habilitation center services are included in the
student's
individualized education program provided under section
3323.08 of
the Revised Code;
(3) The habilitation center services are provided by a
habilitation
center with a medicaid provider agreement and the
habilitation
center meets either of the following requirements:
(a) Is operated by the school district;
(b) Has contracted with the school district to provide the
habilitation center services.
(F) The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for
habilitation center services. The departments shall consider the
recommendations a county board of mental retardation and
developmental disabilities makes under division (B)(1) of section
5126.055 of the Revised Code. If either department reduces,
denies, or terminates a service, that department shall timely
notify the medicaid recipient that the recipient may request a
hearing under section 5101.35 of the Revised Code.
Sec. 5111.042. The departments of mental retardation and
developmental disabilities and job and family services may
approve, reduce, deny, or terminate a service included in the
individualized service plan developed for a medicaid recipient
with mental retardation or other developmental disability who is
eligible for medicaid case management services. The departments
shall consider the recommendations a county board of mental
retardation and developmental disabilities makes under division
(B)(1) of section 5126.055 of the Revised Code. If either
department reduces, denies, or terminates a service, that
department shall timely notify the medicaid recipient that the
recipient may request a hearing under section 5101.35 of the
Revised Code.
Sec. 5111.081. The prescription drug rebates fund is hereby
created in the state treasury. All rebates paid by drug
manufacturers to the department of job and family services in
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8
shall be credited to the fund. The department of job and family
services shall use money credited to the fund to pay for medicaid
services and contracts.
Sec. 5111.17. (A)
As used in this section,
"community-based
clinic" means a
clinic that provides prenatal, family planning,
well child, or primary care
services and is funded in whole or in
part by the state or federal
government.
(B) On receipt of a waiver from the United States
department
of health and human services of any federal
requirement that would
otherwise be violated, the department of job and
family services
shall
may establish in
Franklin, Hamilton, and Lucas
some or all
counties a managed care system under which designated recipients
of
medical assistance are required to obtain
medical
health care
services from providers
designated by the department.
The
department may stagger implementation of
the managed care system,
but the system shall be implemented in at least one
county not
later than January 1, 1995, and in all three counties not later
than July 1, 1996.
(C)(B) The department, by rule adopted under this section,
may require any recipients in any other county to receive all or
some of
their care through managed care organizations that
contract with the
department and
are paid by the department
pursuant to a capitation or other risk-based
methodology
prescribed in the rules, and to
receive their care only from
providers designated by the organizations
may enter into contracts
with managed care organizations to authorize the organizations to
provide health care services to medical assistance recipients
participating in a managed care system established under this
section.
(D) In accordance with rules adopted under division (G) of
this section, the
department may issue requests for proposals from
managed care
organizations interested in contracting with the
department to provide
managed care to
participating medical
assistance recipients.
(E) A health insuring corporation under contract with the
department under
this section may enter into an agreement with any
community-based clinic for
the provision of medical services to
medical assistance recipients
participating in the managed care
system if the clinic is willing to accept
the terms, conditions,
and payment procedures established by the health
insuring
corporation.
(F)(C) For the purpose of determining the amount the
department
pays hospitals under section 5112.08 of the Revised
Code and the amount of
disproportionate share hospital payments
paid by the medicare program
established under Title XVIII of the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as
amended, each managed care organization under
contract with the
department to provide
managed
health care
services to
participating medical
assistance recipients shall keep detailed
records for each hospital with
which
it contracts about the cost
to the hospital of providing the care, payments
made by the
organization to the hospital for the care, utilization of
hospital
services by medical assistance recipients participating in managed
care, and
other utilization data required by the department.
(G)(D) The director of job and family services
shall
may
adopt rules in accordance with
Chapter 119. of the Revised Code to
implement this section.
Sec. 5111.171. (A) The department of job and family services
may provide financial incentive awards to managed care
organizations that contract with the department under section
5111.17 of the Revised Code to provide health care services to
participating medical assistance recipients and that meet or
exceed performance standards specified in provider agreements or
rules adopted by the department. The department may specify in a
contract with a managed care organization the amounts of financial
incentive awards, methodology for distributing awards, types of
awards, and standards for administration by the department.
(B) There is hereby created in the state treasury the health
care compliance fund. The fund shall consist of all fines imposed
on and collected from managed care organizations for failure to
nmeet performance standards or other requirements specified in
provider agreements or rules adopted by the
department. All
investment earnings of the fund shall be credited
to the fund.
Moneys credited to the fund shall be used solely for
the following
purposes:
(1) To reimburse managed care organizations that have paid
fines for failures to meet performance standards or other
requirements and that have come into compliance by meeting
requirements as specified by the department;
(2) To provide financial incentive awards established
pursuant to division (A) of this section and specified in
contracts between managed care organizations and the department.
Sec. 5111.25. (A) The department of job and family
services
shall pay each eligible nursing facility a per resident
per day
rate
for its reasonable capital costs established
prospectively
each fiscal year
for each facility. Except as
otherwise provided
in sections 5111.20 to
5111.32 of the Revised
Code, the rate shall
be based on the facility's capital
costs for
the calendar year
preceding the fiscal year in which the rate will
be paid. The
rate shall equal the sum of divisions (A)(1) to (3)
of this
section:
(1) The lesser of the following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's desk-reviewed, actual, allowable, per diem cost of
ownership and eighty-five per cent of the facility's actual,
allowable, per diem cost of nonextensive renovation determined
under division (F) of this section;
(b) Eighty-eight and sixty-five one-hundredths per cent of
the following
limitation:
(i) For the fiscal year beginning July 1, 1993, sixteen
dollars per resident day;
(ii) For the fiscal year beginning July 1, 1994, sixteen
dollars per resident day, adjusted to reflect the rate of
inflation for the twelve-month period beginning July 1, 1992, and
ending June 30, 1993, using the consumer price index for shelter
costs for all urban consumers for the north central region,
published by the United States bureau of labor statistics;
(iii) For subsequent fiscal years, the limitation in
effect
during the previous fiscal year, adjusted to reflect the
rate of
inflation for the twelve-month period beginning on the
first day
of July for the calendar year preceding the calendar
year that
precedes the fiscal year and ending on the following
thirtieth day
of June, using the consumer price index for shelter
costs for all
urban consumers for the north central region,
published by the
United States bureau of labor statistics.
(2) Any efficiency incentive determined under division (D)
of this section;
(3) Any amounts for return on equity determined under
division (H) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight-line method over a period designated in rules
adopted
by the director of job and family services in
accordance with
Chapter 119. of the
Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department. Any rules adopted under this division
that specify
useful lives of buildings, components, or equipment
apply only to
assets acquired on or after July 1, 1993.
Depreciation for costs
paid or reimbursed by any government agency
shall not be included
in cost of ownership or renovation unless
that part of the
payment under sections 5111.20 to 5111.32 of the
Revised Code is
used to reimburse the government agency.
(B) The capital cost basis of nursing facility assets
shall
be determined in the following manner:
(1) For purposes of calculating the rate to be paid for the
fiscal year beginning July 1, 1993, for facilities
with dates of
licensure on or before
June 30, 1993, the capital cost basis shall
be equal to the
following:
(a) For facilities that have not had a change of ownership
during the period beginning January 1, 1993, and ending June 30,
1993, the desk-reviewed, actual, allowable capital cost basis
that
is listed on the facility's cost report for the cost
reporting
period ending December 31, 1992, plus the actual,
allowable
capital cost basis of any assets constructed or
acquired after
December 31, 1992, but before July 1, 1993, if the
aggregate
capital costs of those assets would increase the
facility's rate
for capital costs by twenty or more cents per
resident per day.
(b) For facilities that have a date of licensure or had a
change of ownership during the period beginning January 1, 1993,
and ending June 30, 1993, the actual, allowable capital cost
basis
of the person or government entity that owns the facility
on June
30, 1993.
Capital cost basis shall be calculated as provided in
division (B)(1) of this section subject to approval by the United
States health care financing administration of any necessary
amendment to the state plan for providing medical assistance.
The department shall include the actual, allowable capital
cost basis of assets constructed or acquired during the period
beginning January 1, 1993, and ending June 30, 1993, in the
calculation for the facility's rate effective July 1, 1993, if
the
aggregate capital costs of the assets would increase the
facility's rate by twenty or more cents per resident per day and
the facility provides the department with sufficient
documentation
of the costs before June 1, 1993. If the facility
provides the
documentation after that date, the department shall
adjust the
facility's rate to reflect the costs of the assets one
month after
the first day of the month after the department
receives the
documentation.
(2) Except as provided in division (B)(4) of this
section,
for purposes of calculating the rates to be paid for
fiscal years
beginning after June 30, 1994, for
facilities with dates of
licensure on or before June 30,
1993, the capital cost basis of
each asset shall be equal to the
desk-reviewed, actual, allowable,
capital cost basis that is
listed on the facility's cost report
for the calendar year
preceding the fiscal year during which the
rate will be paid.
(3) For facilities with dates of licensure after June
30,
1993, the capital cost basis shall be determined in
accordance
with the principles of the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, except as otherwise provided in
sections
5111.20 to 5111.32 of the Revised Code.
(4) Except as provided in division (B)(5) of this
section,
if a provider transfers an interest in a facility to
another
provider
after June 30, 1993, there shall be no increase in the
capital
cost basis of the asset if the providers are related
parties. If
the providers are not related parties or if they are
related parties and
division (B)(5) of this section requires the
adjustment of the
capital cost basis under this division, the
basis of the asset
shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time that the transferor held the asset, as calculated by the
department of job and family services using the "Dodge
building
cost indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time that the
transferor held the asset.
(5) If a provider transfers an interest in a
facility to
another provider who is a related party, the capital cost basis of
the asset
shall be adjusted as specified in division
(B)(4) of
this section for a transfer to a provider that is not a
related
party if all of the following conditions are met:
(a) The related party is a relative
of owner;
(b) Except as provided in division
(B)(5)(c)(ii) of this
section, the
provider making the transfer
retains no ownership
interest in the facility;
(c) The department of job and family services
determines
that the transfer is an arm's length
transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119.
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a transfer is an arm's length transaction if all of
the following apply:
(i) Once the transfer goes into effect, the provider that
made
the transfer has no direct or indirect interest in the
provider that acquires
the facility or the
facility itself,
including interest as an owner, officer, director, employee,
independent contractor,
or consultant, but excluding interest as a
creditor.
(ii) The provider that made the transfer does not reacquire
an
interest in the facility except through the exercise of a
creditor's rights in
the event of a default. If the provider
reacquires an interest in the
facility in this
manner, the
department shall treat the facility as if the transfer
never
occurred when the department calculates its reimbursement
rates
for capital costs.
(iii) The transfer satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a
provider making the transfer who is at least sixty-five
years of
age,
not less than twenty years have elapsed since, for the same
facility, the capital cost basis was adjusted most recently under
division
(B)(5) of this section or
actual, allowable cost of
ownership was determined most recently under
division (C)(9) of
this section.
(C) As used in this division, "lease expense" means lease
payments in the case of an operating lease and depreciation
expense and interest expense in the case of a capital lease. As
used in this division, "new lease" means a lease, to a different
lessee, of a nursing facility that previously was operated under
a
lease.
(1) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility that was effective on
May 27, 1992, the entire lease expense is an actual, allowable
cost of ownership during the term of the existing lease. The
entire lease expense also is an actual, allowable cost of
ownership if a lease in existence on May 27, 1992, is renewed
under either of the following circumstances:
(a) The renewal is pursuant to a renewal option that was
in
existence on May 27, 1992;
(b) The renewal is for the same lease payment amount and
between the same parties as the lease in existence on May 27,
1992.
(2) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility that was in existence
but not operated under a lease on May 27, 1992, actual, allowable
cost of ownership shall include the lesser of the annual lease
expense or the annual depreciation expense and imputed interest
expense that would be calculated at the inception of the lease
using the lessor's entire historical capital asset cost basis,
adjusted by the lesser of the following amounts:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(3) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that is initially operated
under a lease, actual, allowable cost of ownership shall include
the annual lease expense if there was a substantial commitment of
money for construction of the facility after December 22, 1992,
and before July 1, 1993. If there was not a substantial
commitment of money after December 22, 1992, and before July 1,
1993, actual, allowable cost of ownership shall include the
lesser
of the annual lease expense or the sum of the following:
(a) The annual depreciation expense that would be
calculated
at the inception of the lease using the lessor's
entire historical
capital asset cost basis;
(b) The greater of the lessor's actual annual amortization
of financing costs and interest expense at the inception of the
lease or the imputed interest expense calculated at the inception
of the lease using seventy per cent of the lessor's historical
capital asset cost basis.
(4) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that was not initially
operated under a lease and has been in existence for ten years,
actual, allowable cost of ownership shall include the lesser of
the annual lease expense or the annual depreciation expense and
imputed interest expense that would be calculated at the
inception
of the lease using the entire historical capital asset
cost basis
of the lessor, adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(5) Subject to the limitation specified in division (A)(1)
of this section, for a new lease of a facility that was operated
under a lease on May 27, 1992, actual, allowable cost of
ownership
shall include the lesser of the annual new lease
expense or the
annual old lease payment. If the old lease was in
effect for ten
years or longer, the old lease payment from the
beginning of the
old lease shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
(6) Subject to the limitation specified in division (A)(1)
of this section, for a new lease of a facility that was not in
existence or that was in existence but not operated under a lease
on May 27, 1992, actual, allowable cost of ownership shall
include
the lesser of annual new lease expense or the annual
amount
calculated for the old lease under division (C)(2), (3),
(4), or
(6) of this section, as applicable. If the old lease was
in
effect for ten years or longer, the lessor's historical
capital
asset cost basis shall be adjusted by the lesser of the
following
for purposes of calculating the annual amount under
division
(C)(2), (3), (4), or (6) of this section:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
In the case of a lease under division (C)(3) of this
section
of a facility for which a substantial commitment of money
was made
after December 22, 1992, and before July 1, 1993, the
old lease
payment shall be adjusted for the purpose of
determining the
annual amount.
(7) For any revision of a lease described in division
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any
subsequent lease of a facility operated under such a lease, other
than execution of a new lease, the portion of actual, allowable
cost of ownership attributable to the lease shall be the same as
before the revision or subsequent lease.
(8) Except as provided in division
(C)(9) of this section,
if a
provider leases an interest in a facility to another provider
who is a related
party, the related party's actual, allowable cost
of ownership shall
include the lesser of the annual lease expense
or the reasonable
cost to the lessor.
(9) If a provider leases an interest in a facility to
another provider who
is a related party, regardless of the date of
the lease, the related
party's actual, allowable cost of ownership
shall include the annual lease
expense, subject to the limitations
specified in divisions
(C)(1) to (7) of this section,
if all of
the following conditions are met:
(a) The related party is a relative of owner;
(b) If the lessor retains an
ownership interest, it is,
except as provided in division
(C)(9)(c)(ii) of this section, in
only the real property and any improvements
on the real property;
(c) The department of job and family services
determines
that the lease is an arm's length transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119.
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a lease is an arm's length transaction if all of the
following apply:
(i) Once the lease goes into effect, the lessor has no
direct or
indirect interest in the lessee or, except as provided
in division
(C)(9)(b) of this section, the facility itself,
including
interest as an owner, officer, director, employee,
independent contractor, or
consultant, but excluding interest
as a
lessor.
(ii) The lessor does not reacquire an interest in the
facility
except through the exercise of a lessor's rights in the
event of a default.
If the lessor reacquires
an interest in the
facility in this manner, the department shall
treat the facility
as if the lease never occurred when the
department calculates its
reimbursement rates for capital costs.
(iii) The lease satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
who is at least sixty-five years of age, not less
than twenty
years have elapsed since, for the same facility, the
capital cost
basis was adjusted most recently under division
(B)(5) of this
section or
actual, allowable cost of ownership was determined most
recently under
division (C)(9) of this section.
(10) This division does not apply to leases of specific
items of equipment.
(D)(1) Subject to division (D)(2) of this section, the
department shall pay
each nursing facility an efficiency incentive
that is equal to fifty per cent
of the difference between the
following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's
desk-reviewed, actual, allowable, per diem cost of
ownership;
(b) The applicable amount specified in division (E) of
this
section.
(2) The efficiency incentive paid to a
nursing facility
shall not exceed the greater of the following:
(a) The efficiency incentive the facility was paid
during
the fiscal year ending June 30, 1994;
(b) Three dollars per resident per day, adjusted
annually
for rates paid beginning July 1, 1994, for the
inflation rate for
the twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar
year that precedes the fiscal
year for which the efficiency
incentive is determined and ending
on the thirtieth day of the
following June, using the consumer
price index for
shelter costs for all urban consumers for the
north central
region, as published by the United States
bureau of
labor statistics.
(3) For purposes of calculating the efficiency
incentive,
depreciation for costs that are paid or reimbursed by any
government agency shall be considered as costs of ownership, and
renovation costs that are paid under division (F) of this section
shall not be considered costs of ownership.
(E) The following amounts shall be used to calculate
efficiency incentives for nursing facilities under this section:
(1) For facilities with dates of licensure prior to
January
1, 1958, four dollars and twenty-four cents per patient
day;
(2) For facilities with dates of licensure after December
31, 1957, but prior to January 1, 1968:
(a) Five dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or more per bed;
(b) Four dollars and twenty-four cents per patient day if
the cost of construction was less than three thousand five
hundred
dollars per bed.
(3) For facilities with dates of licensure after December
31, 1967, but prior to January 1, 1976:
(a) Six dollars and twenty-four cents per patient day if
the
cost of construction was five thousand one hundred fifty
dollars
or more per bed;
(b) Five dollars and twenty-four cents per patient day if
the cost of construction was less than five thousand one hundred
fifty dollars per bed, but exceeded three thousand five hundred
dollars per bed;
(c) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(4) For facilities with dates of licensure after December
31, 1975, but prior to January 1, 1979:
(a) Seven dollars and twenty-four cents per patient day if
the cost of construction was six thousand eight hundred dollars
or
more per bed;
(b) Six dollars and twenty-four cents per patient day if
the
cost of construction was less than six thousand eight hundred
dollars per bed but exceeded five thousand one hundred fifty
dollars per bed;
(c) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less per bed, but exceeded three thousand five hundred
dollars per bed;
(d) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(5) For facilities with dates of licensure after December
31, 1978, but prior to January 1, 1981:
(a) Seven dollars and seventy-four cents per patient day
if
the cost of construction was seven thousand six hundred
twenty-five dollars or more per bed;
(b) Seven dollars and twenty-four cents per patient day if
the cost of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeded six thousand eight
hundred dollars per bed;
(c) Six dollars and twenty-four cents per patient day if
the
cost of construction was six thousand eight hundred dollars
or
less per bed but exceeded five thousand one hundred fifty
dollars
per bed;
(d) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less but exceeded three thousand five hundred dollars
per bed;
(e) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(6) For facilities with dates of licensure in 1981 or any
year thereafter prior to December 22, 1992, the following amount:
(a) For facilities with construction costs less than seven
thousand six hundred twenty-five dollars per bed, the applicable
amounts for the construction costs specified in divisions
(E)(5)(b) to (e) of this section;
(b) For facilities with construction costs of seven
thousand
six hundred twenty-five dollars or more per bed, six
dollars per
patient day, provided that for 1981 and annually
thereafter prior
to December 22, 1992, department shall do both
of the following to
the six-dollar amount:
(i) Adjust the amount for fluctuations in construction
costs
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift, using 1980 as the base year;
(ii) Increase the amount, as adjusted for inflation under
division (E)(6)(b)(i) of this section, by one dollar and
seventy-four cents.
(7) For facilities with dates of licensure on or after
January 1, 1992, seven dollars and ninety-seven cents, adjusted
for fluctuations in construction costs between 1991 and 1993 as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift, and then increased by one dollar and
seventy-four cents.
For the fiscal year that begins July 1, 1994, each of the
amounts listed in divisions (E)(1) to (7) of this section shall
be
increased by twenty-five cents. For the fiscal year that
begins
July 1, 1995, each of those amounts shall be increased by
an
additional twenty-five cents. For subsequent fiscal years,
each
of those amounts, as increased for the prior fiscal year,
shall be
adjusted to reflect the rate of inflation for the
twelve-month
period beginning on the first day of July of the
calendar year
preceding the calendar year that precedes the
fiscal year and
ending on the following thirtieth day of June,
using the consumer
price index for shelter costs for all urban
consumers for the
north central region, as published by the
United States bureau of
labor statistics.
If the amount established for a nursing facility under this
division is less than the amount that applied to the facility
under division (B) of former section 5111.25 of the Revised Code,
as the former section existed immediately prior to December 22,
1992, the amount used to calculate the efficiency incentive for
the facility under division (D)(2) of this section shall be the
amount that was calculated under division (B) of the former
section.
(F) Beginning July 1, 1993, regardless of the facility's
date of licensure or the date of the nonextensive renovations,
the
rate for the costs of nonextensive renovations for nursing
facilities shall be eighty-five per cent of the desk-reviewed,
actual, allowable, per diem, nonextensive renovation costs. This
division applies to nonextensive renovations regardless of
whether
they are made by an owner or a lessee. If the tenancy of
a lessee
that has made nonextensive renovations ends before the
depreciation expense for the renovation costs has been fully
reported, the former lessee shall not report the undepreciated
balance as an expense.
(1) For a nonextensive renovation made after July 1, 1993,
to qualify for payment under this division, both of the following
conditions must be met:
(a) At least five years have elapsed since the date of
licensure of the portion of the facility that is proposed to be
renovated, except that this condition does not apply if the
renovation is necessary to meet the requirements of federal,
state, or local statutes, ordinances, rules, or policies.
(b) The provider has obtained prior approval from the
department of job and family services, and if required
the
director of health has granted a certificate of need for the
renovation
under section 3702.52 of the Revised Code. The
provider shall submit a
plan that describes in detail the changes
in capital assets to be
accomplished by means of the renovation
and the timetable for
completing the project. The time for
completion of the project
shall be no more than eighteen months
after the renovation
begins. The department of job and family
services shall
adopt rules in accordance with Chapter 119. of the
Revised Code that specify
criteria and procedures for prior
approval of renovation
projects. No provider shall separate a
project with the intent
to evade the characterization of the
project as a renovation or
as an extensive renovation. No
provider shall increase the scope
of a project after it is
approved by the department of job and
family services unless the
increase in scope is approved by the
department.
(2) The payment provided for in this division is the only
payment that shall be made for the costs of a nonextensive
renovation. Nonextensive renovation costs shall not be included
in costs of ownership, and a nonextensive renovation shall not
affect the date of licensure for purposes of calculating the
efficiency incentive under divisions (D) and (E) of this section.
(G) The owner of a nursing facility operating under a
provider agreement shall provide written notice to the department
of job and family services at least forty-five days prior
to
entering into any contract of sale for the facility or voluntarily
terminating participation in the medical assistance program.
After
the date
on which a transaction of sale is closed, the owner
shall
refund to the
department the amount of excess depreciation
paid to
the facility by the
department for each year the owner has
operated the facility under a provider
agreement and prorated
according to the number of medicaid patient days for
which the
facility has received payment. If a nursing facility is sold
after
five or fewer years of operation under a provider
agreement,
the refund to the
department shall be equal to the excess
depreciation paid to the facility. If
a nursing facility is sold
after more than five years but less than ten years
of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the difference between ten and the
number of years that the facility was operated under a provider
agreement. If a nursing facility is sold after ten or more years
of operation under a provider agreement, the owner shall not
refund any excess depreciation to the department. The
owner of a
facility that is sold or that
voluntarily terminates participation
in the medical assistance
program also shall refund any other
amount that the department
properly finds to be due after the
audit conducted under this
division. For the purposes of this
division, "depreciation paid
to the facility" means the amount
paid to the nursing facility
for cost of ownership pursuant to
this section less any amount
paid for interest costs, amortization
of financing
costs, and lease expenses. For the purposes of this
division, "excess depreciation" is the nursing facility's
depreciated
basis, which is the owner's cost less accumulated
depreciation,
subtracted from the purchase price net of selling
costs
but not exceeding the amount
of depreciation paid to the
facility.
A cost report shall be filed with the department within
ninety days after the date on which the transaction of sale is
closed or participation is voluntarily terminated. The report
shall show the accumulated depreciation, the sales price, and
other information required by the department. The
department
shall provide for a bank, trust company, or savings and loan
association to hold in escrow the amount of the
last two monthly
payments to a nursing facility made pursuant to
division (A)(1) of
section 5111.22 of the Revised Code before a
sale or termination
of participation
shall be held in escrow by a
bank, trust company,
or savings and loan association, except that
if
or, if the owner
fails, within the time required by this division, to notify the
department before entering into a contract of sale for the
facility, the amount of the first two monthly payments made to the
facility after the department learns of the contract, regardless
of whether a new owner is in possession of the facility. If the
amount the owner will be required to refund under this
section is
likely to be less than the amount of the
last two
monthly payments
otherwise put into escrow under this division, the department
shall take one of the following
actions instead of withholding the
amount of the
last two monthly
payments:
(1) In the case of an owner that owns other facilities
that
participate in the medical assistance program, obtain a
promissory
note in an amount sufficient to cover the amount
likely to be
refunded;
(2) In the case of all other owners, withhold the amount
of
the last monthly payment to the nursing facility
or, if the owner
fails, within the time required by this division, to notify the
department before entering into a contract of sale for the
facility, the amount of the first monthly payment made to the
facility after the department learns of the contract, regardless
of whether a new owner is in possession of the facility.
The department shall, within ninety days following the
filing
of the cost report, audit the cost report and issue an
audit
report to the owner. The department also may audit any
other cost
report that the facility has filed during the previous
three
years. In the audit report, the department shall state its
findings and the amount of any money owed to the department by
the
nursing facility. The findings shall be subject to
adjudication
conducted in accordance with Chapter 119. of the
Revised Code. No
later than fifteen days after the owner agrees
to a settlement,
any funds held in escrow less any amounts due to
the department
shall be released to the owner and amounts due to
the department
shall be paid to the department. If the amounts
in escrow are
less than the amounts due to the department, the
balance shall be
paid to the department within fifteen days after
the owner agrees
to a settlement. If the department does not
issue its audit
report within the ninety-day period, the
department shall release
any money held in escrow to the owner.
For the purposes of this
section, a transfer of corporate stock,
the merger of one
corporation into another, or a consolidation
does not constitute a
sale.
If a nursing facility is not sold or its participation is
not
terminated after notice is provided to the department under
this
division, the department shall order any payments held in
escrow
released to the facility upon receiving written notice
from the
owner that there will be no sale or termination. After
written
notice is received from a nursing facility that a sale or
termination will not take place, the facility shall provide
notice
to the department at least forty-five days prior to
entering into
any contract of sale or terminating participation
at any future
time.
(H) The department shall pay each eligible proprietary
nursing facility a return on the facility's net equity computed
at
the rate of one and one-half times the average interest rate
on
special issues of public debt obligations issued to the
federal
hospital insurance trust fund for the cost reporting
period,
except that no facility's return on net equity shall
exceed
one
dollar
fifty cents per patient day.
When calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(I) If a nursing facility would receive a lower rate for
capital costs for assets in the facility's possession on July 1,
1993, under this section than it would receive under former
section 5111.25 of the Revised Code, as the former section
existed
immediately prior to December 22, 1992, the facility
shall receive
for those assets the rate it would have received
under the former
section for each fiscal year beginning on or
after July 1, 1993,
until the rate it would receive under this
section exceeds the
rate it would have received under the former
section. Any
facility that receives a rate calculated under the
former section
5111.25 of the Revised Code for assets in the
facility's
possession on July 1, 1993, also shall receive a rate
calculated
under this section for costs of any assets it
constructs or
acquires after July 1, 1993.
Sec. 5111.251. (A) The department of job and family
services shall pay each eligible intermediate care facility for
the mentally
retarded for its reasonable capital costs, a per
resident per day
rate established prospectively each fiscal year
for each
intermediate care facility for the mentally retarded.
Except as
otherwise provided in sections 5111.20 to 5111.32 of the
Revised
Code, the rate shall be based on the facility's capital
costs for
the calendar year preceding the fiscal year in which the
rate
will be paid. The rate shall equal the sum of the following:
(1) The facility's desk-reviewed, actual, allowable, per
diem cost of ownership for the preceding cost reporting period,
limited as provided in divisions (C) and (F) of this section;
(2) Any efficiency incentive determined under division (B)
of this section;
(3) Any amounts for renovations determined under division
(D) of this section;
(4) Any amounts for return on equity determined under
division (I) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight line method over a period designated by the
director
of job and family services in rules adopted
in accordance with
Chapter 119. of
the Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department of job and family services. Any rules
adopted
under this division that specify
useful lives of
buildings, components, or equipment apply only to
assets acquired
on or after July 1, 1993. Depreciation for costs
paid or
reimbursed by any government agency shall not be included
in costs
of ownership or renovation unless that part of the
payment under
sections 5111.20 to 5111.32 of the Revised Code is
used to
reimburse the government agency.
(B) The department of job and family services shall pay
to
each intermediate care facility for the mentally retarded an
efficiency
incentive equal
to fifty per cent of the difference
between any desk-reviewed,
actual, allowable cost of ownership and
the applicable limit on
cost of ownership payments under division
(C) of this section. For purposes
of computing the efficiency
incentive, depreciation for costs paid or
reimbursed by any
government agency shall be considered as a cost of
ownership, and
the applicable limit under division (C) of this section shall
apply both to facilities with more than eight beds and facilities
with eight
or fewer beds. The efficiency incentive paid to a
facility with eight or
fewer beds shall not exceed
three dollars
per patient day, adjusted annually for the
inflation rate for the
twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar year that
precedes the fiscal
year for which the efficiency incentive is
determined and ending
on the thirtieth day of the following June,
using the consumer
price index for shelter costs for all urban
consumers for the
north central region, as published by the
United States bureau of
labor statistics.
(C) Cost of ownership payments to intermediate care
facilities for the mentally retarded with more than eight beds
shall not exceed the following limits:
(1) For facilities with dates of licensure prior to
January
1, l958, not exceeding two dollars and fifty cents per
patient
day;
(2) For facilities with dates of licensure after December
31, l957, but prior to January 1, l968, not exceeding:
(a) Three dollars and fifty cents per patient day if the
cost of construction was three thousand five hundred dollars or
more per bed;
(b) Two dollars and fifty cents per patient day if the
cost
of construction was less than three thousand five hundred
dollars
per bed.
(3) For facilities with dates of licensure after December
31, l967, but prior to January 1, l976, not exceeding:
(a) Four dollars and fifty cents per patient day if the
cost
of construction was five thousand one hundred fifty dollars
or
more per bed;
(b) Three dollars and fifty cents per patient day if the
cost of construction was less than five thousand one hundred
fifty
dollars per bed, but exceeds three thousand five hundred
dollars
per bed;
(c) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(4) For facilities with dates of licensure after December
31, l975, but prior to January 1, l979, not exceeding:
(a) Five dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
more per
bed;
(b) Four dollars and fifty cents per patient day if the
cost
of construction was less than six thousand eight hundred
dollars
per bed but exceeds five thousand one hundred fifty
dollars per
bed;
(c) Three dollars and fifty cents per patient day if the
cost of construction was five thousand one hundred fifty dollars
or less per bed, but exceeds three thousand five hundred dollars
per bed;
(d) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(5) For facilities with dates of licensure after December
31, l978, but prior to January 1, l980, not exceeding:
(a) Six dollars per patient day if the cost of
construction
was seven thousand six hundred twenty-five dollars
or more per
bed;
(b) Five dollars and fifty cents per patient day if the
cost
of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeds six thousand eight
hundred
dollars per bed;
(c) Four dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
less per
bed but exceeds five thousand one hundred fifty dollars
per bed;
(d) Three dollars and fifty cents per patient day if the
cost of construction was five thousand one hundred fifty dollars
or less but exceeds three thousand five hundred dollars per bed;
(e) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(6) For facilities with dates of licensure after
December
31, 1979, but prior to
January 1, 1981, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as
residential facility beds by the department
of mental retardation and
developmental disabilities;
(b) Six dollars per patient day if the beds were originally
licensed as nursing home beds by the department of health.
(7) For facilities with dates of licensure after December
31,
1980, but prior to January 1, 1982, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and forty-five cents per patient day if the
beds
were originally licensed as nursing home beds by the
department of health.
(8) For facilities with dates of licensure after December
31,
1981, but prior to January 1, 1983, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and seventy-nine cents per patient day if
the beds
were originally licensed as nursing home beds by the
department of health.
(9) For facilities with dates of licensure after December
31,
1982, but prior to January 1, 1984, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Seven dollars and nine cents per patient day if the beds
were
originally licensed as nursing home beds by the department of
health.
(10) For facilities with dates of licensure after December
31,
1983, but prior to January 1, 1985, not exceeding:
(a) Twelve dollars and twenty-four cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and twenty-three cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(11) For facilities with dates of licensure after December
31,
1984, but prior to January 1, 1986, not exceeding:
(a) Twelve dollars and fifty-three cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and forty cents per patient day if the
beds were
originally licensed as nursing home beds by the
department of health.
(12) For facilities with dates of licensure after December
31,
1985, but prior to January 1, 1987, not exceeding:
(a) Twelve dollars and seventy cents per patient day if the
beds were originally
licensed as residential facility beds by the
department of mental retardation
and developmental disabilities;
(b) Seven dollars and fifty cents per patient day if the
beds were
originally licensed as nursing home beds by the
department of health.
(13) For facilities with dates of licensure after December
31,
1986, but prior to January 1, 1988, not exceeding:
(a) Twelve dollars and ninety-nine cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and sixty-seven cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(14) For facilities with dates of licensure after December
31,
1987, but prior to January 1, 1989, not exceeding thirteen
dollars and
twenty-six cents per patient day;
(15) For facilities with dates of licensure after December
31,
1988, but prior to January 1, 1990, not exceeding thirteen
dollars and
forty-six cents per patient day;
(16) For facilities with dates of licensure after December
31,
1989, but prior to January 1, 1991, not exceeding thirteen
dollars and
sixty cents per patient day;
(17) For facilities with dates of licensure after December
31,
1990, but prior to January 1, 1992, not exceeding thirteen
dollars and
forty-nine cents per patient day;
(18) For facilities with dates of licensure after December
31,
1991, but prior to January 1, 1993, not exceeding thirteen
dollars and
sixty-seven cents per patient day;
(19) For facilities with dates of licensure after December
31,
1992, not exceeding fourteen dollars and twenty-eight cents
per patient day.
(D) Beginning January 1, 1981, regardless of the original
date of licensure, the department of job and family
services shall
pay a rate for the per
diem capitalized costs of renovations to
intermediate care
facilities for the mentally retarded made after
January 1, l981,
not exceeding six dollars per patient day using
1980 as the base
year and adjusting the amount annually until June
30, 1993, for
fluctuations in construction costs calculated by the
department
using the "Dodge building cost indexes, northeastern
and north
central states," published by Marshall and Swift. The
payment
provided for in this division is the only payment that
shall be
made for the capitalized costs of a nonextensive
renovation of an
intermediate care facility for the mentally
retarded.
Nonextensive renovation costs shall not be included in
cost of
ownership, and a nonextensive renovation shall not affect
the
date of licensure for purposes of division (C) of this
section.
This division applies to nonextensive renovations
regardless of
whether they are made by an owner or a lessee. If
the tenancy of
a lessee that has made renovations ends before the
depreciation
expense for the renovation costs has been fully
reported, the
former lessee shall not report the undepreciated
balance as an
expense.
For a nonextensive renovation to qualify for payment under
this division, both of the following conditions must be met:
(1) At least five years have elapsed since the date of
licensure or date of an extensive renovation of the portion of
the
facility that is proposed to be renovated, except that this
condition does not apply if the renovation is necessary to meet
the requirements of federal, state, or local statutes,
ordinances,
rules, or policies.
(2) The provider has obtained prior approval from the
department of job and family services. The provider
shall submit
a plan that describes in
detail the changes in capital assets to
be accomplished by means
of the renovation and the timetable for
completing the project.
The time for completion of the project
shall be no more than
eighteen months after the renovation begins.
The
director of
job and family services shall adopt rules in
accordance with Chapter
119. of the Revised
Code that specify
criteria and procedures for prior approval of
renovation projects.
No provider shall separate a project with
the intent to evade the
characterization of the project as a
renovation or as an extensive
renovation. No provider shall
increase the scope of a project
after it is approved by the
department of job and family services
unless the increase
in scope is approved by the department.
(E) The amounts specified in divisions (C) and (D) of this
section shall be adjusted beginning July 1, 1993, for the
estimated inflation for the twelve-month period beginning on the
first day of July of the calendar year preceding the calendar
year
that precedes the fiscal year for which rate will be paid
and
ending on the thirtieth day of the following June, using the
consumer price index for shelter costs for all urban consumers
for
the north central region, as published by the United States
bureau
of labor statistics.
(F)(1) For facilities of eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities
before July 1, 1993, and for facilities of eight or
fewer beds
that have dates of licensure or have been granted
project
authorization after that date if the facilities
demonstrate that
they made substantial commitments of funds on or
before that date,
cost of ownership shall not exceed eighteen
dollars and thirty
cents per resident per day. The
eighteen-dollar and thirty-cent
amount shall be increased by the
change in the "Dodge building
cost indexes, northeastern and
north central states," published by
Marshall and Swift, during
the period beginning June 30, 1990, and
ending July 1, 1993, and
by the change in the consumer price index
for shelter costs for
all urban consumers for the north central
region, as published by
the United States bureau of labor
statistics, annually
thereafter.
(2) For facilities with eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities on
or after July 1, 1993, for which substantial
commitments of funds
were not made before that date, cost of
ownership payments shall
not exceed the applicable amount
calculated under division (F)(1)
of this section, if the
department of job and family services
gives prior
approval for construction of the facility. If the
department does not give
prior approval, cost of ownership
payments shall not exceed the
amount specified in division (C) of
this section.
(3) Notwithstanding divisions (D) and (F)(1) and (2) of
this
section, the total payment for cost of ownership, cost of
ownership efficiency incentive, and capitalized costs of
renovations for an intermediate care facility for the mentally
retarded with eight or fewer beds shall not exceed the sum of the
limitations specified in divisions (C) and (D) of this
section.
(G) Notwithstanding any provision of this section or
section
5111.24 of the Revised Code, the director of
job and family
services may adopt
rules in accordance with Chapter 119. of the
Revised Code that
provide for a calculation of a combined maximum
payment limit for
indirect care costs and cost of ownership for
intermediate care
facilities for the mentally retarded with eight
or fewer beds.
(H) After June 30, 1980, the owner of an intermediate care
facility for the mentally retarded operating under a provider
agreement shall provide written notice to the department of
job
and family services at least forty-five days prior to entering
into any
contract of sale for the facility or voluntarily
terminating
participation in the medical assistance program.
After
the date
on which a transaction of sale is closed, the owner
shall
refund
to the department the amount of excess depreciation
paid to
the
facility by the department for each year the owner has
operated
the facility under a provider agreement and prorated
according to
the number of medicaid patient days for which the
facility has
received payment. If an intermediate care facility
for the
mentally retarded is sold after five or fewer years of
operation
under a provider agreement, the refund to the department
shall be
equal to the excess depreciation paid to the facility.
If
an
intermediate care facility for the mentally retarded is sold
after more than five years but less than ten years of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the number of years less than ten
that a facility was operated under a provider agreement. If an
intermediate care facility for the mentally retarded is sold
after
ten or more years of operation under a provider agreement,
the
owner shall not refund any excess depreciation to the
department.
For the purposes of this division, "depreciation
paid to the
facility" means the amount paid to the intermediate
care facility
for the mentally retarded for cost of ownership
pursuant to this
section less any amount paid for interest costs.
For the purposes
of this division, "excess depreciation" is the
intermediate care
facility for the mentally retarded's
depreciated basis, which is
the owner's cost less accumulated
depreciation, subtracted from
the purchase price but not
exceeding the amount of depreciation
paid to the facility.
A cost report shall be filed with the department within
ninety days after the date on which the transaction of sale is
closed or participation is voluntarily terminated for an
intermediate care facility for the mentally retarded subject to
this division. The report shall show the accumulated
depreciation, the sales price, and other information required by
the department. The
department shall provide for a bank, trust
company, or savings and loan association to hold in escrow the
amount of the last two monthly payments to
an intermediate care
facility for the mentally retarded made
pursuant to division
(A)(1) of section 5111.22 of the Revised
Code before a sale or
voluntary termination of participation
shall be held in escrow by
a bank, trust company, or savings and
loan association, except
that if
or, if the owner fails, within the time required by this
division, to notify the department before entering into a contract
of sale for the facility, the amount of the first two monthly
payments made to the facility after the department learns of the
contract, regardless of whether a new owner is in possession of
the facility. If the amount the owner will be
required to refund
under this section is likely to be less than
the amount of the
last two monthly payments
otherwise put into escrow under this
division, the department shall
take one of the following actions
instead of withholding the
amount of the
last two monthly
payments:
(1) In the case of an owner that owns other facilities
that
participate in the medical assistance program, obtain a
promissory
note in an amount sufficient to cover the amount
likely to be
refunded;
(2) In the case of all other owners, withhold the amount
of
the last monthly payment to the intermediate care facility for
the
mentally retarded
or, if the owner fails, within the time required
by this division, to notify the department before entering into a
contract of sale for the facility, the amount of the first monthly
payment made to the facility after the department learns of the
contract, regardless of whether a new owner is in possession of
the facility.
The department shall, within ninety days following the
filing
of the cost report, audit the report and issue an audit
report to
the owner. The department also may audit any other
cost reports
for the facility that have been filed during the
previous three
years. In the audit report, the department shall
state its
findings and the amount of any money owed to the
department by the
intermediate care facility for the mentally
retarded. The
findings shall be subject to an adjudication
conducted in
accordance with Chapter 119. of the Revised Code.
No later than
fifteen days after the owner agrees to a
settlement, any funds
held in escrow less any amounts due to the
department shall be
released to the owner and amounts due to the
department shall be
paid to the department. If the amounts in
escrow are less than
the amounts due to the department, the
balance shall be paid to
the department within fifteen days after
the owner agrees to a
settlement. If the department does not
issue its audit report
within the ninety-day period, the
department shall release any
money held in escrow to the owner.
For the purposes of this
section, a transfer of corporate stock,
the merger of one
corporation into another, or a consolidation
does not constitute a
sale.
If an intermediate care facility for the mentally retarded
is
not sold or its participation is not terminated after notice
is
provided to the department under this division, the department
shall order any payments held in escrow released to the facility
upon receiving written notice from the owner that there will be
no
sale or termination of participation. After written notice is
received from an intermediate care facility for the mentally
retarded that a sale or termination of participation will not
take
place, the facility shall provide notice to the department
at
least forty-five days prior to entering into any contract of
sale
or terminating participation at any future time.
(I) The department of job and family services shall pay
each
eligible proprietary intermediate care facility for the mentally
retarded a return on the facility's net equity computed at the
rate of one and one-half times the average of interest rates on
special issues of public debt obligations issued to the federal
hospital insurance trust fund for the cost reporting period. No
facility's return on net equity paid under this division shall
exceed one dollar per patient day.
In calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(J)(1) Except as provided in division
(J)(2) of this
section, if a
provider leases or transfers an interest in a
facility to another provider who
is a
related party, the related
party's allowable cost of ownership
shall include the lesser of
the following:
(a) The annual lease expense or
actual cost of ownership,
whichever is applicable;
(b) The reasonable cost to the lessor
or provider making the
transfer.
(2) If a provider leases or transfers an interest in a
facility to another provider who is a related party, regardless of
the date of
the lease
or transfer, the related party's allowable
cost of ownership
shall include the annual lease expense or actual
cost of
ownership, whichever is applicable, subject to the
limitations
specified in divisions (B) to
(I) of this section, if
all of the
following conditions are met:
(a) The related party is a relative
of owner;
(b) In the case of a lease, if the lessor retains any
ownership
interest, it is, except as provided in division
(J)(2)(d)(ii) of this section, in
only the real property and any
improvements on the real
property;
(c) In the case of a transfer, the
provider making the
transfer retains, except as provided in
division (J)(2)(d)(iv) of
this
section, no ownership interest in
the facility;
(d) The department of job and family services
determines
that the lease or transfer is an arm's length
transaction
pursuant
to rules the department shall adopt in
accordance with Chapter
119. of the Revised Code no
later than
December 31, 2000. The
rules shall
provide that a lease or transfer is an arm's length
transaction if all of
the following, as applicable, apply:
(i) In the case of a lease, once the lease goes into effect,
the
lessor has no direct or indirect interest in the lessee or,
except as
provided in division (J)(2)(b) of this section, the
facility itself, including interest as an owner, officer,
director, employee,
independent contractor, or
consultant, but
excluding interest as a lessor.
(ii) In the case of a lease, the lessor does not reacquire
an
interest in the facility except through the exercise of a
lessor's rights in
the event of a default. If the lessor
reacquires an interest in the facility in this manner, the
department shall treat the facility as if the lease never occurred
when the department calculates its reimbursement rates for capital
costs.
(iii) In the case of a transfer, once the transfer goes into
effect, the provider that made the transfer has no direct or
indirect interest
in the provider that
acquires the facility or
the facility itself, including interest as an owner,
officer,
director,
employee, independent contractor, or consultant, but
excluding
interest as a creditor.
(iv) In the case of a transfer, the provider that made the
transfer does not reacquire an interest in the facility except
through the exercise of a creditor's rights in the
event of a
default. If the provider reacquires an interest in the
facility
in this manner, the department shall treat the facility
as if the
transfer never occurred when the department calculates
its
reimbursement rates for capital costs.
(v) The lease or transfer satisfies any other criteria
specified
in the rules.
(e) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
or provider making the transfer who is at least
sixty-five years
of age, not less than twenty years have elapsed since, for
the
same facility, allowable cost of ownership was determined
most
recently under this division.
Sec. 5111.262.
Costs
For costs incurred during calendar
year
2000 and thereafter, costs reported in nursing facilities'
cost
reports for purchased nursing services shall be allowable
direct
care costs up to
the following amounts:
(A) For costs incurred during calendar year 1992, twenty
per
cent of the nursing facility's direct care costs specified in
the
cost report for services provided that year by registered
nurses,
licensed practical nurses, and nurse aides who are
employees of
the facility, plus one-half of the amount by which
the reported
costs for purchased nursing services exceed that
percentage;
(B) For costs incurred during calendar year 1993, fifteen
per cent of the nursing facility's costs specified in the cost
report for services provided that year by registered nurses,
licensed practical nurses, and nurse aides who are employees of
the facility, plus one-half of the amount by which the reported
costs for purchased nursing services exceed that percentage;
(C) For costs incurred during calendar year 1994 and each
calendar year thereafter, ten
twenty per cent of the nursing
facility's
costs specified in the cost report for services
provided that
year
by registered nurses, licensed practical
nurses, and nurse
aides
who are employees of the facility, plus
one-half of the
amount by
which the reported costs for purchased
nursing services
exceed
that percentage.
Sec. 5111.28. (A) If a provider properly amends its cost
report under section 5111.27 of the Revised Code and the amended
report shows that the provider received a lower rate under the
original cost report than it was entitled to receive, the
department shall adjust the provider's rate prospectively to
reflect the corrected information. The department shall pay the
adjusted rate beginning two months after the first day of the
month after the provider files the amended cost report. If the
department finds, from an exception review of resident assessment
information conducted after the effective date of the rate for
direct care costs that is based on the assessment information,
that inaccurate assessment information resulted in the provider
receiving a lower rate than it was entitled to receive, the
department prospectively shall adjust the provider's rate
accordingly and shall make payments using the adjusted rate for
the remainder of the calendar quarter for which the assessment
information is used to determine the rate, beginning one month
after the first day of the month after the exception review is
completed.
(B) If the provider properly amends its cost report under
section 5111.27 of the Revised Code, the department makes a
finding based on an audit under that section, or the department
makes a finding based on an exception review of resident
assessment information conducted under that section after the
effective date of the rate for direct care costs that is based on
the assessment information, any of which results in a
determination that the provider has received a higher rate than
it
was entitled to receive, the department shall recalculate the
provider's rate using the revised information. The department
shall apply the recalculated rate to the periods when the
provider
received the incorrect rate to determine the amount of
the
overpayment. The provider shall refund the amount of the
overpayment.
In addition to requiring a refund under this division, the
department may charge the provider interest at the applicable
rate
specified in this division from the time the overpayment was
made.
(1) If the overpayment resulted from costs reported for
calendar year 1993, the interest shall be no greater than one and
one-half times the average bank prime rate.
(2) If the overpayment resulted from costs reported for
subsequent calendar years:
(a) The interest shall be no greater than two times the
average bank prime rate if the overpayment was equal to or less
than one per cent of the total medicaid payments to the provider
for the fiscal year for which the incorrect information was used
to establish a rate.
(b) The interest shall be no greater than two and one-half
times the
current average bank prime rate if the overpayment was
greater
than one per cent of the total medicaid payments to the
provider
for the fiscal year for which the incorrect information
was used
to establish a rate.
(3) The department shall determine the average bank prime
rate using statistical release H.15,
"selected interest rates," a
weekly publication of the federal reserve board, or any successor
publication. If statistical release H.15, or its successor,
ceases to contain the bank prime rate information or ceases to be
published, the department shall request a written statement of
the
average bank prime rate from the federal reserve bank of
Cleveland
or the federal reserve board.
(C) The department also may impose the following
penalties:
(1) If a provider does not furnish invoices or other
documentation that the department requests during an audit within
sixty days after the request, no more than the greater of one
thousand dollars per audit or twenty-five per cent of the
cumulative amount by which the costs for which documentation was
not furnished increased the total medicaid payments to the
provider during the fiscal year for which the costs were used to
establish a rate;
(2) If an
owner
fails to provide notice of
sale of
the
facility
or voluntary termination of participation in the
medical
assistance program, as
required by
section
5111.25 or 5111.251 of
the Revised
Code,
no more than
two
the current average bank prime
rate plus four per cent of the last
two
monthly
payments.
(D) If the provider continues to participate in the medical
assistance program, the department shall deduct any amount that
the provider is required to refund under this section, and the
amount of any interest charged or penalty imposed under this
section, from the next available payment from the department to
the provider. The department and the provider may enter into an
agreement under which the amount, together with interest, is
deducted in installments from payments from the department to the
provider.
(E) The department shall transmit refunds and penalties to
the treasurer of state for deposit in the general revenue fund.
(F) For the purpose of this section, the department shall
determine the average bank prime rate using statistical release
H.15,
"selected interest rates," a weekly publication of the
federal reserve board, or any successor publication. If
statistical release H.15, or its successor, ceases to contain the
bank prime rate information or ceases to be published, the
department shall request a written statement of the average bank
prime rate from the federal reserve bank of Cleveland or the
federal reserve board.
Sec. 5111.29. (A) The director of
job and family services
shall
adopt rules in accordance with Chapter 119. of the Revised
Code
that establish a process under which a nursing facility or
intermediate care facility for the mentally retarded, or a group
or association of facilities, may seek reconsideration of rates
established under sections 5111.23 to 5111.28 of the Revised
Code,
including a rate for direct care costs recalculated before
the
effective date of the rate as a result of an exception review
of
resident assessment information conducted under section
5111.27 of
the Revised Code.
(1) Except as provided in divisions (A)(2) to (4) of this
section, the only issue that a facility, group, or association
may
raise in the rate reconsideration shall be whether the rate
was
calculated in accordance with sections 5111.23 to 5111.28 of
the
Revised Code and the rules adopted under those sections. The
rules shall permit a facility, group, or association to submit
written arguments or other materials that support its position.
The rules shall specify time frames within which the facility,
group, or association and the department must act. If the
department determines, as a result of the rate reconsideration,
that the rate established for one or more facilities is less than
the rate to which it is entitled, the department
shall increase
the rate. If the department has paid the incorrect rate for a
period of time, the department shall pay the facility the
difference between the amount it was paid for that period and the
amount it should have been paid.
(2) The rules shall provide that during a fiscal year, the
department, by means of the rate reconsideration process, may
increase a facility's rate as calculated under sections 5111.23
to
5111.28 of the Revised Code if the facility demonstrates that
its
actual, allowable costs have increased because of extreme
circumstances. A facility may qualify for a rate increase only
if
its per diem, actual, allowable costs have increased to a
level
that exceeds its total rate, including any efficiency
incentive
and return on equity payment. The rules shall specify
the
circumstances that would justify a rate increase under
division
(A)(2) of this section.
The
In the case of nursing facilities, the
rules shall provide that the extreme circumstances include
increased security costs for an inner-city nursing facility and an
increase in workers'
compensation experience rating but do not
include a change of ownership that
results from bankruptcy,
foreclosure, or findings of violations of
certification
requirements by the department of health. In the
case of
intermediate care facilities for the mentally retarded,
the rules
shall provide that
the extreme circumstances include,
but are not
limited to,
renovations approved under division (D) of
section
5111.251 of
the Revised Code, an increase in workers'
compensation
experience
rating of greater than five per cent for a
facility
that has an
appropriate claims management program,
increased
security costs
for an inner-city facility, and a change
of
ownership
that
results from bankruptcy, foreclosure,
or findings
of violations
of certification requirements by the
department of
health. An
increase under division (A)(2) of this
section is
subject to any
rate limitations or maximum rates
established by
sections 5111.23
to 5111.28 of the Revised Code for
specific cost
centers. Any
rate increase granted under division
(A)(2) of this
section shall
take effect on the first day of the
first month
after the
department receives the request.
(3) The rules shall provide that the department, through
the
rate reconsideration process, may increase a facility's rate
as
calculated under sections 5111.23 to 5111.28 of the Revised
Code
if the department, in its sole discretion, determines that
the
rate as calculated under those sections works an extreme
hardship
on the facility.
(4) The rules shall provide that when beds certified for
the
medical assistance program are added to an existing facility,
replaced at the same site, or subject to a change of
ownership or
lease, the department, through the rate reconsideration
process,
shall increase the facility's rate for capital costs
proportionately, as limited by any applicable limitation under
section 5111.25 or 5111.251 of the Revised Code, to account for
the costs of the beds that are added, replaced, or subject to a
change of
ownership or lease. The department shall make
this
increase one month after the first day of the month after the
department receives sufficient documentation of the costs.
Any
rate increase granted under division (A)(4) of
this section after
June 30, 1993, shall remain in effect
until the effective date of
a rate calculated under section
5111.25 or 5111.251 of the Revised
Code that includes costs incurred for a full
calendar year for the
bed addition, bed replacement, or change of
ownership or lease.
The facility shall report double
accumulated
depreciation in an
amount equal to the depreciation included in
the rate adjustment
on its cost report for the first year of
operation. During the
term of any
loan used to finance a project
for
which a rate
adjustment is granted under division
(A)(4) of
this section, if
the
facility is operated by the same provider,
the facility shall
subtract from the interest costs it reports on
its cost report
an
amount equal to the difference between the
following:
(a) The actual, allowable interest
costs for the loan during
the calendar year for which the costs
are being reported;
(b) The actual, allowable interest
costs attributable to the
loan that were used to calculate the
rates paid to the facility
during the same calendar year.
(5) The department's decision at the conclusion of the
reconsideration process shall not be subject to any
administrative
proceedings under Chapter 119. or any other
provision of the
Revised Code.
(B) Any audit disallowance that the department makes as
the
result of an audit under section 5111.27 of the Revised Code,
any
adverse finding that results from an exception review of
resident
assessment information conducted under that section
after the
effective date of the facility's rate that is based on
the
assessment information, and any penalty the department
imposes
under division (C) of section 5111.28 of the Revised Code
shall be
subject to an adjudication conducted in accordance with
Chapter
119. of the Revised Code.
Sec. 5111.63. (A) As used in this section and in section
5111.64 of the Revised Code:
(1)
"Facility" means a facility, or part of a facility,
certified as a nursing facility or skilled nursing facility under
Title XVIII or Title XIX of the
"Social Security Act," 49 Stat.
286 (1965), 42 U.S.C. 1395 and 1396, as amended.
"Facility" does
not include an intermediate care facility for the mentally
retarded, as defined in section 5111.20 of the Revised Code.
(2)
"Transfer or discharge" means the movement of resident
to a bed outside of the facility in which the resident resides,
regardless of whether the bed is in the same physical plant.
"Transfer or discharge" does not include the movement of a
resident to a different bed in the same facility.
(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(4)
"Resident" means a resident of a facility who is one of
the following:
(a) A recipient of medicaid under section 5111.01 of the
Revised Code;
(b) A beneficiary under Title XVIII of the
"Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
(B) The administrator of a facility may transfer or
discharge a resident from the facility only under the following
circumstances:
(1) The welfare and needs of the resident cannot be met in
the facility;
(2) The resident's health has improved sufficiently so that
the resident no longer needs the services provided by the
facility;
(3) The safety of individuals in the facility is
endangered;
(4) The health of individuals in the facility would
otherwise be endangered;
(5) The resident has failed, after reasonable and
appropriate notice, to pay for a stay at the facility, regardless
of the method of payment;
(6) The facility ceases to operate;
(7) The reason specified in division (C)(1) or (2) of
section 3721.16 of the Revised Code.
In the case of a transfer or discharge described in division
(B)(1), (2), (3), (4), or (5) of this section, the transfer or
discharge shall be documented in the resident's medical record.
In
the case of a transfer or discharge described in division
(B)(1)
or (2) of this section, the documentation shall be made by
the
resident's physician. In the case of a transfer or discharge
described in division (B)(4) of this section, the documentation
shall be made by a physician. In the case of a transfer or
discharge described in division (B)(5) of this section of a
resident who becomes eligible for the medicaid program after
admission to the facility, the facility may assess a resident only
those charges that are allowed under the medicaid program.
(C) The administrator of a facility proposing to transfer
or discharge a resident as described in division (B) of this
section shall notify in writing the resident and the resident's
sponsor or legal representative of the proposed transfer or
discharge. The notice shall be made in accordance with 42 C.F.R.
483.12, as amended. On the date notice is provided to a resident,
the administrator shall forward a copy of the notice to the legal
services office of the department of job and family services.
Not later than ninety days after the date a resident
receives notice of a proposed transfer or discharge, the resident
may request a hearing before the department of job and family
services under the hearing procedure described in section 5111.64
of the Revised Code. A facility shall permit a resident who
requests a hearing not later than ten days after the date the
resident receives the notice to remain in the facility pending the
order of the hearing officer.
Sec. 5111.64. (A) The department of job and family
services shall establish and administer a hearing procedure for a
resident of a facility to appeal a proposed transfer or discharge
from a facility. The department may contract with the department
of health to establish and administer the hearing procedure. If
the department of job and family services contracts with the
department of health, the department of health shall have the same
authority under this section as the department of job and family
services.
(B) The hearing procedure shall provide for all of the
following:
(1) The hearing to be conducted by a hearing officer who
shall be an employee of the department of job and family services
or a hearing examiner who is under contract with the department;
(2) The hearing to be tape-recorded;
(3) The hearing officer to issue an order based on the
facts presented at the hearing not later than ninety days after
receipt of the request for hearing;
(4) Notice of the contents of the order to be provided to
the resident and the administrator of the facility.
(C) The order of a hearing officer described in division
(B) of this section is final and not subject to appeal.
(D) If the department of job and family services finds that
a facility is in violation of an order of a hearing officer, the
department may apply to the court of common pleas of Franklin
county or the county in which a facility is located for an order
enjoining the violation or other appropriate relief to prohibit
the violation. If the court finds that the facility is in
violation of the order, the court shall grant an injunction,
restraining order, or other appropriate relief. The court may
award payment of reasonable attorney's fees by the facility.
(E) The department of job and family services may adopt
rules in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5111.85. (A) As used in this section,
"medicaid
waiver component" means a component of the medicaid program
authorized by a waiver granted by the United States department of
health and human services under section 1115 or 1915 of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or
1396n.
"Medicaid waiver component" does not include a managed
care
system established under section 5111.17 of the Revised Code.
(B) The director of job and family services may adopt
rules under Chapter 119. of the Revised Code governing medicaid
waiver components that establish all of the following:
(1) Eligibility requirements for the medicaid waiver
components;
(2) The type, amount, duration, and scope of services the
medicaid waiver components provide;
(3) The conditions under which the medicaid waiver
components cover services;
(4) The amount the medicaid waiver components pay for
services or the method by which the amount is determined;
(5) The manner in which the medicaid waiver components pay
for services;
(6) Safeguards for the health and welfare of medicaid
recipients receiving services under a medicaid waiver component;
(7) Procedures for enforcing the rules, including
establishing corrective action plans for, and imposing financial
and administrative sanctions on, persons and government entities
that violate the rules. The procedures shall include due process
protections.
(8) Other policies necessary for the efficient
administration of the medicaid waiver components.
(C) The director of job and family services may adopt
different rules for the different medicaid waiver components. The
rules shall be consistent with the terms of the waiver authorizing
the medicaid waiver component.
(D) The director of job and family services may conduct
reviews of the medicaid waiver components. The reviews may
include physical inspections of records and sites where services
are provided under the medicaid waiver components and interviews
of providers and recipients of the services. If the director
determines pursuant to a review that a person or government entity
has violated a rule governing a medicaid waiver component, the
director may do the following:
(1) If the violator is a county family services agency,
take action under section 5101.24 of the Revised Code;
(2) If the violator is not a county family services agency,
establish a corrective action plan for the violator and impose
fiscal, administrative, or both types of sanctions on the violator
in accordance with rules adopted under division (B) of this
section.
Sec. 5111.86. The department of job and family services may
enter into interagency agreements with one or more other state
agencies to have the state agency administer one or more
components of the medicaid program, or one or more aspects of a
component, under the department's supervision. A state agency
that enters into such an interagency agreement shall comply with
any rules the director of job and family services has adopted
governing the component, or aspect of the component, that the
state agency is to administer, including any rules establishing
review, audit, and corrective action plan requirements.
A state agency that enters into an interagency agreement with
the department under this section shall reimburse the department
for the nonfederal share of the cost to the department of
performing, or contracting for the performance of, a fiscal audit
of the component of the medicaid program, or aspect of the
component, that the state agency administers if rules governing
the component, or aspect of the component, require that a fiscal
audit be conducted.
There is hereby created in the state treasury the medicaid
administrative reimbursement fund. The department shall use money
in the fund to pay for the nonfederal share of the cost of a
fiscal audit for which a state agency is required by this section
to reimburse the department. The department shall deposit the
reimbursements into the fund.
Sec. 5111.87. As used in this section and section 5111.871
of
the Revised Code, "intermediate care facility for the mentally
retarded" has the same meaning as in section 5111.20 of the
Revised Code.
The director of job and family services may apply to the
United States secretary of health and human services for one or
more medicaid waivers under which home or community-based services
are provided to individuals with mental retardation or other
developmental disability as an alternative to placement in an
intermediate care facility for the mentally retarded.
Sec. 5111.87
5111.871. The department of job and family
services
shall enter
into an interagency agreement with the
department of
mental
retardation and developmental disabilities
under section
5111.86 of the Revised Code with regard to the
component of the
medicaid
program established by the department of
job and family
services under
a
waiver
one or more waivers from
the United States secretary of health
and human services pursuant
to section 1915 of the
"Social
Security Act,"
49 Stat. 620 (1935),
42 U.S.C.A. 1396n, as amended,
to provide
eligible
medical
assistance
medicaid recipients with
home or
community-based
services as an alternative to placement in
an
intermediate care
facility for the mentally retarded
as defined
in section 5111.20
of the Revised Code. The agreement shall
provide for the
department of mental retardation and
developmental
disabilities to
administer the
program
component in
accordance
with the terms of
the waiver. The
departments
directors of job
and family services
and mental retardation and developmental
disabilities shall
adopt
rules in accordance with Chapter 119. of
the Revised Code
governing the
program
component.
If the department of mental retardation and developmental
disabilities or the department of job and family services denies
an individual's application for home or community-based services
provided under this medicaid component, the department that made
the denial shall timely notify the individual that the individual
may request a hearing under section 5101.35 of the Revised Code.
The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for home
or community-based services provided under this medicaid
component. The departments shall consider the recommendations a
county board of mental retardation and developmental disabilities
makes under division (A)(1)(c) of section 5126.055 of the Revised
Code. If either department reduces, denies, or terminates a
service, that department shall timely notify the medicaid
recipient that the recipient may request a hearing under section
5101.35 of the Revised Code.
Sec. 5111.872. When the department of mental retardation and
developmental disabilities allocates enrollment numbers to a
county board of mental retardation and developmental disabilities
for home or community-based services provided under the component
of the medicaid program that the department administers under
section 5111.871 of the Revised Code, the department shall
consider all of the following:
(A) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services;
(B) The implementation component required by division
(A)(3) of section 5126.054 of the Revised Code of the county
board's plan approved under section 5123.046 of the Revised Code;
(C) Anything else the department considers appropriate.
Sec. 5111.873. (A) Not later than the effective date of the
first of any medicaid waivers the United States secretary of
health and human services grants pursuant to a request made under
section 5111.87 of the Revised Code, the director of job and
family services shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing statewide fee schedules for home
or community-based services provided under the component of the
medicaid program that the department of mental retardation and
developmental disabilities administers under section 5111.871 of
the Revised Code. The rules shall provide for all of the
following:
(1) The department of mental retardation and developmental
disabilities arranging for the initial and ongoing collection of
cost information from a comprehensive, statistically valid sample
of persons and government entities providing the services at the
time the information is obtained;
(2) The collection of consumer-specific information through
an assessment instrument the department of mental retardation and
developmental disabilities shall develop;
(3) With the information collected pursuant to divisions
(A)(1) and (2) of this section, an analysis of that information,
and other information the director determines relevant, methods
and standards for calculating the fee schedules that do all of the
following:
(a) Assure that the fees are consistent with
efficiency, economy, and quality of care;
(b) Consider the intensity of consumer resource need;
(c) Recognize variations in different geographic areas
regarding the resources necessary to assure the health and welfare
of consumers;
(d) Recognize variations in environmental supports available
to consumers.
(B) As part of the process of adopting rules under this
section, the director shall consult with the director of mental
retardation and developmental disabilities, representatives of
county boards of mental retardation and developmental
disabilities, persons who provide the home or community-based
services, and other persons and government entities the director
identifies.
(C) The directors of job and family services and mental
retardation and developmental disabilities shall review the rules
adopted under this section at times they determine to ensure that
the methods and standards established by the rules for calculating
the fee schedules continue to do everything that division (A)(3)
of this section requires.
Sec. 5119.01. The director of mental health is the chief
executive and administrative officer of the department of mental
health. The director may establish procedures for the governance
of the department, conduct of its employees and officers,
performance of its business, and custody, use, and preservation
of
departmental records, papers, books, documents, and property.
Whenever the Revised Code imposes a duty upon or requires an
action of the department or any of its institutions, the director
shall perform the action or duty in the name of the department,
except that the medical director appointed pursuant to section
5119.07 of the Revised Code shall be responsible for decisions
relating to medical diagnosis, treatment, rehabilitation, quality
assurance, and the clinical aspects of the following: licensure
of hospitals and residential facilities, research, community
mental health plans, and delivery of mental health services.
(A) Adopt rules for the proper execution of the powers and
duties of the department with respect to the institutions under
its control, and require the performance of additional duties by
the officers of the institutions as necessary to fully meet the
requirements, intents, and purposes of this chapter. In case of
an apparent conflict between the powers conferred upon any
managing officer and those conferred by such sections upon the
department, the presumption shall be conclusive in favor of the
department.
(B) Adopt rules for the nonpartisan management of the
institutions under the department's control. An officer or
employee
of the
department or any officer or employee of any
institution under
its control who, by solicitation or otherwise,
exerts
influence directly or indirectly to induce any other
officer or
employee of the department or any of its institutions
to adopt
the exerting officer's or employee's political views or
to favor any
particular person, issue, or
candidate for office
shall be removed from the exerting officer's or
employee's office
or
position, by the department in case of an officer or employee,
and by the governor in case of the director.
(C) Appoint such employees, including the medical
director,
as are necessary for the efficient conduct of the
department, and
prescribe their titles and duties;
(D) Prescribe the forms of affidavits, applications,
medical
certificates, orders of hospitalization and release, and
all other
forms, reports, and records that are required in the
hospitalization or admission and release of all persons to the
institutions under the control of the department, or are
otherwise
required under this chapter or Chapter 5122. of the
Revised Code;
(E) Contract with hospitals licensed by the department
under
section 5119.20 of the Revised Code for the care and
treatment of
mentally ill patients, or with persons,
organizations, or agencies
for the custody, supervision, care, or
treatment of mentally ill
persons receiving services elsewhere
than within the enclosure of
a hospital operated under section
5119.02 of the Revised Code;
(F) Exercise the powers and perform the duties relating to
community mental health facilities and services that are assigned
to the director under this chapter and Chapter 340. of the Revised
Code;
(G) Adopt rules under Chapter 119. of the Revised Code for
the establishment of minimum standards, including standards for
use of seclusion and restraint, of mental health services that
are
not inconsistent with nationally recognized applicable
standards
and that facilitate participation in federal assistance
programs;.
For purposes of certifying a community mental health program,
agency, or facility under division (M) of section 5119.61 of the
Revised Code and conducting reviews, evaluations, and audits under
division (A)(3) of section 340.03 of the Revised Code, the rules
shall establish minimum standards that the program, agency, or
facility must meet in the prevention of inappropriate service
delivery. Initial rules regarding the prevention of inappropriate
service delivery shall be adopted not later than ninety days after
the effective date of this amendment.
(H) Develop and implement clinical evaluation and
monitoring
of services that are operated by the department;
(I) At the director's discretion, adopt rules establishing
standards
for the adequacy of services provided by community
mental health
facilities, and certify the compliance of such
facilities
with
the standards for the purpose of authorizing their
participation
in the health care plans of health insuring
corporations
under
Chapter 1751. and
sickness and accident
insurance policies issued under Chapter
3923. of the Revised Code;
(J) Adopt rules establishing standards for the performance
of evaluations by a forensic center or other psychiatric program
or facility of the mental condition of defendants ordered by the
court under section 2919.271, or 2945.371 of
the Revised Code, and
for the treatment of defendants who have
been found incompetent to
stand trial and ordered by the court
under section 2945.38,
2945.39, 2945.401, or 2945.402 of the Revised Code to
receive
treatment in facilities;
(K) On behalf of the department, have the authority and
responsibility for entering into contracts and other agreements;
(L) Prepare and publish regularly a state mental health
plan
that describes the department's philosophy, current
activities,
and long-term and short-term goals and activities;
(M) Adopt rules in accordance with Chapter 119. of the
Revised Code specifying the supplemental services that may be
provided through a trust authorized by section 1339.51 of the
Revised Code;
(N) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing standards for the maintenance and
distribution to a beneficiary of assets of a trust authorized by
section 1339.51 of the Revised Code;
(O) As used in division (I) of this section:
(1)
"Community mental health facility" means a facility
that
provides community mental health services and is included
in the
community mental health plan for the alcohol, drug
addiction, and
mental health service district in which it is
located.
(2)
"Community mental health service" means services,
other
than inpatient services, provided by a community mental
health
facility.
Sec. 5119.06. (A) The department of mental health shall:
(1) Establish and support a program at the state level to
promote a community support system in accordance with section
340.03 of the Revised Code to be available for every alcohol,
drug
addiction, and mental health service district. The
department
shall define the essential elements of a community
support system,
shall assist in identifying resources and
coordinating the
planning, evaluation, and delivery of services
to facilitate the
access of mentally ill people to public
services at federal,
state, and local levels, and shall operate
inpatient and other
mental health services pursuant to the
approved community mental
health plan.
(2) Provide training, consultation, and technical
assistance
regarding mental health programs and services and
appropriate
prevention and mental health promotion activities,
including those
that are culturally sensitive, to employees of
the department,
community mental health agencies and boards, and
other agencies
providing mental health services;
(3) Promote and support a full range of mental health
services that are available and accessible to all residents of
this state, especially for severely mentally disabled children,
adolescents, and adults, and other special target populations,
including racial and ethnic minorities, as determined by the
department.
(4) Design and set criteria for the determination of
severe
mental disability;
(5) Establish
criteria standards for evaluation of mental
health programs;
(6) Promote, direct, conduct, and coordinate scientific
research, taking ethnic and racial differences into consideration
concerning the causes and prevention of mental illness, methods
of
providing effective services and treatment, and means of
enhancing
the mental health of all residents of this state;
(7) Foster the establishment and availability of
vocational
rehabilitation services and the creation of employment
opportunities for consumers of mental health services, including
members of racial and ethnic minorities;
(8) Establish a program to protect and promote the rights,
health, and safety
of
persons receiving mental health services,
including the
issuance
of guidelines on informed consent and other
rights;
(9) Establish, in consultation with board of alcohol, drug
addiction, and mental health services representatives and after
consideration of the recommendations of the medical director,
guidelines for the development of community mental health plans
and the review and approval or disapproval of such plans
submitted
pursuant to section 340.03 of the Revised Code;
(10) Promote the involvement of persons who are receiving
or
have received mental health services, including families and
other
persons having a close relationship to a person receiving
mental
health services, in the planning, evaluation, delivery,
and
operation of mental health services.
(11) Notify and consult with the relevant constituencies
that may be affected by rules, standards, and guidelines issued
by
the department of mental health. These constituencies shall
include consumers of mental health services and their families,
and may include public and private providers, employee
organizations, and others when appropriate. Whenever the
department proposes the adoption, amendment, or rescission of
rules under Chapter 119. of the Revised Code, the notification
and
consultation required by this division shall occur prior to
the
commencement of proceedings under Chapter 119. The
department
shall adopt rules under Chapter 119. of the Revised
Code that
establish procedures for the notification and
consultation
required by this division.
(12) In cooperation with board of alcohol, drug addiction,
and mental health services representatives, provide training
regarding the provision of community-based mental health services
to those department employees who are utilized in state-operated,
community-based mental health services;
(13) Provide
oversight and consultation to the department of
rehabilitation
and correction
for
concerning the delivery of
mental health services in state
correctional institutions;
(14) Audit mental health programs in state correctional
institutions
operated by the department of rehabilitation and
correction for compliance
with
standards that have been jointly
developed and promulgated by the department
of
mental health and
the department of rehabilitation and correction. The
standards
shall include monitoring mechanisms to provide for quality of
services in these programs.
(B) The department of mental health may negotiate and enter
into agreements
with other
agencies and institutions, both public
and private, for the joint
performance of its duties.
(C) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code as it considers necessary to
administer the program established under division (A)(8) of this
section. Initial rules regarding the health and safety of persons
receiving mental health services shall be adopted not later than
ninety days after the effective date of this amendment.
Sec. 5119.61. Any provision in this chapter that refers to
a
board of alcohol, drug addiction, and mental health services
also
refers to the community mental health board in an alcohol,
drug
addiction, and mental health service district that has a
community
mental health board.
The director of mental health with respect to all
facilities
and programs established and operated under Chapter
340. of the
Revised Code for mentally ill and emotionally
disturbed persons,
shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the
Revised Code
that may be necessary to carry out the purposes of
Chapter 340.
and sections 5119.61 to 5119.63 of the Revised
Code.
(1) The rules shall include all of the following:
(a) Rules governing a community mental health agency's
services
under section 340.091 of the Revised Code to an
individual referred to the agency under division (C)(2) of section
173.35 of the Revised Code;
(b) For the purpose of division (A)(14) of section
340.03
of
the Revised Code, rules
governing the duties of mental
health
agencies and boards of alcohol, drug addiction, and mental health
services under section 3722.18
of the
Revised Code regarding
referrals of individuals with mental
illness or severe mental
disability to adult care facilities and effective
arrangements for
ongoing mental health services for the individuals. The
rules
shall do at least the following:
(i) Provide for agencies and boards to participate fully in
the
procedures owners and managers of adult care facilities must
follow under
division (A)(2) of section 3722.18 of the Revised
Code;
(ii) Specify the manner in which boards are accountable for
ensuring that ongoing mental health services are effectively
arranged for
individuals with mental illness or severe mental
disability who are referred
by the board or mental health agency
under contract with the board to an adult
care facility.
(c) Rules governing a board of alcohol, drug addiction, and
mental health services when making a report to the director of
health under
section 3722.17 of the
Revised Code regarding the
quality of care and services
provided by an adult care facility to
a person with mental illness or a
severe mental disability.
(2) Rules may be adopted to govern the method of paying a
community
mental health facility described in division (B) of
section 5111.022
of the Revised Code for providing services
established by division (A) of that
section. Such rules must be
consistent with the contract entered into
between the departments
of human
job and family services and mental health under division
(E) of that section.
(B) Adopt rules requiring each public or private agency
providing mental health services or facilities under a contract
with a board of alcohol, drug addiction, and mental health
services and any program operated by such a board to have a
written policy that addresses the rights of clients including all
of the
following:
(1) The right to a copy of the agency's policy of client
rights;
(2) The right at all times to be treated with
consideration
and respect for the client's privacy and
dignity;
(3) The right to have access to the client's own
psychiatric, medical, or other treatment records unless access is
specifically
restricted in the client's treatment plan for clear
treatment
reasons;
(4) The right to have a client rights officer provided by
the board or agency advise the client of the
client's rights,
including the client's rights under
Chapter 5122. of the Revised
Code if the client is committed
to the board or agency.
(C) Require each board of alcohol, drug addiction, and
mental health services to ensure that each contract agency
establishes grievance procedures available to all recipients of
services or applicants for services;
(D) Define minimum standards for qualifications of
personnel, professional services, and mental health
professionals
as defined in section 340.02 of the
Revised Code;
(E) Review and evaluate, and, taking into account the
findings and recommendations of the board of alcohol, drug
addiction, and mental health services of the district served by
the program and the requirements and priorities of the state
mental health plan, including the needs of residents of the
district now residing in state mental institutions, approve and
allocate funds to support community programs, and make
recommendations for needed improvements to boards of alcohol,
drug
addiction, and mental health services;
(F) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61 or 5119.62 of the
Revised Code or rules of the department of mental health. The
director shall identify the areas of noncompliance and the action
necessary to achieve compliance. The director shall offer
technical assistance to the board to achieve compliance. The
director shall give the board a reasonable time within which to
comply or to present its position that it is in compliance.
Before
withholding funds, a hearing shall be conducted to
determine if
there are continuing violations and that either
assistance is
rejected or the board is unable to achieve
compliance. Subsequent
to the hearing process, if it is
determined that compliance has
not been achieved, the director
may allocate all or part of the
withheld funds to a public or
private agency to provide the
services not in compliance until
the time that there is
compliance. The director shall establish
rules pursuant to
Chapter 119. of the Revised Code to implement
this division.
(G) Withhold state or federal funds from a board of
alcohol,
drug addiction, and mental health services that denies
available
service on the basis of religion, race, color, creed,
sex,
national origin, age, disability as defined in section 4112.01 of
the
Revised Code, developmental disability, or the inability to
pay;
(H) Provide consultative services to community mental
health
programs with the knowledge and cooperation of the board
of
alcohol, drug addiction, and mental health services;
(I) Provide to boards of alcohol, drug addiction, and
mental
health services state or federal funds, in addition to
those
allocated under section 5119.62 of the Revised Code, for
special
programs or projects the director considers necessary
but for
which local funds are not available;
(J)(1) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan, including services
described in division (A) of section 5111.022 of the Revised Code
that are provided by community health facilities described in
division (B) of that section. The criteria established for a
board's use in reviewing and evaluating the services provided
through its plan shall include consideration of whether the
providers of mental health services have prevented inappropriate
service delivery. Initial criteria regarding the prevention of
inappropriate service delivery shall be established not later than
ninety days after the effective date of this amendment.
The
(2) The department shall
assess a board's
review and
evaluation of services and the compliance of
each board with this
section, Chapter 340. or section 5119.62 of
the Revised Code, and
other state or federal law and regulations.
The
(3) The department, in cooperation with the board,
periodically shall
review and evaluate the quality, effectiveness,
and efficiency of
services provided through each board.
The
(4) The department shall
collect information that is
necessary to perform
these
the functions
specified in divisions
(J)(1) to (3) of this spection.
(K) Develop and operate a community mental health
information system.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected
by
the department shall include, but not be limited to, all of the
following:
(1) Information regarding units of services provided in
whole or in part under contract with a board, including diagnosis
and special needs, demographic information, the number of units
of
service provided, past treatment, financial status, and
service
dates in accordance with rules adopted by the department
in
accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or
price-related
data regarding expenditures of boards and community
mental health
agencies, including units of service provided,
budgeted and actual
expenses by type, and sources of funds.
Boards shall submit the information specified in division
(K)(1) of this section no less frequently than annually for each
client, and each time the client's case is opened or closed. The
department shall not collect any information for the purpose of
identifying by name any person who receives a service through a
board of alcohol, drug addiction, and mental health services,
except as required by state or federal law to validate
appropriate
reimbursement. For the purposes of division (K)(1)
of this
section, the department shall use an identification
system that is
consistent with applicable nationally recognized
standards.
(L) Review each board's plan submitted pursuant to section
340.03 of the Revised Code and approve or disapprove it in whole
or in part. Periodically, in consultation with representatives
of
boards and after considering the recommendations of the
medical
director, the director shall issue criteria for
determining when a
plan is complete, criteria for plan approval
or disapproval, and
provisions for conditional approval. The
factors that the
director considers may include, but are not
limited to, the
following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency,
and
cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, the
director shall provide the board an opportunity to present its
position.
The director shall inform the board of the reasons for
the
disapproval and of the criteria that must be met before the
plan
may be approved. The director shall give the board a
reasonable
time within which to meet the criteria, and shall offer
technical
assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
(M) Visit and evaluate any community mental health
program,
agency, or facility, in cooperation with a board of
alcohol, drug
addiction, and mental health services, to determine
if the
services meet minimum standards pursuant to division (G)
of
section 5119.01 of the Revised Code. If the director
determines
that the services meet minimum standards, the
director shall so
certify.
If the director determines that the services of any
program,
agency, or facility that has a contract with a board do
not meet
minimum standards, the director shall identify the
areas of
noncompliance, specify what action is necessary to meet the
standards, and offer technical assistance to the board so that it
may assist the program, agency, or facility to meet minimum
standards. The director shall give the board a reasonable time
within which to demonstrate that the services meet minimum
standards or to bring the program or facility into compliance
with
the standards. If the director concludes that the services
continue to fail to meet minimum standards, the director may
request that the board reallocate the funds for those services to
another program, agency, or facility which meets minimum
standards. If the board does not reallocate those funds in a
reasonable period of time, the director may withhold state and
federal funds for the services and allocate those funds directly
to a public or private agency that meets minimum standards.
Each program, agency, and facility shall pay a fee for the
certification review required by this division. Fees shall be
paid into the sale of goods and services fund created pursuant to
section 5119.161 of the Revised Code.
The director shall adopt
(N)(1) Adopt rules under Chapter
119. of the
Revised Code to implement
this division
(M) of this
section. The rules shall do all
of the following:
(1)(a) Establish the process for certification of services
of
programs, agencies, or facilities;
(2)(b) Set the amount of certification review fees based on
a
portion of the cost of performing the review;
(3)(c) Specify the type of notice and hearing to be provided
prior to a decision whether to reallocate funds.
(2) For the purpose of increasing the cost-effectiveness of
community mental health services, the department of mental
health,
not later than ninety days after
the effective date of this
amendment, shall reduce the certification requirements established
in
the rules adopted under division (N)(1) of this section.
Sec. 5120.10. (A)(1) The director of rehabilitation and
correction, by rule, shall promulgate minimum standards for jails
in Ohio, including minimum security jails dedicated
under section
341.34 or 753.21 of the Revised Code. Whenever the
director files
a rule or an amendment to a rule in final form
with both the
secretary of state and the director of the
legislative service
commission pursuant to section 111.15 of the
Revised Code, the
director of rehabilitation and correction
promptly shall send a
copy of the rule or
amendment, if the rule or amendment pertains
to minimum jail
standards, by ordinary mail to the political
subdivisions or affiliations of
political subdivisions that
operate jails to which the standards apply.
(2) The rules promulgated in accordance with division
(A)(1)
of this section shall serve as criteria for the
investigative and
supervisory powers and duties vested by
division (D) of this
section in the division of parole and
community services of the
department of rehabilitation and
correction or in another division
of the department to which
those powers and duties are assigned.
(B) The director may initiate an action in the court of
common pleas of the county in which a facility that is subject
to
the rules promulgated under division (A)(1) of this
section is
situated to enjoin compliance
with the minimum standards for jails
or with the minimum
standards and minimum renovation,
modification, and construction
criteria for minimum security
jails.
(C) Upon the request of an administrator of a jail
facility,
the chief executive of a municipal corporation, or a
board of
county commissioners, the director of rehabilitation and
correction or the director's designee shall grant a variance
from
the minimum standards for jails in Ohio for a facility that is
subject to one of those minimum standards when the
director
determines that strict compliance with the minimum standards
would
cause unusual, practical difficulties or financial
hardship, that
existing or alternative practices meet the intent
of the minimum
standards, and that granting a variance would not
seriously affect
the security of the facility, the supervision of
the inmates, or
the safe, healthful operation of the facility. If the
director or
the director's designee denies a variance, the applicant
may
appeal the denial pursuant to section 119.12 of the Revised
Code.
(D) The following powers and duties shall be exercised by
the division of parole and community services unless assigned to
another division by the director:
(1) The investigation and supervision of county and
municipal jails, workhouses, minimum security jails,
and other
correctional institutions and agencies;
(2)
The review and approval of plans submitted to the
department of rehabilitation and correction pursuant to division
(E) of this section;
(3) The management and supervision of the adult parole
authority created by section 5149.02 of the Revised Code;
(3)(4) The review and approval of proposals for
community-based correctional
facilities and programs and district
community-based correctional facilities
and programs that are
submitted pursuant to division (B) of section 2301.51 of
the
Revised Code;
(4)(5) The distribution of funds made available to the
division for purposes of
assisting in the renovation, maintenance,
and operation of community-based
correctional facilities and
programs and district community-based correctional
facilities and
programs in accordance with section 5120.112 of the Revised
Code;
(5)(6) The performance of the duty imposed upon the
department of rehabilitation
and correction in section 5149.31 of
the Revised Code to establish and
administer a program of
subsidies to eligible municipal corporations, counties,
and groups
of contiguous counties for the development, implementation, and
operation of community-based corrections programs;
(6)(7) Licensing halfway houses and community residential
centers for the care
and treatment of adult offenders in
accordance with section 2967.14 of the
Revised Code;
(7)(8) Contracting with a public or private agency or a
department or political
subdivision of the state that operates a
licensed halfway house or community
residential center for the
provision of housing, supervision, and other
services to parolees
and probationers in accordance with section 2967.14 of
the Revised
Code.
Other powers and duties may be assigned by the director of
rehabilitation and correction to the division of parole and
community services. This section does not apply to the
department
of youth services or its institutions or employees.
(E) No plan for any new jail, workhouse, or lockup, or plan
for a substantial addition or alteration to an existing jail,
workhouse, or lockup, shall be adopted unless the officials
responsible for adopting the plan have submitted it to the
department of rehabilitation and correction for approval and the
department has approved the plan as provided in division (D)(2) of
this section.
Sec. 5122.31. All certificates, applications, records, and
reports made for the purpose of this chapter and sections
2945.38,
2945.39, 2945.40, 2945.401, and
2945.402 of the Revised Code,
other than
court journal entries or court docket entries, and
directly or
indirectly identifying a patient or former patient or
person
whose hospitalization has been sought under this chapter,
shall
be kept confidential and shall not be disclosed by any
person
except:
(A) If the person identified, or the person's legal
guardian, if any, or if the person is a minor,
the person's parent
or legal guardian, consents, and if the
disclosure
is in the best
interests of the person, as may be determined by the court for
judicial records and by the chief clinical officer for medical
records;
(B) When disclosure is provided for in this chapter or
section 5123.60 of the Revised Code;
(C) That hospitals may release necessary medical
information
to insurers to obtain payment for goods and services
furnished to
the patient;
(D) Pursuant to a court order signed by a judge;
(E) That a patient shall be granted access to the patient's
own psychiatric and medical records, unless access specifically
is
restricted in a patient's treatment plan for clear treatment
reasons;
(F) That hospitals and other institutions and facilities
within the department of mental health may exchange psychiatric
records and other pertinent information with other hospitals,
institutions, and facilities of the department, and with
community
mental health agencies and boards of alcohol, drug
addiction, and
mental health services with which the department
has a current
agreement for patient care or services. Records
and information
that may be released pursuant to this division
shall be limited to
medication history, physical health status
and history, financial
status, summary of course of treatment in
the hospital, summary of
treatment needs, and a discharge
summary, if any.
(G) That a patient's family member who is involved in the
provision, planning, and monitoring of services to the patient
may
receive medication information, a summary of the patient's
diagnosis and prognosis, and a list of the services and personnel
available to assist the patient and the patient's family, if
the
patient's
treating physician determines that the disclosure would
be
in
the best interests of the patient. No such disclosure shall
be
made unless the patient is notified first and receives the
information and does not object to the disclosure.
(H) That community mental health agencies may exchange
psychiatric records and certain other information with the board
of alcohol, drug addiction, and mental health services and other
agencies in order to provide services to a person involuntarily
committed to a board. Release of records under this division
shall be limited to medication history, physical health status
and
history, financial status, summary of course of treatment,
summary
of treatment needs, and discharge summary, if any.
(I) That information may be disclosed to the executor or
the
administrator of an estate of a deceased patient when
the
information is necessary to administer the estate;
(J) That records in the possession of the Ohio historical
society may be released to the closest living relative of a
deceased patient upon request of that relative;
(K) That information may be disclosed to staff members of
the appropriate board or to staff members designated by the
director of mental health for the purpose of evaluating the
quality, effectiveness, and efficiency of services and
determining
if the services meet minimum standards. Information
obtained
during such evaluations shall not be retained with the
name of any
patient.
(L) That records pertaining to the patient's diagnosis,
course of treatment, treatment needs, and prognosis shall be
disclosed and released to the appropriate prosecuting attorney if
the patient was committed pursuant to section 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the Revised Code, or to the
attorney designated by
the board for proceedings pursuant to
involuntary commitment under this chapter.
(M) That the department of mental health may exchange
psychiatric
hospitalization records, other mental health treatment
records, and other
pertinent information with the department of
rehabilitation and
correction to ensure continuity of care for
inmates who are
receiving mental health services in an institution
of the
department of rehabilitation and correction. The
department
shall not disclose those records unless the inmate is
notified,
receives the information, and does not object to the
disclosure. The release
of records under this division is limited
to records
regarding an inmate's medication history, physical
health
status and history, summary of course of treatment, summary
of
treatment needs, and a discharge summary, if any.
(N)
That a community mental health agency that ceases to
operate may transfer to either a community mental health agency
that assumes its caseload or to the board of alcohol, drug
addiction, and mental health services of the service district in
which the patient resided at the time services were most
recently
provided any treatment records that have not been transferred
elsewhere at the patient's request.
(O) Before records are disclosed pursuant to divisions (C),
(F), and (H) of this section, the custodian of the records shall
attempt to obtain the patient's consent for the disclosure. No
person shall reveal the contents of a medical record of a patient
except as authorized by law.
Sec. 5123.01. As used in this chapter:
(A)
"Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for the
mentally retarded with the approval of the director of mental
retardation and developmental disabilities to provide medical
treatment for residents of the institution.
(B)
"Chief program director" means a person with special
training and experience in the diagnosis and management of the
mentally retarded, certified according to division (C) of this
section in at least one of the designated fields, and appointed
by
the managing officer of an institution for the mentally
retarded
with the approval of the director to provide
habilitation and care
for residents of the institution.
(C)
"Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with
dissenting opinions if any, by a group of persons with special
training and experience in the diagnosis and management of
persons
with mental
retardation or a developmental disability, which
group
shall include individuals who are professionally qualified
in the
fields of medicine, psychology, and social
work, together with
such other specialists as the individual case
may require.
(D)
"Education" means the process of formal training and
instruction to facilitate the intellectual and emotional
development of residents.
(E)
"Habilitation" means the process by which the staff of
the institution assists the resident in acquiring and maintaining
those life skills that enable the resident to cope more
effectively with
the demands of the resident's own person and of
the resident's environment and in
raising the level of the
resident's physical, mental,
social, and vocational
efficiency.
Habilitation includes but is not limited to programs
of formal,
structured education and training.
(F)
"Habilitation center services" means services provided by
a habilitation center certified by the department of mental
retardation and developmental disabilities under section 5123.041
of the Revised Code and covered by the medicaid program pursuant
to rules adopted under section 5111.041 of the Revised Code.
(G)
"Health officer" means any public health physician,
public health nurse, or other person authorized or designated by
a
city or general health district.
(G)(H) "Home or community-based services" means
medicaid-funded home or community-based services provided under a
medicaid component the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(I)
"Indigent person" means a person who is unable,
without
substantial financial hardship, to provide for the payment
of an
attorney and for other necessary expenses of legal
representation,
including expert testimony.
(H)(J)
"Institution" means a public or private facility, or a
part of a public or private facility, that is
licensed by the
appropriate state
department and is equipped to provide
residential habilitation,
care, and treatment for the mentally
retarded.
(I)(K)
"Licensed physician" means a person who holds a valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the person to practice medicine and surgery or
osteopathic medicine and surgery, or a medical officer of the
government of
the United States while in the performance of the
officer's official duties.
(J)(L)
"Managing officer" means a person who is appointed by
the director of mental retardation and developmental disabilities
to be in executive control of an institution for the mentally
retarded under the jurisdiction of the department.
(K)(M) "Medicaid" has the same meaning as in section 5111.01
of the Revised Code.
(N) "Medicaid case management services" means case
management services provided to an individual with mental
retardation or other developmental disability that the state
medicaid plan requires.
(O)
"Mentally retarded person" means a person having
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in adaptive behavior,
manifested
during the developmental period.
(L)(P)
"Mentally retarded person subject to
institutionalization by court order" means a person eighteen
years
of age or older who is at least moderately mentally retarded and
in
relation to whom, because of the person's retardation, either
of the following
conditions exist:
(1) The person represents a very substantial risk of
physical impairment or injury to self as manifested by
evidence
that the person is unable to provide for and is not
providing
for
the person's most basic physical needs and that
provision for
those
needs is not available in the community;
(2) The person needs and is susceptible to significant
habilitation in an institution.
(M)(Q)
"A person who is at least moderately mentally
retarded"
means a person who is found, following a comprehensive
evaluation,
to be impaired in adaptive behavior to a moderate
degree and to be
functioning at the moderate level of
intellectual
functioning in
accordance with standard measurements
as recorded
in the most
current revision of the manual of
terminology and
classification
in mental retardation published by
the American
association on
mental retardation.
(N)(R) As used in this division,
"substantial functional
limitation,"
"developmental delay," and
"established risk" have
the meanings
established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code.
(2) It is manifested before age twenty-two.
(3) It is likely to continue indefinitely.
(4) It results in one of the following:
(a) In the case of a person under three years of age, at
least one
developmental delay or an established risk;
(b) In the case of a person at least three years of age but
under six years of age, at least two developmental delays or an
established risk;
(c) In the case of a person six years of age or older, a
substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the
person's age: self-care, receptive and expressive language,
learning,
mobility, self-direction, capacity for independent
living, and,
if the person is at least sixteen years of age,
capacity
for economic self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(O)(S)
"Developmentally disabled person" means a person with
a
developmental disability.
(P)(T)
"State institution" means an institution that is
tax-supported and under the jurisdiction of the department.
(Q)(U)
"Residence" and
"legal residence" have the same
meaning
as
"legal settlement," which is acquired by residing in
Ohio for a
period of one year without receiving general
assistance
prior to
July
17, 1995, under former Chapter 5113. of the Revised
Code,
disability
assistance under Chapter 5115. of the Revised
Code, or
assistance from a
private agency that maintains records
of
assistance given. A person having a
legal settlement in the
state
shall be considered as having legal settlement
in the
assistance
area in which the person resides. No adult
person
coming into
this
state and having a spouse or minor children
residing in
another state shall
obtain a legal settlement in this
state as
long as
the spouse or minor
children are receiving public
assistance, care, or support at the expense of
the other state or
its subdivisions. For the purpose of determining the legal
settlement of a person who is living in a public or private
institution or in
a home subject to licensing by the department of
job and family services,
the
department of mental health, or the
department of mental retardation and
developmental disabilities,
the residence of the person
shall be considered as though the
person were residing in the county in which
the person was living
prior to the person's entrance into the institution or
home.
Settlement once acquired shall continue until a person has been
continuously absent from Ohio for a period of
one year or has
acquired a legal residence in another state. A woman who
marries
a man with legal settlement in any county immediately acquires
the
settlement of her husband. The legal settlement of a minor
is
that of the parents, surviving parent, sole parent, parent who
is
designated the residential parent and legal custodian by a
court,
other adult having permanent custody awarded by a court,
or
guardian of the person of the minor, provided that:
(1) A minor female who marries shall be considered to have
the legal settlement of her husband and, in the case of death of
her husband or divorce, she shall not thereby lose her
legal
settlement obtained by the marriage.
(2) A minor male who marries, establishes a home, and who
has resided in this state for one year without receiving general
assistance prior to July
17, 1995, under former Chapter 5113. of
the Revised Code, disability
assistance under Chapter 5115. of the
Revised Code, or assistance from a
private agency that maintains
records of assistance given
shall be considered
to have obtained a
legal settlement in this state.
(3) The legal settlement of a child under
eighteen years of
age who is in the care or custody of a public or
private child
caring agency shall not change if the legal settlement of
the
parent changes until after the child has been in the home of
the
parent for a period of one year.
No person, adult or minor, may establish a legal settlement
in this state for the purpose of gaining admission to any state
institution.
(R)(V)(1)
"Resident" means, subject to division (R)(2) of
this
section, a person
who is admitted either voluntarily
or
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised
Code subsequent to a finding of not guilty
by reason of insanity
or incompetence to stand trial or under this
chapter who is under
observation or receiving habilitation and care in an institution.
(2)
"Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or
2945.402 of the Revised Code to the extent that the
reference in this
chapter to
resident, or the context in which the
reference occurs, is in conflict with
any provision of sections
2945.37 to 2945.402 of the Revised Code.
(S)(W)
"Respondent" means the person whose detention,
commitment, or continued commitment is being sought in any
proceeding under this chapter.
(T)(X)
"Working day" and
"court day" mean Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a legal
holiday.
(U)(Y)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in
which a person was found guilty.
(V)(Z)
"Court" means the probate division of the court of
common pleas.
Sec. 5123.041. (A) As used in this section,
"habilitation
center" means a
habilitation center
certified under division (C)
of this
section for the provision of
that provides habilitation
center
services
under section 5111.041 of the Revised Code.
(B)
The department of mental retardation and developmental
disabilities shall do all of the following pursuant to an
interagency agreement with the department of job and family
services entered into under section 5111.86 of the Revised Code:
(1) Certify habilitation centers that meet the certification
requirements established by rules adopted by the director of job
and family services under section 5111.041 of the Revised Code;
(2) Accept and process medicaid reimbursement claims from
habilitation centers providing habilitation center services to
medicaid
recipients under section 5111.041 of the Revised Code;
(3) With medicaid funds provided to the department from the
department of job and family services, pay the medicaid
reimbursement claims accepted and processed under division (B)(2)
of this section;
(4) Perform the other duties included in the interagency
agreement.
(C) The director of mental retardation and developmental
disabilities shall adopt rules in accordance with Chapter 119. of
the Revised Code that do all of the following:
(1)
Specify standards
Establish procedures for certification
of
habilitation centers;
(2)
Define habilitation services and programs, other than
services provided by the department of education;
(3) Establish the fee that may be assessed under division
(D) of this section;
(4)(3) Specify how the department of mental retardation and
developmental disabilities will
implement and administer the
habilitation services program
perform its duties under this
section.
(C) The director shall certify habilitation centers that
meet the standards specified by rules adopted under this section.
(D) The department of mental retardation and developmental
disabilities may assess the fee established
by rule under division
(B)(3)(C)(2)
of this section for
providing services related to the
habilitation services program
performing its duties under this
section. The fee may be retained from any
funds
payment the
department
receives for a habilitation center under
Title XIX of
the
"Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301,
as amended
makes under division (B)(3) of this section.
Sec. 5123.044. The department of mental retardation and
developmental disabilities shall determine whether county boards
of mental retardation and developmental disabilities are complying
with section 5126.047 of the Revised Code in accordance with a
methodology the department shall establish. The department shall
provide assistance to an individual with mental retardation or
other developmental disability who requests assistance with the
individual's right under section 5126.047 of the Revised Code to
choose a provider of habilitation, vocational, community
employment, residential, or supported living services or if the
department is notified of a county board's alleged violation of
the individual's right to choose such a provider.
Sec. 5123.045. (A) No person or government entity shall
receive payment for providing home or community-based services
unless certified under this section or certified as a supported
living provider under section 5126.431 of the Revised Code.
(B) The department of mental retardation and developmental
disabilities shall do both of the following in accordance with
Chapter 119. of the Revised Code:
(1) Certify a person or government entity to provide home
or community-based services if the person or government entity
satisfies the requirements for certification established by rules
adopted under division (C) of this section;
(2) Revoke a certificate when required to do so by rules
adopted under division (C) of this section.
(C) The director of mental retardation and developmental
disabilities shall adopt rules in accordance with Chapter 119. of
the Revised Code establishing certification requirements and
procedures for a person or government entity that seeks to provide
home or community-based services and is not certified as a
supported living provider under section 5126.431 of the Revised
Code. The rules shall include procedures for all of the
following:
(1) Ensuring that providers comply with section 5126.281 of
the Revised Code;
(2) Evaluating the services provided to ensure that they
are provided in a quality manner advantageous to the individual
receiving the services and protecting the due process rights of
any person affected by a decision made following an evaluation.
The procedures shall require that all of the following be
considered as part of an evaluation:
(a) The provider's experience and financial
responsibility;
(b) The provider's ability to comply with standards for the
home or community-based services that the provider provides;
(c) The provider's ability to meet the needs of the
individuals served;
(d) Any other factor the director considers relevant.
(3) Revoking a provider's certificate. The procedures may
include revoking a certificate for good cause, including
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect,
financial irresponsibility, or other conduct the director
determines is injurious to individuals being served.
(D) The rules adopted under division (C) of this section
shall allow a person or government entity to automatically satisfy
a requirement for certification under this section if the person
holds a current, valid license under section 5123.19 of the
Revised Code to operate a residential facility and had to satisfy
the requirement to obtain the residential facility license.
(E) The records of an evaluation conducted in accordance
with rules adopted under division (C)(2) of this section are
public records for purposes of section 149.43 of the Revised Code
and shall be made available on request of any person, including
individuals being served, individuals seeking home or
community-based services, and county boards of mental retardation
and developmental disabilities.
Sec. 5123.046. The department of mental retardation and
developmental disabilities shall review each plan it receives from
a county board of mental retardation and developmental
disabilities under section 5126.054 of the Revised Code and, in
consultation with the department of job and family services and
office of budget and management, approve each plan that includes
all the information and conditions specified in that section. A
plan shall be approved or disapproved not later than forty-five
days after the last of the plan's components are submitted to the
department under division (B) of section 5126.054 of the Revised
Code.
In approving plans under this section, the department
shall ensure that the aggregate of all plans provide for the
increased enrollment into home or community-based services during
each state fiscal year of at least five hundred individuals who
did not receive residential services, supported living, or home or
community-based services the prior state fiscal year if the
department has enough additional enrollment available for this
purpose.
If it approves a county board's plan, the department may
authorize distribution to the county board of amounts the
department has allocated to the county board for home or
community-based services. The department may distribute the
amounts within fifteen days of the distribution authorization.
The
department may distribute the amounts directly to the county
board
or assign the amounts to home or community-based service
allocations used for payment authorization of home or
community-based services.
The department shall establish accountability mechanisms
that the department shall use to determine whether a county board
is complying with the programmatic and financial outcomes
specified its approved plan. If the department determines that a
county board is not in compliance with the programmatic or
financial outcomes specified in its approved plan, the department
may take corrective action, including either of the following:
(A) Providing the county board technical assistance;
(B) Suspending the county board's plan and entering into a
contract with a person or government entity selected by the
department under which the administration and implementation of
the plan is assigned to the person or government entity. The
department shall re-approve the county board's plan and allow the
county board to resume administration and implementation of the
plan when the department is satisfied that the county board has
successfully implemented all parts of a plan of correction and is
capable of complying with the programmatic or financial outcomes
specified in the plan.
Sec. 5123.047. (A) The department of mental retardation and
developmental disabilities shall pay the nonfederal share of
medicaid expenditures for habilitation center services provided to
an individual with mental retardation or other developmental
disability unless section 5111.041 of the Revised Code requires a
county board of mental retardation and developmental disabilities
or a school district to pay the nonfederal share.
(B) The department shall pay the nonfederal share of
medicaid expenditures for medicaid case management services if
either of the following apply:
(1) The services are provided to an individual with mental
retardation or other developmental disability who a county board
has determined under section 5126.041 of the Revised Code is not
eligible for county board services;
(2) The services are provided to an individual with mental
retardation or other developmental disability by a public or
private agency with which the department has contracted under
section 5123.56 of the Revised Code to provide protective services
to the individual.
(C) The department shall pay the nonfederal share of
medicaid expenditures for home or community-based services
provided to an individual with mental retardation or other
developmental disability who a county board has determined under
section 5126.041 of the Revised Code is not eligible for county
board services.
Sec. 5123.048. (A) For state fiscal year 2002, the
department of mental retardation and developmental disabilities
shall assign to a county board of mental retardation and
developmental disabilities the nonfederal share of medicaid
expenditures for habilitation center services that a private
habilitation center provides if all of the following apply:
(1) The individuals who receive the services also received
the services from the center pursuant to a contract the center had
with the department in state fiscal year 2001;
(2) The county board determined under section 5126.041 of
the Revised Code that the individuals who receive the services are
eligible for county board services;
(3) The county board contracts with the center to provide
the services after the center's contract with the department ends.
(B) The department shall also make the assignment under
division (A) of this section for each successive state fiscal year
that the county board contracts with the private habilitation
center to provide the habilitation center services to the
individuals who received the services pursuant to the contract the
department had with the center in state fiscal year 2001.
(C) The amount the department shall assign under
divisions (A) and (B) of this section shall be adequate to ensure
that the habilitation center services the individuals receive are
comparable in scope to the habilitation center services they
received when the private habilitation center was under contract
with the department.
(D) A county board shall use the assignment it receives
under divisions (A) and (B) of this section to pay the nonfederal
share of the medicaid expenditures for the habilitation center
services the county board is required by division (D) of section
5111.041 of the Revised Code to pay.
Sec. 5123.049. The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the authorization and
payment of home or community-based services, medicaid case
management services, and habilitation center services. The rules
shall provide for private providers of the services to receive one
hundred per cent of the medicaid allowable payment amount and for
government providers of the services to receive the federal share
of the medicaid allowable payment, less the amount withheld as a
fee under section 5123.0412 of the Revised Code and any amount
that may be required to be deposited into a county MR/DD medicaid
reserve fund under section 5705.091 of the Revised Code. The
rules shall establish the process by which county boards of mental
retardation and developmental disabilities shall certify and
provide the nonfederal share of medicaid expenditures that the
county board is required by division (A) of section 5126.056 of
the Revised Code to pay.
Sec. 5123.0410. (A) An individual with mental retardation or
other developmental disability who moves from one county in this
state to another county in this state shall receive home or
community-based services in the new county that are comparable in
scope to the home or community-based services the individual
receives in the prior county at the time the individual moves. If
the county board serving the county to which the individual moves
determines under section 5126.041 of the Revised Code that the
individual is eligible for county board services, the county board
shall ensure that the individual receives the comparable services.
If the county board does not make that determination, the
department of mental retardation and developmental disabilities
shall ensure that the individual receives the comparable services.
If the home or community-based services that the
individual receives at the time the individual moves includes
residential services, the department shall reduce the amount the
department allocates to the county board serving the county the
individual left for those residential services by an amount that
equals the payment the department authorizes or projects, or both,
for those services from the last day the individual resides in the
county to the last day of the state fiscal year in which the
individual moves. The department shall increase the amount the
department allocates to the county board serving the county the
individual moves to by the same amount. The department shall make
the reduction and increase effective the day the department
determines the individual has residence in the new county. The
department shall determine the amount that is to be reduced and
increased in accordance with the department's rules for
authorizing payments for home or community-based services
established adopted under section 5123.049 of the Revised Code.
The department shall annualize the reduction and increase for the
subsequent state fiscal year as necessary.
Sec. 5123.0411. The department of mental retardation and
developmental disabilities may bring a mandamus action against a
county board of mental retardation and developmental disabilities
that fails to pay the nonfederal share of medicaid expenditures
that the county board is required by division (A) of section
5126.056 of the Revised Code to pay. The department may bring the
mandamus action in the court of common pleas of the county served
by the county board or in the Franklin county court of common
pleas.
Sec. 5123.0412. (A) At times the department of mental
retardation and developmental disabilities determines, the
department shall charge each county board of mental retardation
and developmental disabilities a fee equal to one per cent of the
total value of all medicaid paid claims for habilitation center
services, medicaid case management services, and home or
community-based services for which the county board contracts or
provides itself. No county board shall pass the cost of a fee
charged to the county board under this section on to a person or
government entity with which the county board contracts to provide
the services.
(B) Two-thirds of the fees collected under this section
shall be deposited into ODMR/DD administration and oversight fund,
which is hereby created in the state treasury. One-third of the
fees collected under this section shall be deposited into the
ODJFS administration and oversight fund, which is hereby created
in the state treasury. The department of mental retardation and
developmental disabilities shall use the money in the ODMR/DD
administration and oversight fund and the department of job and
family services shall use the money in the ODJFS administration
and oversight fund for both of the following purposes:
(1) The administrative and oversight costs of habilitation
center services, medicaid case management services, and home or
community-based services that a county board develops and monitors
and the county board or a person or government entity under
contract with the county board provides. The administrative and
oversight costs shall include costs for staff, systems, and other
resources the departments need and dedicate solely to the
following duties associated with the services:
(a) Eligibility determinations;
(e) Quality assurance oversight;
(f) Other duties the departments identify.
(2) Providing technical support to county boards' local
administrative authority under section 5126.055 of the Revised
Code for the services.
(C) The departments of mental retardation and developmental
disabilities and job and family services shall enter into an
interagency agreement to provide for the departments to coordinate
the staff whose costs are paid for with money in the ODMR/DD
administration and oversight fund and the ODJFS administration and
oversight fund.
(D) The departments shall submit an annual report to the
director of budget and management certifying how the departments
spent the money in the ODMR/DD administration and oversight fund
and the ODJFS administration and oversight fund for the purposes
specified in division (B) of this section.
Sec. 5123.0413. The department of mental retardation and
developmental disabilities, in consultation with the department of
job and family services and county boards of mental retardation
and developmental disabilities, shall plan for the establishment,
funding, and management of one or more of the following to pay for
extraordinary costs, including extraordinary costs for services to
individuals with mental retardation or other developmental
disability, and ensure the availability of adequate funds in the
event a county property tax levy for services for individuals with
mental retardation or other developmental disability fails:
(A) County MR/DD medicaid reserve funds;
(B) A state MR/DD risk fund;
(C) A state insurance against MR/DD risk fund.
Sec. 5123.60. (A) A legal rights service is hereby
created
and established to protect and advocate the rights of
mentally ill
persons, mentally retarded persons, developmentally
disabled
persons, and other disabled persons who may be represented by the
service pursuant to division (L) of this section; to receive and
act upon
complaints concerning
institutional and hospital
practices and conditions of
institutions for mentally retarded or
developmentally disabled
persons and hospitals for the mentally
ill; and to assure that
all persons detained, hospitalized,
discharged, or
institutionalized, and all persons whose detention,
hospitalization, discharge, or institutionalization is sought or
has been sought under this chapter or Chapter 5122. of the
Revised
Code are fully informed of their rights and adequately
represented
by counsel in proceedings under this chapter or
Chapter 5122. of
the Revised Code and in any proceedings to
secure the rights of
such
those persons. Notwithstanding the
definitions of
"mentally
retarded person" and
"developmentally disabled person" in section
5123.01 of the
Revised Code, the
legal rights service shall
determine who is a mentally retarded
or developmentally disabled
person for purposes of this section
and sections 5123.601 to
5123.604 of the Revised Code.
(B) In regard to those persons detained, hospitalized, or
institutionalized under Chapter 5122. of the Revised Code, the
legal rights service shall undertake formal representation only
of
those persons who are involuntarily detained, hospitalized, or
institutionalized pursuant to sections 5122.10 to 5122.15 of the
Revised Code, and those voluntarily detained, hospitalized, or
institutionalized who are minors, who have been adjudicated
incompetent, who have been detained, hospitalized, or
institutionalized in a public hospital, or who have requested
representation by the legal rights service. If a person referred
to in division (A) of this section voluntarily requests in
writing
that the legal rights service terminate participation in
the
person's case, such involvement shall cease.
(C) Any person voluntarily hospitalized or
institutionalized
in a public hospital under division (A) of
section 5122.02 of the
Revised Code, after being fully informed
of the person's rights
pursuant to
under division (A) of this
section, may, by
written
request, waive assistance by the legal rights service if
the
waiver is knowingly and intelligently made, without duress or
coercion.
The waiver may be rescinded at any time by the voluntary
patient or resident, or by the voluntary patient's or
resident's
legal guardian.
(D)(1) The legal rights service commission is hereby created
for the purposes of appointing an administrator of the legal
rights service, advising the administrator, assisting the
administrator in developing a budget, and establishing general
policy guidelines for the legal rights service. The commission
may receive and act upon appeals of personnel decisions by the
administrator.
(2) The commission shall consist of seven members. One
member,
who shall serve as chairperson, shall be appointed by
the
chief
justice of the supreme court, three members shall be
appointed by
the speaker of the house of representatives, and
three members
shall be appointed by the president of the senate.
At least two
members shall have experience in the field of
developmental
disabilities, and at least two members shall have
experience in
the field of mental health. No member shall be a
provider or
related to a provider of services to mentally
retarded,
developmentally disabled, or mentally ill persons.
Terms
(3) Terms of office
of the members of the commission shall
be
for three years, each term ending on the
same day of the month
of the year as did the term which it
succeeds. Each member shall
serve subsequent to the expiration
of the member's term until a
successor is
appointed and qualifies, or
until sixty days has
elapsed, whichever occurs first.
All
No member shall serve more
than two consecutive terms.
All
vacancies
in the membership of the commission shall be
filled in the manner prescribed for
the
regular appointments to
the commission and shall be limited to
the unexpired terms.
No
member shall serve more than two
consecutive terms.
(4) The commission shall meet at least four times each year.
Members shall be reimbursed for their necessary and actual
expenses incurred in the performance of their official duties.
(5) The administrator of the legal rights service shall be
appointed for a five-year term, subject to removal for mental or
physical incapacity to perform the duties of the office,
conviction of violation of any law relating to the
administrator's
powers and
duties, or other good cause shown.
The administrator shall be a person who has had special
training and experience in the type of work with which the legal
rights service is charged. If the administrator is not an
attorney, the administrator shall seek legal counsel when
appropriate. The
salary of the administrator shall be established
in accordance
with section 124.14 of the Revised Code.
(E) The legal rights service shall be completely
independent
of the department of mental health and the department
of mental
retardation and developmental disabilities and,
notwithstanding
section 109.02 of the Revised Code, shall also be
independent of
the office of the attorney general. The
administrator of the
legal rights service, staff, and attorneys
designated by the
administrator to represent persons
detained,
hospitalized, or
institutionalized under this chapter or Chapter 5122. of the
Revised Code shall have ready access
to the following:
(1) During normal business hours and at other reasonable
times,
to all records relating to expenditures of state and
federal funds or to the commitment, care, treatment, and
habilitation of all persons represented by the legal rights
service, including those who may be represented pursuant to
division (L) of
this section, or persons detained, hospitalized,
institutionalized, or
receiving services under this chapter or
Chapter 340., 5119.,
5122., or 5126. of the Revised Code that are
records maintained by the
following entities providing services
for those persons: departments;
institutions; hospitals;
community residential facilities; boards of alcohol,
drug
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of
those boards;
and any other entity providing services to persons
who may be represented by
the service pursuant to division (L) of
this section;
(2)
To any
Any records maintained in computerized data banks
of the departments or boards or, in the case of persons who may be
represented
by the service pursuant to division (L) of this
section, any other entity that
provides services to those persons;
(3) During their normal working hours,
to personnel of the
departments, facilities, boards, agencies,
institutions,
hospitals,
and other service-providing entities;
(4) At any time,
to all persons detained, hospitalized, or
institutionalized; persons receiving services under this chapter
or
Chapter 340., 5119., 5122., or 5126. of the Revised Code; and
persons who may
be represented by the service pursuant to division
(L) of this section.
(F) The administrator of the legal rights service shall
do
the following:
(1) Administer and organize the work of the legal rights
service and establish administrative or geographic divisions as
the administrator considers necessary, proper, and expedient;
(2) Adopt and promulgate rules and prescribe duties for
the
efficient conduct of the business and general administration
of
the legal rights service;
(3) Appoint and discharge employees, and hire
such
experts,
consultants, advisors, or other professionally qualified
persons
as the administrator considers necessary to carry out
the duties
of the
legal rights service;
(4) Apply for and accept grants of funds, and accept
charitable gifts and bequests;
(5) Prepare and submit a budget to the general assembly
for
the operation of the legal rights service;
(6) Enter into contracts and make
such expenditures
as are
necessary for the efficient operation of the legal rights
service;
(7) Annually prepare a report of activities and submit
copies of the report to the governor, the chief justice of the
supreme court, the president of the senate, the speaker of the
house of representatives, the director of mental health, and the
director of mental retardation and developmental disabilities,
and
make the report available to the public.
(G) The legal rights service may act directly or contract
with other organizations or individuals for the provision of the
services envisioned under this section. Whenever possible, the
administrator shall attempt to facilitate the resolution of
complaints through administrative channels.
If attempts at
administrative resolution
prove
unsatisfactory, the
administrator
may pursue any legal,
administrative,
and other appropriate
remedies or
approaches that
may be necessary to accomplish the
purposes of this section
if the remedies or approaches are
approved by an affirmative vote of at least four members of the
commission.
Relationships between personnel and the agents of
the
legal
rights
service and its clients shall be fiduciary
relationships,
and all
communications shall be confidential, as if
between
attorney and
client.
(H)
The legal
rights service, on the order of the
administrator, with the
approval
by an affirmative vote of at
least four members of the commission, may compel by
subpoena the
appearance
and sworn testimony of any person the
administrator
reasonably
believes may be able to provide
information or to
produce any
documents, books, records, papers,
or other
information necessary
to carry out its duties.
(I) The legal rights service may conduct public hearings.
(J) The legal rights service may request from any
governmental agency any cooperation, assistance, services, or
data
that will enable it to perform its duties.
(K) In any malpractice action filed against the
administrator of the legal rights service, a member of the staff
of the legal rights service, or an attorney designated by the
administrator to perform legal services under division (E) of
this
section, the state shall, when the administrator, member, or
attorney has acted in good faith and in the scope of
employment,
indemnify the administrator, member, or attorney for
any judgment
awarded or amount negotiated in settlement, and for
any court
costs or legal fees incurred in defense of the claim.
This division does not limit or waive, and shall not be
construed to limit or waive, any defense that is available to the
legal rights service, its administrator or employees, persons
under a personal services contract with it, or persons designated
under division (E) of this section, including, but not limited
to,
any defense available under section 9.86 of the Revised Code.
(L) In addition to providing services to mentally ill,
mentally retarded, or developmentally disabled persons, when a
grant authorizing the provision of services to other individuals
is accepted pursuant to division (F)(4) of this section, the
legal
rights service and its ombudsperson section may
provide
advocacy
or ombudsperson services to those other
individuals and
exercise
any other authority granted by this section or sections
5123.601
to 5123.604 of the Revised Code on behalf of those
individuals.
Determinations of whether an individual is eligible
for services
under this division shall be made by the legal
rights service.
Sec. 5123.71. (A)(1) Proceedings for the involuntary
institutionalization of a person pursuant to sections 5123.71 to
5123.76 of the Revised Code shall be commenced by the filing of
an
affidavit with the probate division of the court of common
pleas
of the county where the person
person's is located resides or
where the person is institutionalized, in the manner and form
prescribed by the
department of mental retardation and
developmental disabilities
either on information or actual
knowledge, whichever is
determined to be proper by the court. The
affidavit may be filed only by a
person who has custody of the
individual as a parent, guardian, or service
provider or by a
person acting on behalf of the department or a county board
of
mental retardation and developmental disabilities. This section
does not
apply regarding the institutionalization of a person
pursuant to section
2945.39, 2945.40, 2945.401, or 2945.402 of the
Revised Code.
The affidavit shall contain an allegation setting
forth the
specific category or categories under division
(L)(P) of
section
5123.01 of the Revised Code upon which the commencement
of
proceedings is based and a statement of the factual ground for
the
belief that the person is a mentally retarded person subject to
institutionalization by
court order. Except as provided in
division (A)(2) of this section, the
affidavit shall be
accompanied by both of the following:
(a) A comprehensive evaluation report prepared by the
person's evaluation
team that includes a statement by the members
of the team certifying that they
have performed a comprehensive
evaluation of the person and that they are of
the opinion that
the
person is a mentally retarded person subject to
institutionalization by court order;
(b) An assessment report prepared by the county board of
mental retardation
and developmental disabilities under section
5123.711 of the Revised Code
specifying that the individual is in
need of services on an emergency or
priority basis.
(2)
A In lieu of the comprehensive
evaluation report, the
affidavit may be accompanied by a written and sworn
statement that
the person or the guardian of a person
adjudicated incompetent has
refused to allow a comprehensive
evaluation and county board
assessment
and assessment reports. Immediately after accepting
an
affidavit that is not accompanied by the
reports of a
comprehensive evaluation and county board assessment, the court
shall cause a comprehensive evaluation and county board assessment
of the
person named in the affidavit to be performed. The
evaluation shall be
conducted in the least restrictive environment
possible and the assessment
shall be conducted in the same manner
as assessments conducted under
section 5123.711 of the Revised
Code. The evaluation and assessment must be
completed before a
probable cause hearing or full hearing may be held under
section
5123.75 or 5123.76 of the Revised Code.
A written report of the evaluation team's findings and the
county
board's assessment shall be filed with the court. The
reports shall,
consistent with the rules of evidence, be accepted
as probative evidence in
any proceeding under section 5123.75 or
5123.76 of the
Revised Code. If the counsel for the person who is
evaluated or assessed is known, the court
shall send to the
counsel a copy of the reports as soon as possible after they
are
filed and prior to any proceedings under section 5123.75 or
5123.76 of the
Revised Code.
(B)
, if the division may the,,
Any person who is
involuntarily detained in an
institution or otherwise is in
custody under this chapter
shall be informed
the person of the
right to do the following:
(1) Immediately make a reasonable number of telephone
calls
or use other reasonable means to contact an attorney, a
physician,
or both, to contact any other person or persons to
secure
representation by counsel, or to obtain medical assistance,
and be
provided assistance in making calls if the assistance is
needed
and requested;
(2) Retain counsel and have independent expert evaluation
and, if the person is an indigent person, be represented by
court-appointed counsel and have independent expert evaluation at
court expense;
(3) Upon request, have a hearing to determine whether
there
is probable cause to believe that the person is a
mentally
retarded
person subject to institutionalization by court order.
(C) No person who is being treated by spiritual means
through prayer alone in accordance with a recognized religious
method of healing may be ordered detained or involuntarily
committed unless the court has determined that the person
represents a very substantial risk of self-impairment,
self-injury, or
impairment or injury to
self to others.
Sec. 5123.76. (A) The full hearing shall be conducted in
a
manner consistent with the procedures outlined in this chapter
and
with due process of law. The hearing shall be held by a judge of
the
probate division or,
upon transfer by the judge of the probate
division, by another
judge of the court of common pleas, or a
referee designated by
the judge of the probate division. Any
referee designated by the
judge of the probate division must be an
attorney.
(1) The following shall be made available to counsel for
the
respondent:
(a) All relevant documents, information, and evidence in
the
custody or control of the state or prosecutor;
(b) All relevant documents, information, and evidence in
the
custody or control of the institution, facility, or program in
which the
respondent currently is held or in which the respondent
has been held
pursuant to these proceedings;
(c) With the consent of the respondent, all relevant
documents, information, and evidence in the custody or control of
any institution or person other than the state.
(2) The respondent has the right to be represented by
counsel of the respondent's choice and has the right to
attend the
hearing
except if unusual circumstances of compelling medical
necessity
exist that render the respondent unable to attend and
the
respondent has not expressed a desire to attend.
(3) If the respondent is not represented by counsel and
the
court determines that the conditions specified in division
(A)(2)
of this section justify the respondent's absence and the
right to
counsel has not been validly waived, the court shall
appoint
counsel forthwith to represent the respondent at the
hearing,
reserving the right to tax costs of appointed counsel to
the
respondent unless it is shown that the respondent is
indigent. If
the court appoints counsel, or if the court
determines that the
evidence relevant to the respondent's absence
does not justify the
absence, the court shall continue the
case.
(4) The respondent shall be informed of the right
to retain
counsel, to have independent expert evaluation, and, if an
indigent
person, to be represented by court appointed counsel and
have expert
independent evaluation at court expense.
(5) The hearing may be closed to the public unless counsel
for the respondent requests that the hearing be open to the
public.
(6) Unless objected to by the respondent, the
respondent's
counsel, or
the designee of the director of mental retardation and
developmental disabilities, the court, for good cause shown,
may
admit persons having a legitimate interest in the proceedings.
(7) The affiant under section 5123.71 of the Revised Code
shall be subject to subpoena by either party.
(8) The court shall examine the sufficiency of all
documents
filed and shall inform the respondent, if present, and
the
respondent's counsel of the nature of the content of the
documents
and the
reason for which the respondent is being held or for which
the respondent's placement is
being sought.
(9) The court shall receive only relevant, competent, and
material evidence.
(10) The designee of the director shall present the
evidence
for the state. In proceedings under this chapter, the attorney
general shall present the comprehensive evaluation, assessment,
diagnosis,
prognosis, record of habilitation and care, if any, and
less
restrictive habilitation plans, if any. The attorney general
does not have a similar presentation responsibility in
connection
with a person who has been found not guilty by reason
of insanity
and who is the subject of a hearing under section
2945.40 of the
Revised Code to determine whether
the person is a mentally
retarded person subject to
institutionalization by court order.
(11) The respondent has the right to testify and the
respondent or the respondent's counsel has the right to
subpoena
witnesses and
documents and to present and cross-examine
witnesses.
(12) The respondent shall not be compelled to testify and
shall be so advised by the court.
(13) On motion of the respondent or the respondent's
counsel
for good
cause shown, or upon the court's own motion, the court
may order a
continuance of the hearing.
(14) To an extent not inconsistent with this chapter, the
Rules of Civil Procedure shall be applicable.
(B) Unless, upon completion of the hearing, the court finds
by
clear and convincing evidence that the respondent named in the
affidavit is a mentally retarded person subject to
institutionalization by court order, it shall order the
respondent's discharge
forthwith.
(C) If, upon completion of the hearing, the court finds by
clear and convincing evidence that the respondent is a mentally
retarded person subject to institutionalization by court order,
the court may
order the respondent's
discharge or order the
respondent, for a
period not
to exceed ninety days, to any of the
following:
(1) A public institution, provided that commitment of
the
respondent to the institution will not cause the institution
to
exceed its licensed capacity determined in accordance with
section
5123.19 of the Revised Code and provided that such
a placement is
indicated by the comprehensive evaluation report
filed pursuant to
section 5123.71 of the Revised Code;
(2) A private institution;
(3) A county mental retardation program;
(4) Receive private habilitation and care;
(5) Any other suitable facility, program, or the
care of any
person consistent with the comprehensive evaluation,
assessment,
diagnosis, prognosis, and habilitation needs of the respondent.
(D) Any order made pursuant to division (C)(2), (4), or
(5)
of this section shall be conditional upon the receipt by the
court
of consent by the facility, program, or person to accept the
respondent.
(E) In determining the place to which, or the person with
whom, the respondent is to be committed, the court shall consider
the comprehensive evaluation, assessment, diagnosis, and projected
habilitation plan for the respondent, and shall order the
implementation of the least restrictive alternative available and
consistent
with habilitation goals.
(F) If, at any time it is determined by
the director of the
facility or program to which, or the person to
whom, the
respondent is committed that the respondent could be
equally well
habilitated in a less restrictive environment that
is available,
the following shall occur:
(1) The respondent shall be released by the director of
the
facility or program or by the person
forthwith and referred
to the
court together with a report of the findings and
recommendations
of the facility, program, or person.
(2) The director of the facility or program or the
person
shall notify the respondent's counsel and the designee of
the
director of mental retardation and developmental
disabilities.
(3) The court shall dismiss the case or order placement in
the less restrictive environment.
(G)(1) Except as provided in divisions (G)(2)
and (3) of
this section, any person who has been committed under this
section
may apply at any time during the ninety-day period for
voluntary
admission to an institution under section 5123.69 of
the Revised
Code. Upon admission of a voluntary resident, the
managing
officer immediately shall notify the court, the
respondent's
counsel, and the designee of the director in writing
of that fact
by mail or otherwise, and, upon receipt
of the notice, the court
shall dismiss the case.
is admitted
(2)
admitted A person who is found incompetent to stand
trial
or not
guilty
by reason of insanity and who is committed
pursuant
to section 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised
Code shall not be voluntarily admitted to an institution
pursuant
to division (G)(1) of this section until after
the
termination of
the commitment, as described in division (J) of
section 2945.401
of the Revised Code.
(H) If, at the end of any commitment period, the respondent
has not already been discharged or has not requested voluntary
admission status, the director of the facility or program, or the
person to whose care the respondent has been committed, shall
discharge the
respondent forthwith, unless at least ten days
before the
expiration of that period the designee of the director
of mental
retardation and developmental disabilities or the
prosecutor
files an application with the court requesting
continued
commitment.
(1) An application for continued commitment shall include
a
written report containing a current comprehensive evaluation and
assessment,
a diagnosis, a prognosis, an account of progress and
past
habilitation, and a description of alternative habilitation
settings and plans, including a habilitation setting that is the
least restrictive setting consistent with the need for
habilitation. A copy of the application shall be provided to
respondent's counsel. The requirements for notice under section
5123.73 of the Revised Code and the provisions of divisions (A)
to
(E) of this section apply to all hearings on such
applications.
(2) A hearing on the first application for continued
commitment shall be held at the expiration of the first
ninety-day
period. The hearing shall be mandatory and may not be
waived.
(3) Subsequent periods of commitment not to exceed one
hundred eighty days each may be ordered by the court if the
designee of the director of mental retardation and developmental
disabilities files an application for continued commitment, after
a hearing is held on the application or without a hearing if no
hearing is requested and no hearing required under division
(H)(4)
of this section is waived. Upon the application of a
person
involuntarily committed under this section, supported by an
affidavit
of a licensed physician alleging that the person is no
longer a
mentally retarded person subject to institutionalization
by court
order, the court for good cause shown may hold a full
hearing on
the person's continued commitment prior to the
expiration of any
subsequent period of commitment set by the
court.
(4) A mandatory hearing shall be held at least every two
years after the initial commitment.
(5) If the court, after a hearing upon a request to
continue
commitment, finds that the respondent is a mentally
retarded
person subject to institutionalization by court order,
the court
may make an order pursuant to divisions (C), (D), and
(E) of this
section.
(I) Notwithstanding the provisions of division (H) of this
section, no person who is found to be a mentally retarded person
subject to institutionalization by court order pursuant to
division
(L)(P)(2) of section 5123.01 of the Revised Code shall be
held under involuntary commitment for more than five years.
(J) The managing officer admitting a person pursuant to a
judicial proceeding, within ten working days of the admission,
shall make a
report of the admission to the department.
entity entity entity entity
Sec. 5126.01. As used in this chapter:
(A)
"Adult services" means a range of habilitation
services
designed to meet the individual needs of persons who are
eighteen
years of age or over and are not enrolled in a program
or service
under Chapter 3323. of the Revised Code, and of
persons sixteen
and seventeen years of age who are eligible under
rules adopted by
the director of mental retardation and
developmental disabilities
pursuant to Chapter 119. of the
Revised Code. Such services may
include habilitation programs
and services, sheltered employment
providing a structured work
environment, job training, job
placement, supported employment,
competitive employment, and
planned therapeutic and work
activities providing meaningful tasks
designed to improve the
effectiveness or degree with which an
individual meets the
standards of personal independence and social
responsibility
expected of the individual's age and cultural
group.
(B) As used in this division,
"substantial functional
limitation,"
"developmental delay," and
"established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code;
(2) It is manifested before age twenty-two;
(3) It is likely to continue indefinitely;
(4) It results in one of the following:
(a) In the case of a person under age three, at least one
developmental delay or an established risk;
(b) In the case of a person at least age three but under
age
six, at least two developmental delays or an established
risk;
(c) In the case of a person age six or older, a
substantial
functional limitation in at least three of the
following areas of
major life activity, as appropriate for the
person's age:
self-care, receptive and expressive language, learning,
mobility,
self-direction, capacity for independent living, and, if the
person
is at least age sixteen, capacity for economic
self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(C)
"Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with
mental
retardation or other developmental disabilities who have
not
attained compulsory school age.
(D)
"Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to
cope
more effectively with the demands of the individual's own person
and
environment, and in raising the level of the individual's
personal, physical,
mental, social, and vocational efficiency.
Habilitation includes, but is not
limited to, programs of formal,
structured education and training.
(E)
"Habilitation center services" means services provided by
a habilitation center certified by the department of mental
retardation and developmental disabilities under section 5123.041
of the Revised Code and covered by the medicaid program pursuant
to rules adopted under section 5111.041 of the Revised Code.
(F) "Home or community-based services" means
medicaid-funded home or community-based services provided under a
medicaid component the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(G) "Medicaid" has the same meaning as in section 5111.01
of the Revised Code.
(H) "Medicaid case management services" means case
management services provided to an individual with mental
retardation or other developmental disability that the state
medicaid plan requires.
(I)
"Mental retardation" means a mental impairment
manifested during the developmental period characterized by
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in the effectiveness or
degree with
which an individual meets the standards of personal
independence
and social responsibility expected of the
individual's age and
cultural group.
(F)(J)
"Residential services" means services to individuals
with mental retardation or other developmental disabilities to
provide housing, food, clothing, habilitation, staff support, and
related support services necessary for the health, safety, and
welfare of the individuals and the advancement of their quality
of
life.
(G)(K)
"Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment.
(H)(L)
"Supportive home services" means a range of services
to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability
of
family members to teach the person, better coordination
between
school and home, skills in performing specific
therapeutic and
management techniques, and ability to cope with
specific
situations.
(I)(M)
"Supported living" means services provided to an
individual with mental retardation or other developmental
disability through any public or private resources, including
moneys from the individual, that enhance the individual's
reputation in community life and advance the individual's quality
of life by doing the following:
(1) Providing the support necessary to enable an
individual
to live in a residence of the individual's choice
and to choose to
live alone, with any number of individuals who are not disabled,
or with not more than three individuals with mental retardation
and developmental disabilities unless the individuals are related
by blood or marriage;
(2) Encouraging the individual's participation in the
community;
(3) Promoting the individual's rights and autonomy;
(4) Encouraging the increase of the individual's skills
and
competence.
"Supported living" includes the provision of housing, food,
clothing, habilitation, staff support, professional services, and
any related support services necessary for the health, safety,
and
welfare of the individual receiving the services.
Sec. 5126.042. (A) As used in this section:
(1)
"Emergency" means any situation that creates for an
individual with mental retardation or developmental disabilities a
risk of
substantial self-harm or substantial harm to others if
action is not taken
within thirty days. An
"emergency" may
include one or more of the following
situations:
(a) Loss of present residence for any reason, including
legal
action;
(b) Loss of present caretaker for any reason, including
serious
illness of the caretaker, change in the caretaker's
status, or inability of
the caretaker to perform effectively for
the individual;
(c) Abuse, neglect, or exploitation of the individual;
(d) Health and safety conditions that pose a serious risk to
the
individual or others of immediate harm or death;
(e) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be
reasonably provided by the individual's existing caretaker.
(2)
"Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(3)
"Priority" means any situation that would constitute an
emergency
except that action to resolve the situation may be taken
in more than thirty
but less than ninety days without creating a
risk of substantial harm to self
or others.
(B) If a county board of mental
retardation and
developmental disabilities determines that
available resources are
not sufficient to meet the needs of all
individuals who request
programs and services and may be offered
the programs and
services, it shall establish waiting lists for
services. The
board may establish priorities for making placements on its
waiting lists according to an individual's emergency
or priority
status
and shall establish priorities in accordance with division
(D) of this section.
The individuals who may be placed on a waiting list include
individuals
with a need for services on an emergency
or priority
basis and individuals who
have requested services for which
resources are not available.
An
Except for an individual who is to receive priority for
services pursuant to division (D)(1)(d) of this section, an
individual who currently receives a service but would like
to
change
to another service shall not be placed on a waiting list
but shall be placed
on a service substitution
waiting list. The
board
shall work with the individual,
service providers, and all
appropriate entities to facilitate the change in
service as
expeditiously as possible. The board may establish priorities for
making placements on its service substitution
waiting lists
according to
an
individual's emergency
or priority status.
In addition to maintaining waiting lists and service
substitution
waiting lists,
a board shall maintain a long-term
service
planning registry for individuals
who wish to record their
intention
to request in the future a service they are not
currently receiving. The
purpose of the registry is to enable
the
board to document requests and to plan appropriately. The board
may not
place an individual on the registry who meets the
conditions for receipt of
services on an emergency
or priority
basis.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age
children;
(4) Case management services;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate
for
persons with
mental retardation or a developmental disability
according to their
individual habilitation or service plans;
(8) Family support services provided under section 5126.11
of the Revised
Code.
(D)(1) In accordance with the county board's plan approved
under section 5123.046 of the Revised Code and except as provided
in division (D)(2) of this section, a county board shall give an
individual who is eligible for home or community-based services
and meets any of the following requirements priority over any
other individual on a waiting list established under division (C)
of this section other than an individual placed on the waiting
list on an emergency status:
(a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caretaker who is sixty years of age or older;
(b) Is less than twenty-two years of age, does not receive
residential services or supported living, resides in the home of
the individual's family, and has at least one of the following:
(i) Service needs that the county board determines are
unusual in scope or intensity due to severe behavior problems for
which a behavior support plan is needed;
(ii) An emotional disorder for which anti-psychotic
medication is needed;
(iii) A medical condition that leaves the individual
dependent on life-support medical technology;
(iv) A condition affecting multiple body systems for which
a combination of specialized medical, psychological, educational,
or habilitation services are needed;
(v) A condition the county board determines to be
comparable in severity to any condition described in division
(D)(1)(b)(i) to (iv) of this section and places the individual at
significant risk of institutionalization.
(c) Is twenty-two years of age or older and is determined
by the county board to have intensive needs for residential
services on an in-home or out-of-home basis;
(d) Resides in an intermediate care facility for the
mentally retarded or nursing facility and chooses to move to
another setting.
(2) No more than two hundred individuals in the state may
receive priority for services during state fiscal years 2002 and
2003 pursuant to division (D)(1)(b) of this section. No more than
seventy-five individuals in the state may receive priority for
services during state fiscal years 2002 and 2003 pursuant to
division (D)(1)(d) of this section.
(E) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with
this section and rules that the
department of
mental retardation and developmental disabilities
shall adopt in
accordance with Chapter 119. of the Revised Code.
The
department's rules shall include procedures to be followed to
ensure that the due process rights of individuals placed on
waiting lists are not violated.
Prior to placing an individual on a waiting list, the county
board
shall assess the service needs of the individual in
accordance
with all applicable state and federal laws. The county
board
shall place the individual on the appropriate waiting list
and
may place the individual on more than one waiting list.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the
waiting list. If it determines that an individual needs a program
or
service other than the one for which the individual is on the
waiting list,
the county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the
program or service in accordance with the board's
policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates
that the individual continues to need the program or
service, the
board shall offer the program or service to the
individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list.
If it determines that an individual needs a program
or service other than the
one for which the individual is on the
waiting list, the
county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the program or
service in accordance with the board's
policy for waiting lists.
(E)(F) A child subject to a determination made pursuant to
section
121.38 of the Revised Code who requires the home
and
or
community-based services provided through the
medical assistance
waiver
programs operated
medicaid component that the department of
mental retardation and developmental disabilities administers
under
sections 5111.87 and 5111.88
section 5111.871 of the
Revised
Code shall
receive services through
the waiver programs
adopted
under Chapters 5111.,
5123., and 5126. of the Revised
Code
that
medicaid component. For all other services, a child subject
to a
determination
made pursuant to section 121.38 of the Revised Code
shall
be
treated as an emergency by the county boards and shall
not be
subject to a
waiting list.
(F)(G) Not later than the fifteenth day of
March of each
even-numbered year, each county board
shall prepare and submit to
the director of mental
retardation and developmental disabilities
its recommendations for the funding
of services for individuals
with mental retardation and developmental
disabilities and its
proposals for reducing the waiting lists for services.
(G)(H) The following shall take precedence over the
applicable
provisions of this section:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid
state plan amendment or waiver program that a county
board has authority to
administer or with respect to which it has
authority to provide services,
programs, or supports.
Sec. 5126.046. For the purpose of obtaining additional
federal medicaid funds for home or community-based services,
medicaid case management services, and habilitation center
services, a county board of mental retardation and developmental
disabilities may do both of the following:
(A) Transfer an individual with mental retardation or other
developmental disability who meets all of the following
requirements to home or community-based services that include
supported living or family support services:
(1) Is twenty-two years of age or older;
(2) Receives supported living or family support services;
(3) Is eligible for the home or community-based services.
(B) Transfer an individual with mental retardation or other
developmental disability who meets all of the following
requirements to home or community-based services that include
adult services:
(1) Receives adult services;
(2) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
the transfer;
(3) Is eligible for the home or community-based services.
Sec. 5126.047. (A) Each county board of mental retardation
and developmental disabilities that has local administrative
authority under division (A) of section 5126.055 of the Revised
Code for habilitation, vocational, or community employment
services provided as part of home or community-based services
shall create a list of all persons and government entities
eligible to provide such habilitation, vocational, or community
employment services. If the county board chooses and is eligible
to provide such habilitation, vocational, or community employment
services, the county board shall include itself on the list. The
county board shall make the list available to each individual with
mental retardation or other developmental disability who resides
in the county and is eligible for such habilitation, vocational,
or community employment services. The county board shall also
make the list available to such individuals' families.
An individual with mental retardation or other
developmental disability who is eligible for habilitation,
vocational, or community employment services may choose the
provider of the services.
If a county board has local administrative authority under
division (A) of section 5126.055 of the Revised Code for
habilitation, vocational, and community employment services
provided as part of home or community-based services, the county
board shall pay the nonfederal share of the habilitation,
vocational, and community employment services when required by
section 5126.056 of the Revised Code. The department of mental
retardation and developmental disabilities shall pay the
nonfederal share of such habilitation, vocational, and community
employment services when required by section 5123.047 of the
Revised Code.
(B) Each month, the department of mental retardation and
developmental disabilities shall create a list of all persons and
government entities eligible to provide residential services and
supported living. The department shall include on the list all
residential facilities licensed under section 5123.19 of the
Revised Code and all supported living providers certified under
section 5126.431 of the Revised Code. The department shall
distribute the monthly lists to county boards that have local
administrative authority under division (A) of section 5126.055 of
the Revised Code for residential services and supported living
provided as part of home or community-based services. A county
board that receives a list shall make it available to each
individual with mental retardation or other developmental
disability who resides in the county and is eligible for such
residential services or supported living. The county board shall
also make the list available to the families of those individuals.
An individual who is eligible for residential services or
supported living may choose the provider of the residential
services or supported living.
If a county board has local administrative authority under
division (A) of section 5126.055 of the Revised Code for
residential services and supported living provided as part of home
or community-based services, the county board shall pay the
nonfederal share of the residential services and supported living
when required by section 5126.056 of the Revised Code. The
department shall pay the nonfederal share of the residential
services and supported living when required by section 5123.047 of
the Revised Code.
(C) If a county board that has local administrative
authority under division (A) of section 5126.055 of the Revised
Code for home or community-based services violates the right
established by this section of an individual to choose a provider
that is qualified and willing to provide services to the
individual, the individual shall receive timely notice that the
individual may request a hearing under section 5101.35 of the
Revised Code.
(D) The departments of mental retardation and developmental
disabilities and job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code governing the
implementation of this section. The rules shall include
procedures for individuals to choose their service providers. The
rules shall not be limited by a provider selection system
established under section 5126.42 of the Revised Code, including
any pool of providers created pursuant to a provider selection
system.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall:
(1) Administer and operate facilities, programs, and
services as provided by this chapter and Chapter 3323. of the
Revised Code and establish policies for their administration and
operation;
(2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education
services
pursuant to Chapters 3317.
and
3323. of the Revised Code and
ensure that related services, as
defined in section 3323.01 of the
Revised Code, are available
according to the plan and priorities
developed under section 5126.04
of the Revised Code;
(5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide case management services, as defined in rules
adopted by the director of mental retardation and developmental
disabilities, in accordance with section 5126.15 of the Revised
Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities.
(B) To the extent that rules adopted under this section
apply to the identification and placement of handicapped children
under Chapter 3323. of the Revised Code, they shall be consistent
with the standards and procedures established under sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other
such boards and with public or private, nonprofit, or
profit-making agencies or organizations of the same or another
county, to provide the facilities, programs, and services
authorized or required, upon such terms as may be agreeable, and
in accordance with this chapter and Chapter 3323. of the Revised
Code and rules adopted thereunder and in accordance with sections
307.86 and 5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.051. (A) To the extent that resources are
available, a county board of mental retardation and developmental
disabilities
may
shall provide for or arrange residential services
and
supported
living for individuals with mental retardation and
developmental disabilities.
A county board may acquire, convey, lease, or sell property
for residential services and supported living and enter into loan
agreements,
including mortgages, for the acquisition of such
property. A
county board is not required to comply with
provisions of Chapter
307. of the Revised Code providing for
competitive bidding or
sheriff sales in the acquisition, lease,
conveyance, or sale of
property under this division, but the
acquisition, lease,
conveyance, or sale must be at fair market
value determined by
appraisal of one or more disinterested persons
appointed by the
board.
Any action taken by a county board under this division that
will incur debt on the part of the county shall be taken in
accordance with Chapter 133. of the Revised Code. A county board
shall not incur any debt on the part of the county without the
prior approval of the board of county commissioners.
(B)(1) To the extent that resources are available, in
addition to sheltered employment and work activities provided as
adult services pursuant to division (A)(3) of section
5126.05 of
the Revised Code, a county board of mental retardation
and
developmental disabilities may provide or arrange for job
training, vocational evaluation, and community employment
services
to mentally retarded and developmentally disabled
individuals who
are age eighteen and older and not enrolled in a
program or
service under Chapter 3323. of the Revised Code or age
sixteen or
seventeen and eligible for adult services under rules
adopted by
the director of mental retardation and developmental
disabilities
under Chapter 119. of the Revised Code. These
services shall be
provided in accordance with the individual's
individual service or
habilitation plan and shall include support
services specified in
the plan.
(2) A county board may, in cooperation with the Ohio
rehabilitation services commission, seek federal funds for job
training and community employment.
(3) A county board may contract with any agency, board, or
other entity that is accredited by the commission on
accreditation
of rehabilitation facilities to provide services. A county
board
that is accredited by the commission on
accreditation of
rehabilitation facilities may provide services
for which it is
certified by the commission.
(C) To the extent that resources are available, a county
board may provide services to an individual with mental
retardation or
other developmental disability in addition to those
provided
pursuant to this section, section 5126.05 of the Revised
Code, or any other section of this chapter. The services
shall be
provided in accordance with the
individual's habilitation or
service plan and may be provided in
collaboration with other
entities of state or local government.
Sec. 5126.054. (A) Each county board of mental retardation
and developmental disabilities shall, by resolution, develop a
three-calendar year plan that includes all of the following
components:
(1) An assessment component that includes all of the
following:
(a) The number of individuals with mental retardation or
other developmental disability residing in the county who need
medicaid case management services and habilitation center
services;
(b) The number of individuals with mental retardation or
other developmental disability residing in the county who need the
level of care provided by an intermediate care facility for the
mentally retarded and may seek home or community-based services,
the service needs of those individuals, and the projected
annualized cost for services;
(c) The source of funds available to the county board to pay
the nonfederal share of medicaid expenditures that the county
board is required by division (A) of section 5126.056 of the
Revised Code to pay;
(d) Any other applicable information or conditions that the
department of mental retardation and developmental disabilities
requires as a condition of approving the plan under section
5123.046 of the Revised Code.
(2) A component that provides for the recruitment,
training, and retention of the direct care staff necessary to
implement services included in individualized service plans,
including behavior management services and health management
services such as delegated nursing and other habilitation
services, and protect the health and welfare of individuals
receiving services included in the individual's individualized
service plan by complying with safeguards for unusual and major
unusual incidents, day-to-day program management, and other
requirements the department shall identify. A county board shall
develop this component in collaboration with providers of
medicaid-funded services with which the county board contracts. A
county board shall include all of the following in the component:
(a) The source and amount of funds available for the
component;
(b) A plan and timeline for implementing the component with
the medicaid providers under contract with the county board;
(c) The mechanisms the county board shall use to ensure the
financial and program accountability of the medicaid provider's
implementation of the component.
(3) A component that provides for the implementation of
habilitation center services, medicaid case management services,
and home or community-based services. A county board shall
include all of the following in the component:
(a) If the department of mental retardation and
developmental disabilities or department of job and family
services requires, an agreement to pay the nonfederal share of
medicaid expenditures that the county board is required by
division (A) of section 5126.056 of the Revised Code to pay;
(b) How the services are to be phased in over the period
the plan covers, including how the county board will make
transfers under section 5126.046 of the Revised Code and serve
individuals on a waiting list established under division (C) of
section 5126.042 who are given priority status under division (D)
of that section;
(c) Any agreement or commitment regarding the county
board's funding of home or community-based services that the
county board has with the department at the time the county board
develops the component;
(d) Assurances adequate to the department that the county
board will comply with all of the following requirements:
(i) To use any additional funds the county board receives
for the services to improve the county board's resource
capabilities for supporting such services available in the county
at the time the component is developed and to expand the services
to accommodate the unmet need for those services in the county;
(ii) To employ a business manager who is either a new
employee who has earned at least a bachelor's degree in business
administration or a current employee who has the equivalent
experience of a bachelor's degree in business administration. If
the county board will employ a new employee, the county board
shall include in the component a timeline for employing the
employee.
(iii) To employ a medicaid services manager who is either a
new employee who has earned at least a bachelor's degree or a
current employee who has the equivalent experience of a bachelor's
degree. If the county board will employ a new employee, the
county board shall include in the component a timeline for
employing the employee.
(e) An agreement to comply with the method, developed under
section 5123.0413 of the Revised Code in consultation with the
department and the department of job and family services, of
paying for extraordinary costs, including extraordinary costs for
services to individuals with mental retardation or other
developmental disability, and ensuring the availability of
adequate funds in the event a county property tax levy for
services for individuals with mental retardation or other
developmental disability fails;
(f) Programmatic and financial outcomes expected from the
implementation of the plan;
(g) Any other applicable information or conditions that the
department requires as a condition of approving the plan under
section 5123.046 of the Revised Code.
(B) For the purpose of obtaining the department's approval
under section 5123.046 of the Revised Code of the plan the county
board develops under division (A) of this section, a county board
shall do both of the following:
(1) Submit the components required by divisions (A)(1) and
(2) of this section to the department not later than July 15,
2001;
(2) Submit the component required by division (A)(3) of
this section to the department not later than October 1, 2001.
(C) A county board whose plan developed under division (A)
of this section is approved by the department under section
5123.046 of the Revised Code shall update and renew the plan in
accordance with a schedule the department shall develop.
Sec. 5126.055.
(A) Except as provided in division (G) of
this section, a county board of mental retardation and
developmental disabilities with an approved plan under section
5123.046 of the Revised Code has local administrative authority to
do all of the following for an individual with mental retardation
or other developmental disability who resides in the county that
the county board serves and seeks or receives home or
community-based services:
(1) Perform assessments and evaluations of the individual.
As part of the assessment and evaluation process, the county board
shall do all of the following:
(a) Make a recommendation to the department of mental
retardation and developmental disabilities on whether the
department should approve or deny the individual's application for
the services, including on the basis of whether the individual
needs the level of care an intermediate care facility for the
mentally retarded provides;
(b) If the individual's application is denied because of the
county board's recommendation and the individual requests a
hearing under section 5101.35 of the Revised Code, present, with
the department of mental retardation and developmental
disabilities or department of job and family services, whichever
denies the application, the reasons for the recommendation and
denial at the hearing;
(c) If the individual's application is approved, recommend
to the departments of mental retardation and developmental
disabilities and job and family services the services that should
be included in the individual's individualized service plan and,
if either department reduces, denies, or terminates a service
included in the individual's individualized service plan under
section 5111.871 of the Revised Code because of the county board's
recommendation, present, with the department that made the
reduction, denial, or termination, the reasons for the
recommendation and reduction, denial, or termination at a hearing
under section 5101.35 of the Revised Code.
(2) In accordance with the rules adopted under section
5126.047 of the Revised Code, perform the county board's duties
under that section regarding assisting the individual's right to
choose a qualified and willing provider of the services and, at a
hearing under section 5101.35 of the Revised Code, present
evidence of the process for appropriate assistance in choosing
providers;
(3) Unless the county board provides the services under
division (A)(4) of this section, contract with the person or
government entity the individual chooses in accordance with
section 5126.047 of the Revised Code to provide the services if
the person or government entity is qualified and agrees to provide
the services. The contract shall require the provider to agree to
furnish, in accordance with the provider's medicaid provider
agreement and for the authorized reimbursement rate, the services
the individual requires.
(4) If the county board is accredited under section
5126.081 of the Revised Code to provide the services and agrees to
provide the services to the individual and the individual chooses
the county board to provide the services, furnish, in accordance
with the county board's medicaid provider agreement and for the
authorized reimbursement rate, the services the individual
requires;
(5) Monitor the services provided to the individual and
ensure the individual's health, safety, and welfare. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services.
(B) Except as provided in division (G) of this section, a
county board with an approved plan under section 5123.046 of the
Revised Code has local administrative authority to do all of the
following for an individual with mental retardation or other
developmental disability who resides in the county that the county
board serves and seeks or receives medicaid case management
services or habilitation center services, other than habilitation
center services for which a school district is required by
division (E) of section 5111.041 of the Revised Code to pay the
nonfederal share:
(1) Perform assessments and evaluations of the individual
for the purpose of recommending to the departments of mental
retardation and developmental disabilities and job and family
services the services that should be included in the individual's
individualized service plan;
(2) If the department of mental retardation and
developmental disabilities or department of job and family
services reduces, denies, or terminates a service included in the
individual's individualized service plan under section 5111.041 or
5111.042 of the Revised Code because of the county board's
recommendation under division (B)(1) of this section, present,
with the department that made the reduction, denial, or
termination, the reasons for the recommendation and reduction,
denial, or termination at a hearing under section 5101.35 of the
Revised Code and inform the individual that the individual may
file a complaint with the county board under section 5126.06 of
the Revised Code at the same time the individual pursues an appeal
under section 5101.35 of the Revised Code;
(3) In accordance with rules the departments of mental
retardation and developmental disabilities and job and family
services shall adopt in accordance with Chapter 119. of the
Revised Code governing the process for individuals to choose
providers of medicaid case management services and habilitation
center services, assist the individual in choosing the provider of
the services. The rules shall provide for both of the following:
(a) The county board providing the individual up-to-date
information about qualified providers that the department of
mental retardation and developmental disabilities shall make
available to the county board;
(b) If the individual chooses a provider who is qualified
and willing to provide the services but is denied that provider,
the individual receiving timely notice that the individual may
request a hearing under section 5101.35 of the Revised Code and,
at the hearing, the county board presenting evidence of the
process for appropriate assistance in choosing providers.
(4) Unless the county board provides the services under
division (B)(5) of this section, contract with the person or
government entity that the individual chooses in accordance with
the rules adopted under division (B)(3) of this section to provide
the services if the person or government entity is qualified and
agrees to provide the services. The contract shall require the
provider to agree to furnish, in accordance with the provider's
medicaid provider agreement and for the authorized reimbursement
rate, the services the individual requires.
(5) If the county board is accredited under section
5126.081 of the Revised Code to provide the services and agrees to
provide the services to the individual and the individual chooses
the county board to provide the services, furnish, in accordance
with the county board's medicaid provider agreement and for the
authorized reimbursement rate, the services the individual
requires;
(6) Monitor the services provided to the individual. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services.
(C) A county board shall perform its local administrative
authority under this section in accordance with all of the
following:
(1) The county board's plan that the department of mental
retardation and developmental disabilities approves under section
5123.046 of the Revised Code;
(2) All applicable federal and state laws;
(3) All applicable policies of the departments of mental
retardation and developmental disabilities and job and family
services and the United States department of health and human
services;
(4) The department of job and family services' supervision
under its authority under section 5111.01 of the Revised Code to
act as the single state medicaid agency;
(5) The department of mental retardation and developmental
disabilities' oversight.
(D) The departments of mental retardation and developmental
disabilities and job and family services shall communicate with
and provide training to county boards regarding local
administrative authority granted by this section. The
communication and training shall include issues regarding audit
protocols and other standards established by the United States
department of health and human services that the departments
determine appropriate for communication and training. County
boards shall participate in the training. The departments shall
assess the county board's compliance against uniform standards
that the departments shall establish.
(E) A county board may not delegate its local
administrative authority granted under this section but may
contract with a person or government entity, including a council
of governments, for assistance with its local administrative
authority. A county board that enters into such a contract shall
notify the director of mental retardation and developmental
disabilities. The notice shall include the tasks and
responsibilities that the contract gives to the person or
government entity. The person or government entity shall comply
in full with all requirements to which the county board is subject
regarding the person or government entity's tasks and
responsibilities under the contract. The county remains
ultimately responsible for the tasks and responsibilities.
(F) A county board that has local administrative authority
under this section shall, through the departments of mental
retardation and developmental disabilities and job and family
services, reply to, and cooperate in arranging compliance with, a
program or fiscal audit or program violation exception that a
state or federal audit or review discovers. The department of job
and family services shall timely notify the department of mental
retardation and developmental disabilities and the county board of
any adverse findings. After receiving the notice, the county
board, in conjunction with the department of mental retardation
and developmental disabilities, shall cooperate fully with the
department of job and family services and timely prepare and send
to the department a written plan of correction or response to the
adverse findings. The county board is liable for any adverse
findings that result from an action it takes or fails to take in
its implementation of local administrative authority.
(G)(1) If the department of mental retardation and
developmental disabilities or department of job and family
services determines that a county board's implementation of its
local administrative authority under this section is deficient,
the department that makes the determination shall require that
county board do the following:
(a) If the deficiency affects the health, safety, or
welfare of an individual with mental retardation or other
developmental disability, correct the deficiency within
twenty-four hours;
(b) If the deficiency does not affect the health, safety,
or welfare of an individual with mental retardation or other
developmental disability, submit a plan of correction to the
department that is acceptable to the department within sixty days
and correct the deficiency within the time required by the plan of
correction.
(2) If the county board fails to correct a deficiency
within the time required by division (G)(1) of this section to the
satisfaction of the department, or submit an acceptable plan of
correction within the time required by division (G)(1)(b) of this
section, the department shall do one of the following until the
county board's local administrative authority is restored under
division (G)(3) of this section:
(a) Assign the county board's local administrative authority
to one or more other county boards or a regional council
established under section 5126.13 of the Revised Code;
(b) Contract with a person or government entity that
provides management services but not medicaid-funded services to
perform the local administrative authority.
(3) If the department takes action under division (G)(2) of
this section, the department of mental retardation and
developmental disabilities shall closely monitor all aspects of
the county board's implementation of a plan of correction. The
department shall restore the county board's local administrative
authority when the department is satisfied that the county board
has successfully implemented all parts of the plan of correction
and is capable of adhering to medicaid standards.
Sec. 5126.056. (A) A county board of mental retardation and
developmental disabilities that has local administrative authority
under division (A) of section 5126.055 of the Revised Code for
home or community-based services shall pay the nonfederal share of
medicaid expenditures for such services provided to an individual
with mental retardation or other developmental disability who the
county board determines under section 5126.041 of the Revised Code
is eligible for county board services.
A county board that has local administrative authority under
division (B) of section 5126.055 of the Revised Code for medicaid
case management services shall pay the nonfederal share of
medicaid expenditures for such services provided to an individual
with mental retardation or other developmental disability who the
county board determines under section 5126.041 of the Revised Code
is eligible for county board services unless division (B)(2) of
section 5123.047 of the Revised Code requires the department of
mental retardation and developmental disabilities to pay the
nonfederal share.
A county board shall pay the nonfederal share of medicaid
expenditures for habilitation center services when required to do
so by division (D) of section 5111.041 of the Revised Code.
(B) A county board may use the following funds to pay the
nonfederal share of the services that the county board is required
by division (A) of this section to pay:
(1) To the extent consistent with the levy that generated
the taxes, the following taxes:
(a) Taxes levied pursuant to division (L) of section 5705.19
of the Revised Code and section 5705.222 of the Revised Code;
(b) Taxes levied under section 5705.191 of the Revised Code
that the board of county commissioners allocates to the county
board to pay the nonfederal share of the services.
(2) Funds that the department of mental retardation and
developmental disabilities distributes to the county board under
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the
Revised Code;
(3) Funds that the department allocates to the county board
for habilitation center services provided under section 5111.041
of the Revised Code;
(4) Earned federal revenue funds the county board receives
for medicaid services the county board provides pursuant to the
county board's valid medicaid provider agreement.
(C) If by December 31, 2001, the United States secretary of
health and human services allows for at least five hundred
additional individuals to receive home or community-based
services, each county board shall provide, by the last day of each
calendar year, assurances to the department of mental retardation
and developmental disabilities that the county board will have the
following amount available to pay the nonfederal share of the
services that the county board is required by division (A) of this
section to pay:
(1) For calendar year 2003, at least one-third of the value
of one-half, effective mill levied in the county the preceding
year;
(2) For calendar year 2004, at least two-thirds of the
value of one-half, effective mill levied in the county the
preceding year;
(3) For calendar year 2005 and each calendar year
thereafter, at least the value of one-half, effective mill levied
in the county the preceding year.
(D) Each year, each county board shall adopt a resolution
specifying the amount of funds it will use in the next year to pay
the nonfederal share of the services that the county board is
required by division (A) of this section to pay. The amount
specified shall be adequate to assure that the services will be
available in the county in a manner that conforms to all
applicable state and federal laws. A county board shall state in
its resolution that the payment of the nonfederal share represents
an ongoing financial commitment of the county board. A county
board shall adopt the resolution in time for the county auditor to
make the determination required by division (E) of this section.
(E) Each year, a county auditor shall determine whether the
amount of funds a county board specifies in the resolution it
adopts under division (D) of this section will be available in the
following year for the county board to pay the nonfederal share of
the services that the county board is required by division (A) of
this section to pay. The county auditor shall make the
determination not later than the last day of the year before the
year in which the funds are to be used.
Sec. 5126.12. (A) As used in this section:
(1)
"Approved school age
unit
class" means a class
or unit
operated by a
county board of
mental
retardation and developmental
disabilities and
approved
funded by the
state board
department of
education under
division (D) of section
3317.05
3317.20
of the
Revised Code.
(2)
"Approved preschool unit" means a class or unit operated
by a
county board of mental retardation and developmental
disabilities and approved
by the state board of education under
division (B) of section 3317.05
of the Revised Code.
(3)
"Active treatment" means a continuous treatment
program,
which includes aggressive, consistent implementation of
a program
of specialized and generic training, treatment, health
services,
and related services, that is directed toward the
acquisition of
behaviors necessary for an individual with mental retardation
or
other developmental disability to function with
as much
self-determination and independence as possible and
toward the
prevention of deceleration, regression, or loss of
current optimal
functional status.
(4)
"Eligible for active treatment" means that an
individual
with
mental retardation or other developmental disability resides
in an
intermediate care facility for the mentally retarded
certified
under Title XIX of the
"Social Security Act," 49 Stat.
620
(1935), 42 U.S.C. 301, as amended; resides in a state
institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in a home and
community-based services waiver program administered by
the
department of mental retardation and developmental
disabilities as
part of the medical assistance
program established under section
5111.01 of the Revised Code.
(5)
"Community alternative funding system" means the
program
under which habilitation
center services are reimbursed under
the
medical
assistance
medicaid program pursuant to section 5111.041
of
the Revised
Code and rules adopted under that section.
(6)
"Community employment program" means community
employment
services provided outside of a sheltered workshop
setting under
which the person earns competitive wages for the
performance of
work.
(7)
"Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental disabilities shall certify to the director of
mental
retardation and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for handicapped children in approved
school age
units
classes;
(c) Adult services for persons sixteen years of age and
older operated pursuant to section 5126.05 and division (B) of
section 5126.051 of the Revised Code. Separate counts shall be
made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment under the
community alternative funding system;
(ii) Persons enrolled in traditional adult services who
are
eligible for and enrolled in active treatment under the
community
alternative funding system;
(iii) Persons enrolled in traditional adult services but
who
are not eligible for active treatment under the community
alternative funding system;
(iv) Persons participating in community employment
services.
To be counted as participating in community employment
services, a
person must have spent an average of no less than
ten hours per
week in that employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county
shall be reported on forms prescribed by the department of
mental
retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership
therefrom, except that
certification
of average daily membership
in approved school age
units
classes shall be
in accordance with
rules adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the
number of days the program or
service was
offered
in that week.
No
enrollee may be counted in average daily
membership for more
than
one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day
of March, an itemized
report
of all income and operating expenditures for the
immediately
preceding calendar year, in the format specified by
the department of
mental
retardation and developmental
disabilities;
(4) By the fifteenth day of February, a report of the
total
annual cost per enrollee for operation of
programs and services in
the preceding calendar year. The report
shall include a grand
total of all programs operated, the cost of
the individual
programs, and the sources of funds applied to each
program.
(5) That each required certification and report is in
accordance with rules established by the department of mental
retardation and developmental disabilities and the state board of
education for the operation and subsidization of the programs and
services.
(C) To compute payments under this section to the board
for
the fiscal year, the department of mental retardation and
developmental disabilities shall use the
certification of
average
daily membership required by division (B)(1) of this
section
exclusive of the average daily membership in any approved
school
age
unit
class and the number in any approved preschool
unit.
(D) The department shall pay each county board for each
fiscal
year an amount equal to nine hundred fifty dollars
times
the
certified number of persons who on the
first day of December
of the academic year are under three
years of age and are not in
an approved preschool
unit. For persons who are
at least age
sixteen and are not in an approved school age
unit
class, the
department shall pay
each county board for each fiscal year the
following amounts:
(1) One thousand dollars times the certified average daily
membership of persons enrolled in traditional adult services who
are eligible for but not enrolled in active treatment under the
community alternative funding system;
(2) One thousand two hundred dollars times the certified
average daily membership of persons enrolled in traditional adult
services who are eligible for and enrolled in active treatment
under the community alternative funding system;
(3) No less than one thousand five hundred dollars times
the
certified average daily membership of persons enrolled in
traditional adult services but who are not eligible for active
treatment under the community alternative funding system;
(4) No less than one thousand five hundred dollars times
the
certified average daily membership of persons participating
in
community employment services.
(E) The department shall distribute this subsidy to county
boards in semiannual installments of equal amounts. The
installments shall be made not later
than the thirty-first day of
August and the thirty-first day of
January.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of
the statewide average cost of those services minus any
applicable
federal reimbursements for those services. The
director shall
advise the director of budget and management of
the need for any
such increases when submitting the biennial
appropriations request
for the department.
(G) In determining the reimbursement of a county board for
the provision of case management and family support
services and
other services required or approved by the director for which
children three through twenty-one years of age are eligible, the
department shall include the average daily membership in approved
school age or preschool units. The department, in accordance with
this
section and upon receipt and approval of the certification
required
by this section and any other information it requires to
enable it to
determine a board's payments, shall pay the agency
providing the
specialized training the amounts payable under this
section.
Sec. 5126.18. (A) The department of mental retardation and
developmental
disabilities
may pay to each county board of mental
retardation and developmental disabilities whose hypothetical
local revenue per enrollee is less than the hypothetical
statewide
average revenue per enrollee the amount computed under division
(B) of this section.
The department may make the payment to a
county board only if the plan the county board develops under
section 5126.054 of the Revised Code is approved under section
5123.046 of the Revised Code. If this section
is implemented in
any year,
payments shall be made
on or before the thirtieth day of
September.
(B) Except as provided in division (C) of this section,
the
amount to be paid to a county board shall be equal to the
following:
(1) If the county board's effective tax rate is equal to
or
greater than one mill, the product obtained
by multiplying the
following two quantities:
(a) The amount by which the hypothetical statewide average
revenue per enrollee exceeds the county board's hypothetical
local
revenue per enrollee;
(b) The county board's infant and adult enrollment.
(2) If the county board's effective tax rate is less than
one mill, the product obtained by multiplying
the following three
quantities:
(a) The amount by which the hypothetical statewide average
revenue per enrollee exceeds the county board's hypothetical
local
revenue per enrollee;
(b) The county board's infant and adult enrollment;
(c) The quotient obtained by dividing the county board's
effective tax rate by one mill.
(C)(1) For each individual who is enrolled in active
treatment under the community alternative funding system as
defined in section 5126.12 of the Revised Code, the
department may
reduce the portion of the payment made under this
section for
that
individual by fifty per cent or less.
(2) If, in any year, an appropriation by the general
assembly to the department for purposes of this
section is less
than the total amount required to make, in full,
the payments as
determined under and authorized by this section,
the department
shall pay each county board the same percentage of
the board's
payment as determined under this section without
regard to this
division that the amount of the appropriation
available for
purposes of this section is of the total amount of
payments as
determined under this section without regard to this
division.
(3) Payments made to a county board pursuant to this section
shall not exceed
thirty per cent of the payments made to that
board pursuant to section 5126.12
of the Revised Code.
(D) Payments made under this section are supplemental to
all
other state or federal funds for which county boards are
eligible
and shall be made from funds appropriated for purposes
of this
section.
The
A county board shall use the payments
shall be used
solely
for the
development
and implementation of early
intervention services for
individuals
included in the board's
infant enrollment and adult
services for
individuals included in
the board's adult
enrollment
to pay the nonfederal share of
medicaid expenditures that division (A) of section 5126.056 of the
Revised Code requires the county board to pay.
(E) Each county board that receives a payment under this
section shall, for each year it receives a payment, certify to
the
department that it will make a good faith effort to obtain
revenues, including federal funds, for services to individuals
included in its infant and adult enrollment.
Sec. 5126.357. (A) As used in this section:
(1)
"In-home care" means the supportive services provided
within
the home of an individual who receives funding for the
services as a county
board client, including any client who
receives
residential services funded through
the medical
assistance program's home
and
or community-based services
waivers
administered
by the department of mental retardation and
developmental disabilities,
family support services provided under
section 5126.11 of the
Revised Code, or supported living provided
in accordance with sections
5126.41 to 5126.47 of the Revised
Code.
"In-home care" includes care that is provided outside a
client's
home in places incidental to the home, and while
traveling to places
incidental to the
home, except that
"in-home
care" does not include care provided
in the
facilities of a county
board of mental retardation and
developmental disabilities or care
provided in schools.
(2)
"Parent" means either parent of a child, including an
adoptive
parent but not a foster parent.
(3)
"Unlicensed in-home care worker" means an individual who
provides in-home care but is not a health care professional. A
county board
worker may be an unlicensed in-home care worker.
(4)
"Family member" means a parent, sibling, spouse, son,
daughter, grandparent, aunt, uncle, cousin, or guardian of the
individual with
mental retardation or a developmental disability
if the individual with mental
retardation or developmental
disabilities lives with the person and is
dependent on the person
to the extent that, if the supports were withdrawn,
another living
arrangement would have to be found.
(B) Except as provided in division (D) of this section,
a
family member of an individual with mental
retardation or a
developmental
disability may authorize an unlicensed in-home care
worker to
give or
apply prescribed medication or perform other
health care tasks as
part of the in-home care provided to the
individual, if the family member
is the primary supervisor of the
care and the unlicensed in-home care worker
has been selected by
the family member and is under the direct supervision of
the
family member. Sections 4723.62 and 5126.351 to 5126.356
of the
Revised Code do not apply to the in-home care
authorized by a
family member under this
section. Instead, a family member shall
obtain a prescription, if
applicable, and written instructions
from a health care
professional for the care to be provided to the
individual. The family
member shall authorize the unlicensed
in-home
care worker to provide the
care by preparing a written
document granting the authority.
The family member shall provide
the
unlicensed in-home care worker with
appropriate training and
written instructions in accordance with
the instructions obtained
from the health care professional.
(C) A family member who authorizes an unlicensed in-home
care worker to
give or apply prescribed medication or perform
other health care tasks retains
full responsibility for the health
and safety of
the individual receiving the care and for ensuring
that the worker
provides the care appropriately and safely. No
entity that funds or monitors the provision of in-home care
may be
held liable for the results of the
care provided under this
section by an unlicensed in-home care worker,
including
such
entities as the county board of mental retardation and
developmental disabilities, any other entity that employs an
unlicensed
in-home care worker, and the department of mental
retardation and
developmental
disabilities.
An unlicensed in-home care worker who is authorized under
this section by a
family member to provide care to an
individual
may not be held liable for
any
injury caused in providing the
care, unless the worker provides the care
in a manner that is not
in accordance with the training and
instructions received or the
worker acts in a manner that
constitutes wanton or reckless
misconduct.
(D) A county board of mental retardation and developmental
disabilities may evaluate the authority granted by a
family member
under
this section to an unlicensed in-home care worker at any
time it considers
necessary and shall evaluate the authority on
receipt of a complaint. If the
board determines that a family
member has
acted in a manner
that is inappropriate for the health
and safety of the individual receiving
the services, the
authorization granted by the family member to
an unlicensed
in-home care worker is void, and the
family member may not
authorize other
unlicensed in-home care workers to provide the
care. In making such a
determination, the board shall use
appropriately licensed health
care professionals and shall provide
the family member an
opportunity to file a complaint under section
5126.06 of the Revised Code.
Sec. 5126.431. (A) Pursuant to Chapter 119. of the
Revised
Code, the department of mental retardation and
developmental
disabilities shall adopt rules establishing
standards and
procedures for certification of persons and
government entities
that provide or propose to provide, under
contract with
the
department until July 1, 1995, or with a county
board of mental
retardation and developmental disabilities,
supported living for
individuals with mental retardation or
developmental disabilities.
The rules shall allow a person or government entity to
automatically satisfy a standard for certification under this
section if the person holds a current, valid license under section
5123.19 of the Revised Code to operate a residential facility and
had to satisfy the standard to obtain the residential facility
license.
(B) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt rules establishing quality assurance
standards for supported living provided to individuals by
providers certified under this section.
(C) The rules adopted under this section shall include the
following:
(1) Procedures for ensuring that providers comply with
section 5126.281 of the Revised Code;
(2) Methods of evaluating the services provided and
protecting the due process rights of any individual or entity
affected by an evaluation or decision made pursuant to this
section;
(3) Procedures for revoking certification.
(D)(1) Providers shall be evaluated to ensure that
services
are provided in a quality manner advantageous to the
individual
receiving the services. When evaluations are
conducted, the
following shall be considered:
(a) The provider's experience and financial
responsibility;
(b) The ability to comply with program standards for
supported living;
(c) The ability to meet the needs of the individuals
served;
(d)
The ability to work cooperatively with the department,
county boards, and other providers;
(e) Any other factor considered relevant.
(2) The records of evaluations conducted under this
section
are public records for purposes of section 149.43 of the
Revised
Code and shall be made available on request of any
person,
including individuals being served, individuals seeking
supported
living, and county boards.
(E) The department shall certify providers in accordance
with the rules adopted under this section. The department may
revoke a provider's certification for good cause, including
misfeasance, malfeasance, nonfeasance, confirmed abuse or
neglect,
financial irresponsibility, or other conduct the
department
determines is injurious to individuals being served.
Sec. 5139.01. (A) As used in this chapter:
(1)
"Commitment" means the transfer of the physical
custody
of a child or youth from the court to the department of
youth
services.
(2)
"Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services.
(3)
"Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and
duty
to train, protect, and control the child; the
responsibility to
provide the child with food, clothing, shelter, education,
and
medical
care; and the right to determine where and with whom the
child shall
live, subject to the minimum periods of, or periods
of,
institutional care
prescribed in section 2151.355 of the
Revised Code; provided,
that these rights and responsibilities are
exercised subject to
the powers, rights, duties, and
responsibilities of the guardian
of the person of the child, and
subject to any residual parental
rights and responsibilities.
(4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the
general
assembly and that is under the management and control of
the
department of youth services or a private entity with which
the department has
contracted for the institutional care and
custody of felony delinquents.
(5)
"Full-time care" means care for twenty-four hours a
day
for over a period of at least two consecutive weeks.
(6)
"Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2151.38 of the Revised Code or division (C) of section 5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law.
(7)
"Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of
the child's person.
(8)
"Discharge" means that the department of youth
services'
legal custody of a child is terminated.
(9)
"Release" means the termination of a child's stay in
an
institution and the subsequent period during which the child
returns to the
community under the terms and conditions of
supervised release.
(10)
"Delinquent child" has the same meaning as in section
2151.02 of the Revised Code.
(11)
"Felony delinquent" means any child who is at least
twelve years of age but less than eighteen years of age and who
is
adjudicated a delinquent child for having committed an act
that if
committed by an adult would be a felony.
"Felony
delinquent"
includes any adult who is between the ages of
eighteen and
twenty-one and who is in the legal custody of the
department of
youth services for having committed an act that if
committed by an
adult would be a felony.
(12)
"Juvenile traffic offender" has the same meaning as
in
section 2151.021 of the Revised Code.
(13)
"Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the
department of
youth services for the commission of an act, other
than a violation
of section 2911.01 or 2911.11 of the Revised
Code, that is a category
one offense or a category two offense
and
who are in the care and custody of an institution or have been
diverted
from care and custody in an institution and placed in a
community corrections
facility;
(b) Felony delinquents who, while committed to the
department of youth
services and in the care and custody of an
institution or a community
corrections facility, are adjudicated
delinquent children for having
committed
in that institution or
community corrections facility an act that if
committed by an
adult would be a felony;
(c) Children who satisfy all of the following:
(i) They are at least twelve years of age but less
than
eighteen years of age.
(ii) They are adjudicated delinquent
children for having
committed acts that if committed by an
adult would be a felony.
(iii) They are committed to the department of
youth services
by the juvenile court of a county that has had
one-tenth of one
per cent or less of the statewide adjudications
for felony
delinquents as averaged for the
past
four fiscal years.
(iv) They are in the care and custody of an institution or a
community
corrections facility.
(d) Felony delinquents who, while committed to the
department of youth
services and in the care and custody of an
institution, commit in that
institution an act that if committed
by an adult would be a felony, who are
serving disciplinary time
for
having
committed that act, and who have been institutionalized
or institutionalized
in a secure facility for the minimum period
of time specified in division
(A)(4) or (5) of section 2151.355 of
the Revised Code.
(e) Felony delinquents who are subject to and serving a
three-year
period of commitment order imposed by a juvenile court
pursuant
to division (A)(7) of section 2151.355 of the
Revised
Code for an act, other than a violation of
section 2911.11 of the
Revised Code, that would be a category one
offense or category two
offense if committed by an adult.
(f) Felony delinquents who are described in divisions
(A)(13)(a) to (e)
of this section, who have been granted a
judicial release under
division (B) of section 2151.38
of the
Revised Code or an early release under
division (C) of that
section
from the commitment to the department of youth services
for the
act described in divisions (A)(13)(a) to (e)
of this
section, who have violated the terms and conditions of
that
judicial release or early release, and who, pursuant to an
order
of the court of the county in which the particular felony
delinquent was placed on release that is issued pursuant to
division (D) of section 2151.38
of the Revised Code, have been
returned to the
department for institutionalization or
institutionalization in a
secure facility.
(g) Felony delinquents who have been
committed to the
custody of the department of youth services,
who have been granted
supervised release from the commitment
pursuant to section 5139.51
of the
Revised Code, who have violated the
terms and conditions of
that supervised release, and who, pursuant
to an order of the
court of the county in which the particular
child was placed on
supervised release issued pursuant to
division (F) of section
5139.52
of the Revised Code, have had the supervised
release
revoked and have been returned to the department for
institutionalization. A felony delinquent described in this
division
shall be a public safety bed only for the time during
which the
felony delinquent is institutionalized as a result of
the revocation
subsequent to the initial thirty-day period of
institutionalization required by division (F) of section 5139.52
of the Revised Code.
(14)
"State target youth" means twenty-five per cent of
the
projected total number of felony delinquents for each year of
a
biennium, factoring in revocations and recommitments.
(15) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36
of the Revised Code.
(16)
"Secure facility" means any facility that is designed
and operated to
ensure that all of its entrances and exits are
under the exclusive control of
its staff and to ensure that,
because of that exclusive control, no child who
has been
institutionalized in the facility may leave the facility without
permission or supervision.
(17)
"Community residential program" means a program that
satisfies both of
the following:
(a) It is housed in a building or other structure that has
no associated
major restraining construction, including, but not
limited to, a security
fence.
(b) It provides twenty-four-hour care, supervision, and
programs for felony
delinquents who are in residence.
(18)
"Category one offense" and
"category two offense" have
the same meanings
as in section 2151.26 of the Revised Code.
(19)
"Disciplinary time" means
additional time that the
department of youth services
requires a felony delinquent to serve
in an institution, that
delays the felony delinquent's planned
release, and that the
department imposes upon the felony
delinquent following the
conduct of an internal due process
hearing for
having committed any of the following acts while
committed to
the department and in the care and custody of an
institution:
(a) An act that if committed by an
adult would be a felony;
(b) An act that if committed by an
adult would be a
misdemeanor;
(c) An act that is not described in division (A)(19)(a)
or
(b) of this section and that violates an
institutional rule of
conduct of the department.
(20)
"Unruly child" has the same meaning as in section
2151.022 of the
Revised Code.
(21)
"Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52
of
the Revised Code.
(22)
"Release authority" means the release authority
of the
department of youth services that is established by section
5139.50 of the Revised Code.
(23)
"Supervised release" means the event of the
release of
a
child under this chapter from an institution and the period
after
that release during which the child is supervised and
assisted
by
an employee of the department of youth services under
specific
terms and
conditions for reintegration of the child into
the
community.
(24)
"Victim" means the person identified in a police
report,
complaint, or information as the victim of an act
that
would have
been a criminal offense if committed by an adult
and
that provided
the basis for adjudication proceedings
resulting in
a child's
commitment to the legal custody of the
department of
youth
services.
(25)
"Victim's representative" means a member of the
victim's
family or another person whom the victim or another
authorized
person
designates in writing,
pursuant to section
5139.56 of the
Revised Code, to
represent the victim with respect
to proceedings
of the release
authority of the department of youth
services and
with respect to other
matters specified in that
section.
(26)
"Member of the victim's family" means a spouse,
child,
stepchild, sibling, parent, stepparent, grandparent, other
relative,
or legal guardian of a child but does not include a
person charged
with, convicted of, or adjudicated a delinquent
child for committing a
criminal or delinquent act against the
victim or another criminal or
delinquent act arising
out of the
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim.
(27)
"Judicial release" means a release of a child
from
institutional care or institutional care in a secure facility
that
is granted by a court pursuant to division
(B) of section 2151.38
of the Revised Code during the period specified in that
division.
(28)
"Early release" means a release of a child from
institutional care or institutional care in a secure facility
that
is granted by a court pursuant to division (C) of section 2151.38
of the
Revised Code during the period specified in that division.
(29) "Juvenile justice system"
includes all of the functions
of the juvenile courts, the
department of youth services, any
public or private agency whose
purposes include the prevention of
delinquency or the diversion,
adjudication, detention, or
rehabilitation of delinquent children,
and any of the functions of
the criminal justice system that are
applicable to children.
(30) "Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 181.54 of the Revised Code.
(31) "Administrative planning district" means a district that
is established pursuant to division (A) or (B) of section 181.56
of the Revised Code.
(32) "Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division
(D) of section 181.56 of the Revised Code.
(33)
"Comprehensive plan" means a document that
coordinates,
evaluates, and otherwise assists, on an annual or
multi-year
basis,
all
of the functions of the
juvenile
justice
systems of
the state or a specified area of the
state,
that
conforms to the
priorities of the state with respect
to juvenile justice systems,
and that conforms with
the
requirements of all federal criminal
justice acts. These
functions
include, but are not limited to,
all
of the
following:
(a) Delinquency prevention;
(b) Identification, detection, apprehension, and detention
of persons charged with delinquent acts;
(c) Assistance to crime victims or witnesses, except that
the comprehensive plan does not include the functions of the
attorney general pursuant to sections 109.91 and 109.92 of the
Revised Code;
(d) Adjudication or diversion of persons charged with
delinquent acts;
(e) Custodial treatment of delinquent
children;
(f) Institutional and noninstitutional rehabilitation of
delinquent children.
(B) There is hereby created the department of youth
services. The governor shall appoint the director of the
department with the advice and consent of the senate. The
director shall hold office during the term of the appointing
governor but subject to removal at the pleasure of the governor.
Except as otherwise authorized in section 108.05 of the Revised
Code, the director shall devote the director's entire time
to the
duties of
the director's office and shall hold no other office or
position of trust or
profit during the director's term of office.
The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The
director
may adopt
rules for the government of the department, the conduct
of its
officers and employees, the performance of its business,
and the
custody, use, and preservation of the department's
records,
papers, books, documents, and property. The director
shall be an
appointing authority within the meaning of Chapter
124. of the
Revised Code. Whenever this or any other chapter or
section of
the Revised Code imposes a duty on or requires an
action of the
department, the duty or action shall be performed by
the director
or, upon the director's order, in the name of the
department.
Sec. 5139.11. The department of youth services shall do
all
of the following:
(A) Through a program of education, promotion, and
organization, form groups of local citizens and assist these
groups in conducting activities aimed at the prevention and
control of juvenile delinquency, making use of local people and
resources for the following purposes:
(1) Combatting local conditions known to contribute to
juvenile delinquency;
(2) Developing recreational and other programs for youth
work;
(3) Providing adult sponsors for delinquent children
cases;
(4) Dealing with other related problems of the locality;
(B) Advise local, state, and federal officials, public and
private agencies, and lay groups on the needs for and possible
methods of the reduction and prevention of juvenile delinquency
and the treatment of delinquent children;
(C) Consult with the schools and courts of this state on
the
development of programs for the reduction and prevention of
delinquency and the treatment of delinquents;
(D) Cooperate with other agencies whose services deal with
the care and treatment of delinquent children to the end that
delinquent children who are state wards may be assisted whenever
possible to a successful adjustment outside of institutional
care;
(E) Cooperate with other agencies in surveying,
developing,
and utilizing the recreational resources of a
community as a means
of combatting the problem of juvenile
delinquency and effectuating
rehabilitation;
(F) Hold district and state conferences from time to time
in
order to acquaint the public with current problems of juvenile
delinquency and develop a sense of civic responsibility toward
the
prevention of juvenile delinquency;
(G) Assemble and distribute information relating to
juvenile
delinquency and report on studies relating to community
conditions
that affect the problem of juvenile delinquency;
(H) Assist any community within the state by conducting a
comprehensive survey of the community's available public and
private resources, and recommend methods of establishing a
community program for combatting juvenile delinquency and crime,
but no survey of that type shall be conducted unless local
individuals and groups request it through their local
authorities,
and no request of that type shall be interpreted as
binding the
community to following the recommendations made as a
result of the
request;
(I) Evaluate the rehabilitation of children committed to
the
department and prepare and submit periodic reports to the
committing court for the following purposes:
(1) Evaluating the effectiveness of institutional
treatment;
(2) Making recommendations for early release where
appropriate and recommending terms and conditions for release;
(3) Reviewing the placement of children and recommending
alternative placements where appropriate.
(J) Coordinate dates for hearings to be conducted under
section 2151.38 of the Revised Code and assist in the transfer
and
release of children from institutionalization to the custody
of
the committing court;
(K)(1) Coordinate and assist juvenile justice systems by
doing the following:
(a) Performing juvenile justice system planning in the state,
including any planning that is required by any federal law;
(b) Collecting, analyzing, and correlating information and
data concerning the juvenile justice system in the state;
(c) Cooperating with and providing technical assistance to
state departments, administrative planning districts, metropolitan
county criminal justice services agencies, criminal justice
coordinating councils, and agencies, offices, and departments of
the juvenile justice system in the state, and other appropriate
organizations and persons;
(d) Encouraging and assisting agencies, offices, and
departments of the juvenile justice system in the state and other
appropriate organizations and persons to solve problems that
relate to the duties of the department;
(e) Administering within the state any juvenile justice acts
and programs
that the governor requires the department to
administer;
(f) Implementing the state comprehensive plans;
(g) Auditing grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the department;
(h) Monitoring or evaluating the performance of juvenile
justice system projects and programs in the state that are
financed in whole or in part by funds granted through the
department;
(i) Applying for, allocating, disbursing, and accounting for
grants that are made available pursuant to federal juvenile
justice acts, or made available from other federal, state, or
private sources, to improve the criminal and juvenile justice
systems in the state. All money from federal juvenile justice act
grants shall, if the terms under which the money is received
require that the money be deposited into an interest bearing fund
or account, be deposited in the state treasury to the credit of
the federal juvenile justice program purposes fund, which is
hereby created. All investment earnings shall be credited to the
fund.
(j) Contracting with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the department;
(k) Overseeing the activities of metropolitan county
criminal justice services agencies, administrative planning
districts, and juvenile justice coordinating councils in the
state;
(l) Advising the general assembly and governor on
legislation and other significant matters that pertain to the
improvement and reform of the juvenile justice system in the
state;
(m) Preparing and recommending legislation to the general
assembly and governor for the improvement of the juvenile justice
system in the state;
(n) Assisting, advising, and making any reports that are
required by the governor, attorney general, or general assembly;
(o) Adopting rules pursuant to Chapter 119. of the Revised
Code.
(2) Division (K)(1) of this section does not limit the
discretion or authority of the attorney general with respect to
crime victim assistance and criminal and juvenile justice
programs.
(3) Nothing in division (K)(1) of this section is intended
to diminish or alter the status of the office of the attorney
general as a criminal justice services agency;
(4) The governor may appoint any advisory committees to
assist the department that the governor considers appropriate or
that are required under any state or federal law.
Sec. 5139.29. The department of youth services shall adopt
and
promulgate
regulations prescribing the method of calculating
the amount of
and the time
and manner for the payment of financial
assistance granted under
sections
5139.27,
and 5139.271, and
5139.28
of the Revised Code, for the
construction or
acquisition
of a
district detention home established under
section 2151.34 of
the
Revised Code, or for the construction and maintenance of a
school,
forestry
camp, or other facility established under section
2151.65
of the
Revised Code.
Sec. 5139.31. The department of youth services may inspect
any school, forestry camp, district detention home, or other
facility for which an application for financial assistance has
been made to the department under section
2151.341, 2151.3416,
or
2151.651, or 2151.652 of the Revised Code or for which financial
assistance has been granted by the department under section
5139.27, 5139.271,
5139.28, or 5139.281 of the Revised Code.
The
inspection may include, but need not be limited to,
examination
and evaluation of the physical condition of the
school, forestry
camp, district detention home, or other facility,
including any
equipment used in connection with it; observation
and evaluation
of the training and treatment of children admitted
to it;
examination and analysis and copying of any papers,
records, or
other documents relating to the qualifications of
personnel, the
commitment of children to it, and its
administration.
Sec. 5139.87. There are hereby created in the state
treasury the federal juvenile justice programs funds. A separate
fund shall be established each federal fiscal year. All federal
grants and other moneys received for federal juvenile programs
shall be deposited into the funds. All receipts deposited into
the funds shall be used for federal juvenile programs. All
investment earnings on the cash balance in a federal juvenile
program fund shall be credited to that fund for the appropriate
federal fiscal year.
Sec. 5153.06. The county children services board may enter
into a written contract with the board's executive director
specifying terms and conditions of the executive director's
employment. The executive director shall not be in the classified
civil service. The period of the contract shall not exceed three
years. Such a contract shall in no way abridge the right of the
county children services board to terminate the employment of the
executive director as an unclassified employee at will, but may
specify terms and conditions for any such termination.
Sec. 5153.165. If a family is encountering an emergency
that
could lead,
or has led, to removal of a child from the
family's home pursuant to Chapter
2151. of the Revised Code, the
public children services
agency shall determine whether the child
could remain
safely with, or be
safely returned to, the family if
the emergency were alleviated by providing
assistance
benefits and
services under the
prevention, retention, and contingency
program
established under Chapter 5108. of the Revised Code. If it is
determined that the
child could remain safely with, or be safely
returned to, the family, the
agency, with the cooperation of the
child's family, shall
determine the amount of
assistance
benefits
and services
necessary to prevent the
removal of the child from
the home or to permit the child's return to
the home and may
provide the
assistance
benefits and services pursuant to a plan of
cooperation entered into under section 307.983
of the Revised
Code.
Sec. 5153.60. The department of job and family services
shall
establish a statewide program that provides the training
section 5153.122 of the Revised Code requires public children
services agency caseworkers and supervisors to complete.
The
program may also provide the preplacement and continuing training
described in sections 5103.039, 5103.0310, and 5103.0311 of the
Revised Code that foster caregivers are required by sections
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.
The program shall be
called the "Ohio child welfare training
program."
Sec. 5153.69. The training program steering committee shall
monitor and evaluate
the Ohio child welfare training program to
ensure
that
the following:
(A) That the
Ohio child welfare training program is
a
competency-based training system that satisfies the training
requirements for
public children services agency caseworkers and
supervisors under section 5153.122 of the Revised Code;
(B) That, if the Ohio child welfare training program
provides preplacement or continuing training for foster
caregivers, it meets the same requirements that preplacement
training programs and continuing training programs must meet
pursuant to section 5103.038 of the Revised Code to obtain
approval by the department of job and family services, except that
the Ohio child welfare training program is not required to obtain
department approval.
Sec. 5153.78. (A) As used in this section:
(1)
"Title IV-B" means Title
IV-B of the
"Social
Security
Act
of 1967," 81 Stat.
821, 42 U.S.C. 620, as amended.
(2)
"Title IV-E" means Title
IV-E of the
"Social Security
Act," 94 Stat. 501, 42 U.S.C.
670(1980).
(3)
"Title XX" has the same meaning as in section 5101.46 of
the
Revised Code.
(B) For purposes of
adequately funding the
Ohio child
welfare training program,
the department of job and family
services
shall
may use
any of the
following
to adequately fund the
Ohio child welfare
training program:
(1) The federal financial participation funds withheld
pursuant
to division (D) of section 5101.141 of the Revised
Code
in an amount determined by the department;
(2) Funds available under Title
XX, Title IV-B, and Title
IV-E to pay for training costs;
(3)
Any other
Other available state or federal funds.
Sec. 5703.17. (A) In making an investigation as to any
company,
firm,
corporation, person, association, partnership, or
public
utility subject to
the laws which the tax commissioner is
required
to administer, the
commissioner may appoint by an order
in writing
an agent,
a tax auditor agent, or a tax auditor agent
manager,
whose duties shall
be prescribed in such order.
In the discharge of
his
such agent's duties
such,
the agent
shall have
every power of an
inquisitorial nature granted by law
to the commissioner, and the same powers
as a notary public as to
the taking of depositions, and all
powers given by law
to a notary
public relative to depositions are hereby given to
such agent.
(B) No person shall be appointed as a tax auditor agent or a
tax auditor agent manager, unless that person meets one of the
following requirements:
(1) The person holds from an accredited college or
university a baccalaureate or higher degree in accounting,
business, business administration, public administration, or
management, a doctoral degree in law, a bachelor of laws degree,
or a master of laws degree in taxation.
(2) The person possesses a current certified public
accountant, certified managerial accountant, or certified internal
auditor certificate; a professional tax designation issued by the
institute for professionals in taxation or the international
association of assessing officers; or a designation as an enrolled
agent of the Internal Revenue Service.
(3) The person has accounting, auditing, or taxation
experience that is acceptable to the department of taxation.
(4) The person has experience as a tax commissioner agent,
tax auditor agent, or supervisor of tax agents that is acceptable
to the department of taxation.
Sec. 5703.49.
(A) As used in this section, "internet"
means
the
international computer network of both federal and
nonfederal
interoperable packet switched data networks, including
the
graphical
subnetwork known as the world wide web.
(B) On or before December 31, 2001, the tax commissioner
shall
establish an electronic site accessible through the
internet. The tax
commissioner shall
provide access on the site
for
each municipal corporation that has not established its own
electronic
site to post documents or information required under
section 718.07 of the Revised Code. The tax commissioner
shall
provide electronic links for each
municipal corporation that
establishes a site under that section and for which
a uniform
resource locator has been provided to the tax commissioner. The
tax
commissioner is not responsible for the accuracy of the
posted
information, and is not liable for any inaccurate or
outdated
information provided by a municipal corporation. The tax
commissioner may adopt rules governing the format and
means of
submitting such documents or information and other matters
necessary to implement this section. The tax commissioner may
charge municipal corporations a fee to defray the cost of
establishing
and maintaining the electronic site established under
this
section.
(C) The tax commissioner shall deposit any fees received
under this section to the credit of the municipal internet site
fund, which is hereby created in the state treasury. The
commissioner shall use the fund for costs of establishing and
maintaining the electronic site established under this section.
Sec. 5705.091. The board of county commissioners of each
county shall establish a county mental retardation and
developmental disabilities general fund. Notwithstanding
sections
5705.09 and 5705.10 of the Revised Code, proceeds from
levies
under section 5705.222 and division (L) of section 5705.19
of the
Revised Code shall be deposited to the credit of the
county mental
retardation and developmental disabilities general
fund. Accounts
shall be established within the county mental
retardation and
developmental disabilities general fund for each
of the several
particular purposes of the levies as specified in
the resolutions
under which the levies were approved, and
proceeds from different
levies that were approved for the same
particular purpose shall be
credited to accounts for that
purpose. Other money received by
the county for the purposes of
Chapters 3323. and 5126. of the
Revised Code and not required by
state or federal law to be
deposited to the credit of a different
fund shall also be
deposited to the credit of the county mental
retardation and
developmental disabilities general fund, in an
account appropriate
to the particular purpose for which the money
was received.
Unless
otherwise provided by law, an unexpended
balance at the end
of a
fiscal year in any account in the county
mental retardation
and
developmental disabilities general fund
shall be appropriated
the
next fiscal year to the same fund.
A county board of mental retardation and developmental
disabilities may request, by resolution, that the board of county
commissioners establish a county mental retardation and
developmental disabilities capital fund for money to be used for
acquisition, construction, or improvement of capital facilities
or
acquisition of capital equipment used in providing services to
mentally retarded and developmentally disabled persons. The
county board of mental retardation and developmental disabilities
shall transmit a certified copy of the resolution to the board of
county commissioners. Upon receiving the resolution, the board
of
county commissioners shall establish a county mental
retardation
and developmental disabilities capital fund.
A county board shall request, by resolution, that the board
of county commissioners establish a county MR/DD medicaid reserve
fund if such fund must be established for the county board to be
in compliance with the component required by division (A)(3) of
section 5126.054 of the Revised Code of a county board plan
approved by the department of mental retardation and developmental
disabilities under section 5123.046 of the Revised Code. On
receipt of the resolution, the board of county commissioners shall
establish a county MR/DD medicaid reserve fund. The portion of
federal revenue funds that the county board earns for providing
medicaid case management services and home or community-based
services that is needed for the county board to pay for
extraordinary costs, including extraordinary costs for services to
individuals with mental retardation or other developmental
disability, and ensure the availability of adequate funds in the
event a county property tax levy for services for individuals with
mental retardation or other developmental disability fails shall
be deposited into the fund. The county board shall use money in
the fund for those purposes.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to
the board of elections not less than seventy-five days before
the
election upon which it will be voted that the amount of taxes
that
may be raised within the ten-mill limitation will be
insufficient
to provide for the necessary requirements of the
subdivision and
that it is necessary to levy a tax in excess of
that limitation
for any of the following purposes:
(A) For current expenses of the subdivision, except that
the
total levy for current expenses of a detention home district
or
district organized under section 2151.65 of the Revised Code
shall
not exceed two mills and that the total levy for current
expenses
of a combined district organized under sections 2151.34
and
2151.65 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over
the limitation of one mill prescribed in section 3349.13 of
the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
firefighting
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34
of
the Revised Code, or the purchase of ambulance
equipment, or
the provision of ambulance, paramedic, or other emergency
medical
services
operated by a fire department or firefighting
company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, and other equipment used directly in
the
operation of a police department, or the payment of salaries
of
permanent police personnel, including the payment of the
police
officer employers' contribution
required under section 742.33
of
the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or the
provision of ambulance or emergency medical services operated by a
police
department;
(K) For the maintenance and operation of a county home;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention homes, forestry camps, or
other facilities, or any combination thereof, established under
section 2151.34 or 2151.65 of the Revised Code or both of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and
facilities;
(Q) For the purpose of purchasing, acquiring,
constructing,
enlarging, improving, equipping, repairing,
maintaining, or
operating, or any combination of the foregoing, a
county transit
system pursuant to sections 306.01 to 306.13 of
the Revised Code,
or of making any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or
constructing any schools, forestry camps, detention homes, or
other facilities, or any combination thereof, under section
2151.34 or 2151.65 of the Revised Code or both of those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage
or refuse, including yard waste;
(W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division,
"rail property" and
"rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division
applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the
cost of constructing, maintaining, repairing, or operating a
water
supply improvement;
(HH) For a board of township trustees to acquire, other
than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving
"greenspace" in the resolution, notice of
election,
or ballot form;
(II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural
fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining
sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or
acquiring ownership interests in land
necessary for the foregoing
improvements, by a board of township
trustees;
(PP) For both of the purposes set forth in divisions (G)
and
(OO) of this section. This division applies only to a township.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and
to supervise and
enforce the easements.
(SS) For both of the purposes set forth in divisions (BB)
and (KK) of this section. This division applies only to a county.
The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that
increase in
rate, and the
number of years during which the increase in rate
shall be in
effect, which may or may not include a levy upon the
duplicate of
the current year. The number of years may be any
number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following,
the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention home
district,
a district organized under section 2151.65 of the
Revised Code, or
a combined district organized under sections
2151.34 and 2151.65
of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention homes,
forestry camps, or other facilities, or any combination thereof,
established under section 2151.34 or 2151.65 of the Revised Code
or under both of those sections.
(3) When the additional rate is for any of the following,
the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U),
or
(KK) of this section;
(b) For the maintenance and operation of a joint
recreation
district;
(c) A levy imposed by a township for the purposes set
forth
in division (G) of this section.
(4) When the increase is for the purpose set forth in
division (D) or (CC) of this section or for both of the purposes
set forth
in divisions (G) and (OO) of this section, the tax levy
may be for any
specified number of years or for a continuing
period of time, as
set forth in the resolution.
(5) When the additional rate is for the purpose described
in
division (Z) of this section, the increased rate shall be for
any
number of years not exceeding ten.
A levy for the purposes set forth in division (I), (J), or
(U) of this section, and a levy imposed by a township for the
purposes set forth in division (G) of this section, may be
reduced
pursuant to section 5705.261 or 5705.31 of the Revised
Code. A
levy for the purposes set forth in division (I), (J), or
(U) of
this section, and a levy imposed by a township for the
purposes
set forth in division (G) of this section, may also be
terminated
or permanently reduced by the taxing authority if it
adopts a
resolution stating that the continuance of the levy is
unnecessary
and the levy shall be terminated or that the millage
is excessive
and the levy shall be decreased by a designated
amount.
A resolution of a detention home district, a district
organized under section 2151.65 of the Revised Code, or a
combined
district organized under both sections 2151.34 and
2151.65 of the
Revised Code may include both current expenses and
other purposes,
provided that the resolution shall apportion the
annual rate of
levy between the current expenses and the other
purpose or
purposes. The apportionment need not be the same for
each year of
the levy, but the respective portions of the rate
actually levied
each year for the current expenses and the other
purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a
sewer district or subdistrict created under Chapter 6117. of
the
Revised Code, by resolution declares it necessary to levy a
tax in
excess of the ten-mill limitation for the purpose of
constructing,
improving, or extending sewage disposal plants or
sewage systems,
the tax may be in effect for any number of years
not exceeding
twenty, and the proceeds of the tax,
notwithstanding
the general
provisions of this section, may be used to pay debt
charges on any
obligations issued and outstanding on behalf of
the subdivision
for the purposes enumerated in this paragraph,
provided that any
such obligations have been specifically
described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
Sec. 5705.41. No subdivision or taxing unit shall:
(A) Make any appropriation of money except as provided in
Chapter 5705. of the Revised Code; provided, that the
authorization of a bond issue shall be deemed to be an
appropriation of the proceeds of the bond issue for the purpose
for which such bonds were issued, but no expenditure shall be
made
from any bond fund until first authorized by the taxing
authority;
(B) Make any expenditure of money unless it has been
appropriated as provided in such chapter;
(C) Make any expenditure of money except by a proper
warrant
drawn against an appropriate fund;
(D)(1) Except as otherwise provided in division (D)(2) of
this section
and section 5705.44 of the Revised Code, make any
contract or give any order involving the
expenditure of money
unless there is attached thereto a
certificate of the fiscal
officer of the subdivision that the
amount required to meet the
obligation or, in the case of a
continuing contract to be
performed in whole or in part in an
ensuing fiscal year, the
amount required to meet the obligation
in
the fiscal year in which
the contract is made, has been
lawfully
appropriated for such
purpose and is in the treasury or
in process
of collection to the
credit of an appropriate fund
free from any
previous encumbrances.
This certificate need be
signed only by
the subdivision's fiscal
officer. Every such
contract made
without such a certificate
shall be void, and no
warrant shall be
issued in payment of any
amount due thereon. If
no certificate is
furnished as required,
upon receipt by the
taxing authority of the
subdivision or taxing
unit of a
certificate of the fiscal officer
stating that there was
at the
time of the making of such contract
or order and at the
time of
the execution of such certificate a
sufficient sum
appropriated
for the purpose of such contract and
in the treasury
or in
process of collection to the credit of an
appropriate fund
free
from any previous encumbrances, such taxing
authority may
authorize the drawing of a warrant in payment of
amounts due upon
such contract, but such resolution or ordinance
shall be passed
within thirty days from the receipt of such
certificate; provided
that, if the amount involved is less than
one hundred dollars in
the case of counties or one thousand
dollars in the case of all
other subdivisions or taxing units, the
fiscal officer may
authorize it to be paid without such
affirmation of the taxing
authority of the subdivision or taxing
unit, if such expenditure
is otherwise valid.
(2) Annually, the board of county commissioners may adopt
a
resolution exempting for the current fiscal year county
purchases
of seven hundred fifty dollars or less from the
requirement of
division (D)(1) of this section that a certificate
be attached to
any contract or order involving the expenditure of
money. The
resolution shall state the dollar amount that is
exempted from the
certificate requirement and whether the
exemption applies to all
purchases, to one or more specific
classes of purchases, or to the
purchase of one or more specific
items. Prior to the adoption of
the resolution, the board shall
give written notice to the county
auditor that it intends to
adopt the resolution. The notice shall
state the dollar amount
that is proposed to be exempted and
whether the exemption would
apply to all purchases, to one or more
specific classes of
purchases, or to the purchase of one or more
specific items. The
county auditor may review and comment on the
proposal, and shall
send any comments to the board within fifteen
days after
receiving the notice. The board shall wait at least
fifteen days
after giving the notice to the auditor before
adopting the
resolution. A person authorized to make a county
purchase in a
county that has adopted such a resolution shall
prepare and file
with the county auditor, within three business
days after
incurring an obligation not requiring a certificate, a
written
document specifying the purpose and amount of the
expenditure,
the date of the purchase, the name of the vendor, and
such
additional information as the auditor of state may prescribe.
(3) Upon certification by the auditor or other chief
fiscal
officer that a certain sum of money, not in excess of five
thousand dollars, has been lawfully appropriated, authorized, or
directed for a certain purpose and is in the treasury or in the
process of collection to the credit of a specific line-item
appropriation account in a certain fund free from previous and
then outstanding obligations or certifications, then for such
purpose and from such line-item appropriation account in such
fund, over a period not exceeding three months and not extending
beyond the end of the fiscal year, expenditures may be made,
orders for payment issued, and contracts or obligations calling
for or requiring the payment of money made and assumed; provided,
that the aggregate sum of money included in and called for by
such
expenditures, orders, contracts, and obligations shall not
exceed
the sum so certified. Such a certification need be signed
only by
the fiscal officer of the subdivision or the taxing
district and
may, but need not, be limited to a specific vendor.
An itemized
statement of obligations incurred and expenditures
made under such
certificate shall be rendered to the auditor or
other chief fiscal
officer before another such certificate may be
issued, and not
more than one such certificate shall be
outstanding at a time.
In addition to providing the certification for expenditures
of five thousand dollars or less as provided in this division, a
subdivision also may make expenditures, issue orders for
payment,
and
make contracts or obligations calling for or requiring the
payment of money made and assumed for specified permitted
purposes
from a specific line-item appropriation account in a
specified
fund for a sum of money exceeding five thousand dollars
upon the
certification by the fiscal officer of the
subdivision that this
sum of
money has been lawfully appropriated, authorized, or
directed for
a permitted purpose and is in the treasury or in the
process of
collection to the credit of the specific line-item
appropriation
account in the specified fund free from previous and
then-outstanding obligations or certifications; provided that the
aggregate sum of money included in and called for by the
expenditures, orders, and obligations shall not exceed the
certified sum. The purposes for which a subdivision may
lawfully
appropriate, authorize, or issue such a certificate are the
services of an accountant, architect, attorney at law, physician,
professional engineer, construction project manager, consultant,
surveyor, or appraiser by or on behalf of the subdivision or
contracting authority; fuel oil, gasoline, food items, roadway
materials, and utilities; and any purchases exempt from
competitive bidding under section 125.04 of the Revised Code and
any other specific expenditure that is a recurring and reasonably
predictable operating expense. Such a certification shall not
extend beyond the end of the fiscal year or, in the case of
a
board of
county commissioners that has established a quarterly
spending plan
under section 5705.392 of the Revised Code, beyond
the quarter to
which the plan applies. Such a certificate shall
be signed by
the fiscal officer and may, but need not, be
limited
to a
specific vendor. An itemized statement of obligations
incurred
and expenditures made under such a certificate shall be
rendered
to the fiscal officer for each certificate
issued. More
than one
such certificate may be outstanding at any time.
In any case in which a contract is entered into upon a per
unit basis, the head of the department, board, or commission for
the benefit of which the contract is made shall make an estimate
of the total amount to become due upon such contract, which
estimate shall be certified in writing to the fiscal officer of
the subdivision. Such a contract may be entered into if the
appropriation covers such estimate, or so much thereof as may be
due during the current year. In such a case the certificate of
the fiscal officer based upon the estimate shall be a sufficient
compliance with the law requiring a certificate.
Any certificate of the fiscal officer attached to a
contract
shall be binding upon the political subdivision as to
the facts
set forth therein. Upon request of any person
receiving an order
or entering into a contract with any political
subdivision, the
certificate of the fiscal officer shall be
attached to such order
or contract. "Contract" as used in this
section excludes current
payrolls of regular employees and
officers.
Taxes and other revenue in process of collection, or the
proceeds to be derived from authorized bonds, notes, or
certificates of indebtedness sold and in process of delivery,
shall for the purpose of this section be deemed in the treasury
or
in process of collection and in the appropriate fund. This
section applies neither to the investment of sinking funds by the
trustees of such funds, nor to investments made under sections
731.56 to 731.59 of the Revised Code.
No district authority shall, in transacting its own
affairs,
do any of the things prohibited to a subdivision by this
section,
but the appropriation referred to shall become the
appropriation
by the district authority, and the fiscal officer
referred to
shall mean the fiscal officer of the district
authority.
Sec. 5705.44. When contracts or leases run beyond the
termination of the
fiscal year in which they are made, the fiscal
officer of the taxing authority
shall make a certification for the
amount required to meet the obligation of
such contract or lease
maturing in such fiscal year. The amount of the
obligation under
such contract or lease remaining unfulfilled at the end of a
fiscal year, and which will become payable during the next fiscal
year, shall
be included in the annual appropriation measure for
the next year as a fixed
charge.
The certificate required by section 5705.41 of the Revised
Code as to money in
the treasury shall not be required for
contracts on which payments are to be
made from the earnings of a
publicly operated water works or public utility,
but in the case
of any such contract made without such certification, no
payment
shall be made on account thereof, and no claim or demand thereon
shall
be recoverable, except out of such earnings.
That
certificate also shall not be required if requiring the
certificate makes it impossible for a county board of mental
retardation and developmental disabilities to pay the nonfederal
share of medicaid expenditures that the county board is required
by division (A) of section 5126.056 of the Revised Code to pay.
Sec. 5709.17.
(A) Real estate held or occupied by an
association or corporation,
organized or incorporated under the
laws of this state relative to soldiers'
memorial associations,
monumental building associations, or cemetery
associations or
corporations, which in the opinion of the trustees, directors,
or
managers thereof is necessary and proper to carry out the object
intended
for such association or corporation, shall be exempt from
taxation.
(B) Real estate and tangible personal property held or
occupied by a war veterans'
organization, which is organized
exclusively for charitable purposes and
incorporated under the
laws of this state or the United States, except real
estate held
by such organization for the production of rental income, shall be
exempt from taxation.
(C) Tangible personal property held by a corporation
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in
section 501(c)(3) of the Internal Revenue Code, and exempt from
taxation under section 501(a) of the Internal Revenue Code shall
be exempt from taxation if it is surplus property obtained as
described in 112 Stat. 1340, 36 U.S.C.A. 40730.
Sec. 5721.30. As used in sections 5721.30 to 5721.42
of the
Revised Code:
(A)
"Tax certificate,"
"certificate," or
"duplicate
certificate"
means a document which may be issued as a physical
certificate, in
book-entry form, or through an electronic medium,
at the discretion of the
county treasurer. Such document shall
contain
the information required by section
5721.31 of the Revised
Code and shall be prepared, transferred, or redeemed in the manner
prescribed
by
sections 5721.30 to 5721.41 of the Revised Code. As
used in those sections,
"tax
certificate,"
"certificate," and
"duplicate certificate" do not
refer to the delinquent land tax
certificate or the delinquent vacant land tax
certificate issued
under section 5721.13 of the Revised Code.
(B)
"Certificate parcel" means the parcel of delinquent land
that
is the
subject of and is described in a tax certificate.
(C)
"Certificate holder" means a person who purchases a tax
certificate
under section 5721.32 or 5721.33 of the Revised Code,
or a person to whom a tax certificate
has been
transferred
pursuant to section 5721.36 of the Revised Code.
(D)
"Certificate purchase price" means, with respect to the
sale
of tax certificates under sections 5721.32 and 5721.33 of the
Revised Code,
the amount equal
to delinquent
taxes,
assessments,
penalties, and interest computed under
section 323.121 of the
Revised Code charged against a certificate
parcel at the time the
tax certificate respecting that
parcel is sold, not including any
delinquent taxes, assessments, penalties,
interest, and charges,
the lien for which has been conveyed to a certificate
holder
through a prior sale of a tax certificate respecting that parcel;
provided, however, that payment of the certificate purchase price
in a
sale under section 5721.33 of the Revised Code may be made
wholly in cash or
partially in
cash and partially by noncash
consideration acceptable to the county treasurer
from the
purchaser. In the event that any such noncash consideration is
delivered to pay a portion of the certificate purchase price, such
noncash
consideration may be subordinate to the rights of the
holders of other
obligations whose proceeds paid the cash portion
of the certificate purchase
price.
"Certificate purchase price" also includes the amount of the
fee
charged by
the county treasurer to the purchaser of the
certificate under division
(H) of section 5721.32 of the Revised
Code.
(E) With respect to a sale of tax certificates under section
5721.32 of the Revised Code and except as provided in division
(E)(3) of
this section,
"certificate redemption price" means the
amount determined under
division (E)(1) or (2) of this section.
(1) During the first year after the date on which a tax
certificate is sold, the sum of the following:
(a) The certificate purchase price;
(b) The greater of the following:
(i) Interest, at the certificate rate
of interest, accruing
during the certificate interest period on
the certificate purchase
price;
(ii) Six per cent of the certificate
purchase price.
(c) The fee charged by the county
treasurer to the purchaser
of the certificate under division
(H) of section 5721.32 of the
Revised Code.
(2) After the first year after the date on which a tax
certificate is sold, the sum of the following:
(a)(i) If division
(E)(1)(b)(i)
applied during the first
year, the certificate purchase
price;
(ii) If division (E)(1)(b)(ii)
applied during the first
year, the sum of the certificate
purchase price plus six per cent
of the certificate purchase
price.
(b)(i) If division
(E)(1)(b)(i)
applied during the first
year, interest at the certificate rate
of interest accruing during
the certificate interest period on
the certificate purchase price;
(ii) If division (E)(1)(b)(ii)
applied during the first
year, interest at the certificate rate
of interest, accruing
during the part of the certificate
interest period that begins one
year after the date of the sale
of the certificate, on the sum of
the certificate purchase price
plus six per cent of the
certificate purchase price.
(c) The fee charged by the county
treasurer to the purchaser
of the certificate under division
(H) of section 5721.32 of the
Revised Code.
(3) If the certificate rate of interest equals zero, the
certificate redemption price equals the certificate
purchase price
plus the fee charged by the county treasurer to the purchaser
of
the certificate under division (H) of section 5721.32 of the
Revised Code.
(F) With respect to a sale of tax certificates under section
5721.33 of the Revised Code,
"certificate redemption price" means
the amount equal to the sum of the
following:
(1) The certificate purchase price;
(2) Interest accrued on the certificate purchase price at
the certificate
rate of interest from the date on which a tax
certificate is delivered through
and including the day immediately
preceding the day on which the certificate
redemption price is
paid;
(3) The fee, if any, charged by the county treasurer to the
purchaser of
the certificate under division (J) of section 5721.33
of the Revised Code;
(4) Any other fees charged by any county office in
connection with the
recording of tax certificates.
(G)
"Certificate rate of interest" means the rate of simple
interest per year bid by the winning bidder in an auction of a tax
certificate
held under section 5721.32 of the Revised Code, or the
rate of simple interest per year not
to exceed eighteen per cent
per year fixed by the county treasurer with
respect to
any tax
certificate sold pursuant to a negotiated sale under section
5721.33
of the Revised Code.
(H)
"Cash" means United States currency,
certified checks,
money orders, bank drafts, or electronic transfer of funds,
and
excludes any other form of payment.
(I)
"The date on which a tax certificate is sold,"
"the date
the
certificate was sold,"
"the date the certificate is
purchased," and any other
phrase of similar content mean, with
respect to a sale pursuant to an auction
under section 5721.32 of
the Revised Code, the date designated by the county treasurer for
the submission of bids and, with respect to a negotiated sale
under section
5721.33 of the Revised Code, the date of delivery of
the tax certificates to the purchasers
thereof pursuant to a tax
certificate sale/purchase agreement.
(J)
"Purchaser of a tax certificate pursuant to section
5721.32
of the Revised Code" means the winning bidder in an
auction of a tax certificate held under
section 5721.32 of the
Revised Code.
(K)
"Certificate interest period" means, with respect to a
tax
certificate sold under section 5721.32 of the Revised Code,
the period beginning on
the date
the certificate is purchased and,
with respect to a tax certificate sold
under section 5721.33 of
the Revised Code, the
period beginning on the date of delivery of
the tax certificate, and in either
case ending on one of the
following dates:
(1) In the case of foreclosure proceedings instituted under
section 5721.37 of the Revised
Code, the date the certificate
holder submits a payment to the
treasurer under division (B) of
that section;
(2) In the case of a certificate parcel redeemed
under
division (A) or (C) of section 5721.38 of the
Revised Code, the
date the owner of record of the
certificate parcel, or any other
person entitled to redeem that parcel, pays to the county
treasurer or to the
certificate holder, as applicable, the full
amount determined under that section.
(L)
"County treasurer" means, with respect to the sale of
tax
certificates under section 5721.32, or 5721.33 of the Revised
Code, the
county
treasurer of
a county having a population of at
least two
hundred
thousand according to the
then most recent
federal
decennial
census
and, with respect to the sale of tax
certificates
under
section 5721.33 of the Revised Code, the county
treasurer of
a
county having a population of at least one million
four
hundred
thousand
according to the
then most recent federal
decennial
census.
(M)
"Qualified trustee" means a trust company within the
state or
a bank having the power of a trust company within the
state with a combined
capital stock, surplus, and undivided
profits of at least one hundred million
dollars.
(N)
"Tax certificate sale/purchase agreement" means the
purchase
and sale agreement described in division (C) of section
5721.33 of the Revised Code
setting forth the certificate purchase
price, plus any applicable premium or
less any applicable
discount, including, without limitation, the amount
thereof to be
paid in cash and the amount and nature of any noncash
consideration, the date of delivery of the tax certificates, and
the other
terms and conditions of the sale, including, without
limitation, the rate of
interest that the tax certificates shall
bear.
(O)
"Noncash consideration" means any form of consideration
other
than cash, including, but not limited to, promissory notes
whether
subordinate or otherwise.
(P)
"Private attorney" means for purposes of section 5721.37
of the Revised Code, any attorney licensed to practice law in this
state, whether practicing
with a firm of attorneys or otherwise,
whose license has not been revoked or
otherwise suspended and who
brings foreclosure proceedings pursuant to
section 5721.37 of the
Revised Code on behalf of a certificate holder.
(Q)
"Related certificate parcel" means, with respect to a
certificate holder, the certificate parcel with respect to which
the
certificate holder has purchased and holds a tax certificate
pursuant to
sections 5721.30 to 5721.41 of the Revised Code and,
with respect to a tax certificate, the
certificate parcel against
which the tax certificate has been sold pursuant to
those
sections.
Sec. 5725.31. (A) As used in this section:
(1)
"Eligible employee" and
"eligible training costs" have
the
same meanings as in section 5733.42 of the Revised Code.
(2)
"Tax assessed under this chapter" means,
in the case of
a
dealer in
intangibles, the tax assessed under sections 5725.13
to
5725.17 of the Revised Code and, in
the case of a domestic
insurance
company, the taxes assessed under sections 5725.18 to
5725.26 of the Revised Code.
(3)
"Taxpayer" means a dealer in
intangibles or a domestic
insurance company subject to a tax assessed
under this chapter.
(4)
"Credit period" means,
in the case of
a dealer in
intangibles, the calendar year ending on the thirty-first day
of
December next preceding the day the report is required
to be
returned under section 5725.14 of the Revised Code and, in
the
case of a domestic insurance company, the calendar year ending on
the
thirty-first day of December next preceding the day the
annual
statement is required to be returned under section 5725.18 or
5725.181 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against
the
tax imposed under this chapter for a taxpayer for which a tax
credit
certificate is issued under section 5733.42 of the Revised
Code.
The credit may be claimed for credit periods
beginning
on
or after January 1,
2001
2003, and ending on or before
December
31,
2003
2005. The amount of the credit shall equal one-half of
the
average of the
eligible training costs paid
or incurred by the
taxpayer during the three calendar years
immediately
preceding
ending with end of the
credit period for which the credit is
claimed,
not to exceed one
thousand dollars for each eligible
employee on account of
whom
eligible training costs were paid or
incurred by the taxpayer.
The
credit
claimed by a taxpayer each
credit period shall not
exceed
one hundred thousand dollars.
If, on or before June 30, 2001, a taxpayer had properly filed
an application for the credit period ending on December 31, 2001,
or December 31, 2002, as provided in division (C) of section
5733.42 of the Revised Code, the director of job and family
services may authorize a credit for that credit period subject to
the limitations and requirements of this section and section
5733.42 of the Revised Code, but the tax credit certificate issued
for that period may be applied only to the taxpayer's tax
liability for business done in this state during calendar year
2003. The credit claimed by such a taxpayer shall be computed in
the manner prescribed by this section; is subject to the
limitations of this section on the amount of the credit for each
eligible employee and for each credit period; and shall be in
addition to any credit claimed by the taxpayer under this section
for the credit period beginning January 1, 2003, and, for the
purpose of the limitation on the amount of the credit that may be
claimed by a taxpayer for a credit period, the credit claimed for
the credit period ending on December 31, 2001, or December 31,
2002, shall not be considered as being claimed for the credit
period beginning on January 1, 2003.
A taxpayer shall apply to the director of job and family
services
for a tax credit certificate in the manner prescribed by
division
(C) of section 5733.42 of the Revised Code. Divisions
(C)
to (H) of that section govern the tax credit allowed by this
section, except that
"credit period" shall be substituted for
"tax
year with
respect to a calendar
year" wherever that phrase appears
in those divisions and that a taxpayer
under this section shall be
considered a taxpayer for the purposes of that
section.
A taxpayer may carry forward the credit allowed under this
section
to the extent that the credit exceeds the taxpayer's tax
due for the
credit period. The taxpayer may carry the excess
credit forward for
three credit periods following the credit
period for which the
credit is first claimed under this section.
The credit allowed by this
section is in addition to any credit
allowed under section
5729.031 of the Revised Code.
Sec. 5727.25. (A) Except as provided in division (B) of
this
section, within forty-five days after the last day of March,
June,
September, and December, each natural gas company or
combined
company subject to the excise tax imposed by section
5727.24 of the Revised Code shall file a return
with the
treasurer
of state
tax commissioner, in such form as the tax commissioner
prescribes,
and pay
the full amount of the tax due on its taxable
gross receipts
for
the preceding calendar
quarter, except that the
first payment of
this tax shall be made on or before
November 15,
2000, for the
five-month period of May 1,
2000, to September 30,
2000. All
payments made under this
division shall be made by
electronic
funds transfer in accordance with section 5727.311 of
the
Revised
Code.
(B) Any natural gas company or combined company
subject to
the excise tax imposed by this section
that has an annual
tax
liability for the preceding calendar year ending on the
thirty-first day of December
of less than three
hundred
twenty-five thousand dollars may elect to file an
annual return
with the
treasurer of state
tax commissioner, in such form as the
tax commissioner
prescribes, for the next year. A company that
elects to file an
annual return for the calendar year shall file
the return and
remit the
taxes due on its taxable gross receipts
within
forty-five days after the thirty-first day of December.
The
first
payment of
the tax under this division shall be made on
or
before
February
14, 2001, for the period of May 1, 2000, to
December 31,
2000. The minimum tax
for a natural gas company or
combined
company subject
to this
division shall be
fifty dollars,
and the
company shall not be required to
remit the tax due by
electronic
funds
transfer.
(C) A return required to be filed under division (A) or (B)
of
this section shall show the amount of tax due from the company
for the period
covered by the return and any other information as
prescribed by the tax
commissioner. A return shall be considered
filed when received by the
treasurer of state
tax commissioner.
The commissioner
may extend the time for making and filing returns
and paying the
tax.
(D) Any natural gas company or combined company
that fails
to file a return or pay the full amount of the tax due
within the
period prescribed under this section shall pay an
additional
charge of fifty dollars or ten per cent of the tax
required to be
paid for the reporting period, whichever is
greater. If any tax
due is not paid timely in accordance with this
section, the
company liable for the tax shall pay interest,
calculated at the
rate per annum prescribed by section 5703.47 of
the Revised Code,
from the date the tax payment was due to the
date of payment or to
the date an assessment was issued, whichever
occurs first. The
tax commissioner may collect any additional
charge or interest
imposed by this section by assessment in the
manner provided in
section 5727.26 of the Revised Code. The
commissioner may abate
all or a portion of the additional charge and may
adopt rules
governing such abatements.
(E)
The tax commissioner shall immediately forward to the
treasurer of state any amounts that the commissioner receives
under this section. The taxes, additional charges, penalties, and
interest
collected under sections 5727.24 to 5727.29 of the
Revised
Code
shall be credited in
accordance with section 5727.45
of the
Revised Code.
Sec. 5727.26. (A) The tax commissioner may make an
assessment,
based on any information in the commissioner's
possession, against any natural
gas company or combined company
that fails to file a return
or pay any tax, interest, or
additional charge as required by sections 5727.24
to 5727.29 of
the Revised Code. The
commissioner shall give the company
assessed written notice of the assessment
as provided in section
5703.37
of the Revised Code. A penalty of
up to fifteen per cent
may be added to all amounts assessed under
this section. The tax
commissioner may adopt rules providing for
the imposition and
remission of the penalty.
(B) If a party to whom the notice of assessment is directed
objects to the assessment, the party may file a petition for
reassessment with
the tax commissioner. The petition must be made
in writing, signed by the party or the party's authorized agent
having knowledge of the facts, and filed with the commissioner,
either personally or by certified mail, within sixty days
after
service of the notice of assessment. The petition shall indicate
the objections of the company assessed, but additional objections
may be raised in writing if received prior to the date shown on
the final determination of the commissioner. Upon receipt of a
properly filed petition, the commissioner
shall
may notify the
treasurer of state.
Unless the petitioner waives a hearing, the commissioner
shall
grant the petitioner a hearing on the petition, assign a
time and place
for the hearing, and notify the petitioner of the
time and place of the
hearing as provided in
section 5703.37 of
the Revised Code. The commissioner
may continue the hearing from
time to time, if necessary.
If the party to whom the notice of assessment is directed
does not
file a petition for reassessment, the assessment is final
and the amount
of the assessment is due and payable from the
company assessed
to the
treasurer of state. The company assessed
shall make the payment payable to the treasurer of state and shall
deliver the payment to the tax commissioner.
(C) The tax commissioner may make any correction to the
assessment that the commissioner finds proper and shall issue a
final determination thereon. The commissioner shall serve a copy
of the final determination on the petitioner as provided in
section 5703.37
of the Revised Code, and
the commissioner's
decision in the
matter is final, subject to appeal under section
5717.02 of the
Revised Code. The commissioner
also shall
may
transmit
a copy of the final determination to the treasurer of
state. Only
objections
decided on the merits by the board of tax
appeals or a
court shall be given
collateral estoppel or
res
judicata effect in
considering an application for refund of an
amount paid pursuant
to the assessment.
(D) After an assessment becomes final, if any portion of the
assessment, including accrued interest, remains unpaid, a
certified copy of
the tax commissioner's entry making the
assessment final
may be filed in the office of the clerk of the
court of common
pleas in the county in which the natural gas
company's or combined
company's principal place of business is
located,
or in the office of the clerk of court of common pleas of
Franklin
county.
The clerk, immediately on the filing of the entry, must enter
judgment for the state against the company assessed in the amount
shown
on the entry. The judgment may be filed by the clerk in a
loose-leaf
book entitled,
"special judgments for the public
utility excise
tax on natural gas and combined companies," and
shall
have the same effect as other judgments.
Execution shall
issue upon the judgment at the request of the tax
commissioner,
and all laws applicable to sales on execution shall
apply to sales
made under the judgment.
The portion of the assessment not paid within sixty days
after the day the assessment was issued shall bear interest at the
rate per
annum prescribed by section 5703.47 of the Revised Code
from
the day the tax commissioner issues the assessment until it
is paid. Interest
shall be paid in the same manner as the tax and
may be collected by the
issuance
of an assessment under this
section.
(E) If the tax commissioner believes that collection of the
tax
will be jeopardized unless proceedings to collect or secure
collection of the tax are instituted without delay, the
commissioner may issue a jeopardy assessment against the person
liable for the tax. On issuance of the jeopardy assessment, the
commissioner immediately shall file an entry with the clerk of the
court of common pleas in the manner prescribed by division (D) of
this section. Notice of the jeopardy assessment shall be served
on the party
assessed or the
party's legal representative as
provided in section 5703.37 of the Revised Code within
five days
of the filing of the entry with the clerk. The total
amount
assessed is immediately due and payable, unless the person
assessed files a petition for reassessment in accordance with
division (B) of this section and provides security in a form
satisfactory to the commissioner and in an amount sufficient to
satisfy the
unpaid balance of the
assessment. Full or partial
payment of the assessment does not prejudice the
commissioner's
consideration of the petition for reassessment.
(F)
All interest collected by the
The tax commissioner
shall
immediately forward to the treasurer of state all amounts that the
tax commissioner receives under
this
section
shall be paid to the
treasurer of state, and
when
paid
such amounts
shall be considered
revenue arising from the tax imposed by
section 5727.24 of the
Revised Code.
(G) No assessment shall be made or issued against a natural
gas
company or combined company for the tax imposed by
section
5727.24 of the Revised Code more than four years
after the return
date for the period in which the tax was reported, or more
than
four years after the return for the period
was filed, whichever is
later.
Sec. 5727.81. (A) For
the purpose of raising revenue for
public education and state
and local government operations, an
excise tax is hereby levied
and imposed on an electric
distribution company for all electricity
distributed by such
company beginning with the measurement period that
includes May
1, 2001, at the following rates
per kilowatt hour of electricity
distributed in a thirty-day period by
the company through a meter
of an end user in this state:
|
KILOWATT HOURS DISTRIBUTED TO |
|
RATE PER |
|
AN END USER |
|
KILOWATT HOUR |
|
For the first 2,000 |
|
$.00465 |
|
For the next 2,001 to 15,000 |
|
$.00419 |
|
For 15,001 and above |
|
$.00363 |
If no meter is used to measure the kilowatt hours of
electricity
distributed by the company, the rates shall apply to
the estimated kilowatt
hours of electricity distributed to an
unmetered location in this state.
The electric distribution company shall base the monthly tax
on the
kilowatt hours of electricity distributed to an end user
through the meter of the end user that is not measured for a
thirty-day period
by dividing the days
in the measurement period
into the total kilowatt hours measured during
the measurement
period to obtain a daily average usage. The tax shall
be
determined by obtaining the sum of divisions (A)(1), (2), and
(3)
of this section and multiplying that amount by the number of days
in
the measurement period:
(1) Multiplying $0.00465 per kilowatt hour for the first
sixty-seven kilowatt hours distributed using a daily average;
(2) Multiplying $0.00419 for the next sixty-eight to five
hundred
kilowatt hours distributed using a daily average;
(3) Multiplying $0.00363 for the remaining kilowatt hours
distributed using a daily average.
Except as provided in division (C) of this section, the
electric distribution company shall pay the tax to the
treasurer
of
state
tax commissioner in accordance with section 5727.82 of
the Revised
Code, unless required to remit
each tax payment by
electronic funds transfer to the treasurer of
state in accordance
with section 5727.83 of the Revised Code.
Only the distribution of electricity through
a meter of an
end user in
this state shall be used by the electric distribution
company to
compute the amount or estimated amount of tax due. In
the event a meter is
not actually read for a measurement period,
the estimated kilowatt hours
distributed by an electric
distribution company to bill
for its distribution charges shall
be used.
(B) Except as provided in division (C) of this section,
each
electric distribution company shall pay the tax imposed by this
section in all of the following circumstances:
(1) The electricity is distributed by the company through
a
meter of an end user in this state;
(2) The company is distributing electricity through a
meter
located in another state, but the electricity is consumed
in this
state in the manner prescribed by the tax
commissioner;
(3) The company is distributing electricity in this state
without the use of a meter, but the electricity is consumed in
this state as estimated and in the manner prescribed by
the tax
commissioner.
(C)(1) As used in division (C) of this section:
(a)
"Total price of electricity" means the aggregate value
in
money of anything paid or transferred, or promised to be paid
or
transferred,
to obtain electricity or electric
service,
including
but not limited to the value paid or promised
to be paid
for the
transmission or distribution of electricity and
for
transition
costs as described in Chapter 4928. of the Revised
Code.
(b)
"Package" means the provision or the acquisition, at a
combined price, of electricity with other services or products, or
any
combination thereof, such as natural gas or other fuels;
energy
management products, software, and services; machinery and
equipment acquisition; and financing agreements.
(c)
"Single location" means a facility located on contiguous
property separated only by a roadway, railway, or waterway.
(2) Division (C) of this section applies to any
commercial
or industrial
purchaser's receipt of electricity
through a meter
of an end user in this
state or through more than one meter at a
single location
in this state in a quantity that exceeds
forty-five million kilowatt hours
of electricity
over the course
of the
preceding calendar year, or any commercial or industrial
purchaser
that will
consume more than forty-five
million kilowatt
hours
of electricity over the course of the
succeeding twelve
months as
estimated by the tax commissioner.
The tax commissioner
shall
make such an estimate upon the written
request by an
applicant for
registration as a self-assessing
purchaser under
this division.
Such a purchaser
may elect to self-assess the
excise tax imposed
by this section at the
rate of $.00075 per
kilowatt hour on
not
more than
the first five hundred four
million
kilowatt hours
distributed to that meter or location during the
registration year, and four per
cent of the total price of
all
electricity distributed to that meter
or location. A
qualified
end user that receives electricity
through a meter of an end
user
in this state
or through more than
one meter at a
single location
in this state and that consumes,
over the
course of the previous
calendar year, more than
forty-five million
kilowatt hours in
other than its qualifying
manufacturing process, may
elect to
self-assess the tax as allowed
by this division
with respect to
the electricity used in other
than its qualifying
manufacturing
process. Payment of the tax
shall be made directly to the
tax
commissioner in accordance with divisions (A)(4) and (5) of
section 5727.82 of the Revised Code, or the
treasurer of state in
accordance
with
divisions (A)(4) and (5) of
section
5727.82
5727.83 of the
Revised
Code. If the electric
distribution
company
serving the
self-assessing purchaser is a
municipal
electric
utility and the
purchaser is within the
municipal
corporation's
corporate limits,
payment shall be made to such
municipal
corporation's general fund
and reports shall be filed in
accordance
with divisions
(A)(4)
and (5) of
section 5727.82 of
the Revised Code,
except that
"municipal corporation" shall be
substituted for
"treasurer of
state" and
"tax commissioner." A
self-assessing purchaser that
pays the excise tax as provided in
this
division shall not be
required to pay the tax to
the
electric distribution company from
which its
electricity is
distributed.
If a self-assessing
purchaser's receipt of
electricity is not subject to the
tax as
measured under this
division, the tax on the receipt of such
electricity shall be
measured and paid as provided in division (A)
of this section.
(3) In the case of
the acquisition of a package, unless the
elements of the
package are separately
stated isolating the total
price of electricity from the price of the
remaining elements of
the
package, the tax imposed under this section applies to the
entire
price of the package. If the elements of the package are
separately stated, the tax imposed under this section applies to
the total price of the electricity.
(4) Any electric supplier that sells electricity as part of
a
package shall separately state to the purchaser the total price
of the
electricity and, upon request by the tax commissioner, the
total price
of each of the other elements of the package.
(5) The tax commissioner may adopt rules relating to the
computation of the total price of electricity with respect to
self-assessing purchasers, which may include rules to establish
the total price of electricity purchased as part of a package.
(6)
Application
An annual application for registration as a
self-assessing
purchaser
shall be made for each qualifying meter
or location, on
a form
prescribed by the tax commissioner.
The
registration year begins on the first day of may and ends on the
following thirtieth day of April. Persons may apply after the
first day of May for the remainder of the registration year. In
the case of an
applicant
applying on the basis of an estimated
consumption of
forty-five
million kilowatt hours over the course
of the
succeeding twelve
months, the applicant shall provide such
information as the tax
commissioner considers to be necessary to
estimate such
consumption. At the time of making the
application
and by the first day of May of each year, excluding
May 1, 2000, a
self-assessing purchaser shall pay a fee of five
hundred dollars
to the
tax commissioner, or to the treasurer of state
as provided
in section 5727.83 of the Revised Code, for each qualifying meter
or
location.
The tax commissioner
shall immediately pay to the
treasurer of state all amounts that
the tax commissioner receives
under this section.
The treasurer of state shall deposit such
fees
amounts
into the
kilowatt
hour excise tax administration
fund, which is hereby
created in
the state treasury. Money in the
fund shall be used to
defray the
tax commissioner's cost in
administering the tax owed
under
section 5727.81 of the Revised
Code by self-assessing
purchasers.
After the application is
approved by the tax
commissioner, the
registration shall remain in
effect
for the current registration
year, or until canceled by the
registrant upon written
notification to the commissioner of the
election to pay the tax in
accordance with division (A) of this
section, or
until canceled by
the tax commissioner for not paying
the tax or fee
under
division
(C) of this section, or
for not
meeting the qualifications
in
division (C)(2) of this section.
The
tax commissioner
shall
give
written notice to the electric
distribution company from
which
electricity is delivered to a
self-assessing purchaser of
the
purchaser's
self-assessing status,
and the electric
distribution
company is relieved of the
obligation
to pay the tax
imposed by
division (A) of this section
for
electricity
distributed to that
self-assessing purchaser
until
it is notified
by
the tax
commissioner that the self-assessing
purchaser's
registration is
canceled. Within fifteen days of
notification of
the canceled
registration, the electric
distribution company shall
be
responsible for payment of the tax
imposed by division (A) of
this
section on electricity distributed
to a purchaser that is no
longer
registered as a
self-assessing
purchaser. A self-assessing
purchaser with a canceled
registration must file a
report and
remit the tax imposed by
division (A) of this section
on all
electricity it receives for
any measurement period prior to the
tax
being reported and paid
by
the electric distribution company.
A self-assessing purchaser
whose registration is canceled by the
tax commissioner is not
eligible to
register as a self-assessing
purchaser for two years
after the registration is
canceled.
(7) If the tax commissioner cancels the self-assessing
registration of a purchaser registered on the basis of its
estimated consumption because the purchaser does not consume at
least forty-five million kilowatt hours of electricity over the
course of the twelve-month period for which the estimate was made,
the tax commissioner shall assess and collect from the purchaser
the difference between (a) the amount of tax that would have
been
payable under division (A) of this section on the electricity
distributed to the purchaser during that period and (b) the
amount
of tax paid by the purchaser on such electricity pursuant to
division (C)(2)(a) of this section. The assessment shall be
paid
within sixty days after the tax commissioner issues it, regardless
of whether the purchaser files a petition for reassessment under
section 5727.89 of the Revised Code covering that period. If the
purchaser does not pay the assessment within the time prescribed,
the amount assessed is subject to the additional charge and the
interest prescribed by divisions (B) and (C) of section
5727.82 of
the Revised Code, and is subject to assessment under section
5727.89 of the Revised Code. If the purchaser is a qualified end
user, division (C)(7) of this section applies only to electricity
it consumes in other than its qualifying manufacturing process.
(D) The tax imposed by
this section does not apply to the
distribution of any kilowatt hours
of electricity to the federal
government, to an end user located at a federal
facility that uses
electricity for the enrichment of uranium, to a
qualified
regeneration meter, or to an end
user for any day the end
user is
a qualified end user. The exemption under this division for a
qualified end user only applies to the manufacturing location
where the
qualified end user uses more than three million kilowatt
hours per day in a
qualifying manufacturing process.
Sec. 5727.811. (A) For the purpose of raising revenue for
public
education and state and local government operations, an
excise tax is hereby
levied on every natural
gas distribution
company for all natural gas volumes billed by, or on behalf
of,
the company
on and after
beginning with the measurement period
that includes July 1, 2001. Except as provided in
divisions (C)
or (D) of this section, the tax shall be
levied at
the
following
rates per MCF of natural gas distributed by the
company through a
meter of an end user in this state:
|
MCF DISTRIBUTED TO AN END USER |
RATE PER MCF |
|
For the first 100 MCF per month |
$.1593 |
|
For the next 101 to 2000 MCF per
month |
$.0877 |
|
For 2001 and above MCF per month |
$.0411 |
If no meter is used to measure the MCF of natural gas
distributed
by the company, the rates shall apply to the estimated
MCF of
natural gas distributed to an unmetered location in this
state.
(B) A natural gas distribution company shall base the tax on
the MCF of natural gas distributed to an end user through the
meter of the end user in this state that is estimated to be
consumed by the
end user as reflected on the end user's
customer
statement from the natural gas distribution company. The
natural
gas distribution company shall pay the tax levied by this
section
to the
treasurer of state
tax commissioner in accordance with
section
5727.82 of
the Revised Code
unless required to remit
payment to the treasurer of state in accordance with section
5727.83 of the Revised Code.
(C)
A natural gas distribution company with fifty thousand
customers
or less may elect to apply the rates specified in
division (A) of
this section to the aggregate of the natural gas
distributed by the company
through the meter of all its customers
in this
state, and upon such election, this method shall be used
to determine the
amount of tax to be paid by such company.
(D)
A natural gas distribution company shall pay the tax
imposed
by this section at the rate of $.02 per MCF of natural gas
distributed by the company through the meter of
a flex customer.
The natural gas distribution company correspondingly shall
reduce
the per MCF rate that it charges the flex customer for
natural gas
distribution services by $.02 per MCF of natural gas
distributed
to the flex customer.
(E) Except as provided in division (F) of this section,
each
natural gas distribution company shall pay the tax imposed by this
section in all of the following circumstances:
(1) The natural gas is distributed by the company through a
meter
of an end user in this state;
(2) The natural gas distribution company is distributing
natural
gas through a meter located in another state, but the
natural gas is
consumed in this state in the manner prescribed by
the tax
commissioner;
(3) The natural gas distribution company is distributing
natural
gas in this state without the use of a meter, but the
natural gas is
consumed in this state as estimated and in the
manner prescribed by the
tax commissioner.
(F) The tax levied by this section does not apply to the
distribution of natural gas to the federal government,
or natural
gas produced by an end user in this state that is consumed
by that
end user or its affiliates and is not distributed through
the
facilities of a natural gas company.
Sec. 5727.82. (A)(1) Except as provided in divisions
(A)(3)
and (D) of this section, by the
twentieth day of each
month, each
electric distribution company
required to pay the tax
imposed by
section 5727.81 of the
Revised
Code shall file with the
treasurer
of state
tax commissioner a return as prescribed by the
tax
commissioner and shall
make payment of the full amount of tax
due
for the preceding
month. The first payment of this tax shall
be
made on
or before
June 20, 2001.
The electric distribution
company
shall make payment to the tax commissioner unless required
to
remit each tax payment by electronic funds transfer to the
treasurer of state as provided in section 5727.83 of the Revised
Code.
(2) By the twentieth day of May, August,
November, and
February, each natural gas distribution
company required to pay
the tax imposed by section 5727.811 of the
Revised Code shall file
with the
treasurer of state
tax commissioner a return
as
prescribed by the tax
commissioner and shall make payment
to the
tax commissioner, or to the treasurer of state as provided in
section 5727.83 of the Revised Code, of the full
amount of tax due
for the preceding quarter. The first payment of this tax
shall be
made on or before November 20, 2001, for the quarter ending
September 30, 2001.
(3) If the electric distribution company required to pay
the
tax imposed by section 5727.81 of the
Revised
Code is a municipal
electric
utility, it may retain in its general fund that portion
of the tax on the kilowatt hours distributed to end users
located
within the boundaries of the municipal corporation.
However, the
municipal electric utility shall make payment in
accordance with
division (A)(1)
of this section of the tax due on the kilowatt
hours distributed
to end users located outside the boundaries of
the municipal
corporation.
(4) By the twentieth day of each
month, each self-assessing
purchaser that under division (C) of
section 5727.81 of the
Revised Code pays directly to the
tax commissioner or the
treasurer
of state the tax
imposed by section 5727.81 of the
Revised
Code
shall file with the
treasurer of state
tax
commissioner a return as prescribed by the tax
commissioner
and
shall make payment of the full amount of
the tax due for the
preceding month.
(5) As prescribed by the tax commissioner,
a return shall
be signed by
the company or self-assessing purchaser required to
file it, or an authorized employee, officer, or agent of the
company or purchaser.
The treasurer of state shall mark on the
return the
date it was received and indicate payment or nonpayment
of the tax shown to
be due on the return. The treasurer of state
immediately shall transmit
all returns to the tax commissioner.
The return shall be deemed
filed when received by the treasurer of
state
tax commissioner.
(B) Any natural gas distribution company, electric
distribution
company, or self-assessing purchaser
required by this
section to file a return
who fails to file it and pay the tax
within the period prescribed shall pay an
additional charge of
fifty dollars or ten per cent of the tax
required to be paid for
the reporting period, whichever is
greater. The tax commissioner
may collect the additional charge
by assessment pursuant to
section 5727.89 of the
Revised
Code. The commissioner may
abate
all or a portion of the additional charge and may adopt
rules
governing such abatements.
(C) If any tax due is
not paid timely in accordance with
this section, the natural gas
distribution company, electric
distribution company, or self-assessing purchaser liable for the
tax
shall pay
interest, calculated at the rate per annum
prescribed by section 5703.47
of the Revised
Code, from the date
the tax
payment was due to the date of payment or to the date an
assessment is issued, whichever occurs first. Interest shall be
paid in the same manner as the tax, and the commissioner may
collect the interest by assessment pursuant to section 5727.89
of
the Revised Code.
(D) Not later than the tenth day of each month, a qualified
end
user not making the election to
self-assess under division (C)
of section 5727.81 of the Revised Code
shall report in writing to
the electric distribution company
that distributes electricity to
the end user the kilowatt hours
that were consumed as a qualified
end user in a qualifying manufacturing
process for the prior month
and
the number of days, if any, on which the end user was not a
qualified end user.
For each calendar day during
that month, a
qualified end user shall report the kilowatt hours that
were not
used in a qualifying manufacturing process.
For each calendar day
the end user was not a
qualified end user, the end user shall
report in writing to the
electric distribution company the total
number of kilowatt hours used
on
that day, and the electric
distribution company shall pay the tax
imposed under section
5727.81 of the Revised Code on each
kilowatt hour that was not
distributed to a qualified end user in a
qualifying manufacturing
process.
The electric distribution company may rely in good faith
on a
qualified end user's report filed under this division. If it
is determined that the end user was not a qualified end user for
any calendar day or the quantity of electricity used by the
qualified end user in a qualifying manufacturing process was
overstated, the tax commissioner shall
assess and collect any tax
imposed under section 5727.81 of the
Revised Code directly from
the
qualified end user. As requested by the commissioner, each
end user
reporting to an electric distribution company that it is
a
qualified end user shall provide documentation to the
commissioner that
establishes
the volume of electricity consumed
daily by the qualified end
user and the total number of kilowatt
hours consumed in a qualifying
manufacturing process.
(E) The tax commissioner shall immediately pay to the
treasurer of state all amounts that the tax commissioner receives
under this section. The treasurer of state shall credit such
amounts in accordance with this chapter.
Sec. 5727.84. (A) As used in this section and sections
5727.85,
5727.86, and
5727.87 of the Revised Code:
(1)
"School district" means a city, local, or exempted
village
school district.
(2)
"Joint vocational school district" means a joint
vocational
school district created under section 3311.16 of the
Revised
Code,
and includes a cooperative education school district
created under
section 3311.52 or 3311.521 of the Revised Code and
a county
school financing district created under section 3311.50
of the
Revised Code.
(3)
"Local taxing unit" means a subdivision or taxing unit,
as defined in
section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or
a township
park district established under section 511.23 of the Revised
Code,
but excludes
school districts
and joint vocational school
districts.
(4)
"State education aid" means the sum of
the state
basic
aid
and state special education aid amounts computed for a school
district
or joint vocational school district
under
divisions (A)
and (C) of section 3317.022
Chapter 3317. of the
Revised
Code.
(5)
"State education aid offset" means the amount certified
for
each school district under division (A)(1) of section 5727.85
of
the Revised Code.
(6)
"Adjusted total taxable value
Recognized valuation" has
the same meaning as
in
section 3317.02 of the Revised Code.
(7)
"Electric company tax value loss" means the amount
determined
under division (D) of this section.
(8)
"Natural gas company tax value loss" means the amount
determined under
division (E) of this section.
(9)
"Tax value loss" means the sum of the electric company
tax value loss and the
natural gas company tax value loss.
(10)
"Fixed-rate levy" means any tax levied on property
other
than
a fixed-sum levy.
(11)
"Fixed-rate levy loss" means the amount determined
under
division (G) of this section.
(12)
"Fixed-sum levy" means a tax levied on property at
whatever
rate is required to produce a specified amount of tax
money or to pay
debt charges, and includes school district
emergency levies imposed
pursuant to section 5705.194 of the
Revised Code.
(13)
"Fixed-sum levy loss" means the amount determined
under
division (H) of this section.
(14)
"Consumer price index" means the consumer price
index
(all
items, all urban consumers) prepared by the bureau of labor
statistics
of the United States department of labor.
(B) All money arising from the tax imposed by section
5727.81 of
the Revised Code shall be credited as follows:
(1) Fifty-nine and nine hundred seventy-six one-thousandths
per
cent, plus an amount equal to seventy per cent of the total
state education aid offset, shall be
credited to the general
revenue fund.
(2) Two and six hundred forty-six one-thousandths per cent
shall
be credited to the local government fund, for distribution
in accordance
with section 5747.50 of the Revised Code.
(3) Three hundred seventy-eight one-thousandths per cent
shall be
credited to the local government revenue assistance fund,
for
distribution in accordance with section 5747.61 of the Revised
Code.
(4) Twenty-five and nine-tenths per cent, less an amount
equal to
seventy per cent of the total state education aid offset,
shall
be credited to the school district
property tax replacement
fund, which is hereby created in the state
treasury for the
purpose of making the payments described in
section 5727.85 of the
Revised Code.
(5) Eleven and one-tenth per cent shall be credited to the
local
government property tax replacement fund, which is hereby
created in the
state treasury for the purpose of making the
payments described in
section 5727.86 of the Revised Code.
(6) Beginning in the fiscal year in which payments are
required to be made
under sections 5727.85 and 5727.86 of the
Revised Code, if the revenue arising
from the tax levied by
section 5727.81 of the Revised Code is less than five
hundred
fifty-two million
dollars, the amount credited to the general
revenue fund under division
(B)(1) of this section shall be
reduced by the amount
necessary to credit to each of the funds in
divisions
(B)(2), (3), (4), and (5) of this section the amount it
would have
received if the tax did raise five hundred fifty-two
million dollars for that
fiscal year. The tax commissioner shall
certify to the director of budget and
management the amounts that
shall be credited under this division.
(C)
All money arising from the tax imposed by section
5727.811 of the
Revised Code shall be credited as follows:
(1) Seventy per cent, less an amount equal to thirty per
cent of
the total state education aid offset, shall be credited to
the school
district property tax replacement fund for the purpose
of making the
payments described in section 5727.85 of the Revised
Code.
(2) Thirty per cent shall be credited to the local
government
property tax replacement fund for the purpose of making
the payments
described in section 5727.86 of the Revised Code.
(3) An amount equal to thirty per cent of the total state
education aid offset shall be credited to the general revenue
fund.
(4) Beginning in the fiscal year in which payments are
required
to be made under sections 5727.85 and 5727.86 of the
Revised
Code,
if the revenue arising from the tax levied by
section 5727.811 of the
Revised Code is less than ninety million
dollars, the
amount credited to the general revenue fund under
division (C)(3)
of this section shall be reduced by the amount
necessary to credit to each of
the funds in
divisions (C)(1) and
(2) of this section the amount that it would
have received if the
tax did raise ninety million dollars for that fiscal
year. The
tax
commissioner shall certify to the director of budget and
management the amounts that shall be credited under this division.
(D)
Not later than January 1, 2002, the tax commissioner
shall
determine for each taxing district its electric company tax
value loss,
which is the sum
of the amounts described in divisions
(D)(1) and (2) of
this section:
(1) The difference obtained by subtracting the amount
described
in division (D)(1)(b) from the amount described in
division
(D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year
1998 on a preliminary
assessment, or an amended
preliminary assessment if issued prior to
March 1, 1999, and as
apportioned to the taxing district
for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described
in division (D)(2)(b) from the amount described in
division
(D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and
1998 of
the assessed value from nuclear fuel materials and
assemblies assessed
against a person under Chapter 5711. of the
Revised Code
from the leasing of them to an electric company for
those respective tax
years, as reflected in the preliminary
assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a)
of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary
assessments, using an assessment rate of
twenty-five
per cent.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value
loss, which
is the sum of the amounts described in
divisions (E)(1) and
(2) of this section:
(1) The difference obtained by subtracting the amount
described
in division (E)(1)(b) from the amount described in
division
(E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a
preliminary assessment, or an
amended preliminary assessment if
issued prior to March 1, 2000,
and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division
(E)(2)(b) from the
amount described in division (E)(2)(a) of this
section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a
preliminary assessment, or an amended
preliminary
assessment if issued prior to March 1, 2001, and as
apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under
division (E)(2)(a) of this section for tax years
1997, 1998,
and
1999, as reflected in the preliminary assessment, using an
assessment
rate of twenty-five per cent.
(F)
The tax commissioner may request that natural gas
companies,
electric companies, and rural
electric companies file a
report to help determine the tax value loss
under divisions (D)
and (E) of
this section. The report shall be filed
within thirty
days of the commissioner's request. A company that fails to
file
the report or does not timely file the
report is subject to the
penalty in section 5727.60 of the Revised
Code.
(G) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-rate levy loss, which is
the sum of its
electric company tax value loss
multiplied by
the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax
year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described
in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss
multiplied by the
tax rate in effect in
tax year 1998, and the
natural gas company tax value loss multiplied
by the tax rate in
effect in tax year 1999, for fixed-sum levies
for all taxing
districts within
each school district, joint vocational school
district, and local
taxing unit. For the years 2002 through 2006,
this computation shall
include school district emergency levies
that existed in 1998
in the case
of the electric company tax value
loss, and 1999 in the case of the natural
gas company tax value
loss, and
all other fixed-sum levies that existed in 1998 in the
case of the electric
company tax value loss and 1999 in the case
of the natural gas company tax
value loss
and continue to be
charged in the tax year preceding the distribution year. For the
years 2007
through 2016 in the case of school district emergency
levies, and for all
years after 2006 in the case of all other
fixed-sum levies, this
computation shall exclude all
fixed-sum
levies that
existed in 1998 in the case of the electric company
tax value loss and 1999
in the case of the natural gas company tax
value loss, but are no
longer in effect in the tax year
preceding
the distribution year. For the purposes of this section, an
emergency levy that existed in 1998 in the case of the electric
company tax
value loss, and 1999 in the case of the natural gas
company tax value
loss, continues to exist in a year beginning on
or after January 1, 2007, but before January 1, 2017, if, in
that
year, the board of education levies a school district emergency
levy for
an annual sum at least equal to the annual sum levied by
the board in tax year
1998 or 1999, respectively, less the amount
of the payment
certified under
this division for 2002.
(2) The total taxable value in tax year 1998 in the case of
the electric
company tax value loss and 1999 in the case of the
natural gas company tax
value loss in each school
district, joint
vocational school district, and local taxing unit
multiplied by
one-fourth of one mill.
If the amount computed under division
(H) of this section
for any
school district, joint vocational school district, or
local taxing unit is
greater than zero, that amount shall equal
the fixed-sum levy loss reimbursed
pursuant to division (E) of
section 5727.85 of the
Revised Code or division (A)(2)
of section
5727.86 of the Revised Code, and the one-fourth of one
mill that
is subtracted under division (H)(2) of this section
shall be
apportioned
among
all contributing fixed-sum levies in the
proportion of each levy to the sum of
all fixed-sum levies within
each school district,
joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D),
(E), (G), and (H) of
this section, in
computing the tax value loss, fixed-rate levy
loss, and fixed-sum levy loss, the tax commissioner shall use the
greater of
the 1998 tax rate or the 1999 tax rate in the case of
levy losses
associated with the electric company tax value loss,
but the 1999 tax rate
shall not
include for this purpose any tax
levy approved by the voters after
June 30, 1999, and the tax
commissioner shall use the greater of the
1999 or the 2000 tax
rate in the case of levy losses associated with the
natural gas
company tax value loss, but the 2000 tax rate shall not include
for this purpose any tax levy approved by the voters after
November
7,
2000.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined
under divisions (D) and (E) of this section for each
taxing
district.
Sec. 5727.85. (A) By the thirty-first day of July of
each
year, beginning in 2002 and
ending in 2016, the department of
education shall determine the following for
each school district
eligible for payment under division
(C) of this section:
(1) The state education aid offset, which is the difference
obtained by subtracting the amount described in division
(A)(1)(b)
of this section from the amount described in division
(A)(1)(a) of
this section:
(a) The state education aid computed for the school district
for
the current fiscal year on the basis of
the adjusted total
taxable
value
recognized valuation;
(b) The state education aid that would be computed for the
school
district for the current fiscal year if the district's
adjusted total taxable value
recognized valuation included the tax
value loss for all
taxing districts in the school district.
(2) The difference obtained by subtracting the state
education
aid offset determined under division (A)(1) of this
section from
the fixed-rate levy loss determined under division
(G) of
section
5727.84 of the Revised Code for all taxing
districts in each
school district. The department of education
shall certify the amount so
determined to the director of budget
and management.
(B) Not later than the thirty-first day of October of
the
years 2006 through 2016, the
department of education shall
determine all of the following for each
school district:
(1) The amount obtained by subtracting the district's state
education aid computed for fiscal year 2002 from the district's
state
education aid computed for the current fiscal year;
(2) The inflation-adjusted property tax loss. The
inflation-adjusted property tax loss equals the fixed-rate levy
loss
determined
under division (G) of section 5727.84 of the
Revised
Code for all taxing districts in each school district plus
the
product obtained by multiplying that loss by the cumulative
percentage
increase in the consumer price index from January 1,
2002, to the
thirtieth day of June of the current year.
(3) The difference obtained by subtracting the amount
computed
under division (B)(1) from the amount of the
inflation-adjusted
property tax loss. If this difference is zero
or a negative number, no
further payments shall be made under
division (C) of this
section to the school district from the
school district property tax
replacement fund. If
the difference
is greater than zero, the department of education shall certify
the amount
calculated in division (A)(2) of this section to the
director of
budget and management not later than the thirty-first
day of December
of each year,
beginning in 2006 and ending in
2016.
(C) For all taxing districts in each school district, the
director of budget and management shall pay from the school
district property
tax replacement fund to the county undivided
income tax fund in the proper county treasury all of the
following:
(1) In February 2002, one-half of the fixed-rate levy loss
certified under division (G) of section 5727.84 of the
Revised
Code on or before the day prescribed for
the settlement under
division (A) of section 321.24 of the
Revised Code.
(2) From August 2002 through August 2006, one-half of
the
amount certified for that fiscal year under division (A)(2) of
this section on or before each of the days prescribed for the
settlements
under divisions (A) and (C) of section 321.24 of the
Revised Code.
(3) From February 2007 through August 2016, one-half of
the
amount certified for that calendar year under division (B)(3) of
this section on or before each of the days prescribed for the
settlements
under divisions (A) and (C) of section 321.24 of the
Revised Code.
The county treasurer shall distribute amounts paid under
divisions
(C)(1), (2), and (3) of this section to the proper
school district
as if they had been levied and collected as taxes,
and the school district
shall apportion the amounts so received
among
its funds in the same proportions as if those amounts had
been
levied and collected as taxes.
(D) Not later than January 1, 2002, for all taxing
districts
in
each joint vocational school district, the tax commissioner
shall certify to
the director of budget and management the
fixed-rate levy loss determined
under
division (G) of section
5727.84 of the Revised
Code. From
February 2002 to August 2016,
the director shall pay from
the school district property tax
replacement fund to the county
undivided income tax fund in the
proper county treasury, one-half
of the fixed-rate levy loss so
certified for each year on or
before each of the days prescribed
for the settlements under
divisions (A) and (C) of section 321.24
of the
Revised Code. The
county treasurer shall distribute such
amounts to the proper joint vocational school district as if they
had been levied and collected as taxes, and the joint vocational
school district shall
apportion the amounts so received among its
funds in the same
proportions as if those amounts had been levied
and collected as
taxes.
(E)(1) Not later than January 1, 2002, for each fixed-sum
levy levied
by each school district
or joint vocational school
district and for each year for
which a determination is made
under division
(H) of section 5727.84
of the Revised Code that a
fixed-sum levy loss is to be reimbursed, the
tax commissioner
shall certify to the director of
budget and
management the
fixed-sum levy loss determined under
that division. The
certification shall cover a time period sufficient to include all
fixed-sum
levies
for which the tax commissioner made such a
determination. The director shall pay from the
school district
property tax replacement fund to the county
undivided income tax
fund in the proper county treasury one-half
of the fixed-sum levy
loss so certified for each year on or before
each of the days
prescribed for the settlements under divisions
(A) and (C) of
section 321.24 of
the Revised Code. The county treasurer shall
distribute the
amounts to the proper school district or joint
vocational school district as
if they had been levied and
collected as taxes, and the
district shall apportion the amounts
so received among its funds
in the same proportions as if those
amounts had been levied and
collected as taxes.
(2) Beginning in 2003, by the thirty-first day of
January of
each year, the tax commissioner shall review the
certification
originally made
under division (E)(1) of this section. If the
commissioner
determines that a fixed-sum levy that had been
scheduled to be reimbursed in
the current
year has expired, a
revised certification for that and all
subsequent years shall be
made to the director of budget and
management.
(F) By August 5, 2002, the tax commissioner shall
estimate
the
amount of money in the school district property tax
replacement fund in
excess of the amount necessary to make
payments in that month under
divisions (C), (D), and (E) of this
section.
Notwithstanding division (C) of this section, the
department of
education, in consultation with the tax commissioner
and from those excess
funds, may pay any
school district four and
one-half times the amount certified under
division (A)(2) of this
section. Payments shall be made in order
from the smallest annual
loss to the largest annual loss. A payment made
under this
division shall
be in lieu of the payment to be made in August 2002
under
division (C)(2) of this section. No payments shall be made
in the
manner established in this division to any school district
with annual losses
from permanent
improvement fixed-rate levies in
excess of twenty thousand
dollars, or annual losses from any other
fixed-rate levies in
excess of twenty thousand dollars. A school
district receiving a
payment under this division is no longer
entitled to any further
payments under division (C) of this
section.
(G) On the thirty-first day of July of 2003, 2004, 2005,
and
2006, and on the
thirty-first day of January and July of 2007 and
each year
thereafter, if the amount credited to the school
district property
tax replacement fund exceeds the amount needed
to make payments
from the fund under divisions (C), (D), and (E)
of
this section in
the following month, the director of budget and
management shall
distribute
the excess among school districts and
joint vocational school
districts. The
amount
distributed to each
district shall bear the same proportion to the
excess remaining in
the fund as the ADM of the district bears to
the ADM of all of the
districts. For the purpose of this
division,
"ADM" means the
formula ADM in the case of a
school
district, and the average
daily membership reported under section
3317.03
of the Revised
Code in the case of a joint vocational
school district.
If, in the opinion of the director of budget and management,
the
excess remaining in the school district property tax
replacement
fund in any year is not sufficient to warrant
distribution under
this division, the excess shall remain to the
credit of the fund.
Amounts received by a school district or joint vocational
school
district under this division shall be used exclusively for
capital
improvements.
(H) If the total amount in the school district property tax
replacement fund is insufficient to make all payments under
divisions (C), (D), and (E) of this section, the payments required
under division (E) of this section shall be made first in their
entirety. After all payments are made under division (E) of this
section, payments under divisions (C) and (D) of this section
shall be made from the balance of money available in the
proportion of each school district's or joint vocational school
district's payment amount to the total amount of payments under
divisions (C) and (D) of this section.
(I) If all or a part of the territory of a school district
or
joint vocational school district is merged with or transferred
to
another district, the tax commissioner shall adjust the
payments
made under this section to each of the districts in
proportion to
the tax value loss apportioned to the merged or
transferred
territory.
(J) There is hereby created the public utility
property tax
study
committee, effective January 1, 2011. The committee shall
consist
of the following seven members: the tax commissioner,
three
members of the senate appointed by the president of the
senate,
and three members of the house of representatives
appointed by the
speaker of the house of representatives. The
appointments shall
be made not later than January 31, 2011. The
tax commissioner shall be the
chairperson of the committee.
The committee shall study the extent to which each school
district
or joint vocational school district has been compensated,
under
sections 5727.84 and 5727.85 of the Revised Code as enacted
by
Substitute Senate Bill No. 3 of the 123rd general assembly and
any
subsequent acts, for the property tax loss caused by the
reduction
in the assessment rates for natural gas, electric, and
rural electric company
tangible personal property. Not later than
June 30, 2011, the
committee shall issue a report of its findings,
including any
recommendations for providing additional
compensation for the
property tax loss or regarding remedial
legislation, to the
president of the senate and the speaker of the
house of
representatives, at which time the committee shall cease
to exist.
The department of taxation and department of education shall
provide such information and assistance as is required for the
committee to carry out its duties.
Sec. 5728.08. Except as provided in section 5728.03 of the
Revised Code and except as otherwise provided in this section,
whoever
is liable for the payment of the tax levied
by section
5728.06 of the Revised Code, on or before the last day
of each
January, April, July, and October, shall file with the
treasurer
of state
tax commissioner, on forms prescribed by the tax
commissioner,
a highway
use tax return and make payment of the
full amount of
the tax due
for the operation of each commercial
car and
commercial tractor
for the next preceding three calendar
months. If
the commercial
cars or commercial tractors are farm
trucks and the amount
of
motor fuel used to operate the trucks
during the next preceding
twelve
calendar months was less than
fifteen thousand gallons, the
highway use tax return shall be
filed and the full amount of tax
due paid on
or before the last
day of each
July for the next
preceding twelve calendar months.
If
the
commercial cars or
commercial tractors are farm trucks and
the
amount of motor
fuel
used to operate the trucks during the
next
preceding twelve
calendar
months was fifteen thousand gallons
or
more, the highway
use tax return shall
be filed and the full
amount of the tax due
paid either on or before the last
day of
each July for the next
preceding twelve calendar months, or
on or
before the last day of
each January, April,
July, and October for
the next preceding
three calendar
months, at the option of the
person liable for
payment of the tax. If the
commercial cars or
commercial tractors
are not farm trucks, and if, in the
estimation
of the tax
commissioner, the amount of the tax due does not
warrant
quarterly
filing, the commissioner may authorize the
filing of the highway
use
tax return and payment of the full
amount due on or before the
last day of
each July for the next
preceding twelve months.
Immediately upon the receipt of a highway use tax return,
the
treasurer of state shall mark on the return the date it was
received by the treasurer of state and the amount of tax
payment
accompanying the
return and shall transmit the return to the
The
tax
commissioner
shall immediately forward to the treasurer of
state all money received from the tax levied by section 5728.06 of
the Revised Code.
The treasurer of state shall place to the credit of the tax
refund fund created by section 5703.052 of the Revised Code, out
of receipts from the taxes levied by section 5728.06 of the
Revised Code, amounts equal to the refund certified by the tax
commissioner pursuant to section 5728.061 of the Revised Code.
Receipts from the tax shall be used by the tax commissioner to
defray expenses incurred by the department of taxation in
administering sections 5728.01 to 5728.14 of the Revised Code.
All moneys received in the state treasury from taxes levied
by section 5728.06 of the Revised Code and fees assessed under
sections 5728.02 and 5728.03 of the Revised Code which are not
required to be placed to the credit of the tax refund fund as
provided by this section shall, during each calendar year, be
credited to the highway improvement bond retirement fund created
by section 5528.12 of the Revised Code until the commissioners of
the sinking fund certify to the treasurer of state, as required
by
section 5528.17 of the Revised Code, that there are sufficient
moneys to the credit of the highway improvement bond retirement
fund to meet in full all payments of interest, principal, and
charges for the retirement of bonds and other obligations issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code due and payable
during the current calendar year and during the next succeeding
calendar year. From the date of the receipt of the certification
required by section 5528.17 of the Revised Code by the treasurer
of state until the thirty-first day of December of the calendar
year in which the certification is made, all moneys received in
the state treasury from taxes levied under section 5728.06 of the
Revised Code and fees assessed under sections 5728.02 and 5728.03
of the Revised Code which are not required to be placed to the
credit of the tax refund fund as provided by this section shall
be
credited to the highway obligations bond retirement fund
created
by section 5528.32 of the Revised Code until the
commissioners of
the sinking fund certify to the treasurer of
state, as required by
section 5528.38 of the Revised Code, that
there are sufficient
moneys to the credit of the highway
obligations bond retirement
fund to meet in full all payments of
interest, principal, and
charges for the retirement of bonds and
other obligations issued
pursuant to Section 2i of Article VIII,
Ohio Constitution, and
sections 5528.30 and 5528.31 of the
Revised Code due and payable
during the current calendar year and
during the next succeeding
calendar year. From the date of the
receipt of the certification
required by section 5528.38 of the
Revised Code by the treasurer
of state until the thirty-first day
of December of the calendar
year in which the certification is
made, all moneys received in
the state treasury from taxes levied
under section 5728.06 of the
Revised Code and fees assessed under
sections 5728.02 and 5728.03
of the Revised Code which are not
required to be placed to the
credit of the tax refund fund as
provided by this section shall be
credited to the highway
operating fund created by section 5735.291
of the Revised Code,
except as provided by the next succeeding
paragraph of this
section.
From the date of the receipt by the treasurer of state of
certifications from the commissioners of the sinking fund, as
required by sections 5528.18 and 5528.39 of the Revised Code,
certifying that the moneys to the credit of the highway
improvement bond retirement fund are sufficient to meet in full
all payments of interest, principal, and charges for the
retirement of all bonds and other obligations which may be issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code, and to the
credit of the highway obligations bond retirement fund are
sufficient to meet in full all payments of interest, principal,
and charges for the retirement of all obligations issued pursuant
to Section 2i of Article VIII, Ohio Constitution, and sections
5528.30 and 5528.31 of the Revised Code, all moneys received in
the state treasury from the taxes levied under section 5728.06
and
fees assessed under sections 5728.02 and 5728.03 of the
Revised
Code, which are not required to be placed to the credit
of the tax
refund fund as provided by this section, shall be
deposited to the
credit of the highway operating fund.
As used in this section,
"farm truck" means any commercial
car
or commercial tractor that is registered as a farm truck under
Chapter 4503. of the Revised Code.
Sec. 5729.07. As used in this section:
(A)
"Eligible employee" and
"eligible training costs" have
the
same meanings as in section 5733.42 of the Revised Code.
(B)
"Credit period" means the calendar year ending on the
thirty-first day of December next preceding the day the annual
statement is required to be returned under section 5729.02 of the
Revised Code.
There is hereby allowed a nonrefundable credit against the
tax
imposed under this chapter for a foreign insurance company for
which a
tax credit certificate is issued under section 5733.42 of
the Revised Code. The credit may
be
claimed for credit periods
beginning on or after January 1,
2001
2003,
and ending on or
before
December 31,
2003
2005. The amount of the
credit shall
equal one-half
of the average of the eligible training costs paid
or incurred by
the company
during the three calendar years
immediately preceding
ending with the end of the credit
period for
which the credit is
claimed, not to exceed
one thousand dollars
for
each
eligible
employee on account of whom
eligible training
costs were
paid or
incurred by the company. The
credit claimed
by
a company for each
credit period shall not
exceed one hundred
thousand
dollars.
If, on or before June 30, 2001, a company had properly filed
an application for the credit period ending on December 31, 2001,
or December 31, 2002, as provided in division (C) of section
5733.42 of the Revised Code, the director of job and family
services may authorize a credit for that credit period subject to
the limitations and requirements of this section and section
5733.42 of the Revised Code, but the tax credit certificate issued
for that period may be applied only to the company's tax liability
for business done in this state during calendar year 2003. The
credit claimed by such a company shall be computed in the manner
prescribed by this section; is subject to the limitations of this
section on the amount of the credit for each eligible employee and
for each credit period; and shall be in addition to any credit
claimed by the company under this section for the credit period
beginning on January 1, 2003, and, for the purpose of the
limitation on the amount of the credit that may be claimed by a
company for a credit period, the credit claimed for the credit
period ending on December 31, 2001, or December 31, 2002, shall
not be considered as being claimed for the credit period beginning
on January 1, 2003.
A foreign insurance company shall apply to the director of
job and family
services for a tax credit certificate in the manner
prescribed by
division (C) of section 5733.42 of the Revised Code.
Divisions
(C) to (H) of that section
govern the tax credit allowed
by this section, except that
"credit period"
shall be substituted
for
"tax year with respect to a calendar year" wherever that
phrase
appears in those divisions and that the company shall be
considered a
taxpayer for the purposes of those divisions.
A foreign insurance company may carry forward the credit
allowed
under this section to the extent that the credit exceeds
the company's
tax due for the credit period. The company may
carry the excess credit
forward for three credit periods following
the credit period for
which the credit is first claimed under this
section. The credit
allowed by this section is in addition to any
credit allowed under
section 5729.031 of the Revised Code.
The reduction in the tax due under this chapter to the extent
of
the credit allowed by this section does not increase the amount
of the
tax otherwise due under section 5729.06 of the Revised
Code.
Sec. 5731.21. (A)(1)(a) Except as provided under division
(A)(3) of this section, the executor or administrator, or, if no
executor or administrator has been appointed, another
person in
possession of property the transfer of which is
subject to estate
taxes under section 5731.02 or division (A) of
section 5731.19 of
the Revised Code, shall file an estate tax
return, within nine
months of the date of the decedent's death,
in the form prescribed
by the tax commissioner, in duplicate,
with the probate court of
the county. The return shall include
all property the transfer of
which is subject to estate taxes,
whether that property is
transferred under the last will and
testament of the decedent or
otherwise. The time for filing the
return may be extended by the
tax commissioner.
(b) The estate tax return described in division (A)(1)(a)
of
this section shall be accompanied by a certificate, in the
form
prescribed by the tax commissioner, that is signed by the
executor, administrator, or other person required to file the
return, and that states all of the following:
(i) The fact that the return was filed;
(ii) The date of the filing of the return;
(iii) The fact that the estate taxes under section 5731.02
or division (A) of section 5731.19 of the Revised Code, that are
shown to be due in the return, have been paid in full;
(iv) If applicable, the fact that real property listed in
the inventory for the decedent's estate is included in the
return;
(v) If applicable, the fact that real property not listed
in
the inventory for the decedent's estate, including, but not
limited to, survivorship tenancy property as described in section
5302.17 of the Revised Code or transfer on death property as
described in
sections 5302.22 and 5302.23 of the Revised Code,
also is included in the
return. In
this regard, the certificate
additionally shall describe that
real property by the same
description used in the return.
(2) The probate court shall forward one copy of the estate
tax return described in division (A)(1)(a) of this section to the
tax commissioner.
(3) A person may, but shall not be required to,
file a
return under division (A) of this section if the decedent
was a
resident of this state and the
value of the decedent's gross
estate is twenty-five thousand dollars or
less in the case of a
decedent dying on or after July 1, 1968, but
before January 1,
2001; two hundred thousand dollars or less in the
case of a
decedent dying on or after January 1, 2001, but before
January
1,
2002; or three hundred thirty-eight thousand
three hundred
thirty-three dollars or less in the
case of a decedent dying on or
after January 1, 2002. If a probate court
issues an order that
grants a summary
release from administration in connection with a
decedent's
estate under section 2113.031 of the Revised
Code, that
order eliminates the
duty of all persons to file an estate tax
return and certificate
under divisions (A)(1)(a) and (b) of
this
section with respect to the estate for which the order was
granted.
(4)(a) Upon receipt of the estate tax return described in
division (A)(1)(a) of this section and the accompanying
certificate described in division (A)(1)(b) of this section, the
probate court promptly shall give notice of the return, by a form
prescribed by the tax commissioner, to the county auditor. The
auditor then shall make a charge based upon the notice and shall
certify a duplicate of the charge to the county treasurer. The
treasurer then shall collect, subject to division (A) of section
5731.25 of the Revised Code or any other statute extending the
time for payment of an estate tax, the tax so charged.
(b) Upon receipt of the return and the accompanying
certificate, the probate court also shall forward the certificate
to the auditor. When satisfied that the estate taxes under
section 5731.02 or division (A) of section 5731.19 of the Revised
Code, that are shown to be due in the return, have been paid in
full, the auditor shall stamp the certificate so forwarded to
verify that payment. The auditor then shall return the stamped
certificate to the probate court.
(5)(a) The certificate described in division (A)(1)(b) of
this section is a public record subject to inspection and copying
in accordance with section 149.43 of the Revised Code. It shall
be kept in the records of the probate court pertaining to the
decedent's estate and is not subject to the confidentiality
provisions of section 5731.90 of the Revised Code.
(b) All persons are entitled to rely on the statements
contained in a certificate as described in division (A)(1)(b) of
this section if it has been filed in accordance with that
division, forwarded to a county auditor and stamped in accordance
with division (A)(4) of this section, and placed in the records
of
the probate court pertaining to the decedent's estate in
accordance with division (A)(5)(a) of this section. The real
property referred to in the certificate shall be free of, and may
be regarded by all persons as being free of, any lien for estate
taxes under section 5731.02 and division (A) of section 5731.19
of
the Revised Code.
(B) An estate tax return filed under this section, in the
form prescribed by the tax commissioner, and showing that no
estate tax is due shall result in a determination that no estate
tax is due, if the tax commissioner within three months after the
receipt of the return by the department of taxation, fails to
file
exceptions to the return in the probate court of the county
in
which the return was filed. A copy of exceptions to a
return of
that nature, when the tax commissioner files them within that
period,
shall be sent by ordinary mail to the person who filed the
return. The tax commissioner is not bound under this division by
a determination that no estate tax is due, with respect to
property not disclosed in the return.
(C) If the executor, administrator, or other person
required
to file an estate tax return fails to file it within
nine months
of the date of the decedent's death, the tax
commissioner may
determine the estate tax in that estate and
issue a certificate of
determination in the same manner as is
provided in division (B) of
section 5731.27 of the Revised Code.
A certificate of
determination of that nature has the same force and effect
as
though a return had been filed and a certificate of
determination
issued with respect to the return.
Sec. 5733.02. Annually, between the first day of January
and
the thirty-first day of March or on or before the date as
extended
under section 5733.13 of the Revised Code, each
taxpayer
shall
make a report in writing to
the
treasurer of state
tax
commissioner in such form as
the tax commissioner
prescribes, and
shall remit to the
treasurer
of state
commissioner, with the
remittance made payable to the treasurer of
state, the amount of
the tax as shown to be due by such report
less the amount paid
for
the year on a declaration of estimated
tax report filed by
the
taxpayer as provided by section 5733.021
of the Revised Code.
Remittance shall be made in the form
prescribed by the
treasurer
of state
commissioner, including electronic funds
transfer if
required by
section 5733.022 of the Revised Code.
The
treasurer
shall show
on the report the date it was filed and the
amount of
the payment
remitted to the treasurer. Thereafter, the
treasurer
shall
immediately transmit all reports filed under this
section to
the
tax commissioner.
The commissioner shall furnish corporations, on request,
copies of the forms prescribed by the commissioner for the
purpose
of making such report. A domestic corporation shall not dissolve,
and
a foreign corporation shall not withdraw or retire from
business in
Ohio, on or after the first day of January in any year
without
making a franchise tax report to the commissioner and
paying or
securing the tax charged for the year in which such
dissolution
or withdrawal occurs.
The annual corporation report shall be signed by the
president, vice-president, secretary, treasurer, general manager,
superintendent, or managing agent in this state of such
corporation. If a domestic corporation has not completed its
organization, its annual report shall be signed by one of its
incorporators.
The report shall contain the facts, figures, computations,
and attachments that result in the tax charged by this chapter
and
determined in the manner provided within the chapter.
Sec. 5733.021. (A) Each taxpayer which does not in the
month of January file the report and make the payment required by
section 5733.02 of the Revised Code shall make and file a
declaration of estimated tax report for the tax year.
The declaration of estimated tax report shall be filed with
the
treasurer of state
tax commissioner on or before the last day
of January in
such form as prescribed by the tax commissioner, and
shall
reflect
an estimate of the total amount due under this
chapter
for the tax
year.
(B) A taxpayer required to file a declaration of estimated
tax report shall make remittance of such estimated tax to the
treasurer of state
tax commissioner as follows:
(1) The entire estimated tax at the time of filing the
declaration of estimated tax report, if such estimated tax is not
in excess of the minimum tax as provided in section 5733.06 of
the
Revised Code;
(2) If the estimated tax is in excess of the minimum tax:
(a) One-third of the estimated tax at the time of filing
the
declaration of estimated tax report;
(b) Two-thirds of the estimated tax on or before the last
day of March of the tax year, unless the report and payment
required by section 5733.02 of the Revised Code
is
are filed and
paid
on or before the last day of March of the tax year;.
(3) If the estimated tax due is in excess of the minimum
tax, and an extension of time for filing the report required by
section 5733.02 of the Revised Code has been granted pursuant to
section 5733.13 of the Revised Code;:
(a) One-third of the estimated tax at the time of filing
the
declaration of estimated tax report;
(b) One-third of the estimated tax on or before the last
day
of March of the tax year;
(c) One-third of the estimated tax on or before the last
day
of May of the tax year, unless the report and payments
required by
section 5733.02 of the Revised Code are filed and
paid on or
before the last day of May of the tax year.
Remittance of the estimated tax shall be made
payable to the
treasurer of state and shall be made in the form
prescribed by the
treasurer of state
tax commissioner, including electronic funds
transfer if required by section 5733.022 of the Revised Code.
The
tax commissioner shall immediately forward to the
treasurer of state all amounts received under this section, and
the treasurer of state shall credit all payments of such
estimated
tax as provided in section 5733.12 of the Revised Code,
shall show
on all reports the date each was filed and the amount
of payment
remitted, and shall immediately transmit all reports
filed under
this section to the tax commissioner.
Sec. 5733.053. (A) As used in this section:
(1)
"Transfer" means a transaction or series of related
transactions in which a corporation directly or indirectly
transfers or distributes substantially all of its assets or equity
to
another
corporation, if the transfer or distribution qualifies
for nonrecognition of gain or loss under the Internal Revenue
Code.
(2)
"Transferor" means a corporation that has made a
transfer.
(3)
"Transferee" means a corporation that received
substantially
all of the assets or equity of a transferor in a
transfer.
(B)
For
Except as provided in division (F) of this section,
for purposes of valuing its issued and outstanding
shares of stock
under division (B) of section 5733.05 of the
Revised Code, a
transferee
shall add to its
net income allocated
or apportioned to
this state its
transferor's net income allocated
or apportioned to
this state.
The transferee shall add such
income in computing its
tax for the
same tax year or years that
such income would have
been reported
by the transferor if the
transfer had not been made.
The transferee shall add such income
only to the extent the
income
is not required to be reported by
the transferor for the purposes
of the tax
imposed by divisions
(A) and (B) of section 5733.06 of
the Revised Code.
(C) The following shall be determined in the same manner
as
if the transfer had not been made:
(1) The transferor's net income allocated or apportioned
to
this state for the tax year under divisions (B)(1) and (2) of
section 5733.05 of the Revised Code;
(2) The transferor's requirements for the combination of
net
income under section 5733.052 of the Revised Code;
(3) Any other determination regarding the transferor that
is
necessary to avoid an absurd or unreasonable result in the
application of this chapter.
(D) A transferee shall be allowed
the following credits and
shall make the following adjustments in the same
manner that they
would have been available
to the transferor:
(1) The credits enumerated in section
5733.98 of the
Revised
Code;
(2) The deduction under division (I)(1) of section 5733.04
of the Revised Code for net operating losses incurred by its
transferor, subject to the limitations set forth in sections 381
and 382 of the Internal Revenue Code concerning net operating
loss
carryovers;
(3) Any other deduction from or
addition to net income under
this
chapter involving the transferor, the disallowance of which
would
be absurd or unreasonable. Such adjustments to net income
and allowance of credits
shall be subject to the limitations set
forth in sections
381 and 382 of the Internal Revenue Code and
regulations
prescribed thereunder.
(E) If a transferee subject to this
section subsequently
becomes a transferor, any net income that the
transferee would
have
been required to add under division (B) of this section
shall
be
included in its income as a transferor and any credits or
adjustments to which the
transferee would have been entitled
under
division (D) of this section shall be available to it as a
transferor.
(F) The amendments made to this section by Am. Sub. S.B.
287 of the 123rd general assembly do not apply to any transfer for
which
negotiations began prior to January 1, 2001, and that was
commenced in and completed during calendar year 2001, unless the
transferee makes an election prior to December 31, 2001, to apply
the section.
Sec. 5733.056. (A) As used in this section:
(1)
"Billing address" means the address where any notice,
statement, or
bill relating to a customer's account is mailed, as
indicated in the
books and records of the taxpayer on the first
day of the
taxable year or on such later date in the taxable year
when the
customer relationship began.
(2)
"Borrower or credit card holder located in this state"
means:
(a) A borrower, other than a credit card holder, that is
engaged in a trade or business and maintains its commercial
domicile in this state; or
(b) A borrower that is not engaged in a trade or business,
or a
credit card holder, whose billing address is in this state.
(3)
"Branch" means a
"domestic branch" as defined in
section
3 of the
"Federal Deposit Insurance
Act," 64 Stat. 873,
12 U.S.C.
1813(o), as amended.
(4)
"Compensation" means wages, salaries, commissions,
and
any other form of remuneration paid to employees for
personal
services that are included in such employee's gross
income under
the Internal Revenue Code. In the
case of
employees not subject
to the Internal Revenue Code,
such as those employed in foreign
countries, the determination of
whether such payments would
constitute gross income to such
employees under the Internal
Revenue Code shall be
made as though such employees were subject
to the Internal Revenue
Code.
(5)
"Credit card" means a credit, travel, or entertainment
card.
(6)
"Credit card issuer's reimbursement fee" means the fee a
taxpayer receives from a merchant's bank because one of the
persons to whom the taxpayer has issued a credit card has
charged
merchandise or services to the credit card.
(7)
"Deposits" has the meaning given in section 3 of the
"Federal Deposit Insurance Act," 64
Stat. 873, 12 U.S.C. 1813(1),
as amended.
(8)
"Employee" means, with respect to a particular
taxpayer,
any individual who under the usual common law rules
applicable in
determining the employer-employee relationship,
has the status of
an employee of that taxpayer.
(9)
"Gross rents" means the actual sum of money or other
consideration payable for the use or possession of property.
"Gross rents" includes:
(a) Any amount payable for the use or possession of real
property or tangible personal property whether designated as a
fixed sum
of money or as a percentage of receipts, profits, or
otherwise;
(b) Any amount payable as additional rent or in lieu of
rent,
such as interest, taxes, insurance, repairs, or any other
amount
required to be paid by the terms of a lease or other
arrangement; and
(c) A proportionate part of the cost of any improvement to
real
property made by or on behalf of the taxpayer which reverts
to
the owner or lessor upon termination of a lease or other
arrangement. The amount to be included in gross rents is the
amount of amortization or depreciation allowed in computing the
taxable income base for the taxable year. However, where a
building is erected on leased land, by or on behalf of the
taxpayer, the value of the land is determined by multiplying the
gross rent by eight, and the value of the building is determined
in the same manner as if owned by the taxpayer.
(d) The following are not included in the term
"gross
rents":
(i) Reasonable amounts payable as separate charges for water
and electric service furnished by the lessor;
(ii) Reasonable amounts payable as service charges for
janitorial
services furnished by the lessor;
(iii) Reasonable amounts payable for storage, provided such
amounts are payable for space not designated and not under the
control of the taxpayer; and
(iv) That portion of any rental payment which is applicable
to
the space subleased from the taxpayer and not used by it.
(10)
"Loan" means any extension of credit resulting from
direct
negotiations between the taxpayer and its customer, or the
purchase, in whole or in part, of such extension of credit from
another. Loans include debt obligations of subsidiaries,
participations, syndications, and leases treated as loans for
federal income tax purposes.
"Loan" does not include:
properties
treated as loans under section 595 of the Internal
Revenue Code;
futures or forward contracts; options;
notional
principal
contracts such as swaps; credit card receivables,
including
purchased credit card relationships; non-interest
bearing balances
due from depositor institutions; cash items in
the process of
collection; federal funds sold; securities
purchased under
agreements to resell; assets held in a trading
account;
securities; interests in a real estate mortgage investment conduit
or
other mortgage-backed or asset-backed security; and other
similar
items.
(11)
"Loan secured by real property" means that fifty per
cent
or more of the aggregate value of the collateral used to
secure
a loan or other obligation, when valued at fair market
value as
of the time the original loan or obligation was incurred,
was
real property.
(12)
"Merchant discount" means the fee, or negotiated
discount,
charged to a merchant by the taxpayer for the privilege
of
participating in a program whereby a credit card is accepted in
payment for merchandise or services sold to the card holder.
(13)
"Participation" means an extension of credit in which
an
undivided ownership interest is held on a pro rata basis in a
single loan or pool of loans and related collateral. In a loan
participation, the credit originator initially makes the loan
and
then subsequently resells all or a portion of it to other
lenders.
The participation may or may not be known to the
borrower.
(14)
"Principal base of operations" with respect to
transportation property means the place of more or less
permanent
nature from which the property is regularly directed
or
controlled. With respect to an employee, the
"principal base
of
operations" means the place of more or less permanent nature
from
which the employee regularly (a) starts work and
to which the
employee customarily returns in order to receive
instructions from
the employer or (b) communicates with
the employee's customers or
other persons or (c) performs any other
functions necessary to the
exercise of the trade or
profession at some other point or points.
(15)
"Qualified institution" means a financial institution
that on or after June 1, 1997:
(a)(i) Has consummated one or more approved
transactions
with insured banks with different home states that
would qualify
under section 102 of the
"Riegle-Neal
Interstate Banking and
Branching Efficiency Act of
1994," Public Law 103-328, 108
stat.
Stat. 2338;
(ii) Is a federal savings association or federal savings
bank
that has consummated one or more interstate acquisitions that
result in a financial institution that has branches in more
than
one state; or
(iii) Has consummated one or more approved interstate
acquisitions under authority of Title XI of the
Revised
Code that
result in a financial institution that has branches
in more than
one state; and
(b) Has at least ten per cent of its deposits in
this state
as of the last day of June prior to the beginning of
the tax year.
(16)
"Real property owned" and
"tangible personal
property
owned" mean real and tangible personal property,
respectively, on
which the taxpayer may claim depreciation
for federal income tax
purposes, or to which the
taxpayer holds legal title and on which
no other person may
claim depreciation for federal income tax
purposes, or could
claim depreciation if subject to federal income
tax. Real and
tangible personal property do not include coin,
currency, or
property acquired in lieu of or pursuant to a
foreclosure.
(17)
"Regular place of business" means an office at which
the
taxpayer carries on its business in a regular and systematic
manner and which is continuously maintained, occupied, and used
by
employees of the taxpayer.
(18)
"State" means a state of the United States, the
District
of Columbia, the commonwealth of Puerto Rico, or
any
territory or
possession of the United States.
(19)
"Syndication" means an extension of credit in which two
or
more persons fund and each person is at risk only up to a
specified percentage of the total extension of credit or up to a
specified dollar amount.
(20)
"Transportation property" means vehicles and vessels
capable of moving under their own power, such as aircraft,
trains,
water vessels and motor vehicles, as well as any
equipment or
containers attached to such property, such as
rolling stock,
barges, trailers, or the like.
(B) The annual financial institution report determines the
value of the issued and outstanding shares of stock of the
taxpayer, and is the base or measure of the franchise tax
liability. Such determination shall be made as of the date
shown
by the report to have been the beginning of the financial
institution's annual accounting period that includes the first
day
of January of the tax year. For purposes of this section,
division (A) of section 5733.05, and division (D) of
section
5733.06 of the Revised Code, the
value of the issued and
outstanding shares of stock of the financial
institution shall
include the total value, as shown by the books of the
financial
institution, of its capital, surplus, whether earned or unearned,
undivided profits, and reserves, but exclusive of:
(1) Reserves for accounts receivable, depreciation,
depletion,
and any other valuation reserves with respect to
specific assets;
(2) Taxes due and payable during the year for which such
report was made;
(3) Voting stock and participation certificates in
corporations
chartered pursuant to the
"Farm Credit Act of 1971,"
85 Stat. 597, 12 U.S.C.
2091, as amended;
(4) Good will, appreciation, and abandoned property as set
up
in the annual report of the financial institution, provided a
certified balance sheet of the company is made available upon
the
request of the tax commissioner. Such balance sheet shall
not be
a part of the public records, but shall be a confidential
report
for use of the tax commissioner only.
(5) A portion of the value of the issued and outstanding
shares
of stock of such financial institution equal to the amount
obtained by multiplying such value by the quotient obtained by:
(a) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of public utilities of which at
least eighty per cent of the utility's issued and outstanding
common stock is owned by the financial institution by (2) the
total assets of such financial institution as shown on its
books;
(b) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of insurance companies of which
at
least eighty per cent of the insurance company's issued and
outstanding common stock is owned by the financial institution
by
(2) the total assets of such financial institution as shown
on its
books;
(c) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of other financial institutions
of
which at least twenty-five per cent of the other financial
institution's issued and outstanding common stock is owned by
the
financial institution by (2) the total assets of the
financial
institution as shown on its books. Division
(B)(5)(c) of this
section applies only with respect to such other
financial
institutions that for the tax year immediately
following the
taxpayer's taxable year will pay the tax imposed
by division (D)
of section 5733.06 of the Revised Code.
(6) Land that has been determined pursuant to section
5713.31
of the Revised Code by the county auditor of the county in
which the land is located to be devoted exclusively to
agricultural
use as of the first Monday of June in the financial
institution's taxable year.
(7) Property within this state used exclusively during the
taxable
year for qualified research as defined in section 5733.05
of the
Revised Code.
(C) The base upon which the tax levied under
division (D) of
section 5733.06 of the Revised Code
shall be computed by
multiplying the value of a financial institution's issued
and
outstanding shares of stock as determined
in division (B) of this
section by a fraction. The numerator of the
fraction is the sum
of the following:
the property factor multiplied by fifteen,
the
payroll factor multiplied by fifteen, and
the sales factor
multiplied by seventy.
The denominator of the fraction is
one
hundred, provided that the denominator shall be reduced by fifteen
if the
property factor has a denominator of zero, by fifteen if
the payroll factor
has
a denominator of zero, and by seventy if
the sales factor has a denominator of
zero.
(D) A financial institution shall calculate the property
factor
as follows:
(1) The property factor is a fraction, the numerator of
which
is the average value of real property and tangible personal
property rented to the taxpayer that is located or used within
this state during the taxable year, the average value of
real and
tangible personal property owned by the taxpayer that is
located
or used within this state during the taxable year, and
the average
value of the taxpayer's loans and credit card
receivables that are
located within this state during the
taxable year; and the
denominator of which is the average value
of all such property
located or used within and without this
state during the taxable
year.
(2)(a) The value of real property and tangible personal
property owned by the taxpayer is the original cost or other
basis
of such property for federal income tax purposes without
regard to
depletion, depreciation, or amortization.
(b) Loans are valued at their outstanding principal balance,
without regard to any reserve for bad debts. If a loan is
charged-off in whole or in part for federal income tax purposes,
the portion of the loan charged-off is not outstanding. A
specifically allocated reserve established pursuant to financial
accounting guidelines which is treated as charged-off for
federal
income tax purposes shall be treated as charged-off for
purposes
of this section.
(c) Credit card receivables are valued at their outstanding
principal balance, without regard to any reserve for bad debts.
If a credit card receivable is charged-off in whole or in part
for
federal income tax purposes, the portion of the receivable
charged-off is not outstanding.
(3) The average value of property owned by the taxpayer is
computed on an annual basis by adding the value of the property
on
the first day of the taxable year and the value on the last
day of
the taxable year and dividing the sum by two. If
averaging on
this basis does not properly reflect average value,
the tax
commissioner may require averaging on a more frequent
basis. The
taxpayer may elect to average on a more frequent
basis. When
averaging on a more frequent basis is required by
the tax
commissioner or is elected by the taxpayer, the same
method of
valuation must be used consistently by the taxpayer
with respect
to property within and without this state and on
all subsequent
returns unless the taxpayer receives prior
permission from the tax
commissioner or the tax commissioner
requires a different method
of determining value.
(4)(a) The average value of real property and tangible
personal
property that the taxpayer has rented from another and is
not treated as property owned by the taxpayer for federal income
tax purposes, shall be determined annually by multiplying the
gross rents payable during the taxable year by eight.
(b) Where the use of the general method described in
division
(D)(4)(a) of this section results in inaccurate
valuations
of rented property,
any other method which properly
reflects the value may be
adopted by the tax commissioner or by
the taxpayer when approved
in writing by the tax commissioner.
Once approved, such other
method of valuation must be used on all
subsequent returns
unless the taxpayer receives prior approval
from the tax
commissioner or the tax commissioner requires a
different method
of valuation.
(5)(a) Except as described in division (D)(5)(b)
of this
section,
real property and tangible personal property owned by or
rented
to the taxpayer is considered to be located within this
state if
it is physically located, situated, or used within this
state.
(b) Transportation property is included in the numerator of
the
property factor to the extent that the property is used in
this
state. The extent an aircraft will be deemed to be used in
this
state and the amount of value that is to be included in the
numerator of this state's property factor is determined by
multiplying the average value of the aircraft by a fraction, the
numerator of which is the number of landings of the aircraft in
this state and the denominator of which is the total number of
landings of the aircraft everywhere. If the extent of the use
of
any transportation property within this state cannot be
determined, then the property will be deemed to be used wholly
in
the state in which the property has its principal base of
operations. A motor vehicle will be deemed to be used wholly in
the state in which it is registered.
(6)(a)(i) A loan, other than a loan or advance described in
division (D)(6)(d) of this section, is considered to be
located
within this state if it is properly assigned to a regular place
of
business of the taxpayer within this state.
(ii) A loan is properly assigned to the regular place of
business with which it has a preponderance of substantive
contacts. A loan assigned by the taxpayer to a regular place of
business without the state shall be presumed to have been
properly
assigned if:
(I) The taxpayer has assigned, in the regular course of its
business, such loan on its records to a regular place of
business
consistent with federal or state regulatory
requirements;
(II) Such assignment on its records is based upon
substantive
contacts of the load to such regular place of
business; and
(III) The taxpayer uses the records reflecting assignment of
loans for the filing of all state and local tax returns for
which
an assignment of loans to a regular place of business is
required.
(iii) The presumption of proper assignment of a loan
provided in
division (D)(6)(a)(ii) of this section may be
rebutted
upon a showing by the tax commissioner, supported by a
preponderance of the evidence, that the preponderance of
substantive contacts regarding such loan did not occur at the
regular place of business to which it was assigned on the
taxpayer's records. When such presumption has been rebutted,
the
loan shall then be located within this state if (1) the
taxpayer
had a regular place of business within this state at
the time the
loan was made; and (2) the taxpayer fails to show,
by a
preponderance of the evidence, that the preponderance of
substantive contacts regarding such load did not occur within
this
state.
(b) In the case of a loan which is assigned by the taxpayer
to
a place without this state which is not a regular place of
business, it shall be presumed, subject to rebuttal by the
taxpayer on a showing supported by the preponderance of
evidence,
that the preponderance of substantive contacts
regarding the loan
occurred within this state if, at the time
the loan was made the
taxpayer's commercial domicile was within
this state.
(c) To determine the state in which the preponderance of
substantive contacts relating to a loan have occurred, the facts
and circumstances regarding the loan at issue shall be reviewed
on
a case-by-case basis and consideration shall be given to such
activities as the solicitation, investigation, negotiation,
approval, and administration of the loan. The terms
"solicitation,"
"investigation,"
"negotiation,"
"approval," and
"administration" are defined as follows:
(i)
"Solicitation" is either active or passive. Active
solicitation occurs when an employee of the taxpayer initiates
the
contact with the customer. Such activity is located at the
regular place of business which the taxpayer's employee is
regularly connected with or working out of, regardless of where
the services of such employee were actually performed. Passive
solicitation occurs when the customer initiates the contact with
the taxpayer. If the customer's initial contact was not at a
regular place of business of the taxpayer, the regular place of
business, if any, where the passive solicitation occurred is
determined by the facts in each case.
(ii)
"Investigation" is the procedure whereby employees of
the
taxpayer determine the creditworthiness of the customer as
well
as the degree of risk involved in making a particular
agreement.
Such activity is located at the regular place of
business which
the taxpayer's employees are regularly connected
with or working
out of, regardless of where the services of such
employees were
actually performed.
(iii) Negotiation is the procedure whereby employees of the
taxpayer and its customer determine the terms of the agreement,
such as the amount, duration, interest rate, frequency of
repayment, currency denomination, and security required. Such
activity is located at the regular place of business to which the
taxpayer's employees are regularly connected or working
from,
regardless of where the services of such employees were
actually
performed.
(iv)
"Approval" is the procedure whereby employees or the
board
of directors of the taxpayer make the final determination
whether to enter into the agreement. Such activity is located
at
the regular place of business to which the taxpayer's employees
are regularly connected or working from, regardless of
where the
services of such employees were actually performed.
If the board
of directors makes the final determination, such
activity is
located at the commercial domicile of the taxpayer.
(v)
"Administration" is the process of managing the account.
This process includes bookkeeping, collecting the payments,
corresponding with the customer, reporting to management
regarding
the status of the agreement, and proceeding against the
borrower
or the security interest if the borrower is in default.
Such
activity is located at the regular place of business that
oversees
this activity.
(d) A loan or advance to a subsidiary corporation at least
fifty-one per cent of whose common stock is owned by the
financial
institution shall be allocated in and out of the state
by the
application of a ratio whose numerator is the sum of the
net book
value of the subsidiary's real property owned in this
state and
the subsidiary's tangible personal property owned in
this state
and whose denominator is the sum of the subsidiary's
real property
owned wherever located and the subsidiary's
tangible personal
property owned wherever located. For purposes
of calculating this
ratio, the taxpayer shall determine net book
value in accordance
with generally accepted accounting
principles. If the subsidiary
corporation owns at least fifty-one per cent of the common stock
of another corporation, the ratio shall be calculated by
including
the other corporation's real property and tangible
personal
property. The calculation of the ratio applies with
respect to
all lower-tiered subsidiaries, provided that the
immediate parent
corporation of the subsidiary owns at least
fifty-one per cent of
the common stock of that subsidiary.
(7) For purposes of determining the location of credit card
receivables, credit card receivables shall be treated as loans
and
shall be subject to division (D)(6) of this
section.
(8) A loan that has been properly assigned to a state shall,
absent any change of material fact, remain assigned to that
state
for the length of the original term of the loan.
Thereafter, the
loan may be properly assigned to another state
if the loan has a
preponderance of substantive contact to a
regular place of
business there.
(E) A financial institution shall calculate the payroll
factor
as follows:
(1) The payroll factor is a fraction, the numerator of which
is the total amount paid in this state during the taxable year
by
the taxpayer for compensation, and the denominator of which is
the
total compensation paid both within and without this state
during
the taxable year.
(2) Compensation is paid in this state if any one of the
following tests, applied consecutively, is met:
(a) The employee's services are performed entirely within
this
state.
(b) The employee's services are performed both within and
without this state, but the service performed without this state
is incidental to the employee's service within this state. The
term
"incidental" means any service which is temporary or
transitory in nature, or which is rendered in connection with an
isolated transaction.
(c) The employee's services are performed both within and
without this state, and:
(i) The employee's principal base of operations is within
this state; or
(ii) There is no principal base of operations in any state
in
which some part of the services are performed, but the place
from which the services are directed or controlled is in this
state; or
(iii) The principal base of operations and the place from
which
the services are directed or controlled are not in any state
in
which some part of the service is performed but the employee's
residence is in this state.
(F) A financial institution shall calculate the sales factor
as
follows:
(1) The sales factor is a fraction, the numerator of which
is
the receipts of the taxpayer in this state during the taxable
year and the denominator of which is the receipts of the
taxpayer
within and without this state during the taxable year.
The method
of calculating receipts for purposes of the
denominator is the
same as the method used in determining
receipts for purposes of
the numerator.
(2) The numerator of the sales factor includes receipts from
the lease or rental of real property owned by the taxpayer if
the
property is located within this state, or receipts from the
sublease of real property if the property is located within this
state.
(3)(a) Except as described in division (F)(3)(b)
of this
section
the numerator of the sales factor includes receipts from
the
lease or rental of tangible personal property owned by the
taxpayer if the property is located within this state when it is
first placed in service by the lessee.
(b) Receipts from the lease or rental of transportation
property owned by the taxpayer are included in the numerator of
the sales factor to the extent that the property is used in this
state. The extent an aircraft will be deemed to be used in this
state and the amount of receipts that is to be included in the
numerator of this state's sales factor is determined by
multiplying all the receipts from the lease or rental of the
aircraft by a fraction, the numerator of which is the number of
landings of the aircraft in this state and the denominator of
which is the total number of landings of the aircraft. If the
extent of the use of any transportation property within this
state
cannot be determined, then the property will be deemed to
be used
wholly in the state in which the property has its
principal base
of operations. A motor vehicle will be deemed to
be used wholly
in the state in which it is registered.
(4)(a) The numerator of the sales factor includes interest
and
fees or penalties in the nature of interest from loans secured
by real property if the property is located within this state.
If
the property is located both within this state and one or
more
other states, the receipts described in this paragraph are
included in the numerator of the sales factor if more than fifty
per cent of the fair market value of the real property is located
within this state. If more than fifty per cent of the fair
market
value of the real property is not located within any one
state,
then the receipts described in this paragraph shall be
included in
the numerator of the sales factor if the borrower is
located in
this state.
(b) The determination of whether the real property securing
a
loan is located within this state shall be made as of the time
the original agreement was made and any and all subsequent
substitutions of collateral shall be disregarded.
(5) The numerator of the sales factor includes interest and
fees or penalties in the nature of interest from loans not
secured
by real property if the borrower is located in this
state.
(6) The numerator of the sales factor includes net gains
from
the sale of loans. Net gains from the sale of loans includes
income recorded under the coupon stripping rules of section 1286
of the Internal Revenue Code.
(a) The amount of net gains, but not less than zero, from
the
sale of loans secured by real property included in the
numerator
is determined by multiplying such net gains by a
fraction the
numerator of which is the amount included in the
numerator of
the sales factor pursuant to division (F)(4) of this
section and
the denominator of which is the total amount of
interest and
fees or penalties in the nature of interest from
loans secured
by real property.
(b) The amount of net gains, but not less than zero, from
the
sale of loans not secured by real property included in the
numerator is determined by multiplying such net gains by a
fraction the numerator of which is the amount included in the
numerator of the sales factor pursuant to division (F)(5) of this
section and the denominator of which is the total amount of
interest and fees or penalties in the nature of interest from
loans not secured by real property.
(7) The numerator of the sales factor includes interest and
fees or penalties in the nature of interest from credit card
receivables and receipts from fees charged to card holders, such
as annual fees, if the billing address of the card holder is in
this state.
(8) The numerator of the sales factor includes net gains,
but
not less than zero, from the sale of credit card receivables
multiplied by a fraction, the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(7) of this section and the denominator of which is
the
taxpayer's total amount of interest and fees or penalties in
the
nature of interest from credit card receivables and fees
charged
to card holders.
(9) The numerator of the sales factor includes all credit
card
issuer's reimbursement fees multiplied by a fraction, the
numerator of which is the amount included in the numerator of
the
sales factor pursuant to division (F)(7) of this section and
the
denominator of which is the taxpayer's total amount of
interest
and fees or penalties in the nature of interest from
credit card
receivables and fees charged to card holders.
(10) The numerator of the sales factor includes receipts
from
merchant discount if the commercial domicile of the merchant
is
in this state. Such receipts shall be computed net of any card
holder charge backs, but shall not be reduced by any interchange
transaction fees or by any issuer's reimbursement fees paid to
another for charges made by its card holders.
(11)(a)(i) The numerator of the sales factor includes loan
servicing fees derived from loans secured by real property
multiplied by a fraction the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(4) of this section and the denominator of which is
the total
amount of interest and fees or penalties in the nature
of interest
from loans secured by real property.
(ii) The numerator of the sales factor includes loan
servicing fees derived from loans not secured by real property
multiplied by a fraction the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(5) of this section and the denominator of which is
the total
amount of interest and fees or penalties in the nature
of interest
from loans not secured by real property.
(b) In circumstances in which the taxpayer receives loan
servicing fees for servicing either the secured or the unsecured
loans of another, the numerator of the sales factor shall
include
such fees if the borrower is located in this state.
(12) The numerator of the sales factor includes receipts
from
services not otherwise apportioned under this section if the
service is performed in this state. If the service is performed
both within and without this state, the numerator of the sales
factor includes receipts from services not otherwise apportioned
under this section, if a greater proportion of the income
producing activity is performed in this state based on cost of
performance.
(13)(a) Interest, dividends, net gains, but not less than
zero,
and other income from investment assets and activities and
from
trading assets and activities shall be included in the sales
factor. Investment assets and activities and trading assets and
activities include but are not limited to: investment
securities;
trading account assets; federal funds; securities
purchased and
sold under agreements to resell or repurchase;
options; futures
contracts; forward contracts; notional
principal contracts such as
swaps; equities; and foreign
currency transactions. With respect
to the investment and
trading assets and activities described in
divisions
(F)(13)(a)(i) and
(ii) of this section, the sales factor
shall include the
amounts described in such divisions.
(i) The sales factor shall include the amount by which
interest
from federal funds sold and securities purchased under
resale
agreements exceeds interest expense on federal funds
purchased
and securities sold under repurchase agreements.
(ii) The sales factor shall include the amount by which
interest, dividends, gains, and other income from trading assets
and activities, including, but not limited to, assets and
activities in the matched book, in the arbitrage book, and
foreign
currency transactions, exceed amounts paid in lieu of
interest,
amounts paid in lieu of dividends, and losses from
such assets and
activities.
(b) The numerator of the sales factor includes interest,
dividends, net gains, but not less than zero, and other income
from investment assets and activities and from trading assets
and
activities described in division (F)(13)(a) of this
section
that
are attributable to this state.
(i) The amount of interest, other than interest described in
division (F)(13)(b)(iv) of this section,
dividends, other than
dividends described in that division, net
gains, but not less than
zero, and other income from investment
assets and activities in
the investment account to be attributed
to this state and included
in the numerator is determined by
multiplying all such income from
such assets and activities by a
fraction, the numerator of which
is the average value of such
assets which are properly assigned to
a regular place of
business of the taxpayer within this state and
the denominator
of which is the average value of all such assets.
(ii) The amount of interest from federal funds sold and
purchased and from securities purchased under resale agreements
and securities sold under repurchase agreements attributable to
this state and included in the numerator is determined by
multiplying the amount described in division
(F)(13)(a)(i) of this
section from such funds and
such
securities by a fraction, the
numerator of which is the average
value of federal funds sold and
securities purchased under
agreements to resell which are properly
assigned to a regular
place of business of the taxpayer within
this state and the
denominator of which is the average value of
all such funds and
such securities.
(iii) The amount of interest, dividends, gains, and other
income
from trading assets and activities, including but not
limited to
assets and activities in the matched book, in the
arbitrage book,
and foreign currency transaction, but excluding
amounts
described in division (F)(13)(b)(i) or
(ii) of this
section,
attributable to this state and included in the numerator
is
determined by multiplying the amount described in
division
(F)(13)(a)(ii) of this section by a
fraction, the
numerator of
which is the average value of such trading assets
which are
properly assigned to a regular place of business of
the taxpayer
within this state and the denominator of which is
the average
value of all such assets.
(iv) The amount of dividends received on the capital stock
of,
and the amount of interest received from loans and advances
to,
subsidiary corporations at least fifty-one per cent of whose
common stock is owned by the reporting financial institution
shall
be allocated in and out of this state by the application
of a
ratio whose numerator is the sum of the net book value of the
payor's real property owned in this state and the payor's
tangible
personal property owned in this state and whose
denominator is the
sum of the net book value of the payor's real property
owned
wherever located and the payor's tangible personal property owned
wherever located. For purposes of calculating this ratio, the
taxpayer shall determine net book value in accordance with
generally accepted accounting principles.
(v) For purposes of this division, average value shall be
determined using the rules for determining the average value of
tangible personal property set forth in division (D)(2) and (3)
of
this section.
(c) In lieu of using the method set forth in division
(F)(13)(b) of
this section, the taxpayer may elect, or the tax
commissioner
may require in order to fairly represent the business
activity
of the taxpayer in this state, the use of the method set
forth
in division (F)(13)(c) of this section.
(i) The amount of interest, other than interest described in
division (F)(13)(b)(iv) of this section, dividends,
other than
dividends described in that division, net
gains, but not less than
zero, and other income from investment
assets and activities in
the investment account to be attributed
to this state and included
in the numerator is determined by
multiplying all such income from
such assets and activities by a
fraction, the numerator of which
is the gross income from such
assets and activities which are
properly assigned to a regular
place of business of the taxpayer
within this state, and the
denominator of which is the gross
income from all such assets
and activities.
(ii) The amount of interest from federal funds sold and
purchased and from securities purchased under resale agreements
and securities sold under repurchase agreements attributable to
this state and included in the numerator is determined by
multiplying the amount described in division
(F)(13)(a)(i) of
this
section from such funds and such
securities by a fraction, the
numerator of which is the gross
income from such funds and such
securities which are properly
assigned to a regular place of
business of the taxpayer within
this state and the denominator of
which is the gross income from
all such funds and such securities.
(iii) The amount of interest, dividends, gains, and other
income
from trading assets and activities, including, but not
limited to,
assets and activities in the matched book, in the
arbitrage book,
and foreign currency transactions, but excluding
amounts
described in division (F)(13)(a)(i) or
(ii) of this
section,
attributable to this state and included in the numerator,
is
determined by multiplying the amount described in division
(F)(13)(a)(ii) of this section by a fraction, the
numerator of
which is the gross income from such trading assets
and activities
which are properly assigned to a regular place of
business of the
taxpayer within this state and the denominator
of which is the
gross income from all such assets and
activities.
(iv) The amount of dividends received on the capital stock
of,
and the amount of interest received from loans and advances
to,
subsidiary corporations at least fifty-one per cent of whose
common stock is owned by the reporting financial institution
shall
be allocated in and out of this state by the application
of a
ratio whose numerator is the sum of the net book value of
the
payor's real property owned in this state and the payor's
tangible
personal property owned in this state and whose
denominator is the
sum of the payor's real property owned
wherever located and the
payor's tangible personal property
owned wherever located. For
purposes of calculating this ratio,
the taxpayer shall determine
net book value in accordance with
generally accepted accounting
principles.
(d) If the taxpayer elects or is required by the tax
commissioner to use the method set forth in division
(F)(13)(c) of
this section, it shall use this method on all subsequent
returns
unless the taxpayer receives prior permission from the
tax
commissioner to use or the tax commissioner requires a
different
method.
(e) The taxpayer shall have the burden of proving that an
investment asset or activity or trading asset or activity was
properly assigned to a regular place of business outside of this
state by demonstrating that the day-to-day decisions regarding
the
asset or activity occurred at a regular place of business
outside
this state. Where the day-to-day decisions regarding an
investment asset or activity or trading asset or activity occur
at
more than one regular place of business and one such regular
place
of business is in this state and one such regular place of
business is outside this state such asset or activity shall be
considered to be located at the regular place of business of the
taxpayer where the investment or trading policies or guidelines
with respect to the asset or activity are established. Unless
the
taxpayer demonstrates to the contrary, such policies and
guidelines shall be presumed to be established at the commercial
domicile of the taxpayer.
(14) The numerator of the sales factor includes all other
receipts if either:
(a) The income-producing activity is performed solely in
this state; or
(b) The income-producing activity is performed both within
and without this state and a greater proportion of the
income-producing activity is performed within this
state than in
any other state, based on costs of performance.
(G) A qualified institution may calculate the base upon
which
the fee provided for in
division (D) of section 5733.06
(D)
of the
revised code
Revised Code
is determined for each of the tax
years 1998, 1999, 2000,
and
2001, 2002, and 2003 by multiplying
the value of its issued and outstanding
shares of stock determined
under division (B) of this section by
a single deposits fraction
whose numerator is the deposits
assigned to branches in this state
and whose denominator is the
deposits assigned to branches
everywhere. Deposits shall be
assigned to branches in the same
manner in which the assignment
is made for regulatory purposes.
If
the base calculated under
this division is less than the base
calculated under division
(C) of this section, then the qualifying
institution may elect
to substitute the base calculated under this
division for the
base calculated under division (C) of this
section. Such election
may be made annually for each of the tax
years 1998, 1999, 2000,
and 2001, 2002, and 2003 on the corporate
report.
The election need not accompany the report; rather, the
election may accompany a subsequently filed but timely
application
for refund, a subsequently filed but timely amended
report, or a
subsequently filed but timely petition for
reassessment. The
election is not irrevocable and it applies
only to the specified
tax year. Nothing in this division shall
be construed to extend
any statute of limitations set forth in
this chapter
(H) If the apportionment provisions of this section do not
fairly represent the extent of the taxpayer's business activity
in
this state, the taxpayer may petition for or the tax
commissioner
may require, in respect to all or any part of the
taxpayer's
business activity, if reasonable:
(2) The exclusion of any one or more of the factors;
(3) The inclusion of one or more additional factors which
will
fairly represent the taxpayer's business activity in this
state;
or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the taxpayer's value.
Sec. 5733.06. The tax hereby charged each corporation
subject to this
chapter shall be the greater of the sum of
divisions (A) and (B) of
this section, after the reduction, if
any, provided by division
(J) of this section,
or division (C) of
this section, after the
reduction, if any, provided by division
(J) of this section,
except
that the tax hereby charged each
financial institution subject to this
chapter shall be the amount
computed under division (D) of this
section:
(A) Except as set forth in division (F) of this section,
five and one-tenth per cent upon the first fifty thousand dollars
of the value of the taxpayer's issued and outstanding shares of
stock as determined under division (B) of section 5733.05 of the
Revised Code;
(B) Except as set forth in division (F) of this section,
eight and one-half per cent upon the value so
determined in
excess
of fifty thousand dollars; or
(C) Except as otherwise provided
under division (G) of this
section, four mills times that portion
of the value of the issued
and outstanding shares of stock as determined under
division (C)
of section 5733.05 of the Revised Code. For the purposes of
division (C) of this section, division
(C)(2) of section 5733.065,
and division (C) of section 5733.066 of the
Revised Code, the
value of the issued and outstanding shares of stock of a
qualified
holding company is zero.
(D) The tax charged each financial institution subject to
this chapter shall be that portion of the value of the issued and
outstanding shares of stock as determined under division (A) of
section 5733.05 of the Revised Code, multiplied by the
following
amounts:
(1) For tax years prior to the 1999 tax year, fifteen
mills;
(2) For the 1999 tax year, fourteen mills;
(3) For tax year 2000 and thereafter, thirteen mills.
(E) No tax shall be charged from any corporation that has
been adjudicated bankrupt, or for which a receiver has been
appointed, or that has made a general assignment for the
benefit
of creditors, except for the portion of the then current tax year
during which the tax commissioner finds such corporation had the
power to exercise its corporate franchise unimpaired by such
proceedings or act. The minimum payment for all corporations
shall be fifty dollars.
The tax charged to corporations under this chapter for the
privilege of engaging in business in this state, which is an
excise tax levied on the value of the issued and outstanding
shares of stock, shall in no manner be construed as prohibiting
or
otherwise limiting the powers of municipal corporations, joint
economic development zones created under section 715.691 of the
Revised Code,
and joint economic development districts created
under section 715.70 or
715.71 or sections 715.72 to 715.81 of the
Revised Code in this state to
impose an income tax on the income
of such corporations.
(F) If two or more taxpayers satisfy the ownership or
control requirements of
division (A) of section 5733.052 of the
Revised Code, each such taxpayer shall
substitute
"the taxpayer's
pro-rata amount" for
"fifty thousand dollars" in
divisions (A) and
(B) of this section. For purposes of this division,
"the
taxpayer's pro-rata amount" is an amount that, when added to the
other such
taxpayers' pro-rata amounts, does not exceed fifty
thousand dollars. For the
purpose of making that computation, the
taxpayer's pro-rata amount shall not
be less than zero. Nothing
in this division derogates from or eliminates the
requirement to
make the alternative computation of tax under division (C) of
this
section.
(G) The tax liability of any corporation under division (C)
of this section
shall not exceed one hundred fifty thousand
dollars.
(H)(1) For the purposes of division (H) of this section,
"exiting
corporation" means a corporation that satisfies all of
the following
conditions:
(a) The corporation had nexus with or in this state under
the Constitution
of the United States during any portion of a
calendar year;
(b) The corporation was not a corporation described in
division (A) of section 5733.01 of the Revised Code on the first
day of January
immediately following that calendar year;
(c) The corporation was not a financial institution on the
first day of
January immediately following that calendar year;
(d) If the corporation was a transferor as
defined in
section 5733.053 of
the Revised Code,
the corporation's transferee
was not required to add to the transferee's
net income the income
of the transferor pursuant to division (B) of
that section;
(e) During any portion of that calendar year, or any portion
of the
immediately preceding calendar year, the corporation had
net income that was
not included in a report filed by the
corporation or its transferee
pursuant to section 5733.02,
5733.021, 5733.03,
5733.031, or 5733.053 of the Revised Code;
(f) The corporation would have been subject to the tax
computed under
divisions (A), (B), (C), (F), and (G) of this
section if the corporation is
assumed to be a corporation
described in division (A) of
section 5733.01 of the Revised Code
on the first day of January immediately following the
calendar
year to which division (H)(1)(a) of this
section refers.
(2) For the purposes of division (H) of this section,
"unreported net income"
means net income that was not previously
included in a report filed pursuant
to section 5733.02, 5733.021,
5733.03, 5733.031, or
5733.053 of the Revised Code and
that was
realized or recognized during the calendar year to
which
division (H)(1) of this section refers or the immediately
preceding
calendar year.
(3) Each exiting corporation shall pay a tax computed by
first allocating and
apportioning the unreported net income
pursuant to division (B) of section
5733.05 and section 5733.051
and, if applicable,
section 5733.052 of the
Revised Code. The
exiting corporation then shall compute the tax due on its
unreported net income allocated and apportioned to this state by
applying
divisions (A), (B), and (F) of this section to that
income.
(4) Divisions (C) and (G) of this section, division (D)(2)
of section
5733.065, and division (C) of section 5733.066 of the
Revised Code do not
apply to an exiting corporation, but exiting
corporations are subject to every
other provision of this chapter.
(5) Notwithstanding division (B) of section 5733.01 or
sections 5733.02, 5733.021, and 5733.03 of the Revised
Code to the
contrary, each exiting corporation shall report and pay the tax
due under division (H) of this section on or before the
thirty-first day of
May immediately following the calendar year
to
which
division (H)(1)(a) of this section refers. The exiting
corporation
shall file that
report on the form most recently
prescribed by the tax commissioner for the
purposes of complying
with sections 5733.02 and 5733.03 of the Revised Code.
Upon
request by the corporation, the tax commissioner may extend the
date for
filing the report.
(6) If, on account of the application of section 5733.053 of
the Revised Code, net income
is subject to the tax imposed by
divisions (A) and (B) of
this section, such income shall not be
subject to the tax imposed by division
(H)(3) of this section.
(7)
The amendments made to division (H) of this section by
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to
any transfer, as defined in section 5733.053 of the Revised Code,
for which negotiations began prior to January 1, 2001, and that
was commenced in and completed during calendar year 2001, unless
the taxpayer makes an election prior to December 31, 2001, to
apply the section.
(8) The tax commissioner may adopt rules governing division
(H) of
this
section.
(I) Any reference in the Revised Code to
"the tax imposed by
section 5733.06
of the Revised Code" or
"the tax due under section
5733.06 of the Revised
Code" includes the taxes imposed under
sections 5733.065 and 5733.066 of the
Revised Code.
(J)(1) Division (J)
of this section applies solely to a
combined company. Section 5733.057 of the
Revised Code shall
apply when calculating the adjustments
required by division
(J)
of
this section.
(2) Subject to division
(J)(4)
of this section, the total
tax calculated in divisions
(A) and (B) of this section shall be
reduced by an amount
calculated by
multiplying such tax by a
fraction, the numerator of which is the
total taxable gross
receipts attributed to providing public
utility activity other
than as an electric company under section 5727.03 of
the Revised
Code for the year upon which the taxable gross
receipts are
measured immediately preceding the tax year, and the denominator
of which is the total gross receipts from all sources for the year
upon which
the taxable gross receipts are measured immediately
preceding the tax year.
Nothing herein shall be construed to
exclude from the denominator any item of income described in
section 5733.051 of the
Revised
Code.
(3) Subject to division
(J)(4)
of this section, the total
tax calculated in division
(C)
of this section shall be reduced by
an amount calculated by
multiplying such tax by the fraction
described in division
(J)(2) of this section.
(4) In no event shall the reduction provided by
division
(J)(2) or (J)(3)
of this section exceed the amount of the excise
tax paid in
accordance with section 5727.38 of the Revised Code,
for the year upon which the taxable gross receipts are measured
immediately preceding the tax year.
Sec. 5733.12. (A) Four and two-tenths per cent of all
payments received
by the treasurer of state from the taxes imposed
under sections 5733.06 and 5733.41 of the Revised Code shall be
credited to the local government fund for distribution
in
accordance with section 5747.50 of the Revised Code, six-tenths of
one
per cent shall be credited
to the local government revenue
assistance fund for distribution in accordance
with section
5747.61 of
the Revised Code, and ninety-five and two-tenths per
cent shall be
credited to the general revenue fund.
(B) Except as otherwise provided under divisions (C) and
(D)
of this section, an
application to refund to the corporation the
amount
of taxes imposed under section 5733.06 of the Revised Code
that are overpaid,
paid illegally or erroneously, or paid on any
illegal, erroneous, or excessive assessment, with interest
thereon
as provided by section 5733.26 of the Revised Code, shall
be filed
with the tax commissioner, on the form prescribed by
the
commissioner, within three years from the date of the
illegal,
erroneous, or excessive payment of the tax, or within any
additional
period allowed by division (C)(2) of section 5733.031,
division (D)(2)
of section 5733.067, or division (A) of section
5733.11 of the
Revised Code.
On the filing of the refund application, the commissioner
shall determine the amount of refund due and certify such amount
to the director of budget and management and treasurer of state
for payment from the tax refund fund created by section 5703.052
of the Revised Code.
(C) "Ninety days" shall
be substituted for "three years" in
division
(B) of this section if the taxpayer satisfies both of
the
following:
(1) The taxpayer has applied for a refund based in whole
or
in part upon section 5733.0611 of the Revised Code;
(2) The taxpayer asserts that the imposition or collection
of the tax imposed or charged by section 5733.06 of the Revised
Code or any
portion of such tax violates the Constitution of the
United States or the
Constitution of this state.
(D)(1) Division (D)(2) of this section applies
only if all
of the following conditions are satisfied:
(a) A qualifying pass-through entity
pays an amount of the
tax imposed by section 5733.41 of the
Revised Code;
(b) The taxpayer is a qualifying investor as to that
qualifying pass-through
entity;
(c) The taxpayer did not claim the credit provided for in
section 5733.0611
of the Revised Code as to the tax described in
division (D)(1)(a) of this
section;
(d) The three-year period described
in division (B) of this
section has ended as to the taxable year for which the
taxpayer
otherwise would have claimed that credit.
(2) A taxpayer shall file an application for refund
pursuant
to this division within one year after the date the
payment
described in division
(D)(1)(a) of this section is made. An
application filed under this
division shall only claim refund of
overpayments resulting from
the taxpayer's failure to claim the
credit described in division
(D)(1)(c)
of this section. Nothing
in this division shall be construed to
relieve a taxpayer from
complying with the provisions of
division (I)(14) of section
5733.04 of the Revised Code.
Sec. 5733.122.
Between the first and fifteenth days of July
each year, the tax commissioner shall certify to the director of
budget and management the total reported liability of the taxes or
surcharges levied in the second preceding year under sections
5733.065 and 5733.066 of the Revised Code. Notwithstanding section
5733.12 of the Revised Code,
during
the period July 1, 1980, to
December 31, 1981, four million dollars received
by the treasurer
of state under this chapter
the total amount certified in each
year less an amount to be retained by the department of taxation
for expenses resulting from the administration of the taxes or
surcharges levied under sections 5733.065 and 5733.066 of the
Revised Code shall be credited to the
recycling and litter
prevention fund created by section 1502.02 of the Revised
Code.
Thereafter, during each of the consecutive six-month periods
beginning
January 1, 1982, five million dollars
from amounts
received by the treasurer of state under
this chapter
shall be
credited to that fund. No amount shall be credited to
the local
government fund from any receipts credited to the recycling and
litter prevention fund under this section.
The office of budget and mangement shall provide the
treasurer of state with a
monthly schedule in accordance with
which the amounts shall be credited.
Sec. 5733.18. Annually, on the day fixed for the payment
of
any excise or franchise tax required to be paid by law, such
tax,
together with any penalties subsequently
accruing thereon,
shall
become a lien on all property in this state of a
corporation,
whether such property is employed by the corporation
in the
prosecution of its business or is in the hands of an
assignee,
trustee, or receiver for the benefit of the creditors
and
stockholders. Such lien shall continue until such taxes,
together
with any penalties subsequently accruing, are paid.
Upon failure of such corporation to pay such tax on the day
fixed for payment,
the treasurer of state shall thereupon notify
the tax commissioner
and the commissioner may file, for which
filing no fee shall be charged, in the office of the county
recorder in each county in this state in which such corporation
owns or has a beneficial interest in real estate, notice of such
lien containing a brief description of such real estate. Such
lien shall not be valid as against any mortgagee, purchaser, or
judgment creditor whose rights have attached prior to the time
such notice is so filed in the county in which the real estate
which is the subject of such mortgage, purchase, or judgment lien
is located. Such notice shall be recorded in a book kept by the
recorder, called the corporation franchise lien record, and
indexed under the name of the corporation charged with such tax.
When such tax, together with any penalties subsequently accruing
thereon, has been paid, the tax commissioner shall furnish to the
corporation an acknowledgment of such payment which the
corporation may record with the recorder of each county in which
notice of such lien has been filed, for which recording the
recorder shall charge and receive a fee of two dollars.
Sec. 5733.401. (A) As
used in this section:
(1)
"Investment pass-through entity" means a pass-through
entity having for its qualifying taxable year at least ninety
per
cent of its gross income from transaction fees in connection
with
the acquisition, ownership, or disposition of intangible
property,
loan fees, financing fees, consent fees, waiver fees,
application
fees, net management fees, dividend income, interest
income, net
capital gains from the sale or exchange of
intangible property, or
distributive shares of income from
pass-through entities; and
having for its qualifying taxable
year at least ninety per cent of
the net book value of
its assets represented by intangible assets.
Such percentages shall be the quarterly average of those
percentages as calculated during the pass-through entity's
taxable
year.
(2)
"Net management fees" means management fees that a
pass-through entity earns or receives from all sources, reduced
by
management fees that the pass-through entity incurs or pays
to any
person.
(B) For the purposes of
divisions (A) and
(C) of this
section only, an
investment in a pass-through entity shall be
deemed to be an
investment in an intangible asset.
(C) Except as otherwise
provided in division (D) of
this
section, for the purposes of division
(A) of section 5733.40 of
the
Revised Code, an investment
pass-through entity shall exclude
from the calculation of the
adjusted qualifying amount all
transaction fees in connection
with the acquisition, ownership, or
disposition of intangible
property,; loan fees,; financing fees,;
consent fees,; waiver fees,;
application fees,; net management
fees,
but if such fees exceed five per cent of the entity's net
income calculated in accordance with generally accepted accounting
principles, all net management fees shall be included in the
calculation of the adjusted qualifying amount;
dividend income,;
interest
income,; net capital gains from the sale
or exchange of
intangible property,; and all types and
classifications of income
attributable to distributive shares of
income from other
pass-through entities. Nothing in this division
shall be
construed to provide for an exclusion of any item from
adjusted
qualifying amount more than once.
(D) Sections 5733.057
and 5747.231 of the Revised Code do
not apply for the
purposes of making the determinations required
by division
(A) of this section or claiming
the exclusion provided
by division
(C) of this section.
Sec. 5733.42. (A) As used in this section:
(1)
"Eligible training program" means a program to provide
job
skills to eligible employees who are unable effectively to
function on the job due to skill deficiencies or who would
otherwise be displaced because of their skill deficiencies or
inability to use new technology, or to provide job skills to
eligible employees that enable them to perform other job duties
for the
taxpayer. Eligible training programs do
not include
executive, management, or personal
enrichment training programs,
or training programs intended
exclusively for personal career
development.
(2)
"Eligible employee" means an individual who is employed
in this state by a taxpayer and has been so employed by the same
taxpayer for at least one
hundred eighty consecutive days before
the day an application for the credit is filed under
this section.
"Eligible employee" does not include
any employee for which a
credit is claimed pursuant to division
(A)(5) of section
5709.65
of the Revised Code for all or any part of the same year, an
employee who is not a full-time employee, or executive or
managerial personnel except for the immediate supervisors of
nonexecutive, nonmanagerial personnel.
(3)
"Eligible training costs" means:
(a) Direct instructional costs, such as instructor
salaries,
materials and supplies, textbooks and manuals, videotapes, and
other
instructional media and training equipment
used exclusively
for the purpose of training eligible employees;
(b) Wages paid to eligible employees for time devoted
exclusively
to an eligible training
program during normal paid
working hours.
(4)
"Full-time employee" means an individual who is employed
for
consideration for at least thirty-five hours per week, or who
renders any
other standard of service generally accepted by custom
or specified by
contract as full-time employment.
(5)
"Partnership" includes a limited liability company
formed
under
Chapter 1705. of the Revised Code or under the laws
of
another state, provided that
the company is not classified for
federal income tax purposes as an
association taxable as a
corporation.
(B) There is hereby allowed
a nonrefundable credit against
the tax imposed
by section 5733.06 of the Revised Code
for
taxpayers for which a tax credit certificate is issued under
division (C) of this section.
The credit may
not be claimed for
any tax year after
tax
year
years 2004,
except for amounts carried
forward to subsequent tax years to
the extent allowed under
division (J) of this section
2005, and 2006, but may not be
claimed for tax years 2002 and 2003.
The amount of the credit for
each
tax year shall equal one-half of the
average of
the eligible
training costs
paid or incurred by the taxpayer during the three
calendar
years immediately
preceding the tax year
for which the
credit is claimed, not to exceed
one thousand dollars
for each
eligible employee on account of
whom eligible training costs were
paid or
incurred by the taxpayer during those calendar
years.
The credit claimed by a
taxpayer each tax
year
shall not exceed
one hundred thousand dollars.
If, on or before June 30, 2001, a taxpayer had properly filed
an application for a credit for tax year 2002 or 2003 as provided
in division (C) of this section, the director of job and family
services may authorize a credit for the eligible training costs
for which the credit is claimed subject to the limitations and
requirements of this section, but the tax credit certificate
issued for tax year 2002 or 2003 shall be applied only to the
taxpayer's liability for tax for tax year 2004. The credit
claimed by such a taxpayer shall be computed in the manner
prescribed by this section; is subject to the limitations of this
section on the amount of the credit for each eligible employee and
for each tax year; and shall be in addition to any credit claimed
by the taxpayer under this section for tax year 2004. For the
purpose of the limitation on the amount of the credit that may be
claimed by a company for tax year 2004, tax credit certificates
issued for tax year 2002 or 2003 shall not be considered as being
claimed for tax year 2004.
(C) A taxpayer who proposes to conduct an eligible training
program may apply to the director of job and family services
for a
tax credit certificate under this section.
The taxpayer may apply
for such a certificate for
each tax year
with respect to a
calendar year in which the taxpayer paid or incurred
eligible
training costs
tax years 2004, 2005, and 2006, subject to
division
divisions (B) and (L) of this section.
The
director shall
prescribe the form of
the application, which shall
require a
detailed description of the
proposed training program.
The
director may require applicants to remit an application fee
with
each application filed with the director. The fee shall not
exceed
the reasonable and necessary expenses incurred by the
director in
receiving, reviewing, and approving such applications
and issuing tax credit
certificates. Proceeds
from fees shall be
used solely for the purpose of receiving,
reviewing, and approving
such applications and issuing such certificates.
After receipt of an application, the
director shall authorize
a credit under this section
by issuing a tax credit
certificate,
in the form prescribed by the director, if
the director determines
all of the following:
(1) The proposed training program is an eligible training
program
under this section;
(2) The proposed training program is economically sound
and
will
benefit the people of this state by improving workforce
skills and
strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's
decision to go forward with the training program;
(4) Authorization of the credit is consistent with
division
(H)
of this section.
The credit also is allowed for a taxpayer that is a partner
in a
partnership that pays or incurs eligible training costs.
Such
a taxpayer
shall determine the taxpayer's credit amount in
the
manner prescribed by
division (K) of this section.
(D) If the director of job and family services denies an
application for a
tax credit certificate, the director shall send
notice of the denial and the
reason for denial to the applicant by
certified mail, return receipt
requested. If the director
determines that an
authorized
training program, as actually
conducted, fails to meet the requirements of
this section or to
comply with any condition set forth in the
authorization, the
director may reduce the amount of the
tax credit previously
granted.
If the director reduces a
tax credit, the director shall
send notice of the reduction and the reason
for the reduction to
the taxpayer by certified mail, return receipt requested,
and
shall certify the reduction to the tax
commissioner or, in the
case of the reduction of a credit
claimed by an insurance company,
the superintendent of insurance. The tax
commissioner or
superintendent of insurance shall reduce the credit
that may be
claimed by the taxpayer accordingly. Within sixty days after
receiving a notice of denial or notice of reduction of the tax
credit, an
applicant or taxpayer may request, in writing, a
hearing before the director
to review the denial or reduction.
Within sixty days after receiving a
request that is filed within
the prescribed time, the director shall hold such
a hearing at a
location to be determined by the director. Within thirty days
after the hearing is adjourned, the director shall issue a
redetermination
affirming, reversing, or modifying the denial or
reduction of the tax credit
and send notice of the redetermination
to the applicant or taxpayer by
certified mail, return receipt
requested, and shall issue a notice of the
redetermination to the
tax commissioner or superintendent of insurance. If an
applicant
or taxpayer is aggrieved by the director's redetermination, the
applicant or taxpayer may appeal the redetermination to the board
of tax
appeals in the manner prescribed by section 5717.02 of the
Revised Code.
(E) A taxpayer to which a tax credit certificate is
issued
shall retain records indicating the eligible training costs it
pays or
incurs for the eligible training program for which the
certificate is issued
for four years following the end of the tax
year
for which the credit is claimed. Such records shall be open
to inspection by
the
director of
job and family services upon the
director's request during business hours.
Financial statements and other information submitted
by an
applicant to the director of job and family services
for a tax
credit under this
section, and any information taken for any
purpose from such
statements or information, are not public
records subject to
section 149.43 of the Revised Code. However,
the director
of job and family services, the tax
commissioner, or
superintendent of insurance
may make use of the statements and
other information for purposes of issuing
public reports or in
connection with court proceedings
concerning tax credits allowed
under this section and sections 5725.31,
5729.07, and 5747.39 of
the Revised Code.
(F) The director of job and family services, in
accordance
with Chapter
119. of the Revised Code, shall adopt rules necessary
to
implement
this section and sections 5725.31, 5729.07, and
5747.39 of the Revised Code. The
rules shall be adopted after
consultation with the tax
commissioner and the superintendent of
insurance. At the
time the director gives public notice under
division (A) of section 119.03 of the
Revised Code of the adoption
of the
rules, the director shall submit copies of the proposed
rules to the
chairpersons and ranking minority members of the
standing committees in
the senate and the house of representatives
to which legislation on economic
development matters are
customarily referred.
(G) On or before the thirtieth day of September of
2001,
2002, 2003,
and 2004,
2005, and 2006, the director of job and
family services
shall submit a report to the governor, the
president
of the
senate, and the speaker of the house of
representatives on
the tax
credit program under this section and
sections 5725.31, 5729.07,
and 5747.39 of the Revised Code. The
report shall
include
information on the number of training
programs that were
authorized under those sections during the
preceding calendar
year,
a description of each authorized training
program, the
dollar
amounts of the credits granted, and an
estimate of the
impact of
the credits on the economy of this
state.
(H) The aggregate amount of credits authorized under this
section and sections 5725.31, 5729.07, and 5747.39 of the Revised
Code
shall not exceed twenty million dollars per calendar year.
No
more than ten
million dollars in credits per calendar year
shall
be authorized for persons engaged primarily in
manufacturing.
No
less than five million dollars in credits per
calendar year
shall
be set aside for persons engaged primarily
in
activities other
than manufacturing and having fewer than five
hundred employees.
Subject to such limits, credits shall be
authorized for applicants
meeting the requirements of this section
in the order in which
they submit complete and accurate
applications.
(I) A nonrefundable credit allowed under
this section shall
be claimed in the order required under section 5733.98
of the
Revised Code.
(J) The taxpayer may carry forward any credit amount in
excess of
its tax due after allowing for any other credits that
precede the
credit under this section in the order required under
section
5733.98 of the Revised Code. The excess
credit may be
carried forward
for three years following the tax year for which
it is
first claimed under this section.
(K) A taxpayer that is a
partner in a partnership on the
last day of the third calendar year of the
three-year period
during which the
partnership pays or incurs eligible training
costs may claim a credit under
this section for the tax year
immediately following that calendar year. The
amount of a
partner's credit
equals the partner's interest in the partnership
on the last day of such
calendar year multiplied by the credit
available to the partnership as
computed by the partnership.
(L) The director of job and family services
shall not
authorize any credits under this
section and sections 5725.31,
5729.07, and 5747.39 of the Revised Code for eligible
training
costs paid or incurred after December
31,
2003
2005.
Sec. 5735.06. (A) On or before the last day of each
month,
each motor fuel dealer shall file with the
treasurer of state
tax
commissioner a
report for the preceding calendar month, on forms
prescribed by
or in a form acceptable to the tax commissioner.
The
report
shall include the following information:
(1) An itemized statement of the number of gallons of all
motor fuel received during the preceding calendar month
by such
motor fuel dealer, which has been produced, refined, prepared,
distilled, manufactured, blended, or compounded by such motor fuel
dealer in
the state;
(2) An itemized statement of the number of gallons of all
motor fuel received by such motor fuel dealer in the
state from
any
source during the preceding calendar month, other than motor
fuel included in division (A)(1) of this section,
together with a
statement showing the date of receipt of such
motor fuel; the name
of the person from whom purchased or
received; the date of receipt
of each shipment of motor
fuel; the point of origin and the point
of destination of each
shipment; the quantity of each of said
purchases or shipments;
the name of the carrier; the number of
gallons contained in each
car if shipped by rail; the point of
origin, destination, and
shipper if shipped by pipe line; or the
name and owner of the
boat, barge, or vessel if shipped by water;
(3) An itemized statement of the number of gallons of
motor
fuel which such motor fuel dealer has during the
preceding
calendar month:
(a) For motor fuel other than gasoline sold for
use other
than for
operating motor vehicles on the
public highways or on
waters within the boundaries of this state;
(b) Exported from this state
to any
other state or foreign
country as provided in division
(A)(3) of section 5735.05 of the
Revised Code;
(c) Sold to the United States government or any of its
agencies;
(d) Sold for delivery to
motor fuel dealers;
(e) Sold exclusively for use in the operation of
aircraft;
(4) Such other information incidental to the enforcement
of
the motor fuel laws of the state as the commissioner
requires.
(B) The report shall show the tax due, computed as
follows:
(1) The following deductions shall be made from the total
number of gallons of motor fuel received by the motor
fuel dealer
within the state during the preceding calendar month:
(a) The total number of gallons of motor fuel
received by
the motor fuel dealer within the state and sold or
otherwise
disposed of during the preceding calendar month as set forth in
section 5735.05 of the Revised Code;
(b) The total number of gallons received during the
preceding calendar month and sold or otherwise disposed of to
another licensed
motor fuel dealer pursuant to section 5735.05 of
the Revised Code;
(c) To cover the costs of the motor fuel dealer in compiling
the
report, and evaporation, shrinkage, or other unaccounted-for
losses:
(i) If the report is timely filed and the tax is timely
paid, three per cent of the total number of gallons of motor
fuel
received by the motor fuel dealer within the state
during the
preceding calendar month less the total number of gallons
deducted
under divisions (B)(1)(a) and (b) of this section, less
one per
cent of the total number of gallons of motor fuel
that were sold
to a retail dealer during the preceding
calendar month;
(ii) If the report required by division (A) of this
section
is not timely filed and the tax is not timely paid, no
deduction
shall be allowed;
(iii) If the report is incomplete, no deduction shall be
allowed for any fuel on which the tax is not timely reported and
paid;
(2) The number of gallons remaining after the deductions
have been made shall be multiplied separately by each of the
following amounts:
(a) The cents per gallon rate;
The sum of the products obtained in divisions (B)(2)(a) and
(b) of this section shall be the amount of motor fuel tax
for the
preceding calendar month.
(C) The report shall be filed together with payment of the
tax shown on the report to be due, unless the motor fuel dealer is
required
by section 5735.062 of the Revised Code to pay the tax by
electronic funds transfer, in which case the dealer shall file
the
report pursuant to this section and pay the tax pursuant to
section 5735.062 of the Revised Code. The commissioner may
extend
the time for filing reports and may remit all or part of
penalties
which may become due under sections 5735.01 to 5735.99
of the
Revised Code.
The treasurer of state shall stamp or
otherwise mark
on all returns the date received by the
treasurer and shall
also
show thereon by stamp or otherwise the amount of payment
received
for the month for which the report is filed. Thereafter, the
treasurer of state shall immediately transmit all
reports filed
under this section to the commissioner. For
purposes of this
section and sections 5735.062 and 5735.12 of the
Revised Code, a
report required to be filed under this section is
considered filed
when it is received by the
treasurer of state
tax commissioner,
and remittance of the tax due is considered to be made when the
remittance is received by the
treasurer of state
tax commissioner
or when credited
to an account designated by the treasurer of
state
and the tax commissioner for the
receipt of tax remittances.
The tax commissioner shall immediately forward to the treasurer of
state all amounts received under this section.
(D) The tax commissioner may require a motor fuel dealer to
file a report for a period other than one month. Such a report,
together with payment of the tax, shall be filed not later than
thirty days after the last day of the prescribed reporting
period.
(E) No person required by this section to file a tax report
shall
file a false or fraudulent tax report or supporting
schedule.
Sec. 5735.061. (A) By the fifteenth day of June of 1988,
1989, 1990, 1991, 1992, and 1993, the tax commissioner shall
certify to each dealer the following:
(1) The cents per gallon rate computed for the period that
begins on the first day of July of the current year pursuant to
section 5735.011 of the Revised Code;
(2) The difference between the cents per gallon rate
presently in effect and the cents per gallon rate referred to in
division (A)(1) of this section.
(B) By the thirty-first day of July of each year each
motor
fuel dealer shall file with the
treasurer of state
tax
commissioner, on forms
prescribed by the commissioner, a report
signed by the motor fuel
dealer
showing the total number of
gallons of all motor fuel
that is held in the inventory of such
motor fuel dealer as of the
beginning
of business on the first day
of July of such year and on which
the motor fuel tax has been
paid.
(C) If the cents per gallon rate referred to in division
(A)(1) of this section is greater than the cents per gallon rate
it replaced, each motor fuel dealer shall pay to the
treasurer of
state
tax commissioner,
upon the filing of the report under
division (B) of this section,
an amount equal to the product
obtained by multiplying the
gallonage referred to in division (B)
of this section by the
cents per gallon rate difference referred
to in division (A)(2)
of this section.
Taxes collected pursuant to
The tax commissioner shall immediately forward to the treasurer of
state all money collected under this section, and such money shall
be treated as revenue arising from the tax levied pursuant to
section 5735.05 of the Revised Code.
(D) If the cents per gallon rate referred to in division
(A)(1) of this section is lower than the cents per gallon rate it
replaced, each motor fuel dealer shall be entitled to a refund in
an
amount
equal to the product obtained by multiplying the
gallonage
referred to in division (B) of this section by the cents
per
gallon rate difference referred to in division (A)(2) of this
section. Within forty-five days from the date the motor fuel
dealer
files a
report pursuant to division (B) of this section,
the tax
commissioner shall certify the amount of the refund to the
director of budget and management and treasurer of state for
payment from the tax refund fund created by section 5703.052 of
the Revised Code.
Sec. 5739.01. As used in this chapter:
(A) "Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships,
associations, joint-stock companies, joint ventures, clubs,
societies, corporations, the state and its political
subdivisions,
and combinations of individuals of any form.
(B) "Sale" and "selling" include all of the following
transactions for a consideration in any manner, whether
absolutely
or conditionally, whether for a price or rental, in
money or by
exchange, and by any means whatsoever:
(1) All transactions by which title or possession, or
both,
of tangible personal property, is or is to be transferred,
or a
license to use or consume tangible personal property is or
is to
be granted;
(2) All transactions by which lodging by a hotel is or is
to
be furnished to transient guests;
(3) All transactions by which:
(a) An item of tangible personal property is or is to be
repaired, except property, the purchase of which would be exempt
from the tax imposed by section 5739.02 of the Revised Code;
(b) An item of tangible personal property is or is to be
installed, except property, the purchase of which would be exempt
from the tax imposed by section 5739.02 of the Revised Code or
property that is or is to be incorporated into and will become a
part of a production, transmission, transportation, or
distribution system for the delivery of a public utility service;
(c) The service of washing, cleaning, waxing, polishing,
or
painting a motor vehicle is or is to be furnished;
(d) Industrial laundry cleaning services are or are to be
provided;
(e) Automatic data processing, computer services, or
electronic information services are or are to be provided for use
in business when the true object of the transaction is the
receipt
by the consumer of automatic data processing, computer
services,
or electronic information services rather than the
receipt of
personal or professional services to which automatic
data
processing, computer services, or electronic information
services
are incidental or supplemental. Notwithstanding any
other
provision of this chapter, such transactions that occur
between
members of an affiliated group are not sales. An
affiliated group
means two or more persons related in such a way
that one person
owns or controls the business operation of
another member of the
group. In the case of corporations with
stock, one corporation
owns or controls another if it owns more
than fifty per cent of
the other corporation's common stock with
voting rights.
(f) Telecommunications service is provided
that originates
or terminates in this state and is charged in the records of the
telecommunications service vendor to the consumer's telephone
number or account in this state, or that both originates and
terminates in this state; but does not include transactions by
which
telecommunications service is paid for by using a prepaid
authorization number
or prepaid telephone calling card, or by
which local
telecommunications service is obtained from a
coin-operated
telephone and paid for by using coin;
(g) Landscaping and lawn care service is or is to be
provided;
(h) Private investigation and security service is or is to
be provided;
(i) Information services or tangible personal property is
provided or ordered by means of a nine hundred telephone call;
(j) Building maintenance and janitorial service is or is
to
be provided;
(k) Employment service is or is to be provided;
(l) Employment placement service is or is to be provided;
(m) Exterminating service is or is to be provided;
(n) Physical fitness facility service is or is to be
provided;
(o) Recreation and sports club service is or is to be
provided.
(4) All transactions by which printed, imprinted,
overprinted, lithographic, multilithic, blueprinted, photostatic,
or other productions or reproductions of written or graphic
matter
are or are to be furnished or transferred;
(5) The production or fabrication of tangible personal
property for a consideration for consumers who furnish either
directly or indirectly the materials used in the production of
fabrication work; and include the furnishing, preparing, or
serving for a consideration of any tangible personal property
consumed on the premises of the person furnishing, preparing, or
serving such tangible personal property. Except as provided in
section 5739.03 of the Revised Code, a construction contract
pursuant to which tangible personal property is or is to be
incorporated into a structure or improvement on and becoming a
part of real property is not a sale of such tangible personal
property. The construction contractor is the consumer of such
tangible personal property, provided that the sale and
installation of carpeting, the sale and installation of
agricultural land tile, the sale and erection or installation of
portable grain bins, or the provision of landscaping and lawn
care
service and the transfer of property as part of such service
is
never a construction contract. The transfer of copyrighted
motion
picture films for exhibition purposes is not a sale,
except such
films as are used solely for advertising purposes.
Other than as
provided in this section, "sale" and "selling" do
not include
professional, insurance, or personal service
transactions
which
that involve the transfer of tangible personal
property as an
inconsequential element, for which no separate
charges are made.
As used in division (B)(5) of this section:
(a) "Agricultural land tile" means fired clay or concrete
tile, or flexible or rigid perforated plastic pipe or tubing,
incorporated or to be incorporated into a subsurface drainage
system appurtenant to land used or to be used directly in
production by farming, agriculture, horticulture, or
floriculture.
The term does not include such materials when they
are or are to
be incorporated into a drainage system appurtenant
to a building
or structure even if the building or structure is
used or to be
used in such production.
(b) "Portable grain bin" means a structure that is used or
to be used by a person engaged in farming or agriculture to
shelter the person's grain and that is designed to be
disassembled
without significant damage to its component parts.
(6) All transactions in which all of the shares of stock
of
a closely held corporation are transferred, if the corporation
is
not engaging in business and its entire assets consist of
boats,
planes, motor vehicles, or other tangible personal
property
operated primarily for the use and enjoyment of the
shareholders;
(7) All transactions in which a warranty, maintenance or
service contract, or similar agreement by which the vendor of the
warranty, contract, or agreement agrees to repair or maintain the
tangible personal property of the consumer is or is to be
provided;
(8) All transactions by which a prepaid authorization number
or a prepaid telephone calling card is or is to be
transferred.
(C) "Vendor" means the person providing the service or by
whom the transfer effected or license given by a sale is or is to
be made or given and, for sales described in division (B)(3)(i)
of
this section, the telecommunications service vendor that
provides
the nine hundred telephone service; if two or more
persons are
engaged in business at the same place of business
under a single
trade name in which all collections on account of
sales by each
are made, such persons shall constitute a single
vendor.
Physicians, dentists, hospitals, and veterinarians who are
engaged in selling tangible personal property as received from
others, such as eyeglasses, mouthwashes, dentifrices, or similar
articles, are vendors. Veterinarians who are engaged in
transferring to others for a consideration drugs, the dispensing
of which does not require an order of a licensed veterinarian or
physician under federal law, are vendors.
(D)(1) "Consumer" means the person for whom the service is
provided, to whom the transfer effected or license given by a
sale
is or is to be made or given, to whom the service described
in
division (B)(3)(f) or (i) of this section is charged, or to
whom
the admission is granted.
(2) Physicians, dentists, hospitals, and blood banks
operated by nonprofit institutions and persons licensed to
practice veterinary medicine, surgery, and dentistry are
consumers
of all tangible personal property and services
purchased by them
in connection with the practice of medicine,
dentistry, the
rendition of hospital or blood bank service, or
the practice of
veterinary medicine, surgery, and dentistry. In
addition to being
consumers of drugs administered by them or by
their assistants
according to their direction, veterinarians also
are consumers of
drugs that under federal law may be dispensed
only by or upon the
order of a licensed veterinarian or
physician, when transferred by
them to others for a consideration
to provide treatment to animals
as directed by the veterinarian.
(3) A person who performs a facility management, or
similar
service contract for a contractee is a consumer of all
tangible
personal property and services purchased for use in
connection
with the performance of such contract, regardless of
whether title
to any such property vests in the contractee. The
purchase of
such property and services is not subject to the
exception for
resale under division (E)(1) of this section.
(4)(a) In the case of a person who purchases printed
matter
for the purpose of distributing it or having it distributed to the
public or to a designated segment of the public, free of charge,
that person
is the consumer of that printed matter, and the
purchase of that printed
matter for that purpose is a sale.
(b) In the case of a person who produces, rather than
purchases, printed matter for the purpose of distributing it or
having it
distributed to the public or to a designated segment of
the public, free of
charge, that person is the consumer of all
tangible personal property and
services purchased for use or
consumption in the production of that printed
matter. That person
is not entitled to claim exception under division
(E)(8) of this
section for any material incorporated into the printed
matter or
any equipment, supplies, or services primarily used to produce the
printed matter.
(c) The distribution of
printed matter to the public or to a
designated segment of the public, free of
charge, is not a sale to
the members of the public to whom the printed matter
is
distributed or to any persons who purchase space in the printed
matter for
advertising or other purposes.
(5) A person who makes sales of any of the services listed
in
division (B)(3) of this section is the consumer of any tangible
personal property used in performing the service. The purchase of
that
property is not subject to the resale exception under
division (E)(1)
of this section.
(E) "Retail sale" and "sales at retail" include all sales
except those in which the purpose of the consumer is:
(1) To resell the thing transferred or benefit of the
service provided, by a person engaging in business, in the form
in
which the same is, or is to be, received by the person;
(2) To incorporate the thing transferred as a material or
a
part, into tangible personal property to be produced for sale
by
manufacturing, assembling, processing, or refining, or to use
or
consume the thing transferred directly in producing a product for
sale
by mining, including
without limitation the extraction from
the earth of all
substances
which
that are classed geologically as
minerals, production
of crude oil and natural gas, farming,
agriculture, horticulture,
or floriculture, and persons engaged in
rendering farming,
agricultural, horticultural, or floricultural
services, and
services in the exploration for, and production of,
crude oil and
natural gas, for others are deemed engaged directly
in farming,
agriculture, horticulture, and floriculture, or
exploration for,
and production of, crude oil and natural gas;
directly in the
rendition of a public utility service, except that
the sales tax
levied by section 5739.02 of the Revised Code shall
be collected
upon all meals, drinks, and food for human
consumption sold upon
Pullman and railroad coaches. This
paragraph does not exempt or
except from "retail sale" or "sales
at retail" the sale of
tangible personal property that is to be
incorporated into a
structure or improvement to real property.
(3) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(4) To use or consume the thing transferred in the process
of reclamation as required by Chapters 1513. and 1514. of the
Revised Code;
(5) To resell, hold, use, or consume the thing transferred
as evidence of a contract of insurance;
(6) To use or consume the thing directly in commercial
fishing;
(7) To incorporate the thing transferred as a material or
a
part into, or to use or consume the thing transferred directly
in
the production of, magazines distributed as controlled
circulation
publications;
(8) To use or consume the thing transferred in the
production and preparation in suitable condition for market and
sale of printed, imprinted, overprinted, lithographic,
multilithic, blueprinted, photostatic, or other productions or
reproductions of written or graphic matter;
(9) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(10) To use the benefit of a warranty, maintenance or
service contract, or similar agreement, as defined in division
(B)(7) of this section, to repair or maintain tangible personal
property, if all of the property that is the subject of the
warranty, contract, or agreement would be exempt on its purchase
from the tax imposed by section 5739.02 of the Revised Code;
(11) To use the thing transferred as qualified research and
development
equipment;
(12) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member,
or
by means of direct marketing. Division (E)(12) of this
section
does not apply to motor vehicles registered for operation
on the
public highways. As used in division (E)(12) of this
section,
"affiliated group" has the same meaning as in division
(B)(3)(e)
of this section and "direct marketing" has the same
meaning as in
division (B)(37) of section 5739.02 of the Revised
Code.
(13) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or
service
contract, or similar agreement the provision of which is
defined
as a sale under division (B)(7) of this section;
(14) To use or consume the thing transferred in the
production of a
newspaper for distribution to the public;
(15) To use tangible personal property to perform a service
listed in
division (B)(3) of this section, if the property is or
is to be
permanently transferred to the consumer of the service as
an integral part of
the performance of the service.
As used in division (E) of this section, "thing" includes all
transactions included in divisions (B)(3)(a),
(b), and (e) of this
section.
Sales conducted through a coin-operated device that
activates
vacuum equipment or equipment that dispenses water,
whether or not
in combination with soap or other cleaning agents
or wax, to the
consumer for the consumer's use on the
premises in washing,
cleaning, or waxing a motor vehicle, provided no other
personal
property or personal service is provided as part of the
transaction, are not retail sales or sales at retail.
(F) "Business" includes any activity engaged in by any
person with the object of gain, benefit, or advantage, either
direct or indirect. "Business" does not include the activity of
a
person in managing and investing the person's own funds.
(G) "Engaging in business" means commencing, conducting,
or
continuing in business, and liquidating a business when the
liquidator thereof holds
self
itself out to the public as
conducting such business. Making a casual sale is not engaging in
business.
(H)(1) "Price," except as provided in divisions (H)(2) and
(3) of this section, means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered,
in the complete performance of a retail sale, without any
deduction on account of the cost of the property sold, cost of
materials used, labor or service cost, interest, discount paid or
allowed after the sale is consummated, or any other expense. If
the retail sale consists of the rental or lease of tangible
personal property, "price" means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered,
in the complete performance of the rental or lease, without any
deduction for tax, interest, labor or service charge, damage
liability waiver, termination or damage charge, discount paid or
allowed after the lease is consummated, or any other expense.
The
sales tax shall be calculated and collected by the lessor on
each
payment made by the lessee. Price does not include the
consideration received as a deposit refundable to the consumer
upon return of a beverage container, the consideration received
as
a deposit on a carton or case that is used for such returnable
containers, or the consideration received as a refundable
security
deposit for the use of tangible personal property to the
extent
that it actually is refunded, if the consideration for
such
refundable deposit is separately stated from the
consideration
received or to be received for the tangible
personal property
transferred in the retail sale. Such
separation must appear in
the sales agreement or on the initial
invoice or initial billing
rendered by the vendor to the
consumer. Price is the amount
received inclusive of the tax,
provided the vendor establishes to
the satisfaction of the tax
commissioner that the tax was added to
the price. When the price
includes both a charge for tangible
personal property and a
charge for providing a service and the
sale of the property and
the charge for the service are separately
taxable, or have a
separately determinable tax status, the price
shall be separately
stated for each such charge so the tax can be
correctly computed
and charged.
The tax collected by the vendor from the consumer under
this
chapter is not part of the price, but is a tax collection
for the
benefit of the state and of counties levying an
additional sales
tax pursuant to section 5739.021 or 5739.026 of
the Revised Code
and of transit authorities levying an additional
sales tax
pursuant to section 5739.023 of the Revised Code.
Except for the
discount authorized in section 5739.12 of the
Revised Code, no
person other than the state or such a county or
transit authority
shall derive any benefit from the collection or
payment of such
tax.
(2) In the case of a sale of any new motor vehicle by a
new
motor vehicle dealer, as defined in section 4517.01 of the
Revised
Code, in which another motor vehicle is accepted by the
dealer as
part of the consideration received, "price" has the
same meaning
as in division (H)(1) of this section, reduced by
the credit
afforded the consumer by the dealer for the motor
vehicle received
in trade.
(3) In the case of a sale of any watercraft or outboard
motor by a watercraft dealer licensed in accordance with section
1547.543 of the Revised Code, in which another watercraft,
watercraft and trailer, or outboard motor is accepted by the
dealer as part of the consideration received, "price" has the
same
meaning as in division (H)(1) of this section, reduced by
the
credit afforded the consumer by the dealer for the
watercraft,
watercraft and trailer, or outboard motor received in
trade. As
used in division (H)(3) of this section, "watercraft"
includes an
outdrive unit attached to the watercraft.
(I) "Receipts" means the total amount of the prices of the
sales of vendors, provided that cash discounts allowed and taken
on sales at the time they are consummated are not included, minus
any amount deducted as a bad debt pursuant to section 5739.121 of
the Revised Code. "Receipts" does not include the sale price of
property returned or services rejected by consumers when the full
sale price and tax are refunded either in cash or by credit.
(J) "Place of business" means any location at which a
person
engages in business.
(K) "Premises" includes any real property or portion
thereof
upon which any person engages in selling tangible
personal
property at retail or making retail sales and also
includes any
real property or portion thereof designated for, or
devoted to,
use in conjunction with the business engaged in by
such person.
(L) "Casual sale" means a sale of an item of tangible
personal property
which
that was obtained by the person making the
sale, through purchase or otherwise, for the person's own use in
this
state and
which was previously subject to any state's taxing
jurisdiction on its sale or use, and includes such items acquired
for the seller's use
which
that are sold by an auctioneer employed
directly by the person for such purpose, provided the location of
such sales is not the auctioneer's permanent place of business.
As
used in this division, "permanent place of business" includes
any
location where such auctioneer has conducted more than two
auctions during the year.
(M) "Hotel" means every establishment kept, used,
maintained, advertised, or held out to the public to be a place
where sleeping accommodations are offered to guests,. "Hotel"
includes only those establishments in which
five or more rooms are
used for the accommodation of such guests,
whether
such
the rooms
are in one or several structures, except as specified by a board
of county commissioners, a board of township trustees, or the
legislative authority of a municipal corporation as provided in
division (G) of section 5739.024 of the Revised Code.
(N) "Transient guests" means persons occupying a room or
rooms for sleeping accommodations for less than thirty
consecutive
days.
(O) "Making retail sales" means the effecting of
transactions wherein one party is obligated to pay the price and
the other party is obligated to provide a service or to transfer
title to or possession of the item sold. "Making retail sales"
does not include the preliminary acts of promoting or soliciting
the retail sales, other than the distribution of printed matter
which displays or describes and prices the item offered for sale,
nor does it include delivery of a predetermined quantity of
tangible personal property or transportation of property or
personnel to or from a place where a service is performed,
regardless of whether the vendor is a delivery vendor.
(P) "Used directly in the rendition of a public utility
service" means that property which is to be incorporated into and
will become a part of the consumer's production, transmission,
transportation, or distribution system and
which
that retains its
classification as tangible personal property after such
incorporation; fuel or power used in the production,
transmission,
transportation, or distribution system; and
tangible personal
property used in the repair and maintenance of
the production,
transmission, transportation, or distribution
system, including
only such motor vehicles as are specially
designed and equipped
for such use. Tangible personal property
and services used
primarily in providing highway transportation
for hire are not
used in providing a public utility service as
defined in this
division.
(Q) "Refining" means removing or separating a desirable
product from raw or contaminated materials by distillation or
physical, mechanical, or chemical processes.
(R) "Assembly" and "assembling" mean attaching or fitting
together parts to form a product, but do not include packaging a
product.
(S) "Manufacturing operation" means a process in which
materials are changed, converted, or transformed into a different
state or form from which they previously existed and includes
refining materials, assembling parts, and preparing raw materials
and parts by mixing, measuring, blending, or otherwise committing
such materials or parts to the manufacturing process.
"Manufacturing operation" does not include packaging.
(T) "Fiscal officer" means, with respect to a regional
transit authority, the secretary-treasurer thereof, and with
respect to a county
which
that is a transit authority, the fiscal
officer of the county transit board if one is appointed pursuant
to
section 306.03 of the Revised Code or the county auditor if the
board of
county commissioners operates the county transit system.
(U) "Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a
county
in which a county transit system is created pursuant to
section
306.01 of the Revised Code. For the purposes of this
chapter, a
transit authority must extend to at least the entire
area of a
single county. A transit authority
which
that includes
territory
in more than one county must include all the area of
the most
populous county
which
that is a part of such transit
authority.
County population shall be measured by the most
recent census
taken by the United States census bureau.
(V) "Legislative authority" means, with respect to a
regional transit authority, the board of trustees thereof, and
with respect to a county
which
that is a transit authority, the
board
of county commissioners.
(W) "Territory of the transit authority" means all of the
area included within the territorial boundaries of a transit
authority as they from time to time exist. Such territorial
boundaries must at all times include all the area of a single
county or all the area of the most populous county
which
that is a
part of such transit authority. County population shall be
measured by the most recent census taken by the United States
census bureau.
(X) "Providing a service" means providing or furnishing
anything described in division (B)(3) of this section for
consideration.
(Y)(1)(a) "Automatic data processing" means processing of
others' data, including keypunching or similar data entry
services
together with verification thereof, or providing access
to
computer equipment for the purpose of processing data.
(b) "Computer services" means providing services
consisting
of specifying computer hardware configurations and
evaluating
technical processing characteristics, computer
programming, and
training of computer programmers and operators,
provided in
conjunction with and to support the sale, lease, or
operation of
taxable computer equipment or systems.
(c) "Electronic information services" means providing
access
to computer equipment by means of telecommunications
equipment for
the purpose of either of the following:
(i) Examining or acquiring data stored in or accessible to
the computer equipment;
(ii) Placing data into the computer equipment to be
retrieved by designated recipients with access to the computer
equipment.
(d) "Automatic data processing, computer services, or
electronic information services" shall not include personal or
professional services.
(2) As used in divisions (B)(3)(e) and (Y)(1) of this
section, "personal and professional services" means all services
other than automatic data processing, computer services, or
electronic information services, including but not limited to:
(a) Accounting and legal services such as advice on tax
matters, asset management, budgetary matters, quality control,
information security, and auditing and any other situation where
the service provider receives data or information and studies,
alters, analyzes, interprets, or adjusts such material;
(b) Analyzing business policies and procedures;
(c) Identifying management information needs;
(d) Feasibility studies, including economic and technical
analysis of existing or potential computer hardware or software
needs and alternatives;
(e) Designing policies, procedures, and custom software
for
collecting business information, and determining how data
should
be summarized, sequenced, formatted, processed, controlled,
and
reported so that it will be meaningful to management;
(f) Developing policies and procedures that document how
business events and transactions are to be authorized, executed,
and controlled;
(g) Testing of business procedures;
(h) Training personnel in business procedure applications;
(i) Providing credit information to users of such
information by a consumer reporting agency, as defined in the
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15
U.S.C.
1681a(f), or as hereafter amended, including but not
limited to
gathering, organizing, analyzing, recording, and
furnishing such
information by any oral, written, graphic, or
electronic medium;
(j) Providing debt collection services by any oral,
written,
graphic, or electronic means.
The services listed in divisions (Y)(2)(a) to (j) of this
section are not automatic data processing or computer services.
(Z) "Highway transportation for hire" means the
transportation of personal property belonging to others for
consideration by any of the following:
(1) The holder of a permit or certificate issued by this
state or the United States authorizing the holder to engage in
transportation of personal property belonging to others for
consideration over or on highways, roadways, streets, or any
similar public thoroughfare;
(2) A person who engages in the transportation of personal
property belonging to others for consideration over or on
highways, roadways, streets, or any similar public thoroughfare
but who could not have engaged in such transportation on December
11, 1985, unless the person was the holder of a permit or
certificate of the types described in division (Z)(1) of this
section;
(3) A person who leases a motor vehicle to and operates it
for a person described by division (Z)(1) or (2) of this section.
(AA) "Telecommunications service" means the transmission
of
any interactive, two-way electromagnetic communications,
including
voice, image, data, and information, through the use of
any medium
such as wires, cables, microwaves, cellular radio,
radio waves,
light waves, or any combination of those or similar
media.
"Telecommunications service" includes message toll
service even
though the vendor provides the message toll service
by means of
wide area transmission type service or private
communications
service purchased from another telecommunications
service
provider, but does not include any of the following:
(1) Sales of incoming or outgoing wide area transmission
service or wide area transmission type service, including eight
hundred or eight-hundred-type service, to the person contracting
for the receipt of that service;
(2) Sales of private communications service to the person
contracting for the receipt of that service that entitles the
purchaser to exclusive or priority use of a communications
channel
or group of channels between exchanges;
(3) Sales of telecommunications service by companies
subject
to the excise tax imposed by Chapter 5727. of the Revised
Code;
(4) Sales of telecommunications service to a provider of
telecommunications service, including access services, for use in
providing telecommunications service;
(5) Value-added nonvoice services in which computer
processing applications are used to act on the form, content,
code, or protocol of the information to be transmitted;
(6) Transmission of interactive video programming by a
cable
television system as defined in section 505.90 of the
Revised
Code.
(BB) "Industrial laundry cleaning services" means removing
soil or dirt from or supplying towels, linens, or articles of
clothing that belong to others and are used in a trade or
business.
(CC) "Magazines distributed as controlled circulation
publications" means magazines containing at least twenty-four
pages, at least twenty-five per cent editorial content, issued at
regular intervals four or more times a year, and circulated
without charge to the recipient, provided that such magazines are
not owned or controlled by individuals or business concerns which
conduct such publications as an auxiliary to, and essentially for
the advancement of the main business or calling of, those who own
or control them.
(DD) "Landscaping and lawn care service" means the
services
of planting, seeding, sodding, removing, cutting,
trimming,
pruning, mulching, aerating, applying chemicals,
watering,
fertilizing, and providing similar services to
establish, promote,
or control the growth of trees, shrubs,
flowers, grass, ground
cover, and other flora, or otherwise
maintaining a lawn or
landscape grown or maintained by the owner
for ornamentation or
other nonagricultural purpose. However,
"landscaping and lawn
care service" does not include the
providing of such services by a
person who has less than five
thousand dollars in sales of such
services during the calendar
year.
(EE) "Private investigation and security service" means
the
performance of any activity for which the provider of such
service
is required to be licensed pursuant to Chapter 4749. of
the
Revised Code, or would be required to be so licensed in
performing
such services in this state, and also includes the
services of
conducting polygraph examinations and of monitoring
or overseeing
the activities on or in, or the condition of, the
consumer's home,
business, or other facility by means of
electronic or similar
monitoring devices. "Private investigation
and security service"
does not include special duty services
provided by off-duty police
officers, deputy sheriffs, and other
peace officers regularly
employed by the state or a political
subdivision.
(FF) "Information services" means providing conversation,
giving consultation or advice, playing or making a voice or other
recording, making or keeping a record of the number of callers,
and any other service provided to a consumer by means of a nine
hundred telephone call, except when the nine hundred telephone
call is the means by which the consumer makes a contribution to a
recognized charity.
(GG) "Research and development" means designing, creating,
or formulating new or enhanced products, equipment, or
manufacturing processes, and conducting scientific or
technological inquiry and experimentation in the physical
sciences
with the goal of increasing scientific knowledge which
may reveal
the bases for new or enhanced products, equipment, or
manufacturing processes.
(HH) "Qualified research and development equipment" means
capitalized tangible personal property, and leased personal
property that would be capitalized if purchased, used by a person
primarily to perform research and development. Tangible personal
property primarily used in testing, as defined in division (A)(4)
of section 5739.011 of the Revised Code, or used for recording or
storing test results, is not qualified research and development
equipment unless such property is primarily used by the consumer
in testing the product, equipment, or manufacturing process being
created, designed, or formulated by the consumer in the research
and development activity or in recording or storing such test
results.
(II) "Building maintenance and janitorial service" means
cleaning the interior or exterior of a building and any tangible
personal property located therein or thereon, including any
services incidental to such cleaning for which no separate charge
is made. However, "building maintenance and janitorial service"
does not include the providing of such service by a person who
has
less than five thousand dollars in sales of such service
during
the calendar year.
(JJ) "Employment service" means providing or supplying
personnel, on a temporary or long-term basis, to perform work or
labor under the supervision or control of another, when the
personnel so supplied receive their wages, salary, or other
compensation from the provider of the service. "Employment
service" does not include:
(1) Acting as a contractor or subcontractor, where the
personnel performing the work are not under the direct control of
the purchaser.
(2) Medical and health care services.
(3) Supplying personnel to a purchaser pursuant to a
contract of at least one year between the service provider and
the
purchaser that specifies that each employee covered under the
contract is assigned to the purchaser on a permanent basis.
(4) Transactions between members of an affiliated group,
as
defined in division (B)(3)(e) of this section.
(KK) "Employment placement service" means locating or
finding employment for a person or finding or locating an
employee
to fill an available position.
(LL) "Exterminating service" means eradicating or
attempting
to eradicate vermin infestations from a building or
structure, or
the area surrounding a building or structure, and
includes
activities to inspect, detect, or prevent vermin
infestation of a
building or structure.
(MM) "Physical fitness facility service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
physical fitness facility such as an athletic club, health spa,
or
gymnasium, which entitles the member to use the facility for
physical exercise.
(NN) "Recreation and sports club service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
recreation and sports club, which entitles the member to use the
facilities of the organization. "Recreation and sports club"
means an organization that has ownership of, or controls or
leases
on a continuing, long-term basis, the facilities used by
its
members and includes an aviation club, gun or shooting club,
yacht
club, card club, swimming club, tennis club, golf club,
country
club, riding club, amateur sports club, or similar
organization.
(OO) "Livestock" means farm animals commonly raised for
food
or food production, and includes but is not limited to
cattle,
sheep, goats, swine, and poultry. "Livestock" does not
include
invertebrates, fish, amphibians, reptiles, horses,
domestic pets,
animals for use in laboratories or for exhibition,
or other
animals not commonly raised for food or food production.
(PP) "Livestock structure" means a building or structure
used exclusively for the housing, raising, feeding, or sheltering
of livestock, and includes feed storage or handling structures
and
structures for livestock waste handling.
(QQ) "Horticulture" means the growing, cultivation, and
production of flowers, fruits, herbs, vegetables, sod, mushrooms,
and nursery stock. As used in this division, "nursery stock" has
the same meaning as in section 927.51 of the Revised Code.
(RR) "Horticulture structure" means a building or
structure
used exclusively for the commercial growing, raising,
or
overwintering of horticultural products, and includes the area
used for stocking, storing, and packing horticultural products
when done in conjunction with the production of those products.
(SS) "Newspaper" means an unbound publication bearing a
title or
name that is regularly published, at least as frequently
as biweekly, and
distributed from a fixed place of business to the
public in a specific
geographic area, and that contains a
substantial amount of news matter of
international, national, or
local events of interest to the general public.
(TT) "Professional
racing team" means a person that employs
at least twenty
full-time employees for the purpose of conducting
a motor
vehicle racing business for profit. The person must
conduct the
business with the purpose of racing one or more motor
racing
vehicles in at least ten competitive professional racing
events
each year that comprise all or part of a motor racing
series
sanctioned by one or more motor racing sanctioning
organizations. A "motor racing vehicle" means a vehicle for
which
the chassis, engine, and parts are designed
exclusively for motor
racing, and does not include a stock
or production model vehicle
that may be modified for use in
racing. For the purposes of this
division:
(1) A "competitive professional racing event" is a motor
vehicle racing event sanctioned by one or more motor racing
sanctioning organizations, at which aggregate cash prizes in
excess of eight hundred thousand dollars are awarded to
the
competitors.
(2) "Full-time employee" means an individual who is
employed
for consideration for thirty-five or more hours a week,
or who
renders any other standard of service generally accepted
by custom
or specified by contract as full-time
employment.
(UU)(1) "Prepaid
authorization number" means a numeric or
alphanumeric
combination that represents a prepaid account that
can be used
by the account holder solely to obtain
telecommunications
service, and includes any renewals or increases
in the prepaid
account.
(2) "Prepaid telephone calling card" means a tangible
item
that contains a prepaid authorization number that can be
used
solely to obtain telecommunications service, and includes
any
renewals or increases in the prepaid account.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A) The tax shall be collected pursuant to the schedules
in
section 5739.025 of the Revised Code.
The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
In the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred, the
tax, as regards such rentals, shall be measured by the
installments thereof.
In the case of a sale of a service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt
of the benefit of the service, the tax applicable to the
sale
shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers, and of magazine subscriptions
shipped by second class mail, and sales or transfers of magazines
distributed as controlled circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under section
5735.14 of the Revised Code; and the tax
commissioner may deduct
the amount of tax levied by this section
applicable to the price
of motor fuel when granting a
refund of motor fuel tax pursuant to
section 5735.14 of
the Revised Code and shall cause the amount
deducted to be paid
into the general revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telephone
or telegraph company, all terms as defined in section
5727.01 of
the Revised Code;
(8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization, except that sales made by
separate
student clubs and other groups of students of a primary
or
secondary school, and sales made by a parent-teacher
association,
booster group, or similar organization that raises
money to
support or fund curricular or extracurricular activities
of a
primary or secondary school, shall not be considered to be
sales
of such school, and sales by each such club, group,
association,
or organization shall be counted separately for
purposes of the
six-day limitation. This division does not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) The transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision thereof, or with the United
States government or any of its agencies; building and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
such
structures or improvements; building and construction
materials
sold to construction contractors for incorporation into
a
horticulture structure or livestock structure for a person
engaged
in the business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15) Sales to persons engaged in any of the activities
mentioned in division (E)(2) or (9) of section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material, labels, and parts for packages, and
of
machinery, equipment, and material for use primarily in
packaging
tangible personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to prepare packages
or products for labeling, or to
label packages or products, by or on the order
of the person doing
the packaging, or sold at retail.
"Packages"
includes bags,
baskets, cartons, crates, boxes, cans, bottles,
bindings,
wrappings, and other similar devices and containers, and
"packaging" means placing therein.
(16) Sales of food to persons using food stamp
coupons
benefits to
purchase the food. As used in division (B)(16) of
this section,
"food" has the same meaning as in the
"Food Stamp
Act of 1977,"
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal
regulations
adopted pursuant to that act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs dispensed by a licensed
pharmacist
upon
the order of a licensed health professional
authorized to
prescribe drugs to a human being, as the term
"licensed health
professional authorized to prescribe drugs" is defined in section
4729.01
of the Revised Code;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for
use in
the treatment of persons with end-stage renal disease;
hospital
beds when purchased
for use by persons with medical
problems for medical purposes;
and oxygen and oxygen-dispensing
equipment when purchased for use
by persons with medical problems
for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; wheelchairs; devices used to lift wheelchairs
into
motor vehicles and parts and accessories to such devices;
crutches
or other devices to aid human perambulation; and items
of tangible
personal property used to supplement impaired
functions of the
human body such as respiration, hearing, or
elimination. No
exemption under this division shall be allowed
for nonprescription
drugs, medicines, or remedies; items or
devices used to supplement
vision; items or devices whose
function is solely or primarily
cosmetic; or physical fitness
equipment. This division does not
apply to sales to a physician
or medical facility for use in the
treatment of a patient.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the same from this state in a vehicle owned by the
purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is
taken in this state for the sole purpose of immediately
removing
it from this state, that the motor vehicle will be
permanently
titled and registered in another state, and that the
motor vehicle
will not be used in this state;
(24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property by
a
person engaged in highway transportation for hire;
(33) Sales to the state headquarters of any veterans'
organization in Ohio that is either incorporated and issued a
charter by the congress of the United States or is recognized by
the United States veterans administration, for use by the
headquarters;
(34) Sales to a telecommunications service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in division (B)(34) of this section
shall
be in lieu of all other exceptions under division (E)(2) of
section 5739.01 of the Revised Code to which a telecommunications
service vendor may otherwise be entitled based upon the use of
the
thing purchased in providing the telecommunications service.
(35) Sales of investment metal bullion and investment
coins.
"Investment metal bullion" means any elementary precious
metal
that has been put through a process of smelting or
refining,
including, but not limited to, gold, silver, platinum,
and
palladium, and which is in such state or condition that its
value
depends upon its content and not upon its form.
"Investment metal
bullion" does not include fabricated precious
metal that has been
processed or manufactured for one or
more
specific and customary
industrial, professional, or artistic
uses.
"Investment coins"
means numismatic coins or other forms
of money and legal tender
manufactured of gold, silver, platinum,
palladium, or other metal
under the laws of the United States or
any foreign nation with a
fair market value greater than any
statutory or nominal value of
such coins.
(36)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(36)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(36) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(37) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(38) The sale of a motor vehicle that is used exclusively
for a vanpool
ridesharing arrangement to persons participating in
the vanpool ridesharing
arrangement when the vendor is selling the
vehicle pursuant to a contract
between the vendor and the
department of transportation;
(39) Sales of personal computers, computer monitors,
computer keyboards,
modems, and other peripheral computer
equipment to an individual who is
licensed or certified to teach
in an elementary or a secondary school in this
state for use by
that individual in preparation for teaching elementary or
secondary school students;
(40) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in motor racing vehicles, including
engines, chassis, and all
other components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(41) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(42) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this division shall be in lieu of all other exceptions in division
(E)(2) of section 5739.01 of the Revised Code to
which a provider
of electricity may otherwise be entitled based on the use of the
tangible
personal property or service purchased in generating,
transmitting, or
distributing electricity.
For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the contrary
is established.
As used in this section, except in division (B)(16) of this
section,
"food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable
products, fruits, fruit products, and pure fruit
juices,
condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous or malt liquors; soft drinks; sodas and
beverages that are ordinarily dispensed at bars and soda
fountains
or in connection therewith, other than coffee, tea, and
cocoa;
root beer and root beer extracts; malt and malt extracts;
mineral
oils, cod liver oils, and halibut liver oil; medicines,
including
tonics, vitamin preparations, and other products sold
primarily
for their medicinal properties; and water, including
mineral,
bottled, and carbonated waters, and ice.
(C) The levy of an excise tax on transactions by which
lodging by a hotel is or is to be furnished to transient guests
pursuant to this section and division (B) of section 5739.01 of
the Revised Code does not prevent any of the following:
(1) A municipal corporation or township from levying an
excise tax for any lawful purpose not to exceed three per cent on
transactions by which lodging by a hotel is or is to be furnished
to transient guests in addition to the tax levied by this
section.
If a municipal corporation or township repeals a tax
imposed under
division (C)(1) of this section and a county in
which the
municipal corporation or township has territory has a
tax imposed
under division (C) of section 5739.024 of the Revised
Code in
effect, the municipal corporation or township may not
reimpose its
tax as long as that county tax remains in effect. A
municipal
corporation or township in which a tax is levied under
division
(B)(2) of section 351.021 of the Revised Code may not
increase the
rate of its tax levied under division (C)(1) of this
section to
any rate that would cause the total taxes levied under
both of
those divisions to exceed three per cent on any lodging
transaction within the municipal corporation or township.
(2) A municipal corporation or a township from levying an
additional excise tax not to exceed three per cent on such
transactions pursuant to division (B) of section 5739.024 of the
Revised Code. Such tax is in addition to any tax imposed under
division (C)(1) of this section.
(3) A county from levying an excise tax pursuant to division
(A) of
section 5739.024 of the Revised Code.
(4) A county from levying an excise tax not to exceed
three
per cent of such transactions pursuant to division (C) of
section
5739.024 of the Revised Code. Such a tax is in addition
to any
tax imposed under division (C)(3) of this section.
(5) A convention facilities authority, as defined in
division (A) of section 351.01 of the Revised Code, from levying
the excise taxes provided for in division (B) of section 351.021
of the Revised Code.
(6) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(D) of section 5739.024 of the Revised Code. Such tax is in
addition to any tax imposed under division (C)(3) or (4) of this
section.
(7) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(E) of section 5739.024 of the Revised Code. Such a tax is in
addition to any tax imposed under division (C)(3), (4), or (6) of
this section.
(D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
Sec. 5739.024. (A)(1) A board of county commissioners may,
by
resolution adopted by a majority of the members of the board,
levy an excise tax not to exceed three per cent on transactions
by
which lodging by a hotel is or is to be furnished to transient
guests. The board shall establish all regulations necessary to
provide for the administration and allocation of the tax.
The
regulations may prescribe the time for payment of the tax, and
may
provide for the imposition of a penalty or interest, or both, for
late
payments,
provided
that the penalty does not exceed ten per
cent of the amount of tax due, and
the
rate at which interest
accrues does not exceed the rate per annum prescribed
pursuant to
section 5703.47 of the Revised Code.
Except
as
otherwise provided
in divisions (A)(2)
and (3) of
this section,
the regulations shall
provide, after deducting the real and actual
costs of
administering the tax, for the return to each municipal
corporation or township that does not levy an excise tax on such
transactions, a uniform percentage of the tax collected in the
municipal corporation or in the unincorporated portion of the
township from each such transaction, not to exceed thirty-three
and one-third per cent. The remainder of the revenue arising
from
the tax shall be deposited in a separate fund and shall be
spent
solely to make contributions to the convention and
visitors'
bureau operating within the county, including a pledge
and
contribution of any portion of such remainder pursuant to an
agreement authorized by section 307.695 of the Revised Code.
Except as
otherwise provided
under
in division (A)(2) or (3) of
this
section, on and after May 10, 1994, a board of county
commissioners may not levy an excise tax pursuant to this
division
in any municipal corporation or township located wholly
or partly
within the county that has in effect an ordinance or
resolution
levying an excise tax pursuant to division (B) of this
section.
The board of a county that has levied a tax under
division (C) of
this section may, by resolution adopted within
ninety days after
July 15, 1985, by a majority of the members of
the board, amend
the resolution levying a tax under this division
to provide for a
portion of that tax to be pledged and
contributed in accordance
with an agreement entered
into under section
307.695 of the
Revised
Code. A tax, any revenue from which is
pledged pursuant
to such
an agreement, shall remain in effect at
the rate at which
it is
imposed for the duration of the period
for which the revenue
therefrom has been so pledged.
(2) A board of county commissioners that levies an excise
tax
under division (A)(1) of this section on June 30,
1997, at a
rate of
three per cent, and that has pledged revenue from the
tax
to an agreement entered into under section 307.695 of the Revised
Code,
may amend the resolution levying that tax
to provide for an
increase in the rate of the tax up to five per cent on each
transaction; to provide that revenue from the increase in the rate
shall be
spent solely to make contributions to the convention and
visitors' bureau
operating within the county to be used
specifically for promotion,
advertising, and marketing of the
region in which the county is located; to
provide that the rate in
excess of the three per cent levied under division
(A)(1) of this
section shall remain in effect at the rate at which it
is imposed
for the duration of the period during which any agreement is in
effect that was entered into under section 307.695 of the Revised
Code by the
board of county commissioners levying a tax under
division (A)(1) of this
section; and to provide that no portion of
that revenue need be
returned to townships or municipal
corporations as would otherwise be required
under division (A)(1)
of this section.
(3) A board of county commissioners that levies a tax under
division (A)(1) of this section on March 18, 1999, at a rate of
three per
cent may, by resolution adopted not later
than
forty-five days after March
18, 1999, amend the resolution
levying
the tax to provide for all of the following:
(a) That the rate of the tax shall be increased by not more
than
an additional four per cent on each transaction;
(b) That all of the revenue from the increase in rate shall
be
pledged and contributed to a convention facilities authority
established by
the board of county commissioners under Chapter
351. of the
Revised Code on or before November 15, 1998, and
used
to pay costs of constructing,
maintaining, operating, and
promoting a facility in the county, including
paying bonds, or
notes issued in anticipation of bonds, as provided by that
chapter;
(c) That no portion of the revenue arising from the increase
in
rate need be returned to municipal corporations or townships as
otherwise
required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to
diminution
by initiative or referendum or by law while any bonds,
or notes in
anticipation of bonds, issued by the authority under
Chapter 351. of
the Revised Code to which the revenue is pledged
remain
outstanding in accordance with their terms, unless
provision is made by law or
by the board of county commissioners
for an adequate substitute therefor that
is satisfactory to the
trustee if a trust agreement secures the bonds.
Division (A)(3) of this
section does not apply to the board
of county commissioners of
any county in which a convention center
or facility exists or is
being constructed on November
15, 1998,
or of any county in which a convention facilities
authority levies
a tax pursuant to section 351.021 of the
Revised Code on that
date.
As used in division (A)(3) of this section,
"costs" and
"facility"
have the same meanings as in section 351.01 of the
Revised
Code, and
"convention center" has the same meaning as in
section
307.695 of the Revised Code.
(B) The legislative authority of a municipal corporation
or
the board of trustees of a township that is not wholly or
partly
located in a county that has in effect a resolution
levying an
excise tax pursuant to division (A)(1) of this section
may by
ordinance or resolution levy an excise tax not to exceed
three per
cent on transactions by which lodging by a hotel is or
is to be
furnished to transient guests. The legislative
authority of the
municipal corporation or township shall deposit
at least fifty per
cent of the revenue from the tax levied
pursuant to this division
into a separate fund, which shall be
spent solely to make
contributions to convention and visitors'
bureaus operating within
the county in which the municipal
corporation or township is
wholly or partly located, and the
balance of such revenue shall be
deposited in the general fund.
The municipal corporation or
township shall establish all
regulations necessary to provide for
the administration and
allocation of the tax.
The
regulations may
prescribe the time for payment of the tax, and
may provide for the
imposition of a penalty or interest, or both, for late
payments,
provided
that the penalty does not exceed ten per cent of the
amount of tax due, and
the
rate at which interest accrues does not
exceed the rate per annum prescribed
pursuant to section 5703.47
of the Revised Code. The levy of a tax
under this division is
in
addition to any tax imposed on the same
transaction by a
municipal
corporation or a township as authorized
by division
(C)(1) of
section 5739.02 of the Revised Code.
(C) For the purpose of making the payments authorized by
section 307.695 of the Revised Code to construct and equip a
convention center in the county and to cover the costs of
administering the tax, a board of county commissioners of a
county
where a tax imposed under division (A)(1) of this section is
in
effect may, by resolution adopted within ninety days after
July
15, 1985, by a majority of the members of
the board, levy an
additional excise tax not to exceed three per
cent on transactions
by which lodging by a hotel is or is to be
furnished to transient
guests. The tax authorized by this
division shall be in addition
to any tax that is levied pursuant
to division (A) of this
section, but it shall not apply to
transactions subject to a tax
levied by a municipal corporation
or township pursuant to the
authorization granted by division
(C)(1) of section 5739.02 of the
Revised Code. The board shall
establish all regulations necessary
to provide for the
administration and allocation of the tax.
The
regulations may prescribe the time for payment of the tax, and
may
provide for the imposition of a penalty or interest, or both, for
late
payments,
provided
that the penalty does not exceed ten per
cent of the amount of tax due, and
the
rate at which interest
accrues does not exceed the rate per annum prescribed
pursuant to
section 5703.47 of the Revised Code. All
revenues arising
from
the tax shall be expended in accordance with
section 307.695
of
the Revised Code. A tax imposed under this
section shall
remain
in effect at the rate at which it is imposed
for the
duration of
the period for which the revenue therefrom has
been
pledged
pursuant to such section.
(D) For the purpose of providing contributions under
division (B)(1) of section 307.671 of the Revised Code to enable
the acquisition, construction, and equipping of a port authority
educational and cultural facility in the county and, to the
extent
provided for in the cooperative agreement authorized by
that
section, for the purpose of paying debt service charges on
bonds,
or notes in anticipation thereof, described in division
(B)(1)(b)
of that section, a board of county commissioners, by
resolution
adopted within ninety days after December 22,
1992, by a majority
of the members of the board, may
levy an additional excise tax not
to exceed one and one-half per
cent on transactions by which
lodging by a hotel is or is to be
furnished to transient guests.
The excise tax authorized by this
division shall be in addition to
any tax that is levied pursuant
to divisions (A), (B), and (C) of
this section, to any excise tax
levied pursuant to division (C) of
section 5739.02 of the Revised
Code, and to any excise tax levied
pursuant to section 351.021 of
the Revised Code. The board of
county commissioners shall
establish all regulations necessary to
provide for the
administration and allocation of the tax that are
not
inconsistent with this section or section 307.671 of the
Revised
Code.
The
regulations may prescribe the time for payment
of the tax, and
may provide for the imposition of a penalty or
interest, or both, for late
payments,
provided
that the penalty
does not exceed ten per cent of the amount of tax due, and
the
rate at which interest accrues does not exceed the rate per annum
prescribed
pursuant to section 5703.47 of the Revised Code. All
revenues arising from the tax shall be expended
in
accordance with
section 307.671 of the Revised Code and
division
(D) of this
section. The levy of a tax imposed under
this
section may not
commence prior to the first day of the month
next
following the
execution of the cooperative agreement
authorized
by section
307.671 of the Revised Code by all parties
to that
agreement.
Such
tax shall remain in effect at the rate at
which
it is imposed
for
the period of time described in division
(C) of
section
307.671 of
the Revised Code for which the revenue
from
the tax has
been
pledged by the county to the corporation
pursuant to such
section,
but, to any extent provided for in the
cooperative
agreement, for
no lesser period than the period of
time required
for payment of
the debt service charges on bonds,
or
notes in
anticipation
thereof, described in division (B)(1)(b)
of
that
section.
(E) For the purpose of paying the costs of acquiring,
constructing, equipping, and improving a municipal educational
and
cultural facility, including debt service charges on bonds
provided for in division (B) of section 307.672 of the Revised
Code, and for such additional purposes as are determined by the
county in the resolution levying the tax or amendments thereto,
including subsequent amendments providing for paying costs of
acquiring,
constructing, renovating, rehabilitating, equipping,
and improving a port
authority educational and cultural performing
arts facility, as defined in
section 307.674 of the Revised Code,
including debt service charges on bonds provided for in
division
(B) of section 307.674 of the Revised Code, the legislative
authority of a county, by resolution adopted
within ninety days
after June 30, 1993, by a majority of the members of the
legislative authority, may levy an additional excise tax not to
exceed one
and one-half per cent on transactions by which lodging
by a hotel
is or is to be furnished to transient guests. The
excise tax
authorized by this division shall be in addition to any
tax that
is levied pursuant to divisions (A), (B), (C), and (D) of
this
section, to any excise tax levied pursuant to division (C) of
section 5739.02 of the Revised Code, and to any excise tax levied
pursuant to section 351.021 of the Revised Code. The legislative
authority of the county shall establish all regulations necessary
to provide for the administration and allocation of the tax.
The
regulations may prescribe the time for
payment of the tax, and
may
provide for the imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent of the amount of tax due, and
the
rate at which interest
accrues does not exceed the rate per
annum prescribed
pursuant to
section 5703.47 of the Revised Code. All
revenues arising from the
tax shall be expended in accordance
with
section 307.672 of the
Revised Code and division (E) of this
section. The levy of a tax
imposed under this division shall not
commence prior to the first
day of the month next following the
execution of the cooperative
agreement authorized by section
307.672 of the Revised Code by all
parties to that agreement.
Such
tax shall remain in effect at the
rate at which it is
imposed for
the period of time determined by
the legislative
authority of the
county, but not to exceed fifteen
years.
(F) The legislative authority of a county that has levied a
tax
under division (E) of this section may, by resolution adopted
within
one hundred eighty days after
the effective date of this
amendment
January 4, 2001, by a
majority of the members of the
legislative
authority, amend the resolution levying a tax under
division
(E)
of this section to provide for the use of the
proceeds of that
tax, to the extent that it is no longer needed
for its original
purpose as
determined by the parties to a
cooperative agreement
amendment pursuant to
division (D) of
section 307.672 of the
Revised Code, to pay costs of acquiring,
constructing, renovating,
rehabilitating, equipping, and improving
a port
authority
educational and cultural performing arts
facility, including debt
service charges on bonds provided for in
division (B) of section
307.674 of the Revised Code, and to pay
all obligations under any
guaranty agreements,
reimbursement
agreements, or other credit
enhancement agreements described in
division (C) of section
307.674 of the Revised Code. The
resolution may also
provide
for
the extension of the tax at
the
same rate for the longer of the
period of time determined by the
legislative authority of the
county, but not to exceed an
additional
twenty-five years, or the
period of time required to
pay all debt service
charges on bonds
provided for in division (B)
of section 307.672 of the Revised
Code
and on port authority
revenue bonds provided for in division
(B) of
section 307.674 of
the Revised Code. All revenues arising
from the amendment and
extension
of the tax shall be expended in
accordance with section
307.674 of the Revised Code and
divisions
(E) and (F) of this
section.
(G) A board of county commissioners, board of township
trustees,
or
the legislative authority of a municipal corporation
may adopt a resolution or
ordinance at any time specifying that
"hotel," as otherwise defined in
section 5739.01 of the Revised
Code, includes establishments in which fewer than five rooms
are
used for the accommodation of guests. The resolution or ordinance
may
apply to a tax imposed pursuant to this section prior to the
adoption of the
resolution or ordinance if the resolution or
ordinance so states, but the tax
shall not apply to transactions
by which lodging by such an establishment is
provided to transient
guests prior to the adoption of the resolution or
ordinance.
Sec. 5739.032. (A) If the total amount of tax required to
be paid by a permit holder under section 5739.031 of the Revised
Code for any calendar year indicated in the following schedule
equals or exceeds the amounts prescribed for that year in the
schedule, the permit holder shall remit each monthly tax payment
in the second ensuing and each succeeding year by electronic
funds
transfer as prescribed by division (B) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a permit holder's tax payment for each of two
consecutive
years beginning with 2000 is less than sixty
thousand dollars, the
permit holder is relieved of the
requirement to remit taxes by
electronic funds transfer for the
year that next follows the
second of the consecutive years in
which the tax payment is less
than sixty thousand
dollars,
and is relieved of that requirement
for each succeeding year
unless the tax payment in a subsequent
year equals or exceeds sixty
thousand dollars.
The tax commissioner shall notify each permit holder
required
to remit taxes by electronic funds transfer of the
permit holder's
obligation to do so, shall maintain an updated
list of those
permit holders, and shall timely certify the list
and any
additions thereto or deletions therefrom to the treasurer
of
state. Failure by the tax commissioner to notify a permit
holder
subject to this section to remit taxes by electronic funds
transfer does not relieve the permit holder of its obligation to
remit taxes by electronic funds transfer.
(B) Permit holders required by division (A) of this
section
to remit payments by electronic funds transfer shall
remit such
payments to the treasurer of state in the manner
prescribed by
rules adopted by the treasurer under section
113.061 of the
Revised Code and on or before the dates specified
under section
5739.031 of the Revised Code. The payment of taxes
by electronic
funds transfer does not affect a permit holder's
obligation to
file the monthly return as required under section
5739.031 of the
Revised Code.
A permit holder required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer to be excused from that
requirement. The treasurer of state may excuse the permit holder
from remittance by electronic funds transfer for good cause shown
for the period of time requested by the permit holder or for a
portion of that period. The treasurer shall notify the tax
commissioner and the permit holder of the treasurer's decision as
soon as is practicable.
(C) If a permit holder required by this section to remit
taxes by electronic funds transfer remits those taxes by some
means other than by electronic funds transfer as prescribed by
this section and the rules adopted by the treasurer of state, and
the
treasurer
tax commissioner determines that such failure was
not due to
reasonable cause or was due to willful neglect, the
treasurer
shall notify the tax commissioner of the failure to
remit by
electronic funds transfer and shall provide the
commissioner with
any information used in making that
determination. The tax
commissioner may collect an additional
charge by assessment in
the manner prescribed by section 5739.13
of the Revised Code.
The additional charge shall equal five per
cent of the amount of
the taxes required to be paid by electronic
funds transfer, but
shall not exceed five thousand dollars. Any
additional charge
assessed under this section is in addition to
any other penalty
or charge imposed under this chapter, and shall
be considered as
revenue arising from taxes imposed under this
chapter. The tax
commissioner may remit all or a portion of such
a charge and may
adopt rules governing such remission.
No additional charge shall be assessed under this division
against a permit holder that has been notified of its obligation
to remit taxes under this section and that remits its first two
tax payments after such notification by some means other than
electronic funds transfer. The additional charge may be assessed
upon the remittance of any subsequent tax payment that the permit
holder remits by some means other than electronic funds transfer.
Sec. 5739.07. (A) The tax commissioner shall refund to
vendors
the amount of taxes paid illegally or erroneously or paid
on any
illegal or erroneous assessment if the vendor has not been
reimbursed from the consumer. When the illegal or
erroneous
payment or assessment was not paid to a vendor but was
paid by the
consumer directly to the treasurer of state
or,
an agent of the
treasurer of state,
the tax commissioner, or an agent of the tax
commissioner, the tax
commissioner shall refund to the consumer.
When a refund is granted
for payment of an illegal or erroneous
assessment issued by the
department, the refund shall include
interest as provided by
section 5739.132 of the Revised Code.
(B) The tax commissioner may make a refund to the consumer
of
taxes paid illegally or erroneously if the tax has not been
refunded to the
vendor and any of the following circumstances
apply:
(1) The consumer is unable to receive a refund from the
vendor because the
vendor has ceased business;
(2) The vendor is unable to issue a refund because of
bankruptcy or similar
financial condition;
(3) The consumer receives a refund of the full price paid to
the vendor from
a manufacturer or other person, other than the
vendor, as a settlement for a
complaint by the consumer about the
property or service purchased.
(C) Applications for refund shall be filed with the tax
commissioner, on the
form prescribed by the tax commissioner,
within four years from the date of
the illegal or erroneous
payment of the tax, unless the vendor or consumer
waives the time
limitation under division (A)(3) of section
5739.16 of the Revised
Code. If the time
limitation is waived, the four-year refund
limitation shall be extended for the same period of time as the
waiver. On the filing of an application for refund, the
commissioner shall determine the amount of refund due and certify
that amount to the director of budget and management and
treasurer
of state for payment from the tax refund fund created
by section
5703.052 of the Revised Code.
Sec. 5739.102. A person who is liable for a tax levied
under
section 5739.101 of the Revised Code shall file a return
with the
treasurer of state
tax commissioner showing
his
the person's
taxable
gross receipts
from sales described under division (B)(1)
or (2) of that
section. The tax commissioner shall prescribe the
form of the
return, and the six- or twelve-month reporting period.
The
person shall file the return on or before the last day of the
month following the end of the reporting period prescribed by the
commissioner, and shall include with the return payment of the
tax
for the period.
The remittance shall be made payable to the
treasurer of state.
Upon receipt of a return, the
treasurer of state
tax
commissioner shall
credit any money included with it to the resort
area excise tax
fund, which is hereby created, and shall forward
the return to
the tax commissioner. The treasurer of state shall
stamp or
otherwise mark on the return the date it was received,
and shall
indicate on the return the amount of payment received
with it.
Within forty-five days after the end of each month, the
commissioner shall provide for the distribution of all money paid
during that month into the resort area excise tax fund to the
appropriate municipal corporations and townships, after first
subtracting and crediting to the general revenue fund one per
cent
to cover the costs of administering the excise tax.
If a person liable for the tax fails to file a return or
pay
the tax as required under this section and the rules of the
tax
commissioner,
he
the person shall pay an additional charge
of the
greater of fifty dollars or ten per cent of the tax due for the
return period. The additional charge shall be considered revenue
arising from the tax levied under section 5739.101 of the Revised
Code, and may be collected by assessment in the manner provided
in
section 5739.13 of the Revised Code. The tax commissioner may
remit all or a portion of the charge.
Sec. 5739.12. Each person who has or is required to have a
vendor's license, on or before the twenty-third day of each
month,
shall make and file a return for the preceding month, on
forms
prescribed by the tax commissioner, and shall pay the tax
shown on
the return to be due. The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties which may become
due under this chapter and may adopt
rules relating thereto. Such
return shall be filed by mailing
the same
it to the
treasurer of
state
tax commissioner, together with payment of the
amount of tax
shown to be due thereon after deduction of any
discount provided
for under this section.
Remittance shall be made payable to the
treasurer of state. The return shall be
considered filed when
received by the
treasurer of state
tax commissioner, and the
payment shall be considered made when received by the
treasurer
of
state
tax commissioner or when credited to an account designated
by the
treasurer of state
or the tax commissioner. If the return
is filed and the amount of tax
shown thereon to be due is paid on
or before the date such return
is required to be filed, the vendor
shall be entitled to a
discount of three-fourths of one per cent
of the amount shown to
be due on the return. Amounts paid to the
clerk of courts
pursuant to section 4505.06 of the Revised Code
shall be subject
to the three-fourths of one per cent discount.
The discount shall be in
consideration for prompt payment to the
clerk of courts and for
other services performed by the vendor in
the collection of the
tax.
Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
treasurer of state
tax
commissioner payment of
not less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing or delivering
the same
it to the
treasurer of
state
tax commissioner,
together with payment of the amount of tax
shown to be due
thereon after deduction of any discount provided
in this section.
Remittance shall be made payable to the treasurer
of state.
Failure of a vendor to comply with any of the above
conditions
may result in immediate reinstatement of the
requirement of
reporting and paying the actual tax liability on
each monthly
return, and the commissioner may at the
commissioner's
discretion deny the vendor the right to report and
pay based upon the average
monthly
liability for a period not to
exceed two years. The amount
determined
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment.
The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
determined
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns are filed at less frequent intervals in accordance with
such
a determination
authorization, the vendor shall be allowed
the discount of
three-fourths of one per cent in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner.
The treasurer of state shall stamp or otherwise mark on all
returns the date received by the treasurer of state and
shall also
show thereon by
stamp or otherwise the amount of payment received
for the period
for which the return is filed. Thereafter, the
treasurer of
state shall immediately transmit all returns filed
under this
section to the commissioner. Any vendor who fails to
file a
return or pay the full amount of the tax shown on the
return to
be due under this section and the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as shown on the
return within the period
prescribed by this section and the rules
of the commissioner,
be required to forfeit and pay into the state
treasury an additional
charge not exceeding
fifty dollars or ten
per cent of the tax required to be paid for
the reporting period,
whichever is greater, as revenue arising
from the tax imposed by
this chapter, and such sum may be
collected by assessment in the
manner provided in section 5739.13
of the Revised Code. The
commissioner may remit all or a portion
of the additional charge
and may adopt rules relating to
the imposition and remission of
the additional charge.
If the amount required to be collected by a vendor from
consumers is in excess of five per cent of the vendor's
receipts
from
sales which are taxable under section 5739.02 of the Revised
Code, or in the case of sales subject to a tax levied pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in
excess of the percentage equal to the aggregate rate of such
taxes
and the tax levied by section 5739.02 of the Revised Code,
such
excess shall be remitted along with the remittance of the
amount
of tax due under section 5739.10 of the Revised Code.
The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent.
Any vendor required to file a return and pay the tax under
this section whose total payment in any year indicated in
division
(A) of section 5739.122 of the Revised Code equals or
exceeds the
amount shown in that division shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section.
Sec. 5739.121. As used in this section, "bad debt" means
any
debt that has become worthless or uncollectible in the time
period
between a vendor's preceding return and the present
return, have
been uncollected for at least six months, and that
may be claimed
as a deduction pursuant to the "Internal Revenue
Code of 1954,"
68A Stat. 50, 26 U.S.C. 166, as amended, and
regulations adopted
pursuant thereto, or that could be claimed as
such a deduction if
the vendor kept accounts on an accrual basis.
"Bad debt" does not
include any interest or sales tax on the
purchase price,
uncollectible amounts on property that remains in
the possession
of the vendor until the full purchase price is
paid, expenses
incurred in attempting to collect any account
receivable or for
any portion of the debt recovered, any accounts
receivable that
have been sold to a third party for collection,
and repossessed
property.
In computing taxable receipts for purposes of this chapter,
a
vendor may deduct the amount of bad debts, as defined in this
section. The amount deducted must be charged off as
uncollectible
on the books of the vendor. A deduction may be
claimed only with
respect to bad debts on which the taxes
pursuant to sections
5739.10 and 5739.12 of the Revised Code were
paid in a preceding
tax period. If the vendor's business
consists of taxable and
nontaxable transactions, the deduction
shall equal the full amount
of the debt if the debt is documented
as a taxable transaction in
the vendor's records. If no such
documentation is available, the
maximum deduction on any bad debt
shall equal the amount of the
bad debt multiplied by the quotient
obtained by dividing the sales
taxed pursuant to this chapter
during the preceding calendar year
by all sales during the
preceding calendar year, whether taxed or
not. If a consumer or
other person pays all or part of a bad debt
with respect to which
a vendor claimed a deduction under this
section, the vendor shall
be liable for the amount of taxes
deducted in connection with
that portion of the debt for which
payment is received and shall
remit such taxes in
his
the vendor's
next payment to the
treasurer of state
tax commissioner.
Any claim for a bad debt deduction under this section shall
be supported by such evidence as the tax commissioner by rule
requires. The commissioner shall review any change in the rate
of
taxation applicable to any taxable sales by a vendor claiming
a
deduction pursuant to this section and adopt rules for altering
the deduction in the event of such a change in order to ensure
that the deduction on any bad debt does not result in the vendor
claiming the deduction recovering any more or less than the taxes
imposed on the sale that constitutes the bad debt.
Sec. 5739.13. (A) If any vendor collects the tax imposed
by
or pursuant to section 5739.02, 5739.021, 5739.023, or
5739.026 of
the Revised Code, and fails to remit the tax to the
state as
prescribed, or on the sale of a motor vehicle,
watercraft, or
outboard motor required to be titled, fails to
remit payment to a
clerk of a court of common pleas as provided
in section 1548.06 or
4505.06 of the Revised Code, the
vendor shall be personally liable
for any tax collected and not remitted.
The tax commissioner may
make an assessment against such vendor
based upon any information
in the commissioner's possession.
If any vendor fails to collect the tax or any consumer
fails
to pay the tax imposed by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code, on any
transaction subject to the tax, the vendor or consumer shall be
personally liable for the amount of the tax applicable to the
transaction. The commissioner may make an assessment against
either the vendor or consumer, as the facts may require, based
upon any information in the commissioner's possession.
An assessment against a vendor when the tax imposed by or
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of
the Revised Code has not been collected or paid, shall not
discharge the purchaser's or consumer's liability to reimburse
the
vendor for the tax applicable to such transaction.
An assessment issued against either, pursuant to this
section, shall not be considered an election of remedies, nor a
bar to an assessment against the other for the tax applicable to
the same transaction, provided that no assessment shall be issued
against any person for the tax due on a particular transaction if
the tax on that transaction actually has been paid by another.
The commissioner may make an assessment against any vendor
who fails to file a return or remit the proper amount of tax
required by this chapter, or against any consumer who fails to
pay
the proper amount of tax required by this chapter. When
information in the possession of the commissioner indicates that
the amount required to be collected or paid under this chapter is
greater than the amount remitted by the vendor or paid by the
consumer, the commissioner may audit a sample of the vendor's
sales or the consumer's purchases for a representative period, to
ascertain the per cent of exempt or taxable transactions or the
effective tax rate and may issue an assessment based on the
audit.
The commissioner shall make a good faith effort to reach
agreement
with the vendor or consumer in selecting a
representative sample
period.
The tax commissioner may make an assessment, based on any
information in his possession, against any person who fails to
file a return or remit the proper amount of tax required by
section 5739.102 of the Revised Code.
The tax commissioner may issue an assessment on any
transaction for which any tax imposed under this chapter or
Chapter 5741. of the Revised Code was due and unpaid on the date
the vendor or consumer was informed by an agent of the tax
commissioner of an investigation or audit. If the vendor or
consumer remits any payment of the tax for the period covered by
the assessment after the vendor or consumer was informed of the
investigation or audit, the payment shall be credited against the
amount of the assessment.
The commissioner shall give the party assessed written
notice
of the assessment as
provided in section 5703.37 of the Revised
Code.
(B) Unless the party to whom the notice of assessment is
directed files with the commissioner within sixty days
after
service of the notice of assessment, either personally or by
certified mail, a petition for reassessment in writing, signed by
the party assessed, or by the party's authorized agent
having
knowledge of the facts, the assessment shall become final and
the
amount of the assessment shall be due
and payable from the party
assessed
and payable to the treasurer of state
and remitted to the
tax commissioner. The petition shall indicate
the objections of
the party assessed, but additional objections
may be raised in
writing if received prior to the date shown on
the final
determination by the commissioner.
Unless the petitioner waives a hearing, the commissioner
shall assign a time and place for the hearing on the petition and
notify the petitioner of the time and place of the hearing by
personal service or certified mail, but the commissioner may
continue the hearing from time to time if necessary.
The commissioner may make such correction to the assessment
as the commissioner finds proper. The commissioner shall
serve a
copy of the commissioner's
final determination on the petitioner
by personal service or
certified mail, and the commissioner's
decision in the
matter shall be final,
subject to appeal as
provided in section 5717.02 of the Revised
Code. Only objections
decided on the merits by the board of tax
appeals or a court shall
be given collateral estoppel or res
judicata effect in considering
an application for refund of
amounts paid pursuant to the
assessment.
(C) After an assessment becomes final, if any portion of
the
assessment remains unpaid, including accrued interest, a
certified
copy of the
commissioner's entry making the assessment final may
be filed in
the office of the clerk of the court of common pleas
in the
county in which the place of business of the party assessed
is
located or the county in which the party assessed resides. If
the party assessed maintains no place of business in this state
and is not a resident of this state, the certified copy of the
entry may be filed in the office of the clerk of the court of
common pleas of Franklin county.
The clerk, immediately upon the filing of such entry, shall
enter a judgment for the state against the party assessed in the
amount shown on the entry. The judgment may be filed by the
clerk
in a loose-leaf book entitled "special judgments for state,
county, and transit authority retail sales tax" or, if
appropriate, "special judgments for resort area
excise tax," and
shall have the same effect as
other judgments. Execution shall
issue upon the judgment upon
the request of the tax commissioner,
and all laws applicable to
sales on execution shall apply to sales
made under the judgment
except as otherwise provided in this
chapter.
The portion of the assessment not paid within
sixty days
after the date the assessment was issued shall
bear interest
at
the rate per annum prescribed by section 5703.47 of the
Revised
Code
from the day the tax commissioner issues the assessment
until
the assessment is paid. Interest shall be paid in the
same manner
as the tax and may be collected by issuing an
assessment under
this section.
(D) All money collected by the commissioner under this
section shall be paid to the treasurer of state, and when paid
shall be considered as revenue arising from the taxes imposed by
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.
Sec. 5739.18. On the first business day of each week, each
county auditor
shall make in triplicate a list showing the names
of all vendors licensed in
his
the auditor's county during the
preceding week pursuant to
sections 5739.01 to 5739.31, inclusive,
of the Revised Code, and such
other information as to each,
available from the records in
his
the
auditor's office, as the tax
commissioner prescribes, and shall
immediately certify one of such
lists to the commissioner, one to
the treasurer of state, and one
to the county treasurer. The commissioner
shall keep an
alphabetical index of such licensees so certified to
him
the
commissioner but
he may delete therefrom the names of those
persons whose licenses have been cancelled.
Sec. 5741.10. The tax commissioner shall refund to sellers
the amount of tax levied pursuant to section 5741.02, 5741.021,
5741.022, or 5741.023 of the Revised Code paid on any illegal or
erroneous payment or assessment, where the seller has reimbursed
the consumer. When such payment or assessment was not paid to a
seller, but was paid
by the consumer directly to the treasurer of
state,
or the
treasurer of state's agent,
by the
consumer
commissioner, or the commissioner's agent, the treasurer of state
shall
make refund to the consumer. When such a refund is granted,
it shall include interest thereon as provided
by section
5739.132
of the Revised Code. Applications for refund shall be
filed with
the tax commissioner, on the form prescribed by the
commissioner,
within four years from the date of the illegal or erroneous
payment of the tax except where the vendor or consumer waives the
time limitation under division (C) of section 5741.16 of the
Revised Code, in which case the four-year refund limitation shall
be extended for the same period of time as the waiver. On filing
such application, the commissioner shall determine the amount of
refund due and shall certify such amount to the director of
budget
and management and treasurer of state for payment from the
tax
refund fund created by section 5703.052 of the Revised Code.
Sec. 5741.12. (A) Each seller required by section 5741.17
of the Revised Code to register with the tax commissioner, and
any
seller authorized by the commissioner to collect the tax
imposed
by or pursuant to section 5741.02, 5741.021, 5741.022, or
5741.023
of the Revised Code is subject to the same requirements
and
entitled to the same deductions and discount for prompt
payments
as are vendors under section 5739.12 of the Revised
Code. The
powers and duties of the commissioner and the
treasurer of state
with respect to returns and tax remittances
under this section
shall be identical with those prescribed in
section 5739.12 of the
Revised Code.
(B) Every person storing, using, or consuming tangible
personal property or receiving the benefit of a service, the
storage, use, consumption, or receipt of which is subject to the
tax imposed by or pursuant to section 5741.02, 5741.021,
5741.022,
or 5741.023 of the Revised Code, when such tax was not
paid to a
seller, shall, on or before the twenty-third day of
each month,
file with the
treasurer of state
tax commissioner a return for the
preceding month in such form as is prescribed by the
commissioner,
showing such information as the commissioner deems
necessary, and
shall pay the tax shown on the return to be due.
Remittance shall
be made payable to the treasurer of state.
The commissioner may
require consumers to file returns and pay
the tax at other than
monthly intervals, if
he
the commissioner
determines that such
filing is necessary for the efficient administration of
the tax.
If the commissioner determines that a consumer's tax
liability is
not such as to merit monthly filing, the
commissioner may
authorize the consumer to file returns and pay
tax at less
frequent intervals.
The treasurer of state shall
show on the
return the date it was filed and the amount of the
payment
remitted to the treasurer. Thereafter, the treasurer
immediately
shall transmit all returns filed under this section
to the tax
commissioner.
Any consumer required to file a return and pay the tax
under
this section whose payment for any year indicated in
section
5741.121 of the Revised Code equals or exceeds the amount
shown in
that section shall make each payment required by this
section in
the second ensuing and each succeeding year by means
of electronic
funds transfer as prescribed by section 5741.121 of
the Revised
Code, except as otherwise prescribed by that section.
(C) Every person storing, using, or consuming a motor
vehicle, watercraft, or outboard motor, the ownership of which
must be evidenced by certificate of title, shall file the return
required by this section and pay the tax due at or prior to the
time of filing an application for certificate of title.
Sec. 5743.62. (A) To provide revenue for the general
revenue fund of the state, an excise tax is hereby levied on the
seller of tobacco products in this state at the rate of seventeen
per cent of the wholesale price of the tobacco product whenever
the tobacco product is delivered to a consumer in this state for
the storage, use, or other consumption of such tobacco products.
The tax imposed by this section applies only to sellers having
nexus in this state, as defined in section 5741.01 of the Revised
Code.
(B) A seller of tobacco products who has nexus in this
state
as defined in section 5741.01 of the Revised Code shall
register
with the tax commissioner and supply any information
concerning
his
the seller's contacts with this state as may be
required by
the
tax commissioner. A seller who does not have nexus in this
state
may voluntarily register with the tax commissioner. A
seller who
voluntarily registers with the tax commissioner is
entitled to
the same benefits and is subject to the same duties
and
requirements as a seller required to be registered with the
tax
commissioner under this division.
(C) Each seller of tobacco products subject to the tax
levied by this section, on or before the last day of each month,
shall file with the
treasurer of state
tax commissioner a return
for the preceding
month showing any information the tax
commissioner finds
necessary for the proper administration of
sections 5743.51 to
5743.66 of the Revised Code, together with
remittance of the tax
due. The, payable to the treasurer of state
shall stamp or otherwise mark on the
return the date it was
received and the amount of payment
received with the return.
Thereafter, the treasurer of state
shall immediately transmit all
returns filed under this section
to the commissioner. The return
and payment of the tax required
by this section shall be filed in
such a manner that it is
received by the
treasurer of state
tax
commissioner on or before the last day of
the month following the
reporting period. If the return is filed
and the amount of the
tax shown on the return to be due is paid
on or before the date
the return is required to be filed, the
seller is entitled to a
discount equal to two and five-tenths per
cent of the amount shown
on the return to be due.
(D) The
tax commissioner shall immediately forward to the
treasurer of state all money received
into the state treasury from
the
tax levied by this section, and the treasurer shall
be
credited
credit the amount to the general
revenue fund.
(E) Each seller of tobacco products subject to the tax
levied by this section shall mark on the invoices of tobacco
products sold that the tax levied by that section has been paid
and shall indicate the seller's account number as assigned by the
tax commissioner.
Sec. 5743.63. (A) To provide revenue for the general
revenue fund of the state, an excise tax is hereby levied on the
storage, use, or other consumption of tobacco products at the
rate
of seventeen per cent of the wholesale price of the tobacco
product, provided the tax has not been paid by the seller as
provided in section 5743.62 of the Revised Code, or by the
distributor as provided in section 5743.51 of the Revised Code.
(B) Each person subject to the tax levied by this section,
on or before the last day of each month, shall file with the
treasurer of state
tax commissioner a return for the preceding
month showing any
information the tax commissioner finds necessary
for the proper
administration of sections 5743.51 to 5743.66 of
the Revised
Code, together with remittance of the tax due. The,
payable to the treasurer of
state
shall stamp or otherwise mark on
the return the date it was
received and the amount of payment
received with the return.
Thereafter, the treasurer of state shall
immediately transmit all
returns filed under this section to the
commissioner. The return
and payment of the tax required by this
section shall be filed in
such a manner that it is received by the
treasurer of state
tax commissioner on or
before the last day of
the month following the reporting period.
(C) The
tax commissioner shall immediately forward to the
treasurer of state all money received
into the state treasury from
the
tax levied by this section, and the treasurer shall
be
credited
credit the amount to the general
revenue fund.
Sec. 5745.03. (A) For each taxable year, each taxpayer
shall
file an
annual report with the
treasurer of state
tax
commissioner not later
than the
fifteenth day of the fourth month
after the end of the
taxpayer's
taxable year, and shall remit with
that report the
amount of tax
due as shown on the report less the
amount paid for
the year
under section 5745.04 of the Revised
Code. The
remittance shall
be made in the form prescribed by the
treasurer
of state, including electronic
funds transfer if
tax
commissioner. If the amount
payable with the report
exceeds one
thousand dollars, the taxpayer shall remit the amount by
electronic funds transfer as prescribed by the treasurer of state.
The tax commissioner shall immediately forward to the treasurer of
state all amounts that the tax commissioner receives pursuant to
this chapter. The
treasurer of state shall credit
ninety-eight
and one-half per cent
of such remittances to the
municipal income
tax fund, which is
hereby created in the state
treasury, and
credit the remainder to
the municipal income tax
administrative
fund, which is hereby
created in the state
treasury.
The treasurer
of state shall
indicate on the report the
date it was filed and
the amount
remitted, and immediately shall
transmit the report to
the tax
commissioner.
(B) Any taxpayer that has been granted an extension for
filing a
federal income tax return may request an extension for
filing the
return required under this section by filing with the
tax
commissioner a copy of the taxpayer's request for the federal
filing extension. The request shall be filed not later than the
last day for filing the return as required under division (A) of
this section. If such a request is properly and timely filed, the
tax
commissioner shall extend
the last day for filing the return
required under this section for the same
period for which the
federal filing extension was granted. The tax commissioner may
deny the filing extension request only if the taxpayer fails to
timely file the request, fails to file a copy of the federal
extension request, owes past due taxes, interest, or penalty under
this chapter, or has failed to file a required report or other
document for a prior taxable year. The granting of an extension
under
this section does not extend the last day for paying taxes
without
penalty pursuant to this chapter unless the tax
commissioner
extends the payment date.
(C) The annual report
shall include statements of the
following facts as of the last
day of the taxpayer's taxable year:
(1) The name of the taxpayer;
(2) The name of the state or country under the laws of
which
it is incorporated;
(3) The location of its principal office in this state
and,
in the case of a taxpayer organized under the
laws of another
state, the principal place of business in this
state and the name
and address of the officer or agent of the
taxpayer in charge of
the business conducted in this
state;
(4) The names of the president, secretary, treasurer, and
statutory agent in this state, with the post-office address of
each;
(5) The date on which the taxpayer's taxable year begins and
ends;
(6) The taxpayer's federal taxable income during the
taxpayer's taxable year;
(7) Any other information the tax commissioner requires
for
the proper administration of this chapter.
(D) The tax commissioner may require any reports required
under
this chapter to be filed in an
electronic format.
(E) A municipal corporation may not require a taxpayer
required
to file a report under this section to file a report of
the taxpayer's income,
but a municipal corporation may require a
taxpayer to report to the municipal corporation the value of the
taxpayer's real and tangible personal property situated in the
municipal corporation, compensation paid by the taxpayer to its
employees in the municipal
corporation, and sales made in the
municipal corporation by the taxpayer, to the extent necessary for
the municipal corporation to compute the taxpayer's municipal
property, payroll, and sales factors for the municipal
corporation.
(F) On or before the thirty-first
day of January each year,
each
municipal corporation imposing a tax on income shall certify
to the tax
commissioner the rate of the tax in effect on the first
day of
January of that year. If any municipal corporation
fails
to
certify its income tax rate as required by this division, the
tax
commissioner shall notify the director of budget and
management,
who, upon receiving such notification, shall withhold
from each
payment made to the municipal corporation under section
5745.05 of the Revised Code fifty per
cent of the amount of the
payment
otherwise due the municipal corporation under that section
as computed on the
basis of the tax rate most recently certified
until
the municipal corporation certifies the tax rate in effect
on the first day of
January of that year.
The tax rate used to determine the tax payable to a municipal
corporation
under this section for a taxpayer's taxable year shall
be the tax rate in
effect in a municipal corporation on the first
day of January in that
taxable year. If a taxpayer's taxable year
is for a period less than twelve
months that does not include the
first day of January, the tax rate
used to determine the tax
payable to a municipal corporation under this section
for the
taxpayer's taxable year shall be the tax rate in effect in a
municipal
corporation on the first day of January in the preceding
taxable year.
Sec. 5745.04. (A) As used in this section,
"combined tax
liability" means the total of a taxpayer's income tax liabilities
to all
municipal corporations in this state for a taxable year.
(B) Beginning with its taxable year beginning in 2003, each
taxpayer
shall file a declaration of
estimated tax report with,
and remit estimated taxes to
the tax commissioner,
payable to the
treasurer of
state, at the times
and in the amounts prescribed in
divisions (B)(1) to (4) of this
section. This division also
applies to a taxpayer having a
taxable year
consisting of fewer
than twelve months, at least one
of which is in 2002,
that ends
before January 1, 2003.
(1) Not less than twenty-five per cent of the combined tax
liability
for the preceding taxable year or twenty per cent of the
combined tax liability for the current taxable year shall have
been remitted
not later than the fifteenth day of the fourth month
after the end
of the preceding taxable year.
(2) Not less than fifty per cent of the combined tax
liability
for the preceding taxable year or forty per cent of the
combined
tax liability for the current taxable year shall have
been remitted not
later than the fifteenth day of the sixth month
after the end of
the preceding taxable year.
(3) Not less than seventy-five per cent of the combined tax
liability
for the preceding taxable year or sixty per cent of the
combined tax liability for the current taxable year shall have
been
remitted not later than the fifteenth day of the ninth month
after
the end of the preceding taxable year.
(4) Not less than one hundred per cent of the combined tax
liability
for the preceding taxable year or eighty per cent of the
combined tax liability for the current taxable year shall have
been remitted
not later than the fifteenth day of the twelfth
month after the
end of the preceding taxable year.
(C) Each taxpayer shall report on the declaration of
estimated
tax report the portion of the remittance that the
taxpayer estimates that it
owes to each municipal corporation for
the taxable year.
(D) Upon receiving a declaration of estimated tax report and
remittance of estimated taxes under this section, the
tax
commissioner shall immediately forward to the treasurer of state
such remittance. The treasurer of
state shall
credit ninety-eight
and one-half per cent of the
remittance to the municipal income
tax fund and credit the
remainder to the municipal income tax
administrative fund, and
shall transmit the report to the tax
commissioner.
(E) If any remittance of estimated taxes is for one thousand
dollars or more, the taxpayer shall make the remittance by
electronic
funds transfer as prescribed by section 5745.04 of the
Revised Code.
(F) Notwithstanding section 5745.08 or 5745.09 of the
Revised Code, no
penalty or
interest shall be imposed on a
taxpayer if the declaration of estimated tax
report is properly
filed, and the estimated tax is
remitted
paid,
within the time
prescribed by
division (B) of this section.
Sec. 5747.122. (A) The tax commissioner, in accordance
with
section 5101.184 of the Revised Code, shall cooperate with
the
director of job and family services to collect overpayments of
assistance under Chapter 5107., 5111., or 5115., former Chapter
5113., or
sections
section 5101.54
to 5101.543 of the Revised Code
from refunds of
state income taxes for taxable year 1992 and
thereafter that are
payable to the recipients of such
overpayments.
(B) At the request of the department of job and family
services in
connection with the collection of an overpayment of
assistance
from a refund of state income taxes pursuant to this
section and
section 5101.184 of the Revised Code, the tax
commissioner shall
release to the department the home address and
social security
number of any recipient of assistance whose
overpayment may be
collected from a refund of state income taxes
under those
sections.
(C) In the case of a joint income tax return for two
people
who were not married to each other at the time one of them
received an overpayment of assistance, only the portion of a
refund that is due to the recipient of the overpayment shall be
available for collection of the overpayment under this section
and
section 5101.184 of the Revised Code. The tax commissioner
shall
determine such portion. A recipient's spouse who objects
to the
portion as determined by the commissioner may file a
complaint
with the commissioner within twenty-one days after
receiving
notice of the collection, and the commissioner shall
afford the
spouse an opportunity to be heard on the complaint.
The
commissioner shall waive or extend the twenty-one-day period
if
the recipient's spouse establishes that such action is
necessary
to avoid unjust, unfair, or unreasonable results.
After the
hearing, the commissioner shall make a final
determination of the
portion of the refund available for
collection of the overpayment.
(D) The welfare overpayment intercept fund is hereby
created
in the state treasury. The tax commissioner shall
deposit amounts
collected from income tax refunds under this
section to the credit
of the welfare overpayment intercept fund.
The director of job and
family services shall distribute money in the
fund
in accordance
with appropriate federal or state laws and
procedures regarding
collection of welfare overpayments.
Sec. 5747.221.
For
(A) As used in this section,
"investment
pass-through entity" has the same meaning as in
section 5733.401
of the Revised Code.
(B) Except as provided in division (C) of this section, for
the purposes of sections 5747.20,
5747.21, and
5747.22 of the
Revised Code, no item of income or
deduction shall
be allocated or
apportioned to this state to the
extent that such item
represents
or relates to the portion of an
adjusted qualifying amount for
which the
withholding tax is not
imposed under section 5747.41 of
the Revised Code by reason of
division (C) of section 5733.401 of
the Revised Code. This
section shall be applied without regard to
division (I) of section
5733.40 of the Revised Code.
(C) If a taxpayer has a direct or indirect investment in an
investment pass-through entity that has a direct or indirect
investment in any other pass-through entity, division (B) of this
section does not apply to any item of income, gain, deduction, or
loss where, under section 5747.231 of the Revised Code, the item
is directly or indirectly attributable to either of the following:
(1) A distributive share of income or gain from a
pass-through entity that does not qualify as an investment
pass-through entity;
(2) A pass-through entity's income or gain to which
division (C) of section 5733.401 of the Revised Code does not
apply.
An indirect investment includes any interest that a person
constructively owns on account of the attribution rules set forth
in section 267, 318, or 1563 of the Internal Revenue Code.
Sec. 5747.39. As used in this section,
"eligible employee"
and
"eligible training costs" have the same meanings as in section
5733.42
of the Revised Code, and
"pass-through entity" includes a
sole
proprietorship.
For taxable years beginning after December 31,
2000
2002,
there is
hereby allowed a nonrefundable credit against the tax
imposed by
section 5747.02 of the Revised Code for a taxpayer that
is an
investor in a
pass-through
entity for which a tax credit
certificate is issued under section 5733.42
of the Revised Code.
The amount
of eligible training costs for which a credit may be
claimed by all taxpayers
that are investors in an entity shall
equal one-half of the average of the
eligible training costs
incurred by the entity during the three
calendar
years that end
year period that ends in
the taxable year for which the credit is
claimed,
but shall not
exceed one
thousand dollars for each
eligible employee on account
of whom such costs were paid or
incurred by the
entity, and the
total amount of credits that may
be claimed by all such
taxpayers
shall not exceed one hundred
thousand dollars each year. Each
taxpayer's credit shall be
claimed for the taxpayer's taxable year
that
includes the last day
of the third calendar year of the
three-year period
during which
eligible training costs are paid or
incurred by the entity. The
credit may be claimed for
eligible
training costs paid or incurred
on
or before December 31,
2003
2005.
The
If a pass-through entity, on or before June 30, 2001, had
properly filed an application for the credit on the basis of
eligible training costs paid or incurred in calendar year 1999,
2000, or 2001 as provided in division (C) of section 5733.42 of
the Revised Code, the director of job and family services may
authorize a credit for the eligible training costs for which the
application was filed subject to the limitations and requirements
of this section and section 5733.42 of the Revised Code, but the
tax credit certificate may be applied only to a taxpayer's tax
liability for the taxpayer's taxable year beginning in 2003. The
credit claimed by such a taxpayer shall be computed in the manner
prescribed by this section; is subject to the limitations of this
section on the amount of the credit for each eligible employee and
for all taxpayers with respect to the same entity each year; and
shall be in addition to any credit claimed by the taxpayer under
this section for the taxpayer's taxable year beginning in 2003.
For the purpose of the limitation on the amount of the credit that
may be claimed by all taxpayers with respect to the same entity
for a taxable year beginning in 2003, tax credit certificates
issued pursuant to applications filed before June 30, 2001, shall
not be considered as being claimed for that taxable year.
The amount of a taxpayer's credit shall equal the taxpayer's
interest in the entity on the last day of the third calendar year
of the three-year period ending in or with the last day of the
taxpayer's taxable year, multiplied by the credit available to the
entity as computed by the entity.
The credit shall be claimed in the order prescribed by
section 5747.98
of the Revised Code. A taxpayer may carry forward
the credit to the
extent that the taxpayer's credit exceeds the
taxpayer's tax due after allowing for any other credits that
precede the credit allowed by this section in the order prescribed
by section 5747.98 of the Revised Code. The taxpayer may carry
the excess credit forward for three taxable years following the
taxable
year for which the taxpayer first claims the credit under
this section.
A pass-through entity shall apply to the director of job and
family
services
for a tax credit certificate in the manner
prescribed by
division (C) of section 5733.42 of the Revised Code.
Divisions
(C) to (H) of that section
govern the tax credit allowed
by this section, except that
"taxable year"
shall be substituted
for
"tax year" wherever that phrase appears in
those divisions,
and
that
"pass-through entity" shall be substituted for
"taxpayer"
wherever
"taxpayer" appears in those divisions.
Sec. 5749.06. Each severer liable for the tax imposed by
section 5749.02 of
the Revised Code shall make and file returns
with the tax commissioner in the prescribed form and as of
the
prescribed times, computing and reflecting therein the tax as
required by
this chapter.
The returns shall be filed for every quarterly period,
which
periods shall end on the thirty-first of March, the
thirtieth day
of June, the thirtieth day of September, and the
thirty-first day
of December of each year, as required by this
section, unless a
different return period is prescribed for a
taxpayer by the tax
commissioner.
A separate return shall be filed for each calendar
quarterly
period, or other period, or any part thereof, during
which the
severer holds a license as provided by section 5749.04
of the
Revised Code, or is required to hold such license, and
such return
shall be filed within forty-five days after the last
day of each
such calendar month, or other period, or any part
thereof, for
which such return is required and shall include
remittance payable
to the treasurer of state of the amount of tax
due. All such
returns shall contain such information as the
commissioner may
require to fairly administer the tax.
All returns shall be signed by the severer, shall contain
the
full and complete information requested, and shall be made
under
penalty of perjury.
If the commissioner believes that quarterly payments of tax
would result in a delay which might jeopardize the collection of
such tax payments, the commissioner may order that such
payments
be made weekly, or more frequently if necessary, such payments to
be
made not later than seven days following the close of the
period for
which the jeopardy payment is required. Such an order
shall be
delivered to the taxpayer personally or by certified mail
and
shall remain in effect until the commissioner notifies the
taxpayer to the contrary.
Upon good cause the commissioner may extend the period for
filing any notice or return required to be filed under this
section, and may remit all or a part of penalties that may become
due under
this chapter.
Any tax not paid by the day the tax is due shall bear
interest computed at
the rate per annum prescribed by section
5703.47 of the Revised
Code on that amount of tax due from the day
that such
amount was originally required to be paid to the day of
actual payment or to the day an assessment was issued under
section 5749.07 or
5749.10 of the
Revised Code, whichever occurs
first.
The severer shall make all payments payable to the treasurer
of state. All amounts that the tax commissioner receives under
this section shall be deemed to be revenue from taxes imposed
under this chapter. The tax commissioner shall immediately forward
to the treasurer of state all amounts received under this
section.
Sec. 6101.25. The board of directors of a conservancy
district may construct, improve, operate, maintain, and protect
parks, parkways, forest preserves, bathing beaches, playgrounds,
and other recreational facilities upon the lands owned or
controlled by the district, or upon lands located within the
district owned or controlled by the United States government or
any department of it, by this state
or any department or
division
of it, or by any political subdivision, if
authorized
by lease,
contract, or other arrangements with the appropriate
agency of
government having ownership or control. The board may
acquire by
lease, purchase, or appropriation property additional
to that
required for the purposes for which the district was
incorporated,
in order to provide for the protection, more
adequate development,
and fuller public use and enjoyment of
the improvements and
facilities. The board may impose and collect
charges for the use
of the properties, improvements, and
facilities maintained or
operated by the district for
recreational purposes. Moneys
collected from these charges may be used to
promote the district's
recreational facilities.
In case the revenues derived or to be derived from the
properties, improvements, and facilities maintained, operated,
used, or acquired by the district for recreational purposes are
not sufficient for the purposes of this section, the board, with
the approval of the court, may provide for the payment of
obligations incurred under this section by
the levy of special
assessments upon
all the taxable property of the district and upon
public
corporations having lands within the
district.
In no case shall the obligations incurred under this
section
be paid from the proceeds
of special assessments levied under
section 6101.48 or 6101.53 of
the Revised Code, or of bonds or
notes issued in anticipation
of them. After
special assessments
against the
taxable property and public corporations are
approved
by the court, the
board of appraisers of the conservancy
district
shall appraise the
benefits to be conferred on each
parcel of
taxable property and
public corporation by reason
of
the
acquisition and construction of the properties and
improvements
authorized by the board of directors under this
section, and shall
appraise the damages accruing to persons and
public corporations
from the improvements.
The provisions of this
chapter that refer
to
the determination of benefits and damages
apply to the
appraisals made under this section, but they shall be
separate
from other
appraisals of benefits and damages made under
this
chapter, and separate records of them shall be prepared.
After the
appraisal
of benefits has been approved by the court,
and within
the amount
of benefits so determined, the board of
directors may
levy
assessments on the
taxable property and public corporations
benefited to pay the cost
of the properties and improvements
acquired and constructed under
this section, and may issue bonds
and notes in anticipation of
the collection of these assessments.
In addition, the
board of
directors may annually levy a
maintenance assessment for the
purposes of this section on the
taxable property and public corporations upon the
basis of total
appraised benefits.
The provisions of this chapter
that relate to
assessments for
district purposes and to bonds and notes issued in
anticipation
of
the assessments apply to the assessments
authorized
under this
section
and the bonds and notes issued in
anticipation of the
assessments. Improvement, bond retirement,
and maintenance funds
shall be established for recreational
purposes in conformity with
section 6101.44 of the Revised Code,
which shall be separate from
one another and from other funds of
the district, and no
transfers
shall be made to them from the
other funds of the
district. The
proceeds of all bonds, notes,
and assessments authorized
by this
section and all receipts
derived from the recreational
properties,
improvements, and
facilities owned, controlled,
operated, or
maintained by the
district shall be paid into
those funds, and all
expenditures in
accordance with this section shall
be made from
them.
Sec. 6109.21. (A) Except as provided in divisions (D)
and
(E) of this section, on and after January 1, 1994, no person
shall
operate or maintain a public water system in this state
without a
license issued by the director of environmental
protection. A
person who operates or maintains a public water
system on January
1, 1994, shall obtain an initial license under
this section in
accordance with the following schedule:
(1) If the public water system is a community water
system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public
water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section
shall
be renewed annually. Such a license or license renewal
shall
expire on the thirtieth day of January in the year
following its
issuance. A license holder that proposes to
continue operating
the public water system for which the license
or license renewal
was issued shall apply for a license renewal
at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this
section.
Through June 30,
2002
2004, each application shall
be accompanied
by the appropriate fee established under division
(M) of section
3745.11 of the Revised Code, provided that an
applicant for an
initial license who is proposing to operate or
maintain a new
public water system after January 1, 1994, shall
submit a fee that
equals a prorated amount of the appropriate fee
established under
that division for the remainder of the
licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial
license
under division (A) of this section, the director shall
issue the
license for the public water system. Not later than
thirty days
after receiving a completed application and the
appropriate
license fee for a license renewal under division (A)
of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and
conditions that the director determines are necessary to ensure
compliance with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public
water system was not operated in substantial compliance
with this
chapter and rules adopted under it.
(C) The director may suspend or revoke a license or
license
renewal issued under this section if the director finds that
the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with
Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section,
"church"
means a fellowship of believers, congregation, society,
corporation,
convention, or association that is formed primarily
or exclusively for
religious purposes and that is not formed or
operated for the private profit
of any person.
(2) This section does not apply to a church that operates or
maintains a
public water system solely to provide water for that
church or for a
campground that is owned by the church and
operated primarily or exclusively
for members of the church and
their families. A church that,
on or before March 5, 1996, has
obtained a license
under this section for such a public water
system need not obtain a license
renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that
operates or maintains a public water system solely
to provide water for that
school.
Sec. 6111.035. (A) The director of environmental
protection, consistent with the Federal Water Pollution Control
Act and the regulations adopted thereunder, without application
therefor, may issue, modify, revoke, or terminate a general
permit
under this chapter for both of the following:
(1) Discharge of stormwater; the discharge of liquids,
sediments, solids, or water-borne mining related waste, such as,
but not limited to, acids, metallic cations, or their salts, from
coal mining and reclamation operations as defined in section
1513.01 of the Revised Code; or treatment works whose discharge
would have de minimis impact on the waters of the state receiving
the discharge;
(2) Installation or modification of disposal systems or
any
parts thereof, including disposal systems for stormwater or
for
coal mining and reclamation operations as defined in section
1513.01 of the Revised Code.
A general permit shall apply to a class or category of
discharges or disposal systems or to persons conducting similar
activities, within any area of the state, including the entire
state.
A general permit shall not be issued unless the director
determines that the discharges authorized by the permit will have
only minimal cumulative adverse effects on the environment when
the discharges are considered collectively and individually and
if, in the opinion of the director, the discharges,
installations,
or modifications authorized by the permit are more
appropriately
authorized by a general permit than by an
individual permit.
A general permit shall be issued subject to applicable
mandatory provisions and may be issued subject to any applicable
permissive provision of the Federal Water Pollution Control Act
and the regulations adopted thereunder.
The director, at the director's discretion, may require any
person
authorized to discharge or to install or modify a disposal
system
under a general permit to apply for and obtain an
individual
permit for the discharge, installation, or
modification. When a
particular discharge, installation, or
modification is subject to
an individual permit, a general permit
shall not apply to that
discharge, installation, or modification
until the individual
permit is revoked, terminated, or modified to
exclude the
discharge, installation, or modification.
(B) Notwithstanding any requirement under Chapter 119. of
the Revised Code concerning the manner in which notice of a
permit
action is provided, the director shall not be required to
provide
certified mail notice to persons subject to the issuance,
modification, revocation, or termination of a general permit
under
division (A) of this section.
Notwithstanding section 3745.07 of the Revised Code
concerning the location of newspapers in which notices of
permit
actions are published, the director shall cause notice of the
issuance, modification, revocation, or termination of a general
permit to be published in the newspapers of general circulation
determined by the director to provide reasonable notice to
persons
affected by the permit action in the geographic area
covered by
the general permit within the time periods prescribed
by section
3745.07 of the Revised Code. Any notice under this
section or
section 3745.07 of the Revised Code concerning the
issuance,
modification, revocation, or termination of a general
permit shall
include
a summary of the permit action and instructions on how to
obtain a copy of the full text of the permit action. The
director
may take
other appropriate measures, such as press
releases and
notice to
trade journals, associations, and other
persons known to
the
director to desire notification, in order to
provide notice of
the director's actions concerning the
issuance,
modification,
revocation, or termination of a general permit;
however, the
failure to provide such notice shall not invalidate
any general
permit.
(C) Notwithstanding any other provision of the Revised
Code,
a person subject to the proposed issuance, modification,
revocation, or termination of a general permit under division (A)
of this section may request an adjudication hearing pursuant to
section 119.07 of the Revised Code concerning the proposed action
within thirty days after publication of the notice of the
proposed
action in newspapers of general circulation pursuant to
division
(B) of this section. This division shall not be
interpreted to
affect the authority of the director to take
actions on general
permits in forms other than proposed general
permits.
(D) The director may exercise all incidental powers
required
to carry out this section, including, without
limitation, the
adoption, amendment, and rescission of rules to
implement a
general permit program for classes or categories of
dischargers or
disposal systems.
(E) On and after the date on which the United States
environmental
protection agency approves the NPDES program
submitted by the
director of agriculture under section 903.08 of
the Revised
Code, this section does not apply to storm water from
an animal
feeding facility, as
defined in section 903.01 of the
Revised Code, or to manure,
as defined in
that section.
(F) As used in this section,
"Federal Water Pollution
Control Act" means the
"Federal Water Pollution Control Act
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended
by
the
"Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A.
1251,
the
"Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A.
1254,
the
"Municipal Wastewater Treatment Construction Grant
Amendments
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the
"Water Quality
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.
Sec. 6111.044. Upon receipt of an application for an
injection well drilling permit, an injection well operating
permit, a renewal of an injection well operating permit, or a
modification of an injection well drilling permit, operating
permit, or renewal of an operating permit, the director of
environmental protection shall determine whether the application
is complete and demonstrates that the activities for which the
permit, renewal permit, or modification is requested will comply
with the Federal Water Pollution Control Act and regulations
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted
under it; and this chapter and the rules adopted under it. If
the
application demonstrates that the proposed activities will
not
comply or will pose an unreasonable risk of inducing seismic
activity, inducing geologic fracturing, or contamination of an
underground source of drinking water, the director shall deny
the
application. If the application does not make the required
demonstrations, the director shall return it to the applicant
with
an
indication of those matters about which a required
demonstration
was not made. If the director determines that the
application makes the
required demonstrations, the director shall
transmit copies
of the application and all of the accompanying
maps, data, samples, and
information to the chief of the division
of mineral
resources management, the
chief of the division of
geological survey, and the chief of the
division of water
in the
department of natural resources.
The chief of the division of geological survey shall
comment
upon the application if the chief determines that the
proposed
well or injection will present an unreasonable risk of loss or
damage to valuable mineral resources. If the chief submits
comments on the application, those comments shall be accompanied
by an evaluation of the geological factors upon which the
comments
are based, including fractures, faults, earthquake
potential, and
the porosity and permeability of the injection
zone and confining
zone, and by the documentation supporting the
evaluation. The
director shall take into consideration the
chief's comments, and
the accompanying evaluation of geologic
factors and supporting
documentation, when considering the
application. The director
shall provide written notice to the
chief of the director's
decision on the application and, if
the chief's
comments are not
included in the permit, renewal permit, or
modification, of the
director's rationale for not including them.
The chief of the division of mineral resources
management
shall comment upon
the application if the chief determines that
the proposed
well or injection will present an unreasonable risk
that waste or
contamination of recoverable oil or gas in the earth
will occur.
If the chief submits comments on the application,
those comments
shall be accompanied by an evaluation of the oil or
gas reserves
that, in the best professional judgment of the chief,
are
recoverable and will be adversely affected by the proposed
well
or injection, and by the documentation supporting the
evaluation.
The director shall take into consideration the
chief's comments,
and the accompanying evaluation and supporting
documentation,
when considering the application. The director
shall provide
written notice to the chief of the director's
decision on
the application
and, if the chief's comments are not
included in the permit,
renewal permit, or modification, of the
director's rationale for
not including them.
The chief of the division of water shall assist the
director
in determining whether all underground sources of
drinking water
in the area of review of the proposed well or
injection have been
identified and correctly delineated in the
application. If the
application fails to identify or correctly
delineate an
underground source of drinking water, the
chief shall provide
written notice of that fact to the director.
The chief of the division of mineral resources
management
also shall review the
application as follows:
If the application concerns the drilling or conversion of a
well or the injection into a well that is not or is not to
be
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mineral resources
management
shall note upon the
application that it has been
examined by the division of mineral resources
management,
retain a
copy of the application and map, and immediately return
a copy of
the application to the director.
If the application concerns the drilling or conversion of a
well or the injection into a well that is or is to be
located
within five thousand feet, but more than five hundred feet from
the surface excavations and workings of a mine, the chief of the
division of mineral resources management
immediately shall notify
the owner or lessee of
the mine that the application has been
filed and send to the
owner or lessee a copy of the map
accompanying the application
setting forth the location of the
well. The chief of the
division of mineral resources management
shall note on the application that the
notice
has been sent to the
owner or lessee of the mine, retain a copy
of the application and
map, and immediately return a copy of the
application to the
director with the chief's notation
on it.
If the application concerns the drilling or conversion of a
well or the injection into a well that is or is to be
located
within five thousand feet of the underground excavations and
workings of a mine or within five hundred feet of the surface
excavations and workings of a mine,
the chief of the division of
mineral resources
management immediately
shall notify the owner or
lessee of the mine
that the application has been filed and send to
the owner or
lessee a copy of the map accompanying the application
setting
forth the location of the well. If the owner or lessee
objects
to the application, the owner or lessee shall notify the
chief of the division of mineral resources management of the
objection,
giving
the reasons, within six
days after the receipt
of the notice. If the chief of the
division of mineral resources
management
receives no
objections from the owner or lessee
of the
mine within ten days after the receipt of the notice by
the owner
or lessee, or if in the opinion of the chief of the
division of
mineral resources management the objections offered by the
owner
or
lessee are not sufficiently well-founded, the chief shall
retain a
copy of the
application and map and return a copy of the
application to the
director with any applicable notes concerning
it.
If the chief of the division of mineral resources management
receives an
objection
from the owner or lessee of the mine as to
the application,
within ten days after receipt of the notice by
the owner or
lessee, and if in the opinion of the chief the
objection is
well-founded, the chief shall disapprove the
application and
immediately return it to the director together
with the chief's reasons
for the disapproval. The director
promptly shall notify the
applicant for the permit, renewal
permit, or modification of the
disapproval. The applicant may
appeal the disapproval of the
application by the chief of the
division of mineral resources management
to the
mine examining
board
reclamation commission created under section
1561.10
1513.05
of the Revised
Code, and the
board
commission shall hear the
appeal in accordance with section
1561.53
1513.13 of the Revised
Code. The appeal shall be filed within thirty days
from the date
the applicant receives notice of the disapproval. No comments
concerning or disapproval of an application shall be delayed by
the chief of the division of mineral resources management for more
than
fifteen days
from the date of sending of notice to the mine
owner or lessee as
required by this section.
The director shall not approve an application for an
injection well drilling permit, an injection well operating
permit, a renewal of an injection well operating permit, or a
modification of an injection well drilling permit, operating
permit, or renewal of an operating permit for a well that
is or is
to be located within three hundred feet of any opening of any
mine
used as a means of ingress, egress, or ventilation for
persons
employed in the mine, nor within one hundred
feet of any building
or flammable structure connected with
the mine and actually used
as a part of the operating equipment of the
mine, unless the chief
of the division of mineral resources management
determines
that
life or property will not be endangered by drilling and operating
the
well in that location.
Upon review by the chief of the division of mineral
resources
management, the chief of the division of geological survey, and
the chief of
the division of water, and if the chief
of the
division of mineral resources
management
has not disapproved the
application, the director shall issue a
permit, renewal permit, or
modification with any terms and
conditions that may be necessary
to comply with the
Federal Water
Pollution Control Act and
regulations adopted under it; the
"Safe Drinking Water Act," 88
Stat. 1661 (1974), 42 U.S.C.A.
300(f) as amended, and regulations
adopted under it; and this
chapter and the rules adopted under it.
The director shall not
issue a permit, renewal permit, or
modification to an applicant
if the applicant or persons
associated with the applicant have
engaged in or are engaging in a
substantial violation of this
chapter that is endangering or may
endanger human health or the
environment or if, in the case of an
applicant for an injection
well drilling permit, the applicant, at
the time of applying for
the permit, did not hold an injection
well operating permit or
renewal of an injection well drilling
permit and failed to
demonstrate sufficient expertise and
competency to operate the
well in compliance with the applicable
provisions of this
chapter.
If the director receives a disapproval from the chief of
the
division of mineral resources
management regarding an application
for an injection
well drilling or operating permit, renewal
permit, or
modification, if required, the director shall issue an
order
denying the application.
The director need not issue a proposed action under section
3745.07 of the Revised Code or hold an adjudication hearing under
that section and Chapter 119. of the Revised Code before issuing
or denying a permit, renewal permit, or modification of a permit
or renewal permit. Before issuing or renewing a permit to drill
or operate a class I injection well or a modification of
it, the
director shall propose the permit, renewal permit, or
modification
in draft form and shall hold a public hearing to
receive public
comment on the draft permit, renewal permit, or
modification. At
least fifteen days before the public hearing on
a draft permit,
renewal permit, or modification, the director
shall publish notice
of the date, time, and location of the
public hearing in at least
one newspaper of general circulation
serving the area where the
well is or is to be located. The
proposing of such a draft
permit, renewal permit, or modification
does not constitute the
issuance of a proposed action under
section 3745.07 of the Revised
Code, and the holding of the
public hearing on such a draft
permit, renewal permit, or
modification does not constitute the
holding of an adjudication
hearing under that section and Chapter
119. of the Revised Code.
Appeals of orders other than orders of
the
chief of the division of mineral resources management shall be
taken
under sections
3745.04 to 3745.08 of the
Revised Code.
The director may order that an injection well drilling
permit
or an injection well operating permit or renewal permit be
suspended and that activities under it cease after determining
that those activities are occurring in violation of
law, rule,
order, or term or condition of the permit. Upon service of a
copy
of the order upon the permit holder or the permit
holder's
authorized agent
or assignee, the permit and activities under it
shall
be suspended immediately without prior hearing and
shall
remain
suspended until the violation is corrected and the order of
suspension is lifted. If a violation is the second within a
one-year period, the director, after a hearing, may revoke the
permit.
The director may order that an injection well drilling
permit
or an injection well operating permit or renewal permit be
suspended and that activities under it cease if
the director has
reasonable cause to believe that the permit would not have been
issued if the information available at the time of suspension had
been available at the time a determination was made by one of the
agencies acting under authority of this section. Upon service of
a copy of the order upon the permit holder or the permit
holder's
authorized agent
or assignee, the permit and activities under it
shall
be suspended immediately without prior hearing, but
a permit
may not
be suspended for that reason without prior hearing unless
immediate suspension is necessary to prevent waste or
contamination of oil or gas, comply with the Federal Water
Pollution Control Act and regulations adopted under it; the
"Safe
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A.
300(f), as
amended, and regulations adopted under it; and this
chapter and
the rules adopted under it, or prevent damage to
valuable mineral
resources, prevent contamination of an
underground source of
drinking water, or prevent danger to human
life or health. If
after a hearing the director determines that
the permit would not
have been issued if the information
available at the time of the
hearing had been available at the
time a determination was made by
one of the agencies acting under
authority of this section, the
director shall revoke the
permit.
When a permit has been revoked, the permit holder or other
person responsible for it immediately
shall plug the well in the
manner required by the director.
The director may issue orders to prevent or require
cessation
of violations of this section, section 6111.043,
6111.045,
6111.046, or 6111.047 of the Revised Code, rules
adopted under any
of those sections, and terms or
conditions of permits issued
under
any of them. The orders may
require the elimination of
conditions
caused by the violation.
Section 2. That existing sections
9.06, 9.821, 9.822,
101.15, 101.27, 101.30, 101.34, 101.37, 101.72, 101.73,
102.02,
102.03, 102.031, 102.06, 103.143, 105.41,
111.16, 111.18,
111.23,
111.25, 118.08, 119.12,
120.06,
120.16, 120.26,
120.33, 121.04,
121.371,
121.40, 121.63, 122.011, 122.71, 122.76,
122.92,
124.24, 124.82,
125.22,
126.11,
126.21, 127.16, 131.01, 133.021,
133.06,
133.07,
140.01, 151.04, 166.03,
169.01, 173.40,
173.46,
173.47, 175.03, 175.21, 175.22, 175.24, 179.02, 179.03,
179.04,
181.51, 181.52,
181.54, 181.55, 181.56, 183.09, 183.10, 183.17,
183.28, 183.30,
301.27, 313.091, 325.071, 329.042, 349.01,
503.162,
504.03, 504.04, 505.24,
507.09, 901.43, 901.63, 901.81,
901.82,
917.07, 917.99, 1309.40,
1309.401, 1309.402, 1309.42,
1329.01,
1329.04, 1329.06, 1329.07,
1329.42,
1329.421, 1329.45,
1329.56,
1329.58, 1329.60, 1329.601,
1345.21, 1501.01,
1501.04,
1501.23, 1501.40,
1503.011,
1507.01,
1509.06, 1509.071, 1509.08,
1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1521.04,
1531.35, 1533.13, 1547.67, 1561.05,
1561.07, 1561.11, 1561.12,
1561.13, 1561.14, 1561.15, 1561.16,
1561.17, 1561.18, 1561.19,
1561.20, 1561.21, 1561.22, 1561.23, 1561.26, 1561.35, 1561.351,
1561.46, 1561.51,
1561.52, 1563.13, 1565.04, 1565.06, 1565.07,
1565.08, 1565.25, 1701.05,
1701.07,
1701.81,
1702.05, 1702.06,
1702.43, 1702.59, 1703.04,
1703.041,
1703.15,
1703.17,
1703.27,
1703.31, 1705.05, 1705.06,
1705.38,
1705.55,
1746.04, 1746.06,
1746.15, 1747.03, 1747.04,
1747.10,
1775.63,
1775.64, 1782.04,
1782.08,
1782.09, 1782.433,
1785.06,
1901.26,
1907.24, 2303.201,
2317.02, 2317.022,
2329.66,
2715.041,
2715.045, 2716.13, 2921.13,
2953.21,
3109.14,
3109.17, 3119.022, 3301.075,
3301.70, 3301.80,
3301.85, 3307.05, 3311.057, 3313.37, 3313.41, 3313.603,
3313.64,
3314.07, 3314.08, 3314.09, 3316.20, 3317.01, 3317.012, 3317.013,
3317.014,
3317.02, 3317.021, 3317.022, 3317.023, 3317.024,
3317.029,
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,
3317.051, 3317.06, 3317.064,
3317.11, 3317.13, 3317.16,
3317.161,
3317.162, 3317.19, 3317.20,
3318.01, 3318.04, 3318.08,
3318.084, 3318.10, 3318.31,
3318.36,
3319.19, 3321.01, 3323.09,
3323.091, 3327.10, 3333.02, 3333.03,
3333.043,
3333.12, 3333.13,
3333.21, 3333.22, 3345.19, 3353.09, 3383.01,
3383.02, 3383.04,
3383.07,
3505.063, 3517.092, 3701.142, 3702.68, 3704.034, 3721.07,
3721.12,
3721.16, 3721.17, 3721.51, 3721.56,
3734.57,
3734.82,
3734.901,
3734.904, 3735.27, 3745.014, 3745.04,
3745.11, 3745.22,
3748.07, 3748.13, 3750.02, 3750.13,
3769.08, 3769.085, 3769.20,
3770.06, 3793.04, 3902.23,
3923.28,
3923.30,
4105.17, 4115.10,
4121.44,
4123.27, 4301.12, 4301.17, 4301.422, 4301.43,
4303.33,
4303.331, 4503.10, 4503.102, 4503.12, 4503.182, 4504.05,
4505.061,
4506.08, 4507.23, 4507.24, 4507.50, 4507.52, 4511.81, 4519.03,
4519.10, 4519.56, 4519.69, 4701.10, 4701.16,
4707.01,
4707.011,
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07,
4707.071,
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111,
4707.12,
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20,
4707.21,
4707.23, 4707.99, 4713.10,
4715.03,
4715.13,
4715.14,
4715.16,
4715.21, 4715.24,
4715.27, 4717.02,
4717.07,
4717.08,
4717.09,
4723.08, 4723.32, 4723.79, 4725.44, 4725.48, 4725.49, 4729.65,
4731.14, 4731.53,
4734.20, 4736.12,
4736.14,
4743.05,
4755.01,
4761.05, 4775.01, 4775.02, 4775.08,
4775.99,
4779.01, 4779.02,
4779.16, 4779.19, 4779.20, 4779.26, 4911.02, 4911.17, 5101.071,
5101.14,
5101.141,
5101.145, 5101.184, 5101.19, 5101.36,
5101.521,
5101.54, 5101.80,
5101.83, 5101.85, 5101.853, 5101.854,
5103.031,
5103.033, 5103.036,
5103.0312, 5103.0313, 5103.0314, 5103.0316,
5103.07,
5107.02, 5107.10, 5107.14, 5107.18,
5108.01, 5108.06,
5108.07,
5108.08, 5108.09, 5108.10, 5111.01,
5111.041,
5111.17,
5111.25,
5111.251, 5111.262,
5111.28,
5111.29, 5111.87, 5119.01,
5119.06,
5119.61,
5120.10, 5122.31, 5123.01, 5123.041, 5123.60,
5123.71, 5123.76, 5126.01, 5126.042,
5126.05, 5126.051, 5126.12,
5126.18, 5126.357, 5126.431,
5139.01,
5139.11, 5139.29,
5139.31,
5153.165,
5153.60, 5153.69, 5153.78, 5703.17, 5703.49,
5705.091,
5705.19, 5705.41, 5705.44, 5709.17, 5721.30, 5725.31, 5727.25,
5727.26,
5727.81,
5727.811,
5727.82, 5727.84, 5727.85, 5728.08,
5729.07, 5731.21,
5733.02, 5733.021, 5733.053, 5733.056, 5733.06,
5733.12,
5733.122, 5733.18,
5733.401,
5733.42, 5735.06,
5735.061, 5739.01,
5739.02,
5739.024, 5739.032,
5739.07,
5739.102, 5739.12,
5739.121, 5739.13, 5739.18, 5741.10,
5741.12,
5743.62, 5743.63,
5745.03, 5745.04, 5747.122,
5747.221, 5747.39,
5749.06, 6101.25,
6109.21,
6111.035, and 6111.044 and
sections
9.832, 103.31,
103.32,
105.45, 105.46, 121.51,
121.52, 121.53,
131.41,
166.032,
307.031, 1329.68, 1503.35,
1503.351, 1507.12,
1553.01, 1553.02,
1553.03, 1553.04, 1553.05, 1553.06, 1553.07,
1553.08, 1553.09,
1553.10, 1553.99, 1561.10, 1561.53, 1561.54,
1561.55, 2151.652,
3317.0215, 3324.01, 3324.02, 3324.03, 3324.04,
3324.05, 3324.06,
3324.07, 3701.88, 3702.17, 3729.01,
3729.02,
3729.03,
3729.05,
3729.10, 3729.11, 3729.12, 3729.14,
3729.15,
3729.16,
3729.17,
3729.18, 3729.21, 3729.22, 3729.23,
3729.24,
3729.26,
3729.29,
3729.36, 3729.40, 3729.41, 3729.43,
3729.45,
3729.46,
3729.55,
3729.61, 3729.99, 5101.143, 5101.52,
5101.541,
5101.542,
5101.543,
5101.851, 5101.852,
5111.341, 5111.88,
5126.054, 5139.28, and
5741.18 of the
Revised Code are hereby
repealed.
Section 3. That the versions of sections 5139.29, 5139.31,
and 5705.19
of the Revised Code that are scheduled to take effect
January 1,
2002, be amended to read as follows:
Sec. 5139.29. The department of youth services shall adopt
and
promulgate
regulations prescribing the method of calculating
the amount of
and the time
and manner for the payment of financial
assistance granted under
sections
5139.27,
and 5139.271, and
5139.28
of the Revised Code, for the
construction or
acquisition
of a
district detention facility established under
section 2152.41
of
the
Revised Code, or for the construction and maintenance of a
school,
forestry
camp, or other facility established under section
2151.65
of the
Revised Code.
Sec. 5139.31. The department of youth services may inspect
any school, forestry camp, district detention facility, or
other
facility for which an application for financial assistance has
been made to the department under section
2152.43,
or
2151.651,
or
2151.652 of the Revised Code or for which financial
assistance
has
been granted by the department under section
5139.27,
5139.271,
5139.28, or 5139.281 of the Revised Code. The
inspection may
include, but need not be limited to, examination
and evaluation of
the physical condition of the school, forestry
camp, district
detention facility, or other facility,
including
any
equipment
used in connection with it; observation and
evaluation
of the
training and treatment of children admitted to
it;
examination and
analysis and copying of any papers, records,
or
other documents
relating to the qualifications of personnel,
the
commitment of
children to it, and its administration.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to
the board of elections not less than seventy-five days before
the
election upon which it will be voted that the amount of taxes
that
may be raised within the ten-mill limitation will be
insufficient
to provide for the necessary requirements of the
subdivision and
that it is necessary to levy a tax in excess of
that limitation
for any of the following purposes:
(A) For current expenses of the subdivision, except that
the
total levy for current expenses of a detention facility
district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections
2152.41
and 2151.65 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over
the limitation of one mill prescribed in section 3349.13 of
the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
firefighting
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34
of
the Revised Code, or the purchase of ambulance
equipment, or
the provision of ambulance, paramedic, or other emergency
medical
services
operated by a fire department or firefighting
company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, and other equipment used directly in
the
operation of a police department, or the payment of salaries
of
permanent police personnel, including the payment of the
police
officer employers' contribution
required under section 742.33
of
the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or the
provision of ambulance or emergency medical services operated by a
police
department;
(K) For the maintenance and operation of a county home or
detention
facility;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry
camps,
or
other facilities, or any combination thereof, established under
section 2152.41 or 2151.65 of the Revised Code or both
of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and
facilities;
(Q) For the purpose of purchasing, acquiring,
constructing,
enlarging, improving, equipping, repairing,
maintaining, or
operating, or any combination of the foregoing, a
county transit
system pursuant to sections 306.01 to 306.13 of
the Revised Code,
or of making any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or
constructing any schools, forestry camps, detention
facilities,
or
other facilities, or any combination thereof, under section
2152.41 or 2151.65 of the Revised Code or both of
those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage
or refuse, including yard waste;
(W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division
applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the
cost of constructing, maintaining, repairing, or operating a
water
supply improvement;
(HH) For a board of township trustees to acquire, other
than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election,
or ballot form;
(II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural
fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining
sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or
acquiring ownership interests in land
necessary for the foregoing
improvements, by a board of township
trustees;
(PP) For both of the purposes set forth in divisions (G)
and
(OO) of this section. This division applies only to a township.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and
to supervise and
enforce the easements.
(SS) For both of the purposes set forth in divisions (BB)
and (KK) of this section. This division applies only to a county.
The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that
increase in
rate, and the
number of years during which the increase in rate
shall be in
effect, which may or may not include a levy upon the
duplicate of
the current year. The number of years may be any
number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following,
the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2152.41 and 2151.65 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention
facilities,
forestry camps, or other facilities, or any combination
thereof,
established under section 2152.41 or 2151.65 of the
Revised Code
or under both of those sections.
(3) When the additional rate is for any of the following,
the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U),
or
(KK) of this section;
(b) For the maintenance and operation of a joint
recreation
district;
(c) A levy imposed by a township for the purposes set
forth
in division (G) of this section.
(4) When the increase is for the purpose set forth in
division (D) or (CC) of this section or for both of the purposes
set forth
in divisions (G) and (OO) of this section, the tax levy
may be for any
specified number of years or for a continuing
period of time, as
set forth in the resolution.
(5) When the additional rate is for the purpose described
in
division (Z) of this section, the increased rate shall be for
any
number of years not exceeding ten.
A levy for the purposes set forth in division (I), (J), or
(U) of this section, and a levy imposed by a township for the
purposes set forth in division (G) of this section, may be
reduced
pursuant to section 5705.261 or 5705.31 of the Revised
Code. A
levy for the purposes set forth in division (I), (J), or
(U) of
this section, and a levy imposed by a township for the
purposes
set forth in division (G) of this section, may also be
terminated
or permanently reduced by the taxing authority if it
adopts a
resolution stating that the continuance of the levy is
unnecessary
and the levy shall be terminated or that the millage
is excessive
and the levy shall be decreased by a designated
amount.
A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a
combined
district organized under both sections
2152.41 and 2151.65 of the
Revised Code may include both current
expenses and
other purposes,
provided that the resolution shall apportion the
annual rate of
levy between the current expenses and the other
purpose or
purposes. The apportionment need not be the same for
each year of
the levy, but the respective portions of the rate
actually levied
each year for the current expenses and the other
purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a
sewer district or subdistrict created under Chapter 6117. of
the
Revised Code, by resolution declares it necessary to levy a
tax in
excess of the ten-mill limitation for the purpose of
constructing,
improving, or extending sewage disposal plants or
sewage systems,
the tax may be in effect for any number of years
not exceeding
twenty, and the proceeds of the tax,
notwithstanding
the general
provisions of this section, may be used to pay debt
charges on any
obligations issued and outstanding on behalf of
the subdivision
for the purposes enumerated in this paragraph,
provided that any
such obligations have been specifically
described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
Section 4. That the existing versions of sections 5139.29,
5139.31, and 5705.19 and the version of section 2151.652 of the
Revised Code that are scheduled to take effect
January 1, 2002,
are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take
effect on
January 1, 2002.
Section 6. That the versions of sections 5139.01 and 5139.11
of the Revised Code that are scheduled to take effect January 1,
2002, be amended to read as follows:
Sec. 5139.01. (A) As used in this chapter:
(1)
"Commitment" means the transfer of the physical
custody
of a child or youth from the court to the department of
youth
services.
(2)
"Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services.
(3)
"Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and
duty
to train, protect, and control the child; the
responsibility to
provide the child with food, clothing, shelter, education,
and
medical
care; and the right to determine where and with whom the
child shall
live, subject to the minimum periods of, or periods
of,
institutional care
prescribed in sections 2152.13 to
2152.18
of the Revised Code; provided,
that these rights and
responsibilities are exercised subject to
the powers, rights,
duties, and responsibilities of the guardian
of the person of the
child, and subject to any residual parental
rights and
responsibilities.
(4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the
general
assembly and that is under the management and control of
the
department of youth services or a private entity with which
the department has
contracted for the institutional care and
custody of felony delinquents.
(5)
"Full-time care" means care for twenty-four hours a
day
for over a period of at least two consecutive weeks.
(6)
"Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2152.22 of the Revised Code or division (C) of section
5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law.
(7)
"Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of
the child's person.
(8)
"Discharge" means that the department of youth
services'
legal custody of a child is terminated.
(9)
"Release" means the termination of a child's stay in
an
institution and the subsequent period during which the child
returns to the
community under the terms and conditions of
supervised release.
(10)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(11)
"Felony delinquent" means any child who is at least
twelve years of age but less than eighteen years of age and who
is
adjudicated a delinquent child for having committed an act
that if
committed by an adult would be a felony.
"Felony
delinquent"
includes any adult who is between the ages of
eighteen and
twenty-one and who is in the legal custody of the
department of
youth services for having committed an act that if
committed by an
adult would be a felony.
(12)
"Juvenile traffic offender" has the same meaning as
in
section 2152.02 of the Revised Code.
(13)
"Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the
department of
youth services for the commission of an act, other
than a violation
of section 2911.01 or 2911.11 of the Revised
Code, that is a category
one offense or a category two offense
and
who are in the care and custody of an institution or have been
diverted
from care and custody in an institution and placed in a
community corrections
facility;
(b) Felony delinquents who, while committed to the
department of youth
services and in the care and custody of an
institution or a community
corrections facility, are adjudicated
delinquent children for having
committed
in that institution or
community corrections facility an act that if
committed by an
adult would be a felony;
(c) Children who satisfy all of the following:
(i) They are at least twelve years of age but less
than
eighteen years of age.
(ii) They are adjudicated delinquent
children for having
committed acts that if committed by an
adult would be a felony.
(iii) They are committed to the department of
youth services
by the juvenile court of a county that has had
one-tenth of one
per cent or less of the statewide adjudications
for felony
delinquents as averaged for the
past
four fiscal years.
(iv) They are in the care and custody of an institution or a
community
corrections facility.
(d) Felony delinquents who, while committed to the
department of youth
services and in the care and custody of an
institution, commit in that
institution an act that if committed
by an adult would be a felony, who are
serving disciplinary time
for
having
committed that act, and who have been institutionalized
or institutionalized
in a secure facility for the minimum period
of time specified in divisions (A)(1)(b) to
(e) of section
2152.16 of the Revised Code.
(e) Felony delinquents who are subject to and serving a
three-year
period of commitment order imposed by a juvenile court
pursuant
to divisions (A) and (B) of
section 2152.17 of the
Revised Code for an act, other than a violation of
section 2911.11
of the Revised Code, that would be a category one
offense or
category two offense if committed by an adult.
(f) Felony delinquents who are described in divisions
(A)(13)(a) to (e)
of this section, who have been granted a
judicial release to court
supervision under
division (B) of
section 2152.22
of the Revised Code or a judicial release to the
department of youth services supervision under
division (C) of
that section
from the commitment to the department of youth
services for the
act described in divisions (A)(13)(a) to (e)
of
this section, who have violated the terms and conditions of
that
release, and who, pursuant to an
order of the court of the county
in which the particular felony
delinquent was placed on release
that is issued pursuant to
division (D) of section 2152.22
of the
Revised Code, have been returned to the
department for
institutionalization or institutionalization in a
secure facility.
(g) Felony delinquents who have been
committed to the
custody of the department of youth services,
who have been granted
supervised release from the commitment
pursuant to section 5139.51
of the
Revised Code, who have violated the
terms and conditions of
that supervised release, and who, pursuant
to an order of the
court of the county in which the particular
child was placed on
supervised release issued pursuant to
division (F) of section
5139.52
of the Revised Code, have had the supervised
release
revoked and have been returned to the department for
institutionalization. A felony delinquent described in this
division
shall be a public safety bed only for the time during
which the
felony delinquent is institutionalized as a result of
the revocation
subsequent to the initial thirty-day period of
institutionalization required by division (F) of section 5139.52
of the Revised Code.
(14)
"State target youth" means twenty-five per cent of
the
projected total number of felony delinquents for each year of
a
biennium, factoring in revocations and recommitments.
(15) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36
of the Revised Code.
(16)
"Secure facility" means any facility that is designed
and operated to
ensure that all of its entrances and exits are
under the exclusive control of
its staff and to ensure that,
because of that exclusive control, no child who
has been
institutionalized in the facility may leave the facility without
permission or supervision.
(17)
"Community residential program" means a program that
satisfies both of
the following:
(a) It is housed in a building or other structure that has
no associated
major restraining construction, including, but not
limited to, a security
fence.
(b) It provides twenty-four-hour care, supervision, and
programs for felony
delinquents who are in residence.
(18)
"Category one offense" and
"category two offense" have
the same
meanings
as in section 2151.26 of the Revised Code.
(19)
"Disciplinary time" means
additional time that the
department of youth services
requires a felony delinquent to serve
in an institution, that
delays the person's or felony delinquent's
planned release, and that
the
department imposes upon the person
or felony delinquent following the
conduct of an internal due
process hearing for
having committed any of the following acts
while committed to
the department and in the care and custody of
an
institution:
(a) An act that if committed by an
adult would be a felony;
(b) An act that if committed by an
adult would be a
misdemeanor;
(c) An act that is not described in division (A)(19)(a)
or
(b) of this section and that violates an
institutional rule of
conduct of the department.
(20)
"Unruly child" has the same meaning as in section
2151.022 of the Revised Code.
(21)
"Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52
of
the Revised Code.
(22)
"Release authority" means the release authority
of the
department of youth services that is established by section
5139.50 of the Revised Code.
(23)
"Supervised release" means the event of the
release of
a
child under this chapter from an institution and the period
after
that release during which the child is supervised and
assisted
by
an employee of the department of youth services under
specific
terms and
conditions for reintegration of the child into
the
community.
(24)
"Victim" means the person identified in a police
report,
complaint, or information as the victim of an act
that
would have
been a criminal offense if committed by an adult
and
that provided
the basis for adjudication proceedings
resulting in
a child's
commitment to the legal custody of the
department of
youth
services.
(25)
"Victim's representative" means a member of the
victim's
family or another person whom the victim or another
authorized
person
designates in writing,
pursuant to section
5139.56 of the
Revised Code, to
represent the victim with respect
to proceedings
of the release
authority of the department of youth
services and
with respect to other
matters specified in that
section.
(26)
"Member of the victim's family" means a spouse,
child,
stepchild, sibling, parent, stepparent, grandparent, other
relative,
or legal guardian of a child but does not include a
person charged
with, convicted of, or adjudicated a delinquent
child for committing a
criminal or delinquent act against the
victim or another criminal or
delinquent act arising
out of the
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim.
(27)
"Judicial release to court supervision" means
a release
of a
child
from institutional care or institutional care in a
secure facility
that is granted by a court pursuant to division
(B) of section 2152.22 of the Revised Code during the
period
specified in that
division.
(28)
"Judicial release to
department of youth services
supervision" means a release of a child from
institutional care or
institutional care in a secure facility
that is granted by a court
pursuant to division (C) of section
2152.22 of the
Revised Code
during the period specified in that division.
(29) "Juvenile justice system"
includes all of the functions
of the juvenile courts, the
department of youth services, any
public or private agency whose
purposes include the prevention of
delinquency or the diversion,
adjudication, detention, or
rehabilitation of delinquent children,
and any of the functions of
the criminal justice system that are
applicable to children.
(30) "Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 181.54 of the Revised Code.
(31) "Administrative planning district" means a district that
is established pursuant to division (A) or (B) of section 181.56
of the Revised Code.
(32) "Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division
(D) of section 181.56 of the Revised Code.
(33)
"Comprehensive plan" means a document that
coordinates,
evaluates, and otherwise assists, on an annual or
multi-year
basis,
all of the functions of the juvenile
justice
systems of the
state or a specified area of the
state,
that
conforms to the
priorities of the state with respect
to
juvenile justice systems,
and that conforms with
the
requirements of all federal criminal
justice acts. These
functions include, but are not limited to,
all of the
following:
(b) Identification, detection, apprehension, and detention
of persons charged with delinquent acts;
(c) Assistance to crime victims or witnesses, except that
the comprehensive plan does not include the functions of the
attorney general pursuant to sections 109.91 and 109.92 of the
Revised Code;
(d) Adjudication or diversion of persons charged with
delinquent acts;
(e) Custodial treatment of delinquent
children;
(f) Institutional and noninstitutional rehabilitation of
delinquent children.
(B) There is hereby created the department of youth
services. The governor shall appoint the director of the
department with the advice and consent of the senate. The
director shall hold office during the term of the appointing
governor but subject to removal at the pleasure of the governor.
Except as otherwise authorized in section 108.05 of the Revised
Code, the director shall devote the director's entire time
to the
duties of
the director's office and shall hold no other office or
position of trust or
profit during the director's term of office.
The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The
director
may adopt
rules for the government of the department, the conduct
of its
officers and employees, the performance of its business,
and the
custody, use, and preservation of the department's
records,
papers, books, documents, and property. The director
shall be an
appointing authority within the meaning of Chapter
124. of the
Revised Code. Whenever this or any other chapter or
section of
the Revised Code imposes a duty on or requires an
action of the
department, the duty or action shall be performed by
the director
or, upon the director's order, in the name of the
department.
Sec. 5139.11. The department of youth services shall do
all
of the following:
(A) Through a program of education, promotion, and
organization, form groups of local citizens and assist these
groups in conducting activities aimed at the prevention and
control of juvenile delinquency, making use of local people and
resources for the following purposes:
(1) Combatting local conditions known to contribute to
juvenile delinquency;
(2) Developing recreational and other programs for youth
work;
(3) Providing adult sponsors for delinquent children
cases;
(4) Dealing with other related problems of the locality.
(B) Advise local, state, and federal officials, public and
private agencies, and lay groups on the needs for and possible
methods of the reduction and prevention of juvenile delinquency
and the treatment of delinquent children;
(C) Consult with the schools and courts of this state on
the
development of programs for the reduction and prevention of
delinquency and the treatment of delinquents;
(D) Cooperate with other agencies whose services deal with
the care and treatment of delinquent children to the end that
delinquent children who are state wards may be assisted whenever
possible to a successful adjustment outside of institutional
care;
(E) Cooperate with other agencies in surveying,
developing,
and utilizing the recreational resources of a
community as a means
of combatting the problem of juvenile
delinquency and effectuating
rehabilitation;
(F) Hold district and state conferences from time to time
in
order to acquaint the public with current problems of juvenile
delinquency and develop a sense of civic responsibility toward
the
prevention of juvenile delinquency;
(G) Assemble and distribute information relating to
juvenile
delinquency and report on studies relating to community
conditions
that affect the problem of juvenile delinquency;
(H) Assist any community within the state by conducting a
comprehensive survey of the community's available public and
private resources, and recommend methods of establishing a
community program for combatting juvenile delinquency and crime,
but no survey of that type shall be conducted unless local
individuals and groups request it through their local
authorities,
and no request of that type shall be interpreted as
binding the
community to following the recommendations made as a
result of the
request;
(I) Evaluate the rehabilitation of children committed to
the
department and prepare and submit periodic reports to the
committing court for the following purposes:
(1) Evaluating the effectiveness of institutional
treatment;
(2) Making recommendations for judicial release
under
section 2152.22 of the Revised Code if
appropriate and
recommending conditions for judicial
release;
(3) Reviewing the placement of children and recommending
alternative placements where appropriate.
(J) Coordinate dates for hearings to be conducted under
section 2152.22 of the Revised Code and assist in the
transfer
and release of children from institutionalization to the custody
of the committing court;
(K)(1) Coordinate and assist juvenile justice systems by
doing the following:
(a) Performing juvenile justice system planning in the state,
including any planning that is required by any federal law;
(b) Collecting, analyzing, and correlating information and
data concerning the juvenile justice system in the state;
(c) Cooperating with and providing technical assistance to
state departments, administrative planning districts, metropolitan
county criminal justice services agencies, criminal justice
coordinating councils, and agencies, offices, and departments of
the juvenile justice system in the state, and other appropriate
organizations and persons;
(d) Encouraging and assisting agencies, offices, and
departments of the juvenile justice system in the state and other
appropriate organizations and persons to solve problems that
relate to the duties of the department;
(e) Administering within the state any juvenile justice acts
and programs
that the governor requires the department to
administer;
(f) Implementing the state comprehensive plans;
(g) Auditing grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the department;
(h) Monitoring or evaluating the performance of juvenile
justice system projects and programs in the state that are
financed in whole or in part by funds granted through the
department;
(i) Applying for, allocating, disbursing, and accounting for
grants that are made available pursuant to federal juvenile
justice acts, or made available from other federal, state, or
private sources, to improve the criminal and juvenile justice
systems in the state. All money from federal juvenile justice act
grants shall, if the terms under which the money is received
require that the money be deposited into an interest bearing fund
or account, be deposited in the state treasury to the credit of
the federal juvenile justice program purposes fund, which is
hereby created. All investment earnings shall be credited to the
fund.
(j) Contracting with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the department;
(k) Overseeing the activities of metropolitan county
criminal justice services agencies, administrative planning
districts, and juvenile justice coordinating councils in the
state;
(l) Advising the general assembly and governor on
legislation and other significant matters that pertain to the
improvement and reform of the juvenile justice system in the
state;
(m) Preparing and recommending legislation to the general
assembly and governor for the improvement of the juvenile justice
system in the state;
(n) Assisting, advising, and making any reports that are
required by the governor, attorney general, or general assembly;
(o) Adopting rules pursuant to Chapter 119. of the Revised
Code.
(2) Division (K)(1) of this section does not limit the
discretion or authority of the attorney general with respect to
crime victim assistance and criminal and juvenile justice
programs.
(3) Nothing in division (K)(1) of this section is intended
to diminish or alter the status of the office of the attorney
general as a criminal justice services agency.
(4) The governor may appoint any advisory committees to
assist the department that the governor considers appropriate or
that are required under any state or federal law.
Section 7. That the existing versions of sections 5139.01
and
5139.11 of the Revised Code that are scheduled to take effect
January 1, 2002, are hereby repealed.
Section 8. Sections 6 and 7 of this act shall take
effect on
January 1, 2002.
Section 9. Except as otherwise provided, all appropriation
items (AI) in this act are appropriated out of any
moneys in the
state
treasury to the credit of the designated fund
that are not
otherwise
appropriated. For all appropriations made
in this act,
the amounts in the
first column are for fiscal year
2002 and the
amounts in the second column
are for fiscal year
2003.
FND |
ALI |
|
AI TITLE |
|
|
FY 2002 |
|
|
FY 2003 |
Section 10. ACC ACCOUNTANCY BOARD OF OHIO
General Services Fund Group
4J8 |
889-601 |
|
CPA Education Assistance |
|
$ |
204,400 |
|
$ |
209,510 |
4K9 |
889-609 |
|
Operating Expenses |
|
$ |
870,318 |
|
$ |
917,458 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,074,718 |
|
$ |
1,126,968 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,074,718 |
|
$ |
1,126,968 |
Section 11. PAY ACCRUED LEAVE LIABILITY
Accrued Leave Liability Fund Group
806 |
995-666 |
|
Accrued Leave Fund |
|
$ |
52,083,178 |
|
$ |
56,760,331 |
807 |
995-667 |
|
Disability Fund |
|
$ |
42,843,384 |
|
$ |
47,127,722 |
TOTAL ALF Accrued Leave Liability |
|
|
|
|
|
|
Fund Group |
|
$ |
94,926,562 |
|
$ |
103,888,053 |
808 |
995-668 |
|
State Employee Health Benefit Fund |
|
$ |
163,866,236 |
|
$ |
187,635,594 |
809 |
995-669 |
|
Dependent Care Spending Account |
|
$ |
3,050,554 |
|
$ |
3,355,609 |
810 |
995-670 |
|
Life Insurance Investment Fund |
|
$ |
2,109,592 |
|
$ |
2,236,167 |
811 |
995-671 |
|
Parental Leave Benefit Fund |
|
$ |
4,914,815 |
|
$ |
6,143,519 |
TOTAL AGY Agency Fund Group |
|
$ |
173,941,197 |
|
$ |
199,370,889 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
268,867,759 |
|
$ |
303,258,942 |
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995-666, Accrued Leave
Fund,
shall be used to make payments from the Accrued Leave
Liability
Fund (Fund 806), pursuant to section 125.211 of the
Revised Code.
If it is determined by the Director of Budget and
Management that
additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995-667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995-668, State Employee
Health Benefit Fund, shall be used to make payments from the
State
Employee Health Benefit Fund (Fund 808), pursuant to
section
124.87 of the Revised Code. If it is determined by the
Director
of Budget and Management that additional amounts are
necessary,
the amounts are appropriated.
DEPENDENT CARE SPENDING ACCOUNT
The foregoing appropriation item 995-669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Account (Fund 809) to employees eligible
for dependent care expenses. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995-670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 810) for the costs and expenses
of
the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995-671, Parental Leave
Benefit
Fund, shall be used to make payments from the Parental
Leave
Benefit Fund (Fund 811) to employees eligible for parental
leave
benefits pursuant to section 124.137 of the Revised Code.
If
it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are appropriated.
Section 12. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
14,901 |
|
$ |
15,200 |
GRF |
745-403 |
|
Armory Deferred Maintenance |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
1,845,527 |
|
$ |
1,921,854 |
GRF |
745-409 |
|
Central Administration |
|
$ |
3,975,185 |
|
$ |
4,222,598 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
3,878,881 |
|
$ |
3,988,519 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
106,980 |
|
$ |
103,058 |
TOTAL GRF General Revenue Fund |
|
$ |
10,071,474 |
|
|
10,501,229 |
General Services Fund Group
534 |
745-612 |
|
Armory Improvements |
|
$ |
529,014 |
|
$ |
534,304 |
536 |
745-620 |
|
Camp Perry Clubhouse and Rental |
|
$ |
1,054,359 |
|
$ |
1,094,970 |
537 |
745-604 |
|
ONG Maintenance |
|
$ |
214,464 |
|
$ |
219,826 |
TOTAL GSF General Services Fund Group |
|
$ |
1,797,837 |
|
$ |
1,849,100 |
Federal Special Revenue Fund Group
3E8 |
745-628 |
|
Air National Guard Operations and Maintenance Agreement |
|
$ |
11,821,084 |
|
$ |
12,770,931 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
3S0 |
745-602 |
|
Higher Ground Training |
|
$ |
20,000 |
|
$ |
20,000 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
1,770,744 |
|
$ |
1,841,573 |
342 |
745-616 |
|
Army National Guard Service Agreement |
|
$ |
6,429,352 |
|
$ |
6,749,210 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
20,066,180 |
|
$ |
21,406,714 |
State Special Revenue Fund Group
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
64,466 |
|
$ |
66,078 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
64,466 |
|
$ |
66,078 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
31,999,957 |
|
$ |
33,823,121 |
ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD
TRAINING SITE AGREEMENT
On July 1, 2001, or as soon thereafter as possible, the
Adjutant General shall certify to the Director of Budget and
Management the cash balance in Fund 343, Army National Guard
Training Site Agreement. The Director of Budget and Management
shall transfer the certified amount from Fund 343 to Fund 342,
Army National Guard Service Agreement. Any existing encumbrances
in appropriation item 745-619, Army National Guard Training Site
Agreement (Fund 343), shall be canceled and reestablished against
appropriation item 745-616, Army National Guard Service Agreement
(Fund 342). The amounts of the reestablished encumbrances are
appropriated, and Fund 343 is abolished.
Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100-402 |
|
Unemployment Compensation |
|
$ |
107,713 |
|
$ |
109,114 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
662,147 |
|
$ |
614,704 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
850,133 |
|
$ |
838,777 |
GRF |
100-409 |
|
Departmental Information Services |
|
$ |
948,332 |
|
$ |
975,481 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
480,000 |
|
$ |
480,000 |
GRF |
100-414 |
|
Ohio Geographically Referenced Information Program |
|
$ |
512,410 |
|
$ |
510,807 |
GRF |
100-416 |
|
Strategic Technology Development Programs |
|
$ |
3,470,440 |
|
$ |
5,000,000 |
GRF |
100-417 |
|
MARCS |
|
$ |
5,350,344 |
|
$ |
6,176,160 |
GRF |
100-419 |
|
Ohio SONET |
|
$ |
4,527,924 |
|
$ |
4,625,879 |
GRF |
100-420 |
|
Innovation Ohio |
|
$ |
144,000 |
|
$ |
144,000 |
GRF |
100-421 |
|
ERP Project Implementation |
|
$ |
600,000 |
|
$ |
624,000 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
5,003,580 |
|
$ |
5,027,234 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
817,894 |
|
$ |
861,093 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
100,075,600 |
|
$ |
119,923,600 |
GRF |
100-448 |
|
OBA - Building Operating Payments |
|
$ |
26,098,000 |
|
$ |
26,098,000 |
GRF |
100-449 |
|
DAS - Building Operating Payments |
|
$ |
5,126,955 |
|
$ |
5,126,968 |
GRF |
100-451 |
|
Minority Affairs |
|
$ |
119,706 |
|
$ |
118,043 |
GRF |
100-734 |
|
Major Maintenance |
|
$ |
70,224 |
|
$ |
68,376 |
GRF |
102-321 |
|
Construction Compliance |
|
$ |
1,392,590 |
|
$ |
1,396,506 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
3,632,427 |
|
$ |
3,740,888 |
TOTAL GRF General Revenue Fund |
|
$ |
159,990,419 |
|
$ |
182,459,630 |
General Services Fund Group
112 |
100-616 |
|
DAS Administration |
|
$ |
5,243,105 |
|
$ |
5,503,547 |
115 |
100-632 |
|
Central Service Agency |
|
$ |
399,438 |
|
$ |
376,844 |
117 |
100-644 |
|
General Services Division - Operating |
|
$ |
5,790,000 |
|
$ |
7,091,000 |
122 |
100-637 |
|
Fleet Management |
|
$ |
1,600,913 |
|
$ |
1,652,189 |
125 |
100-622 |
|
Human Resources Division - Operating |
|
$ |
23,895,125 |
|
$ |
24,640,311 |
127 |
100-627 |
|
Vehicle Liability Insurance |
|
$ |
3,373,835 |
|
$ |
3,487,366 |
128 |
100-620 |
|
Collective Bargaining |
|
$ |
3,292,859 |
|
$ |
3,410,952 |
130 |
100-606 |
|
Risk Management Reserve |
|
$ |
185,900 |
|
$ |
197,904 |
131 |
100-639 |
|
State Architect's Office |
|
$ |
7,504,787 |
|
$ |
7,772,789 |
132 |
100-631 |
|
DAS Building Management |
|
$ |
10,887,913 |
|
$ |
11,362,872 |
188 |
100-649 |
|
Equal Opportunity Programs |
|
$ |
1,214,691 |
|
$ |
1,253,311 |
201 |
100-653 |
|
General Services Resale Merchandise |
|
$ |
1,779,000 |
|
$ |
1,833,000 |
210 |
100-612 |
|
State Printing |
|
$ |
6,648,503 |
|
$ |
6,928,823 |
4H2 |
100-604 |
|
Governor's Residence Gift |
|
$ |
22,628 |
|
$ |
23,194 |
4P3 |
100-603 |
|
Departmental MIS Services |
|
$ |
7,447,713 |
|
$ |
7,761,365 |
427 |
100-602 |
|
Investment Recovery |
|
$ |
4,204,735 |
|
$ |
4,179,184 |
5C2 |
100-605 |
|
MARCS Development |
|
$ |
3,429,947 |
|
$ |
4,475,190 |
5C3 |
100-608 |
|
Skilled Trades |
|
$ |
2,237,200 |
|
$ |
2,332,464 |
5D7 |
100-621 |
|
Workforce Development |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5L7 |
100-610 |
|
Professional Development |
|
$ |
2,700,000 |
|
$ |
2,700,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
103,858,292 |
|
$ |
108,982,305 |
Intragovernmental Service Fund Group
133 |
100-607 |
|
Information Technology Fund |
|
$ |
104,482,097 |
|
$ |
111,387,436 |
4N6 |
100-617 |
|
Major Computer Purchases |
|
$ |
12,000,000 |
|
$ |
4,500,000 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
116,482,097 |
|
$ |
115,887,436 |
113 |
100-628 |
|
Unemployment Compensation |
|
$ |
3,500,000 |
|
$ |
3,577,000 |
124 |
100-629 |
|
Payroll Deductions |
|
$ |
1,877,100,000 |
|
$ |
1,999,100,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,880,600,000 |
|
$ |
2,002,677,000 |
Holding Account Redistribution Fund Group
R08 |
100-646 |
|
General Services Refunds |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,260,950,808 |
|
$ |
2,410,026,371 |
Section 13.01. AGENCY AUDIT EXPENSES
Of the foregoing appropriation item 100-405, Agency Audit
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in
fiscal year 2003 shall be used to subsidize the operations of the
Central Service Agency. The Department of Administrative Services
shall transfer cash from appropriation item 100-405, Agency Audit
Expenses, to
the Central Service Agency Fund (Fund 115) using an
intrastate transfer
voucher.
Of the foregoing appropriation item 100-405, Agency Audit
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal
year 2003
shall be used for the Department of
Administrative
Services' GRF appropriation item-related auditing
expenses. The
remainder
of the appropriation shall be used for
auditing expenses
designated in division (A)(1) of section 117.13
of the Revised
Code for those state agencies audited on a
biennial basis.
Section 13.02. OHIO BUILDING AUTHORITY
The foregoing appropriation item 100-447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2001, to June
30, 2003, by the Department of Administrative Services to the Ohio
Building Authority pursuant to leases and agreements under Chapter
152. of the Revised Code, but limited to the aggregate amount of
$219,999,200. The foregoing appropriation item 100-448, OBA -
Building Operating Payments, shall be used to meet all payments at
the times that they are required to be made during the period from
July 1, 2001, to June 30, 2003, by the Department of
Administrative Services to the Ohio Building Authority pursuant to
leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $52,196,000. These
appropriations are the source of funds pledged for bond service
charges on obligations issued pursuant to Chapter 152. of the
Revised Code.
The payments to the Ohio Building Authority are for the
purpose of paying the expenses of agencies that occupy space in
the various state facilities. The Department of Administrative
Services may enter into leases and agreements with the Ohio
Building Authority providing for the payment of these expenses.
The Ohio Building Authority shall report to the Department of
Administrative Services and the Office of Budget and Management
not later than five months after the start of a fiscal year the
actual expenses incurred by the Ohio Building Authority in
operating the facilities and any balances remaining from payments
and rentals received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Section 13.03. DAS - BUILDING OPERATING PAYMENTS
The foregoing appropriation item 100-449, DAS - Building
Operating Payments,
shall be used to pay the rent expenses of
veterans organizations pursuant to
section 123.024 of the Revised
Code in fiscal years 2002 and
2003.
The foregoing appropriation item, 100-449, DAS - Building
Operating Payments, may be used to provide funding for the cost of
property appraisals that the Department of Administrative Services
may be required to obtain for property that is being sold by the
state or property under consideration to be purchased by the
state.
Of the foregoing appropriation item 100-449, DAS - Building
Operating
Payment, $100,000 shall be used in fiscal year 2002 to
fund the renovation of
new office space for the State Library and
the Ohioana Library Association.
Notwithstanding section 125.28 of the Revised Code, the
remaining
portion of
the appropriation may be used to pay the
operating expenses of
state
facilities maintained by the
Department of Administrative
Services that are
not billed to
building tenants. These expenses may include, but
are not
limited
to, the costs for vacant space and space undergoing
renovation,
and
the rent expenses of tenants that are relocated due to
building
renovations. These payments shall be processed by the
Department of
Administrative Services
through intrastate transfer
vouchers and placed in
the Facilities
Management Fund (Fund
132).
Section 13.04. MINORITY
AFFAIRS
The foregoing appropriation item 100-451, Minority
Affairs,
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an
access
point and official representation to multi-cultural
communities;
research and reports on multi-cultural issues; and
educational,
governmental, and other services that foster
multi-cultural
opportunities and understanding in the state of
Ohio.
Section 13.05. CENTRAL SERVICE AGENCY FUND
In order to complete the migration of the licensing
applications
of the professional licensing boards to a local area
network, the
Director of Budget and Management may, at the request
of the
Director of Administrative Services, cancel related
encumbrances
in the Central Service Agency Fund (Fund 115) and
reestablish
these encumbrances in fiscal year 2002 for the same
purpose and to
the same vendor. The Director of Budget and
Management shall reduce the appropriation balance in fiscal year
2001 by the amount of encumbrances canceled in Fund 115. As
determined by the Director of Budget and Management, the
amount
necessary to reestablish such encumbrances
or parts of
encumbrances in fiscal year 2002 in the Central
Service Agency
Fund (Fund 115) is appropriated.
The Director of Budget and Management may transfer up to
$399,000
in fiscal year 2002 and up to $354,000 in fiscal year
2003 from the
Occupational Licensing and Regulatory Fund (Fund
4K9) to the Central
Service Agency Fund (Fund 115). The Director
of Budget and
Management may transfer up to $34,000 in fiscal
year
2002 and up
to $30,000 in fiscal year 2003 from the State
Medical
Board
Operating Fund (Fund 5C6) to the Central Service
Agency Fund
(Fund
115). The Director of Budget and Management may transfer up
to $18,000 in fiscal year 2002 and up to $16,000 in fiscal year
2003 from the Pharmacy Board Operating Fund (Fund 5N2) to the
Central Service Agency Fund (Fund 115). The appropriation item
100-632, Central
Service
Agency,
shall be used to purchase the
necessary equipment,
products, and
services to install and
maintain a local area
network for the
professional
licensing
boards, and to support
their
licensing applications. The amount
of the cash
transfer is
appropriated to
appropriation item
100-632,
Central
Service
Agency.
Section 13.06. TUITION REIMBURSEMENT
Of the foregoing appropriation item 100-622, Human Resources
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in
fiscal year
2003 shall be set aside for the District 1199 Health
Care Employees
Tuition Reimbursement Program, per existing
collective bargaining
agreements. Of the foregoing appropriation
item 100-622, Human
Resources Division - Operating, $75,000 in
fiscal year 2002 and $75,000 in
fiscal year 2003 shall be set
aside for the Ohio Education
Association Tuition Reimbursement
Program, per existing collective
bargaining agreements. The
Department of Administrative Services,
with the approval of the
Director of Budget and Management, shall
establish charges for
recovering the costs of administering the
District 1199 Health
Care Employees Tuition Reimbursement Program
and the Ohio
Education Association Tuition Reimbursement Program.
Receipts for
these charges shall be deposited into the Human
Resources Services
Fund (Fund 125).
Section 13.07. COLLECTIVE BARGAINING ARBITRATION EXPENSES
With approval of the Director of Budget and Management, the
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and placed in the Collective Bargaining Fund (Fund 128).
Section 13.08. EQUAL OPPORTUNITY PROGRAM
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the activities supported
by the Equal Opportunity Programs Fund (Fund 188). These charges
shall be deposited to the credit of the Equal Opportunity Programs
Fund (Fund 188) upon payment made by state agencies,
state-supported or state-assisted institutions of higher
education, and tax-supported agencies, municipal corporations, and
other political subdivisions of the state, for services rendered.
Section 13.09. MERCHANDISE FOR RESALE
The foregoing appropriation item 100-653, General Services
Resale
Merchandise, shall be used to account for merchandise for
resale,
which is administered by the General Services Division.
Deposits to the fund may comprise the cost of merchandise for
resale and shipping fees.
Section 13.10. GOVERNOR'S RESIDENCE GIFT
The foregoing appropriation item 100-604, Governor's
Residence Gift, shall be used to provide part or all of the
funding related to construction, goods, or services for the
Governor's residence. All receipts for this purpose shall be
deposited into Fund 4H2.
Section 13.11. DEPARTMENTAL MIS
The foregoing appropriation item 100-603, Departmental MIS
Services, may be used to pay operating expenses of management
information systems activities in the Department of Administrative
Services. The Department of Administrative Services shall
establish charges for recovering the costs of management
information systems activities. These charges shall be deposited
to the credit of the Departmental MIS Fund (Fund 4P3).
Notwithstanding any other language to the contrary, the
Director
of Budget and Management may transfer up to $3,000,000 of
fiscal
year 2002 appropriations and up to $3,000,000 of fiscal
year 2003
appropriations from appropriation item 100-603,
Departmental MIS
Services, to any Department of Administrative
Services non-General Revenue
Fund appropriation
item. The
appropriations transferred shall be used to make
payments for
management information systems services.
Notwithstanding any
other language to the contrary, the Director
of Budget and
Management may transfer up to $217,313 of fiscal
year 2002
appropriations and up to $193,031 of fiscal year 2003
appropriations from appropriation item 100-409, Departmental
Information Services, to any Department of Administrative Services
appropriation item in the General Revenue Fund. The
appropriations transferred shall be used to make payments for
management information systems services.
Section 13.12. INVESTMENT RECOVERY FUND
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the Federal Surplus Operating
Program created in sections 125.84 to 125.90 of the Revised Code.
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the State Property Inventory and
Fixed Assets Management System Program.
Of the foregoing appropriation item 100-602, Investment
Recovery, up to $2,045,302 in fiscal year 2002 and up to
$1,959,192 in fiscal year 2003 shall be used to pay the operating
expenses of the State Surplus Property Program, the Surplus
Federal Property Program, and the State Property Inventory and
Fixed Assets Management System Program pursuant to Chapter 125. of
the Revised Code and this section. If additional appropriations
are necessary for the operations of these programs, the Director
of Administrative Services shall seek increased appropriations
from the Controlling Board under section 131.35 of the Revised
Code.
Of the foregoing appropriation item 100-602, Investment
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal
year 2003 shall be used to transfer proceeds from the sale of
surplus property from the Investment Recovery Fund to non-General
Revenue Funds pursuant to division (A)(2) of section 125.14 of the
Revised Code. If it is determined by the Director of
Administrative Services that additional appropriations are
necessary for the transfer of such sale proceeds, the Director of
Administrative Services may request the Director of Budget
and
Management to increase the amounts. Such amounts are
appropriated.
Notwithstanding division (B) of section 125.14 of the Revised
Code, the Director of Budget and Management, at the request of the
Director of Administrative Services, shall transfer up to
$2,500,000 of the amounts held for transfer to the General Revenue
Fund from the Investment Recovery Fund (Fund 427) to the General
Services Fund (Fund 117) during the biennium beginning July 1,
2001, and ending June 30, 2003. The cash transferred to the
General Services Fund shall be used to pay the operating expenses
of the Competitive Sealed Proposal Program.
Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM
Notwithstanding division (B)(3) of section 4505.09 of the
Revised Code, the Director of Budget and Management, at the
request of the Director of Administrative Services, may transfer
up to $3,429,947 in fiscal year 2002 and $4,475,190 in fiscal year
2003 from the Automated Title Processing System (Fund 849) to the
Multi-Agency Radio Communications Systems Fund (Fund 5C2). The
cash transferred to the Multi-Agency Radio Communications Systems
Fund shall be used for the development of the MARCS system.
Effective with the implementation of the Multi-Agency Radio
Communications System, the Director of Administrative Services
shall collect user fees from participants in the system. The
Director of Administrative Services, with the advice of the
Multi-Agency Radio Communications System Steering Committee and
the Director of Budget and Management, shall determine the amount
of the fees and the manner by which the fees shall be collected.
Such user charges shall comply with the applicable cost principles
issued by the federal Office of Management and Budget. All moneys
from user charges and fees shall be deposited in the state
treasury to the credit of the Multi-Agency Radio Communications
System Administration Fund (Fund 5C2).
Section 13.14. WORKFORCE DEVELOPMENT FUND
There is hereby established in the state treasury the
Workforce Development Fund (Fund 5D7). The foregoing
appropriation item 100-621, Workforce Development, shall be used
to make payments from the fund. The fund shall be under the
supervision of the Department of Administrative Services, which
may adopt rules with regard to administration of the fund. The
fund shall be used to pay the costs of the Workforce Development
Program established by Article 37 of the contract between the
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000.
The program shall be administered in accordance with the contract.
Revenues shall accrue to the fund as specified in the contract.
The fund may be used to pay direct and indirect costs of the
program that are attributable to staff, consultants, and service
providers. All income derived from the investment of the fund
shall accrue to the fund.
If it is determined by the Director of Administrative
Services that additional appropriation amounts are necessary, the
Director of Administrative Services may request that the Director
of Budget and Management increase such amounts. Such amounts are
appropriated.
Section 13.15. PROFESSIONAL DEVELOPMENT FUND
The foregoing appropriation item 100-610, Professional
Development, shall be used to make payments from the Professional
Development Fund (Fund 5L7) pursuant to section 124.182 of the
Revised Code.
Section 13.16. COMPUTER EQUIPMENT PURCHASES
The Director of Administrative Services shall compute the
amount
of revenue attributable to the amortization of all
equipment
purchases from appropriation item 100-607, Information
Technology Fund; appropriation item
100-617, Major Computer
Purchases; and appropriation item CAP-837,
Major Equipment
Purchases,
which is recovered by the Department
of
Administrative
Services as part of the rates charged by the Information
Technology Fund (Fund 133) created in section 125.15 of the
Revised Code. The Director of Budget and Management may transfer
cash in an amount not to exceed the amount of amortization
computed from the Information Technology Fund (Fund 133) to Major
Computer Purchases (Fund 4N6).
Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT
The Director of Administrative Services, with the approval of
the Director of Budget and Management, may establish an
information
technology assessment for the purpose of recovering
the cost of
selected infrastructure development and statewide
programs. Such
assessment shall comply with applicable cost
principles issued by
the federal Office of Management and Budget.
During the fiscal
year 2001-2003 biennium, the information
technology assessment may
be used to partially fund the cost of
electronic-government
infrastructure. The information technology
assessment shall be
charged to all organized bodies, offices, or
agencies established
by the laws of the state for the exercise of
any function of state
government except for the General Assembly,
any legislative
agency, the Supreme Court, the other courts of
record in Ohio, or
any judicial agency, the Adjutant General, the
Bureau of
Workers' Compensation, and institutions administered by
a board of
trustees. Any state-entity exempted by this section
may
utilize
the infrastructure or statewide program by
participating
in the
information technology assessment. All
charges for the
information technology assessment shall be
deposited to the credit
of the Information Technology Fund (Fund
133) created in section
125.15 of the Revised Code.
Section 13.18. E-GOVERNMENT DEVELOPMENT FUND
The Director of Budget and Management shall transfer any cash
balances remaining in the E-Government Development Fund (Fund 5M6)
after November 30, 2001, from the E-Government Development Fund to
the Information Technology Fund (Fund 133) created in section
125.15 of the Revised Code.
Section 13.19. UNEMPLOYMENT COMPENSATION FUND
The foregoing appropriation item 100-628, Unemployment
Compensation, shall be used to make payments from the Unemployment
Compensation Fund (Fund 113), pursuant to section 4141.241 of the
Revised Code. If it is determined that additional amounts are
necessary, such amounts are appropriated.
Section 13.20. PAYROLL WITHHOLDING FUND
The foregoing appropriation item 100-629, Payroll Deductions,
shall be used to make payments from the Payroll Withholding Fund
(Fund 124). If it is determined by the Director of Budget and
Management that additional appropriation amounts are necessary,
such amounts
are appropriated.
Section 13.21. GENERAL SERVICES REFUNDS
The foregoing appropriation item 100-646, General Services
Refunds, shall be used to hold bid guarantee and building plans
and specifications deposits until they are refunded. The Director
of Administrative Services may request that the Director of Budget
and Management transfer cash received for the costs of providing
the building plans and specifications to contractors from the
General Services Refund Fund to Fund 131, State Architect's
Office. Prior to the transfer of cash, the Director of
Administrative Services shall certify that such amounts are in
excess of amounts required for refunding deposits and are directly
related to costs of producing building plans and specifications.
If it is determined that additional appropriations are necessary,
such amounts are appropriated.
Section 13.22. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT
SERVICE PAYMENTS
The Director of Administrative Services, in consultation with
the Multi-Agency Radio Communication System (MARCS) Steering
Committee and the Director of Budget and Management, shall
determine the share of debt service payments attributable to
spending for MARCS components that are not specific to any one
agency and that shall be charged to agencies supported by the
motor fuel tax. Such share of debt service payments shall be
calculated for MARCS capital disbursements made beginning July
1,
1997. Within thirty days of any payment made from
appropriation
item 100-447, OBA - Building Rent Payments,
the Director of
Administrative Services shall certify to the
Director of Budget
and Management the amount of this share. The
Director of Budget
and Management shall transfer such amounts to
the General Revenue
Fund from the Highway Operating Fund (Fund
002) established in
section 5735.281 of the Revised Code.
Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY
Whenever the Director of Administrative Services declares a
"Public Exigency," as provided in division (C) of section 123.15
of the Revised Code, the Director shall also notify the members of
the Controlling Board.
Section 13.24. GENERAL SERVICE CHARGES
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the programs in the
General Services Fund (Fund 117) and the State Printing Fund (Fund
210).
Section 14. AAM COMMISSION ON AFRICAN AMERICAN MALES
GRF |
036-100 |
|
Personal Services |
|
$ |
254,538 |
|
$ |
267,265 |
GRF |
036-200 |
|
Maintenance |
|
$ |
47,500 |
|
$ |
47,175 |
GRF |
036-300 |
|
Equipment |
|
$ |
19,000 |
|
$ |
18,870 |
GRF |
036-501 |
|
CAAM Awards and Scholarships |
|
$ |
15,200 |
|
$ |
15,096 |
GRF |
036-502 |
|
Community Projects |
|
$ |
38,000 |
|
$ |
27,750 |
TOTAL GRF General Revenue Fund |
|
$ |
374,238 |
|
$ |
376,156 |
State Special Revenue Fund Group
4H3 |
036-601 |
|
Commission on African American Males - Gifts/Grants |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL SSR State Special Revenue
Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
384,238 |
|
$ |
386,156 |
COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW
No later than December 31, 2001, the Commission on African
American Males
shall submit to the chairperson and ranking
minority member of the Human
Services Subcommittee of the Finance
and Appropriations Committee of the
House of Representatives a
report that demonstrates the progress that has
been made toward
meeting the Commission's mission statement.
Section 15. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
GRF |
029-321 |
|
Operating Expenses |
|
$ |
365,881 |
|
$ |
365,881 |
TOTAL GRF General Revenue Fund |
|
$ |
365,881 |
|
$ |
365,881 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
365,881 |
|
$ |
365,881 |
The Chief Administrative Officer of the House of
Representatives and the Clerk
of the Senate shall determine, by
mutual agreement, which of them shall act as
fiscal
agent for
the
Joint Committee on Agency Rule Review.
Section 16. AGE DEPARTMENT OF AGING
GRF |
490-321 |
|
Operating Expenses |
|
$ |
2,798,946 |
|
$ |
2,798,946 |
GRF |
490-403 |
|
PASSPORT |
|
$ |
61,867,800 |
|
$ |
63,840,739 |
GRF |
490-404 |
|
Eldercare |
|
$ |
98,000 |
|
$ |
78,400 |
GRF |
490-405 |
|
Golden Buckeye Card |
|
$ |
377,560 |
|
$ |
377,560 |
GRF |
490-406 |
|
Senior Olympics |
|
$ |
39,862 |
|
$ |
39,862 |
GRF |
490-407 |
|
Long-Term Care Consumer Guide |
|
$ |
622,799 |
|
$ |
622,799 |
GRF |
490-409 |
|
Ohio Community Service Council Operations |
|
$ |
311,640 |
|
$ |
311,640 |
GRF |
490-410 |
|
Long-Term Care Ombudsman |
|
$ |
1,412,058 |
|
$ |
1,412,058 |
GRF |
490-411 |
|
Senior Community Services |
|
$ |
13,684,750 |
|
$ |
13,684,750 |
GRF |
490-412 |
|
Residential State Supplement |
|
$ |
12,534,591 |
|
$ |
12,290,915 |
GRF |
490-414 |
|
Alzheimers Respite |
|
$ |
4,436,673 |
|
$ |
4,436,673 |
GRF |
490-416 |
|
Transportation For Elderly |
|
$ |
183,000 |
|
$ |
183,000 |
GRF |
490-499 |
|
Senior Employment Program |
|
$ |
15,574 |
|
$ |
15,574 |
GRF |
490-504 |
|
Senior Facilities |
|
$ |
230,000 |
|
$ |
200,000 |
GRF |
490-506 |
|
Senior Volunteers |
|
$ |
491,614 |
|
$ |
496,580 |
TOTAL GRF General Revenue Fund |
|
$ |
99,104,867 |
|
$ |
100,789,496 |
General Services Fund Group
480 |
490-606 |
|
Senior Citizens Services Special Events |
|
$ |
363,587 |
|
$ |
372,677 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
363,587 |
|
$ |
372,677 |
Federal Special Revenue Fund Group
3C4 |
490-607 |
|
PASSPORT |
|
$ |
129,645,833 |
|
$ |
144,875,065 |
3M3 |
490-611 |
|
Federal Aging Nutrition |
|
$ |
22,943,588 |
|
$ |
23,517,178 |
3M4 |
490-612 |
|
Federal Supportive Services |
|
$ |
21,025,940 |
|
$ |
21,545,338 |
3R7 |
490-617 |
|
Ohio Community Service Council Programs |
|
$ |
7,350,920 |
|
$ |
7,350,920 |
322 |
490-618 |
|
Older Americans
Support Services |
|
$ |
10,873,661 |
|
$ |
11,144,778 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
191,839,942 |
|
$ |
208,433,279 |
State Special Revenue Fund Group
4C4 |
490-609 |
|
Regional Long-Term Care
Ombudsman Program |
|
$ |
440,185 |
|
$ |
451,190 |
4J4 |
490-610 |
|
PASSPORT/Residential State Supplement |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
4U9 |
490-602 |
|
PASSPORT Fund |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5K9 |
490-613 |
|
Nursing Home Consumer Guide |
|
$ |
400,000 |
|
$ |
400,000 |
624 |
490-604 |
|
OCSC Community Support |
|
$ |
2,500 |
|
$ |
2,500 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
29,842,685 |
|
$ |
29,853,690 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
321,151,081 |
|
$ |
339,449,142 |
Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY
ADMISSION
Pursuant to sections 5101.751 and 5101.754 of the
Revised
Code and an interagency agreement, the Department of Job and
Family
Services shall
designate the Department of Aging to perform
assessments under
sections 5101.75
and 5111.204 of the Revised
Code. Of the foregoing appropriation
item 490-403,
PASSPORT, the
Department of Aging may use not more than
$2,390,300 in fiscal
year 2002 and $2,450,058 in fiscal year 2003
to perform
the
assessments for persons not eligible for Medicaid in
accordance
with the department's interagency
agreement with the Department
of
Job
and Family Services and to assist individuals
in
planning for
their long-term health care needs.
Appropriation item 490-403, PASSPORT, and the amounts set
aside for the PASSPORT Waiver Program in appropriation item
490-610,
PASSPORT/Residential State Supplement, may be
used to
assess clients regardless of Medicaid eligibility.
The Director of Aging shall adopt rules under
section 111.15
of the Revised Code governing the nonwaiver funded
PASSPORT
program, including client eligibility.
The Department of Aging shall administer the Medicaid
Waiver
funded PASSPORT Home Care program as delegated by the
Department
of Job and Family Services in an interagency agreement. The
foregoing
appropriation item 490-403, PASSPORT,
and the amounts
set aside for the PASSPORT Waiver Program in
appropriation item
490-610,
PASSPORT/Residential State Supplement,
shall
be used to
provide the required state match for federal
Medicaid funds
supporting the Medicaid Waiver funded PASSPORT Home
Care
program.
Appropriation item 490-403, PASSPORT, and the
amounts set aside
for the PASSPORT Waiver Program in appropriation
item 490-610,
PASSPORT/Residential State Supplement, may
also be
used
to support
the Department of Aging's administrative costs
associated with
operating the PASSPORT program.
The foregoing appropriation item 490-607, PASSPORT, shall
be
used to provide the federal matching share for all PASSPORT
program costs determined by the Department of Job and Family
Services to
be
eligible for Medicaid reimbursement.
The foregoing appropriation item 490-404, Eldercare,
shall be
used to fund the existing eldercare service
programs and shall be
limited to providing services to those
persons who are enrolled in
these programs on the effective date
of this section.
SENIOR COMMUNITY SERVICES
The foregoing appropriation item 490-411, Senior Community
Services, shall be
used for services designated by the Department
of Aging,
including, but not
limited to, home-delivered meals,
transportation services,
personal care
services, respite services,
home repair, and care coordination.
Service priority shall be
given to low income, frail,
and
cognitively impaired persons 60
years of age and over. The department
shall promote
cost sharing
by service recipients for those
services funded with
block grant
funds, including, where possible,
sliding-fee scale payment
systems based on
the income of service
recipients.
The foregoing appropriation item 490-414, Alzheimers
Respite,
shall be used only to fund Alzheimer's disease
services under
section 173.04 of the Revised Code.
TRANSPORTATION FOR ELDERLY
The foregoing appropriation item 490-416, Transportation for
Elderly, shall be used for non-capital expenses related to
transportation services for the elderly that provide access to
such things as healthcare services, congregate meals,
socialization programs, and grocery shopping. The appropriation
shall be allocated to the following agencies:
(A) $45,000 per fiscal year to the Cincinnati Jewish
Vocational
Services;
(B) $45,000 per fiscal year to the Cleveland Jewish
Community
Center;
(C) $45,000 per fiscal year to the Columbus Jewish
Federation;
(D) $20,000 per fiscal year to the Dayton Jewish Family
Services;
(E) $10,000 per fiscal year to the Akron Jewish Community
Center;
(F) $5,000 per fiscal year to the Youngstown Jewish
Federation;
(G) $3,000 per fiscal year to the Canton Jewish Federation;
(H) $10,000 per fiscal year to the Toledo Jewish Federation.
Agencies receiving funding from appropriation item 490-XXX,
Transportation for Elderly, shall coordinate services with other
local service agencies.
RESIDENTIAL STATE SUPPLEMENT
Under the Residential State Supplement Program, the amount
used
to determine whether a resident is eligible for payment and
for
determining the amount per month the eligible resident will
receive
shall be as follows:
(A) $900 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $900 for an adult group home, as defined in Chapter
3722. of the
Revised Code;
(C) $800 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $800 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $800 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $800 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $600 for adult community mental health housing services,
as
defined in division (B)(5) of section 173.35 of the Revised
Code.
The Departments of Aging and Job and Family Services shall
reflect
this
amount in any applicable rules the departments adopt
under
section
173.35 of the Revised Code.
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS
The Department of Aging may transfer cash by intrastate
transfer vouchers from
the
foregoing appropriation items 490-412,
Residential State
Supplement,
and 490-610, PASSPORT/Residential
State Supplement, to the
Department of
Job and Family Services'
Fund 4J5,
Home and Community-Based Services for the Aged
Fund.
The funds
shall be used to make
benefit payments to
Residential
State
Supplement recipients.
The foregoing appropriation item 490-410, Long-Term Care
Ombudsman, shall be
used for a
program to fund
ombudsman program
activities in nursing homes, adult
care facilities, boarding
homes, and home and community care
services.
Of the foregoing appropriation item 490-504, Senior
Facilities, in fiscal year 2002, $10,000 shall be for the Tri-city
Senior Center, $10,000 shall be for the Westlake Senior Center,
and $10,000 shall be for the Rocky River Senior Center.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS
The foregoing appropriation item 490-609, Regional Long-Term
Care Ombudsman
Programs,
shall be used solely
to pay the costs of
operating the regional long-term care
ombudsman programs.
PASSPORT/RESIDENTIAL STATE SUPPLEMENT
Of the foregoing appropriation item 490-610,
PASSPORT/Residential State Supplement, up to $2,835,000 each
fiscal year
shall be used to fund the
Residential State Supplement
Program. The remaining available funds shall be
used to
fund the
PASSPORT program.
Section 16.03. RESIDENTIAL STATE SUPPLEMENT
If the Department of Aging, in consultation with the
Director
of Budget and Management, determines that available
funding is
insufficient to make payments to all eligible
individuals, the
department may establish priority policies to
further limit
eligibility criteria.
TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES
Upon written request of the Director of Aging,
the Director
of Budget and Management may transfer
appropriation authority
among appropriation items
490-611, Federal Aging
Nutrition,
490-612, Federal Supportive
Services, and
490-618,
Older Americans
Support Services, in amounts not to exceed 30 per
cent of
the
appropriation from which the transfer is made. The
Department of
Aging shall
report such transfers to the Controlling
Board at the
next
regularly scheduled
meeting of the board.
OHIO COMMUNITY SERVICE COUNCIL
The foregoing appropriation items 490-409, Ohio Community
Service Council, and 490-617, Ohio Community Service Council
Programs, shall be used
in
accordance with section 121.40 of the
Revised Code.
Section 17. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
3,160,884 |
|
$ |
3,334,073 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
4,340,887 |
|
$ |
4,385,108 |
GRF |
700-402 |
|
Amusement Ride Safety |
|
$ |
226,451 |
|
$ |
230,769 |
GRF |
700-403 |
|
Dairy Division |
|
$ |
1,569,097 |
|
$ |
1,707,877 |
GRF |
700-404 |
|
Ohio Proud |
|
$ |
222,856 |
|
$ |
228,266 |
GRF |
700-405 |
|
Animal Damage Control |
|
$ |
86,780 |
|
$ |
84,358 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
889,058 |
|
$ |
900,001 |
GRF |
700-407 |
|
Food Safety |
|
$ |
1,422,998 |
|
$ |
1,377,956 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
100,000 |
|
$ |
100,000 |
GRF |
700-410 |
|
Plant Industry |
|
$ |
1,517,969 |
|
$ |
1,561,620 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
889,620 |
|
$ |
798,062 |
GRF |
700-412 |
|
Weights and Measures |
|
$ |
991,136 |
|
$ |
996,634 |
GRF |
700-413 |
|
Gypsy Moth Prevention |
|
$ |
633,214 |
|
$ |
634,279 |
GRF |
700-414 |
|
Concentrated Animal Feeding Facilities Advisory Committee |
|
$ |
23,275 |
|
$ |
22,663 |
GRF |
700-415 |
|
Poultry Inspection |
|
$ |
322,256 |
|
$ |
320,960 |
GRF |
700-418 |
|
Livestock Regulation Program |
|
$ |
1,357,487 |
|
$ |
1,563,898 |
GRF |
700-424 |
|
Livestock Testing and Inspections |
|
$ |
229,996 |
|
$ |
228,438 |
GRF |
700-499 |
|
Meat Inspection Program - State Share |
|
$ |
4,654,566 |
|
$ |
4,977,168 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
466,842 |
|
$ |
466,842 |
GRF |
700-503 |
|
Swine and Cattle Breeder Awards |
|
$ |
113,160 |
|
$ |
107,076 |
TOTAL GRF General Revenue Fund |
|
$ |
23,218,532 |
|
$ |
24,026,048 |
Federal Special Revenue Fund Group
3J4 |
700-607 |
|
Indirect Cost |
|
$ |
1,380,026 |
|
$ |
1,314,020 |
3R2 |
700-614 |
|
Federal Plant Industry |
|
$ |
1,607,887 |
|
$ |
1,682,330 |
326 |
700-618 |
|
Meat Inspection Service - Federal Share |
|
$ |
4,401,707 |
|
$ |
4,959,973 |
336 |
700-617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
181,774 |
|
$ |
181,774 |
382 |
700-601 |
|
Cooperative Contracts |
|
$ |
1,027,692 |
|
$ |
1,091,347 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
8,599,086 |
|
$ |
9,229,444 |
State Special Revenue Fund Group
4C9 |
700-605 |
|
Feed, Fertilizer, and Lime Inspection |
|
$ |
909,033 |
|
$ |
975,244 |
4D2 |
700-609 |
|
Auction Education |
|
$ |
30,476 |
|
$ |
30,476 |
4E4 |
700-606 |
|
Utility Radiological Safety |
|
$ |
69,016 |
|
$ |
73,059 |
4P7 |
700-610 |
|
Food Safety Inspection |
|
$ |
559,611 |
|
$ |
575,797 |
4R0 |
700-636 |
|
Ohio Proud Marketing |
|
$ |
125,297 |
|
$ |
133,614 |
4R2 |
700-637 |
|
Dairy Inspection Fund |
|
$ |
1,183,358 |
|
$ |
1,174,591 |
4T6 |
700-611 |
|
Poultry and Meat Inspection |
|
$ |
47,294 |
|
$ |
47,294 |
4T7 |
700-613 |
|
International Trade and Market Development Rotary |
|
$ |
161,991 |
|
$ |
166,356 |
4V5 |
700-615 |
|
Animal Industry Lab Fees |
|
$ |
626,633 |
|
$ |
633,097 |
493 |
700-603 |
|
Fruits and Vegetables Inspection Fees |
|
$ |
212,764 |
|
$ |
171,772 |
494 |
700-612 |
|
Agricultural Commodity Marketing Program |
|
$ |
166,536 |
|
$ |
169,867 |
496 |
700-626 |
|
Ohio Grape Industries |
|
$ |
1,048,667 |
|
$ |
1,071,099 |
497 |
700-627 |
|
Commodity Handlers Regulatory Program |
|
$ |
566,862 |
|
$ |
648,616 |
5B8 |
700-628 |
|
Auctioneers |
|
$ |
346,769 |
|
$ |
365,390 |
5H2 |
700-608 |
|
Metrology Lab |
|
$ |
74,674 |
|
$ |
138,624 |
5L8 |
700-604 |
|
Livestock Management Program |
|
$ |
250,000 |
|
$ |
250,000 |
578 |
700-620 |
|
Ride Inspection Fees |
|
$ |
634,099 |
|
$ |
650,774 |
579 |
700-630 |
|
Scale Certification |
|
$ |
230,047 |
|
$ |
230,047 |
652 |
700-634 |
|
Laboratory Services |
|
$ |
1,179,560 |
|
$ |
1,144,766 |
669 |
700-635 |
|
Pesticide Program |
|
$ |
2,108,049 |
|
$ |
2,181,491 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
10,530,736 |
|
$ |
10,831,974 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
42,348,354 |
|
$ |
44,087,466 |
The funds in appropriation item 700-401, Animal Disease
Control, may be used for the detection, prevention, and emergency
management of, and the education of the public regarding, Foot and
Mouth disease, Mad Cow disease, and West Nile virus.
On October 1, 2001, the unencumbered cash balances in the
Auction Education
Fund (Fund 4D2) and the Auction Licensing Fund
(Fund 5B8) shall be
transferred from the Department of Commerce to
the Department of
Agriculture. During the 90-day period before
the transfer, the Director of
Commerce and the Director of
Agriculture shall enter into an agreement and
take all steps
necessary to transfer the duties and responsibilities related
to
the licensing and oversight of auctioneers from the Department of
Commerce to the Department of Agriculture. The Director of
Commerce and the
Director of Agriculture shall recommend to the
Director of Budget and
Management any transfer of funds necessary
to carry out this transfer of
responsibilities.
On July 1, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund
4R2). The director shall cancel any existing encumbrances against
appropriation item 700-602, License Fees (Fund 4V0), and
reestablish them against appropriation item 700-637, Dairy
Inspection (Fund 4R2). The amounts of the reestablished
encumbrances are appropriated.
Section 18. AIR AIR QUALITY DEVELOPMENT AUTHORITY
4Z9 |
898-602 |
|
Small Business Ombudsman |
|
$ |
222,719 |
|
$ |
233,482 |
5A0 |
898-603 |
|
Small Business Assistance |
|
$ |
192,647 |
|
$ |
197,463 |
570 |
898-601 |
|
Operating Expenses |
|
$ |
243,070 |
|
$ |
258,383 |
TOTAL AGY Agency Fund Group |
|
$ |
658,436 |
|
$ |
689,328 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
658,436 |
|
$ |
689,328 |
Section 19. ADA DEPARTMENT OF ALCOHOL AND
DRUG ADDICTION SERVICES
GRF |
038-321 |
|
Operating Expenses |
|
$ |
1,500,549 |
|
$ |
1,548,211 |
GRF |
038-401 |
|
Alcohol and Drug Addiction Services |
|
$ |
29,742,355 |
|
$ |
28,946,504 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,327,357 |
|
$ |
1,292,427 |
TOTAL GRF General Revenue Fund |
|
$ |
32,570,261 |
|
$ |
31,787,142 |
5B7 |
038-629 |
|
TANF Transfer - Treatment |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
5EB |
038-630 |
|
TANF Transfer - Mentoring |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL GSF General Services Fund Group |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
Federal Special Revenue Fund Group
3G3 |
038-603 |
|
Drug Free Schools |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
3G4 |
038-614 |
|
Substance Abuse Block Grant |
|
$ |
65,062,211 |
|
$ |
65,062,211 |
3H8 |
038-609 |
|
Demonstration Grants |
|
$ |
3,093,075 |
|
$ |
3,093,075 |
3J8 |
038-610 |
|
Medicaid |
|
$ |
21,500,000 |
|
$ |
21,500,000 |
3N8 |
038-611 |
|
Administrative Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
93,655,286 |
|
$ |
93,655,286 |
State Special Revenue Fund Group
475 |
038-621 |
|
Statewide Treatment and Prevention |
|
$ |
15,100,000 |
|
$ |
14,550,000 |
5P1 |
038-615 |
|
Credentialing |
|
$ |
450,000 |
|
$ |
0 |
689 |
038-604 |
|
Education and Conferences |
|
$ |
245,000 |
|
$ |
245,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
15,795,000 |
|
$ |
14,795,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
147,020,547 |
|
$ |
145,237,428 |
AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, $4 million in each fiscal year shall be
allocated for
services to families, adults, and adolescents
pursuant to the
requirements of Am. Sub. H.B. 484 of the 122nd
General Assembly.
ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER
The foregoing appropriation item 038-629, TANF
Transfer-Treatment,
shall be used to provide substance abuse
prevention and treatment services to children, or their families,
whose income is at or below 200 per cent of the official income
poverty guideline.
The foregoing appropriation item 038-630, TANF
Transfer-Mentoring,
shall be used to fund adolescent youth
mentoring
programs for children, or their families, whose income
is at or
below 200 per cent of the official income poverty
guideline. The
Director of Alcohol and Drug Addiction Services
and the Director of Job and
Family Services
shall develop
operating and reporting guidelines
for these
programs.
PARENT AWARENESS TASK FORCE
The Parent Awareness Task Force shall study ways to engage
more parents in
activities, coalitions, and educational programs
in Ohio relating to alcohol
and other drug abuse prevention. Of
the foregoing appropriation item 038-404,
Prevention Services,
$30,000 in each fiscal year may be used to support the
functions
of the Parent Awareness Task Force.
PLAN TO EVALUATE PER CAPITA FORMULA
Not later than June 30, 2002, the Department of Alcohol and
Drug Addiction Services shall establish a plan to evaluate the
current per capita formula used in determining how state and
federal funds for alcohol and drug addiction services are
allocated under section 3793.04 of the Revised Code. The plan
shall evaluate all of the following:
(A) Whether population statistics alone should be used to
quantify the need for funding in a county;
(B) Whether other social and economic demographic indicators
should be utilized;
(C) The appropriateness of the current per capita formula.
Section 20. AMB AMBULANCE LICENSING BOARD
General Services Fund Group
4N1 |
915-601 |
|
Operating Expenses |
|
$ |
240,894 |
|
$ |
251,255 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
240,894 |
|
$ |
251,255 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
240,894 |
|
$ |
251,255 |
Section 21. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
4K9 |
891-609 |
|
Operating Expenses |
|
$ |
461,465 |
|
$ |
484,574 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
461,465 |
|
$ |
484,574 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
461,465 |
|
$ |
484,574 |
Section 22. ART OHIO ARTS COUNCIL
GRF |
370-100 |
|
Personal Services |
|
$ |
2,104,509 |
|
$ |
2,176,032 |
GRF |
370-200 |
|
Maintenance |
|
$ |
517,233 |
|
$ |
513,694 |
GRF |
370-300 |
|
Equipment |
|
$ |
21,843 |
|
$ |
21,693 |
GRF |
370-502 |
|
Program Subsidies |
|
$ |
13,199,273 |
|
$ |
13,199,273 |
TOTAL GRF General Revenue Fund |
|
$ |
15,842,858 |
|
$ |
15,910,692 |
General Services Fund Group
4B7 |
370-603 |
|
Per Cent for Art Acquisitions |
|
$ |
84,672 |
|
$ |
86,366 |
460 |
370-602 |
|
Gifts and Donations |
|
$ |
334,969 |
|
$ |
345,012 |
TOTAL GSF General Services Fund Group |
|
$ |
419,641 |
|
$ |
431,378 |
Federal Special Revenue Fund Group
314 |
370-601 |
|
Federal Programs |
|
$ |
862,000 |
|
$ |
862,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
862,000 |
|
$ |
862,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,124,499 |
|
$ |
17,204,070 |
A museum is not eligible to receive funds from appropriation
item 370-502,
Program Subsidies, if $8,000,000 or more in capital
appropriations were
appropriated by the state for the museum
between January 1, 1986, and
December 31, 2002.
PER CENT FOR ART ACQUISITIONS
The unobligated balance remaining from prior projects of
appropriation item 370-603, Per Cent for Art Acquisitions,
shall
be used by the Ohio Arts Council to pay for start-up costs
in
connection with the selection of artists of new Per Cent for
Art
projects.
Section 23. AFC OHIO ARTS AND SPORTS FACILITIES
COMMISSION
GRF |
371-321 |
|
Operating Expenses |
|
$ |
100,000 |
|
$ |
100,000 |
GRF |
371-401 |
|
Lease Rental Payments |
|
$ |
33,526,100 |
|
$ |
36,413,200 |
TOTAL GRF General Revenue Fund |
|
$ |
33,626,100 |
|
$ |
36,513,200 |
State Special Revenue Fund Group
4T8 |
371-601 |
|
Riffe Theatre Equipment Maintenance |
|
$ |
22,628 |
|
$ |
23,194 |
4T8 |
371-603 |
|
Project Administration |
|
$ |
924,075 |
|
$ |
921,868 |
TOTAL SSR State Special Revenue Group |
|
$ |
946,703 |
|
$ |
945,062 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
34,572,803 |
|
$ |
37,458,262 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
Appropriations to the Arts and Sports Facilities Commission
from the
General Revenue Fund include $69,939,300 for the biennium
for
appropriation item 371-401, Lease Rental Payments. This
appropriation shall be used for payments to the Ohio Building
Authority for the period July 1, 2001, to June 30, 2003, pursuant
to the primary leases and agreements for those buildings made
under Chapter 152. of the Revised Code which are the source of
funds pledged for bond service charges on related obligations
issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 371-603, Project
Administration,
shall be used by the Ohio Arts and Sports
Facilities Commission to
carry out its responsibilities pursuant
to this section and
Chapter 3383. of the Revised Code.
Within ten days after the effective date of this section, or
as soon as possible thereafter, the Executive Director of the Ohio
Arts and Sports Facilities Commission shall certify to the
Director of Budget and Management the amount of cash to be
transferred, up to the amount of the appropriation, from the Arts
Facilities Building Fund (Fund 030) and
the Sports Facilities
Building Fund (Fund 024) to the Arts and
Sports Facilities
Commission Administration Fund (Fund 4T8).
By July 10, 2002, or as soon as possible thereafter, the
Executive Director of the Arts and Sports Facilities Commission
shall certify to the Director of Budget and Management the amount
of cash to be transferred, up to the amount of the appropriation,
from the Arts Facilities Building Fund (Fund 030) and the Sports
Facilities Fund (Fund 024) to the Arts and Sports Administration
Fund (Fund 4T8).
Section 24. ATH ATHLETIC COMMISSION
General Services Fund Group
4K9 |
175-609 |
|
Athletic Commission - Operating |
|
$ |
140,088 |
|
$ |
144,343 |
TOTAL GSF General Services Fund Group |
|
$ |
140,088 |
|
$ |
144,343 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
140,088 |
|
$ |
144,343 |
Section 25. AGO ATTORNEY GENERAL
GRF |
055-321 |
|
Operating Expenses |
|
$ |
59,120,482 |
|
$ |
61,775,856 |
GRF |
055-405 |
|
Law-Related Education |
|
$ |
199,790 |
|
$ |
204,785 |
GRF |
055-406 |
|
Community Police Match and Law Enforcement Assistance |
|
$ |
3,013,464 |
|
$ |
3,111,336 |
GRF |
055-411 |
|
County Sheriffs |
|
$ |
620,506 |
|
$ |
636,019 |
GRF |
055-415 |
|
County Prosecutors |
|
$ |
520,084 |
|
$ |
533,086 |
TOTAL GRF General Revenue Fund |
|
$ |
63,474,326 |
|
$ |
66,261,082 |
General Services Fund Group
106 |
055-612 |
|
General Reimbursement |
|
$ |
14,997,546 |
|
$ |
15,786,163 |
107 |
055-624 |
|
Employment Services |
|
$ |
1,211,307 |
|
$ |
1,284,396 |
195 |
055-660 |
|
Workers' Compensation Section |
|
$ |
7,343,128 |
|
$ |
7,769,628 |
4Y7 |
055-608 |
|
Title Defect Rescission |
|
$ |
840,260 |
|
$ |
870,623 |
4Z2 |
055-609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
324,009 |
|
$ |
332,109 |
418 |
055-615 |
|
Charitable Foundations |
|
$ |
1,841,113 |
|
$ |
1,899,066 |
420 |
055-603 |
|
Attorney General Antitrust |
|
$ |
435,560 |
|
$ |
446,449 |
421 |
055-617 |
|
Police Officers' Training Academy Fee |
|
$ |
1,134,861 |
|
$ |
1,193,213 |
5A9 |
055-618 |
|
Telemarketing Fraud Enforcement |
|
$ |
51,100 |
|
$ |
52,378 |
590 |
055-633 |
|
Peace Officer Private Security Fund |
|
$ |
94,784 |
|
$ |
98,370 |
629 |
055-636 |
|
Corrupt Activity Investigation and Prosecution |
|
$ |
105,590 |
|
$ |
108,230 |
631 |
055-637 |
|
Consumer Protection Enforcement |
|
$ |
1,254,020 |
|
$ |
1,373,832 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
29,633,278 |
|
$ |
31,214,457 |
Federal Special Revenue Fund Group
3E5 |
055-638 |
|
Anti-Drug Abuse |
|
$ |
2,939,693 |
|
$ |
2,939,693 |
3R6 |
055-613 |
|
Attorney General Federal Funds |
|
$ |
1,929,110 |
|
$ |
1,998,972 |
306 |
055-620 |
|
Medicaid Fraud Control |
|
$ |
2,633,348 |
|
$ |
2,765,015 |
381 |
055-611 |
|
Civil Rights Legal Service |
|
$ |
334,249 |
|
$ |
354,304 |
383 |
055-634 |
|
Crime Victims Assistance |
|
$ |
14,500,000 |
|
$ |
15,225,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
22,336,400 |
|
$ |
23,282,984 |
State Special Revenue Fund Group
4L6 |
055-606 |
|
DARE |
|
$ |
3,830,137 |
|
$ |
3,927,962 |
402 |
055-616 |
|
Victims of Crime |
|
$ |
26,144,763 |
|
$ |
27,933,893 |
417 |
055-621 |
|
Domestic Violence Shelter |
|
$ |
14,139 |
|
$ |
14,492 |
419 |
055-623 |
|
Claims Section |
|
$ |
14,017,852 |
|
$ |
14,749,954 |
659 |
055-641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
834,417 |
|
$ |
880,751 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
44,841,308 |
|
$ |
47,507,052 |
Holding Account Redistribution Fund Group
R03 |
055-629 |
|
Bingo License Refunds |
|
$ |
5,200 |
|
$ |
5,200 |
R04 |
055-631 |
|
General Holding Account |
|
$ |
275,000 |
|
$ |
275,000 |
R05 |
055-632 |
|
Antitrust Settlements |
|
$ |
10,400 |
|
$ |
10,400 |
R18 |
055-630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
R42 |
055-601 |
|
Organized Crime Commission Account |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
1,240,600 |
|
$ |
1,240,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
161,525,912 |
|
$ |
169,506,175 |
The foregoing appropriation item 055-405, Law-Related
Education, shall be distributed directly to the Ohio Center for
Law-Related Education for the purposes of providing continuing
citizenship education activities to primary and secondary
students
and accessing additional public and private money for
new
programs.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Section Fund (Fund 195) shall
receive payments from the Bureau of Workers' Compensation and the
Ohio Industrial Commission at the beginning of each quarter of
each fiscal year to fund legal services to be provided to the
Bureau of Workers' Compensation and the Ohio Industrial
Commission
during the ensuing quarter. Such advance payment
shall be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer
payments at the beginning of each quarter for the support
of the
Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION
The foregoing appropriation item 055-636, Corrupt Activity
Investigation and Prosecution, shall be used as provided by
division (D)(2) of
section 2923.35 of the Revised Code to dispose
of the proceeds, fines, and
penalties credited to the Corrupt
Activity Investigation and Prosecution Fund,
which is created in
division (D)(1)(b) of section 2923.35 of the Revised
Code. If it
is determined that additional amounts are
necessary, the amounts
are appropriated.
COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE
In fiscal years 2002 and 2003, the Attorney General's Office
may
request that the Director of Budget and Management transfer
appropriation authority from appropriation Item 055-321, Operating
Expenses, to
appropriation item
055-406, Community Police Match
and Law
Enforcement Assistance.
The Director of Budget and
Management
shall then transfer
appropriation authority from
appropriation
item 055-321, Operating
Expenses, to appropriation
item 055-406,
Community Police Match
and Law Enforcement
Assistance. Moneys
transferred to
appropriation item 055-406
shall be used to pay
operating expenses
and to provide grants to
local law enforcement
agencies and
communities for the purpose of
supporting law
enforcement-related
activities.
Section 26. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
34,052,713 |
|
$ |
35,006,189 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
070-405 |
|
Electronic Data Processing - Auditing and Administration |
|
$ |
1,030,137 |
|
$ |
1,058,981 |
GRF |
070-406 |
|
Uniform Accounting Network/Technology Improvements Fund |
|
$ |
2,423,314 |
|
$ |
2,458,201 |
TOTAL GRF General Revenue Fund |
|
$ |
38,506,164 |
|
$ |
39,523,371 |
General Services Fund Group
109 |
070-601 |
|
Public Audit Expense - Intra-State |
|
$ |
9,497,201 |
|
$ |
9,629,588 |
422 |
070-601 |
|
Public Audit Expense - Local Government |
|
$ |
37,450,472 |
|
$ |
37,617,072 |
584 |
070-603 |
|
Training Program |
|
$ |
198,200 |
|
$ |
217,000 |
675 |
070-605 |
|
Uniform Accounting Network |
|
$ |
2,809,200 |
|
$ |
2,741,600 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
49,955,073 |
|
$ |
50,205,260 |
Holding Account Redistribution Fund Group
R06 |
070-604 |
|
Continuous Receipts |
|
$ |
204,400 |
|
$ |
209,510 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
204,400 |
|
$ |
209,510 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
88,665,637 |
|
$ |
89,938,141 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE
The foregoing appropriation item 070-403, Fiscal
Watch/Emergency Technical Assistance, shall be used for all
expenses incurred by the Office of the Auditor of State in its
role relating to fiscal watch or fiscal emergency activities under
Chapters 118. and 3316. of the Revised Code. Expenses shall
include, but shall not be limited to, the following: duties
related to the determination or termination of fiscal watch or
fiscal emergency of municipal corporations, counties, or townships
as outlined in Chapter 118. of the Revised Code and of school
districts as outlined in Chapter 3316. of the Revised Code;
development of preliminary accounting reports; performance of
annual forecasts; provision of performance audits; and
supervisory, accounting, or auditing services for the mentioned
public entities and school districts. The unencumbered balance of
appropriation item 070-403, Fiscal Watch/Fiscal Emergency
Technical Assistance, at the end of fiscal year 2002 is
transferred to fiscal year 2003 for use under the same
appropriation item.
ELECTRONIC DATA PROCESSING
The unencumbered balance of appropriation item 070-405,
Electronic Data Processing-Auditing and Administration, at the
end
of fiscal year 2002 is transferred to fiscal year 2003
for
use
under the same appropriation item.
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND
The foregoing appropriation item 070-406, Uniform
Accounting
Network/Technology Improvements Fund, shall be used to pay the
costs
of
developing and implementing the Uniform
Accounting
Network and
technology improvements for the Office of the Auditor
of State.
The unencumbered balance of the appropriation at
the
end of
fiscal year 2002 is transferred to fiscal year
2003 to pay
the costs of the developing and implementing the
Uniform
Accounting Network and technology improvements for the
Office of
the Auditor of State.
Section 27. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K9 |
877-609 |
|
Operating Expenses |
|
$ |
479,264 |
|
$ |
505,999 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
479,264 |
|
$ |
505,999 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
479,264 |
|
$ |
505,999 |
Section 28. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042-321 |
|
Budget Development and Implementation |
|
$ |
2,356,547 |
|
$ |
2,492,956 |
GRF |
042-401 |
|
Office of Quality Services |
|
$ |
583,551 |
|
$ |
606,924 |
GRF |
042-410 |
|
National Association Dues |
|
$ |
24,522 |
|
$ |
25,296 |
GRF |
042-412 |
|
Audit of Auditor of State |
|
$ |
44,160 |
|
$ |
46,080 |
TOTAL GRF General Revenue Fund |
|
$ |
3,008,780 |
|
$ |
3,171,255 |
General Services Fund Group
105 |
042-603 |
|
State Accounting |
|
$ |
9,554,743 |
|
$ |
9,934,755 |
4C1 |
042-601 |
|
Quality Services Academy |
|
$ |
125,000 |
|
$ |
125,000 |
TOTAL GSF General Services Fund Group |
|
$ |
9,679,743 |
|
$ |
10,059,755 |
State Special Revenue Fund Group
5N4 |
042-602 |
|
ERP Project Implementation |
|
$ |
6,600,000 |
|
$ |
2,600,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
6,600,000 |
|
$ |
2,600,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
19,288,523 |
|
$ |
15,831,011 |
Section 28.01. OFFICE OF QUALITY SERVICES
A portion of the foregoing appropriation item 042-401, Office
of Quality
Services, may be used to provide financial sponsorship
support for conferences
and showcases that promote quality
improvement efforts. These expenditures are
not subject to
Chapter
125. of the Revised Code.
The Office of Quality Services may cosponsor Ohio's Quality
Showcase. The
office may
grant funds to other sponsoring entities
for the purpose of conducting this
event, provided that the
grants
are used exclusively for the direct expenses
of the event.
Any state agency, at the discretion and with the approval of
the director or
other executive authority of the agency, may
provide financial or in-kind
support for Ohio's Quality Showcase
cosponsored by the Office of Quality
Services. Any financial
contribution made by an agency shall not exceed
$5,000 annually.
Of the foregoing appropriation item 042-603, State
Accounting, not more than $450,000 in fiscal year 2002 and
$350,000
in fiscal year 2003 shall be used to pay for centralized
audit
costs associated with either Single Audit Schedules or
financial statements prepared in conformance with generally
accepted accounting principles for the state.
Section 28.02. Prior to January 2002, the Director of Budget
and Management shall select one administrative department listed
in section 121.02 of the Revised Code, and one state agency with
fewer full-time equivalent personnel than any of the departments
listed in that section, to prepare a full zero-base budget for the
biennium ending June 30, 2005, shall inform the agencies of their
selection, and shall offer the two agencies substantial technical
assistance throughout the process of preparing their zero-base
budgets. Each of the agencies shall prepare a full zero-base
budget in such manner and according to such schedule as the
Director of Budget and Management requires. The zero-base budgets
shall, as the Director of Budget and Management determines, be in
addition to or in place of the estimates of revenue and proposed
expenditures that other state agencies are required to prepare
under section 126.02 of the Revised Code.
Section 29. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
GRF |
874-321 |
|
Operating Expenses |
|
$ |
3,293,519 |
|
$ |
3,312,263 |
TOTAL GRF General Revenue Fund |
|
$ |
3,293,519 |
|
$ |
3,312,263 |
General Services Fund Group
4G5 |
874-603 |
|
Capitol Square
Maintenance Expenses |
|
$ |
15,000 |
|
$ |
15,000 |
4S7 |
874-602 |
|
Statehouse Gift Shop/Events |
|
$ |
623,293 |
|
$ |
670,484 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
638,293 |
|
$ |
685,484 |
Underground Parking Garage
208 |
874-601 |
|
Underground Parking Garage Operating |
|
$ |
2,863,603 |
|
$ |
2,996,801 |
TOTAL UPG Underground Parking |
|
|
|
|
|
|
Garage |
|
$ |
2,863,603 |
|
$ |
2,996,801 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,795,415 |
|
$ |
6,994,548 |
Section 30. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS
General Services Fund Group
4K9 |
878-609 |
|
Operating Expenses |
|
$ |
561,949 |
|
$ |
591,724 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
561,949 |
|
$ |
591,724 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
561,949 |
|
$ |
591,724 |
Section 30.01. CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS
If the State Chiropractic Board refused to issue a
license to
practice chiropractic to an individual solely because
the
individual did not meet the examination requirements of
division
(B)(4)(b) or (c) of section 4734.20 of the Revised Code,
as
specified on and after the effective date of Am. Sub. H.B. 506
of
the 123rd General Assembly but before the effective date of
this
section, the Board shall reconsider the application and issue
or
refuse to issue a license according to the examination
requirements specified in division (B)(4)(b) or (c) of section
4734.20 of the Revised Code, as amended by this act.
Section 31. CIV OHIO CIVIL RIGHTS COMMISSION
GRF |
876-100 |
|
Personal Services |
|
$ |
9,159,420 |
|
$ |
9,159,421 |
GRF |
876-200 |
|
Maintenance |
|
$ |
987,372 |
|
$ |
987,372 |
GRF |
876-300 |
|
Equipment |
|
$ |
111,842 |
|
$ |
111,842 |
TOTAL GRF General Revenue Fund |
|
$ |
10,258,634 |
|
$ |
10,258,635 |
Federal Special Revenue Fund Group
334 |
876-601 |
|
Federal Programs |
|
$ |
3,702,577 |
|
$ |
4,284,113 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,702,577 |
|
$ |
4,284,113 |
State Special Revenue Fund Group
217 |
876-604 |
|
General Reimbursement |
|
$ |
20,440 |
|
$ |
20,951 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
20,440 |
|
$ |
20,951 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,981,651 |
|
$ |
14,563,699 |
Section 32. COM DEPARTMENT OF COMMERCE
GRF |
800-402 |
|
Grants-Volunteer Fire Departments |
|
$ |
912,500 |
|
$ |
793,750 |
GRF |
800-410 |
|
Labor and Worker Safety |
|
$ |
3,898,792 |
|
$ |
4,042,587 |
Total GRF General Revenue Fund |
|
$ |
4,811,292 |
|
$ |
4,836,337 |
General Services Fund Group
163 |
800-620 |
|
Division of Administration |
|
$ |
5,873,604 |
|
$ |
6,189,578 |
5F1 |
800-635 |
|
Small Government Fire Departments |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
6,123,604 |
|
$ |
6,439,578 |
Federal Special Revenue Fund Group
348 |
800-622 |
|
Underground Storage Tanks |
|
$ |
195,008 |
|
$ |
195,008 |
348 |
800-624 |
|
Leaking Underground Storage Tanks |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
349 |
800-626 |
|
OSHA Enforcement |
|
$ |
1,346,000 |
|
$ |
1,386,380 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,391,008 |
|
$ |
3,431,388 |
State Special Revenue Fund Group
4B2 |
800-631 |
|
Real Estate Appraisal Recovery |
|
$ |
69,870 |
|
$ |
71,267 |
4H9 |
800-608 |
|
Cemeteries |
|
$ |
260,083 |
|
$ |
273,465 |
4L5 |
800-609 |
|
Fireworks Training and Education |
|
$ |
10,526 |
|
$ |
10,976 |
4X2 |
800-619 |
|
Financial Institutions |
|
$ |
2,020,646 |
|
$ |
2,134,754 |
5B9 |
800-632 |
|
PI
& Security Guard Provider |
|
$ |
1,139,377 |
|
$ |
1,188,716 |
5K7 |
800-621 |
|
Penalty Enforcement |
|
$ |
2,000 |
|
$ |
2,000 |
543 |
800-602 |
|
Unclaimed Funds-Operating |
|
$ |
5,921,792 |
|
$ |
6,151,051 |
543 |
800-625 |
|
Unclaimed Funds-Claims |
|
$ |
24,890,602 |
|
$ |
25,512,867 |
544 |
800-612 |
|
Banks |
|
$ |
6,346,230 |
|
$ |
6,657,997 |
545 |
800-613 |
|
Savings Institutions |
|
$ |
2,790,960 |
|
$ |
2,894,399 |
546 |
800-610 |
|
Fire Marshal |
|
$ |
10,245,737 |
|
$ |
10,777,694 |
547 |
800-603 |
|
Real Estate Education/Research |
|
$ |
258,796 |
|
$ |
264,141 |
548 |
800-611 |
|
Real Estate Recovery |
|
$ |
150,000 |
|
$ |
150,000 |
549 |
800-614 |
|
Real Estate |
|
$ |
2,885,785 |
|
$ |
3,039,837 |
550 |
800-617 |
|
Securities |
|
$ |
4,611,800 |
|
$ |
4,864,800 |
552 |
800-604 |
|
Credit Union |
|
$ |
2,368,450 |
|
$ |
2,477,852 |
553 |
800-607 |
|
Consumer Finance |
|
$ |
2,305,339 |
|
$ |
2,258,822 |
556 |
800-615 |
|
Industrial Compliance |
|
$ |
22,176,840 |
|
$ |
23,415,776 |
6A4 |
800-630 |
|
Real Estate Appraiser-Operating |
|
$ |
522,125 |
|
$ |
548,006 |
653 |
800-629 |
|
UST Registration/Permit Fee |
|
$ |
1,072,795 |
|
$ |
1,121,632 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
90,049,753 |
|
$ |
93,816,052 |
Liquor Control Fund Group
043 |
800-601 |
|
Merchandising |
|
$ |
322,741,245 |
|
$ |
341,222,192 |
043 |
800-627 |
|
Liquor Control Operating |
|
$ |
16,250,400 |
|
$ |
15,801,163 |
043 |
800-633 |
|
Development Assistance Debt Service |
|
$ |
16,134,800 |
|
$ |
16,141,100 |
043 |
800-636 |
|
Revitalization Debt Service |
|
$ |
1,600,000 |
|
$ |
6,700,000 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
356,726,445 |
|
$ |
379,864,455 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
461,102,102 |
|
$ |
488,387,810 |
GRANTS-VOLUNTEER FIRE DEPARTMENTS
The foregoing appropriation item 800-402, Grants-Volunteer
Fire Departments, shall be used to make annual grants to volunteer
fire departments of up to $10,000, or up to $25,000 if
the
volunteer fire department provides service for an area
affected by
a natural
disaster. The grant program
shall be
administered
by
the Fire Marshal under the Department of
Commerce. The Fire
Marshal shall adopt rules necessary for the
administration and
operation of the grant program.
Notwithstanding section 3737.17 of the
Revised Code, upon the
request of the Director of Commerce, the
Director of Budget and
Management shall transfer $200,000 cash in
fiscal year 2002 and
$100,000 cash in fiscal year 2003 from the
State Fire Marshal Fund
(Fund 546) to the General Revenue Fund.
The Department of Commerce may designate a portion of
appropriation item 800-410, Labor and Worker
Safety, to be used to
match federal funding for the OSHA on-site
consultation program.
SMALL GOVERNMENT FIRE DEPARTMENTS
Upon the request of the Director of Commerce, the Director of
Budget and
Management shall transfer $250,000 cash in each fiscal
year from the State Fire Marshal Fund (Fund 546) within the
State
Special Revenue Fund
Group to the Small Government Fire
Departments Fund (Fund 5F1) within the
General Services Fund
Group.
Notwithstanding section 3737.17 of the Revised Code, the
foregoing
appropriation item 800-635, Small Government Fire
Departments, may be used
to provide loans to private fire
departments.
The foregoing appropriation item 800-621, Penalty
Enforcement,
shall be used to enforce sections 4115.03 to 4115.16
of the
Revised Code.
On July 1, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the Penalty Enforcement Fund that was in the custody of the
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is
created in the state treasury by section 4115.10 of the Revised
Code. The fund shall be used for deposit of moneys received from
penalties paid under section 4115.10 of the Revised Code.
The foregoing appropriation item 800-625, Unclaimed
Funds-Claims, shall be used to pay claims pursuant to section
169.08 of the Revised Code. If it is determined that additional
amounts are necessary, the amounts are appropriated.
INCREASED APPROPRIATION AUTHORITY - MERCHANDISING
The Director of Commerce may, upon concurrence by the
Director of Budget and
Management, submit to the Controlling Board
for approval a request for
increased appropriation authority for
appropriation item 800-601,
Merchandising.
On July 1, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control
Fund (Fund 043) created in section 4301.12 of the Revised Code.
Upon the completion of the transfer, the Salvage and Exchange
Fund, which was created by the Controlling Board during the
1973-1975 biennium, is abolished. The director shall cancel any
existing encumbrances against appropriation item 800-634, Salvage
and Exchange, and reestablish them against appropriation item
800-627, Liquor Control Operating.
DEVELOPMENT ASSISTANCE DEBT SERVICE
The foregoing appropriation item 800-633, Development
Assistance Debt Service, shall be used to meet all payments at the
times they are required to be made during the period from July 1,
2001, to June 30, 2003, for bond service charges on obligations
issued under section 166.08 of the Revised Code, but limited to
the aggregate amount of $32,275,900. If it is determined that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated, provided that the appropriation
does not
exceed $25,000,000 in any fiscal year, except as may be
needed for
payments on obligations issued to meet guarantees. The
General Assembly acknowledges that an appropriation for this
purpose is not required, but is made in this form and in this act
for record purposes only.
REVITALIZATION DEBT SERVICE
The foregoing appropriation item 800-636, Revitalization Debt
Service, shall be used to pay debt service and related financing
costs during the period from July 1, 2001, to June 30, 2003, on
obligations to be issued for revitalization purposes under Section
2o of Article VIII, Ohio Constitution, and implementing
legislation. If it is determined that additional appropriations
are necessary for this purpose, such amounts are hereby
appropriated.
The
General Assembly acknowledges: (A) the priority
of the pledge
of a
portion of receipts from that source to
obligations issued
and to
be issued and guarantees made and to be
made under Chapter
166. of
the Revised Code; and (B) that this
appropriation is
subject to
further consideration pursuant to
implementing
legislation.
ADMINISTRATIVE ASSESSMENTS
Notwithstanding any other provision of law to the contrary,
Fund 163, Administration, shall receive assessments from all
operating
funds of the department in accordance with procedures
prescribed by the
Director of Commerce and approved by the
Director of Budget and Management.
Section 33. OCC OFFICE OF CONSUMERS' COUNSEL
General Services Fund Group
5F5 |
053-601 |
|
Operating Expenses |
|
$ |
8,560,182 |
|
$ |
9,277,518 |
TOTAL GSF General Services Fund Group |
|
$ |
8,560,182 |
|
$ |
9,277,518 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,560,182 |
|
$ |
9,277,518 |
CONSUMERS' COUNSEL TRANSFER
On July 1, 2001, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $349,758.12 in
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the
General Revenue Fund.
Section 34. CEB CONTROLLING BOARD
GRF |
911-404 |
|
Mandate Assistance |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
GRF |
911-408 |
|
Ohio's Bicentennial Celebration |
|
$ |
3,000,000 |
|
$ |
5,000,000 |
GRF |
911-441 |
|
Ballot Advertising Costs |
|
$ |
600,000 |
|
$ |
600,000 |
TOTAL GRF General Revenue Fund |
|
$ |
5,600,000 |
|
$ |
7,600,000 |
State Special Revenue Fund Group
5E2 |
911-601 |
|
Disaster Services |
|
$ |
8,000,000 |
|
$ |
4,000,000 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
8,000,000 |
|
$ |
4,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,600,000 |
|
$ |
11,600,000 |
In transferring appropriations to or from appropriation
items
that have federal shares identified in
this act, the
Controlling
Board shall add or
subtract corresponding amounts of federal
matching funds at the
percentages indicated by the state and
federal division of the
appropriations in
this act.
Such
changes
are appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
Emergency Purposes Fund to a Department of Public Safety General
Revenue Fund appropriation item to provide funding for assistance
to political subdivisions made necessary by natural disasters or
emergencies. Such transfers may be requested and approved prior to
the occurrence of any specific natural disasters or emergencies in
order to facilitate the provision of timely assistance.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Office of Criminal Justice Services and the Public
Defender Commission may each request, upon approval of the
Director of Budget and Management, additional funds from the
Emergency Purposes Fund for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
foregoing appropriation item 911-601, Disaster Services, to a
Department of Public Safety General Revenue Fund appropriation
item to provide for assistance to political subdivisions made
necessary by natural disasters or emergencies. These transfers
may be requested and approved prior to the occurrence of any
specific natural disasters or emergencies in order to facilitate
the provision of timely assistance. The Emergency Management
Agency of the Department of Public Safety shall use the funding
for disaster aid requests that meet the Emergency Management
Agency?s criteria for assistance.
The foregoing appropriation item 911-601, Disaster Services,
shall be used by
the Controlling Board, pursuant to requests
submitted by state
agencies, to transfer cash and appropriation
authority to any
fund and appropriation item for
the payment of
state agency
program
expenses as follows:
(A) The southern Ohio flooding,
referred to as
FEMA-DR-1164-OH;
(B) The
flood/storm disaster referred
to as FEMA-DR-1227-OH;
(C) The Southern Ohio flooding, referred to as
FEMA-DR-1321-OH;
(D) The flooding referred to as FEMA-DR-1339-OH;
(E) The tornado/storms referred to as FEMA-DR-1343-OH;
(F) Other disasters declared by the Governor, if the
Director of
Budget and Management
determines that
sufficient funds
exist beyond the expected
program costs of these
disasters.
(A) The foregoing appropriation item 911-404, Mandate
Assistance, shall be used to provide financial assistance to
local
units of government, school districts, and fire
departments for
the cost of the following three unfunded state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated
by the Department of Rehabilitation and Correction and
the
Department of Youth Services;
(2) The cost, primarily to small villages and townships, of
providing firefighter training and equipment or gear;
(3) The cost to school districts of in-service training for
child abuse detection.
(B) The Department of Commerce, the Office of Criminal
Justice Services, and the Department of Education may prepare
and
submit to the Controlling Board one or more requests to
transfer
appropriations from appropriation item 911-404, Mandate
Assistance.
The
state
agencies charged with this administrative
responsibility are
listed below, as well as the estimated annual
amounts that the
commission may propose be used for each
program
of state financial
assistance.
|
|
ADMINISTERING |
|
ESTIMATED ANNUAL |
PROGRAM |
|
AGENCY |
|
AMOUNT |
Prosecution Costs |
|
Office of Criminal |
|
$200,000 |
|
|
Justice Services |
|
|
Firefighter Training Costs |
|
Department of Commerce |
|
$1,000,000 |
Child Abuse Detection Training Costs |
|
Department of Education |
|
$800,000 |
(C) Subject to the total amount appropriated in each fiscal
year
for appropriation item 911-404, Mandate Assistance, the
Department of Commerce, the Office of Criminal Justice Services,
and the Department of Education may request from the Controlling
Board that
amounts
smaller or larger than these estimated annual
amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by
the
Department of Commerce, the Office of Criminal Justice
Services, and the Department of Education, the Controlling Board
may transfer appropriations received by a state
agency
under this
section back to appropriation item 911-404, Mandate
Assistance, or
to one or more of the other programs of state
financial assistance
identified under this section.
(E) It is expected that not all costs incurred by local
units of
government, school districts, and fire departments under
each of
the three programs of state financial assistance
identified under
this section will be fully reimbursed by the
state. Reimbursement levels may
vary by program and shall be
based on:
the relationship between the appropriation transfers
requested
by the Department of Commerce, the Office of Criminal
Justice Services, and the Department of Education and provided by
the Controlling Board
for each
of the programs; the rules and
procedures established for
each
program by the administering state
agency;
and the actual costs incurred by local units of
government, school
districts, and fire departments.
(F) Each of these programs of state financial assistance
shall be
carried out as follows:
(a) Appropriations may be transferred to the Office of
Criminal
Justice Services to cover local prosecution costs for
aggravated
murder, murder, felonies of the first degree, and
felonies of
the second degree that occur on the grounds of
institutions
operated by the Department of Rehabilitation and
Correction and
the Department of Youth Services.
(b) Upon a delinquency filing in juvenile court or the
return of
an indictment for aggravated murder, murder, or any
felony of
the first or second degree that was committed at a
Department of
Youth Services or a Department of Rehabilitation and
Correction
institution, the affected county may, in accordance
with rules
that the Office of Criminal Justice Services shall
adopt, apply to the Office
of Criminal Justice Services for a
grant to
cover all documented costs that are incurred by the
county
prosecutor's office.
(c) Twice each year, the Office of Criminal Justice Services
shall designate
counties to
receive grants from those counties
that have submitted one or
more applications in compliance with
the rules that have been
adopted by the Office of Criminal Justice
Services for the receipt of such
grants. In each
year's first
round of grant awards, if sufficient
appropriations have been
made, up to a total of $100,000
may be awarded. In each year's
second round of grant
awards, the remaining appropriations
available for this purpose
may be awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties,
the first priority shall be given to counties with
cases involving
aggravated murder and murder, second priority
shall be given to
cases involving a felony of the first
degree, and third priority
shall be given to cases involving a
felony of the second degree.
Within these priorities, the grant
awards shall be based on the
order in which the applications
were received, except that
applications for cases involving a
felony of the first or second
degree shall not be considered in
more than two consecutive rounds
of grant awards.
(2) FIREFIGHTER TRAINING COSTS
Appropriations may be transferred to the Department of
Commerce
for use as full or partial reimbursement to local units
of
government and fire departments for the cost of firefighter
training and equipment or gear. In accordance with rules that
the
department shall adopt, a local unit of government or fire
department may apply to the department for a grant to cover all
documented costs that are incurred to provide firefighter
training
and equipment or gear. The department shall make grants
within
the limits of the funding provided, with priority given
to fire
departments that serve small villages and townships.
(3) CHILD ABUSE DETECTION TRAINING COSTS
Appropriations may be transferred to the Department of
Education
for disbursement to local school districts as full or
partial
reimbursement for the cost of providing in-service
training for
child abuse detection. In accordance with rules that
the
department shall adopt, a local school district may apply to
the
department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection.
The department shall make grants within the limits of
the funding
provided.
(G) Any moneys allocated within appropriation item 911-404,
Mandate Assistance, not fully utilized may, upon application
of
the Department of Education, and with the approval
of the
Controlling
Board, be disbursed to boards of
county
commissioners
to provide reimbursement for office space,
equipment, and
related
mandated expenses for educational service
centers.
The
amount to be disbursed to each
county shall be allocated
proportionately to the ADM of the
educational
service center for
which a board of county
commissioners is required to provide an
office under section
3319.19
of the Revised Code.
OHIO'S BICENTENNIAL CELEBRATION
The foregoing appropriation item 911-408, Ohio's Bicentennial
Celebration, shall be distributed according to a plan approved by
the
Ohio Bicentennial Commission. Pursuant to requests submitted
by
the Ohio Bicentennial Commission, the Controlling Board may
approve transfers from the foregoing appropriation item 911-408,
Ohio's Bicentennial Celebration, to appropriation item 360-503,
Ohio Bicentennial Commission, or to other new or existing
appropriation items of a state agency or other entity as specified
by the commission.
Pursuant to requests submitted by the Ohio Ballot Board, the
Controlling Board
shall approve transfers from the foregoing
appropriation item 911-441, Ballot
Advertising Costs, to an Ohio
Ballot Board appropriation item in order to reimburse
county
boards of
elections for the cost of public notices associated with
statewide
ballot initiatives.
Of the foregoing appropriation item 911-441, Ballot
Advertising Costs, the
Director of Budget and Management shall
transfer any amounts that are not
needed for the purpose of
reimbursing county boards of elections for the cost
of public
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance.
Section 35. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
4K9 |
879-609 |
|
Operating Expenses |
|
$ |
2,528,489 |
|
$ |
2,728,359 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
2,528,489 |
|
$ |
2,728,359 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,528,489 |
|
$ |
2,728,359 |
Section 36. CSW COUNSELOR AND SOCIAL WORKERS BOARD
General Services Fund Group
4K9 |
899-609 |
|
Operating Expenses |
|
$ |
907,772 |
|
$ |
953,563 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
907,772 |
|
$ |
953,563 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
907,772 |
|
$ |
953,563 |
Section 37. CLA COURT OF CLAIMS
GRF |
015-321 |
|
Operating Expenses |
|
$ |
2,953,045 |
|
$ |
3,035,730 |
TOTAL GRF General Revenue Fund |
|
$ |
2,953,045 |
|
$ |
3,035,730 |
State Special Revenue Fund Group
5K2 |
015-603 |
|
CLA Victims of Crime |
|
$ |
1,891,183 |
|
$ |
1,602,716 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,891,183 |
|
$ |
1,602,716 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,844,228 |
|
$ |
4,638,446 |
Section 38. CJS OFFICE OF CRIMINAL JUSTICE SERVICES
GRF |
196-401 |
|
Criminal Justice Information System |
|
$ |
772,236 |
|
$ |
798,575 |
GRF |
196-403 |
|
Violence Prevention |
|
$ |
292,891 |
|
$ |
277,924 |
GRF |
196-405 |
|
Family Violence Prevention Program |
|
$ |
775,000 |
|
$ |
775,000 |
GRF |
196-424 |
|
Operating Expenses |
|
$ |
1,655,987 |
|
$ |
1,840,186 |
TOTAL GRF General Revenue Fund |
|
$ |
3,496,114 |
|
$ |
3,691,685 |
General Services Fund Group
4P6 |
196-601 |
|
General Services |
|
$ |
107,310 |
|
$ |
109,992 |
TOTAL GSF General Services Fund Group |
|
$ |
107,310 |
|
$ |
109,992 |
Federal Special Revenue Fund Group
3L5 |
196-604 |
|
Justice Programs |
|
$ |
29,464,972 |
|
$ |
29,494,089 |
3U1 |
196-602 |
|
Juvenile Justice Program |
|
$ |
250,000 |
|
$ |
0 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
29,714,972 |
|
$ |
29,494,089 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
33,318,396 |
|
$ |
33,295,766 |
The Office of Criminal Justice Services shall
make all
efforts to maximize the amount of funding available for
the
defense of indigent persons.
CRIMINAL JUSTICE INFORMATION SYSTEM
The foregoing appropriation item 196-401, Criminal Justice
Information System,
shall be used by the Office of Criminal
Justice Services to work on a
plan to improve Ohio's criminal
justice information systems. The Director of
Criminal Justice
Services shall evaluate the progress of this
plan and issue a
report to the Governor, the Speaker and the Minority Leader
of the
House of
Representatives, the President and the Minority Leader of
the Senate, the
Criminal Justice Policy
Board, and the Legislative
Service Commission
by the first
day of January of each year of the
two-year biennium beginning
July 1, 2001, and ending June 30,
2003.
Of the foregoing appropriation item 196-424, Operating
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in
fiscal year
2003 shall be used for the purpose of matching federal
funds.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
The foregoing appropriation item 196-602, Juvenile Justice
Program, shall be used to fund and close out the Juvenile
Accountability Incentive Block Grant Program for federal fiscal
year 1999.
Section 39. DEN STATE DENTAL BOARD
General Services Fund Group
4K9 |
880-609 |
|
Operating Expenses |
|
$ |
1,250,703 |
|
$ |
1,281,056 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,250,703 |
|
$ |
1,281,056 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,250,703 |
|
$ |
1,281,056 |
Section 40. BDP BOARD OF DEPOSIT
General Services Fund Group
4M2 |
974-601 |
|
Board of Deposit |
|
$ |
838,000 |
|
$ |
838,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
838,000 |
|
$ |
838,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
838,000 |
|
$ |
838,000 |
BOARD OF DEPOSIT EXPENSE FUND
Upon receiving certification of
expenses from the Treasurer
of State, the Director of Budget and Management
shall transfer
cash from the Investment Earnings Redistribution Fund (Fund 608)
to
the Board of Deposit Expense Fund (Fund 4M2).
The latter fund
shall
be used to pay for banking charges and
fees required for the
operation of the State of Ohio Regular Account.
Section 41. DEV DEPARTMENT OF DEVELOPMENT
GRF |
195-100 |
|
Personal Services |
|
$ |
2,651,334 |
|
$ |
2,920,941 |
GRF |
195-200 |
|
Maintenance |
|
$ |
589,524 |
|
$ |
601,314 |
GRF |
195-300 |
|
Equipment |
|
$ |
108,161 |
|
$ |
110,324 |
GRF |
195-401 |
|
Thomas Edison Program |
|
$ |
20,000,000 |
|
$ |
20,000,000 |
GRF |
195-404 |
|
Small Business Development |
|
$ |
2,452,342 |
|
$ |
2,529,843 |
GRF |
195-405 |
|
Minority Business Development Division |
|
$ |
2,278,888 |
|
$ |
2,297,314 |
GRF |
195-406 |
|
Transitional and Permanent Housing |
|
$ |
2,770,145 |
|
$ |
2,770,155 |
GRF |
195-407 |
|
Travel and Tourism |
|
$ |
6,345,500 |
|
$ |
6,448,399 |
GRF |
195-408 |
|
Coal Research Development |
|
$ |
210,498 |
|
$ |
233,237 |
GRF |
195-409 |
|
Utility Payment Administration |
|
$ |
666,033 |
|
$ |
701,173 |
GRF |
195-412 |
|
Business Development Grants |
|
$ |
8,033,935 |
|
$ |
9,092,851 |
GRF |
195-414 |
|
First Frontier Match |
|
$ |
490,000 |
|
$ |
490,000 |
GRF |
195-415 |
|
Regional Offices and Economic Development |
|
$ |
6,420,675 |
|
$ |
6,735,253 |
GRF |
195-416 |
|
Governor's Office of Appalachia |
|
$ |
5,466,954 |
|
$ |
4,975,126 |
GRF |
195-417 |
|
Urban/Rural Initiative |
|
$ |
980,000 |
|
$ |
980,000 |
GRF |
195-422 |
|
Technology Action |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
GRF |
195-431 |
|
Community Development Corporation Grants |
|
$ |
2,530,860 |
|
$ |
2,530,860 |
GRF |
195-432 |
|
International Trade |
|
$ |
5,390,000 |
|
$ |
5,551,700 |
GRF |
195-434 |
|
Investment in Training Grants |
|
$ |
12,500,000 |
|
$ |
12,500,000 |
GRF |
195-436 |
|
Labor/Management Cooperation |
|
$ |
1,146,805 |
|
$ |
1,152,752 |
GRF |
195-440 |
|
Emergency Shelter Housing Grants |
|
$ |
2,768,313 |
|
$ |
2,841,441 |
GRF |
195-441 |
|
Low and Moderate Income Housing |
|
$ |
19,000,000 |
|
$ |
19,000,000 |
GRF |
195-497 |
|
CDBG Operating Match |
|
|
|
|
|
|
|
|
|
State |
|
$ |
1,208,576 |
|
$ |
1,215,295 |
|
|
|
Federal |
|
$ |
5,200,000 |
|
$ |
6,500,000 |
|
|
|
CDBG Operating Match Total |
|
$ |
6,408,576 |
|
$ |
7,715,295 |
GRF |
195-498 |
|
State Energy Match |
|
$ |
153,558 |
|
$ |
158,548 |
GRF |
195-501 |
|
Appalachian Local Development Districts |
|
$ |
453,962 |
|
$ |
453,962 |
GRF |
195-502 |
|
Appalachian Regional Commission Dues |
|
$ |
219,912 |
|
$ |
219,912 |
GRF |
195-505 |
|
Utility Bill Credits |
|
$ |
7,350,000 |
|
$ |
7,350,000 |
GRF |
195-507 |
|
Travel
and Tourism Grants |
|
$ |
1,324,000 |
|
$ |
1,324,000 |
GRF |
195-510 |
|
Issue 1 Implementation |
|
$ |
1,000,000 |
|
$ |
1,500,000 |
GRF |
195-906 |
|
Coal Research and Development General Obligation Debt Service |
|
$ |
8,971,700 |
|
$ |
9,420,300 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
State |
|
$ |
137,481,675 |
|
$ |
140,104,700 |
Federal |
|
$ |
5,200,000 |
|
$ |
6,500,000 |
GRF TOTAL |
|
$ |
142,681,675 |
|
$ |
146,604,700 |
General Services Fund Group
135 |
195-605 |
|
Supportive Services |
|
$ |
9,038,988 |
|
$ |
9,531,707 |
136 |
195-621 |
|
International Trade |
|
$ |
100,000 |
|
$ |
24,915 |
685 |
195-636 |
|
General Reimbursements |
|
$ |
1,275,234 |
|
$ |
1,323,021 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
10,414,222 |
|
$ |
10,879,643 |
Federal Special Revenue Fund Group
3K8 |
195-613 |
|
Community Development Block Grant |
|
$ |
65,149,441 |
|
$ |
65,088,961 |
3K9 |
195-611 |
|
Home Energy Assistance Block Grant |
|
$ |
62,000,000 |
|
$ |
62,000,000 |
3K9 |
195-614 |
|
HEAP Weatherization |
|
$ |
10,412,041 |
|
$ |
10,412,041 |
3L0 |
195-612 |
|
Community Services Block Grant |
|
$ |
22,135,000 |
|
$ |
22,135,000 |
3V1 |
195-601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
308 |
195-602 |
|
Appalachian Regional Commission |
|
$ |
350,000 |
|
$ |
350,200 |
308 |
195-603 |
|
Housing and Urban Development |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
308 |
195-605 |
|
Federal Projects |
|
$ |
7,855,501 |
|
$ |
7,855,501 |
308 |
195-609 |
|
Small Business Administration |
|
$ |
3,799,626 |
|
$ |
3,799,626 |
308 |
195-618 |
|
Energy Federal Grants |
|
$ |
2,803,560 |
|
$ |
2,803,560 |
335 |
195-610 |
|
Oil Overcharge |
|
$ |
8,500,000 |
|
$ |
8,500,000 |
380 |
195-622 |
|
Housing Development Operating |
|
$ |
4,507,212 |
|
$ |
4,696,198 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
232,512,381 |
|
$ |
232,641,087 |
State Special Revenue Fund Group
4F2 |
195-639 |
|
State Special Projects |
|
$ |
1,052,762 |
|
$ |
1,079,082 |
4H4 |
195-641 |
|
First Frontier |
|
$ |
600,000 |
|
$ |
650,000 |
4S0 |
195-630 |
|
Enterprise Zone Operating |
|
$ |
211,900 |
|
$ |
211,900 |
4S1 |
195-634 |
|
Job Creation Tax Credit Operating |
|
$ |
372,700 |
|
$ |
375,800 |
4W1 |
195-646 |
|
Minority Business Enterprise Loan |
|
$ |
2,572,960 |
|
$ |
2,580,597 |
444 |
195-607 |
|
Water and Sewer Commission Loans |
|
$ |
511,000 |
|
$ |
523,775 |
445 |
195-617 |
|
Housing Finance Operating |
|
$ |
3,782,808 |
|
$ |
3,968,184 |
450 |
195-624 |
|
Minority Business Bonding Program Administration |
|
$ |
13,232 |
|
$ |
13,563 |
451 |
195-625 |
|
Economic Development Financing Operating |
|
$ |
2,062,451 |
|
$ |
2,143,918 |
5M4 |
195-659 |
|
Universal Service |
|
$ |
160,000,000 |
|
$ |
160,000,000 |
5M5 |
195-660 |
|
Energy Efficiency Revolving Loan |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
611 |
195-631 |
|
Water and Sewer Administration |
|
$ |
15,330 |
|
$ |
15,713 |
617 |
195-654 |
|
Volume Cap Administration |
|
$ |
200,000 |
|
$ |
200,000 |
646 |
195-638 |
|
Low and Moderate Income Housing Trust Fund |
|
$ |
21,539,552 |
|
$ |
22,103,807 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
204,934,695 |
|
$ |
205,866,339 |
Facilities Establishment Fund
037 |
195-615 |
|
Facilities Establishment |
|
$ |
56,701,684 |
|
$ |
58,119,226 |
4Z6 |
195-647 |
|
Rural Industrial Park Loan |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5D1 |
195-649 |
|
Port Authority Bond Reserves |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
5D2 |
195-650 |
|
Urban Redevelopment Loans |
|
$ |
10,000,000 |
|
$ |
10,475,000 |
5H1 |
195-652 |
|
Family Farm Loan Guarantee |
|
$ |
2,246,375 |
|
$ |
2,246,375 |
TOTAL 037 Facilities |
|
|
|
|
|
|
Establishment Fund |
|
$ |
76,448,059 |
|
$ |
78,340,601 |
Coal Research/Development Fund
046 |
195-632 |
|
Coal Research and Development Fund |
|
$ |
12,847,178 |
|
$ |
13,168,357 |
TOTAL 046 Coal Research/ |
|
|
|
|
|
|
Development Fund |
|
$ |
12,847,178 |
|
$ |
13,168,357 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
679,838,210 |
|
$ |
687,500,727 |
Section 41.01. WASHINGTON OFFICE
Of the foregoing appropriation items 195-100, Personal
Services, 195-200, Maintenance, and 195-300, Equipment, no more
than $335,700 in fiscal year 2002 and $335,700 in fiscal year
2003
may be transferred to the General Reimbursement Fund (Fund
685) to
support the Washington Office. The transfer shall be
made using
an intrastate transfer voucher.
The foregoing appropriation item 195-401, Thomas Edison
Program,
shall be used
for the purposes of sections 122.28 to
122.38 of the Revised Code
in order to
provide funds for
cooperative public and private efforts in
technological
innovation
to promote the development and transfer of technology
by and to
Ohio businesses that will lead to the creation of jobs, and to
provide for the
administration of this program by the Technology
Division.
Of the foregoing appropriation item 195-401, Thomas Edison
Program, not more
than $2,153,282 in fiscal year 2002 and
$2,228,537 in fiscal year
2003 shall be used for the Technology
Division's operating
expenses in administering this program.
Of the foregoing appropriation item 195-401, Thomas Edison
Program, $187,500 in each fiscal year shall be used for the
establishment of an e-logistics port at Rickenbacker Port
Authority.
Section 41.02. SMALL BUSINESS DEVELOPMENT
The foregoing appropriation item 195-404, Small Business
Development, shall be
used to ensure that the unique needs and
concerns of small
businesses are
addressed.
The foregoing appropriation shall be used to provide grants
to
local
organizations to support the operation of Small Business
Development Centers,
and other local economic development activity
promoting small business and for
the cost of administering the
program. The centers shall provide technical,
financial, and
management consultation for small business, and facilitate
access
to state and federal programs. These funds shall be used as
matching
funds for grants from the United States Small Business
Administration and
other federal
agencies, pursuant to Public Law
No. 96-302 (1980) as amended by
Public Law No. 98-395
(1984), and
regulations and policy guidelines for these programs.
In addition, the Office of Small Business shall operate the
One-Stop Business
Permit Center, the Women's Business Resource
Program, support
government
procurement assistance, and implement
and coordinate the duties
imposed on the
Department of Development
by Am. Sub. S.B. 239 of the 115th
General Assembly.
MINORITY BUSINESS DEVELOPMENT DIVISION
Of the foregoing appropriation item 195-405, Minority
Business Development
Division, no less than $1,060,000 in each
fiscal year shall be used to fund
minority contractors and
business assistance organizations. The Minority
Business
Development Division shall determine which cities need minority
contractors and business assistance organizations by utilizing
United States Census
Bureau data and zip codes to locate the
highest
concentrations of minority
businesses. The Minority
Business
Development Division also shall determine
the numbers of
minority
contractors and business assistance organizations
necessary and
the amount of funding to be provided each. In
addition, the
Minority Business Development Division shall
continue to plan and
implement
business conferences.
Section 41.03. TRANSITIONAL AND PERMANENT HOUSING PROGRAM
Of the foregoing appropriation item 195-406, Transitional and
Permanent
Housing, the Office of Housing and Community
Partnerships shall
make grants to
local governments and nonprofit
organizations for the
acquisition,
rehabilitation, renovation,
construction, conversion, operating,
and
supportive services costs
for both new and existing transitional
and
permanent housing
for
the homeless.
COAL RESEARCH DEVELOPMENT
The foregoing appropriation item 195-408, Coal Research
Development, shall be
used for the administrative costs of the
Coal Development Office
within the Technology Division and for
grants that encourage, promote, and
assist the use of Ohio coal
pursuant to section 1551.32 of the Revised
Code.
UTILITY PAYMENT ADMINISTRATION
The foregoing appropriation item 195-409, Utility Payment
Administration, shall be used for the administrative costs
necessary to provide utility and fuel assistance benefits to
eligible low-income Ohio households with elderly and disabled
members.
Section 41.04. BUSINESS DEVELOPMENT
The foregoing appropriation item 195-412, Business
Development Grants, shall be used as an incentive for attracting
and
retaining business opportunities for the state. Any such
business opportunity, whether new, expanding, or relocating in
Ohio, is eligible for funding. The project must create or retain
a significant number of jobs for Ohioans. Grant awards may be
considered only when (1) the project's viability hinges on an
award of appropriation item 195-412, Business Development Grants,
funds; (2) all
other public
or private sources of financing have
been considered;
or (3) the
funds act as a catalyst for the
infusion into the
project of
other financing sources.
The department's primary goal shall be to award funds to
political subdivisions of the state for off-site infrastructure
improvements. In order to meet the particular needs of economic
development in a region, the department may elect to award funds
directly to a business for on-site infrastructure
improvements.
Infrastructure improvements mean
improvements to water
system
facilities, sewer and sewage
treatment facilities, electric
or gas
service facilities, fiber optic
facilities, rail
facilities, site
preparation, and parking
facilities. The
Director of Development
may recommend the funds be used in an
alternative manner when
deemed appropriate to meet an
extraordinary economic development
opportunity or need.
The foregoing appropriation item 195-412, Business
Development Grants, may be expended only after the submission of a
request to the Controlling Board by the Department of Development
outlining the planned use of the funds, and the subsequent
approval of the request by the Controlling Board.
The foregoing appropriation item 195-412, Business
Development Grants, may be used for, but is not limited to,
construction, rehabilitation, and acquisition projects for rail
freight assistance as requested by the Department of
Transportation. The Director of Transportation shall submit the
proposed projects to the Director of Development for an
evaluation
of potential economic benefit.
Section 41.05. FIRST FRONTIER MATCH
The foregoing appropriation item 195-414, First Frontier
Match,
shall be used
as matching funds to targeted counties for
the purpose of marketing
state, regional, and local
characteristics that may attract economic
development.
Targeted
counties
mean counties that have a population of less
than
175,000
residents. The appropriation may be used either
for
marketing
programs by
individual targeted counties or regional
marketing
campaigns, which are
marketing programs in
which at least one
targeted county is participating
with one or
more other targeted
counties or larger counties.
REGIONAL OFFICES AND ECONOMIC DEVELOPMENT
The foregoing appropriation item 195-415, Regional Offices
and Economic
Development, shall be used for the operating
expenses
of the Economic Development Division and the regional
economic
development offices and for grants for cooperative economic
development ventures.
Section 41.06. GOVERNOR'S OFFICE OF APPALACHIAN OHIO
The foregoing appropriation item 195-416, Governor's
Office
of
Appalachia,
shall be used for the administrative costs of
planning and
liaison activities
for the Governor's Office of
Appalachian Ohio. Funds not
expended for liaison
and training
activities may be expended for special project
grants within the
Appalachian Region.
Of the foregoing appropriation item 195-416, Governor's
Office of
Appalachia,
up to $250,000 each fiscal year shall be
used to match
federal funds
from the Appalachian Development
Commission to provide job
training to impact
the Appalachian
Region.
Of the foregoing appropriation item 195-416, Governor's
Office of Appalachia, $4,400,000 in each fiscal year shall
be
used
in conjunction with other federal and state funds to provide
financial
assistance to projects in Ohio's Appalachian counties in
order to further the goals of the Appalachian Regional
Commission.
Such projects and project sponsors shall meet
Appalachian Regional
Commission eligibility
requirements. Grants shall be administered
by the Department of
Development.
Of the foregoing appropriation item 195-416, Governor's
Office of Appalachia, $500,000 in fiscal year 2002 shall be used
by the Appalachian Energy Grant Authority to make grants to
eligible applicants to enhance and maintain the economic welfare
of the Appalachian Region through the support of manufacturing in
the region.
The foregoing appropriation item 195-417, Urban/Rural
Initiative, shall be
used to make grants in accordance with
sections 122.19 to 122.22 of the Ohio
Revised Code.
Prior to the release of funds from appropriation item
195-422,
Technology Action, each grant award shall first obtain
approval from
eight members of the Technology Action Board and
from the Controlling
Board.
The Technology Action Board shall consist of fourteen
members. The following ten members shall be
appointed by the
Governor with the advice and consent of
the
Senate. Six members
shall be recognized
technology
and business leaders from the
following sectors
covering the
state: Northeast, Southeast,
Northwest, Central,
Southwest, and
the Miami Valley Area. One
member shall come from
the Wright
Patterson Air Force Laboratory,
one member shall come from the
NASA Glenn
Research Center, one
member shall come from the Inter-University
Council, and
one
member shall be the current Director of the
Edison Centers
Technology Council.
The chair of the Technology
Action Board
shall
be the
Governor's Science and Technology
Advisor, with staff
and
other
support as needed from the
Department of Development's
Technology
Division and from the Board
of Regents' Academic and
Access
Division. In addition, the
Directors of Development and
Transportation (or their designees),
and the Chancellor of the
Board of
Regents (or the Chancellor's designee), shall
serve as
ex-officio members of the Technology Action Board.
The Technology Action Board, in accordance with Chapter
119.
of the Revised Code, shall adopt rules governing the Board's grant
award program, including rules specifying application procedures
for and standards for grant awards under the program and rules
prescribing the form of the application for a grant award under
the program. The rules shall require grant awards under the
program to be used by only the applicant to whom a grant is
awarded and only for the specific purposes stated by the applicant
in the approved application for the grant.
Of the foregoing appropriation item 195-422, Technology
Action, not more than
six per cent in each fiscal year shall be
used
for
operating expenditures in
administering this program.
In addition to the six per cent for operating expenditures,
an additional administrative amount, not to exceed $1,500,000
within the biennium, shall be used for research, analyses, and
marketing efforts deemed necessary to receive and disseminate
information about science and technology related opportunities.
Of the foregoing appropriation item 195-422, Technology
Action, $500,000 in each fiscal year shall be used for the
EMTEK/Delphi Project for Wire Break Technology.
Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS
Of the foregoing appropriation item 195-431, Community
Development Corporation
Grants, a portion of funds in each fiscal
year of the biennium
shall be used
to
make grants to the Ohio
Community Development Finance Fund, a
nonprofit
corporation, in
order to leverage private-sector funds to assist
nonprofit
development organizations to create affordable housing and
permanent jobs in
distressed areas of the state. The remaining
moneys shall be
used to provide
funds to assist local community
development corporations to develop
affordable
housing programs
and economic development programs in their
neighborhoods, and
for
operating costs.
Of the foregoing appropriation item 195-431, Community
Development Corporation
Grants, not less than $100,000 in each
fiscal year shall be used
to provide
training, technical
assistance, and capacity building assistance
to nonprofit
development organizations in underserved areas of the state.
For
grants
awarded in each fiscal year of the biennium, priority shall
be
given to proposals submitted by nonprofit development
organizations from
underserved areas of the state.
Section 41.08. INTERNATIONAL TRADE
The foregoing appropriation item 195-432, International
Trade, shall be used
to operate and to maintain Ohio's
out-of-state trade offices.
The Director of Development may enter into contracts with
foreign
nationals to staff foreign offices. Such contracts may be
paid
in local currency or United States currency and shall be
exempt from the
provisions of
section 127.16 of the Revised Code.
The director also may
establish foreign currency accounts in
accordance with section 122.05 of the
Revised Code for the
payment
of expenses related to the operation and maintenance of
the
foreign trade offices.
The foregoing appropriation item 195-432, International
Trade, shall be used to fund the International Trade Division and
to
assist Ohio manufacturers and agricultural producers in
exporting to
foreign countries in conjunction with the Department
of
Agriculture.
Of the foregoing appropriation item 195-432, International
Trade, up to $35,000 may be used to purchase gifts for
representatives of foreign governments or dignitaries of foreign
countries.
Section 41.09. OHIO INVESTMENT IN TRAINING PROGRAM
The foregoing appropriation
item 195-434, Investment in
Training
Grants, shall be used to promote
industrial training
through
training grants for the reimbursement
of eligible training
expenses.
Section 41.10. EMERGENCY SHELTER HOUSING GRANTS
(A) As used in this section,
"emergency shelter housing"
means a
structure
suitable for the temporary housing of the
homeless and the
provision of, or
referral to, supportive
services. Shelters that restrict
admission to victims
of domestic
violence, runaways, or alcohol or substance abusers
shall not be
considered emergency shelter housing.
(B) The foregoing appropriation item 195-440, Emergency
Shelter Housing
Grants, shall be used by the Office of Housing and
Community Partnerships in
the Department of Development to make
grants to private, nonprofit
organizations to provide emergency
shelter housing for the homeless. The
department shall distribute
the grants pursuant to rules adopted by the
Director of
Development. The director may amend or rescind
the rules and may
adopt other rules necessary to implement this section. In awarding
grants, the department shall give preference to organizations
applying to fund existing emergency shelter housing.
The department shall notify each organization that applied
for a grant under
this section of the amount of its grant award,
if any. To receive a grant,
the organization shall provide
matching funds equal to 50 per cent of the
total grant it was
awarded. The organization shall expend its grant for
shelter
operations and supportive services, which include employment
assistance, case management, information and referral services,
transportation, and clothing. In providing employment assistance,
the
organization shall, at a minimum, refer persons to the
Department of Job and Family Services.
LOW AND MODERATE INCOME HOUSING
The Director of Budget and Management, after consulting with
the Director of Development, shall transfer up to $19,000,000 from
appropriation item 195-441, Low and Moderate Income Housing, to
appropriation item 195-638, Low and Moderate Income Housing Trust
Fund. This transfer shall be made via an intrastate transfer
voucher.
TANF TRANSFER TO CDBG OPERATING MATCH
The Office of Housing and Community Partnerships of the
Department of
Development shall use $5,200,000 of appropriation
authority transferred from
appropriation item 600-689, TANF Block
Grant, in the Department of Job and
Family Services in fiscal year
2002 to appropriation item 195-497, CDBG
Operating Match, in the
Department of Development, and $6,500,000 of
appropriation
authority transferred from appropriation item 600-689, TANF
Block
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG
Operating Match, to provide grants supportive services for
low-income families related to housing or homelessness, including
housing counseling; to provide grants to nonprofit organizations
to
assist
families with incomes at or below 200 per cent of the
federal poverty
guidelines with down payment assistance for
homeownership, including the
purchase of mobile homes; to provide
emergency home repair funding for
families with incomes at or
below 200 per cent of the federal poverty
guideline; to provide
operating support for family emergency shelter
programs; and to
provide emergency rent and mortgage assistance for families
with
incomes at or below 200 per cent of the federal poverty guideline.
TANF funds shall not be used to match federal funds.
The Department of Development shall comply with all TANF
requirements,
including reporting requirements and timelines, as
specified in state and
federal laws, federal regulations, state
rules, and the Title IV-A state
plan, and is responsible for
payment of any adverse audit finding, final
disallowance of
federal financial participation, or other sanction or
penalty
issued by the federal government or other entity concerning these
funds.
No more than five per cent of transferred funds may be used
by the
department for administrative expenses of these programs.
Transfer of funds
between these programs shall first obtain
approval of the Controlling Board.
As used in this section, "federal poverty guideline" means
the poverty
guideline as defined by the United States Office of
Management and Budget
and revised by the United States Secretary
of Health and Human Services in
accordance with section 673 of the
"Community Services Block Grant Act," 95
Stat. 511 (1981), 42
U.S.C.A. 9902, as amended.
The foregoing appropriation item 195-505, Utility Bill
Credits, shall be used to provide utility and fuel assistance to
eligible low-income Ohio households with elderly and disabled
members.
Section 41.11. TRAVEL AND TOURISM GRANTS
The foregoing appropriation item 195-507, Travel and Tourism
Grants, shall be
used to provide grants to local organizations to
support various local
travel and tourism events in Ohio.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, up to $200,000 in each fiscal year of the biennium
may be used to support the outdoor dramas Trumpet in the Land,
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;
$50,000 in each fiscal year shall be used for the Greater
Cleveland Film Commission; $50,000 in each fiscal year shall be
used for the Cincinnati Film Commission; $50,000 in each fiscal
year shall be used for the American Classical Music Hall of Fame;
$100,000 in each fiscal year shall be used for the Ottawa County
Visitors Bureau, the Sandusky/Erie County Visitors and Convention
Bureau, and the Lorain County Visitors Bureau for collaborative
efforts to promote tourism; $50,000 in each fiscal year shall be
used for the Ohio River Trails; and
$500,000 in each
fiscal year
shall be used for grants to the
International Center
for the
Preservation of Wild Animals.
The foregoing appropriation item 195-510, Issue 1
Implementation, shall be used to begin the implementation of
Article VIII, Section 2o of the Ohio Constitution.
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-906, Coal Research and
Development General Obligation Debt Service shall be used to pay
all debt service and financing costs at the times they are
required to be made under sections 151.01 and 151.07 of the
Revised Code during the period from July 1, 2001, to June 30,
2003. The Office of the Sinking Fund or the Director of Budget
and Management shall effectuate the required payments by an
intrastate transfer voucher.
Section 41.12. SUPPORTIVE SERVICES
The Director of Development may assess divisions of the
department for the cost of central service operations. Such an
assessment shall be based on a plan submitted to and approved by
the Office of Budget and Management by the first day of August of
each fiscal year, and contain the characteristics of
administrative ease and uniform application.
A division's payments shall be credited to the Supportive
Services Fund (Fund 135) using an intrastate transfer voucher.
The foregoing appropriation item 195-636, General
Reimbursements, shall be used for conference and subscription fees
and other reimbursable costs. Revenues to the General
Reimbursement Fund (Fund 685) shall consist of fees and other
moneys charged for conferences, subscriptions, and other
administrative costs that are not central service costs.
Fifteen per cent of the federal funds received by the state
for
the Home
Energy Assistance Block Grant shall be deposited in
the
Department of
Development's Federal Special Revenue Fund (Fund
3K9) and shall
be used to
provide home weatherization services in
the state.
On July 1, 2001, or as soon as possible thereafter, the
Director of Development shall certify to the Director of Budget
and Management the cash balance and open encumbrances relating to
the HOME Program located within Fund 308, appropriation item
195-603, Housing and Urban Development. The Director of Budget
and Management shall transfer the certified amount to newly
created Fund 3V1, HOME Program. Any existing encumbrances in
appropriation item 195-603 for the HOME Program shall be canceled
and re-established against appropriation item 195-601, HOME
Program.
These re-established amounts are appropriated.
The foregoing appropriation item 195-639, State
Special
Projects, shall be used as a general account for the
deposit of
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used
to (1) pay the expenses of verifying the income-eligibility of
HEAP applicants, (2) market economic development opportunities in
the state, and (3) leverage additional federal funds. State
funds
shall be used to match federal housing grants for the
homeless.
Section 41.13. MINORITY BUSINESS ENTERPRISE LOAN
All repayments from the Minority Development Financing
Advisory Board loan program and the Ohio Mini-Loan Guarantee
Program shall be
deposited in the State Treasury, to the credit of
the Minority Business
Enterprise Loan Fund (Fund 4W1).
All operating costs of administering the Minority Business
Enterprise Loan
Fund shall be paid from the Minority Business
Enterprise Loan Fund (Fund 4WI).
MINORITY BUSINESS BONDING FUND
Notwithstanding Chapters 122., 169., and 175. of the Revised
Code and other
provisions of Am. Sub.
H.B. 283 of the 123rd
General
Assembly, the Director of Development may, upon the
recommendation of the Minority Development Financing Advisory
Board, pledge up
to $10,000,000 in the 2001-2003 biennium of
unclaimed funds administered by
the Director of Commerce and
allocated to the Minority Business Bonding
Program pursuant to
section 169.05 of the Revised Code. The transfer of any
cash by
the Director of Budget and Management from the Department of
Commerce's
Unclaimed
Funds Fund (Fund 543) to the Department of
Development's
Minority
Business Bonding Fund (Fund 449) shall
occur, if
requested by the Director of
Development, only if such
funds are
needed for payment of losses arising from
the Minority
Business
Bonding Program, and only after proceeds of the initial
transfer of $2,700,000
by the Controlling Board to the
Minority
Business Bonding Program has been used for that purpose. Moneys
transferred by the
Director of Budget and Management from the
Department of
Commerce for this purpose may be moneys in custodial
funds held by the
Treasurer of State. If expenditures are
required for payment of losses
arising from the Minority Business
Bonding Program,
such expenditures shall be made from
appropriation item 195-623, Minority
Business Bonding Contingency
in the Minority Business Bonding Fund, and such
amounts are
appropriated.
MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION
Investment earnings of the Minority Business Bonding Fund
(Fund 449) shall be
credited to the Minority Business Bonding
Program Administration Fund (Fund
450).
Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING
The foregoing appropriation item 195-625, Economic
Development
Financing Operating, shall be used for the operating
expenses of
financial assistance programs authorized under Chapter
166. of
the Revised Code and under sections 122.43 and 122.45 of
the
Revised Code.
The foregoing appropriation item 195-659, Universal Service,
shall be used to provide electric utility assistance benefits to
Percentage of Income Payment Plan (PIPP) electric accounts, to
fund targeted energy efficiency and customer education services to
PIPP customers, and to cover the department's administrative costs
related to the Universal Service Fund Programs.
ENERGY EFFICIENCY REVOLVING LOAN FUND
The foregoing appropriation item 195-660, Energy Efficiency
Revolving Loan, shall be used to provide financial assistance to
customers for eligible energy efficiency projects for residential,
commercial and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in the Revised Code
and rules adopted by the Director of Development.
VOLUME CAP ADMINISTRATION
The foregoing appropriation item 195-654, Volume Cap
Administration, shall be
used for expenses related
to the
administration of the Volume
Cap
Program. Revenues
received by
the Volume Cap Administration Fund (Fund 617)
shall
consist of
application fees, forfeited deposits, and interest
earned
from the
custodial account held by the Treasurer of State.
Section 41.15. FACILITIES ESTABLISHMENT FUND
The foregoing appropriation item 195-615, Facilities
Establishment (Fund 037), shall be used for the purposes of
the
Facilities Establishment Fund under Chapter 166. of the
Revised
Code.
Of the foregoing appropriation item 195-615, Facilities
Establishment (Fund 037), up to $3,000,000 in each fiscal year
shall be used for the implementation of S.B. 10 of the 124th
General Assembly, if the bill becomes law.
Notwithstanding Chapter 166. of the Revised Code, up to
$1,600,000 may be
transferred each fiscal year from the
Facilities
Establishment Fund (Fund 037) to the Economic
Development
Financing Operating Fund (Fund 451). The transfer is
subject
to
Controlling Board approval pursuant to division (B) of section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$3,800,000 may be transferred in each fiscal year of the biennium
from the Facilities Establishment Fund (Fund 037) to the Minority
Business Enterprise Loan Fund (Fund 4W1). The transfer is
subject
to Controlling Board approval pursuant to division (B) of
section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$5,000,000 cash may be
transferred during the biennium from the
Facilities Establishment Fund (Fund
037) to the Port Authority
Bond Reserves Fund (Fund 5D1) for use by any port
authority in
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The
Director of
Development shall develop program guidelines for the
transfer and release of
funds, including, but not limited to, a
provision that a port authority
shall receive not more than
$2,000,000 total from the fund. The transfer and release of funds
are
subject to
Controlling Board approval. Of the foregoing
appropriation item 195-649, Port Authority Bond Reserves,
$2,000,000 over the biennium, subject to Controlling Board
approval, shall go to the Dayton Montgomery County Port Authority
to establish or supplement bond reserves for job retention
purposes per the guidelines set forth by the Director of
Development.
Notwithstanding Chapter 166. of the Revised Code, up to
$20,475,000 cash may
be transferred during the biennium from the
Facilities Establishment Fund
(Fund 037) to the Urban
Redevelopment Loans Fund (Fund 5D2) for the purpose of
removing
barriers to urban core redevelopment. The Director of Development
shall develop program guidelines for the transfer and release of
funds,
including, but not limited to, the completion of all
appropriate
environmental assessments before state assistance is
committed to a project.
Notwithstanding Chapter 166. of the Revised Code, up to
$5,000,000 per fiscal year
in cash may be
transferred from the
Facilities
Establishment
Fund (Fund 037) to the Rural
Industrial
Park Loan Fund (Fund
4Z6).
The transfer is subject to Controlling
Board
approval pursuant to
section 166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$2,246,375 in each fiscal year shall be
transferred from moneys in
the Facilities
Establishment Fund (Fund 037) to the Family Farm
Loan Fund (Fund
5H1) in the Department of Development. These
moneys shall be used for loan
guarantees. The transfer is subject
to Controlling
Board approval.
Financial assistance from the Family Farm Loan
Fund (Fund
5H1) shall be
repaid to Fund 5H1. This fund is established in
accordance with
sections 166.031, 901.80, 901.81, 901.82, and
901.83 of the
Revised Code.
When the Family Farm Loan
Fund (Fund 5H1) ceases to exist,
all outstanding
balances, all loan repayments, and any
other
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037).
Section 41.16. FUND 5F7 TRANSFER
On July 1, 2001, or as soon as possible thereafter, the
Director of Budget and Management shall transfer all cash in Fund
5F7, Local Government Y2K Loan Program, to the General Revenue
Fund. Upon completion of the transfer, Fund 5F7 is abolished.
Section 42. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
4K9 |
860-609 |
|
Operating Expenses |
|
$ |
300,591 |
|
$ |
317,617 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
300,591 |
|
$ |
317,617 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
300,591 |
|
$ |
317,617 |
Section 43. CDR COMMISSION ON DISPUTE RESOLUTION AND
CONFLICT MANAGEMENT
GRF |
145-401 |
|
Commission on Dispute Resolution/Management |
|
$ |
581,192 |
|
$ |
609,974 |
TOTAL GRF General Revenue Fund |
|
$ |
581,192 |
|
$ |
609,974 |
General Services Fund Group
4B6 |
145-601 |
|
Gifts and Grants |
|
$ |
160,590 |
|
$ |
164,605 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
160,590 |
|
$ |
164,605 |
Federal Special Revenue Fund Group
3S6 |
145-602 |
|
Dispute Resolution: Federal |
|
$ |
32,917 |
|
$ |
0 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
32,917 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
774,699 |
|
$ |
774,579 |
COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT
The foregoing appropriation item 145-401, Commission on
Dispute
Resolution/Management, shall be used in each fiscal year
by the Commission on
Dispute Resolution and Conflict Management
for the purpose of providing
dispute resolution and conflict
management training, consultation, and
materials for state and
local
government, communities, school districts, and courts and,
in
consultation with
the Department of Education, for the purpose
of
offering competitive school
conflict programs to school
districts.
The Commission shall assist the Department of Education in
the development and
dissemination of the school conflict
management programs to school districts.
Section 44. EDU DEPARTMENT OF EDUCATION
GRF |
200-100 |
|
Personal Services |
|
$ |
11,819,828 |
|
$ |
12,113,828 |
GRF |
200-320 |
|
Maintenance and Equipment |
|
$ |
5,052,866 |
|
$ |
5,185,051 |
GRF |
200-406 |
|
Head Start |
|
$ |
98,843,825 |
|
$ |
98,843,825 |
GRF |
200-408 |
|
Public Preschool |
|
$ |
19,506,206 |
|
$ |
19,506,206 |
GRF |
200-410 |
|
Professional Development |
|
$ |
23,463,829 |
|
$ |
34,810,579 |
GRF |
200-411 |
|
Family and Children First |
|
$ |
10,642,188 |
|
$ |
10,642,188 |
GRF |
200-416 |
|
Vocational Education Match |
|
$ |
2,381,738 |
|
$ |
2,381,738 |
GRF |
200-420 |
|
Technical Systems Development |
|
$ |
6,000,000 |
|
$ |
6,500,000 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
20,000,000 |
|
$ |
20,000,000 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
2,185,675 |
|
$ |
1,971,219 |
GRF |
200-424 |
|
Policy Analysis |
|
$ |
642,756 |
|
$ |
674,894 |
GRF |
200-425 |
|
Tech Prep Administration |
|
$ |
2,431,012 |
|
$ |
2,431,012 |
GRF |
200-426 |
|
Ohio Educational Computer Network |
|
$ |
39,871,927 |
|
$ |
39,871,927 |
GRF |
200-427 |
|
Academic Standards |
|
$ |
8,474,999 |
|
$ |
8,862,500 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
15,850,000 |
|
$ |
14,625,000 |
GRF |
200-432 |
|
School Conflict Management |
|
$ |
626,496 |
|
$ |
657,821 |
GRF |
200-433 |
|
Reading/Writing Improvement |
|
$ |
18,962,948 |
|
$ |
19,276,694 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
23,692,045 |
|
$ |
25,942,045 |
GRF |
200-438 |
|
Safe Schools |
|
$ |
2,050,000 |
|
$ |
2,050,000 |
GRF |
200-441 |
|
American Sign Language |
|
$ |
232,073 |
|
$ |
236,715 |
GRF |
200-442 |
|
Child Care Licensing |
|
$ |
1,517,751 |
|
$ |
1,548,107 |
GRF |
200-444 |
|
Professional Recruitment |
|
$ |
1,917,000 |
|
$ |
1,705,800 |
GRF |
200-445 |
|
OhioReads Admin/Volunteer Support |
|
$ |
5,485,440 |
|
$ |
5,485,440 |
GRF |
200-446 |
|
Education Management Information System |
|
$ |
16,479,636 |
|
$ |
17,573,430 |
GRF |
200-447 |
|
GED Testing/Adult High School |
|
$ |
2,038,678 |
|
$ |
2,079,451 |
GRF |
200-455 |
|
Community Schools |
|
$ |
4,728,935 |
|
$ |
4,824,517 |
GRF |
200-500 |
|
School Finance Equity |
|
$ |
23,560,125 |
|
$ |
19,975,864 |
GRF |
200-501 |
|
Base Cost Funding |
|
$ |
4,273,654,781 |
|
$ |
4,441,014,505 |
GRF |
200-502 |
|
Pupil Transportation |
|
$ |
334,183,786 |
|
$ |
377,305,465 |
GRF |
200-503 |
|
Bus Purchase Allowance |
|
$ |
36,735,279 |
|
$ |
36,799,984 |
GRF |
200-505 |
|
School Lunch Match |
|
$ |
9,639,000 |
|
$ |
9,831,780 |
GRF |
200-509 |
|
Adult Literacy Education |
|
$ |
8,628,000 |
|
$ |
8,628,000 |
GRF |
200-511 |
|
Auxiliary Services |
|
$ |
122,782,475 |
|
$ |
127,650,709 |
GRF |
200-513 |
|
Student Intervention Services |
|
$ |
31,900,000 |
|
$ |
38,280,000 |
GRF |
200-514 |
|
Post-Secondary/Adult Career-Technical Education |
|
$ |
23,240,243 |
|
$ |
23,240,243 |
GRF |
200-520 |
|
Disadvantaged Pupil Impact Aid |
|
$ |
360,149,743 |
|
$ |
360,149,743 |
GRF |
200-521 |
|
Gifted Pupil Program |
|
$ |
45,930,131 |
|
$ |
47,983,321 |
GRF |
200-525 |
|
Parity Aid |
|
$ |
99,813,832 |
|
$ |
210,305,911 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
53,533,703 |
|
$ |
55,675,051 |
GRF |
200-534 |
|
Desegregation Costs |
|
$ |
500,000 |
|
$ |
500,000 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
139,006,701 |
|
$ |
141,950,428 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
21,673,574 |
|
$ |
22,406,349 |
GRF |
200-546 |
|
Charge-Off Supplement |
|
$ |
39,191,433 |
|
$ |
28,684,104 |
GRF |
200-552 |
|
County MR/DD Boards Vehicle Purchases |
|
$ |
1,666,204 |
|
$ |
1,666,204 |
GRF |
200-553 |
|
County MR/DD Boards Transportation Operating |
|
$ |
9,575,910 |
|
$ |
9,575,910 |
GRF |
200-558 |
|
Emergency Loan Interest Subsidy |
|
$ |
4,500,000 |
|
$ |
3,300,000 |
GRF |
200-566 |
|
OhioReads Grants |
|
$ |
27,148,000 |
|
$ |
27,148,000 |
GRF |
200-570 |
|
School Improvement Incentive Grants |
|
$ |
1,587,500 |
|
$ |
1,737,500 |
GRF |
200-573 |
|
Character Education |
|
$ |
1,050,000 |
|
$ |
1,050,000 |
GRF |
200-574 |
|
Substance Abuse Prevention |
|
$ |
1,948,200 |
|
$ |
1,948,200 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
707,700,000 |
|
$ |
743,000,000 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
73,500,000 |
|
$ |
75,700,000 |
TOTAL GRF General Revenue Fund |
|
$ |
6,797,696,471 |
|
$ |
7,175,307,258 |
General Services Fund Group
138 |
200-606 |
|
Information Technology |
|
$ |
6,629,469 |
|
$ |
6,761,034 |
4D1 |
200-602 |
|
Ohio Prevention/Education Resource Center |
|
$ |
345,000 |
|
$ |
345,000 |
4L2 |
200-681 |
|
Teacher Certification and Licensure |
|
$ |
4,684,143 |
|
$ |
4,856,290 |
452 |
200-638 |
|
Miscellaneous Revenue |
|
$ |
1,045,000 |
|
$ |
1,045,000 |
5H3 |
200-687 |
|
School District Solvency Assistance |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
596 |
200-656 |
|
Ohio Career Information System |
|
$ |
743,217 |
|
$ |
769,230 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
37,446,829 |
|
$ |
37,776,554 |
Federal Special Revenue Fund Group
3C5 |
200-661 |
|
Federal Dependent Care Programs |
|
$ |
18,189,907 |
|
$ |
18,233,488 |
3D1 |
200-664 |
|
Drug Free Schools |
|
$ |
20,621,375 |
|
$ |
20,660,570 |
3D2 |
200-667 |
|
Honors Scholarship Program |
|
$ |
2,454,688 |
|
$ |
2,540,602 |
3H9 |
200-605 |
|
Head Start Collaboration Project |
|
$ |
250,000 |
|
$ |
250,000 |
3M0 |
200-623 |
|
ESEA Chapter One |
|
$ |
320,505,063 |
|
$ |
330,172,277 |
3M1 |
200-678 |
|
ESEA Chapter Two |
|
$ |
13,595,978 |
|
$ |
14,059,555 |
3M2 |
200-680 |
|
Ind W/Disab Education Act |
|
$ |
186,000,000 |
|
$ |
206,000,000 |
3L6 |
200-617 |
|
Federal School Lunch |
|
$ |
175,274,000 |
|
$ |
180,181,672 |
3L7 |
200-618 |
|
Federal School Breakfast |
|
$ |
45,746,000 |
|
$ |
47,026,888 |
3L8 |
200-619 |
|
Child and Adult Care Programs |
|
$ |
60,257,639 |
|
$ |
61,966,125 |
3L9 |
200-621 |
|
Vocational Education Basic Grant |
|
$ |
43,613,582 |
|
$ |
45,142,330 |
3S2 |
200-641 |
|
Tech Literacy Transfer |
|
$ |
15,183,430 |
|
$ |
15,183,430 |
3T4 |
200-613 |
|
Public Charter Schools |
|
$ |
4,887,260 |
|
$ |
5,055,185 |
3T6 |
200-611 |
|
Class Size Reduction |
|
$ |
63,000,000 |
|
$ |
65,000,000 |
3U2 |
200-662 |
|
Teacher Quality Enhancement Grants |
|
$ |
1,300,501 |
|
$ |
1,352,000 |
3U3 |
200-665 |
|
Reading Excellence Grant Program |
|
$ |
10,018,756 |
|
$ |
0 |
3U6 |
200-675 |
|
Provision 2
& 3 Grant |
|
$ |
191,050 |
|
$ |
0 |
309 |
200-601 |
|
Educationally Disadvantaged |
|
$ |
20,759,222 |
|
$ |
21,425,345 |
366 |
200-604 |
|
Adult Basic Education |
|
$ |
17,527,286 |
|
$ |
18,140,740 |
367 |
200-607 |
|
School Food Services |
|
$ |
10,089,884 |
|
$ |
10,408,199 |
368 |
200-614 |
|
Veterans' Training |
|
$ |
648,514 |
|
$ |
671,212 |
369 |
200-616 |
|
Vocational Education |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
370 |
200-624 |
|
Education of All Handicapped Children |
|
$ |
1,364,246 |
|
$ |
1,410,908 |
371 |
200-631 |
|
EEO Title IV |
|
$ |
1,155,361 |
|
$ |
1,213,894 |
374 |
200-647 |
|
E.S.E.A. Consolidated |
|
$ |
110,094 |
|
$ |
110,094 |
378 |
200-660 |
|
Math/Science Technology Investments |
|
$ |
12,696,055 |
|
$ |
13,036,530 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,053,439,891 |
|
$ |
1,087,241,044 |
State Special Revenue Fund Group
4R7 |
200-695 |
|
Indirect Cost Recovery |
|
$ |
3,942,779 |
|
$ |
4,168,947 |
4V7 |
200-633 |
|
Interagency Vocational Support |
|
$ |
695,197 |
|
$ |
731,674 |
053 |
200-900 |
|
School District Property Tax Replacement |
|
$ |
102,000,000 |
|
$ |
115,911,593 |
454 |
200-610 |
|
Guidance and Testing |
|
$ |
940,636 |
|
$ |
956,761 |
455 |
200-608 |
|
Commodity Foods |
|
$ |
10,000,000 |
|
$ |
11,000,000 |
598 |
200-659 |
|
Auxiliary Services Mobile Units |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
620 |
200-615 |
|
Educational Grants |
|
$ |
1,525,000 |
|
$ |
1,525,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
120,432,522 |
|
$ |
135,622,885 |
Lottery Profits Education Fund Group
017 |
200-612 |
|
Base Cost Funding |
|
$ |
604,000,000 |
|
$ |
596,000,000 |
017 |
200-682 |
|
Lease Rental Payment Reimbursement |
|
$ |
29,722,100 |
|
$ |
25,722,600 |
TOTAL LPE Lottery Profits |
|
|
|
|
|
|
Education Fund Group |
|
$ |
633,722,100 |
|
$ |
621,722,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,642,737,813 |
|
$ |
9,057,670,341 |
Section 44.01. MAINTENANCE AND EQUIPMENT
Of the foregoing appropriation item 200-320, Maintenance and
Equipment,
up to $25,000 may be expended in each year of the
biennium for
State Board of Education out-of-state travel.
Section 44.02. HEAD START
No later than July 15, 2001, the Director of Budget and
Management shall
transfer $76,156,175 from Fund 3W6, TANF
Education, to the General Revenue
Fund. No later than July 15,
2002, the Director of Budget and Management
shall transfer
$98,843,825 from Fund 3W6, TANF Education, to the General
Revenue
Fund. The transferred funds are appropriated for the
appropriation
item 200-406, Head Start. The foregoing appropriation item
200-406, Head Start, includes transferred funds of $76,156,175 in
fiscal year 2002 and $98,843,825 in fiscal year 2003.
Of the foregoing appropriation item 200-406, Head Start,
$100,000 per fiscal year shall be used for the Read Baby Read Book
Club Program.
The remainder of foregoing appropriation item 200-406, Head
Start, shall
be distributed by
the Department of Education to Head
Start
agencies. A
"Head Start agency"
means an entity that has
been
approved to be an agency in accordance with
Section
641 (42
U.S.C.
9836) of the Head Start Act and amendments thereto,
or an
entity
designated for state Head Start funding under
this section.
Participation in state-funded Head Start programs is voluntary.
Moneys distributed under this heading shall not be used to
reduce expenditures
from funds received by a Head Start agency
from any other sources. Section
3301.31 of the Revised Code does
not apply to funds distributed under this
heading. In lieu of
section 3301.31 of the Revised Code, distribution of
moneys under
this heading shall be as follows:
(A) In fiscal years 2002 and 2003, up to two per cent of the
appropriation may be used by the department for administrative
costs of complying with this section; developing program capacity;
and
assisting programs
with facilities planning, construction,
renovation, or lease agreements in
combination with the Community
Development Finance Fund (CDFF). Up to
$1,530,000 in fiscal year
2002 and up to $1,560,600 in fiscal year 2003 may be used
for the
services of literacy specialist and
training in early literacy for
Head Start classroom teachers and
administrators to support the
OhioReads Initiative.
(B) The department shall provide an annual report to the
Governor,
the Speaker of the House of Representatives, the
President of the Senate, the
State Board of Education, Head Start
grantees, and other interested parties.
The report shall include
the following:
(1) The number and per cent of eligible children by county
and by grantee;
(2) The amount of state funds received for continuation per
grantee;
(3) A summary of program performance on the state critical
performance
indicators;
(4) A summary of developmental progress of children
participating in the
state-funded Head Start program;
(5) Any other data reflecting the performance of Head Start
that the
department considers pertinent.
(C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age and not of compulsory
school age whose family earns
no more than 100 per cent of the
federal poverty level, except as otherwise
provided in this
division.
The Department of Education, in consultation with Head Start
grantees or their designated representatives, shall establish
criteria under which individual Head Start grantees may apply to
the department for a waiver to include as
"eligible children"
those children from families earning up to 185 per cent of the
federal poverty level when the children otherwise qualify as
"eligible children" under this division.
In order to serve children whose families receive child care
subsidy and whose incomes do not exceed 185 per cent of the
federal poverty guidelines, Head Start grantees may enroll
children whose families receive child care subsidy from the Ohio
Department of Job and Family Services. Head Start grantees
providing full-day, full-year comprehensive services, or otherwise
meeting the child care needs of working families, may partner with
child care centers or family day care homes or may access child
care subsidy directly. This provision is to meet the child care
needs of low-income families who are working, in training or
education programs, or participating in Ohio Works First appproved
activities.
(D) After setting aside amounts to make any payments due
from the prior
fiscal year, in fiscal years 2002 and 2003, funds
shall only be distributed
to
recipients of Head Start funds
during
the preceding fiscal year. Awards under
this
division shall be
based on a per-pupil formula prescribed by the Department of
Education and may
be adjusted for one-time
start-up costs, actual
months of program
operation, or
the number of children enrolled
and
receiving services, as defined by the Department of Education,
reported during the first full week of
December, and may be
increased by a reasonable percentage for
inflation to be
determined by the
Department of Education and in
accordance with
this section.
The department may redistribute
dollars to programs
demonstrating an unmet
need based on updated
assessments of family
needs and community resources. In fiscal
years 2002 and 2003, the
department may authorize recipients to
carry over
funds to the
subsequent fiscal year.
The department may reallocate unobligated or unspent money to
participating
Head Start agencies for: (1) facilities planning
grants and to leverage construction, renovation, or lease
agreements and for repair of critical deferred maintenance and
safety items in combination with the CDFF; (2) teacher
professional development and enhanced compensation in order to
meet the requirements of section 3301.311 of the Revised Code; (3)
meeting the documentation and reporting requirements and for
technical support in accordance with division (F) of this section;
and (4)
expansion, improvement, or special
projects to promote
excellence
and innovation.
(E) Costs for developing and administering a Head Start
program may not
exceed fifteen per cent of the total approved
costs of the program.
All recipients of funds shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved recipient
for purposes provided in the program. The approved recipient
shall
administer and use such property and funds for the purposes
specified.
Each recipient shall furnish the department an annual audit
that
includes the review of state funds received under this
section.
In conjunction with the required audit of federal Head Start
funds, the independent auditor shall examine state Head Start
funds in accordance with the federal regulations and agreed-upon
state procedures formulated by the department.
(F) The department
shall prescribe
target levels for
critical performance indicators for the purpose of assessing
Head
Start programs. On-site reviews and follow-up visits shall be
based on
grantee progress in meeting the prescribed target levels.
The Department of Education, in consultation with the
interested parties, including the state Department of Job and
Family Services, shall develop the criteria to be used by Head
Start grantees and delegate agencies with developing partnership
agreements.
The department may audit a Head Start agency's financial and
program records. Head Start agencies that have financial
practices not in accordance with standard accounting principles,
that fail to substantially meet the Head Start performance
standards, or that exhibit below-average performance shall be
subject to an on-site review.
The department shall require corrective plans of action for
programs not achieving target levels or financial and program
standards.
Action plans shall include activities to
be conducted
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department
demonstrating
targets have been met. The Policy Council
chairperson and the appropriate
grantee board official shall sign
the corrective plans of action.
Head Start programs not meeting performance targets in
accordance
with
the plan of action and prescribed timelines may
have their
funding reduced until targets are
met, or have all
state funds
withdrawn.
The department shall require school districts to collect
"preschool" information by program type. All data shall be
reported via the
Education Management Information System (EMIS).
(G) The department shall develop prekindergarten reading and
mathematics content standards and model curricula. These
standards and curricula shall be made available to grantees. Head
Start grantees delegate agencies, and child care partners shall
document child
progress, using a common instrument prescribed by
the department,
and report results annually. The department shall
determine the
dates for documenting and reporting.
(H) In either event, the grantee and delegate shall transfer
control of title to property, equipment, and remaining supplies
obtained through this program to the newly designated grantee and
return any unexpended funds to the department along with any
reports prescribed by the department.
Section 3313.646 of the Revised Code does not apply to funds
distributed under this section.
(I) It is the intent of the General Assembly that
appropriations for
appropriation items 200-406, Head Start, and
200-408, Public Preschool, be
available for transfer between Head
Start and public preschool programs so that unallocated funds may
be used
between the two programs.
(J) The Department of Education shall comply with all TANF
requirements,
including reporting requirements and timelines, as
specified in state and
federal laws, federal regulations, state
rules, and the Title IV-A state
plan, and is responsible for
payment of any adverse audit finding, final
disallowance of
federal financial participation, or other sanction or
penalty
issued by the federal government or other entity concerning these
funds.
Section 44.03. PUBLIC PRESCHOOL
The Department of Education shall distribute the foregoing
appropriation item
200-408, Public Preschool,
to pay the costs of
comprehensive preschool
programs. As used in this section,
"school district" means a
city, local, exempted village, or joint
vocational school district, or
an educational
service center.
(A) In fiscal years 2002 and 2003, up to two per cent of the
total
appropriation may be used by the department for
administrative
costs of complying with this section; developing
program capacity; and
assisting programs with
facilities planning,
construction, renovation, or lease agreements
in conjunction with
the Community Development Finance Fund (CDFF).
(B) The department
shall provide an annual report to the
Governor, the Speaker of the
House of Representatives, the
President of the Senate, the State Board of
Education, Head Start
grantees, and other
interested parties. The report shall
include:
(1) The number and per cent of eligible children by county
and by
school district;
(2) The amount of state funds requested for continuation per
school district;
(3) The amount of state funds received for continuation per
school district;
(4) A summary of program performance on the state critical
performance indicators in the public preschool program;
(5) A summary of developmental progress of children
participating
in the state-funded public preschool program;
(6) Any other data reflecting the performance of public
preschool programs
that
the department considers pertinent.
(C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age whose family
earns no
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the
Department
of Job and Family Services, interested parties, and
Head Start agencies
shall formulate a method for determining an
estimate of the number
of eligible children and the percentage
served by grantees in each
county.
(D) After setting aside amounts to make any payments due
from the prior
fiscal
year, in fiscal years 2002 and 2003, funds
shall first be distributed to
recipients
of funds during the
preceding fiscal year. Awards under this division may be
reduced
by the amount
received in that fiscal year for one-time start-up
costs and may
be adjusted for actual months of program operation
or enrollment
as reported during the first full week of December,
and may be
increased by a reasonable percentage to be determined
by the
Department of Education. The department may redistribute
dollars
to programs demonstrating an unmet need based on updated
assessments of family needs and community resources, with special
attention to the projected impact of welfare reform. In fiscal
years 2002 and 2003, the department may authorize recipients
to
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money to
participating school districts for purposes of program expansion,
improvement, or special projects to promote excellence and
innovation.
(E) Costs for developing and administering a preschool
program
may not exceed fifteen per cent of the total approved
costs of the
program.
All recipients of funds shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved recipient
for purposes provided in the program. The approved recipient
shall
administer and use such property and funds for the purposes
specified.
(F) The department shall prescribe target levels for
critical
performance indicators for the purpose of assessing
public
preschool programs. On-site reviews and follow-up visits
shall be
based on progress in meeting the prescribed target
levels.
The department may audit a school district's preschool
financial
and program records. School districts that have
financial
practices not in accordance with standard accounting
principles,
that operate preschool programs that fail to
substantially meet
the Head Start performance standards, or that
exhibit
below-average performance shall be subject to an on-site
review.
The department shall require corrective plans of action for
programs not achieving target levels or financial and program
standards. Action plans shall include activities to be conducted
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department
demonstrating that targets have been met. The appropriate school
board official shall sign the corrective plans of action.
Public preschool programs not meeting performance targets in
accordance with the plan of action and prescribed timelines may
have their continuation funding reduced, be disqualified for
expansion consideration until targets are met, or have all state
funds withdrawn and a new program established.
(G) The department shall require public preschool programs
to
document child progress, using a common instrument prescribed
by
the department, and report results annually. The department
shall
determine the dates for documenting and reporting.
The State Board of Education shall adopt rules addressing the
use
of screening and assessment data, including, but not limited
to,
all of the following:
(1) Protection of the identity of individual children
through
assignment of a unique but not personally identifiable
code;
(3) Use of the data by school personnel as it relates to
kindergarten entrance.
(H) Each school district shall develop a sliding fee scale
based on family
incomes in the district and shall charge families
who earn more than the
federal poverty level for preschool.
(I) It is the intent of the General Assembly that
appropriations for
appropriation items 200-406, Head Start, and
200-408, Public Preschool, be
available for
transfer between Head
Start and
Public Preschool programs so that unallocated funds may
be used between the
two programs.
Section 44.04. PROFESSIONAL DEVELOPMENT
Of the foregoing appropriation item 200-410, Professional
Development, $5,997,829 in each fiscal year shall be used by the
Department of
Education to develop
a statewide comprehensive
system of twelve professional development centers
that support
local educators' ability to foster academic achievement in the
students they
serve. The centers shall
include training teachers
on site-based management
concepts to encourage teachers to become
involved in the management of their
schools.
Of the foregoing appropriation item 200-410, Professional
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in
fiscal year 2003
shall be used by the Department of Education to
pay the application
fee for teachers from public and chartered
nonpublic schools
applying to the National Board for Professional
Teaching
Standards for
professional teaching certificates or
licenses that the board
offers, and to provide grants in each
fiscal year to recognize and reward
teachers who become certified
by the board pursuant to section 3319.55 of the
Revised Code, and
up to $300,000 in each fiscal year of this set-aside may be used
to pay for costs associated with activities to support candidates
through the application and certification process.
These moneys shall be used
to pay for the first 900
applications in fiscal year 2002 and up to the first 550
applications in fiscal year 2003 received
by the department. Each
prospective applicant for certification or licensure
shall submit
an application to the Department of Education.
When the
department has collected a group of applications, but not later
than
30 days after receipt of the first application in a group, it
shall send the
applications to the National Board for Professional
Teaching Standards along
with a check to cover the cost of the
application fee for all applicants in
that group.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$8,296,000 in fiscal year 2002 and up to
$19,387,750 in fiscal year 2003 shall be allocated for entry year
programs.
These funds shall be used to support mentoring services
of beginning teachers, including chartered nonpublic beginning
teachers. In fiscal year 2002, the Department of
Education
shall
select eligible beginning teachers to participate
in a year-long
entry
year program that provides mentoring by
experienced school
district and university faculty and Praxis III
teacher performance
assessment.
In fiscal year 2003, the program
shall also include
the assessment of all beginning teachers with
the Education
Testing Service's Praxis III examination.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$650,000 in each fiscal year shall be used to
continue Ohio leadership
academies to develop and train
superintendents in new leadership and management
practices to
support high performance schools. This training shall be
coordinated with other locally administered leadership programs.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$850,000 in each fiscal year shall be used to
support the Ohio
Principal's
Leadership Academy that will serve
principals and
their staff teams. An
advisory panel comprised of
national
business and education
experts shall advise the
Department of
Education on content and delivery
of curriculum and
instruction.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$975,000 in each fiscal year shall be used to
establish an entry year program
for principals, including for
chartered nonpublic principals. Grants in fiscal
year 2002 shall
be issued to pilot sites that shall develop
prototypes of the
program in a variety of contexts. These sites
also shall
pilot
the School Leaders Licensure Assessment, which
was developed by
the
Educational Testing Service at a cost of $450
per assessment.
Funds in fiscal year 2003 shall be used to
implement an entry year
program for principals.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$500,000 in each fiscal year shall be used by
the Rural Appalachian Initiative
to create professional
development academies for teachers, principals, and
superintendents in the Appalachian region. No funding shall be
released prior
to the Department of Education receiving a
satisfactory report of the
activities conducted by these
professional development academies during the
previous year.
Of the foregoing appropriation item 200-410, Professional
Development, up to $250,000 in fiscal year 2002 and up to $350,000
in fiscal year 2003 shall be used to support a Teacher Recognition
Program. Funds awarded shall be used to recognize exemplary
performance and support the professional development of educators
across the educator life-cycle continuum, and may also be used to
support the implementation of an educator-in-residence program.
Of the foregoing appropriation item 200-410, Professional
Development, up to $25,000 in each fiscal year shall be used by
the Ohio Teacher Education and Certification Commission to carry
out the responsibilities of the 21-member Ohio Teacher Education
and Certification Advisory Commission. The advisory commission is
charged by the State Board of Education with considering all
matters related to educator preparation and licensure, including
standards for educator preparation and licensure, approval of
institutions and programs, and recommending consideration of
decisions to the State Board.
Of the foregoing appropriation item 200-410, Professional
Development, up to $75,000 in each fiscal year shall be used to
support the Ohio University Leadership Program.
Section 44.05. FAMILY AND CHILDREN FIRST
(A) Of the foregoing appropriation item 200-411, Family and
Children
First, the Department of Education shall transfer up to
$3,677,188 in each fiscal year by
intrastate transfer voucher to
the
Department of Mental Retardation and Developmental
Disabilities.
These funds shall be spent on direct grants to
county family and
children first councils
created under section
121.37 of the Revised Code. The funds shall be used
as partial
support payment
and reimbursement for locally coordinated
treatment plans for multineeds children that come to the attention
of the Family and
Children First Cabinet Council pursuant to
section 121.37 of the
Revised Code. The treatment plans shall
include strategies to address each child's academic achievement.
The Department of Mental Retardation and
Developmental
Disabilities shall administer the distribution of
the direct
grants to the county
councils. The
Department of
Mental
Retardation and Developmental Disabilities may use up to
five per
cent of this amount for administrative expenses
associated with
the distribution of funds to the county councils.
(B) Of the foregoing appropriation item 200-411, Family and
Children First, up to
$1,775,000 in each fiscal year shall be used
as administrative grants
to county family and children
first
councils to provide a portion of the salary and fringe benefits
necessary to fund county council
coordinators, administrative
support, training, or parental involvement. The total initial
grant under this provision to any county family and children
first
council shall not exceed
$20,000. In the event that not all
counties in the state have established a county council, at the
beginning of
the fourth quarter of a fiscal year, any remaining
funds to be used as
administrative grants may be redirected by the
Family and Children First
Cabinet Council to other priorities and
activities. Up to $15,000 of the $1,775,000 in each fiscal year
shall be used by the Family and Children
First Cabinet Council for
administrative costs, including
stipends to family representatives
participating in approved
activities of the initiative,
educational and informational
forums, and technical assistance to
local family and children
first councils.
(C) Of the foregoing appropriation item 200-411, Family and
Children First, up to $5,190,000 in each
fiscal year shall be used
to fund
school-based or school-linked school readiness resource
centers
in school districts where there is a concentration of risk
factors to school readiness and success, including indicators of
poverty, health, and family stability. The purpose of these
centers is to assist in providing services to families of
school-age children who want and need support.
School readiness resource centers shall be located in each of
the state's 21 urban school districts as defined in division
(O)
of section
3317.02 of the Revised Code, as that section existed
prior to
July 1, 1998. The Ohio Family and
Children First Cabinet
Council, in consultation with the
Department of Education and
school districts, shall identify
individual schools based on
quantitative and qualitative factors
that reflect both the need
for school readiness resource centers
and the local capacity for
redesigning, as necessary, a delivery
system of family support
services. The council and the
Department of Education shall
organize and provide technical assistance to
the school districts
and communities in planning, developing,
and implementing the
centers. The council shall also negotiate a
performance agreement
that details required program
characteristics, service options,
and expected results.
Each urban school district and community may receive up to
$240,000 to maintain three school readiness resource centers that
are
located in or linked to elementary, middle, and high school
sites that are connected by student assignment patterns within
the
school districts. Each school district shall work with a
representative of the local family and children first council
and
a representative cross-section of families and community
leaders
in the district to operate
the school readiness resource centers
based upon
conditions agreed to in the performance agreement
negotiated with the cabinet council.
Up to $50,000 in each fiscal year may be used by the Ohio
Family
and Children First Cabinet Council for an evaluation of the
effectiveness of the school readiness resource centers. Up to
$100,000 in each fiscal year may be used by the cabinet council
to
approve technical assistance and oversee the implementation
of the
centers. The administration and management of the school
readiness resource centers may be contracted out through a
competitive bidding process established by the cabinet council
in
consultation with the Department of Education.
Section 44.06. VOCATIONAL EDUCATION MATCH
The foregoing appropriation item 200-416, Vocational
Education Match, shall be used by the Department of Education to
provide vocational administration matching funds pursuant to 20
U.S.C. 2311.
TECHNICAL SYSTEMS DEVELOPMENT
The foregoing appropriation item 200-420, Technical Systems
Development, shall be used to support the development and
implementation of information technology solutions
designed to
improve the performance
and customer service of the Department of
Education. Funds may be used for personnel, maintenance, and
equipment costs related to the development and implementation of
these technical system projects.
Implementation of these systems
shall allow the department to
provide greater levels of assistance
to school districts and to provide more timely information
to the
public, including school districts, administrators, and
legislators.
ALTERNATIVE EDUCATION PROGRAMS
There is hereby created the Alternative Education
Advisory
Council, which shall consist of one representative
from each of
the following agencies: the Ohio Department of
Education; the
Department of Youth
Services; the Ohio Department of Alcohol
and
Drug Addiction Services; the
Department of Mental Health; the
Office of
the Governor or, at the Governor's discretion, the
Office of the Lieutenant Governor; and the
Office of the Attorney
General.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, not less than $9,253,031 in each fiscal year
shall be used
for the renewal of successful implementation grants
and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section 3317.02 of the
Revised Code as
it
existed prior to July 1, 1998, and not less
than $9,253,031 in each
fiscal
year shall be used for the renewal
of successful implementation of
grants and for competitive
matching grants to rural and suburban
school districts for
alternative educational programs for existing
and new
at-risk and
delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or
suspended,
those who have dropped out of
school or who are at risk
of dropping out of
school, those who are
habitually truant or
disruptive, or those on probation
or on
parole from a Department
of Youth Services
facility. Grants shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs where
the grant would not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $480,552 in each fiscal year may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation. Any unexpended balance may be
used to
provide
additional matching grants to urban, suburban, or
rural
school districts as
outlined above.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $313,386 in each fiscal year shall be used to
contract with the Center for Learning Excellence at The Ohio State
University to provide technical support for the project and the
completion of formative and summative evaluation of the grants.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $700,000 in each fiscal year shall be
used to support Amer-I-Can. Of this set aside, no funds shall be
disbursed without approval of the Controlling Board. Amer-I-Can
programs shall submit to the Controlling Board a biennial spending
plan that delineates how these funds will be spent. Amer-I-can
programs also shall demonstrate to the Controlling Board that they
have hired an independent evaluator and have selected valid and
reliable instruments to assess pre and post changes in student
behavior.
SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, $700,000 in fiscal year 2002 and $400,000
in fiscal year 2003 shall be used by the Auditor of State for
expenses incurred in the Auditor of State's role relating to
fiscal caution activities as defined in Chapter 3316. of the
Revised Code. Expenses include duties related to the completion of
performance audits for school districts that the Superintendent of
Public Instruction determines are employing fiscal practices or
experiencing budgetary conditions that could produce a state of
fiscal watch or fiscal emergency.
The remainder of foregoing appropriation item 200-422, School
Management
Assistance, shall be used by the Department of
Education to
provide fiscal technical assistance and inservice
education for
school district management personnel
and to
administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code.
The foregoing appropriation item 200-424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission.
The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
The foregoing appropriation item 200-425, Tech Prep
Administration, shall be used by the Department of Education to
support state-level activities designed to support, promote, and
expand tech prep programs. Use of these funds shall include, but
not be limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200-426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
State Education Technology Plan pursuant to section 3301.07
of the
Revised Code.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $20,571,198 in fiscal year 2002 and up to
$21,188,334 in fiscal year
2003 shall be used by the Department of
Education to support connection of
all public school buildings to
the state's education network, to each other, and to the Internet.
In each
fiscal year the Department of Education shall use these
funds to help
reimburse data acquisition sites or school districts
for the operational costs
associated with this connectivity. The
Department
of Education shall develop a formula and guidelines for
the distribution of
these funds to the data acquisition sites or
individual school districts. As used in this section,
"public
school building" means a school building of any city, local,
exempted village, or joint vocational school district, or any
community school established under Chapter 3314. of the Revised
Code, or any educational service center building used for
instructional purposes.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $2,043,938 in fiscal year 2002 and up to
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog
and InfOhio Network.
The Department of Education shall use up
to $4,590,000 in
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to
assist designated
data acquisition sites with operational costs
associated with the increased
use
of the state's education network
by chartered nonpublic schools. The
Department of Education
shall
develop a formula and guidelines for
distribution of these funds
to designated data acquisition sites.
The remainder in each fiscal year of appropriation item
200-426, Ohio Educational Computer Network, shall be used to
support development, maintenance, and operation of a network of
uniform and compatible computer-based information and
instructional systems. The technical assistance shall include, but
not be restricted to, development and maintenance of adequate
computer software systems to support network activities. Program
funds may be used, through a formula and guidelines devised by the
department, to subsidize the activities of not more than 24
designated data acquisition sites, as defined by State Board of
Education rules, to provide school districts and chartered
nonpublic schools with computer-based student and teacher
instructional and administrative information services, including
approved computerized financial accounting, and to ensure the
effective operation of local automated administrative and
instructional systems. To broaden the scope of the use of
technology for education, the department may use up to $250,000 in
each fiscal year to coordinate the activities of the computer
network with other agencies funded by the department or the state.
In order to improve the efficiency of network activities, the
department and data acquisition sites may jointly purchase
equipment, materials, and services from funds provided under this
appropriation for use by the network and, when considered
practical by the department, may utilize the services of
appropriate state purchasing agencies.
The foregoing appropriation item 200-427, Academic Standards,
shall be used by the Department of Education to develop and
disseminate academic content standards. These funds shall be used
to develop academic content standards and curriculum models and to
fund communication of expectations to teachers, school districts,
parents, and communities.
Section 44.07. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $3,700,000 in fiscal
year 2002
shall be used to continue previously awarded venture capital
grants of $25,000 to 148 schools
and up to $975,000 in fiscal year
2003 shall be used to continue previously awarded venture capital
grants of
$25,000 to 39 schools.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, $4,500,000 in fiscal year 2002 and
$5,000,000 in fiscal
year 2003 shall be used for the development
and distribution of
school report cards pursuant
to section
3302.03 of the Revised Code, for the
development of core
competencies for the proficiency tests, and to
support the
recommendations of the Governor's Commission for Student
Success.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
$7,500,000 in fiscal year 2002 and
$8,500,000 in fiscal year 2003 shall be
used to provide technical
assistance to school districts that are declared to
be in a state
of academic watch or academic emergency under section 3302.03 of
the Revised Code to develop their continuous improvement plans as
required in
section 3302.04 of the Revised Code.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $150,000 in each fiscal year shall
be used to support a
teacher-in-residence at the Governor's office
and related support
staff, travel
expenses, and administrative
overhead.
SCHOOL CONFLICT MANAGEMENT
Of the foregoing appropriation item 200-432, School Conflict
Management,
amounts shall be used by the Department of Education
for the purpose of
providing dispute resolution and conflict
management training, consultation,
and materials for school
districts, and for the purpose of providing
competitive
school
conflict management grants to school districts.
The Department of Education shall assist the Commission on
Dispute Resolution
and Conflict Management in the development and
dissemination of the school
conflict management
program. The
assistance provided
by the Department of Education shall include
the assignment of a
full-time employee of the department to the
Commission on Dispute
Resolution and Conflict Management to
provide technical and
administrative support to maximize the
quality of dispute
resolution and conflict management programs and
services provided
to school districts.
Of the foregoing appropriation item 200-432, School Conflict
Management, up to $5,000 in fiscal year 2002 shall be used to
support the Character Council Initiative. The Initiative works to
instill character and values at all levels in the community.
READING/WRITING IMPROVEMENT
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $12,396,970 in each fiscal year shall be used
for professional development in literacy for classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $1,780,268 in fiscal year 2002 and up to
$1,815,874 in fiscal year 2003 shall be used by the Department of
Education to fund the Reading Recovery Training Network, to cover
the cost of release time for the teacher trainers, and to provide
grants to districts to implement other reading improvement
programs on a pilot basis. Funds for this appropriation item may
also be used to conduct evaluations of the impact and
effectiveness of Reading Recovery and other reading improvement
programs.
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, $250,000 in each fiscal year shall be used to
continue the Waterford Early Reading program.
The remainder of appropriation item 200-433, Reading/Writing
Improvement, shall be used by the Department of Education to
develop and support reading and writing improvement programs by
providing a common assessment/profile instrument for elementary
school buildings, literacy specialist support and training
programs, and incentives for teachers to complete professional
development programs.
The foregoing appropriation item 200-437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
and report results from the tests required
under sections
3301.0710 and 3301.0711 of
the Revised Code and for similar
purposes as required by section
3301.27 of the Revised Code.
Of the foregoing appropriation item 200-438, Safe Schools,
$230,000 in each fiscal year shall be used for the development and
operation of a Safe Schools Center. The Department of Education
shall oversee the creation of a center to serve as a coordinating
entity to assist school district personnel, parents, juvenile
justice representatives, and law enforcement in identifying
effective strategies and services for improving school safety and
reducing threats to the security of students and school personnel.
Of the foregoing appropriation item 200-438, Safe Schools, up
to $1,800,000 in each fiscal year shall be used for a safe-school
help line program for students, parents, and the community to
report threats to the safety of students or school personnel. The
Department of Education shall establish criteria to distribute
these funds to school districts whose superintendents indicate the
program would be a meaningful aid to school security.
Of the foregoing appropriation item 200-438, Safe Schools, up
to $20,000 in each fiscal year may be used by schools for the
Eddie Eagle Gun Safety Pilot Program. School districts wishing to
participate in the pilot program shall apply to the Department of
Education under guidelines established by the Superintendent of
Public Instruction.
Of the foregoing appropriation item 200-441, American Sign
Language, up to $153,000 in fiscal year 2002 and up to $156,060
in fiscal year 2003
shall be used to implement pilot projects for
the integration of
American Sign Language deaf language into the
kindergarten
through twelfth-grade curriculum.
The remainder of the appropriation shall be used by the
Department of Education to provide supervision and consultation
to
school districts in dealing with parents of handicapped
children
who are deaf or hard of hearing, in integrating American
Sign
Language as a foreign language, and in obtaining
interpreters and
improving their skills.
The foregoing appropriation item 200-442, Child Care
Licensing, shall be used
by the Department of Education to license
and to inspect preschool and
school-age child care programs in
accordance with sections 3301.52 to 3301.59
of the Revised Code.
Of the foregoing appropriation item 200-444, Professional
Recruitment, $1,300,000 in each fiscal year shall be used by the
Department of Education to establish programs targeted at
recruiting underrepresented populations into the teaching
profession. In each year, the recruitment programs shall include,
but not be limited to, alternative teacher licensure or
certification programs emphasizing the recruitment of highly
qualified minority candidates into teaching, including emphasizing
the recruitment of highly qualified minority candidates into
teaching positions in schools that have a high percentage of
minority students. The recruitment programs also shall target
recruiting qualified candidates available as a result of
downsizing of the military and business sectors. Funding also
shall be targeted to statewide, regional, and local programs that
are competitively selected as promising programs demonstrating the
potential of significantly increasing Ohio's minority teaching
force.
The remainder of appropriation item 200-444 shall be used by
the Department of Education for recruitment programs targeting
special needs areas: recruiting prospective mathematics and
science teachers, recruiting special educators, recruiting
principals, developing a web-based placement bureau, establishing
a pre-collegiate program to target future teachers, and piloting
paraeducators-to-teacher programs.
OHIOREADS ADMIN/VOLUNTEER SUPPORT
The foregoing appropriation item 200-445, OhioReads
Admin/Volunteer Support,
may be allocated by the OhioReads Council
for volunteer coordinators in
public school buildings, to
educational service centers for costs associated
with volunteer
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with
administering the program.
Section 44.08. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education
Management
Information System, shall be used by the Department of
Education to provide school districts
with the means to implement
local automated information systems and to implement, develop, and
improve the
Education Management
Information System (EMIS) for the
common student information management software developed by the
Department of Education.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $1,000,000 in each fiscal
year
may be used by the Department of Education to assist
designated data
acquisition sites or school districts with
deployment and implementation of the common student
management
record system software, and for
hardware, personnel, equipment,
staff development, software, and
forms modification, as well as to
support EMIS special report
activities in the department.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $2,213,639 in fiscal year
2002 and up to $1,476,760 in
fiscal year 2003 shall be distributed
to designated data
acquisition sites for costs relating to
processing, storing,
and transferring data for the effective
operation of the
EMIS. These costs may include, but are not
limited to,
personnel, hardware, software development,
communications
connectivity, professional development, and support
services, and
to provide services to participate in the State
Education
Technology Plan pursuant to section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $7,763,297 in fiscal year
2002 and up to $8,999,708 in
fiscal year 2003 shall be distributed
to school districts, community schools established under Chapter
3314. of the Revised Code, education service centers, and
joint
vocational school districts on a per-pupil basis. From
this
funding, each school district or community school established
under Chapter 3314. of the Revised Code with enrollment greater
than 100
students and each vocational school district shall
receive a
minimum of $5,000 for each year of the biennium. Each
school
district or community school established under Chapter
3314. of the Revised Code with enrollment between one and one
hundred and each
education service center and each county board of
MR/DD that submits data through EMIS shall receive $3,000 for each
year of
the biennium. This money shall be used for costs
associated with
the development and operation of local automated
record-based
information systems that provide data as required by
the education
management information system, and facilitate local
district,
school, and classroom management activities.
GED TESTING/ADULT HIGH SCHOOL
The foregoing appropriation item 200-447, GED Testing/Adult
High School, shall be used to provide General Educational
Development (GED) testing at no cost to applicants,
pursuant to
rules adopted by the State Board of Education. The Department
of
Education shall reimburse school districts and community schools,
created
in accordance with Chapter 3314. of the Revised Code,
for
a portion of the costs incurred in providing summer instructional
or
intervention services to students who have not graduated due to
their
inability to pass one or more parts of the state's ninth
grade proficiency
test. School districts shall also provide such
services to students who are
residents of the district pursuant to
section 3313.64 of the Revised Code, but
who are enrolled in
chartered, nonpublic schools. The services shall be
provided in
the public school, in nonpublic schools, in public centers, or in
mobile units located on or off the nonpublic school premises. No
school
district shall provide summer instructional or intervention
services to
nonpublic school students as authorized by this
section unless such services
are available to students attending
the public schools within the district.
No school district shall
provide services for use in religious courses,
devotional
exercises, religious training, or any other religious activity.
Chartered, nonpublic schools shall pay for any unreimbursed costs
incurred by school districts for providing summer costs incurred
by school
districts for providing summer instruction or
intervention services to
students enrolled in chartered, nonpublic
schools. School
districts may provide these services to students
directly or
contract with postsecondary or nonprofit
community-based institutions in
providing instruction. The
appropriation also shall be used for
state reimbursement to
school districts for adult high school
continuing education
programs pursuant to section 3313.531 of the
Revised Code or for
costs associated with awarding adult high
school diplomas under
section 3313.611 of the Revised Code.
Of the foregoing appropriation item 200-455, Community
Schools, up
to $100,000 in each fiscal year may be used by the
Lucas County
Educational Service Center to pay for additional
services
provided to community schools, subject to the reporting
by the service
center of actual expenses incurred to the
Department of Education. Up to
$1,628,935 in fiscal year 2002 and
up to
$1,724,517 in fiscal year 2003 may be used by the Office of
School Options in the Department of Education for additional
services and responsibilities under section 3314.11 of the Revised
Code.
The remaining appropriation may be used by the Department of
Education and the Lucas County Educational Service Center to make
grants of up to $50,000 to each proposing group with a preliminary
agreement obtained under division (C)(2) of section 3314.02 of
the
Revised Code
in order to defray planning
and initial start-up
costs. In the first year of operation of a community
school, the
Department of Education and the Lucas County Educational Service
Center may make a grant of no more than $100,000 to the governing
authority of the school to partially defray additional start-up
costs. The amount of the grant shall be based on a thorough
examination of the needs of the community school. The Department
of Education and the Lucas County Educational Service Center shall
not utilize moneys received under this section for any other
purpose other than those specified under this section. The
department shall allocate an amount to the Lucas County
Educational Service Center for grants to schools in the Lucas
County
area under this paragraph.
A community school awarded start-up grants from appropriation
item 200-613,
Public Charter Schools (Fund 3T4), shall not be
eligible for
grants under this section.
Section 44.09. SCHOOL FINANCE EQUITY
The foregoing appropriation item 200-500, School Finance
Equity, shall be
distributed to school districts based on the
formula specified in section
3317.0213 of the
Revised Code.
Section 44.10. BASE COST FUNDING
The foregoing appropriation item 200-501, Base Cost Funding,
includes $91,488,407 in fiscal year 2003 for the state education
aid offset due to the change in public utility valuation as a
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd
General Assembly. This amount represents the total state
education aid offset due to the valuation change for school
districts and joint vocational school districts from all relevant
line item sources. If it is determined that the state education
aid offset is more than $91,488,407, the Controlling Board may
increase the appropriation for item 200-501, Base Cost Funding, by
the difference amount if presented with such a request from the
Department of Education. The appropriation increase, if any, is
hereby appropriated. If it is determined that the state education
aid offset is less than $91,488,407, the Director of Budget and
Management shall then reduce the appropriation for item 200-501,
Base Cost Funding, by the difference amount and notify the
Controlling Board of this action. The appropriation decrease
determined by the Director of Budget and Management, if any, is
hereby approved, and appropriations are hereby reduced by the
amount determined.
Of the foregoing appropriation item 200-501, Base Cost
Funding,
up to $425,000 shall be expended in each year of the
biennium for
court payments pursuant to section 2151.357 of the
Revised Code;
an amount shall be
available each year of the
biennium for the cost of the
reappraisal guarantee pursuant to
section 3317.04 of the Revised
Code; an amount shall be available
in each year of the biennium to fund up to
225 full-time
equivalent approved GRADS teacher grants pursuant to
division (R)
of section 3317.024 of the Revised Code; an amount shall be
available in each year of the biennium to make
payments to school
districts pursuant to division (A)(2) of section 3317.022
of the
Revised Code; an amount shall be available in fiscal year 2003 to
make payments to school districts pursuant to division (F) of
section 3317.022 of the Revised Code; an amount shall be available
in fiscal year 2002 to make payments to school districts pursuant
to division (C) of section 3317.0212 of the Revised Code; and up
to $15,000,000 in
each year of the biennium
shall be
reserved for
payments pursuant
to sections 3317.026,
3317.027,
and 3317.028 of
the Revised Code
except that the
Controlling
Board may increase
the $15,000,000
amount if presented
with such a
request from the
Department of
Education. Of the
foregoing
appropriation item
200-501, Base Cost
Funding,
up to
$14,000,000 in fiscal year 2002
and up to $23,000,000 in fiscal year 2003 shall be used to
provide
additional
state aid to school districts for special
education
students pursuant to division (C)(5) of section 3317.022
of the
Revised Code; up to $2,000,000 in each year of the
biennium
shall
be reserved for Youth Services tuition payments
pursuant to
section 3317.024 of the Revised Code; and
up to $52,000,000 in
each fiscal year shall be
reserved to fund the state reimbursement
of educational service centers
pursuant to section 3317.11 of the
Revised Code.
Of the foregoing appropriation item 200-501, Base Cost
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a pilot program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section titled
"Private Treatment Facility
Pilot
Project."
The remaining portion of appropriation item 200-501, Base
Cost Funding, shall be
expended for the public
schools of city,
local, exempted village,
and joint vocational school districts,
including base cost
funding, special education weight funding,
special education
speech service enhancement funding,
career-technical
education weight
funding, career-technical
education associated service
funding,
guarantee funding, and
teacher training and experience
funding
pursuant to sections
3317.022, 3317.023, 3317.0212, and
3317.16 of
the Revised Code.
Appropriation items 200-500, School Finance Equity, 200-501,
Base Cost Funding, 200-502, Pupil Transportation, 200-520,
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other
than specific set-asides, are collectively used to pay state
formula aid obligations for school districts and joint vocational
school districts pursuant to Chapter 3317. of the Revised Code.
The first priority of these appropriation items, with the
exception of specific set-asides, is to fund state formula aid
obligations under Chapter 3317. of the Revised Code. It may be
necessary to reallocate funds among these appropriation items in
order to meet state formula aid obligations. If it is determined
that it is necessary to transfer funds among these appropriation
items to meet state formula aid obligations, the Department of
Education shall seek approval from the Controlling Board to
transfer funds among these appropriation items.
Section 44.11. SUPPLEMENTAL PAYMENT
Upon the recommendation of the Superintendent of Public
Instruction, and subject to the approval of the Controlling Board,
the Department of Education shall pay a school district in fiscal
year 2002 an amount not greater than the difference between the
following:
(A) The cost of increasing teachers' salaries above the
district's salary schedule to comply with division (C) of section
3317.13 of the Revised Code as amended by this act, multiplied by
one hundred fourteen per cent;
(B) The district's increases in state funds for fiscal year
2002.
The increases in state funds for fiscal year 2002 shall be
calculated by determining additional state funds received for
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029,
3317.0212, and 3317.053 and division (P) of section 3317.024 of
the Revised
Code and
uncodified sections of this act, above the
amount of
state funds the
district received for fiscal year 2001
under
sections 3317.022,
3317.023, 3317.029, 3317.0212, and
3317.162 and
division (P) of section
3317.024 of the
Revised Code
and
uncodified sections of Am. Sub. H.B. 282 of the
123rd General
Assembly.
The Department shall determine application procedures
and a
schedule for applications and payments under this section,
which
shall be subject to the approval of the Controlling Board.
The
Department may pay one-half of an estimated amount of a
district's
payment under this section during the first half of
fiscal year
2002, and the remainder of the actual calculated
amount during the
second half of the fiscal year. Subject to the
approval of the
Controlling Board, the amount of any overpayments
under this
section shall be deducted from payments made to the
school
district under Chapter 3317. of the Revised Code for the
remainder
of the fiscal year.
Section 44.12. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $800,000 in fiscal year 2002 and up to
$822,400 in fiscal year 2003 may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
department; an amount shall be available in each year of the
biennium to be used for special education transportation
reimbursements. The
reimbursement rate in each year shall be
based on the rate defined in division
(D) of section 3317.022 of
the Revised Code. The remainder of appropriation item 200-502,
Pupil Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and the Revised Code.
The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts and
educational service
centers pursuant to
rules adopted under
section 3317.07 of the Revised Code. Up to
25 per cent of the
amount appropriated may be used to reimburse
school districts and
educational service centers for the purchase of buses to
transport
handicapped and nonpublic school students.
The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Section 44.13. ADULT LITERACY EDUCATION
The foregoing appropriation item 200-509, Adult Literacy
Education, shall be used to support adult basic and literacy
education instructional programs and the State Literacy Resource
Center Program.
Of the foregoing appropriation item 200-509, Adult
Literacy
Education, up to $543,150 in fiscal
year 2002 and up to $554,013
in fiscal year 2003 shall be used
for the support and operation
of
the State Literacy Resource Center.
The remainder shall be used to continue to satisfy the
state
match and maintenance of effort requirements for the support and
operation of the
Department of Education-administered
instructional grant program
for adult basic and literacy education
in accordance with the
department's state plan for adult basic and
literacy education as
approved by the State Board of Education and
the Secretary of the
United States Department of Education.
The foregoing appropriation item 200-511, Auxiliary
Services,
shall be used by the State Board of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $1,250,000 in fiscal year 2002 and up to
$1,500,000 in fiscal year 2003 may be used for payment of the
Post-Secondary Enrollment
Options Program for nonpublic students
pursuant to section
3365.10 of the Revised Code.
STUDENT INTERVENTION SERVICES
The foregoing appropriation item 200-513, Student
Intervention Services,
shall be used to assist districts
providing
the intervention services specified in section 3313.608 of the
Revised Code.
The Department of Education
shall establish
guidelines for the use and distribution of these moneys. School
districts receiving funds from this appropriation shall report to
the Department of Education on how funds were used.
No later than July 15, 2002, the Director of Budget and
Management
shall transfer $35,000,000 from Fund 3W6, TANF
Education, to the General
Revenue Fund. The transferred funds are
appropriated for the
appropriation item 200-513, Student
Intervention Services. The foregoing appropriation item
200-513,
Student Intervention Services, includes transferred funds of
$35,000,000 in fiscal year 2003.
The Department of Education shall comply with all TANF
requirements,
including reporting requirements and timelines, as
specified in state and
federal laws, federal regulations, state
rules, and the Title IV-A state
plan, and is responsible for
payment of any adverse audit finding, final
disallowance of
federal financial participation, or other sanction or
penalty
issued by the federal government or other entity concerning these
funds.
POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION
The foregoing appropriation item 200-514,
Post-Secondary/Adult Career-Technical Education, shall be used by
the
State Board of Education to provide post-secondary/adult
career-technical education under sections 3313.52 and 3313.53 of
the
Revised Code.
Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Career-Technical Education, up to $500,000
in
each
fiscal year shall be allocated for the Ohio Career
Information
System (OCIS) and used for the dissemination of
career
information
data to public schools, libraries, rehabilitation
centers, two-
and four-year colleges and universities, and other
governmental
units.
Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Career-Technical
Education, up to $40,000 in
each
fiscal year shall be used for the statewide
coordination of
the
activities of the Ohio Young Farmers.
DISADVANTAGED PUPIL IMPACT AID
The foregoing appropriation item 200-520, Disadvantaged
Pupil
Impact Aid, shall be distributed to school districts according to
section
3317.029 of the Revised Code.
However, no money shall be
distributed for all-day kindergarten to any school district whose
three-year
average formula ADM exceeds 17,500 but whose DPIA index
is not at least equal
to 1.00 in each fiscal year, unless the
Department of Education
certifies that
sufficient funds
exist in
this appropriation to
make all other
payments required by section
3317.029 of the
Revised Code.
The Department of Education shall pay all-day, everyday
kindergarten funding
to all school districts in fiscal year 2002
and fiscal year 2003 that
qualified for and provided the service
in a preceding fiscal year pursuant to
section
3317.029 of the
Revised Code, regardless of changes to such districts'
DPIA
indexes in fiscal year 2002 and fiscal year 2003.
The Department of Education shall pay to community
schools an
amount for all-day kindergarten if the school district in which
the
student is entitled to attend school is eligible but does not
receive a
payment for all-day kindergarten, pursuant to division
(B) of section
3314.13 of the Revised Code, and the student is
reported by
the community school as enrolled in all-day
kindergarten at the community
school.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
up to $3,200,000 in fiscal year 2002 and up to
$3,300,000 in fiscal year 2003
shall be used for school breakfast
programs. Of these amounts, up to
$500,000
shall be used each
year by the Department of Education to provide start-up
grants to
rural school districts and to school districts with less than
1,500
ADM that start school breakfast programs. The
remainder of
the appropriation shall be used to: (1) partially
reimburse
school buildings within school districts that are required to have
a
school breakfast program pursuant to section 3313.813 of the
Revised Code, at
a rate decided by the department, for each
breakfast served to any pupil
enrolled in the district; (2)
partially reimburse districts participating in
the National School
Lunch Program that have at least 20 per cent of students
who are
eligible for free and reduced meals according to federal
standards, at
a rate decided by the department; and (3) to
partially reimburse
districts participating in the National School
Lunch Program for breakfast
served to children eligible for free
and reduced meals enrolled in the
district, at a rate decided by
the department.
Of the portion of the funds distributed to the Cleveland City
School
District under section 3317.029 of the Revised Code
calculated under division (F)(2) of that section, up to
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal
year 2003
shall be used to operate the pilot school
choice program
in the Cleveland City School District pursuant to sections
3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
$1,000,000 in each fiscal year shall be used
to
support dropout recovery programs
administered by the Department
of Education, Jobs for Ohio's Graduates
Program.
Section 44.14. GIFTED PUPIL PROGRAM
The foregoing appropriation item 200-521, Gifted Pupil
Program, shall be used
for gifted education units not to exceed
1,150 in fiscal year 2002 and 1,170 in
fiscal year 2003 pursuant
to
division (P) of section 3317.024 and
division (F) of section
3317.05 of
the Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, the
Department of Education may expend up to $1,000,000
each
year for the Summer Honors Institute for
gifted freshman and
sophomore high school students. Up to $600,000 in each
fiscal
year shall be used for research and demonstration projects. The
Department of Education shall research and evaluate the
effectiveness of gifted education programs in Ohio. Up to
$70,000
in each year shall be used for the Ohio
Summer School for
the
Gifted (Martin Essex Program).
Section 44.15. PARITY AID
The foregoing appropriation item 200-525, Parity Aid, shall
be distributed to school districts based on the formulas specified
in section 3317.0217 of the Revised Code.
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT
The foregoing appropriation item 200-532, Nonpublic
Administrative Cost Reimbursement, shall be used by the State
Board of Education for the purpose of implementing section
3317.063 of the Revised Code.
The foregoing appropriation item 200-534, Desegregation
Costs, shall be used to pay the legal fees
associated
with
desegregation cases brought against the state.
As part of managing state desegregation costs, any board
of
education of a school district subject to a federal court
desegregation order that requires the district board to bus
students for the purpose of racial balance shall, within one year
after the effective date of this section:
(1) Update its plan required under Am. Sub. H.B. 298 of
the
119th General Assembly designed to satisfy the court so as to
obtain release from the court's desegregation order; and
(2) Submit an updated copy of the plan to the State Board of
Education.
Upon request of the district board, the State Board
shall provide
technical assistance to the school district board in
developing a
plan.
Within ninety days after the date on which the plan is
submitted
to the State Board of Education, the district board, or
the
district board and
the State Board of Education jointly if
both
are parties to the
desegregation
case, shall submit the plan
to
the court and apply for release
from the court's desegregation
order.
Section 44.16. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $45,295,000 in
fiscal year 2002 and
up to $47,809,750 in fiscal year 2003 shall be used to
fund
special education and related services at
county boards of mental
retardation and developmental disabilities for
eligible students
under section 3317.20 of the
Revised Code. Up
to
$2,500,000 shall
be used in each fiscal year
to fund up to 57
special education
classroom and related services
units at
institutions.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$3,293,959 in fiscal year 2002 and
up to
$3,425,717 in fiscal year 2003
shall be used for home
instruction
for
handicapped children; up to
$1,500,000 in each
fiscal year
shall be used for parent mentoring programs;
and up
to
$2,744,966
in fiscal year 2002 and up to $2,854,764 in fiscal year
2003 may be
used
for school psychology interns.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $3,852,160 in fiscal year 2002 and up to
$4,006,246 in
fiscal year 2003 shall
be used by the Department of
Education to assist school
districts in funding aides pursuant to
paragraph
(A)(3)(c)(i)(b) of rule
3301-51-04 of the Administrative
Code.
Of the foregoing appropriation item 200-540, Special
Education Enhancements,
$78,623,506 in each
fiscal year shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units in accordance with
section 3317.161 of
the Revised Code. The department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-31-05 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers. The
Controlling
Board may approve
the transfer of unallocated funds
from
appropriation item 200-501,
Base Cost Funding, to
appropriation item 200-540, Special
Education Enhancements, to
fully fund existing units as
necessary
or to fully fund additional
units. The Controlling
Board may
approve the transfer of
unallocated funds from
appropriation item
200-540,
Special
Education Enhancements, to appropriation
item
200-501, Base Cost
Funding,
to fully fund the special education
weight cost funding.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using a common instrument prescribed by the department and report
results annually. The reporting dates and methodology shall be
determined by the department.
The department shall adopt rules addressing the use of
screening
and assessment data including, but not limited to:
(1) Protection of
the identity of individual children
through assignment of a unique,
but not personally identifiable,
code;
(3) Use of the child data by school personnel as it relates
to kindergarten
entrance.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $808,081 in fiscal year 2002 and up
to $832,323 in fiscal year 2003 shall
be
allocated to provide
grants to research-based reading mentoring
programs for students
with disabilities in kindergarten through
fourth grade. Priority
shall be given to mentoring programs that
have been recognized by
the Education Commission of the States as
promising educational
practices for accelerating student
achievement, are easily
replicated, have strong evaluative
components, and have goals
aligned to the Ohio Proficiency Test.
Programs may be implemented
at times deemed most appropriate.
Certified staff shall
administer these programs and testing of
participants shall be
required prior to, during, and after
participation in these
programs. The results of the tests shall
be reported to the
Governor, Superintendent of Public Instruction,
and General
Assembly.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $86,000
in each fiscal year shall be
used to conduct a
collaborative pilot
program to provide
educational services and
develop best
educational practices for
autistic children. The
pilot program
shall include, but not be
limited to, the
involvement of the Wood
County Board of Mental
Retardation and
Developmental Disabilities,
Wood County
Educational Services
Center, Children's Resource
Center of Wood
County, and the Family
and Children First Council of Wood
County.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $303,030 in fiscal year 2002 and up
to $312,121 in fiscal year 2003 shall
be expended
to conduct a
demonstration project involving language
and literacy
intervention
teams supporting student acquisition of
language and
literacy
skills. The demonstration project shall
demonstrate
improvement
of language and literacy skills of at-risk
learners
under the
instruction of certified speech language
pathologists
and
educators. Priority in awarding grants funding in this program
shall be given to existing targeted programs originally funded
under Am. Sub. H.B. 282 of the 123rd General Assembly and that are
currently being applied in school districts. Grants awarded under
this program shall be made in conjunction with the Ohio Coalition
for Education of Children with Disabilities. Baseline data shall
be collected and
comparison
data
for fiscal year 2002 and fiscal
year 2003 shall be
collected
and
reported to the Governor,
OhioReads Council,
Department of
Education, and the General
Assembly.
Section 44.17. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to
$2,616,001 in
each fiscal year shall
be used to fund career-technical
education units at
institutions.
Up
to
$4,200,000 in fiscal year 2002 and up to $4,182,775 in
fiscal year 2003 shall be used to
fund the Jobs for
Ohio Graduates
(JOG) program.
Of the foregoing appropriation item 200-545, Career-Technical
Education
Enhancements, up to $4,207,573 in fiscal year 2002 and
up to $4,457,573 in
fiscal year 2003 shall be used by the
Department of Education to fund
competitive grants to tech prep
consortia that expand the number of students
enrolled in tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs provided to students enrolled in
school
districts, including joint vocational school districts, and
affiliated higher education institutions.
If federal funds for career-technical
education cannot be
used for
local school district leadership without
being matched by
state
funds, then an amount as determined by the
Superintendent of
Public Instruction shall be made
available from
state funds
appropriated for career-technical education. If any state
funds
are
used for this purpose, federal funds in an equal amount
shall
be
distributed for career-technical education in accordance with
authorization of the state plan for vocational education for Ohio
as approved by the Secretary of the United States
Department of
Education.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements,
$3,000,000 in
fiscal year 2002 and
$3,250,000 in fiscal year 2003 shall be
used to provide
an amount
to each eligible school district for the
replacement or
updating
of equipment essential for the instruction
of students
in job
skills taught as part of a career-technical
program
or programs
approved
for such instruction by the State
Board of
Education.
School
districts replacing or updating
career-technical
education
equipment may
purchase or
lease such
equipment. The
Department of
Education
shall
review and approve
all equipment
requests and may
allot
appropriated funds to
eligible
school
districts on the basis
of
the number of full-time
equivalent
workforce
development
teachers
in all eligible
districts making
application for funds.
The State Board of Education may adopt standards
of need for
equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education,
appropriated
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall
be
provided to a school district on a 30, 40, or 50 per cent of
cost
on the basis of a district career-technical priority index rating
developed by the Department of Education for all districts
each
year. The career-technical priority index shall give preference
to
districts with a large percentage of disadvantaged students and
shall include other socio-economic factors as determined by the
State Board of Education.
Of the foregoing appropriation item
200-545, Career-Technical
Education Enhancements, up to $3,650,000 in each
fiscal year shall
be
used to support
existing High Schools That Work (HSTW) sites,
develop new sites,
fund technical assistance, and support regional
centers and middle
school programs. The purpose of HSTW is to
combine challenging
academic courses and modern vocational and
technical studies to
raise the academic achievement of students.
It provides intensive
technical assistance, focused staff
development, targeted
assessment services, and ongoing
communications and networking
opportunities.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, $3,750,000 in fiscal year 2002 and
$4,000,000 in fiscal year 2003 shall be used to enable students to
develop individualized career plans and career passports.
Of the foregoing appropriation item 200-545, Career-Technical
Educational Enhancements, $250,000 in each fiscal year shall be
used by the Department of Education to establish the Voc-Ag 5th
Quarter Pilot Project. The project shall enable students in
agricultural programs to enroll in a fifth quarter of instruction.
The fifth quarter concept is based on the long-standing and
successful agricultural education model of delivering work-based
learning through supervised agricultural experience. The
Department of Education shall establish rules governing
eligibility criteria and the reporting process for the project
that must include the following: (1) a school is required to hire
a certified teacher for the fifth quarter, (2) a school must have
a curriculum for the fifth quarter that is approved by the
Department of Education, (3) students must earn credit for the
agricultural experience, (4) the program must be approved by the
school district?s superintendent, and (5) the program must be in
existence on the effective date of this section. The Department
of Education shall fund as many programs as possible given the
$250,000 set aside. The Department of Education shall report
students? performance results under the project to the General
Assembly not later than December 31, 2002.
Section 44.18. CHARGE-OFF SUPPLEMENT
The foregoing appropriation item 200-546, Charge-Off
Supplement, shall be used
by the Department of Education to make
payments pursuant to section 3317.0216
of the Revised Code.
COUNTY MR/DD BOARDS - VEHICLE PURCHASES
The foregoing appropriation item 200-552, County MR/DD
Boards
Vehicle Purchases, shall be used to provide financial
assistance
to MR/DD boards for the purchase of vehicles as
permitted in
section 3317.07 of the Revised Code.
COUNTY MR/DD BOARDS - TRANSPORTATION
The foregoing appropriation item 200-553, County MR/DD
Boards
Transportation Operating, shall be used to provide
financial
assistance for transportation operating costs as
provided in
division (M) of
section 3317.024 of the Revised Code.
EMERGENCY LOAN INTEREST SUBSIDY
The foregoing appropriation item 200-558, Emergency Loan
Interest Subsidy, shall be used to provide a subsidy to
school
districts receiving emergency school loans pursuant to section
3313.484
of the Revised Code. The subsidy shall be used to pay
these districts the
difference between
the amount of interest the
district is paying on an emergency loan, and the
interest that the
district would have paid if the interest rate on the loan
had been
two per cent.
Section 44.19. OHIOREADS GRANTS
Of the foregoing appropriation item 200-566, OhioReads
Grants, $21,898,000
each
year shall be disbursed by the OhioReads
Office in the Department of Education
at the direction of the
OhioReads Council to provide classroom grants to
public schools
in
city, local, and exempted village school districts;
community
schools; and educational service centers serving kindergarten
through fourth
grade students, except that the Department of
Education may use these funds to support the STARS program
previously operated by the Department of Aging.
Of the foregoing appropriation item 200-566, OhioReads
Grants, $5,000,000 each
year shall be disbursed by the OhioReads
Office in the Department of Education
at the direction of the
OhioReads Council to provide community matching
grants
to
community organizations and associations, libraries, and others
for
tutoring, tutor recruitment and training, and parental
involvement.
Of the foregoing appropriation item 200-566, OhioReads
Grants, $250,000 in each fiscal year shall be allocated to provide
grants to research-based reading mentoring programs for students
with disabilities in kindergarten through fourth grade. Priority
shall be given to mentoring programs that have been recognized by
the Education Commission of the States as promising educational
practices for accelerating student achievement, are easily
replicated, have strong evaluative components, and have goals
aligned to the Ohio proficiency tests. Programs may be
implemented at times deemed most appropriate but at least one
program shall be created for and applied in an urban school
district. The awarding of these grants shall be made in
conjunction with the Ohio Coalition for Education of Children with
Disabilities. Certified staff shall administer these programs and
testing of participants shall be required prior to, during, and
after participation in these programs. The results of the tests
shall be reported to the Governor, Superintendent of Public
Instruction, the General Assembly, and the OhioReads Council.
Grants awarded by the OhioReads Council are intended to
improve reading
outcomes, especially on the fourth grade reading
proficiency test.
SCHOOL IMPROVEMENT INCENTIVE GRANTS
Of the foregoing appropriation item 200-570, School
Improvement
Incentive
Grants, up to $750,000 shall
be used to
provide grants of
up to $50,000
each to educational
best practices
award winners
selected for
superior performance by
BEST, Building
Excellent
Schools for Today
and the 21st Century.
Any grants awarded from the foregoing appropriation item
200-570,
School Improvement Incentive Grants, shall
be awarded to
individual school buildings, educational service centers, or
joint
vocational school districts, as appropriate. Grant awards shall
be
expended for staff development, classroom equipment, materials,
and books.
The principal or administrator of each grantee
shall
decide how best to use
the grant award, with input from
staff
members, consistent with the budget and grant award for the grant.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $100,000 in each fiscal year shall
be
used to support the Bellefaire Jewish Children's Bureau.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $50,000 in each fiscal year shall be
used to support the Cleveland School of Art.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $50,000 in each fiscal year shall be
used to support the Tuscarawas County Educational Service Center.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $50,000 in each fiscal year shall be
used to support LEAF.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $50,000 in each fiscal year shall be
used to support the Toledo Tech Academy.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $150,000 in fiscal year 2002 and
$300,000 in fiscal year 2003 shall be used to support the COSI
Education Project.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $25,000 in each fiscal year shall be
used to support the Magellan Program.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $25,000 in each fiscal year shall be
used to support I Know I Can Columbus.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $25,000 in each fiscal year shall be
used to support the Clerity Program.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $12,500 in each fiscal year shall be
used to support the Strongsville Youth Council.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $50,000 in each fiscal year shall be
used to support the Lorain County Access Program.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $100,000 in each fiscal year shall
be used to support the Summit County Education Initiative.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $90,000 in each fiscal year shall be
used to support the Cleveland Language Project.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $20,000 in each fiscal year shall be
used to support the Columbus Language Project.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $20,000 in each fiscal year shall be
used to support the Cincinnati Language Project.
Of the foregoing appropriation item 200-570, School
Improvement Incentive Grants, $20,000 in each fiscal year shall be
used to support the Dayton Language Project.
The foregoing appropriation item 200-573, Character
Education, shall be used by the Department of Education to provide
matching grants of up to $50,000 each to school districts to
develop pilot character education programs.
SUBSTANCE ABUSE PREVENTION
Of the foregoing appropriation item 200-574, Substance Abuse
Prevention, up to
$1,660,200 in each fiscal year shall
be used for
the Safe and Drug
Free Schools Coordinators Program. Of the
foregoing
appropriation
item 200-574, Substance Abuse Prevention,
up to $288,000 in each
fiscal year of the biennium shall be used
for the Substance Abuse
Prevention
Student Assistance Program.
The
Department of
Education and the Department of
Alcohol and Drug
Addiction
Services shall jointly develop and approve a plan
for
the
expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications
for safe and
drug free
schools coordinators. Safe and drug free
schools coordinators shall possess
or be in the process of
obtaining credentials
issued by the Ohio Credentialing Board for
Chemical Dependency Professionals
or other credentials recognized
by that board.
AUXILIARY SERVICES MOBILE REPAIR
Notwithstanding section 3317.064 of the Revised Code, if the
unobligated cash balance is sufficient, the Treasurer of
State
shall transfer $1,500,000 in fiscal year 2002 within thirty
days
after the effective date of this section and $1,500,000 in fiscal
year 2003 by August 1, 2002, from the Auxiliary Services
Personnel
Unemployment Compensation Fund to the Department of
Education's
Auxiliary Services Mobile Repair Fund (Fund 598).
Section 44.20. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200-612, Base Cost
Funding (Fund 017),
shall
be used in conjunction with appropriation item
200-501, Base
Cost
Funding (GRF), to provide payments to school districts
pursuant
to
Chapter 3317. of
the Revised Code.
Of the foregoing appropriation item 200-612,
Base
Cost
Funding (Fund 017), $25,000,000
in each fiscal year shall be used
from
the funds transferred from the
Unclaimed Prizes Trust Fund
pursuant to the section entitled
"Transfers from
the Unclaimed
Prizes Fund" of this act.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200-501, Base Cost
Funding (GRF), and
appropriation item 200-612, Base Cost Funding
(Fund 017). If adjustments to the
monthly
distribution schedule
are
necessary, the Department of
Education shall make such
adjustments with the approval of the
Director of Budget and
Management.
The Director of Budget and Management shall transfer via
intrastate transfer
voucher the
amount appropriated under the
Lottery Profits Education Fund for
appropriation item 200-682,
Lease Rental Payment Reimbursement, to the General
Revenue Fund on
a schedule determined by the director. These funds shall
support
the appropriation item 230-428, Lease
Rental Payments (GRF), of
the
School Facilities
Commission.
LOTTERY PROFITS TRANSFERS*
On the fifteenth day of May of each fiscal year, the Director
of
Budget and
Management shall determine if lottery profits
transfers
will meet
the appropriation amounts from the Lottery
Profits
Education
Fund.
On or after the date specified in each fiscal year, if the
director determines that lottery profits will not meet
appropriations and if other funds are not available to meet the
shortfall, the Superintendent of Public Instruction shall take
the
actions specified under the
"Reallocation of Funds"
section of
this act.
TRANSFERS FROM THE UNCLAIMED PRIZES FUND
By the fifteenth day of January of fiscal year 2002 and
fiscal
year 2003, the
Director of
Budget and Management shall
transfer
$25,000,000 from the State Lottery
Commission's Unclaimed
Prizes
Fund to the Lottery Profits Education Fund, to
be used
solely for
purposes specified in the Department of Education's
budget.
Transfers of unclaimed prizes under this provision shall
not count
as
lottery profits in the determination made concerning
excess
profits titled
"Lottery
Profits" under the Department of
Education
in this act.
TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200-681, Teacher
Certification and Licensure, shall be used by the Department of
Education in
each year of the biennium to administer teacher
certification and licensure
functions pursuant to sections
3301.071, 3301.074, 3301.50,
3301.51, 3319.088, 3319.22, 3319.24
to 3319.28, 3319.281,
3319.282, 3319.29, 3319.301, 3319.31, and
3319.51 of the Revised
Code.
Section 44.21. LOTTERY PROFITS
(A) There is hereby created the Lottery Profits Education
Reserve
Fund (Fund 018) in the State Treasury. At no time shall
the amount
to the credit of the fund exceed $75,000,000.
Investment earnings
of the Lottery Profits Education Reserve Fund
shall be credited to
the fund. Notwithstanding any provisions of
law to the contrary,
for fiscal years 2002 and 2003, there is
appropriated to
the Department of Education, from the
Lottery
Profits Education
Reserve Fund, an amount necessary to
make loans
authorized by
sections 3317.0210, 3317.0211, and
3317.62 of the
Revised Code.
All loan repayments from loans made
in fiscal years
1992, 1993,
1994, 1995, 1996, 1997, 1998, or 1999
shall be
deposited into the
credit of the Lottery Profits
Education Reserve
Fund.
(B)(1) On or before July 15, 2001, the Director of Budget
and
Management shall determine the amount by which lottery profit
transfers received by the Lottery Profits Education Fund for
fiscal year 2001 exceed $665,200,000.
The amount so certified
shall be distributed in fiscal year 2002 pursuant to
divisions (C)
and (D) of this section.
(2) On or before July 15, 2002, the Director of Budget and
Management shall determine the amount by which lottery profit
transfers received by the Lottery Profits Education Fund for
fiscal year 2002 exceed $608,722,100. The amount so determined
shall be distributed in fiscal year 2003 pursuant to divisions (E)
and (F) of this section.
The Director of Budget and Management shall annually certify
the
amounts determined pursuant to this section to the Speaker of
the
House of Representatives and the President of the Senate.
(C) Not later than June 15, 2002, the Department of
Education, in
consultation with the Director of Budget and
Management, shall
determine, based upon estimates, if a
reallocation of funds as
described in the section of this act
titled
"Reallocation of Funds"
is required.
If a reallocation of funds is required, then the
Superintendent of
Public Instruction shall request Controlling
Board approval for a
release of any balances in the Lottery
Profits Education Fund
available for the purpose of this division
and pursuant to
divisions (C)(1) and (2) of the section of this
act titled
"Reallocation of
Funds." Any moneys so released are
appropriated.
(D) In fiscal year 2002, if the Department of Education does
not
determine that a reallocation of funds is necessary by the
fifteenth day of
June, as
provided in division (C) of this
section, or if there is a balance
in the Lottery Profits Education
Fund after the release of any
amount needed to preclude a
reallocation of funds as provided in
division (C) of this section,
the moneys in the Lottery Profits
Education Fund shall be
allocated as provided in this division.
Any amounts so allocated
are appropriated.
An amount equal to five per cent of the estimated lottery
profits of $665,200,000 in fiscal year 2001 or the amount
remaining in the fund, whichever is the lesser amount, shall be
transferred to the Lottery Profits Education Reserve Fund within
the limitations specified in division (A) of this section and be
reserved and shall not be available for allocation or distribution
during fiscal year 2002. Any amounts exceeding $75,000,000 shall
be distributed pursuant to division (G) of this
section.
(E) Not later than June 15, 2003, the Department of
Education, in
consultation with the Director of Budget and
Management, shall
determine, based upon estimates, if a
reallocation of funds as
described in the section of this act
titled
"Reallocation of Funds"
is required.
If a reallocation of funds is required, then the
Superintendent of
Public Instruction shall request Controlling
Board approval for a
release of any balances in the Lottery
Profits Education Fund
available for the purpose of this division
and pursuant to
divisions (C)(1) and (2) of the section of this
act titled
"Reallocation of
Funds." Any moneys so released are
appropriated.
(F) In fiscal year 2003, if the Department of Education does
not
determine that a reallocation of funds is necessary by the
fifteenth day of
June, as
provided in division (E) of this
section, or if there is a balance
in the Lottery Profits Education
Fund after the release of any
amount needed to preclude a
reallocation of funds as provided in
division (E) of this section,
the moneys in the Lottery Profits
Education Fund shall be
allocated as provided in this division.
Any amounts so allocated
are appropriated.
An amount equal to five per cent of the estimated lottery
profits transfers of $608,722,100 in fiscal year 2002 or the
amount remaining in the fund, whichever is the lesser amount,
shall be transferred to the Lottery Profits Education Reserve Fund
within the limitations specified in division (A) of this section
and be reserved and shall not be available for allocation or
distribution during fiscal year 2003. Any amounts exceeding
$75,000,000 shall be distributed pursuant to division (G)
of this
section.
(G) In the appropriate fiscal year, any remaining amounts
after
the operations required by division (D) or (F) of this
section,
respectively, shall be transferred to the Public School
Building Fund (Fund
021) and such amount is appropriated to
appropriation item CAP-622,
Public School Buildings, in the School
Facilities Commission.
Section 44.22. PROPERTY TAX ALLOCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of funds
from appropriation item 200-901, Property Tax
Allocation-Education, to any other appropriation item.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
Of the foregoing appropriation item 200-687, School District
Solvency Assistance, $12,000,000 in each fiscal year shall be
allocated to the School District Shared Resource Account and
$12,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to
school
districts to enable them
to remain solvent pursuant to section
3316.20
of the Revised Code.
Assistance and grants shall be subject to
approval by the
Controlling Board. Any required reimbursements from
school
districts
for solvency assistance shall be made to the appropriate
account in the School
District Solvency Assistance Fund.
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT
The foregoing appropriation item 200-900, School District
Property Tax Replacement, shall be used by the Department of
Education, in consultation with the Department of Taxation, to
make payments to school districts and joint vocational school
districts pursuant to section 5727.85 of the Revised Code.
Section 44.23. PROPERTY TAX ALLOCATION - EDUCATION
The appropriation item 200-901, Property Tax Allocation -
Education, is appropriated to
pay for the state's costs
incurred
due to the homestead exemption
and the property tax rollback. In
cooperation with the Department
of Taxation, the Department of
Education shall
distribute these
funds directly to the appropriate
school districts of the
state,
notwithstanding sections 321.24 and
323.156 of
the
Revised Code, which provide for payment of the
homestead
exemption and
property tax rollback by the Tax
Commissioner to the
appropriate county
treasurer and the
subsequent redistribution of
these funds to the appropriate
local
taxing districts by the
county auditor.
Appropriation item 200-906, Tangible Tax Exemption -
Education is appropriated to
pay for the state's costs
incurred
due to the tangible personal
property tax exemption required by
division (C)(3) of section
5709.01 of the Revised Code. In
cooperation with
the Department
of Taxation, the Department of
Education shall distribute to
each
county treasurer the total
amount certified by the county
treasurer
pursuant to section
319.311 of the Revised Code, for all
school districts
located in
the county, notwithstanding the
provision in section 319.311 of
the
Revised Code which provides
for payment
of the $10,000
tangible personal property tax
exemption by the Tax
Commissioner
to the appropriate county
treasurer for all local taxing
districts
located in the county.
Pursuant to division (G) of section 321.24
of the Revised Code,
the county auditor shall distribute the
amount paid by
the
Department of Education among the appropriate
school districts.
Upon receipt of these amounts, each school district shall
distribute the
amount among the proper funds as if it had been
paid as real or tangible
personal property taxes. Payments for
the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation
items 200-901, Property Tax
Allocation - Education, for the homestead
exemption and the
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property
tax
exemption payments, which are determined to be necessary for
these purposes,
are appropriated.
Section 44.24. DISTRIBUTION FORMULAS*
The Department of Education shall report the following to the
Director of Budget and Management, the Legislative Office of
Education Oversight, and the
Legislative Service Commission:
(A) Changes in formulas for distributing state
appropriations, including administratively defined formula
factors;
(B) Discretionary changes in formulas for distributing
federal appropriations;
(C) Federally mandated changes in formulas for distributing
federal appropriations.
Any such changes shall be reported two weeks prior to the
effective date of the change.
Section 44.25. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY
PAYMENTS
This section shall not take effect
unless
the Director of
Budget and Management adopts an order
putting it
into effect and
certifies a copy of the order to
the
Superintendent of Public
Instruction and the Controlling
Board.
Notwithstanding any other provision of the Revised Code,
the
monthly distribution of payments made to school districts and
educational
service centers pursuant to section 3317.01 of the
Revised Code for the first
six
months of each fiscal year shall
equal, as nearly as possible,
six and two-thirds per cent of the
estimate of the amounts
payable for each fiscal year. The monthly
distribution of
payments for the last six months of each fiscal
year shall equal,
as nearly as possible, ten per cent of the final
calculation of
the amounts payable to each school district for
that fiscal year.
The treasurer of each school district or educational service
center may
accrue, in
addition to the payments defined in this
section, to the accounts
of the calendar years that end during
each fiscal year, the
difference between the sum of the first six
months' payments in
each fiscal year and the amounts the district
would have received
had the payments been made in, as nearly as
possible in each
fiscal year, twelve equal monthly payments.
Notwithstanding the limitations on the amount of borrowing
and time of payment provided for in section 133.10 of the Revised
Code but subject to sections 133.26 and 133.30
of the Revised
Code, a board of education of a school district
may
at any time
between July 1, 2001, and December 31, 2001, or
at any
time
between July 1, 2002, and December 31, 2002, borrow
money to
pay
any necessary and actual expenses of the school
district
during
the last six months of calendar years 2001 and
2002 and in
anticipation of the receipt of any portion of the
payments to be
received by that district in the first six months
of calendar
years 2002 and 2003 representing the respective
amounts accrued
pursuant to the preceding paragraph, and issue
notes to evidence
that borrowing to mature no later than the
thirtieth day of June
of the calendar year following the calendar
year in which such
amount was borrowed. The principal amount
borrowed in the last
six months of calendar years 2001 or 2002
under this paragraph may
not exceed the entire amount accrued or
to be accrued by the
district treasurer in those calendar years
pursuant to the
preceding paragraph. The proceeds of the notes
shall be used only
for the purposes for which the anticipated
receipts are lawfully
appropriated by the board of education. No
board of education
shall be required to use the authority granted
by this paragraph.
The receipts so anticipated, and additional
amounts from
distributions to the districts in the first six
months of calendar
years 2002 and 2003 pursuant to Chapter 3317.
of the Revised Code
needed to pay the interest on the notes,
shall be deemed
appropriated by the board of education to the
extent necessary for
the payment of the principal of and interest
on the notes at
maturity, and the amounts necessary to make those
monthly
distributions are appropriated from the General
Revenue
Fund. For
the purpose of better ensuring the prompt
payment of
principal of
and interest on the notes when due, the
resolution of
the board of
education authorizing the notes may
direct that the
amount of the
receipts anticipated, together with
those additional
amounts
needed to pay the interest on the
borrowed amounts, shall
be
deposited and segregated, in trust or
otherwise, to the extent,
at
the time or times, and in the manner
provided in that
resolution.
The borrowing authorized by this
section does not
constitute debt
for purposes of section 133.04
of the Revised
Code. School
districts shall be reimbursed by the
state for all
necessary and
actual costs to districts arising
from this
provision, including,
without limitation, the interest
paid on the
notes while the notes
are outstanding. The
Department of
Education shall adopt rules
that are not
inconsistent with this
section for school district
eligibility and
application for
reimbursement of such costs.
Payments of these
costs shall be
made out of any anticipated
balances in
appropriation items
distributed under Chapter 3317. of
the
Revised Code. The
department shall submit all requests for
reimbursement under these
provisions to the Controlling Board for
approval.
During the last six months of each calendar year, instead
of
deducting the amount the Superintendent of Public Instruction
would
otherwise deduct from a school
district's or educational
service center's state aid payments in accordance
with the
certifications made for such year pursuant to sections 3307.56
and
3309.51 of the Revised Code, the superintendent
shall deduct an
amount equal to forty per cent of the
amount so certified. The
secretaries of the retirement systems
shall compute the
certifications for the ensuing year under such
sections as if the
entire amounts certified as due in the
calendar year ending the
current fiscal year, but not deducted
pursuant to this paragraph,
had been deducted and paid in that
calendar year. During the
first six months of the ensuing
calendar year, in addition to
deducting the amounts the Superintendent of
Public Instruction is
required to deduct under such sections during such period, the
superintendent shall deduct from a district's or educational
service center's
state aid payments
an additional amount equal to
the amount that was certified as
due from the district for the
calendar year that ends during the
fiscal year, but that was not
deducted because of this
paragraph. The superintendent's
certifications to the Director
of Budget and Management during the
first six months of the
calendar year shall reflect such
additional deduction.
Section 44.26. REALLOCATION OF FUNDS
(A) As used in this section:
(1)
"Basic aid" means the amount calculated for
the school
district received for the fiscal year under
divisions (A) and (C)
of section
3317.022 and sections 3317.023, 3317.025 to
3317.029,
3317.0212, and 3317.0213 of the Revised
Code and the amount
computed for a joint vocational
school district under section
3317.16 of the Revised Code.
(2)
"Nonbasic aid" means the amount computed
for a school
district for fiscal year 2002 or fiscal year
2003 under Chapter
3317. of the Revised Code and
this act, excluding the district's
basic
aid and the amount computed under such chapter and acts for
educational service centers, MR/DD boards, and institutions.
(B) If in either fiscal year of the biennium the Governor
issues an order
under section 126.05 of the Revised Code to reduce
expenditures and incurred
obligations and the order requires the
superintendent to reduce
such state education payments, or if
lottery profits
transfers are
insufficient to meet the amounts
appropriated from the Lottery
Profits Education Fund for base cost
funding, and
if other funds are not sufficient to
offset the
shortfall, the superintendent shall reduce
nonbasic aid payments
so that the total amount expended in the
fiscal year will not
exceed the
amount available for expenditure pursuant to the
Governor's
order. Subject to Controlling Board approval, the
superintendent
shall reallocate appropriations not yet expended
from one
program to another.
(C)(1) If further reductions in nonbasic aid are
necessary
following the reallocations implemented pursuant to
division (B)
of this section, the superintendent shall request
the Controlling
Board to approve the use of the money
appropriated by this
division. The superintendent shall include
with the
superintendent's request a report listing the amount of reductions
that each school district will receive if the request is not
approved, and
also the amount of the reduction, if any, that will
still be required if
the use of the money appropriated by this
section is approved.
(2) In accordance with division (C)(1) of this section,
there is appropriated to the Department of Education from
the
unobligated balance remaining in the Lottery Profits
Education
Fund at the end of fiscal year 2001 the lesser of: the
unobligated
balance in the
fund, or the amount needed to preclude
a reallocation pursuant to
this section. The money appropriated
by
this division may be spent or distributed by the department
only
with the approval of the Controlling Board.
(D) If reductions in nonbasic aid are still
necessary
following the actions taken pursuant to divisions (B)
and (C) of
this section, the superintendent shall determine by
what
percentage expenditures for nonbasic aid must be
reduced for the
remainder of the fiscal year to make the total
amount distributed
for the year equal the amount appropriated or
available for
distribution. The superintendent shall reduce by that
percentage
the amount to be paid in nonbasic aid to each city, exempted
village, local, and joint vocational school district, to each
educational
service center, to each county board of mental
retardation and developmental
disabilities, and to each
institution providing special education
programs under section
3323.091 of the Revised Code for the
remainder of the fiscal year.
Section 44.27. EDUCATIONAL SERVICE CENTERS FUNDING
Notwithstanding division (B) of section 3317.11 of the
Revised Code, no funds
shall be provided to an educational service
center in either fiscal year for
any pupils of a city or exempted
village school district unless an agreement
to provide services
under section 3313.843 of the Revised Code was entered
into by
January 1, 1997, except that funds shall be provided to an
educational
service center for any pupils of a city school
district if the agreement to
provide services was entered into
within one year of the date upon which such
district changed from
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2002 or fiscal
year 2003 for the
purposes of
division (B) of section 3317.11 of
the Revised Code,
the department shall
first distribute to each
educational service
center $37 per pupil in its
service center
ADM, as defined in that
section. The remaining funds in each
fiscal year shall be
distributed proportionally, on a per-student
basis, to each educational service center for its client ADM, as
defined in that section, that is
attributable to each city and
exempted village school district
that had
entered into an
agreement with an educational service
center for that fiscal
year
under section 3313.843 of the Revised
Code by January 1, 1997.
Section 44.28. The State Board of Education shall adopt rules
in accordance with section 119.03 of the Revised Code establishing
a method for school districts to report their spending for special
education and related services. Not later than February 1, 2002,
the State Board shall file the rules in proposed form in
accordance with section 119.03 of the Revised Code. The State
Board shall make every effort to file the rules in final form so
that they apply first in fiscal year 2003.
Section 44.29. The Legislative Office of Education Oversight
shall conduct a statistical sampling of individualized education
programs developed for handicapped children under Chapter 3323. of
the Revised Code to determine the following:
(A) The extent to which school districts provide, and
handicapped children utilize, all of the following:
(2) Vocational special education coordinator services;
(B) The handicaps that school districts identify as "other
health handicaps" and the services that school districts provide
to children identified as having "other health handicaps";
(C) How school districts currently serve children identified
as having learning disabilities.
The Office shall report its findings and any recommendations
to the General Assembly no later than January 1, 2003.
Section 44.30. * For the school year commencing July 1,
2001,
or the school year commencing July 1, 2002, or both, the
Superintendent of Public Instruction may waive for the board of
education of any school district the ratio of teachers to pupils
in kindergarten through fourth grade required under paragraph
(A)(3) of rule 3301-35-03 of the Administrative Code if the
following conditions apply:
(A) The board of education requests the waiver.
(B) After the Department of Education conducts an on-site
evaluation of the district related to meeting the required ratio,
the board of education demonstrates to the satisfaction of the
Superintendent of Public Instruction
that providing the facilities
necessary to meet the
required ratio during the district's regular
school hours with
pupils in attendance would impose an extreme
hardship on the
district.
(C) The board of education provides assurances that are
satisfactory to the Superintendent of Public Instruction that the
board will act in good faith to meet the required ratio as soon
as
possible.
Section 44.31. PRIVATE TREATMENT FACILITY PILOT PROJECT
(A) As used in this section:
(1) The following are
"participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth
Services
to
provide services to children placed at the facility
by the
department and which, in fiscal year 2002 or 2003 or
both, the
department pays through appropriation item 470-401,
Care and
Custody;
(c) Paint Creek, in Bainbridge;
(e) Friars Club, in Cincinnati.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal years 2002 and
2003 to the education program
provider and in the amount
specified in this division. If there
is no school district
responsible for tuition for a residential
child and if the
participating residential treatment center to
which the child is
assigned is located in the city, exempted
village, or local
school district that, if the child were not a
resident of that
treatment center, would be the school district
where the child
is entitled to attend school under sections
3313.64 and 3313.65
of the Revised Code, that school district
shall, notwithstanding
any conflicting provision of the Revised
Code, pay tuition for
the child for fiscal years 2002 and 2003
under this division
unless that school district is providing the
educational program
to the child under division (B) of this
section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the
child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of
section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an
individualized education program as defined in
section 3323.01 of the Revised
Code, a payment for excess costs.
This payment shall equal the actual cost to
the school district,
educational service center, or residential treatment
facility of
providing special education and related
services to the student
pursuant to the student's individualized education
program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the
child for whom tuition is paid in the district's
average daily membership
certified under division (A) of section
3317.03 of the Revised Code.
(D) In each of fiscal years 2002 and 2003, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential
treatment facility, whichever is providing the
service, that
has demonstrated that it is in compliance with the
funding
criteria for each served child for whom a school district
must pay tuition
under division (C) of this section. The amount
of
the reimbursement
in either fiscal year shall be the formula
amount specified in section
3317.022 of the Revised Code, except
that the department shall
proportionately reduce this
reimbursement if sufficient funds are not
available to pay this
amount to all qualified providers.
(E) Funds provided to a school district, educational service
center, or
residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for
which
the school district, service center, or
residential treatment facility is
entitled or eligible.
(F) The Department of Education shall track the utilization
of funds
provided
to school districts, educational service
centers, and residential treatment
facilities under this section
and monitor the effect of the funding on the
educational programs
they provide in participating residential
treatment facilities.
The department shall monitor the programs for
educational
accountability.
Section 44.32. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to
provide for school district participation in the
administration of the
National
Assessment of Education Progress in
fiscal years 2002 and 2003 in accordance
with section 3301.27 of
the Revised Code.
Section 44.33. Notwithstanding Chapter 3318. of the
Revised
Code, for purposes of complying with the local share and
repayment
tax requirements of section 3318.05 of the Revised
Code, any
school district given conditional approval for
classroom
facilities assistance under section 3318.04 of the
Revised Code as
of January 1, 1993, that approved a replacement
permanent
improvement levy at the November 5, 1996, election
shall be
permitted to use the proceeds of such levy, and any
notes issued
or to be issued in anticipation thereof, as
available funds,
within the meaning specified under section
3318.03 of the Revised
Code, to pay the local share of the cost
of the approved classroom
facilities project. Notwithstanding
the local share as previously
determined for purposes of the
conditional approval of the
project, the local share shall be
equal to the amount of proceeds
to be obtained by the district
under such replacement permanent
improvement levy. Such school
districts shall not be required to
obtain approval of either of
the propositions described in
division (A) or (B) of section
3318.051 of the Revised Code. The
agreement required under
section 3318.08 of the Revised Code for
the construction and
sale of the project shall include provisions
for the transfer of
the proceeds of the replacement permanent
improvement levy, and
any notes issued in anticipation thereof, to
the school
district's project construction account, and for the
levy of the
replacement permanent improvement levy.
Section 44.34. The Superintendent of Public Instruction
shall
contract
with an independent research entity to evaluate
the
pilot
project approved pursuant to section
3313.975 of the Revised
Code.
The
evaluation shall study the impact of
scholarships on
student
attendance, conduct, commitment to
education, and
standardized
test scores; parental involvement;
the
school
district's ability
to provide services to district
students; and
the availability of
alternative educational
opportunities. The
evaluation shall also
study the economic
impact of
scholarships on
the school district.
Section 44.35. Notwithstanding division (C)(1) of
section
3313.975 of the
Revised Code, in addition to students in
kindergarten through third grade,
initial scholarships may be
awarded to fourth, fifth, sixth, seventh, and eighth grade
students
in fiscal year
2002 and in
fiscal year 2003.
Section 44.36. (A) As used in this section,
"pilot project
area"
means the school districts included in the territory of the
former
community school pilot project established by former
Section 50.52 of Am.
Sub. H.B. 215 of the 122nd General Assembly.
(B) Any teacher or nonteaching employee of a school district
in
the pilot project area who, on the effective date of this
section,
is taking a leave of absence from the district pursuant
to a
policy adopted under former Section 50.52.13 of that act to
work
at a community school established under the pilot project and
located in another school district may continue the leave under
the terms of that policy and former section. Upon termination of
the leave, the district shall return the teacher or nonteaching
employee to a position, salary, and level of seniority as required
by that former section.
Section 44.37. As required by Section 50.52.2 of Am. Sub.
H.B.
215 of the 122nd General Assembly, as subsequently amended,
the
Legislative Office of Education Oversight shall complete, by
June
1, 2003, its final report on community schools with
recommendations as to the future of community schools in Ohio.
Copies of the report shall be delivered to the President of the
Senate and the Speaker of the House of Representatives.
Section 45. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS
NETWORK COMMISSION
GRF |
374-100 |
|
Personal Services |
|
$ |
1,585,648 |
|
$ |
1,705,463 |
GRF |
374-200 |
|
Maintenance |
|
$ |
902,477 |
|
$ |
891,968 |
GRF |
374-300 |
|
Equipment |
|
$ |
46,760 |
|
$ |
45,313 |
GRF |
374-401 |
|
Statehouse News Bureau |
|
$ |
253,175 |
|
$ |
245,344 |
GRF |
374-402 |
|
Ohio Government Telecommunications Studio |
|
$ |
806,053 |
|
$ |
910,296 |
GRF |
374-404 |
|
Telecommunications Operating Subsidy |
|
$ |
5,239,754 |
|
$ |
5,051,174 |
TOTAL GRF General Revenue Fund |
|
$ |
8,833,867 |
|
$ |
8,849,558 |
General Services Fund Group
4F3 |
374-603 |
|
Affiliate Services |
|
$ |
2,941,810 |
|
$ |
3,067,586 |
4T2 |
374-605 |
|
Government Television/Telecommunications Operating |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
3,091,810 |
|
$ |
3,217,586 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,925,677 |
|
$ |
12,067,144 |
The foregoing appropriation item 374-401, Statehouse News
Bureau, shall be used solely to support the operations of the
Ohio
Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO
The foregoing appropriation item 374-402, Ohio Government
Telecommunications Studio, shall be used solely to support the
operations of
the Ohio Government Telecommunications Studio.
TELECOMMUNICATIONS OPERATING SUBSIDY
The foregoing appropriation item 374-404, Telecommunications
Operating
Subsidy, shall be distributed by the Ohio Educational
Telecommunications
Network Commission to Ohio's qualified public
educational television stations,
radio reading services, and
educational radio stations to support their
operations. The funds
shall be distributed pursuant to an allocation
developed by the
Ohio Educational Telecommunications Network Commission.
GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING
The Director of Budget and Management shall transfer, by July
15, 2001,
all remaining balances in General Services Fund 4T2,
Government
Television/Telecommunications Operating, in the Capital
Square Review and
Advisory Board to General Services Fund 4T2,
Government
Television/Telecommunications Operating, in the Ohio
Educational
Telecommunications Network Commission. General
Services Fund 4T2,
Government Television/Telecommunications
Operating, is hereby created in the
Ohio Educational
Telecommunications Network Commission.
Section 46. ELC OHIO ELECTIONS COMMISSION
GRF |
051-321 |
|
Operating Expenses |
|
$ |
298,660 |
|
$ |
307,022 |
TOTAL GRF General Revenue Fund |
|
$ |
298,660 |
|
$ |
307,022 |
State Special Revenue Fund Group
4P2 |
051-601 |
|
Ohio Elections |
|
|
|
|
|
|
|
|
|
Commission Fund |
|
$ |
298,660 |
|
$ |
312,923 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
298,660 |
|
$ |
312,923 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
597,320 |
|
$ |
619,945 |
Section 47. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORSGeneral Services Fund Group
4K9 |
881-609 |
|
Operating Expenses |
|
$ |
507,667 |
|
$ |
533,541 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
507,667 |
|
$ |
533,541 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
507,667 |
|
$ |
533,541 |
Section 48. ERB STATE EMPLOYMENT RELATIONS BOARD
GRF |
125-321 |
|
Operating Expenses |
|
$ |
3,622,827 |
|
$ |
3,724,266 |
TOTAL GRF General Revenue Fund |
|
$ |
3,622,827 |
|
$ |
3,724,266 |
General Services Fund Group
572 |
125-603 |
|
Training and Publications |
|
$ |
73,699 |
|
$ |
75,541 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
73,699 |
|
$ |
75,541 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,696,526 |
|
$ |
3,799,807 |
Section 49. ENG STATE BOARD OF ENGINEERS AND SURVEYORS
General Services Fund Group
4K9 |
892-609 |
|
Operating Expenses |
|
$ |
919,315 |
|
$ |
956,188 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
919,315 |
|
$ |
956,188 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
919,315 |
|
$ |
956,188 |
Section 50. EPA ENVIRONMENTAL PROTECTION AGENCY
GRF |
715-501 |
|
Local Air Pollution Control |
|
$ |
1,364,111 |
|
$ |
1,444,068 |
GRF |
717-321 |
|
Surface Water |
|
$ |
10,005,388 |
|
$ |
11,104,082 |
GRF |
718-321 |
|
Groundwater |
|
$ |
1,430,912 |
|
$ |
1,540,938 |
GRF |
719-321 |
|
Air Pollution Control |
|
$ |
2,838,394 |
|
$ |
3,015,444 |
GRF |
721-321 |
|
Drinking Water |
|
$ |
3,043,210 |
|
$ |
3,216,737 |
GRF |
723-321 |
|
Hazardous Waste |
|
$ |
142,080 |
|
$ |
142,080 |
GRF |
724-321 |
|
Pollution Prevention |
|
$ |
927,221 |
|
$ |
986,633 |
GRF |
725-321 |
|
Laboratory |
|
$ |
1,411,197 |
|
$ |
1,551,342 |
GRF |
726-321 |
|
Corrective Actions |
|
$ |
1,890,915 |
|
$ |
1,912,937 |
TOTAL GRF General Revenue Fund |
|
$ |
23,053,428 |
|
$ |
24,914,261 |
General Services Fund Group
199 |
715-602 |
|
Laboratory Services |
|
$ |
1,003,616 |
|
$ |
1,042,081 |
219 |
715-604 |
|
Central Support Indirect |
|
$ |
14,935,955 |
|
$ |
16,462,642 |
4A1 |
715-640 |
|
Operating Expenses |
|
$ |
3,214,075 |
|
$ |
3,304,835 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
19,153,646 |
|
$ |
20,809,558 |
Federal Special Revenue Fund Group
3F2 |
715-630 |
|
Revolving Loan Fund - Operating |
|
$ |
33,700 |
|
$ |
80,000 |
3F3 |
715-632 |
|
Fed Supported Cleanup and Response |
|
$ |
4,551,830 |
|
$ |
4,600,910 |
3F4 |
715-633 |
|
Water Quality Management |
|
$ |
702,849 |
|
$ |
702,849 |
3F5 |
715-641 |
|
Nonpoint Source Pollution Management |
|
$ |
5,820,330 |
|
$ |
5,820,330 |
3J1 |
715-620 |
|
Urban Stormwater |
|
$ |
522,000 |
|
$ |
348,000 |
3J5 |
715-615 |
|
Maumee River |
|
$ |
61,196 |
|
$ |
0 |
3K2 |
715-628 |
|
Clean Water Act 106 |
|
$ |
3,769,255 |
|
$ |
3,769,254 |
3K4 |
715-634 |
|
DOD Monitoring and Oversight |
|
$ |
1,388,552 |
|
$ |
1,487,341 |
3K6 |
715-639 |
|
Remedial Action Plan |
|
$ |
600,000 |
|
$ |
270,000 |
3N4 |
715-657 |
|
DOE Monitoring and Oversight |
|
$ |
4,080,203 |
|
$ |
4,162,907 |
3T1 |
715-668 |
|
Rural Hardship Grant |
|
$ |
50,000 |
|
$ |
50,000 |
3V7 |
715-606 |
|
Agencywide Grants |
|
$ |
360,000 |
|
$ |
80,000 |
352 |
715-611 |
|
Wastewater Pollution |
|
$ |
200,000 |
|
$ |
278,000 |
353 |
715-612 |
|
Public Water Supply |
|
$ |
2,489,460 |
|
$ |
2,489,460 |
354 |
715-614 |
|
Hazardous Waste Management - Federal |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
357 |
715-619 |
|
Air Pollution Control - Federal |
|
$ |
4,919,683 |
|
$ |
4,835,600 |
362 |
715-605 |
|
Underground Injection Control - Federal |
|
$ |
107,856 |
|
$ |
107,856 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
33,556,914 |
|
$ |
32,982,507 |
State Special Revenue Fund Group
3T3 |
715-669 |
|
Drinking Water SRF |
|
$ |
5,577,473 |
|
$ |
5,839,217 |
4J0 |
715-638 |
|
Underground Injection Control |
|
$ |
377,268 |
|
$ |
394,097 |
4K2 |
715-648 |
|
Clean Air - Non Title V |
|
$ |
3,558,719 |
|
$ |
3,725,707 |
4K3 |
715-649 |
|
Solid Waste |
|
$ |
12,883,012 |
|
$ |
13,578,411 |
4K4 |
715-650 |
|
Surface Water Protection |
|
$ |
9,052,930 |
|
$ |
9,053,183 |
4K5 |
715-651 |
|
Drinking Water Protection |
|
$ |
5,420,914 |
|
$ |
5,780,021 |
4P5 |
715-654 |
|
Cozart Landfill |
|
$ |
140,404 |
|
$ |
143,914 |
4R5 |
715-656 |
|
Scrap Tire Management |
|
$ |
5,526,050 |
|
$ |
5,607,911 |
4R9 |
715-658 |
|
Voluntary Action Program |
|
$ |
760,038 |
|
$ |
880,324 |
4T3 |
715-659 |
|
Clean Air - Title V Permit Program |
|
$ |
16,330,021 |
|
$ |
16,919,482 |
4U7 |
715-660 |
|
Construction
& Demolition Debris |
|
$ |
136,347 |
|
$ |
143,435 |
5H4 |
715-664 |
|
Groundwater Support |
|
$ |
1,718,659 |
|
$ |
1,820,773 |
500 |
715-608 |
|
Immediate Removal Special Account |
|
$ |
508,000 |
|
$ |
428,547 |
503 |
715-621 |
|
Hazardous Waste Facility Management |
|
$ |
10,274,613 |
|
$ |
11,045,132 |
503 |
715-662 |
|
Hazardous Waste Facility Board |
|
$ |
688,634 |
|
$ |
725,713 |
505 |
715-623 |
|
Hazardous Waste Cleanup |
|
$ |
12,786,201 |
|
$ |
13,427,443 |
541 |
715-670 |
|
Site Specific Cleanup |
|
$ |
2,206,952 |
|
$ |
2,345,990 |
542 |
715-671 |
|
Risk Management Reporting |
|
$ |
174,924 |
|
$ |
185,605 |
592 |
715-627 |
|
Anti-Tampering Settlement |
|
$ |
10,000 |
|
$ |
10,000 |
6A1 |
715-645 |
|
Environmental Education |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
602 |
715-626 |
|
Motor Vehicle Inspection and Maintenance |
|
$ |
2,653,217 |
|
$ |
2,795,062 |
644 |
715-631 |
|
ER Radiological Safety |
|
$ |
242,446 |
|
$ |
255,947 |
660 |
715-629 |
|
Infectious Waste Management |
|
$ |
138,899 |
|
$ |
145,271 |
676 |
715-642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,874,302 |
|
$ |
5,252,873 |
678 |
715-635 |
|
Air Toxic Release |
|
$ |
394,489 |
|
$ |
413,938 |
679 |
715-636 |
|
Emergency Planning |
|
$ |
2,000,708 |
|
$ |
2,054,868 |
696 |
715-643 |
|
Air Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
699 |
715-644 |
|
Water Pollution Control Administration |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
100,935,220 |
|
$ |
105,472,864 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
176,699,208 |
|
$ |
184,179,190 |
Section 50.01. AREAWIDE PLANNING AGENCIES
Of the foregoing appropriation item 717-321, Surface Water,
$250,000 in
fiscal year 2002 and $250,000 in fiscal year 2003
shall be divided evenly
between the following six areawide
planning agencies for the purpose of
regional water management
planning: Eastgate Regional Council of
Governments, Miami Valley
Regional Planning Commission, Northeast Ohio Four
County Regional
Planning and Development Organization, Northeast Ohio
Areawide
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of
Governments, and Toledo Metropolitan Area Council of Governments.
BETHEL LOCAL SCHOOL DISTRICT
Of the foregoing appropriation item 721-321, Drinking Water,
$65,000 in
fiscal year 2002 and $65,000 in fiscal year 2003 shall
be used for the
Bethel Local School District in Miami County. The
moneys shall be used to
purchase water for the school and four
adjacent households, for expenses
incurred by Bethel Local School
District for well-monitoring activities and
water-system
conversions, and for expenses incurred by the Ohio
Environmental
Protection Agency as the Agency continues to monitor
activities
associated with the Bethel Local School District water supply.
Notwithstanding any other provision of law to the contrary,
the Director of Environmental Protection, with the approval of the
Director of Budget
and Management, shall utilize a methodology for
determining each division's
payments into the Central Support
Indirect
Fund (Fund 219). The methodology used
shall contain the
characteristics of administrative ease and uniform
application.
Payments to the Central Support Indirect Fund (Fund 219) shall be
made
using an intrastate transfer voucher.
Not later than November 30, 2001, the Director of
Environmental Protection shall certify to the Director of Budget
and Management the cash balances in Fund 356, Indirect Costs, and
Fund 4C3, Central Support Indirect, and may request the Director
of Budget and Management to transfer up to the certified amounts
into Fund 219, Central Support Indirect. The amount transferred
is hereby appropriated.
SOLID WASTE FUND TRANSFER
Not later than March 1, 2002, the Director of
Environmental
Protection shall certify to the Director of Budget
and Management
the amount expended from Fund 4K3, Solid Waste,
during fiscal
years 2000 and 2001 for emergency expenses incurred
as a result of
the fire at the Kirby Tire site. In fiscal years
2002 and 2003,
the Director of Environmental Protection shall
request the
Director of Budget and Management to transfer up to
one-half of
the certified amount during fiscal year 2002 and the
balance of
the certified amount during fiscal year 2003 from Fund
4R5, Scrap
Tire Management, to Fund 4K3, Solid Waste. The amounts
transferred are hereby appropriated.
Moneys transferred from Fund 4R5, Scrap Tire Management, to
Fund 4K3, Solid Waste, shall not consist of any moneys generated
under division (A)(2) of section 3734.901 of the Revised Code as
amended by this act.
Of the moneys collected under division (A)(2) of section
3734.901 of the Revised Code as amended by this act and deposited
into the Scrap Tire Management Fund, at least fifty per cent
shall
be expended for cleanup and removal activities at the Kirby
Tire
site in Wyandot County during fiscal years 2002 and 2003.
Section 51. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172-321 |
|
Operating Expenses |
|
$ |
465,008 |
|
$ |
481,221 |
TOTAL GRF General Revenue Fund |
|
$ |
465,008 |
|
$ |
481,221 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
465,008 |
|
$ |
481,221 |
Section 52. ETH OHIO ETHICS COMMISSION
GRF |
146-321 |
|
Operating Expenses |
|
$ |
1,325,713 |
|
$ |
1,415,005 |
TOTAL GRF General Revenue Fund |
|
$ |
1,325,713 |
|
$ |
1,415,005 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
386,485 |
|
$ |
409,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
386,485 |
|
$ |
409,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,712,198 |
|
$ |
1,824,548 |
If the fee revenue that is raised and deposited into Fund 4M6
146-601, Operating Expenses, exceeds the amount appropriated each
fiscal year, the extra fee revenue shall be hereby appropriated
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce
the GRF appropriation item 146-321, Operating Expenses, in an
amount equal to the amount of the extra fee revenue generated each
fiscal year.
Section 53. EXP OHIO EXPOSITIONS COMMISSION
GRF |
723-403 |
|
Junior Fair Subsidy |
|
$ |
525,000 |
|
$ |
525,000 |
TOTAL GRF General Revenue Fund |
|
$ |
525,000 |
|
$ |
525,000 |
State Special Revenue Fund Group
506 |
723-601 |
|
Operating Expenses |
|
$ |
14,411,437 |
|
$ |
14,875,658 |
4N2 |
723-602 |
|
Ohio State Fair Harness Racing |
|
$ |
511,000 |
|
$ |
520,000 |
640 |
723-603 |
|
State Fair Reserve |
|
$ |
700,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
15,622,437 |
|
$ |
15,395,658 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,147,437 |
|
$ |
15,920,658 |
The foregoing appropriation item 723-603, State Fair Reserve,
shall
serve as a budget reserve fund for the Ohio Expositions
Commission
in the event of a significant decline in attendance due
to
inclement weather or extraordinary circumstances during the
Ohio
State Fair and resulting in a loss of revenue. The State
Fair
Reserve may be used by the Ohio Expositions Commission to pay
bills resulting from the Ohio State Fair only if all the
following
criteria are met:
(A) Admission revenues for the 2001 Ohio State Fair are less
than
$2,920,000 or admission revenues for the 2002 Ohio State Fair
are
less than $3,010,000 due to inclement weather or extraordinary
circumstances. These amounts are ninety per cent of the projected
admission
revenues for each year.
(B) The Ohio Expositions Commission declares a state of
fiscal
exigency and requests release of funds by the Director of
Budget
and Management.
(C) The Director of Budget and Management releases the
funds. The
Director of Budget and Management may approve or
disapprove the
request for release of funds, may increase or
decrease the amount
of release, and may place such conditions as
the director deems necessary
on the use of the released funds.
The
Director of Budget and
Management may transfer appropriation
authority from fiscal year
2002 to fiscal year 2003 as needed.
In the event that the Ohio Expositions Commission faces a
temporary cash shortage that will preclude them from meeting
current obligations, the Commission may request the Director of
Budget and Management to approve use of the State Fair Reserve to
meet those obligations. The request shall include a plan
describing how the Commission will eliminate the cash shortage.
If
the Director of Budget and Management approves the
expenditures,
the Commission shall reimburse Fund 640 by the
thirtieth day of
June of that same fiscal year through an
intrastate transfer
voucher. The amount reimbursed is
appropriated.
Section 54. GOV OFFICE OF THE GOVERNOR
GRF |
040-321 |
|
Operating Expenses |
|
$ |
4,608,731 |
|
$ |
4,748,556 |
GRF |
040-403 |
|
National Governors Conference |
|
$ |
174,001 |
|
$ |
179,224 |
GRF |
040-408 |
|
Office of Veterans' Affairs |
|
$ |
271,599 |
|
$ |
279,748 |
TOTAL GRF General Revenue Fund |
|
$ |
5,054,331 |
|
$ |
5,207,528 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,054,331 |
|
$ |
5,207,528 |
APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR
The Governor may expend a portion of the foregoing
appropriation item 040-321,
Operating Expenses, to hire or appoint
legal counsel to be used in proceedings
involving the Governor in
the Governor's official capacity or the Governor's
office only,
without the approval of the Attorney General, notwithstanding
sections 109.02 and 109.07 of the Revised Code.
Section 55. DOH DEPARTMENT OF HEALTH
GRF |
440-406 |
|
Hemophilia Services |
|
$ |
1,230,492 |
|
$ |
1,230,492 |
GRF |
440-407 |
|
Animal Borne Disease and Prevention |
|
$ |
2,643,874 |
|
$ |
2,598,297 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
898,978 |
|
$ |
1,104,175 |
GRF |
440-413 |
|
Ohio Health Care Policy and Data |
|
$ |
3,056,959 |
|
$ |
3,157,200 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
11,187,087 |
|
$ |
10,839,187 |
GRF |
440-418 |
|
Immunizations |
|
$ |
9,403,469 |
|
$ |
9,616,514 |
GRF |
440-419 |
|
Sexual Assault Prevention and Intervention |
|
$ |
50,000 |
|
$ |
50,000 |
GRF |
440-444 |
|
AIDS Prevention and Treatment |
|
$ |
9,142,101 |
|
$ |
9,476,508 |
GRF |
440-446 |
|
Infectious Disease Prevention |
|
$ |
642,821 |
|
$ |
649,291 |
GRF |
440-451 |
|
Public Health Prevention Programs |
|
$ |
7,708,440 |
|
$ |
7,212,245 |
GRF |
440-452 |
|
Child and Family Health Care Operations |
|
$ |
1,316,947 |
|
$ |
1,320,455 |
GRF |
440-453 |
|
Health Care Facility Protection and Safety |
|
$ |
12,466,643 |
|
$ |
12,662,779 |
GRF |
440-454 |
|
Local Environmental Health |
|
$ |
1,243,340 |
|
$ |
1,244,824 |
GRF |
440-459 |
|
Help Me Grow |
|
$ |
12,500,000 |
|
$ |
12,500,000 |
GRF |
440-461 |
|
Vital Statistics |
|
$ |
3,891,580 |
|
$ |
3,863,425 |
GRF |
440-501 |
|
Local Health Districts |
|
$ |
3,991,111 |
|
$ |
3,991,111 |
GRF |
440-504 |
|
Poison Control Network |
|
$ |
388,000 |
|
$ |
388,000 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
7,634,095 |
|
$ |
7,540,879 |
GRF |
440-507 |
|
Cystic Fibrosis |
|
$ |
768,131 |
|
$ |
768,131 |
GRF |
440-508 |
|
Migrant Health |
|
$ |
120,767 |
|
$ |
118,049 |
GRF |
440-510 |
|
Arthritis Care |
|
$ |
75,000 |
|
$ |
75,000 |
TOTAL GRF General Revenue Fund |
|
$ |
90,359,826 |
|
$ |
90,406,562 |
General Services Fund Group
142 |
440-618 |
|
General Operations |
|
$ |
2,764,557 |
|
$ |
2,892,340 |
211 |
440-613 |
|
Central Support Indirect Costs |
|
$ |
25,527,855 |
|
$ |
26,149,512 |
473 |
440-622 |
|
Lab Operating Expenses |
|
$ |
4,006,440 |
|
$ |
4,154,045 |
5C1 |
440-642 |
|
TANF Family Planning |
|
$ |
255,500 |
|
$ |
261,888 |
683 |
440-633 |
|
Employee Assistance Program |
|
$ |
1,017,408 |
|
$ |
1,062,965 |
698 |
440-634 |
|
Nurse Aide Training |
|
$ |
240,000 |
|
$ |
265,808 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
33,811,760 |
|
$ |
34,786,558 |
Federal Special Revenue Fund Group
320 |
440-601 |
|
Maternal Child Health Block Grant |
|
$ |
32,702,100 |
|
$ |
34,335,562 |
387 |
440-602 |
|
Preventive Health Block Grant |
|
$ |
9,278,173 |
|
$ |
9,278,173 |
389 |
440-604 |
|
Women, Infants, and Children |
|
$ |
185,850,000 |
|
$ |
195,142,500 |
391 |
440-606 |
|
Medicaid/Medicare |
|
$ |
24,297,017 |
|
$ |
25,778,700 |
392 |
440-618 |
|
General Operations |
|
$ |
74,384,890 |
|
$ |
77,720,166 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
326,512,180 |
|
$ |
342,255,101 |
State Special Revenue Fund Group
3W5 |
440-611 |
|
Title XX Transfer |
|
$ |
500,000 |
|
$ |
500,000 |
4D6 |
440-608 |
|
Genetics Services |
|
$ |
2,725,894 |
|
$ |
2,799,641 |
4F9 |
440-610 |
|
Sickle Cell Disease Control |
|
$ |
1,010,091 |
|
$ |
1,035,344 |
4G0 |
440-636 |
|
Heirloom Birth Certificate |
|
$ |
1,000 |
|
$ |
1,000 |
4G0 |
440-637 |
|
Birth Certificate Surcharge |
|
$ |
5,000 |
|
$ |
5,000 |
4L3 |
440-609 |
|
Miscellaneous Expenses |
|
$ |
257,548 |
|
$ |
258,570 |
4T4 |
440-603 |
|
Child Highway Safety |
|
$ |
224,855 |
|
$ |
233,894 |
4V6 |
440-641 |
|
Save Our Sight |
|
$ |
1,232,421 |
|
$ |
1,266,900 |
470 |
440-618 |
|
General Operations |
|
$ |
12,364,273 |
|
$ |
12,941,359 |
471 |
440-619 |
|
Certificate of Need |
|
$ |
352,598 |
|
$ |
370,524 |
477 |
440-627 |
|
Medically Handicapped Children Audit |
|
$ |
4,400,452 |
|
$ |
4,640,498 |
5B5 |
440-616 |
|
Quality, Monitoring, and Inspection |
|
$ |
802,502 |
|
$ |
838,479 |
5C0 |
440-615 |
|
Alcohol Testing and Permit |
|
$ |
1,395,439 |
|
$ |
1,455,405 |
5D6 |
440-620 |
|
Second Chance Trust |
|
$ |
831,924 |
|
$ |
852,723 |
5L1 |
440-623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
1,080,000 |
|
$ |
1,157,150 |
610 |
440-626 |
|
Radiation Emergency Response |
|
$ |
870,505 |
|
$ |
923,315 |
666 |
440-607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
14,039,889 |
|
$ |
14,039,889 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
42,094,391 |
|
$ |
43,319,691 |
Holding Account Redistribution Fund Group
R14 |
440-631 |
|
Vital Statistics |
|
$ |
49,000 |
|
$ |
49,000 |
R48 |
440-625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
69,000 |
|
$ |
69,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
492,847,157 |
|
$ |
510,836,912 |
Section 55.01. HEMOPHILIA SERVICES
Of the foregoing appropriation item 440-406, Hemophilia
Services,
$205,000 in each fiscal year shall be used to implement
the
Hemophilia Insurance Pilot Project.
Of the foregoing appropriation item 440-406, Hemophilia
Services,
up to $245,000 in each fiscal year
shall
be used by the
Department of Health to provide grants
to the
nine hemophilia
treatment centers to provide prevention
services for
persons with
hemophilia and their family members
affected by AIDS
and other
bloodborne pathogens.
Of the foregoing appropriation item 440-412, Cancer Incidence
Surveillance
System, $50,000 in each fiscal year shall be provided
to the Northern Ohio
Cancer Resource Center.
The remaining moneys in appropriation item 440-412, Cancer
Incidence
Surveillance System, shall be used to maintain and
operate the Ohio Cancer
Incidence Surveillance System pursuant to
sections 3701.261 to 3701.263 of the
Revised Code.
No later than March 1, 2002, the Ohio Cancer Incidence
Surveillance Advisory Board shall report to the General Assembly
on the effectiveness of the cancer incidence surveillance
system
and the partnership between the Department of Health and
the
Arthur G. James Cancer Hospital and Richard J. Solove Research
Institute of The Ohio State University.
CHILD AND FAMILY HEALTH SERVICES
Of the foregoing appropriation item 440-416, Child and
Family
Health Services, $1,700,000 in each fiscal year shall be
used for
family planning services. None of the funds received through
these family
planning grants shall be used
to provide abortion
services. None of the funds received through these family
planning grants shall be used for counseling for or referrals for
abortion, except
in the case of a medical emergency. These funds
shall be
distributed on
the basis of the relative need in the
community
served by the
Director of Health to family planning
programs,
which shall include family
planning programs funded
under Title V
of
the
"Social Security Act," 49 Stat. 620 (1935),
42
U.S.C.A.
301, as amended, and Title X of the
"Public Health
Services Act,"
58 Stat. 682 (1946), 42 U.S.C.A. 201, as
amended,
as well as to
other family planning programs that the Department
of
Health also
determines will provide services that are
physically and financially separate from abortion-providing and
abortion-promoting activities, and that do not include counseling
for or
referrals for
abortion, other than in the case of medical
emergency, with state
moneys, but that otherwise substantially
comply with the
quality
standards for such programs under Title V
and Title X.
The Director of Health, by rule, shall provide reasonable
methods by
which a grantee wishing to be eligible for federal
funding may comply with
these requirements for state funding
without losing its eligibility for
federal funding, while ensuring
that a family
planning program receiving a family planning grant
must be organized so that
it is physically and financially
separate from the provision of abortion
services and from
activities promoting abortion as a method of family
planning.
Of the foregoing appropriation item 440-416, Child and
Family
Health Services, $150,000 in each fiscal year shall be
used to
provide malpractice insurance for physicians and other health
professionals providing prenatal services in programs funded by
the Department of Health.
Of the foregoing appropriation item 440-416, Child and Family
Health
Services,
$279,000 shall be used in each fiscal year for
the OPTIONS dental
care access program.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $600,000 in each fiscal year shall be used by
local child and family health services clinics to provide services
to uninsured low-income persons.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $900,000 in each fiscal year shall be used by
federally qualified health centers and federally designated
look-alikes to provide services to uninsured low-income persons.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $50,000 in each fiscal year shall be used for the
Tree of Knowledge Learning Center in Cleveland Heights.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $25,000 in fiscal year 2002 shall be provided to
the Suicide Prevention Program of Clermont County.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $50,000 in fiscal year 2002 shall be provided to
the Discover Health Project.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $75,000 in fiscal year 2002 shall be provided to
the Mayerson Center.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $50,000 in fiscal year 2002 shall be provided to
the Central Clinic at the University of Cincinnati.
Of the foregoing appropriation item 440-418, Immunizations,
$125,000 per
fiscal year shall be used to provide vaccinations for
Hepatitis B to all qualified underinsured
students in the seventh
grade who have not been
previously immunized.
SEXUAL ASSAULT PREVENTION AND INTERVENTION
The foregoing appropriation item 440-419, Sexual Assault
Prevention and Intervention, shall be used for the following
purposes:
(A) Funding of new services in counties with no services for
sexual assault;
(B) Expansion of services provided in currently funded
projects so that comprehensive crisis intervention and prevention
services are offered;
(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)
projects;
(D) Statewide expansion of local outreach and public
awareness efforts.
HIV/AIDS PREVENTION/TREATMENT
Of the foregoing appropriation item 440-444, AIDS
Prevention
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million
in
fiscal year
2003 shall be used to assist persons with HIV/AIDS
in acquiring
HIV-related medications.
The HIV Drug Assistance Program is pursuant to section
3701.241 of
the Revised
Code and Title XXVI of the
"Public Health
Services
Act," 104
Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.
The
Department of
Health may adopt rules pursuant to
Chapter 119.
of the Revised Code as necessary for the
administration of the
program.
INFECTIOUS DISEASE PREVENTION
Notwithstanding section 339.77 of the Revised Code, $60,000
of the foregoing appropriation
item 440-446, Infectious Disease
Prevention, shall
be used by the Director of
Health to reimburse
Boards of County
Commissioners for the cost of detaining indigent
persons with
tuberculosis. Any portion of the $60,000 allocated
for detainment
not used
for that purpose shall be used to make
payments to
counties pursuant to
section 339.77 of the Revised
Code.
Of the foregoing appropriation item 440-446, Infectious
Disease Prevention, $200,000 in each fiscal year shall be used for
the purchase of drugs for sexually transmitted diseases.
The foregoing appropriation item 440-459, Help Me Grow,
shall
be used by the Department of Health to distribute subsidies
to
counties to implement the Ohio Early Start, Early Intervention,
and Welcome Home Programs.
Counties that receive subsidies from
appropriation item 440-459, Help Me
Grow, shall use the funds to
provide home-visiting services to newborn
infants and their
families, and services to infants and toddlers under three
years
of age who are at risk for, or with a, developmental delay or
disability, and their families.
Appropriation item 440-459 may be
used in
conjunction with
Temporary Assistance for Needy Families
from the
Department of Job
and Family Services, Even Start from
the
Department of Education,
and in conjunction with other early
childhood funds and services
to promote the optimal development of
young children. Local
contacts shall be developed between local
departments of job and
family services and family and children
first councils for the
administration of TANF funding for the Help
Me Grow Program. The
Department of Health shall enter into an
interagency agreement
with the Department of Education to
coordinate the planning,
design, and grant selection process for
any new Even Start grants
and to ensure that all new and existing
programs within Help Me
grow are school linked.
The foregoing appropriation item 440-504, Poison Control
Network, shall be used in each fiscal year by the Department of
Health for grants to the consolidated Ohio
Poison Control Center
to provide poison control services to Ohio
citizens.
The Director of Budget and Management shall transfer by
intrastate transfer voucher,
no
later than the fifteenth day of
July of each fiscal year,
cash from
the General Revenue Fund,
appropriation item 600-410,
TANF State,
to General Services
Fund
5C1 in the Department of
Health, in
an amount of $250,000 in
each
fiscal year for the
purpose of family planning
services for
children or their
families
whose income is at or below 200 per
cent of the official
poverty
guideline.
As used in this section,
"poverty guideline" means the
official
poverty guideline as revised annually by the United
States Secretary of Health
and Human Services in accordance with
section 673 of the
"Community
Services Block Grant Act," 95 Stat.
511 (1981), 42 U.S.C.A.
9902, as amended, for a family size equal
to the size of the family of the
person whose income is being
determined.
MATERNAL CHILD HEALTH BLOCK GRANT
Of the foregoing appropriation item 440-601, Maternal Child
Health Block Grant
(Fund 320), $2,091,299 shall be used in each
fiscal year for the purposes of
abstinence-only education. The
Director of Health shall develop guidelines
for the establishment
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines
shall be
pursuant to Title V of the
"Social Security Act," 42
U.S.C.A. 510, and shall include, but are not limited to,
advertising
campaigns and direct training in schools and other
locations.
A portion of the foregoing appropriation item 440-601,
Maternal
Child Health Block Grant (Fund 320), may be used to
ensure that
current information on sudden infant death syndrome is
available for
distribution by local health districts.
Of the foregoing appropriation item 440-611, Title XX
Transfer (Fund 3W5),
$500,000 in each fiscal year shall be used
for the purposes of
abstinence-only education. The Director of
Health shall develop guidelines
for the establishment of
abstinence programs for teenagers with the purpose
of decreasing
unplanned pregnancies and abortion. The guidelines shall be
developed pursuant to Title V of the "Social Security Act," 42
U.S.C. 510,
and shall include, but are not to be limited to,
advertising campaigns and
direct training in schools and other
locations.
The foregoing appropriation item 440-608, Genetics Services
(Fund
4D6), shall be used by the Department of Health to
administer
programs authorized by sections 3701.501 and 3701.502
of the Revised
Code.
The foregoing appropriation item 440-610, Sickle Cell Disease
Control (Fund 4F9), shall be used by the Department of Health
to
administer programs authorized by section 3701.131 of the Revised
Code. The source of the funds is as specified in section 3701.23
of the Revised Code.
SAFETY AND QUALITY OF CARE STANDARDS
The Department of Health may use Fund 471, Certificate of
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of
the Revised Code in each fiscal year.
MEDICALLY HANDICAPPED CHILDREN AUDIT
The Medically Handicapped Children Audit Fund (Fund 477)
shall receive revenue from audits of hospitals and recoveries
from
third-party payors. Moneys may be expended for payment of
audit
settlements and for costs directly related to obtaining
recoveries
from third-party payors and for encouraging Medically
Handicapped
Children's Program recipients to apply for
third-party benefits.
Moneys also may be expended for payments
for diagnostic and
treatment services on behalf of medically
handicapped children, as
defined in division (A) of section
3701.022 of the Revised Code,
and Ohio residents who are twenty-one
or more years of age and who
are suffering from cystic fibrosis. Moneys may also be expended
for administrative expenses incurred in operating the Medically
Handicapped Children's Program.
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Health, or as otherwise
determined
by the Director of Budget and Management, shall set a schedule to
transfer cash
from the Liquor Control Fund (Fund 043) to the
Alcohol Testing and
Permit Fund (Fund 5C0) to meet the operating
needs of the Alcohol
Testing and Permit program.
The Director of Budget and Management shall transfer to the
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control
Fund (Fund 043) established in section 4301.12 of the Revised Code
such amounts at such times as determined by the transfer schedule.
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS
The foregoing appropriation item 440-607, Medically
Handicapped Children - County Assessments (Fund 666), shall be
used to make
payments pursuant to division (E) of section 3701.023
of the
Revised Code.
Section 55.02. (A) There is hereby created the Health Care
Workforce Shortage Task Force to study the shortage of health care
professionals and health care workers in the health care workforce
and to propose a state plan to address the problem. For the
purposes of the Task Force, "health care professional" and "health
care worker" have the same meanings as in section 2305.234 of the
Revised Code.
(B) The Director of Health shall serve as chair of the
Health Care Workforce Shortage Task Force. The Task Force shall
consist of not more than seventeen members, who shall serve
without compensation. One member of the Senate, appointed by the
President of the Senate, and one member of the House of
Representatives, appointed by the Speaker of the House of
Representatives, shall serve on the Task Force. The member from
the House of Representatives and the member from the Senate shall
be from different political parties. The Director of Health shall
appoint health care professionals and health care workers
representing each of the following organizations:
(1) Ohio Hospital Association;
(2) Ohio Association of Children's Hospitals;
(3) Ohio Council for Home Care;
(4) Ohio Health Care Association;
(5) Ohio Hospice and Palliative Care Organization;
(6) Ohio Association of Philanthropic Homes;
(7) Ohio Commission on Minority Health;
(8) Ohio Nurses Association;
(9) Ohio Pharmacists Association;
(10) Ohio State Medical Association;
(11) Families for Improved Care;
(12) Ohio Association of Health Care Quality.
(C) The Department of Health shall provide the Task Force
with office space, staff, supplies, services, and other support as
needed.
(D) The Task Force shall do all of the following:
(1) Review the licensing standards for all health care
professionals;
(2) Identify strategies to increase recruitment, retention,
and development of qualified health care professionals and health
care workers in health care settings;
(3) Develop recommendations for improving scopes of practice
to remove unnecessary barriers to high quality provision of health
care;
(4) Develop possible demonstration projects to present
technology's potential to increase the efficiency of health care
personnel;
(5) Recommend education strategies to meet health care
workforce needs.
(E) The Task Force shall submit a report of its findings and
recommendations to the Speaker and Minority Leader of the House of
Representatives and to the President and Minority Leader of the
Senate not later than July 1, 2002. On submission of the report,
the Task Force shall cease to exist.
Section 56. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
461 |
372-601 |
|
Operating Expenses |
|
$ |
13,080 |
|
$ |
13,900 |
TOTAL AGY Agency Fund Group |
|
$ |
13,080 |
|
$ |
13,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,080 |
|
$ |
13,900 |
Section 57. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
GRF |
148-100 |
|
Personal Services |
|
$ |
171,161 |
|
$ |
176,004 |
GRF |
148-200 |
|
Maintenance |
|
$ |
35,821 |
|
$ |
35,751 |
GRF |
148-300 |
|
Equipment |
|
$ |
3,648 |
|
$ |
3,552 |
TOTAL GRF General Revenue Fund |
|
$ |
210,630 |
|
$ |
215,307 |
General Services Fund Group
601 |
148-602 |
|
Gifts and Miscellaneous |
|
$ |
8,485 |
|
$ |
8,697 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,485 |
|
$ |
8,697 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
219,115 |
|
$ |
224,004 |
COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW
No later than December 31, 2001, the Commission on
Hispanic/Latino Affairs shall submit to the chairperson and
ranking minority member of the Human Services Subcommittee of the
Finance and Appropriations Committee of the House of
Representatives a report that demonstrates the progress that has
been made toward meeting the Commission's mission statement.
Section 58. OHS OHIO HISTORICAL SOCIETY
GRF |
360-501 |
|
Operating Subsidy |
|
$ |
3,784,283 |
|
$ |
3,816,047 |
GRF |
360-502 |
|
Site Operations |
|
$ |
7,471,775 |
|
$ |
7,458,843 |
GRF |
360-503 |
|
Ohio Bicentennial Commission |
|
$ |
1,750,000 |
|
$ |
1,750,000 |
GRF |
360-504 |
|
Ohio Preservation Office |
|
$ |
400,575 |
|
$ |
383,704 |
GRF |
360-505 |
|
Afro-American Museum |
|
$ |
1,049,836 |
|
$ |
1,030,641 |
GRF |
360-506 |
|
Hayes Presidential Center |
|
$ |
708,203 |
|
$ |
695,253 |
GRF |
360-508 |
|
Historical Grants |
|
$ |
1,005,000 |
|
$ |
775,000 |
TOTAL GRF General Revenue Fund |
|
$ |
16,169,672 |
|
$ |
15,909,488 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,169,672 |
|
$ |
15,909,488 |
Upon approval by the Director of Budget and Management, the
foregoing appropriation items shall be released to the Ohio
Historical Society in quarterly amounts that in total do not
exceed the annual appropriations. The funds and fiscal records
of
the society for fiscal years 2002 and 2003 shall be examined
by
independent certified public accountants approved by the
Auditor
of State, and a copy of the audited financial statements
shall be
filed with the Office of Budget and Management. The
society shall
prepare and submit to the
Office of Budget and Management the
following:
(A) An estimated operating budget for each fiscal year of
the biennium. The operating budget shall be submitted at or near
the beginning of each year.
(B) Financial reports, indicating actual receipts and
expenditures for the fiscal year to date. These reports shall be
filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the
contractual consideration provided by the state to support the
state's offer
to contract with the Ohio Historical Society under
section 149.30 of
the Revised Code.
The Director of Budget and Management shall not release the
second quarterly
payment for FY 2002 of the foregoing
appropriation item GRF 360-501,
Operating Subsidy, to the Ohio
Historical Society until the release of these
moneys is approved
by the Controlling Board. The Controlling Board shall
not approve
such release until the Ohio Historical Society submits a plan to
the Controlling Board containing a detailed budget with current
and
projected costs of operating each state memorial by category,
the sources
and amounts of non-state income used at each site, and
the Ohio Historical
Society's management plan for each site during
the biennium. The Controlling
Board shall consult with the Ohio
Historic Preservation Advisory Board and
determine the Ohio
Historical Society's submitted plan to adequately meet
the state's
goal of historic preservation prior to the approval of the
release
of moneys from GRF 360-501, Operating Subsidy, to the Ohio
Historical Society.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not
limited to, the
National Park Service, chooses to take over the
operations or maintenance
of the Hayes Presidential Center, in
whole or in part, the Ohio Historical
Society shall
make
arrangements with the National Park Service or other United States
government agency for the
efficient transfer of operations or
maintenance.
Of the foregoing appropriation item 360-508, Historical
Grants, $50,000 in each fiscal year shall be distributed to the
Hebrew Union College in Cincinnati for the Holocaust Education
Project, $20,000 in fiscal year 2002 shall be distributed to the
Clinton County Historical Society, $60,000 in fiscal year 2002
shall be distributed to the Holbrook College Project, $100,000 in
each fiscal year shall be distributed to the Western Reserve
Historical Society Hale Farm Project, $125,000 in each fiscal year
shall be distributed to the Great lakes Historical Society,
$500,000 in each fiscal year shall be distributed to the Western
Reserve Historical Society, $75,000 in fiscal year 2002 shall be
distributed to the Cincinnati Museum Center, $50,000 in fiscal
year 2002 shall be distributed to the Underground Railroad Freedom
Center, and $25,000 in fiscal year 2002 shall be distributed to
the Emery Theatre.
Section 59. REP OHIO HOUSE OF REPRESENTATIVES
GRF |
025-321 |
|
Operating Expenses |
|
$ |
18,654,083 |
|
$ |
19,562,481 |
TOTAL GRF General Revenue Fund |
|
$ |
18,654,083 |
|
$ |
19,562,481 |
General Services Fund Group
103 |
025-601 |
|
House Reimbursement |
|
$ |
1,287,500 |
|
$ |
1,287,500 |
4A4 |
025-602 |
|
Miscellaneous Sales |
|
$ |
33,990 |
|
$ |
33,990 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,321,490 |
|
$ |
1,321,490 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
19,975,573 |
|
$ |
20,883,971 |
Section 60. IGO OFFICE OF THE INSPECTOR GENERAL
GRF |
965-321 |
|
Operating Expenses |
|
$ |
630,334 |
|
$ |
663,877 |
TOTAL GRF General Revenue Fund |
|
$ |
630,334 |
|
$ |
663,877 |
State Special Revenue Fund Group
4Z3 |
965-602 |
|
Special Investigations |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
730,334 |
|
$ |
763,877 |
Of the foregoing appropriation item 965-602, Special
Investigations, up to
$100,000 in each fiscal year may be used for
investigative costs, pursuant to
section 121.481 of the Revised
Code.
Section 61. INS DEPARTMENT OF INSURANCE
Federal Special Revenue Fund Group
3U5 |
820-602 |
|
OSHIIP Operating Grant |
|
$ |
400,000 |
|
$ |
400,000 |
TOTAL FED Federal Special
|
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
400,000 |
|
$ |
400,000 |
State Special Revenue Fund Group
554 |
820-601 |
|
Operating Expenses - OSHIIP |
|
$ |
543,101 |
|
$ |
601,773 |
554 |
820-606 |
|
Operating Expenses |
|
$ |
20,090,984 |
|
$ |
22,350,783 |
555 |
820-605 |
|
Examination |
|
$ |
6,581,705 |
|
$ |
6,963,535 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,215,790 |
|
$ |
29,916,091 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
27,615,790 |
|
$ |
30,316,091 |
MARKET CONDUCT EXAMINATION
When conducting a market conduct examination of any insurer
doing business in this state, the Superintendent of Insurance may
assess the costs of the examination against the insurer. The
superintendent may enter into consent agreements to impose
administrative assessments or fines for conduct discovered that
may be violations of statutes or regulations administered by the
superintendent. All costs, assessments, or fines collected shall
be deposited to the credit of the Department of Insurance
Operating Fund (Fund 554).
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES
The Superintendent of Insurance may transfer funds from the
Department of Insurance Operating Fund (Fund 554), established by
section 3901.021 of the Revised Code, to the Superintendent's
Examination Fund (Fund 555), established by section 3901.071 of
the
Revised Code, only for the expenses incurred in
examining
domestic
fraternal benefit societies as required by
section
3921.28 of the
Revised Code.
Section 62. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600-100 |
|
Personal Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
56,614,143 |
|
$ |
58,715,838 |
|
|
|
Federal |
|
$ |
18,645,558 |
|
$ |
19,317,882 |
|
|
|
Personal Services Total |
|
$ |
75,259,701 |
|
$ |
78,033,720 |
GRF |
600-200 |
|
Maintenance |
|
|
|
|
|
|
|
|
|
State |
|
$ |
30,439,164 |
|
$ |
24,320,541 |
|
|
|
Federal |
|
$ |
7,295,237 |
|
$ |
5,828,810 |
|
|
|
Maintenance Total |
|
$ |
37,734,401 |
|
$ |
30,149,351 |
GRF |
600-300 |
|
Equipment |
|
|
|
|
|
|
|
|
|
State |
|
$ |
5,469,830 |
|
$ |
979,504 |
|
|
|
Federal |
|
$ |
179,026 |
|
$ |
32,059 |
|
|
|
Equipment Total |
|
$ |
5,648,856 |
|
$ |
1,011,563 |
GRF |
600-402 |
|
Electronic Benefits Transfer (EBT) |
|
|
|
|
|
|
|
|
|
State |
|
$ |
7,551,305 |
|
$ |
7,715,079 |
|
|
|
Federal |
|
$ |
7,551,305 |
|
$ |
7,715,079 |
|
|
|
EBT Total |
|
$ |
15,102,610 |
|
$ |
15,430,158 |
GRF |
600-410 |
|
TANF State |
|
$ |
268,636,561 |
|
$ |
268,619,061 |
GRF |
600-413 |
|
Day Care Match/Maintenance of Effort |
|
$ |
84,120,606 |
|
$ |
84,120,606 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
137,583,171 |
|
$ |
142,908,736 |
|
|
|
Federal |
|
$ |
32,665,206 |
|
$ |
34,770,353 |
|
|
|
Computer Projects Total |
|
$ |
170,248,377 |
|
$ |
177,679,089 |
GRF |
600-420 |
|
Child Support Administration |
|
$ |
7,919,511 |
|
$ |
7,885,309 |
GRF |
600-426 |
|
Children's Health Insurance Plan (CHIP) |
|
|
|
|
|
|
|
|
|
State |
|
$ |
7,071,338 |
|
$ |
8,570,373 |
|
|
|
Federal |
|
$ |
17,473,395 |
|
$ |
21,177,537 |
|
|
|
CHIP Total |
|
$ |
24,544,733 |
|
$ |
29,747,910 |
GRF |
600-427 |
|
Child and Family Services Activities |
|
$ |
7,189,086 |
|
$ |
7,000,427 |
GRF |
600-435 |
|
Unemployment Compensation Review Commission |
|
$ |
3,759,151 |
|
$ |
3,785,380 |
GRF |
600-436 |
|
Medicaid Systems Enhancements |
|
$ |
4,445,384 |
|
$ |
1,853,611 |
GRF |
600-502 |
|
Child Support Match |
|
$ |
17,383,992 |
|
$ |
16,814,103 |
GRF |
600-504 |
|
Non-TANF County Administration |
|
$ |
70,554,373 |
|
$ |
68,697,679 |
GRF |
600-511 |
|
Disability Assistance/Other Assistance |
|
$ |
79,562,017 |
|
$ |
89,752,408 |
GRF |
600-512 |
|
Non-TANF Emergency Assistance |
|
$ |
1,079,000 |
|
$ |
1,079,000 |
GRF |
600-525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
2,847,181,745 |
|
$ |
3,059,934,875 |
|
|
|
Federal |
|
$ |
4,087,925,198 |
|
$ |
4,384,423,698 |
|
|
|
Health Care Total |
|
$ |
6,935,106,943 |
|
$ |
7,444,358,573 |
GRF |
600-527 |
|
Child Protective Services |
|
$ |
59,592,059 |
|
$ |
64,047,479 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
31,385,023 |
|
$ |
34,597,562 |
|
|
|
Federal |
|
$ |
30,506,168 |
|
$ |
33,628,748 |
|
|
|
Adoption Services Total |
|
$ |
61,891,191 |
|
$ |
68,226,310 |
GRF |
600-534 |
|
Adult Protective Services |
|
$ |
2,850,975 |
|
$ |
2,775,950 |
GRF |
600-552 |
|
County Social Services |
|
$ |
11,354,550 |
|
$ |
11,055,746 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,741,742,984 |
|
$ |
3,965,229,267 |
|
|
|
Federal |
|
$ |
4,202,241,093 |
|
$ |
4,506,894,166 |
|
|
|
GRF Total |
|
$ |
7,943,984,077 |
|
$ |
8,742,123,433 |
General Services Fund Group
4A8 |
600-658 |
|
Child Support Collections |
|
$ |
42,389,027 |
|
$ |
42,389,027 |
4R4 |
600-665 |
|
BCII Service Fees |
|
$ |
124,522 |
|
$ |
136,974 |
5C9 |
600-671 |
|
Medicaid Program Support |
|
$ |
50,846,239 |
|
$ |
59,226,893 |
5R1 |
600-677 |
|
County Computers |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
613 |
600-645 |
|
Training Activities |
|
$ |
1,462,626 |
|
$ |
1,157,525 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
99,822,414 |
|
$ |
107,910,419 |
Federal Special Revenue Fund Group
3A2 |
600-641 |
|
Emergency Food Distribution |
|
$ |
2,018,844 |
|
$ |
2,018,844 |
3D3 |
600-648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
3F0 |
600-623 |
|
Health Care Federal |
|
$ |
175,148,990 |
|
$ |
168,503,630 |
3F0 |
600-650 |
|
Hospital Care Assurance Match |
|
$ |
292,915,017 |
|
$ |
276,736,571 |
3G5 |
600-655 |
|
Interagency Reimbursement |
|
$ |
852,461,818 |
|
$ |
860,986,436 |
3G9 |
600-657 |
|
Special Activities Self Sufficiency |
|
$ |
522,500 |
|
$ |
190,000 |
3H7 |
600-617 |
|
Day Care Federal |
|
$ |
299,156,430 |
|
$ |
337,848,130 |
3N0 |
600-628 |
|
IV-E Foster Care Maintenance |
|
$ |
152,981,760 |
|
$ |
173,963,142 |
3S5 |
600-622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
3V0 |
600-688 |
|
Workforce Investment Act |
|
$ |
128,476,093 |
|
$ |
128,476,093 |
3V4 |
600-678 |
|
Federal Unemployment Programs |
|
$ |
74,025,525 |
|
$ |
74,025,525 |
3V4 |
600-679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
2,286,421 |
|
$ |
2,286,421 |
3V6 |
600-689 |
|
TANF Block Grant |
|
$ |
654,410,661 |
|
$ |
677,098,311 |
3V6 |
600-690 |
|
Wellness |
|
$ |
14,337,515 |
|
$ |
14,337,515 |
316 |
600-602 |
|
State and Local Training |
|
$ |
10,166,587 |
|
$ |
10,325,460 |
327 |
600-606 |
|
Child Welfare |
|
$ |
34,594,191 |
|
$ |
34,592,977 |
331 |
600-686 |
|
Federal Operating |
|
$ |
41,600,896 |
|
$ |
41,640,897 |
365 |
600-681 |
|
JOB Training Program |
|
$ |
25,000,000 |
|
$ |
5,469,259 |
384 |
600-610 |
|
Food Stamps and State Administration |
|
$ |
160,371,358 |
|
$ |
161,716,857 |
385 |
600-614 |
|
Refugee Services |
|
$ |
4,388,503 |
|
$ |
4,559,632 |
395 |
600-616 |
|
Special Activities/Child and Family Services |
|
$ |
9,491,000 |
|
$ |
9,491,000 |
396 |
600-620 |
|
Social Services Block Grant |
|
$ |
51,195,100 |
|
$ |
51,297,478 |
397 |
600-626 |
|
Child Support |
|
$ |
248,001,590 |
|
$ |
247,353,041 |
398 |
600-627 |
|
Adoption Maintenance/
Administration |
|
$ |
277,806,175 |
|
$ |
341,298,661 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,513,931,548 |
|
$ |
3,626,790,454 |
State Special Revenue Fund Group
198 |
600-647 |
|
Children's Trust Fund |
|
$ |
4,368,785 |
|
$ |
4,379,333 |
3W3 |
600-695 |
|
Adult Protective Services |
|
$ |
120,227 |
|
$ |
120,227 |
3W3 |
600-696 |
|
Non-TANF Adult Assistance |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3W8 |
600-638 |
|
Hippy Program |
|
$ |
62,500 |
|
$ |
62,500 |
3W9 |
600-640 |
|
Adoption Connection |
|
$ |
50,000 |
|
$ |
50,000 |
4A9 |
600-607 |
|
Unemployment Compensation Admin Fund |
|
$ |
9,420,000 |
|
$ |
9,420,000 |
4E3 |
600-605 |
|
Nursing Home Assessments |
|
$ |
95,511 |
|
$ |
95,511 |
4E7 |
600-604 |
|
Child and Family Services Collections |
|
$ |
145,805 |
|
$ |
149,450 |
4F1 |
600-609 |
|
Foundation Grants/Child and Family Services |
|
$ |
116,400 |
|
$ |
119,310 |
4J5 |
600-613 |
|
Nursing Facility Bed Assessments |
|
$ |
31,179,798 |
|
$ |
31,279,798 |
4J5 |
600-618 |
|
Residential State Supplement Payments |
|
$ |
15,700,000 |
|
$ |
15,700,000 |
4K1 |
600-621 |
|
ICF/MR Bed Assessments |
|
$ |
21,604,331 |
|
$ |
22,036,418 |
4R3 |
600-687 |
|
Banking Fees |
|
$ |
592,937 |
|
$ |
592,937 |
4V2 |
600-612 |
|
Child Support Activities |
|
$ |
124,993 |
|
$ |
124,993 |
4Z1 |
600-625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
5A5 |
600-685 |
|
Unemployment Benefit Automation |
|
$ |
19,607,027 |
|
$ |
13,555,667 |
5E6 |
600-634 |
|
State Option Food Stamps |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
5P4 |
600-691 |
|
TANF Child Welfare |
|
$ |
7,500,000 |
|
$ |
7,500,000 |
5P5 |
600-692 |
|
Health Care Services |
|
$ |
223,847,498 |
|
$ |
255,386,713 |
651 |
600-649 |
|
Hospital Care Assurance Program Fund |
|
$ |
203,298,801 |
|
$ |
192,070,088 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
554,834,613 |
|
$ |
569,642,945 |
192 |
600-646 |
|
Support Intercept - Federal |
|
$ |
80,000,000 |
|
$ |
82,000,000 |
5B6 |
600-601 |
|
Food Stamp Intercept |
|
$ |
5,283,920 |
|
$ |
5,283,920 |
583 |
600-642 |
|
Support Intercept - State |
|
$ |
20,162,335 |
|
$ |
20,565,582 |
TOTAL AGY Agency Fund Group |
|
$ |
105,446,255 |
|
$ |
107,849,502 |
Holding Account Redistribution Fund Group
R12 |
600-643 |
|
Refunds and Audit Settlements |
|
$ |
200,000 |
|
$ |
200,000 |
R13 |
600-644 |
|
Forgery Collections |
|
$ |
700,000 |
|
$ |
700,000 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
900,000 |
|
$ |
900,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,218,918,907 |
|
$ |
12,885,216,753 |
Section 62.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL
ASSEMBLY
In addition to other reporting requirements established in
the Revised Code,
the Department of Job and Family Services shall,
not later than June 30,
2002, at the request of the Finance and
Appropriations Committee of the
House of Representatives, report
to the General Assembly on the department's
performance in
carrying out its mission and include in the report at least
the
following: the long-term planning and vision for the various
elements
of the Department of Job and Family Services, and an
analysis of the fund
balances and cash flow in the department's
budget.
Section 62.02. ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER
Each fiscal year, the Director of Budget and
Management
shall
transfer $3,500,000 in appropriation authority
from
appropriation
item 600-410, TANF State, to State Special
Revenue Fund
5B7
appropriation item 038-629, TANF
Transfer-Treatment, and
$1,500,000
in appropriation
authority from
appropriation item
600-410, TANF
State, to State
Special
Revenue
Fund 5E8
appropriation item
038-630, TANF Transfer-Mentoring,
in
the
Department of
Alcohol and
Drug Addiction Services. The
Department of Alcohol and
Drug Addiction
Services
shall comply
with all TANF reporting
requirements and
timelines
specified by
the Department of Job and
Family Services.
Section 62.03. DISABILITY ASSISTANCE
The following schedule shall be used to determine monthly
grant levels in the Disability Assistance Program effective July
1, 2001.
|
Persons in |
|
|
|
Assistance Group |
|
Monthly Grant |
|
1 |
|
$115 |
|
2 |
|
159 |
|
3 |
|
193 |
|
4 |
|
225 |
|
5 |
|
251 |
|
6 |
|
281 |
|
7 |
|
312 |
|
8 |
|
361 |
|
9 |
|
394 |
|
10 |
|
426 |
|
11 |
|
458 |
|
12 |
|
490 |
|
13 |
|
522 |
|
14 |
|
554 |
For each additional person add |
40 |
Section 62.04. ADULT EMERGENCY ASSISTANCE PROGRAM
Appropriations in appropriation item 600-512, Non-TANF
Emergency Assistance, in each fiscal year shall be used for the
Adult Emergency Assistance Program established under section
5101.86 of the Revised Code.
Section 62.05. HEALTH CARE/MEDICAID
The foregoing appropriation item 600-525, Health
Care/Medicaid, shall not be limited by the provisions of section
131.33 of the Revised Code.
Section 62.06. CHILD SUPPORT COLLECTIONS/TANF MOE
The foregoing appropriation item 600-658, Child Support
Collections, shall be
used by the Department of Job and Family
Services to meet the TANF
maintenance of effort requirements of
Pub. L. No. 104-193. After the state
has met the
maintenance of
effort requirement, the Department of Job and Family Services
may
use funds from appropriation item 600-658 to support public
assistance
activities.
Section 62.07. MEDICAID PROGRAM SUPPORT FUND - STATE
The foregoing appropriation item 600-671, Medicaid Program
Support, shall be
used by the Department of Job and Family
Services to pay for Medicaid services
and contracts.
Section 62.08. HOSPITAL CARE ASSURANCE MATCH FUND
Appropriation item 600-650, Hospital Care Assurance Match,
shall be used by the Department of Job and
Family
Services in
accordance with division (B) of section
5112.18 of the Revised
Code.
Of the foregoing appropriation item 600-689, TANF Block
Grant, the Department of Job and Family Services may provide
financial
incentives to those
county departments of job and family
services
that have exceeded performance standards
adopted by the
state
department, and where the board of county commissioners
has
entered into a written agreement with the state department under
section
5101.21 of the Revised Code governing the administration
of the county
department. Any financial incentive funds provided
pursuant to this division
shall be used by the county department
for additional or enhanced
services for families eligible for
assistance under Chapter 5107. or benefits and services under
Chapter 5108. of
the Revised Code or, on request by the county and
approval by the Department
of Job
and Family Services, be
transferred to the Child Care and Development
Fund
or the Social
Services Block Grant. The county departments
of job and family
services
may retain and expend
such funds without regard
to the
state or county fiscal year in which the
financial
incentives were
earned or paid. Each county department of job and family
services
shall file an annual report with the Department of
Job and
Family
Services providing detailed information on the
expenditure of
these
financial
incentives and an evaluation of the
effectiveness
of the county department's
use of these funds in
achieving
self-sufficiency for families eligible for
assistance
under
Chapter 5107. or benefits and services under Chapter 5108. of the
Revised Code.
TANF YOUTH DIVERSION PROGRAMS
Of the foregoing appropriation item 600-689, TANF Block
Grant, $19,500,000 in each fiscal year shall be allocated by the
Department of Job and Family Services to the counties according to
the allocation formula established in division (D) of section
5101.14 of the Revised Code. Of the funds allocated to each
county, up to half may be used for contract or county-provided
services for unruly and misdemeanant diversionary programs. The
juvenile court in each county shall have a right of first refusal
for the use of these funds for the purpose of juvenile diversion
activities in accordance with the county?s comprehensive joint
service plan, as provided by divisions (C), (D), and (E) of
section 121.37 of the Revised Code.
The remaining funds not allocated for use in juvenile
diversion activities may be used by the county for other contract
or county-provided child welfare services. In counties with
separate departments of job and family services and public
children services agencies, the county department of job and
family services shall serve as a pass through to the public
children services agencies for these funds. Separate public
children services agencies receiving such funds shall comply with
all TANF requirements, including reporting requirements and
timelines, as specified in state and federal laws, federal
regulations, state rules, and the Title IV-A state plan, and are
responsible for payment of any adverse audit finding, final
disallowance of federal financial participation, or other sanction
or penalty issued by the federal government or other entity
concerning these funds.
Of the foregoing $19,500,000 set aside, any funds remaining
unspent on June 30, 2002, shall be carried forward and added to
the earmark for fiscal year 2003, and allocated to the counties
according to the allocation formula established in division (D) of
section 5101.14 of the Revised Code.
Of the foregoing appropriation item 600-689, TANF Block
Grant, up to $3 million in each fiscal year shall be allocated by
the Department of Job and Family Services to county departments of
job and family services for the purpose of making allocations to
local public children services agencies to provide services in the
Kinship Navigation program. The allocation to county departments
of job and family services shall be based on the number of Ohio
works first cases in the county, and the number of children
seventeen years of age or younger in the county. The Department of
Job and Family Services shall develop an appropriate method of
reallocating these funds in each fiscal year among the county
deparments of job and family services, if they would otherwise be
unspent.
Not later than July 15, 2002, the Director of Budget and
Management shall transfer $35,000,000 in appropriation authority
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to
Fund 3W6, TANF Education, in the Department of Education, which is
created in the State Treasury. The transferred funds shall be
used for the purpose of providing allowable services to
TANF-eligible individuals.
Not later than July 15, 2001, the Director of Budget and
Management shall transfer $76,156,175 from Fund 3V6, TANF Block
Grant, to Fund 3W6, TANF Education, in the Department of
Education. Not later than July 15, 2002, the Director of Budget
and Management shall transfer $98,843,825 from Fund 3V6, TANF
Block Grant, to Fund 3W6, TANF Education, in the Department of
Education. The transferred funds shall be used for the purpose of
providing allowable services to TANF-eligible individuals. The
Department of Education shall comply with all TANF requirements,
including reporting requirements and timelines, as specified in
state and federal laws, federal regulations, state rules, and the
Title IV-A state plan, and is responsible for payment of any
adverse audit finding, final disallowance of federal financial
participation, or other sanction or penalty issued by the federal
government or other entity concerning these funds.
TANF ADULT LITERACY AND CHILD READING PROGRAMS
From the foregoing appropriation item 600-689, TANF Block
Grant, up to
$5,000,000 in each fiscal year shall be used to
support local adult literacy
and child reading programs.
In each fiscal year, the Director of Job and Family Services
shall provide $100,500 from appropriation item 600-689, TANF Block
Grant, to the Hamiliton County Department of Job and Family
Services to contract with the Talbert House for the purpose of
providing allowable servcies to TANF-eligible individuals. The
Hamilton County Department of Job and Family Services and the
Talbert House shall agree on reporting requirements that meet all
TANF reporting requirements and timelines specified by the
Department of Job and Family Services to be incorporated into the
contract.
DYS COMPREHENSIVE STRATEGIES
No later than July 15, 2001, the Director of Budget and
Management shall transfer $5,000,000 in appropriation authority
from appropriation item 600-689, TANF Block Grant, to Federal
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer
- Comprehensive Strategies, in the Department of Youth Services.
These funds shall be used by the Department of Youth Services to
make grants to local communities to establish models of
inter-system collaboration to prevent children from entering the
juvenile justice system. In making the grants, the Department of
Youth Services shall require that grantees use the funds only to
plan, develop, or enhance collaborative models. Funds provided to
grantees may not be used for any type of direct or purchased
services. The Department of Youth Services shall comply with all
TANF requirements, including reporting requirements and timelines,
as specified in state and federal laws, federal regulations, state
rules, and the Title IV-A state plan, and is responsible for
payment of any adverse audit finding, final disallowance of
federal financial participation, or other sanction or penalty
issued by the federal government or other entity concerning these
funds.
TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER
PROGRAM
No later than July 15, 2001, the Director of Budget and
Management shall
transfer $5,200,000 in appropriation authority
from appropriation item
600-689, TANF Block Grant, to
appropriation item 195-497, CDBG Operating
Match, in the
Department of Development. No later than July 15, 2002, the
Director of Budget and Management shall transfer $6,500,000 in
appropriation
authority from appropriation item 600-689, TANF
Block Grant, to
appropriation item 195-497, CDBG Operating Match,
in the Department of
Development. These funds shall be used to
provide supportive
services for low-income families related to
housing
or homelessness, including housing counseling; to provide
grants to
nonprofit organizations to assist families with incomes
at or below 200 per
cent of the federal poverty guidelines with
down-payment assistance for
homeownership, including the purchase
of mobile homes; to provide emergency
home repair funding for
families with incomes at or below 200 per cent of
the federal
poverty guidelines; to provide operating support for family
emergency shelter programs; and to provide emergency rent and
mortgage
assistance for families with incomes at or below 200 per
cent of the federal
poverty guidelines. The
funds shall not be
used to match
federal funds. The Department of
Development shall
comply with all TANF
requirements, including
reporting
requirements and timelines, as specified
in state and
federal
laws, federal regulations, state rules, and the Title
IV-A
state
plan, and is responsible for payment of any adverse audit
finding,
final disallowance of federal financial participation, or
other
sanction or penalty issued by the federal government or
other
entity
concerning these funds.
The Director of Budget and Management shall transfer by
intrastate voucher, no later than the fifteenth day of July of
each fiscal year, cash from the General Revenue Fund,
appropriation item 600-410, TANF State, to General Services Fund
5C1 in the Department of Health, in an amount of $250,000 in each
fiscal year for the purpose of family planning services for
children or their families whose income is at or below 200 per
cent of the official poverty guideline.
TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS
From the foregoing appropriation items 600-410, TANF State;
600-658, Child
Support Collections; or 600-689, TANF Block Grant,
or a combination of these
appropriation items, no less than
$369,040,735 in each fiscal year shall be
allocated to county
departments of job and family services as follows:
|
County Allocations |
|
$276,586,957 |
|
|
WIA Supplement |
|
$35,109,178 |
|
|
Early Start - Statewide |
|
$38,034,600 |
|
|
Transportation |
|
$5,000,000 |
|
|
County Training |
|
$3,050,000 |
|
|
Adult Literacy and Child |
|
|
|
|
Reading Programs |
|
$5,000,000 |
|
|
Disaster Relief |
|
$5,000,000 |
|
|
School Readiness Centers |
|
$1,260,000 |
|
Upon the request of the Department of Job and Family
Services, the Director
of Budget and Management may seek
Controlling Board approval to increase
appropriations in
appropriation item 600-689, TANF Block Grant, provided
sufficient
Federal TANF Block Grant funds exist to do so, without any
corresponding decrease in other appropriation items. The
Department of Job
and Family Services shall provide the Office of
Budget and Management and
the Controlling Board with documentation
to support the need for the
increased appropriation.
All transfers of moneys from or charges against TANF Federal
Block
Grant awards for use in the Social Services Block Grant or
the Child Care
and Development Block
Grant from either unobligated
prior year appropriation authority in appropriation item
400-411,
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or
from fiscal
year 2002 and fiscal year 2003
appropriation authority
in item 600-689, TANF Block Grant, shall be done ten days after
the Department of Job and Family Services gives written notice to
the Office of Budget and Management.
The Department of Job
and
Family Services
shall first provide the
Office of Budget and
Management with
documentation to
support the
need for such
transfers or charges
for use in the Social Services
Block Grant or
in the Child Care
Development Block Grant.
The Department of Job and
Family Services shall in each
fiscal year of the biennium transfer
the maximum amount of funds
from the federal TANF Block Grant to
the federal Social Services
Block Grant as permitted under federal
law. Not later than July
15, 2001, the Director of Budget and
Management shall transfer
$60,000,000 in receipts from TANF Block
Grant funds that have been
credited to the Social Services Block
Grant to State Special
Revenue Fund 5Q8, in the Office of Budget
and Management. Not
later than June 1, 2002, the Director of
Budget and Management
shall determine the amount of funds in State
Special Revenue Fund
XXX that is needed for the purpose of
balancing the General
Revenue Fund, and may transfer that amount
to the General Revenue
Fund. That amount is hereby appropriated. Any moneys remaining in
State
Special Revenue Fund 5Q8 on
June 15, 2002, shall be
transferred
not later than June 20, 2002
to Fund 3V6, TANF Block
Grant, in the
Department of Job and Family
Services. Not later
than July 15,
2002, the Director of Budget
and Management shall
transfer to
State Special Revenue Fund 5Q8,
from Fund 3V6 in the
Department of
Job and Family Services, the
amount of funds that
remained in
Special Revenue Fund 5Q8 on June
15, 2002, and that
were
transferred to Fund 3V6. Not later than
June 1, 2003, the
Director of Budget and Management shall
determine the amount of
funds in State Special Revenue Fund 5Q8
that is needed for the
purpose of balancing the General Revenue
Fund, and may transfer
that amount to the General Revenue Fund. That amount is hereby
appropriated.
Any moneys remaining in
State Special Revenue Fund
5Q8 on June 15,
2003, shall be
transferred not later than June 20,
2003, to Fund
3V6, TANF Block
Grant, in the Department of Job and
Family
Services.
Before the thirtieth day of September of each fiscal year,
the Department of Job and Family
Services shall file claims with
the United States Department of
Health and Human Services for
reimbursement for all allowable
expenditures for services provided
by the Department of Job and
Family Services, or other agencies
that may qualify for Social
Services Block Grant funding pursuant
to Title XX of the Social
Security Act. The Department of Job and
Family Services shall deposit, during each fiscal year, into Fund
5E6, State Option Food
Stamps, $6 million, into Fund 5P4, TANF
Child Welfare, $7.5
million, into Fund 3W5, Health Care
Services,
$500,000, into Fund 3W8, Hippy Program, $62,500, and
into Fund
3W9, Adoption Connection, $50,000 and
deposit in fiscal
year 2002,
into Fund 3W2,
Title XX Vocational
Rehabilitation,
$600,000, and
into Fund 3W3, Adult Special Needs, $2,920,227 and
deposit in
fiscal year
2003, into Fund 3W2,
Title XX Vocational
Rehabilitation, $897,052, and into Fund 3W3, Adult Special
Needs,
$6,520,227
in receipts from TANF
Block Grant funds credited
to the
Social
Services Block Grant. On
verification of the
receipt of
the above
revenue, the funds
provided by these
transfers shall be
used as
follows:
|
Fund 5E6 |
|
|
|
Second Harvest Food Bank |
$4,500,000 |
|
|
Child Nutrition Services |
$900,000 |
|
|
Ohio Alliance of Boys and Girls Clubs |
$600,000 |
|
|
Fund 5P4 |
|
|
|
Support and Expansion for PCSA Activities |
$5,500,000 |
|
|
Pilot Projects for Violent and Aggressive Youth |
$2,000,000 |
|
|
Fund 3W2 |
|
|
|
Title XX Vocational Rehabilitation in fiscal year 2002 |
$600,000 |
|
|
Title XX Vocational Rehabilitation in fiscal year 2003 |
$897,052 |
|
|
Fund 3W3 |
|
|
|
Adult Protective Services in fiscal year 2002 |
$120,227 |
|
|
Adult Protective Services in fiscal year 2003 |
$120,227 |
|
|
Non-TANF Adult Assistance in fiscal year 2002 |
$1,000,000 |
|
|
Non-TANF Adult Assistance in fiscal year 2003 |
$1,000,000 |
|
|
Community-Based Correctional Facilities in fiscal year 2002 |
$1,800,000 |
|
|
Community-Based Correctional Facilities in fiscal year 2003 |
$5,400,000 |
|
|
Fund 3W5 |
|
|
|
Abstinence-only Education |
$500,000 |
|
|
Fund 3W8 |
|
|
|
Hippy Program |
$62,500 |
|
|
Fund 3W9 |
|
|
|
Adoption Connection |
$50,000 |
|
The foregoing appropriation item 600-690, Wellness, shall be
used by county departments of job and family services for teen
pregnancy prevention programming. Local contracts shall be
developed between county departments of job and family services
and local family and children first councils for the
administration of TANF funding for this program.
Section 62.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS
The Department of Job and Family Services may use up to
$4,500,000 of appropriation item 600-634, State Options
Food
Stamps (Fund 5E6), in each fiscal year of the biennium to support
expenditures
to the Ohio Association of Second
Harvest Food Banks
pursuant to the following
criteria.
As used in this section,
"federal poverty guidelines" has the
same meaning as in section 5101.46 of the Revised Code.
The Department of Job and Family Services shall provide an
annual grant of
$4,500,000 in each of the fiscal years 2002 and
2003 to the Ohio
Association of Second Harvest Food
Banks.
In
each fiscal year,
the Ohio Association of Second Harvest Food
Banks shall
use
$2,500,000 for the purchase of food products for
the Ohio Food
Program, of
which up to $105,000 may be used for
food storage and
transport, and shall use
$2,000,000 for the
Agricultural Surplus
Production Alliance Project. Funds
provided
for the Ohio Food
Program shall be used to purchase food products
and
distribute
those food products to agencies participating in
the emergency
food
distribution program. No funds provided
through this grant
may be used for
administrative expenses other
than funds provided
for food storage and
transport. As soon as
possible after
entering into a grant agreement at the
beginning of
the fiscal
year, the Department of Job and Family Services shall
distribute
the grant funds in one single payment. The Ohio
Association of
Second Harvest Food Banks shall develop a plan for
the
distribution of the
food products to local food
distribution
agencies. Agencies receiving these food products shall ensure
that individuals and families who receive any of the food products
purchased
with these funds have an income at or below 150 per cent
of the federal poverty
guidelines. The Department of Job and
Family
Services and the Ohio Association
of Second Harvest Food
Banks
shall agree on reporting requirements to be
incorporated
into the
grant agreement.
The Ohio Association of Second Harvest Food Banks shall
return any fiscal year
2002 funds from this grant remaining
unspent on June 30, 2002, to
the Department of Job and Family
Services no later than November
1, 2002. The Ohio Association of
Second Harvest Food Banks shall
return any fiscal year 2003 funds
from this grant remaining
unspent on June 30, 2003, to the
Department no later than November
1, 2003.
Section 62.11. CHILD NUTRITION SERVICES
The Department of Job and Family Services may use up to
$900,000 in each fiscal
year of appropriation item
600-634,
State
Option Food Stamps(Fund 5E6), to support
Child
Nutrition
Services
in the Department of Education. As soon as
possible
after the
effective date of this section, the Department
of Job
and Family
Services shall enter into an interagency
agreement with
the
Department of
Education to reimburse the 19
pilot programs
that
provide nutritional evening
meals to
adolescents 13
through
18
years of age participating in educational or
enrichment
activities
at youth
development centers. Such funds
shall not be
used as
matching
funds. Eligibility and reporting
guidelines
shall be
detailed in
the interagency agreement.
OHIO ALLIANCE OF BOYS AND GIRLS CLUBS
Of the foregoing appropriation item 600-634, State Option
Food Stamps (Fund 5E6), the Department of Job and Family Services
shall use up to $600,000 in each fiscal year to support
expenditures of the Ohio Alliance of Boys and Girls Clubs to
provide nutritional meals, snacks, and educational and enrichment
services, including tutoring, homework assistance, and
standardized achievement test preparation, to children
participating in programs and activities operated by eligible Boys
and Girls Clubs. The Ohio Alliance of Boys and Girls Clubs shall
provide allowable services to Title XX eligible children.
As soon as possible after entering into a grant agreement at
the beginning of the fiscal year, the Department of Job and Family
Services shall distribute the grant funds in one single payment.
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal
year 2002 funds from this grant remaining unspent on June 30,
2002, to the Department of Job and Family Services not later than
November 1, 2002. The Ohio Alliance of Boys and Girls Clubs shall
return any fiscal year 2003 funds from this grant remaining
unspent on June 30, 2003, to the Department of Job and Family
Services not later than November 1, 2003.
Section 62.12. PRESCRIPTION DRUG REBATE FUND
The foregoing appropriation item 600-692, Health Care
Services, shall be used by the Department of Job and Family
Services in accordance with section 5111.081 of the Revised Code.
Section 62.13. ODJFS FUNDS
The Agency Fund
Group shall be used to hold revenues until
the
appropriate fund is determined or until they are directed to
the appropriate
governmental agency other than the Department of
Job and Family Services. If
it is determined that
additional
appropriation authority is necessary, such amounts are
appropriated.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 600-643, Refunds and Audit
Settlements, and 600-644, Forgery Collections,
Holding Account
Redistribution Fund Group, shall be used to hold
revenues until
they are
directed to the appropriate accounts or
until they are
refunded. If it is
determined that additional
appropriation
authority is necessary, such amounts
are
appropriated.
Section 62.14. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF
JOB AND FAMILY
SERVICES
Using the foregoing appropriation items 600-504, Non-TANF
County
Administration; 600-610, Food Stamps and State
Administration;
600-410, TANF State;
600-689, TANF Block
Grant;
600-620, Social Services
Block Grant; 600-552, County
Social
Services; 600-413, Day Care
Match/Maintenance of Effort;
600-617,
Day Care Federal; 600-534, Adult
Protective Services; and
600-614,
Refugees Services, the Department of Job and
Family
Services may
establish
a single allocation for county departments
of job and
family services
that are subject to a partnership agreement
between a board of
county commissioners and the department under
section 5101.21 of the Revised Code. The
county department
is not
required to use all the money from one or
more of the
appropriation items listed in this paragraph
for the
purpose for
which the
specific appropriation item is made so long as
the
county
department uses the money for a purpose for which at least
one of
the other
of those appropriation items is made. The
county
department may not use the money in the allocation for a
purpose
other than a purpose any of those
appropriation
items
are made.
If
the spending estimates used in
establishing
the
single
allocation
are not realized and the
county department
uses
money
in one or
more of those
appropriation items
in a
manner for which
federal
financial
participation is not
available,
the department
shall use
state
funds available in one
or more of
those
appropriation
items
to ensure that the
county
department receives
the full
amount of
its allocation. The
single
allocation is the
maximum
amount the
county department
shall
receive from those
appropriation items.
ADULT PROTECTIVE SERVICES
The foregoing appropriation item 600-695, Adult Protective
Services, shall be used to provide adult protective services in
accordance with section 5101.62 of the Revised Code.
NON-TANF ADULT ASSISTANCE
The foregoing appropriation item 600-696, Non-TANF Adult
Assistance, shall be used to provide funding for the Adult
Emergency Assistance Program in accordance with section 5101.86 of
the Revised Code.
The Department of Job and Family Services may use up to
$62,500 of
appropriation item 600-638, Hippy Program (Fund 3W8),
in each fiscal year to
support expenditures to the Hippy Program
in Hamilton County. The
Department of Job and Family Services and
the Hippy Program shall agree on
reporting requirements to be
incorporated into the grant agreement.
The Department of Job and Family Services may use up to
$62,500 of
appropriation item 600-640, Adoption Connection (Fund
3W9), in each fiscal
year to support expenditures to the Adoption
Connection Program in Hamilton
County. The Department of Job and
Family Services and the Adoption
Connection Program shall agree on
reporting requirements to be incorporated
into the grant
agreement.
Section 62.15. TRANSFER OF FUNDS
The Department of Job and Family Services shall transfer
through
intrastate transfer vouchers, cash from State Special
Revenue Fund 4K1,
ICF/MR
Bed Assessments, to fund 4K8, Home and
Community-Based Services, in the
Ohio Department of Mental
Retardation and Developmental
Disabilities. The sum of the
transfers shall equal $12,783,463 in fiscal
year 2002 and
$13,039,133 in fiscal year 2003. The
transfer may occur on a
quarterly basis or on a schedule developed
and agreed
to by both
departments.
The Department of Job and Family Services shall
transfer,
through
intrastate transfer vouchers, cash from the
State Special
Revenue
Fund 4J5, Home and Community-Based Services
for the Aged,
to Fund 4J4,
PASSPORT, in the Department of
Aging. The sum
of the
transfers
shall be equal to the amounts
appropriated in
fiscal
year 2002 and fiscal year 2003 in appropriation
item
490-610,
PASSPORT/Residential State Supplement. The transfer may
occur on
a
quarterly basis or on a schedule developed and agreed
to by both
departments.
TRANSFERS OF IMD/DSH CASH
The Department of Job and Family Services shall transfer,
through intrastate
transfer voucher, cash from fund
5C9, Medicaid
Program Support, to the
Department of Mental Health's Fund 4X5,
OhioCare, in accordance with an
interagency agreement which
delegates authority from the Department of Job and
Family Services
to the Department of Mental Health to administer specified
Medicaid services.
Section 62.16. CONSOLIDATION OF STATE GRANTS
With the consent of a county, the Department of Job and
Family
Services may combine into a single and consolidated grant
of
state aid, funds that would otherwise be provided to that
county
pursuant to the operation of section 5101.14 of the Revised
Code
and other funds that would otherwise be provided to that
county
for the purpose of providing kinship care. In fiscal year
2003, the grant
shall also include unspent funds remaining from
any grant
provided to the county under this section in fiscal year
2002.
Funds contained in any such consolidation grant shall not be
subject to either statutory or administrative rules that would
otherwise govern allowable uses from such funds, except that
such
funds shall continue to be used by the county to meet the
expenses
of its children services program under Chapter 5153. of the
Revised Code. Funds contained in
a consolidation grant shall be
paid to each county within
thirty
days after the beginning of each
calendar quarter. Funds
provided
to a county under this section
shall be deposited in
the children
services fund, established in
section 5101.144 of
the Revised
Code, and shall be used for no
other purpose than to
meet the
expenses of the children services
program. Within
ninety days
after the end of fiscal year 2003,
each county shall
return to the
Department of Job and Family
Services any unspent balance
in the
consolidated grant, unless
this section is renewed for a
subsequent period of time.
Section 62.17. EMPLOYER SURCHARGE
The surcharge and the interest on the surcharge amounts due
for calendar years
1988, 1989, and 1990 as required by Am. Sub.
H.B. 171 of the 117th General
Assembly, Am. Sub. H.B. 111 of the
118th General Assembly, and section
4141.251 of the Revised Code
as it existed prior to Sub. H.B. 478 of the 122nd
General
Assembly, again shall be assessed and
collected by, accounted for,
and made available to the Department of Job and
Family Services in
the same manner as
set forth in section 4141.251 of the Revised
Code as it existed prior to Sub.
H.B. 478 of the 122nd General
Assembly, notwithstanding the repeal of the
surcharge for calendar
years after 1990, pursuant to Sub. H.B. 478 of the
122nd General
Assembly, except that amounts received by the Director on or after
July 1, 2001, shall be deposited into the special administrative
fund established pursuant to section 4141.11 of the Revised Code.
Effective July 1, 2001, the balance of the unemployment
compensation surcharge trust funds created in custody of the
Treasurer of State pursuant to section 4141.251 of the Revised
Code shall be transferred into the special administrative fund
established pursuant to section 4141.11 of the Revised Code.
Section 62.18. OHIO ACCESS SUCCESS PROJECT
(A) As used in this section,
"nursing facility" has the same
meaning as in section 5111.20 of the Revised Code.
(B) To the extent funds are available as provided in this
act, the Director of Job and Family Services may establish the
Ohio Access Success Project to help Medicaid recipients make the
transition from residing in a nursing facility to residing in a
community setting. If the Director establishes the Project, the
Director shall provide one-time benefits to not more than
seventy-five Medicaid recipients in fiscal year 2002 and not more
than one
hundred twenty-five Medicaid recipients in fiscal year
2003. To
be eligible for benefits under the Project, a Medicaid
recipient
must satisfy all of the following requirements:
(1) At the time of applying for the benefits, be a recipient
of Medicaid-funded nursing facility care;
(2) Have resided continuously in a nursing facility since at
least January 1, 2000;
(3) Need the level of care provided by nursing facilities;
(4) Need benefits whose projected cost does not exceed
eighty per cent of the average monthly Medicaid cost of individual
Medicaid recipients' nursing facility care.
(C) If the Director of Job and Family Services establishes
the Ohio Access Success Project, the benefits provided under the
Project
may include payment of all of the following:
(1) The first month's rent in a community setting;
(5) Other expenses not covered by the Medicaid program that
facilitate a Medicaid recipient's move from a nursing facility to
a community setting.
(D) No person may receive more than two thousand dollars
worth of benefits under the Ohio Access Success Project.
Section 62.19. FUNDING FOR HABILITATIVE SERVICES
Notwithstanding any limitations contained
in
sections 5112.31
and 5112.37 of the Revised Code, in each
fiscal
year, cash from
State Special Revenue Fund 4K1, ICF/MR Bed
Assessments, in excess
of the amounts needed for transfers to Fund
4K8 may be used by the
Department of Job and Family Services to
cover costs of care
provided to participants in the Ohio Home Care
Waiver or in a
waiver administered by the Department under the section titled
"Waiver Redesign". Expenses
to be paid from this fund by the
Department of
Job and Family
Services shall be limited to costs
for habilitative
services for individuals
who are
not determined
to be eligible for county board of MR/DD
services,
and who
require
a level of care that is routinely provided
through
intermediate
care facilities for the mentally retarded or
through
ICF/MR
waivers administered by the Department of Mental
Retardation and
Developmental Disabilities.
Section 62.20. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND
THE OHIO ACCESS SUCCESS PROJECT
Notwithstanding any limitations in sections
3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash
from the
State Special Revenue Fund 4J5, Home and Community-Based
Services
for the Aged, in excess of the amounts needed for the
transfers
may be used by the Department of Job and Family
Services
for the
following purposes: (A) up to $1.0 million in
each fiscal
year to
fund the state share of audits of Medicaid
cost reports
filed with
the Department of Job and Family Services
by nursing
facilities
and intermediate care facilities for the
mentally
retarded; and
(B) up to $150,000 in fiscal year 2002 and
up to
$250,000 in
fiscal year 2003 to provide one-time
transitional
benefits under
the Ohio Access Success Project that the
Director of Job
and
Family
Services may establish under the section of this act
titled
"Ohio
Access Success Project."
Section 62.21. MR/DD WAIVER REDESIGN
(A) The Director of Job and Family Services may submit a
request to the United States Secretary of Health and Human
Services pursuant to section 1915 of the
"Social Security Act," 79
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a
Medicaid home and community-based services waiver program, or
modify a current Medicaid home and community-based services waiver
program, to serve individuals with mental retardation or a
developmental disability who meet all of the following
requirements:
(1) Need the level of care provided by intermediate care
facilities for the mentally retarded;
(2) Need habilitation services;
(3) Are enrolled in the Ohio Home Care Waiver Program on
June 30, 2001;
(4) Are transferred from the Ohio Home Care Waiver Program
to
the new or modified home and community-based services waiver
program.
(B) If the United States Secretary of Health and Human
Services grants a waiver request submitted under division (A) of
this section, the Director of Job and Family Services may create a
new, or modify an existing, home and community-based services
waiver program in accordance with the waiver. The new or modified
waiver program shall specify the maximum amount that the program
may spend per individual enrolled in the program.
(C) The Director of Job and Family Services may reduce the
maximum number of individuals the Ohio Home Care Waiver Program
may serve by the number of individuals transferred from that
program to the new or modified home and community-based services
waiver program provided for by this section.
(D) The Department of Job
and Family Services may
administer the new or modified home and
community-based services
waiver program provided for by this
section or enter into an
interagency agreement with the Department
of Mental Retardation
and Developmental Disabilities to administer
the waiver program
under the Department of Job and Family
Services' supervision.
Such
interagency agreement shall specify the maximum
number of
individuals who may be transferred from the Ohio Home
Care Waiver
Program to the new, or modified, waiver program and
the
estimated
cost of services under the new, or modified, waiver
program to the
transferred individuals. The departments may not
enter into the
interagency agreement without approval of the
Director of Budget
and Management. If the departments enter into
the interagency
agreement, the Director of Budget and Management
may reduce the
amount of the appropriation in line item 600-525,
Health
Care/Medicaid, by the estimated cost specified in the
interagency
agreement. If the Director makes the reduction, the
state share
of the estimated costs are appropriated to the
Department of
Mental Retardation and Developmental Disabilities in
a new
appropriation item that shall be established for this
purpose.
The
Director of Budget and Management may increase the
appropriation
in appropriation item 322-639, Medicaid Waiver, by
the
corresponding non-GRF federal share of the estimated costs.
Section 62.22. MEDICALLY FRAGILE WAIVER REDESIGN
(A) The Director of Job and Family Services may submit a
request to the United States Secretary of Health and Human
Services pursuant to section 1915 of the
"Social Security Act," 79
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a
Medicaid home and community-based services waiver program, or
modify a current Medicaid home and community-based services waiver
program, to serve medically fragile individuals who meet all of
the following
requirements:
(1) Need a skilled level of care as defined in rule
5101:3-3-05 of the Administrative Code;
(2) Are enrolled in the Ohio Home Care Waiver Program on June
30, 2001, or, as limited by division (D) of this section, after
that date;
(3) Are transferred from the Ohio Home Care Waiver Program
to the new or modified home and community-based services waiver
program.
(B) If the United States Secretary of Health and Human
Services grants a waiver request submitted under division (A) of
this section, the Director of Job and Family Services may create a
new, or modify an existing, home and community-based services
waiver program in accordance with the waiver. The new or modified
waiver program shall specify the maximum amount that the program
may spend per individual enrolled in the program. The Department
of Job and Family Services shall administer the waiver program.
(C) The Director of Job and Family Services may reduce the
maximum number of individuals the Ohio Home Care Waiver Program
may serve by the number of individuals transferred from that
program to the new or modified home and community-based services
waiver program provided for by this section.
(D) No more than a number, approved by the Director of
Budget and Management, of individuals who enroll in the Ohio Home
Care Waiver Program after June 30, 2001, may transfer to the new
or modified waiver program provided for by this section.
Section 62.23. MEDICAID WAIVER
(A) With the assistance of the Department of Mental Health
and after consulting with community mental health facilities that
provide mental health services included in the state Medicaid plan
pursuant to section 5111.022 of the Revised Code,
the Department
of Job and Family Services shall develop and submit
to the Health
Care Financing Administration of the United States
Department of
Health and Human Services an application for a
waiver under which
any of the federal Medicaid statutes and
regulations that are
subject to being waived may be waived as
necessary for purposes of
better ensuring both of the following:
(1) That Medicaid coverage and payment methods for mental
health services provided under section 5111.022 of the Revised
Code are consistent with the service priorities established
pursuant to Chapters 340. and 5119. of the Revised Code;
(2) That the services provided under section 5111.022 of the
Revised Code can be provided in a manner that maximizes the
effectiveness of resources available to the Department of Mental
Health and boards of alcohol, drug addiction, and mental health
services.
(B) The actions taken by the Department of Mental Health and
Department of Job and Family Services to develop and submit the
application for the waiver specified in division (A) of this
section shall be taken in a manner that allows the provisions of
the waiver to be implemented not later than July 1, 2002.
Section 62.24. REFUND OF SETS PENALTY
The Department of Job and Family Services shall notify the
Controlling Board immediately on receipt of any refunds for
penalties that were paid
directly or indirectly by the state for
the Support Enforcement
Tracking System (SETS). Any and all
refunds received for such penalties shall be deposited in their
entirety to the
General Revenue Fund.
Section 62.25. As used in this section,
"Medicaid waiver
component" has the same meaning as in section 5111.85 of the
Revised Code.
A rule adopted by the Director of Job and Family Services
governing a Medicaid waiver component that is in effect on the
effective date of this section shall remain in effect until
amended or rescinded as part of the adoption of rules under
section 5111.85 of the Revised Code.
Section 62.26. The Health Care Compliance Fund created by
section 5111.171 of the Revised Code is the same fund as the
Health Care Compliance Fund created by the Controlling Board in
October 1998.
Section 62.27. Not later than October 31, 2001, the Director
of Job and Family Services shall submit to the United States
Secretary of Health and Human Services an amendment to the state
Medicaid Plan to provide for the Department of Job and Family
Services to continue the Program of All-Inclusive Care for the
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The
Director may submit to the United States Secretary a request to
transfer the day-to-day administration of PACE to the Department
of Aging. If the United States Secretary approves the amendment,
the Directors of Job and Family Services and Aging may enter into
an interagency agreement under section 5111.86 of the Revised Code
to transfer responsibility for the day-to-day administration of
PACE from the Department of Job and Family Services to the
Department of Aging. The interagency agreement is subject to the
approval of the Director of Budget and Management and shall
include an estimated cost of services to be provided under PACE.
If the Directors of Job and Family Services and Aging enter
into the interagency agreement, the Director of Budget and
Management shall reduce the amount in appropriation item 600-525,
Health Care/Medicaid, by the estimated costs of PACE services
included in the interagency agreement. If the Director of Budget
and Management makes the reduction, the state and federal share of
the estimated costs of PACE services is hereby appropriated to the
Department of Aging. The Director of Budget and Management shall
establish a new appropriation item for the appropriation.
Section 62.28. (A) The authority of the Director of Job and
Family Services under section 5111.02 of the Revised Code to adopt
a rule excluding drugs for the treatment of obesity from coverage
under the Medicaid program is revoked. Therefore, the Director
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the
Administrative Code is suspended pending the rescission. This
division does not require the Medicaid program to cover drugs for
the treatment of obesity.
The rule of this act that items in uncodified sections do not
have effect after June 30, 2003, does not apply to this division.
(B) Not later than six months after the effective date of
this section, the Director of Job and Family Services shall
complete an evaluation and issue a report on whether the Medicaid
program should cover anti-obesity agents that have been approved
by the United States Food and Drug Administration for the
treatment of obesity and obesity's related co-morbidities. At a
minimum, the evaluation shall consider the safety, efficacy, and
cost-effectiveness of having the Medicaid program cover such
anti-obesity agents. The Director shall submit the report to the
chairperson and ranking minority member of the House of
Representatives Finance and Appropriations Committee and the
chairperson and ranking minority member of the Senate Finance and
Financial Institutions Committee.
Section 62.29. CHILD PROTECTIVE SERVICES
Of the foregoing appropriation item 600-527, Child Protective
Services, $15,000 in each fiscal year shall be provided to the
Children?s Advocacy Center in Portage County.
Section 62.30. The Director of Job and Family Services may
apply to the United States Secretary of Health and Human Services
to increase the number of individuals that the Individual Options
Medicaid home or community-based services waiver program may serve
as follows:
(A) For fiscal year 2002, that the waiver program serve at
least five hundred more individuals than the waiver program served
in fiscal year 2001;
(B) For fiscal year 2003, that the waiver program serve at
least five hundred more individuals than the waiver program served
in fiscal year 2002.
Section 62.31. PREFERRED OPTION EVALUATION
The Director of Job and Family Services shall evaluate the
Medicaid managed care enrollment alternative known as Preferred
Option. As part of the evaluation, the Director shall examine
whether Preferred Option should be expanded to additional
counties. Not later than June 30, 2003, the Director shall submit
a report on the evaluation to the Governor, Speaker of the House
of Representatives, and President of the Senate. The Director
shall include in the report any findings made pursuant to the
evaluation, including the Director's conclusions as to whether
Preferred Option should be expanded to additional counties. The
Director may not expand Preferred Option to any additional county
before the Director submits the report.
Section 62.32. (A) The Director of Job and Family Services
shall continue operations through each of the local public
employment offices described in section 4141.04 of the Revised
Code that exist on the effective date of this section until
thirty
days after submitting the report required by division (B) of this
section.
(B) The Director shall present a detailed report to the
members of the Finance and Appropriations Committee of the House
of Representatives and of the Finance and Financial Institutions
Committee of the Senate on or before October 1, 2001, that
describes the Director's plan to cease the Department of Job and
Family Services operations at the offices described in division
(A) of this section and instead commence operations at telephone
registration centers, mail claims centers, and one-stop employment
centers. The report shall include all of the following
information:
(1) A description of plans to employ personnel for telephone
registration centers and mail claims centers, including plans to
possibly reassign personnel employed at the offices described in
division (A) of this section to the telephone registration
centers, mail claims centers, or one-stop employment centers, and
a description of model plans and actual plans detailing the manner
in which personnel would be employed in each telephone
registration center, mail claims center, or one-stop employment
center;
(2) A fiscal analysis of the impact of the transition,
including all of the following information that is presented in a
manner so that the costs described in division (B)(2)(a) of this
section can be readily compared to the costs described in division
(B)(2)(b) of this section:
(a) The cost of operating the existing offices described in
division (A) of this section, including the costs for
administration, facilities, and employing personnel;
(b) The number of proposed telephone registration centers
and mail claims centers and the projected operational costs of
those centers, including, but not limited to, the cost of
employing personnel for those centers, the administrative overhead
costs of those centers, the initial costs to establish those
centers, the long-term costs of maintaining those centers, and the
cost of renting facilities for those centers, if rental is
necessary.
(3) The estimated cost projections of the initial start-up
costs of transitioning from the existing offices described in
division (A) of this section to the telephone registration
centers, mail claims centers, and one-stop employment centers and
the long-term operational costs of both operating those centers
and assisting in providing personnel to staff the one-stop
employment centers;
(4) Funding projections that clearly indicate the amount of
funding expected from federal, state, and local sources for the
transition, and for maintaining the telephone registration centers
and mail claims centers, and for assisting in providing personnel
to staff the one-stop employment centers, with the amounts from
each source stated separately;
(5) Steps that the Director plans to take to assist local
communities in improving services at one-stop employment centers
so that service to unemployed individuals, other job seekers, and
employers is not interrupted.
(C) It is the intention of the General Assembly that the
Director be strongly encouraged to
negotiate with boards of county
commissioners, local workforce
policy boards, and other interested
local officials in developing
a plan to transfer operations from
the offices described in
division (A) of this section to telephone
registration centers,
mail claims centers, and one-stop employment
centers. It is also
the intention of the General Assembly that
those negotiations
include a process for agreeing to the division
of resources and
the allocation of costs between the Department of
Job and Family
Services, boards of county commissioners, and local
workforce
policy boards.
CHILD AND FAMILY SERVICES ACTIVITIES
Of the foregoing appropriation item 600-427, Child and Family
Services Activities, $10,000 in each fiscal year shall be provided
to the Parmadale Children's Home.
Of the foregoing appropriation item 600-427, Child and Family
Services Activities, $10,000 in each fiscal year shall be provided
to the Berea Children's Home.
Section 62.33. (A) As used in this section:
(1) "Medicaid days"
means all days during which a resident
who is a Medicaid recipient
occupies a bed in a nursing facility
that is included in the
facility's certified capacity under Title
XIX of the "Social
Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.
1396, as amended.
Therapeutic or hospital leave days for which
payment is made under
section 5111.33 of the Revised Code are
considered Medicaid days
proportionate to the percentage of the
nursing facility's per
resident per day rate paid for those days.
(2) "Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(B) Notwithstanding sections 5111.20 to 5111.32 of the
Revised Code, rates paid to nursing facilities under the Medicaid
program shall be subject to the following limitations:
(1) For fiscal year 2002, the mean total per diem rate for
all nursing facilities in the state, weighted by Medicaid days and
calculated
as of July 1, 2001, under sections 5111.20 to 5111.32
of the
Revised Code, shall not exceed $144.99.
(2) For fiscal year 2003, the mean total per diem rate for
all nursing facilities in the state, weighted by Medicaid days and
calculated
as of July 1, 2002, under sections 5111.20 to 5111.32
of the
Revised Code, shall not exceed $154.41, plus any difference
between $144.99 and the mean total per diem rate for all nursing
facilities in the state for fiscal year 2002, weighted by Medicaid
days and
calculated as of July 1, 2001, under sections 5111.20 to
5111.32 of
the Revised Code.
(3) If the mean total per diem rate for all nursing
facilities in the state for fiscal year 2002 or 2003, weighted by
Medicaid days
and calculated under sections 5111.20 to 5111.32 of
the Revised
Code as of the first day of July of the calendar year
in which the
fiscal year begins, exceeds the amount specified for
that fiscal
year in division (B)(1) or (2) of this section, the
Department of
Job and Family Services shall reduce the total per
diem rate for
each nursing facility in the state by a percentage
that is equal to the
percentage by which the mean total per diem
rate exceeds the
amount specified in division (B)(1) or (2) of
this section for
that fiscal year.
(4) Subsequent to any reduction required by division (B)(1),
(2), or (3) of this section, a nursing facility's rate shall be
subject to any adjustments required or authorized by sections
5111.20 to 5111.32 of the Revised Code during the remainder of the
fiscal year.
Section 62.34. (A) Notwithstanding division (Q)(1) of
section
5111.20 of the Revised Code, when calculating indirect
care costs
for the purpose of establishing rates under section
5111.24 or
5111.241 of the Revised Code for fiscal year 2002, "per
diem," as
used in sections 5111.20 to 5111.32 of the Revised Code,
means a
nursing facility's or intermediate care facility for the
mentally
retarded's actual, allowable indirect care costs in the
cost
reporting period divided by the greater of the facility's
inpatient days for that period or the number of inpatient days the
facility would have had during that period if its occupancy rate
had been eighty-two per cent.
(B) Notwithstanding division (Q)(1) of section 5111.20 of
the Revised Code, when calculating indirect care costs for the
purpose of establishing rates under section 5111.24 or 5111.241 of
the Revised Code for fiscal year 2003, "per diem," as used in
sections 5111.20 to 5111.32 of the Revised Code, means a nursing
facility's or intermediate care facility for the mentally
retarded's actual, allowable indirect care costs in the cost
reporting period divided by the greater of the facility's
inpatient days for that period or the number of inpatient days the
facility would have had during that period if its occupancy rate
had been eighty-seven per cent.
(C) Notwithstanding division (Q)(2) of section 5111.20 of
the Revised Code, when calculating capital costs for the purpose
of establishing rates under section 5111.25 or 5111.251 of the
Revised Code for fiscal year 2002, "per diem," as used in sections
5111.20 to 5111.32 of the Revised Code, means a nursing facility's
or intermediate care facility for the mentally retarded's actual,
allowable capital costs in the cost reporting period divided by
the greater of the facility's inpatient days for that period or
the number of inpatient days the facility would have had during
that period if its occupancy rate had been eighty-eight per cent.
(D) Notwithstanding division (Q)(2) of section 5111.20 of
the Revised Code, when calculating capital costs for the purpose
of establishing rates under section 5111.25 or 5111.251 of the
Revised Code for fiscal year 2003, "per diem," as used in sections
5111.20 to 5111.32 of the Revised Code, means a nursing facility's
or intermediate care facility for the mentally retarded's actual,
allowable capital costs in the cost reporting period divided by
the greater of the facility's inpatient days for that period or
the number of inpatient days the facility would have had during
that period if its occupancy rate had been ninety-one per cent.
(E) As soon as practicable, the Department of Job and Family
Services shall follow this section for the purpose of calculating
nursing facilities' and intermediate care facilities for the
mentally retarded's Medicaid reimbursement rates for indirect care
and capital costs for fiscal years 2002 and 2003. If the
Department is unable to calculate the rates before it makes
payments for services provided during fiscal year 2002 or 2003,
the Department shall pay a nursing facility or intermediate care
facility for the mentally retarded the difference between the
amount it pays the facility and the amount that would have been
paid had the Department made the calculation in time.
Section 62.35. NURSING FACILITY STABILIZATION FUND
(A) As used in this section:
(1) "Inpatient days" and "nursing facility" have the same
meanings as in section 5111.20 of the Revised Code.
(2) "Medicaid day" means all days during which a resident
who is a Medicaid recipient occupies a bed in a nursing facility
that is included in the facility's certified capacity under Title
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.
1396, as amended. Therapeutic or hospital leave days for which
payment is made under section 5111.33 of the Revised Code are
considered Medicaid days proportionate to the percentage of the
nursing facility's per resident per day rate paid for those days.
(B) The Department of Job and Family Services shall use
money in the Nursing Facility Stabilization Fund created under
section 3721.56 of the Revised Code to do all of the following:
(1) Make payments to nursing facilities under sections
5111.20 to 5111.32 of the Revised Code to the extent that funds
available in appropriation item 600-525, Health Care/Medicaid, are
insufficient to make those payments;
(2) Make payments to each nursing facility for fiscal years
2002 and 2003 in an amount equal to three fourths of the franchise
permit fee the nursing facility pays under section 3721.53 of the
Revised Code for the fiscal year the department makes the payment
divided by the nursing facility's inpatient days for the calendar
year preceding the calendar year in which that fiscal year begins;
(3) Make payments to each nursing facility for fiscal years
2002 and 2003 in an amount equal to one dollar and fifty cents per
Medicaid day;
(4) Make payments under the Nursing Facility Bed Operating
Rights Buy-Back Program. The Department may not use more than
$15,000,000 to implement that program.
(C) Any money remaining in the Nursing Facility
Stabilization Fund after payments specified in division (B) of
this section are made for fiscal years 2002 and 2003 shall be
retained in
the fund. Any
interest or other investment proceeds
earned on money in the fund
shall be credited to the fund and used
to make payments in
accordance with division (B) of this section.
Section 62.36. NURSING FACILITY BED OPERATING RIGHTS BUY-BACK
PROGRAM
As used in this section, "nursing facility" has the same
meaning as in section 5111.20 of the Revised Code.
The Director of Job and Family Services shall create and
implement a Nursing Facility Bed Operating Rights Buy-Back
Program. Under the program, the Director shall notify nursing
facilities in the areas of the state that the Director determines
have an excess capacity of nursing facility beds that the Director
proposes to purchase the operating rights to a number of nursing
facility beds the Director specifies.
No later than a date the Director specifies, a nursing
facility located in an area of the state that the Director
determines has an excess capacity of nursing facility beds may
submit a sealed bid to the Director. The date that the Director
specifies shall be no more than sixty days after the date the
Director notifies nursing facilities of the proposal to buy the
operating rights of nursing facility beds. To the extent money in
the Nursing Facility Stabilization Fund created under section
3721.56 of the Revised Code is available for the Nursing Facility
Bed Operating Rights Buy-Back Program, the Director shall review
the bids and purchase the operating rights of nursing facility
beds from the lowest bidder or bidders. The Director may decline
to purchase the operating rights of any nursing facility bed if
the lowest bidder asks for more than the maximum per-bed amount,
if any, the Director may establish. The Director shall not
purchase the operating rights to more nursing facility beds than
the Director specified in its notice to the nursing facilities.
A nursing facility that has sold the operating rights to a
nursing facility bed under this section may not include that bed
or costs associated with the bed in a cost report filed under
section 5111.26 or 5111.27 of the Revised Code. The facility
shall file with the Director an amended cost report for the
calendar year preceding the year the Director purchases the
operating rights. In the amended cost report, the nursing
facility shall subtract the bed and costs associated with the bed
from the previous cost report for that calendar year. The
Director shall use the amended cost report to revise the nursing
facility's rates under sections 5111.20 to 5111.32 of the Revised
Code for the fiscal year in which the operating rights are
purchased.
No action taken pursuant to the Nursing Facility Bed
Operating Rights Buy-Back Program is a reviewable activity under
sections 3702.51 to 3702.62 of the Revised Code.
Section 63. JCO JUDICIAL CONFERENCE OF OHIO
GRF |
018-321 |
|
Operating Expenses |
|
$ |
1,110,240 |
|
$ |
1,141,327 |
TOTAL GRF General Revenue Fund |
|
$ |
1,110,240 |
|
$ |
1,141,327 |
General Services Fund Group
403 |
018-601 |
|
Ohio Jury Instructions |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services Fund Group |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,310,240 |
|
$ |
1,341,327 |
STATE COUNCIL OF UNIFORM STATE LAWS
Notwithstanding section 105.26 of the Revised Code, of the
foregoing appropriation item 018-321, Operating Expenses, up to
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003
may be used to pay the expenses of the State Council of Uniform
State Laws, including membership dues to the National Conference
of Commissioners on Uniform State Laws.
OHIO JURY INSTRUCTIONS FUND
The Ohio Jury Instructions Fund (Fund 403) shall consist of
grants, royalties, dues, conference fees, bequests, devises, and
other gifts received for the purpose of supporting costs incurred
by the Judicial Conference of Ohio in dispensing education and
informational data to the state's judicial system. Fund
403 shall
be used by the Judicial Conference of Ohio to pay
expenses
incurred in dispensing educational and informational
data to the
state's judicial system. All moneys accruing
to Fund 403 in
excess of $200,000 in fiscal year 2002 and in
excess of $200,000
in fiscal year 2003 are hereby appropriated
for the purposes
authorized.
No money in the Ohio Jury Instructions Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board.
Section 64. JSC THE JUDICIARY/SUPREME COURT
GRF |
005-321 |
|
Operating Expenses - Judiciary/Supreme Court |
|
$ |
98,524,655 |
|
$ |
103,540,214 |
GRF |
005-401 |
|
State Criminal Sentencing Council |
|
$ |
294,096 |
|
$ |
304,881 |
GRF |
005-406 |
|
Law-Related Education |
|
$ |
200,802 |
|
$ |
206,826 |
GRF |
005-502 |
|
Commission for Legal Education Opportunity |
|
$ |
0 |
|
$ |
657,600 |
TOTAL GRF General Revenue Fund |
|
$ |
99,019,553 |
|
$ |
104,709,521 |
General Services Fund Group
672 |
005-601 |
|
Continuing Judicial Education |
|
$ |
235,000 |
|
$ |
265,000 |
TOTAL GSF General Services Fund Group |
|
$ |
235,000 |
|
$ |
265,000 |
State Special Revenue Fund Group
4C8 |
005-605 |
|
Attorney Registration |
|
$ |
1,971,100 |
|
$ |
2,030,233 |
6A8 |
005-606 |
|
Supreme Court Admissions |
|
$ |
1,042,536 |
|
$ |
1,089,111 |
643 |
005-607 |
|
Commission on Continuing Legal Education |
|
$ |
573,268 |
|
$ |
590,016 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
3,586,904 |
|
$ |
3,709,360 |
Federal Special Revenue Fund Group
3J0 |
005-603 |
|
Federal Grants |
|
$ |
1,093,306 |
|
$ |
964,484 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,093,306 |
|
$ |
964,484 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
103,934,763 |
|
$ |
109,648,365 |
The foregoing appropriation item 005-406, Law-Related
Education, shall be
distributed directly to the Ohio Center for
Law-Related Education for the
purposes of providing continuing
citizenship education activities to primary
and secondary
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and
private
money for new programs.
OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY
The foregoing appropriation item 005-502, Commission for
Legal Education Opportunity, shall be used to fund the activities
of the Commission for Legal Education Opportunity created by the
Chief Justice of the Supreme Court of Ohio for the purpose of
assisting minority, low-income, and educationally disadvantaged
college graduates in the transition to legal education. Moneys
appropriated to the Commission for Legal Education Opportunity may
be used to establish and provide an intensive course of study
designed to prepare eligible college graduates for law school
education, provide annual stipends for students who successfully
complete the course of study and are admitted to and maintain
satisfactory academic standing in an Ohio law school, and pay the
administrative costs associated with the program.
CONTINUING JUDICIAL EDUCATION
The Continuing Judicial Education Fund (Fund 672) shall
consist
of fees
paid by judges and court personnel for attending
continuing education courses
and
other gifts and grants received
for the purpose of continuing judicial
education. The foregoing
appropriation item 005-601, Continuing
Judicial Education, shall
be used to pay expenses for continuing
education courses for
judges and court personnel.
No money in the Continuing Judicial Education Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board. Interest earned on moneys
in
the Continuing Judicial Education Fund shall be credited to
the
fund.
In addition to funding other activities considered
appropriate by the Supreme
Court, the foregoing appropriation item
005-605, Attorney Registration, may be
used to compensate
employees and fund the appropriate activities of the
following
offices established by the Supreme Court pursuant to the Rules for
the Government of the Bar of Ohio: the Office of Disciplinary
Counsel, the
Board of Commissioners on Grievances and Discipline,
the Clients' Security
Fund, the Board of Commissioners on the
Unauthorized Practice of Law, and the
Office of Attorney
Registration.
No moneys in the Attorney Registration Fund shall be
transferred to any other
fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Attorney Registration Fund shall be credited
to the fund.
The foregoing appropriation item 005-606, Supreme Court
Admissions, shall be
used to compensate Supreme Court employees
who are primarily responsible for
administering the attorney
admissions program, pursuant to the Rules for the
Government of
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the
Supreme Court
Admissions Fund (Fund 6A8) pursuant to the Supreme
Court Rules for the
Government of the Bar of Ohio.
No moneys in the Supreme Court Admissions Fund shall be
transferred to any
other fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Supreme Court Admissions Fund shall be
credited to the fund.
CONTINUING LEGAL EDUCATION
The foregoing appropriation item 005-607, Commission on
Continuing Legal
Education, shall be used to compensate employees
of the Commission on
Continuing Legal Education, established
pursuant to the Supreme Court Rules
for the Government of the Bar
of Ohio, and to fund other activities of the
commission considered
appropriate by the court.
No moneys in the Continuing Legal Education Fund shall be
transferred to any
other fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Continuing Legal Education Fund shall be
credited to the fund.
The Federal Miscellaneous Fund (3J0) shall consist of grants
and other moneys
awarded to the Supreme Court of Ohio (The
Judiciary) by the United States
Government, the State Justice
Institute, or other entities that receive the
moneys directly from
the United States Government or the State Justice
Institute and
distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal
Grants,
shall be used in a manner consistent with the purpose of
the grant or award.
No money in the Federal Miscellaneous Fund shall be
transferred to any other
fund by the Director of Budget and
Management or the Controlling Board.
However, interest earned on
moneys in the Federal Miscellaneous Fund shall be credited or
transferred to the General Revenue
Fund.
Section 65. LEC LAKE ERIE COMMISSION
State Special Revenue Fund Group
4C0 |
780-601 |
|
Lake Erie Protection Fund |
|
$ |
1,044,854 |
|
$ |
1,070,975 |
5D8 |
780-602 |
|
Lake Erie Resources Fund |
|
$ |
661,009 |
|
$ |
689,004 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,705,863 |
|
$ |
1,759,979 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,705,863 |
|
$ |
1,759,979 |
Not later than the thirtieth day of November of each fiscal
year, the
Executive Director of the Ohio
Lake Erie Office, with
the approval
of the Lake Erie Commission, shall certify to
the
Director of Budget and
Management the cash balance in the Lake
Erie Resources
Fund (Fund
5D8) in excess of
amounts needed to meet
operating expenses of the Lake Erie Office. The Ohio Lake Erie
Office may request the Director of Budget and Management to
transfer up to the certified amount from the Lake Erie Resources
Fund (Fund 5D8) to the Lake Erie Protection
Fund (Fund 4C0). The
Director of Budget and Management may
transfer the requested
amount, or the Director may transfer a
different amount up to the
certified amount. Cash transferred
shall be
used for the
purposes
described in division (A) of
section 1506.23
of the
Revised Code.
The amount transferred by
the director is
appropriated to the
foregoing appropriation item
780-601, Lake
Erie Protection Fund,
which shall be increased by
the amount
transferred.
Section 66. LRS LEGAL RIGHTS SERVICE
GRF |
054-100 |
|
Personal Services |
|
$ |
274,718 |
|
$ |
269,974 |
GRF |
054-200 |
|
Maintenance |
|
$ |
45,278 |
|
$ |
46,184 |
GRF |
054-300 |
|
Equipment |
|
$ |
2,476 |
|
$ |
2,526 |
GRF |
054-401 |
|
Ombudsman |
|
$ |
321,769 |
|
$ |
318,491 |
TOTAL GRF General Revenue Fund |
|
$ |
644,241 |
|
$ |
637,175 |
General Services Fund Group
416 |
054-601 |
|
Gifts and Donations |
|
$ |
1,319 |
|
$ |
1,352 |
5M0 |
054-610 |
|
Settlements |
|
$ |
75,000 |
|
$ |
75,000 |
524 |
054-608 |
|
Traumatic Brain Injury |
|
$ |
21,550 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
97,869 |
|
$ |
76,352 |
Federal Special Revenue Fund Group
3B8 |
054-603 |
|
Protection and Advocacy - Mentally Ill |
|
$ |
810,314 |
|
$ |
810,314 |
3N3 |
054-606 |
|
Protection and Advocacy - Individual Rights |
|
$ |
468,445 |
|
$ |
468,445 |
3N9 |
054-607 |
|
Assistive Technology |
|
$ |
50,000 |
|
$ |
50,000 |
3R9 |
054-604 |
|
Family Support Collaborative |
|
$ |
242,500 |
|
$ |
242,500 |
3T2 |
054-609 |
|
Client Assistance Program |
|
$ |
406,772 |
|
$ |
406,772 |
305 |
054-602 |
|
Protection and Advocacy - Developmentally Disabled |
|
$ |
1,068,109 |
|
$ |
1,068,109 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,046,140 |
|
$ |
3,046,140 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,788,250 |
|
$ |
3,759,667 |
Section 67. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
GRF |
028-321 |
|
Legislative Ethics Committee |
|
$ |
589,000 |
|
$ |
612,000 |
TOTAL GRF General Revenue Fund |
|
$ |
589,000 |
|
$ |
612,000 |
State Special Revenue Fund Group
4G7 |
028-601 |
|
Joint Legislative Ethics Committee |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL SSR State Special Revenue Fund |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
639,000 |
|
$ |
662,000 |
Section 68. LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035-321 |
|
Operating Expenses |
|
$ |
13,325,000 |
|
$ |
14,470,000 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
953,500 |
|
$ |
993,500 |
GRF |
035-404 |
|
Legislative Office of Education Oversight |
|
$ |
1,192,146 |
|
$ |
1,239,832 |
GRF |
035-406 |
|
ATMS Replacement Project |
|
$ |
90,000 |
|
$ |
90,000 |
GRF |
035-407 |
|
Legislative Task Force on Redistricting |
|
$ |
2,000,000 |
|
$ |
0 |
GRF |
035-409 |
|
National Associations |
|
$ |
417,906 |
|
$ |
427,381 |
GRF |
035-410 |
|
Legislative Information Systems |
|
$ |
4,343,000 |
|
$ |
4,690,000 |
TOTAL GRF General Revenue Fund |
|
$ |
22,321,552 |
|
$ |
21,910,713 |
General Services Fund Group
4F6 |
035-603 |
|
Legislative Budget Services |
|
$ |
140,000 |
|
$ |
145,000 |
410 |
035-601 |
|
Sale of Publications |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
165,000 |
|
$ |
170,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,486,552 |
|
$ |
22,080,713 |
On or before August 1, 2001, the Director of Budget and
Management shall determine and certify to the Director of the
Legislative Service Commission the total amount of unexpended,
unobligated appropriations made to the Commission for fiscal year
2001 in appropriation items 035-321 and 035-403. Additional
appropriation authority equal to the amount certified by the
Director of Budget and Management to the Director of the
Legislative Service Commission, not to exceed $500,000, is hereby
appropriated to appropriation item 035-321 Operating Expenses, for
fiscal year 2002.
Of the foregoing appropriation item 035-406, ATMS
Replacement
Project, any amounts not used for the ATMS project
may be used to
pay the operating expenses of the Legislative
Service Commission.
LEGISLATIVE TASK FORCE ON REDISTRICTING
On or before August 1, 2001, the Director of Budget and
Management shall determine and certify to the Director of the
Legislative Service Commission the total amount of unexpended,
unobligated appropriations made to the Commission for fiscal year
2001 in appropriation item 035-407, Legislative Task Force on
Redistricting. Additional appropriation authority equal to the
amount certified by the Director of Budget and Management to the
Director of the Legislative Service Commission is hereby
appropriated to appropriation item 035-407, Legislative Task Force
on Redistricting, for fiscal year 2002.
Of the foregoing appropriation item 035-409, National
Associations, $10,000 in each fiscal year
shall be used for the
State and Local Legal Center.
LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT
The foregoing appropriation item 035-404, Legislative
Office
of Education Oversight, shall be used to support the
legislative
oversight activities of the Legislative Committee on
Education
Oversight established in section 3301.68 of the Revised
Code.
Section 69. LIB STATE LIBRARY BOARD
GRF |
350-321 |
|
Operating Expenses |
|
$ |
7,645,422 |
|
$ |
7,969,585 |
GRF |
350-401 |
|
Ohioana Rental
Payments |
|
$ |
120,972 |
|
$ |
120,972 |
GRF |
350-501 |
|
Cincinnati Public Library |
|
$ |
758,699 |
|
$ |
753,594 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,792,357 |
|
$ |
1,780,093 |
GRF |
350-503 |
|
Cleveland Public Library |
|
$ |
1,141,234 |
|
$ |
1,133,512 |
TOTAL GRF General Revenue Fund |
|
$ |
11,458,684 |
|
$ |
11,757,756 |
General Services Fund Group
139 |
350-602 |
|
Intra-Agency Service Charges |
|
$ |
14,148 |
|
$ |
14,502 |
4S4 |
350-604 |
|
OPLIN Technology |
|
$ |
7,661,095 |
|
$ |
7,777,962 |
459 |
350-602 |
|
Interlibrary Service Charges |
|
$ |
845,896 |
|
$ |
1,239,661 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,521,139 |
|
$ |
9,032,125 |
Federal Special Revenue Fund Group
313 |
350-601 |
|
LSTA Federal |
|
$ |
5,241,306 |
|
$ |
5,241,306 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,241,306 |
|
$ |
5,241,306 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
25,221,129 |
|
$ |
26,031,187 |
The foregoing appropriation item 350-401, Ohioana Rental
Payments, shall be used to pay the rental expenses of the
Martha
Kinney Cooper Ohioana
Library Association pursuant to section
3375.61 of the Revised Code.
The foregoing appropriation item 350-502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under section 3375.90 of the Revised Code.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
The foregoing appropriation item 350-604, OPLIN Technology,
shall be
used for an information
telecommunications network
linking public
libraries in the state
and such
others as may be
certified as
participants by the Ohio
Public Library
Information
Network Board.
The Ohio Public Library Information
Network Board
shall
consist of eleven members appointed by
the State Library Board
from among the staff of public libraries and past and
present
members of boards of
trustees of public libraries, based on the
recommendations
of the Ohio library community. The Ohio Public
Library
Information Network Board in consultation with the State
Library
shall develop a plan of operations for the network. The
Board shall have the
authority to make decisions regarding the use
of the foregoing appropriation
item 350-604, OPLIN Technology,
and
to receive
and expend grants to carry out
the
operations of the
network in
accordance with state law and the
authority to
appoint
and fix the
compensation of a director and
necessary staff. The
State
Library
will be the fiscal agent for
the network and shall
have
fiscal
accountability for the
expenditure of funds. The Ohio
Public
Library
Information Network
Board members shall be
reimbursed for
actual travel and
necessary
expenses incurred in
the carrying out
of their responsibilities.
In order to limit access to obscene and illegal materials
through
internet use at Ohio Public Library Information Network
(OPLIN)
terminals,
local libraries with OPLIN computer terminals
shall adopt policies
that
control access to obscene and illegal
materials. These policies may include
use of
technological
systems to select or block
certain internet access. The OPLIN
shall condition provision of its funds, goods, and services on
compliance
with these policies. The OPLIN board shall also adopt
and
communicate specific recommendations to local libraries on
methods to control
such improper usage. These methods may include
each library implementing a
written policy
controlling such
improper use of library terminals and requirements for
parental
involvement or written authorization for juvenile internet usage.
The OPLIN board shall research and assist or advise local
libraries
with
emerging technologies and methods that may be
effective means to control
access to
obscene and illegal
materials. The
OPLIN Executive Director shall biannually provide
written
reports to the
Governor, the Speaker and Minority Leader
of the House of
Representatives, and the President and Minority
Leader of the
Senate on any
steps being taken by
OPLIN and public
libraries in
this state to limit and control such
improper
usage
as
well as
information on technological, legal, and law
enforcement trends
nationally and internationally affecting this
area of public
access and
service.
The Ohio Public Library Information Network, InfOhio, and
OhioLink shall, to
the extent feasible, coordinate and cooperate
in their purchase or other
acquisition of the use of electronic
databases for their respective users and
shall contribute funds in
an equitable manner to such effort.
TRANSFER TO OPLIN TECHNOLOGY FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised
Code and any other provision of law to the contrary, in accordance
with a schedule established by the Director of Budget and
Management, (A) in fiscal year 2002, the Director of Budget and
Management shall transfer $6,361,095 from the Library and Local
Government Support Fund (Fund 065) to the OPLIN Technology Fund
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget
and Management shall transfer $6,477,962 from the Library and
Local Government Support Fund (Fund 065) to the OPLIN Technology
Fund (Fund 4S4).
Section 70. LCO LIQUOR CONTROL COMMISSION
Liquor Control Fund Group
043 |
970-321 |
|
Operating Expenses |
|
$ |
738,135 |
|
$ |
756,472 |
TOTAL LCF Liquor Control Fund Group |
|
$ |
738,135 |
|
$ |
756,472 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
738,135 |
|
$ |
756,472 |
Section 71. LOT STATE LOTTERY COMMISSION
044 |
950-100 |
|
Personal Services |
|
$ |
23,990,502 |
|
$ |
25,164,204 |
044 |
950-200 |
|
Maintenance |
|
$ |
24,167,162 |
|
$ |
24,698,840 |
044 |
950-300 |
|
Equipment |
|
$ |
4,131,719 |
|
$ |
3,664,576 |
044 |
950-402 |
|
Game and Advertising Contracts |
|
$ |
64,913,869 |
|
$ |
64,624,331 |
044 |
950-601 |
|
Prizes, Bonuses, and Commissions |
|
$ |
136,371,980 |
|
$ |
132,532,125 |
871 |
950-602 |
|
Annuity Prizes |
|
$ |
185,454,636 |
|
$ |
188,275,991 |
872 |
950-603 |
|
Unclaimed Prize Awards |
|
$ |
13,093,114 |
|
$ |
13,354,976 |
TOTAL SLF State Lottery Fund |
|
|
|
|
|
|
Group |
|
$ |
452,122,982 |
|
$ |
452,315,043 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
452,122,982 |
|
$ |
452,315,043 |
The foregoing appropriation items include all amounts
necessary for the purchase and printing of tickets, consultant
services, and advertising. The Controlling Board may, at the
request of the State Lottery Commission, authorize additional
appropriations for operating expenses of the State Lottery
Commission from the State Lottery Fund up to a maximum of 15 per
cent of anticipated total revenue accruing from the sale of
lottery tickets.
PRIZES, BONUSES, AND COMMISSIONS
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-601, Prizes, Bonuses, and
Commissions,
that
are determined by the Director of the State Lottery
Commission to
be necessary
to fund prizes, bonuses, and
commissions are
appropriated.
With the approval of the Office of Budget and Management,
the
State Lottery Commission shall transfer cash from the State
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund
(Fund 871) in
an amount sufficient to fund deferred prizes. The
Treasurer of State, from time to time, shall credit the Deferred
Prizes Trust Fund
(Fund 871) the pro rata share of interest earned
by the Treasurer
of State on invested balances.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-602, Annuity Prizes,
that are determined
by
the Director of the State Lottery Commission to be
necessary
to
fund deferred prizes and interest earnings are
appropriated.
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND
The Ohio Lottery Commission shall transfer an amount greater
than or equal to $633,722,100 in fiscal year 2002 and $621,722,600
in fiscal year 2003 to the Lottery Profits Education Fund.
Transfers from the Commission to the Lottery Profits Education
Fund shall represent the estimated net income from operations for
the Commission and may be supplemented by transfers from the
Unclaimed Prizes Fund at any time in fiscal year 2002 or fiscal
year 2003. Transfers by the Commission to the Lottery Profits
Education Fund shall be administered in accordance with and
pursuant to the Revised Code.
Section 72. MED STATE MEDICAL BOARD
General Services Fund Group
5C6 |
883-609 |
|
State Medical Board Operating |
|
$ |
6,344,740 |
|
$ |
6,728,301 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
6,344,740 |
|
$ |
6,728,301 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,344,740 |
|
$ |
6,728,301 |
Section 73. DMH DEPARTMENT OF MENTAL HEALTH
Division of General Administration Intragovernmental Service Fund
Group
151 |
235-601 |
|
General Administration |
|
$ |
76,095,310 |
|
$ |
78,181,973 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
76,095,310 |
|
$ |
78,181,973 |
Division of Mental Health--Psychiatric Services to Correctional Facilities
GRF |
332-401 |
|
Forensic Services |
|
$ |
4,259,513 |
|
$ |
4,338,858 |
TOTAL GRF General Revenue Fund |
|
$ |
4,259,513 |
|
$ |
4,338,858 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
80,354,823 |
|
$ |
82,520,831 |
The foregoing appropriation item 322-401, Forensic Services,
shall be used to
provide psychiatric
services to courts of common
pleas. The appropriation
shall be allocated through community
mental health boards to
certified community agencies and shall be
distributed according
to the criteria delineated in rule
5122:4-1-01 of the
Administrative Code. These community forensic
funds may also be
used to provide forensic training to community
mental health
boards and to forensic psychiatry residency programs
in hospitals operated by
the Department of Mental Health and to
provide evaluations of patients of
forensic status
in facilities
operated by the Department of Mental Health prior
to conditional
release to the community.
In addition, appropriation item 332-401, Forensic Services,
may be used to
support projects involving mental health, substance
abuse,
courts,
and law enforcement to identify and develop
appropriate
alternative services to institutionalization for
nonviolent
mentally ill offenders, and to provide linkage to
community
services for
severely mentally disabled offenders
released from
institutions
operated by
the
Department of
Rehabilitation and
Correction. Funds may also be
utilized to
provide forensic
monitoring and tracking in addition to community
programs
serving
persons of forensic status on conditional release
or
probation.
Division of Mental Health--Administration and Statewide Programs
GRF |
333-100 |
|
Personal Services - Central Administration |
|
$ |
17,024,323 |
|
$ |
16,807,353 |
GRF |
333-200 |
|
Maintenance - Central Administration |
|
$ |
2,276,155 |
|
$ |
2,318,555 |
GRF |
333-300 |
|
Equipment - Central Administration |
|
$ |
490,894 |
|
$ |
500,038 |
GRF |
333-402 |
|
Resident Trainees |
|
$ |
1,472,858 |
|
$ |
1,500,294 |
GRF |
333-403 |
|
Pre-Admission Screening Expenses |
|
$ |
638,246 |
|
$ |
650,135 |
GRF |
333-415 |
|
Lease-Rental Payments |
|
$ |
24,754,900 |
|
$ |
26,275,300 |
GRF |
333-416 |
|
Research Program Evaluation |
|
$ |
956,224 |
|
$ |
972,178 |
TOTAL GRF General Revenue Fund |
|
$ |
47,613,600 |
|
$ |
49,023,853 |
General Services Fund Group
149 |
333-609 |
|
Central Office Rotary - Operating |
|
$ |
2,013,823 |
|
$ |
2,037,918 |
TOTAL General Services Fund Group |
|
$ |
2,013,823 |
|
$ |
2,037,918 |
Federal Special Revenue Fund Group
3A7 |
333-612 |
|
Social Services Block Grant |
|
$ |
25,000 |
|
$ |
25,000 |
3A8 |
333-613 |
|
Federal Grant - Administration |
|
$ |
87,000 |
|
$ |
58,000 |
3A9 |
333-614 |
|
Mental Health Block Grant |
|
$ |
642,264 |
|
$ |
642,264 |
3B1 |
333-635 |
|
Community Medicaid Expansion |
|
$ |
6,550,000 |
|
$ |
5,550,000 |
324 |
333-605 |
|
Medicaid/Medicare |
|
$ |
379,009 |
|
$ |
375,219 |
TOTAL Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,683,273 |
|
$ |
6,650,483 |
State Special Revenue Fund Group
4X5 |
333-607 |
|
Behavioral Health Medicaid Services |
|
$ |
2,759,400 |
|
$ |
2,828,385 |
485 |
333-632 |
|
Mental Health Operating |
|
$ |
130,959 |
|
$ |
134,233 |
5M2 |
333-602 |
|
PWLC Campus Improvement |
|
$ |
1,000,000 |
|
$ |
0 |
TOTAL State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,890,359 |
|
$ |
2,962,618 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
61,201,055 |
|
$ |
60,674,872 |
RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333-402, Resident Trainees,
shall be used to fund training agreements entered into by the
Department of
Mental Health for the development of curricula and
the provision of training
programs to support public mental health
services.
PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333-403, Pre-Admission
Screening
Expenses, shall be used to pay
for costs to ensure that
uniform statewide methods for pre-admission screening
are in place
to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in
another
inpatient
facility is sought. Pre-admission screening
includes the following
activities: pre-admission assessment,
consideration of continued stay
requests, discharge planning and
referral, and adjudication of appeals and
grievance procedures.
RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION
The foregoing appropriation item 333-415, Lease-Rental
Payments, shall
be used to meet
all payments at the times they are
required to be made during the
period from July 1, 2001, to June
30, 2003, by the Department of
Mental Health
pursuant
to leases
and agreements made under section 154.20 of the Revised
Code, but
limited to the aggregate amount of
$51,030,200. Nothing in this
act shall be deemed to contravene
the obligation of the state to
pay, without necessity for further
appropriation, from the sources
pledged thereto, the bond service
charges on obligations issued
pursuant to section 154.20 of the
Revised Code.
Section 73.01. DIVISION OF MENTAL HEALTH - HOSPITALS
GRF |
334-408 |
|
Community and Hospital Mental Health Services |
|
$ |
356,469,071 |
|
$ |
352,719,838 |
GRF |
334-506 |
|
Court Costs |
|
$ |
958,791 |
|
$ |
976,652 |
TOTAL GRF General Revenue Fund |
|
$ |
357,427,862 |
|
$ |
353,696,490 |
General Services Fund Group
149 |
334-609 |
|
Hospital Rotary - Operating Expenses |
|
$ |
10,451,492 |
|
$ |
10,451,492 |
150 |
334-620 |
|
Special Education |
|
$ |
152,500 |
|
$ |
152,500 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
10,603,992 |
|
$ |
10,603,992 |
Federal Special Revenue Fund Group
3A8 |
334-613 |
|
Federal Letter of Credit |
|
$ |
9,000 |
|
$ |
0 |
3B0 |
334-617 |
|
Elementary and Secondary Education Act |
|
$ |
202,774 |
|
$ |
214,340 |
3B1 |
334-635 |
|
Hospital Medicaid Expansion |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
324 |
334-605 |
|
Medicaid/Medicare |
|
$ |
8,791,748 |
|
$ |
9,043,700 |
5L2 |
334-619 |
|
Health Foundation/Greater Cincinnati |
|
$ |
131,600 |
|
$ |
94,869 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
11,135,122 |
|
$ |
11,352,909 |
State Special Revenue Fund Group
485 |
334-632 |
|
Mental Health Operating |
|
$ |
1,991,448 |
|
$ |
1,989,912 |
692 |
334-636 |
|
Community Mental Health Board Risk Fund |
|
$ |
361,323 |
|
$ |
370,356 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,352,771 |
|
$ |
2,360,268 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
381,519,747 |
|
$ |
378,013,659 |
COMMUNITY MENTAL HEALTH BOARD RISK FUND
The foregoing appropriation item 334-636, Community Mental
Health Board Risk
Fund, shall
be used to make payments pursuant to
section 5119.62 of the
Revised Code.
Section 73.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT
SERVICES
GRF |
335-419 |
|
Community Medication Subsidy |
|
$ |
7,682,295 |
|
$ |
7,701,549 |
GRF |
335-502 |
|
Community Mental Health Programs |
|
$ |
38,166,674 |
|
$ |
38,166,674 |
GRF |
335-508 |
|
Services for Severely Mentally Disabled |
|
$ |
60,405,135 |
|
$ |
60,905,135 |
TOTAL GRF General Revenue Fund |
|
$ |
106,254,104 |
|
$ |
106,773,358 |
General Services Fund Group
4N8 |
335-606 |
|
Family Stability Incentive |
|
$ |
7,460,600 |
|
$ |
7,647,115 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,460,600 |
|
$ |
7,647,115 |
Federal Special Revenue Fund Group
3A7 |
335-612 |
|
Social Services Block Grant |
|
$ |
9,314,108 |
|
$ |
9,314,108 |
3A8 |
335-613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
960,000 |
|
$ |
960,000 |
3A9 |
335-614 |
|
Mental Health Block Grant |
|
$ |
12,754,654 |
|
$ |
12,737,654 |
3B1 |
335-635 |
|
Community Medicaid Expansion |
|
$ |
157,480,000 |
|
$ |
165,355,000 |
State Special Revenue Fund Group
632 |
335-616 |
|
Community Capital Replacement |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
180,508,762 |
|
$ |
188,366,762 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
294,473,466 |
|
$ |
303,037,235 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
515,555,079 |
|
$ |
513,832,559 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
20,078,415 |
|
$ |
20,289,025 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE |
|
|
|
|
|
|
FUND GROUP |
|
$ |
199,327,157 |
|
$ |
206,370,154 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
6,493,130 |
|
$ |
5,572,886 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
INTRAGOVERNMENTAL FUND GROUP |
|
$ |
76,095,310 |
|
$ |
78,181,973 |
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
817,549,091 |
|
$ |
824,246,597 |
Section 73.03. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335-419, Community
Medication Subsidy, shall be used to provide subsidized support
for psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack
of
medication and to provide subsidized support for methadone
costs.
GENERAL COMMUNITY MENTAL HEALTH PROGRAMS
The foregoing appropriation item 335-502, Community Mental
Health Programs, shall be distributed by the Department of
Mental
Health on a per capita basis to community mental health
boards.
The purpose of the appropriation is to provide
subsidized
support for general mental health services to Ohioans.
The
range
of mental health services eligible for funding shall be
defined in
a Department of Mental Health rule.
Community mental health
boards shall allocate funds in support
of
these services in
accordance with the mental health needs of
the
community.
MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS
The foregoing appropriation item 335-508, Services for
Severely Mentally Disabled, shall be used to fund mental
health
services for adults and children who meet or have
formerly met
criteria established by the Department of Mental
Health under its
definition of severely mentally disabled. Those
adults and
children who constitute severely mentally
disabled include
those
with a history of recent or chronic
psychiatric
hospitalizations,
a history of psychosis, a
prognosis of continued
severe social and
adaptive functioning
impairment, or those
certified impaired by
the Social Security
Administration for
reasons of mental illness.
In addition to the
above, children and
adolescents who are
currently determined to
be severely mentally
disabled, or who are
at risk of becoming
severely mental disabled,
and who are already
in or about to
enter the juvenile justice
system, or child welfare
system, or
receiving special education
services within the
education system
may also receive services
funded by appropriation
item
335-508, Services for Severely
Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for
Severely Mentally
Disabled, $100,000 in each fiscal year shall be
used to fund family and
consumer education and support.
Of the foregoing appropriation item 335-508,
Services for
Severely Mentally Disabled, $2.7 million in each fiscal
year shall
be used to transfer cash from the General Revenue Fund to Fund
4N8, Family Stability Incentive. This transfer shall be made
using an
intrastate transfer voucher.
MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS
Any cash transferred for juvenile offenders projects from the
Department of Youth Services, the Department of Job and Family
Services, the Office of Criminal Justice Services, or other state
agencies to the Department of Mental Health (Fund 149) shall be
used by the Department of Mental Health to fund local mental
health services to juvenile offenders projects that are designed
to address the mental health needs of juvenile offenders with
serious mental illness.
BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid Services
as delegated by the Department of Job and Family
Services
in an interagency agreement.
The foregoing appropriation
item
333-607, Behavioral Health Medicaid
Services, may be used to
make
payments for free-standing
psychiatric hospital inpatient
services
as defined in an
interagency agreement with the
Department of
Job and Family Services.
Section 74. DMR DEPARTMENT OF MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIESSection 74.01. GENERAL ADMINISTRATION AND STATEWIDE
SERVICES
GRF |
320-321 |
|
Central Administration |
|
$ |
11,001,218 |
|
$ |
11,361,253 |
GRF |
320-411 |
|
Special Olympics |
|
$ |
200,000 |
|
$ |
200,000 |
GRF |
320-412 |
|
Protective Services |
|
$ |
1,402,498 |
|
$ |
1,502,150 |
GRF |
320-415 |
|
Lease-Rental Payments |
|
$ |
24,754,900 |
|
$ |
26,275,300 |
TOTAL GRF General Revenue Fund |
|
$ |
37,358,616 |
|
$ |
39,338,703 |
General Services Fund Group
4B5 |
320-640 |
|
Conference/Training |
|
$ |
826,463 |
|
$ |
864,496 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
826,463 |
|
$ |
864,496 |
Federal Special Revenue Fund Group
3A4 |
320-605 |
|
Administrative Support |
|
$ |
11,964,698 |
|
$ |
12,492,892 |
3A5 |
320-613 |
|
DD Council Operating
|
|
$ |
992,486 |
|
$ |
992,486 |
|
|
|
Expenses |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,957,184 |
|
$ |
13,485,378 |
TOTAL ALL GENERAL ADMINISTRATION |
|
|
|
|
|
|
AND STATEWIDE SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
51,142,263 |
|
$ |
53,688,577 |
The foregoing appropriation item 320-415,
Lease-Rental
Payments,
shall be used to meet
all payments at the times they are
required to be made during the
period from July 1, 2001, to June
30, 2003, by the Department of
Mental Retardation and
Developmental Disabilities pursuant to leases and
agreements
made
under section 154.20 of the Revised Code, but limited to the
aggregate amount of $51,030,200. Nothing in this act shall be
deemed to contravene the obligation of the state to pay, without
necessity for further appropriation, from the sources pledged
thereto, the bond service charges on obligations issued pursuant
to section 154.20 of the Revised Code.
Section 74.02. COMMUNITY SERVICES
GRF |
322-405 |
|
State Use Program |
|
$ |
264,685 |
|
$ |
264,685 |
GRF |
322-413 |
|
Residential and Support
|
|
$ |
155,168,317 |
|
$ |
165,289,811 |
|
|
|
Services |
|
|
|
|
|
|
GRF |
322-451 |
|
Family Support
Services |
|
$ |
7,975,870 |
|
$ |
7,975,870 |
GRF |
322-452 |
|
Case Management |
|
$ |
8,984,491 |
|
$ |
9,874,628 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
45,366,297 |
|
$ |
46,817,644 |
TOTAL GRF General Revenue Fund |
|
$ |
217,759,660 |
|
$ |
230,222,638 |
General Services Fund Group
4J6 |
322-645 |
|
Intersystem Services for
|
|
$ |
5,000,000 |
|
$ |
5,000,000 |
|
|
|
Children |
|
|
|
|
|
|
4U4 |
322-606 |
|
Community MR and DD Trust |
|
$ |
125,000 |
|
$ |
131,250 |
4V1 |
322-611 |
|
Program Support |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
488 |
322-603 |
|
Residential Services
|
|
$ |
2,499,188 |
|
$ |
2,499,188 |
|
|
|
Refund |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,624,188 |
|
$ |
9,630,438 |
Federal Special Revenue Fund Group
3A4 |
322-605 |
|
Community Program Support |
|
$ |
3,024,047 |
|
$ |
3,326,452 |
3A4 |
322-610 |
|
Community Residential
|
|
$ |
5,924,858 |
|
$ |
5,924,858 |
|
|
|
Support |
|
|
|
|
|
|
3A5 |
322-613 |
|
DD Council Grants |
|
$ |
3,358,290 |
|
$ |
3,358,290 |
3G6 |
322-639 |
|
Medicaid Waiver |
|
$ |
148,304,949 |
|
$ |
151,754,169 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
163,747,903 |
|
$ |
172,568,939 |
325 |
322-608 |
|
Federal Grants -
|
|
$ |
1,360,000 |
|
$ |
1,360,000 |
|
|
|
Operating Expenses |
|
|
|
|
|
|
325 |
322-612 |
|
Social Service Block
|
|
$ |
11,500,000 |
|
$ |
11,500,000 |
|
|
|
Grant |
|
|
|
|
|
|
325 |
322-617 |
|
Education Grants -
|
|
$ |
115,000 |
|
$ |
115,000 |
|
|
|
Operating |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
337,335,047 |
|
$ |
349,907,708 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Waiver - Match |
|
$ |
13,783,463 |
|
$ |
14,039,133 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
562,080 |
|
$ |
576,132 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,345,543 |
|
$ |
14,615,265 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
579,064,438 |
|
$ |
604,376,049 |
RESIDENTIAL AND SUPPORT SERVICES
The foregoing appropriation item 322-413, Residential and
Support Services,
shall be used for any of the following:
(A) Home and community-based waiver services pursuant to
Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental
retardation and
developmental disabilities;
(C) Supported living services contracted by county boards of
mental
retardation and developmental disabilities in accordance
with sections 5126.40
to 5126.47 of the Revised Code;
(D) Sermak Class Services used to implement the requirements
of the consent
decree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division;
(E) Other Medicaid-reimbursed programs, in an amount not to
exceed $1,000,000 in each fiscal year, that enable persons with
mental retardation and developmental disabilities to live in the
community.
Notwithstanding Chapters 5123. and 5126. of the Revised Code,
the Department
of
Mental Retardation and Developmental
Disabilities may develop residential and
support service programs
that enable persons with mental retardation and
developmental
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department may
waive the support collection requirements of those statutes for
persons in
community programs developed by the department under
this section. The
department shall adopt rules under Chapter 119.
of the Revised Code or
may use existing rules for the
implementation of these programs.
The Department of Mental Retardation and Developmental
Disabilities may
designate a portion of appropriation item
332-413, Residential and Support
Services, to county boards of
mental retardation and developmental
disabilities that have
greater need for various residential and support
services due to a
low percentage of residential and support services
development in
comparison to the number of individuals with mental retardation
or
developmental disabilities in the county.
Of the foregoing appropriation item 322-413, Residential and
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in
fiscal year 2003 shall be distributed by the Department to county
boards of mental retardation and developmental disabilities to
support Medicaid activities provided for in the component of a
county board's plan developed under division (A)(2) of section
5126.054 of the Revised Code and approved under section 5123.046
of the Revised Code. Up to $3,000,000 of these funds in each
fiscal year may be used to implement day-to-day program management
services under division (A)(2) of section 5126.054 of the Revised
Code. Up to $4,200,000 in each fiscal year may be used to
implement the program and health and welfare requirements of
division (A)(2) of section 5126.054 of the Revised Code.
In fiscal years 2002 and 2003, not less than $2,500,000 and
$2,650,000, respectively, of these funds shall be used to recruit
and retain, under division (A)(2) of section 5126.054 of the
Revised Code, the direct care staff necessary to implement the
services included in an individualized service plan in a manner
that ensures the health and welfare of the individuals being
served.
Notwithstanding sections 5123.171, 5123.19, 5123.20, and
5126.11 of the Revised Code, the Department of Mental Retardation
and Developmental Disabilities may implement programs funded by
appropriation item 322-451, Family Support Services, to provide
assistance to persons with mental retardation or developmental
disabilities and their families who are living in the
community.
The department shall adopt rules to implement
these programs.
The foregoing appropriation item 322-452, Case Management,
shall be allocated to county
boards of mental retardation and
developmental disabilities for the purpose of
providing case
management services and
to assist in bringing state funding for
all department-approved
case managers within county boards of
mental retardation and
developmental disabilities to the level
authorized in division
(D) of section 5126.15 of the Revised Code.
The department
may request approval from the Controlling Board to
transfer any
unobligated appropriation authority from other state
General
Revenue Fund appropriation items within the department's
budget
to appropriation item 322-452, Case Management, to be used
to
meet the statutory funding level in division (D) of section
5126.15 of the Revised Code.
Notwithstanding division (D) of section 5126.15 of the
Revised Code and
subject to funding in appropriation item 322-452,
Case Management, no county
may receive less than its allocation in
fiscal year 1995.
STATE SUBSIDIES TO MR/DD BOARDS
Of the foregoing appropriation item 322-501, County Boards
Subsidies,
$6,500,000 in fiscal year 2002 and $13,000,000 in
fiscal year
2003 shall be used to fund the tax equalization
program created
under sections 5126.16 to 5126.18 of the Revised
Code for county
boards of mental retardation and developmental
disabilities. The
tax equalization program shall utilize the
average daily
membership of adults 22 years of age and older in
habilitation and
community employment services only for the yield
on 1/2 mills.
After funding the tax equalization program, the Department of
Mental Retardation and Developmental Disabilities shall distribute
the remaining appropriation authority in appropriation item
322-501, County Boards Subsidies, to county boards of mental
retardation and developmental disabilities for subsidies
distributed pursuant to section 5126.12 of the Revised Code to the
limit of the lesser of the amount required by that section or the
remaining balance of the appropriation authority in appropriation
item 322-501 prorated to all county boards of mental retardation
and developmental disabilities.
INTERSYSTEM SERVICES FOR CHILDREN
The foregoing appropriation item 322-645, Intersystem
Services for Children, shall be used to support direct grants to
county family and children first councils created under section
121.37 of the Revised Code. The funds shall be used as partial
support payment and reimbursement for locally coordinated
treatment plans for multi-needs children that come to the
attention of the Family and Children First Cabinet Council
pursuant to section 121.37 of the Revised Code. Any child
referred for funding under this program must have an
individualized educational plan (IEP) in place. The Department of
Mental Retardation and Developmental Disabilities may use up to
five per cent of this amount for administrative expenses
associated with the distribution of funds to the county councils.
The foregoing appropriation item 322-604, Waiver-Match (Fund
4K8),
shall be used as state matching funds for the home and
community-based
waivers.
The Department of Job and Family Services may enter into an
interagency agreement with the Department of Mental Retardation
and Developmental Disabilities providing for the Department of
Mental Retardation and Developmental Disabilities to operate the
program.
DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A MODEL BILLING FOR
SERVICES RENDERED
Developmental centers of the Department of Mental Retardation
and
Developmental Disabilities may provide services to persons
with mental
retardation or developmental disabilities living in
the community or to
providers of services to these persons. The
department may develop a
methodology for recovery of all costs
associated with the provisions of these
services.
Section 74.03. RESIDENTIAL FACILITIES
GRF |
323-321 |
|
Residential Facilities
|
|
$ |
99,765,232 |
|
$ |
99,917,289 |
|
|
|
Operations |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
99,765,232 |
|
$ |
99,917,289 |
General Services Fund Group
152 |
323-609 |
|
Residential Facilities
|
|
$ |
889,929 |
|
$ |
912,177 |
|
|
|
Support |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
889,929 |
|
$ |
912,177 |
Federal Special Revenue Fund Group
3A4 |
323-605 |
|
Residential Facilities
|
|
$ |
120,985,419 |
|
$ |
120,985,419 |
|
|
|
Reimbursement |
|
|
|
|
|
|
325 |
323-608 |
|
Federal Grants -
|
|
$ |
532,000 |
|
$ |
536,000 |
|
|
|
Subsidies |
|
|
|
|
|
|
325 |
323-617 |
|
Education Grants -
|
|
$ |
411,000 |
|
$ |
411,000 |
|
|
|
Residential Facilities |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
121,928,419 |
|
$ |
121,932,419 |
State Special Revenue Fund Group
489 |
323-632 |
|
Operating Expense |
|
$ |
11,506,603 |
|
$ |
12,125,628 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
11,506,603 |
|
$ |
12,125,628 |
TOTAL ALL RESIDENTIAL FACILITIES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
234,090,183 |
|
$ |
234,887,513 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
354,883,508 |
|
$ |
369,478,630 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
11,340,580 |
|
$ |
11,407,111 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE FUND GROUP |
|
$ |
472,220,650 |
|
$ |
485,325,505 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
25,852,146 |
|
$ |
26,740,893 |
TOTAL DEPARTMENT OF MENTAL |
|
|
|
|
|
|
RETARDATION AND DEVELOPMENTAL |
|
|
|
|
|
|
DISABILITIES |
|
$ |
864,296,884 |
|
$ |
892,952,139 |
Section 75. MIH COMMISSION ON MINORITY HEALTH
GRF |
149-321 |
|
Operating Expenses |
|
$ |
635,218 |
|
$ |
638,229 |
GRF |
149-501 |
|
Minority Health Grants |
|
$ |
954,360 |
|
$ |
951,348 |
GRF |
149-502 |
|
Lupus Program |
|
$ |
179,206 |
|
$ |
179,206 |
TOTAL GRF General Revenue Fund |
|
$ |
1,768,784 |
|
$ |
1,768,783 |
Federal Special Revenue Fund Group
3J9 |
149-602 |
|
Federal Grants |
|
$ |
155,000 |
|
$ |
150,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
155,000 |
|
$ |
150,000 |
State Special Revenue Fund Group
4C2 |
149-601 |
|
Minority Health Conference |
|
$ |
369,194 |
|
$ |
320,776 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
369,194 |
|
$ |
320,776 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,292,978 |
|
$ |
2,239,559 |
The foregoing appropriation item 149-502, Lupus Program,
shall be used to provide grants for programs in patient, public,
and professional education on the subject of systemic lupus
erythemtosus; to encourage and develop local centers on lupus
information gathering and screening; and to provide outreach to
minority women.
Section 76. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARDGeneral Service Fund Group
5H9 |
865-609 |
|
Operating Expenses |
|
$ |
250,025 |
|
$ |
262,952 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
250,025 |
|
$ |
262,952 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
250,025 |
|
$ |
262,952 |
Section 77. DNR DEPARTMENT OF NATURAL RESOURCES
GRF |
725-401 |
|
Wildlife - GRF Central Support |
|
$ |
1,050,000 |
|
$ |
1,050,000 |
GRF |
725-404 |
|
Fountain Square Rental Payments - OBA |
|
$ |
1,092,400 |
|
$ |
1,089,100 |
GRF |
725-407 |
|
Conservation Reserve Enhancement Program |
|
$ |
1,920,400 |
|
$ |
1,920,400 |
GRF |
725-412 |
|
Reclamation Commission |
|
$ |
67,123 |
|
$ |
70,971 |
GRF |
725-413 |
|
OPFC Lease Rental Payments |
|
$ |
16,211,500 |
|
$ |
14,279,000 |
GRF |
725-423 |
|
Stream and Ground Water Gauging |
|
$ |
448,745 |
|
$ |
478,214 |
GRF |
725-425 |
|
Wildlife License Reimbursement |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
725-456 |
|
Canal Lands |
|
$ |
397,811 |
|
$ |
407,756 |
GRF |
725-502 |
|
Soil and Water Districts |
|
$ |
12,526,462 |
|
$ |
12,771,123 |
GRF |
725-903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
19,001,100 |
|
$ |
22,101,900 |
GRF |
725-904 |
|
Conservation General Obligation Debt Service |
|
$ |
1,595,000 |
|
$ |
6,695,000 |
GRF |
727-321 |
|
Division of Forestry |
|
$ |
10,209,173 |
|
$ |
10,888,345 |
GRF |
728-321 |
|
Division of Geological Survey |
|
$ |
2,269,911 |
|
$ |
2,432,974 |
GRF |
729-321 |
|
Office of Information Technology |
|
$ |
1,072,960 |
|
$ |
1,985,667 |
GRF |
730-321 |
|
Division of Parks and Recreation |
|
$ |
35,651,542 |
|
$ |
37,972,382 |
GRF |
733-321 |
|
Division of Water |
|
$ |
4,035,213 |
|
$ |
4,234,581 |
GRF |
736-321 |
|
Division of Engineering |
|
$ |
3,709,501 |
|
$ |
3,918,766 |
GRF |
737-321 |
|
Division of Soil and Water |
|
$ |
4,675,812 |
|
$ |
4,879,744 |
GRF |
738-321 |
|
Division of Real Estate and Land Management |
|
$ |
2,540,554 |
|
$ |
2,669,042 |
GRF |
741-321 |
|
Division of Natural Areas and Preserves |
|
$ |
3,439,427 |
|
$ |
3,616,940 |
GRF |
743-321 |
|
Division of Civilian Conservation |
|
$ |
2,842,407 |
|
$ |
0 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,946,725 |
|
$ |
4,162,882 |
TOTAL GRF General Revenue Fund |
|
$ |
129,703,766 |
|
$ |
138,624,787 |
General Services Fund Group
155 |
725-601 |
|
Departmental Projects |
|
$ |
2,216,594 |
|
$ |
1,913,242 |
157 |
725-651 |
|
Central Support Indirect |
|
$ |
8,009,551 |
|
$ |
8,423,094 |
158 |
725-604 |
|
Natural Resources Publication Center Intrastate |
|
$ |
94,198 |
|
$ |
94,595 |
161 |
725-635 |
|
Parks Facilities Maintenance |
|
$ |
2,993,169 |
|
$ |
3,063,124 |
204 |
725-687 |
|
Information Services |
|
$ |
3,010,774 |
|
$ |
3,971,856 |
206 |
725-689 |
|
REALM Support Services |
|
$ |
475,000 |
|
$ |
475,000 |
207 |
725-690 |
|
Real Estate Services |
|
$ |
50,000 |
|
$ |
54,000 |
4D5 |
725-618 |
|
Recycled Materials |
|
$ |
50,000 |
|
$ |
50,000 |
4S9 |
725-622 |
|
NatureWorks Personnel |
|
$ |
759,143 |
|
$ |
832,528 |
4X8 |
725-662 |
|
Water Resources Council |
|
$ |
275,633 |
|
$ |
282,524 |
430 |
725-671 |
|
Canal Lands |
|
$ |
1,215,441 |
|
$ |
1,259,511 |
508 |
725-684 |
|
Natural Resources Publication Center Interstate |
|
$ |
239,538 |
|
$ |
245,808 |
510 |
725-631 |
|
Maintenance - state-owned residences |
|
$ |
224,926 |
|
$ |
229,710 |
516 |
725-620 |
|
Water Management |
|
$ |
2,459,256 |
|
$ |
2,522,146 |
635 |
725-664 |
|
Fountain Square Facilities Management |
|
$ |
2,755,109 |
|
$ |
2,821,999 |
697 |
725-670 |
|
Submerged Lands |
|
$ |
589,315 |
|
$ |
615,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
25,417,647 |
|
$ |
26,854,137 |
Federal Special Revenue Fund Group
3B3 |
725-640 |
|
Federal Forest Pass-Thru |
|
$ |
55,000 |
|
$ |
55,000 |
3B4 |
725-641 |
|
Federal Flood Pass-Thru |
|
$ |
190,000 |
|
$ |
190,000 |
3B5 |
725-645 |
|
Federal Abandoned Mine Lands |
|
$ |
9,908,408 |
|
$ |
10,125,056 |
3B6 |
725-653 |
|
Federal Land and Water Conservation Grants |
|
$ |
3,559,697 |
|
$ |
3,689,697 |
3B7 |
725-654 |
|
Reclamation -
Regulatory |
|
$ |
1,788,579 |
|
$ |
1,799,459 |
3P0 |
725-630 |
|
Natural Areas and Preserves - Federal |
|
$ |
230,000 |
|
$ |
230,000 |
3P1 |
725-632 |
|
Geological Survey - Federal |
|
$ |
381,910 |
|
$ |
366,303 |
3P2 |
725-642 |
|
Oil and Gas-Federal |
|
$ |
189,701 |
|
$ |
190,289 |
3P3 |
725-650 |
|
Real Estate and Land Management - Federal |
|
$ |
2,980,975 |
|
$ |
3,184,300 |
3P4 |
725-660 |
|
Water - Federal |
|
$ |
180,000 |
|
$ |
180,000 |
3R5 |
725-673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
600,000 |
|
$ |
613,200 |
328 |
725-603 |
|
Forestry Federal |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
332 |
725-669 |
|
Federal Mine Safety Grant |
|
$ |
136,423 |
|
$ |
141,880 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
21,400,693 |
|
$ |
21,965,184 |
State Special Revenue Fund Group
4J2 |
725-628 |
|
Injection Well Review |
|
$ |
51,742 |
|
$ |
61,638 |
4M7 |
725-631 |
|
Wildfire Suppression |
|
$ |
150,310 |
|
$ |
150,000 |
4U6 |
725-668 |
|
Scenic Rivers Protection |
|
$ |
500,000 |
|
$ |
510,000 |
5B3 |
725-674 |
|
Mining Regulation |
|
$ |
35,000 |
|
$ |
35,000 |
5K1 |
725-626 |
|
Urban Forestry Grant |
|
$ |
400,000 |
|
$ |
400,000 |
5P2 |
725-634 |
|
Wildlife Boater Angler Administration |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
509 |
725-602 |
|
State Forest |
|
$ |
1,489,013 |
|
$ |
1,536,595 |
511 |
725-646 |
|
Ohio Geologic Mapping |
|
$ |
1,010,933 |
|
$ |
1,070,899 |
512 |
725-605 |
|
State Parks Operations |
|
$ |
28,844,322 |
|
$ |
29,915,146 |
514 |
725-606 |
|
Lake Erie Shoreline |
|
$ |
1,171,052 |
|
$ |
1,446,305 |
518 |
725-643 |
|
Oil and Gas Permit Fees |
|
$ |
1,821,252 |
|
$ |
1,821,325 |
518 |
725-677 |
|
Oil and Gas Well Plugging |
|
$ |
800,000 |
|
$ |
800,000 |
521 |
725-627 |
|
Off-Road Vehicle Trails |
|
$ |
66,213 |
|
$ |
68,490 |
522 |
725-656 |
|
Natural Areas Checkoff Funds |
|
$ |
1,508,080 |
|
$ |
1,860,670 |
526 |
725-610 |
|
Strip Mining Administration Fees |
|
$ |
1,480,566 |
|
$ |
1,449,459 |
527 |
725-637 |
|
Surface Mining Administration |
|
$ |
2,963,272 |
|
$ |
3,093,938 |
529 |
725-639 |
|
Unreclaimed Land Fund |
|
$ |
1,964,744 |
|
$ |
2,040,327 |
531 |
725-648 |
|
Reclamation Forfeiture |
|
$ |
1,455,835 |
|
$ |
1,491,087 |
532 |
725-644 |
|
Litter Control and Recycling |
|
$ |
13,137,680 |
|
$ |
13,311,365 |
586 |
725-633 |
|
Scrap Tire Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
615 |
725-661 |
|
Dam Safety |
|
$ |
244,442 |
|
$ |
259,758 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
61,594,456 |
|
$ |
63,822,002 |
015 |
740-401 |
|
Division of Wildlife Conservation |
|
$ |
46,177,752 |
|
$ |
48,713,747 |
815 |
725-636 |
|
Cooperative Management Projects |
|
$ |
156,536 |
|
$ |
160,449 |
816 |
725-649 |
|
Wetlands Habitat |
|
$ |
943,303 |
|
$ |
966,885 |
817 |
725-655 |
|
Wildlife Conservation Checkoff Fund |
|
$ |
1,435,567 |
|
$ |
1,472,755 |
818 |
725-629 |
|
Cooperative Fisheries Research |
|
$ |
964,470 |
|
$ |
988,582 |
819 |
725-685 |
|
Ohio River Management |
|
$ |
125,448 |
|
$ |
128,584 |
TOTAL WLF Wildlife Fund Group |
|
$ |
49,803,076 |
|
$ |
52,431,002 |
Waterways Safety Fund Group
086 |
725-414 |
|
Waterways Improvement |
|
$ |
3,301,688 |
|
$ |
3,472,497 |
086 |
725-416 |
|
Natural Areas Marine Patrol |
|
$ |
25,000 |
|
$ |
0 |
086 |
725-417 |
|
Parks Marine Patrol |
|
$ |
25,000 |
|
$ |
0 |
086 |
725-418 |
|
Buoy Placement |
|
$ |
41,153 |
|
$ |
42,182 |
086 |
725-501 |
|
Waterway Safety Grants |
|
$ |
134,504 |
|
$ |
137,867 |
086 |
725-506 |
|
Watercraft Marine Patrol |
|
$ |
562,100 |
|
$ |
576,153 |
086 |
725-513 |
|
Watercraft Educational Grants |
|
$ |
357,700 |
|
$ |
366,643 |
086 |
739-401 |
|
Division of Watercraft |
|
$ |
16,579,526 |
|
$ |
17,374,158 |
TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
Group |
|
$ |
21,026,671 |
|
$ |
21,969,500 |
Holding Account Redistribution Fund Group
R17 |
725-659 |
|
Performance Cash Bond Refunds |
|
$ |
251,500 |
|
$ |
252,000 |
R43 |
725-624 |
|
Forestry |
|
$ |
1,750,000 |
|
$ |
1,750,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,001,500 |
|
$ |
2,002,000 |
Accrued Leave Liability Fund Group
4M8 |
725-675 |
|
FOP Contract |
|
$ |
19,609 |
|
$ |
20,844 |
TOTAL ALF Accrued Leave |
|
|
|
|
|
|
Liability Fund Group |
|
$ |
19,609 |
|
$ |
20,844 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
310,967,418 |
|
$ |
327,689,456 |
Section 77.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 725-903, Natural Resources
General Obligation Debt Service, shall be used to pay all debt
service and financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.05 of the Revised Code
during the period from July 1, 2001,
to June 30, 2003. The Office
of the Sinking Fund or the
Director of Budget and Management shall
effectuate the required
payments by an intrastate transfer
voucher.
CONSERVATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 725-904, Conservation
General Obligation Debt Service, shall be used to pay all debt
service and financing costs during the period from July 1, 2001,
to June 30, 2003, on obligations to be issued for conservation
purposes under Section 2o of Article VIII, Ohio Constitution, and
implementing legislation. The Office of the Sinking Fund or the
Director of
Budget and Management shall effectuate the required
payments by an
intrastate transfer voucher.
The foregoing appropriation item 725-413, OPFC Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2001, to June
30, 2003, by the Department of Natural Resources pursuant to
leases and agreements made under section 154.22 of the Revised
Code, but limited to the aggregate amount of $30,490,500. Nothing
in this act shall be deemed to contravene the obligation of the
state to pay, without necessity for further appropriation, from
the sources pledged thereto, the bond service charges on
obligations issued pursuant to section 154.22 of the Revised Code.
The foregoing appropriation item 725-404, Fountain Square
Rental Payments - OBA, shall be used by the Department of Natural
Resources to meet all payments required to be made to the Ohio
Building Authority during the period from July 1, 2001, to June
30, 2003, pursuant to leases and agreements with the Ohio Building
Authority under section 152.241 of the Revised Code, but limited
to the aggregate amount of $2,181,500.
The Director of Natural Resources, using intrastate transfer
vouchers, shall make payments to the General Revenue Fund from
funds other than the General Revenue Fund to reimburse the General
Revenue Fund for the other funds' shares of the lease rental
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the
payment to the Ohio Building Authority for the actual amounts
necessary to fulfill the leases and agreements pursuant to section
152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square
Facilities Management (Fund 635), shall be used for payment of
repairs, renovation, utilities, property management, and building
maintenance expenses for the Fountain Square Complex. Cash
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of
Natural Resources shall be deposited to the Fountain Square
Facilities Management Fund (Fund 635).
Section 77.02. CENTRAL SUPPORT INDIRECT
With the exception of the Division of Wildlife, whose
indirect central support charges shall be paid out of the General
Revenue Fund from the foregoing appropriation item 725-401,
Wildlife - GRF Central Support, the Department of Natural
Resources, with the approval of the
Director of Budget and
Management, shall utilize a methodology for
determining each
division's payments into the Central Support
Indirect Fund (Fund
157). The methodology used shall contain the
characteristics of
administrative ease and uniform application.
Payments to the
Central Support Indirect Fund shall be made using
an intrastate
transfer voucher.
WILDLIFE LICENSE REIMBURSEMENT
Notwithstanding the limits of the transfer from the General
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15
of the Revised Code, up to the amount available in appropriation
item 725-425, Wildlife License Reimbursement, may be transferred
from the General Revenue Fund to the Wildlife Fund (Fund 015).
Pursuant to the certification of the Director of Budget and
Management of the amount of foregone revenue in accordance with
section 1533.15 of the Revised Code, the foregoing appropriation
item in the General Revenue Fund, appropriation item 725-425,
Wildlife License Reimbursement, shall be used to reimburse the
Wildlife Fund (Fund 015) for the cost of hunting and fishing
licenses and permits issued after June 30, 1990, to individuals
who are exempted under the Revised Code from license, permit, and
stamp fees.
In addition to state payments to soil and water conservation
districts authorized by section 1515.10 of the Revised Code, the
Department of Natural Resources may pay to any soil and water
conservation district, from authority in appropriation item
725-502, Soil and Water Districts, an annual amount not to exceed
$30,000, upon receipt of a request and justification from the
district and approval by the Ohio Soil and Water Conservation
Commission. The county auditor shall credit the payments to the
special fund established under section 1515.10 of the Revised Code
for the local soil and water conservation district. Moneys
received by each district shall be expended for the purposes of
the district.
Of the foregoing appropriation item 725-502, Soil and Water
Districts, $150,000 in each fiscal year shall be distributed to
the Muskingum Watershed Conservancy District and $50,000 in each
fiscal year shall be distributed to the Livestock Assurance
Program.
Of the foregoing appropriation 725-502, Soil and Water
Districts, $136,000
shall be earmarked in fiscal year 2002 for
Indian Lake, $56,000 per fiscal
year for the Conservation Action
Program, $48,000 in fiscal year 2002 for
Millcreek Valley
Conservation District, $40,000 per fiscal year for Wills
Creek
Reservoir, $120,000 in fiscal year 2002 for the relocation of
Route
30, $250,000 in fiscal year 2002 for the Upper Hocking and
Rush Creek Flood Control project, and $100,000 per fiscal year for
Rush Creek Conservancy
District. Of the foregoing appropriation
item 725-502, Soil and Water Districts, $150,000 shall be
earmarked in each fiscal year for the Loramie Lake Project.
DIVISION OF SOIL AND WATER
Of the foregoing appropriation item 737-321, Division of Soil
and Water, $220,000 in each fiscal year shall be distributed to
the Water Quality Laboratory located at Heidelberg College.
The foregoing appropriation item 725-456, Canal Lands, shall
be used to transfer funds to the Canal Lands Fund (Fund 430) to
provide operating expenses for the State Canal Lands Program. The
transfer shall be made using an intrastate transfer voucher and
shall be subject to the approval of the Director of Budget and
Management.
Of the foregoing appropriation item 739-401, Division of
Watercraft, not more than $200,000 in each fiscal year shall be
expended for the purchase of equipment for marine patrols
qualifying for funding from the Department of Natural Resources
pursuant to section 1547.67 of the Revised Code. Proposals for
equipment shall accompany the submission of documentation for
receipt of a marine patrol subsidy pursuant to section 1547.67 of
the Revised Code and shall be loaned to eligible marine patrols
pursuant to a cooperative agreement between the Department of
Natural Resources and the eligible marine patrol.
On July 15, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balances
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and
any amounts that accrue to that fund after that date, to the
Wildlife Education Fund (Fund 015). The Director shall cancel any
remaining outstanding encumbrances against appropriation item
725-612, Wildlife Education, and reestablish them against
appropriation item 740-401, Division of Wildlife Conservation.
The
amounts of any encumbrances canceled and reestablished are
appropriated.
On July 15, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balances
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June
30, 2001, and any amounts that accrue to that fund after that
date, to the Waterways Safety Fund (Fund 086). The director shall
cancel any remaining outstanding encumbrances against
appropriation item 725-614, Cooperative Boat Harbor Projects, and
reestablish them against appropriation item 739-401, Division of
Watercraft. The amounts of any encumbrances canceled and
reestablished are hereby appropriated.
On July 15, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balances
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,
and any amounts that accrue to that fund after that date, to the
State Forest Fund (Fund 509). The director shall cancel any
remaining outstanding encumbrances against appropriation item
725-617, Forestry Development Fund, and reestablish them against
appropriation item 725-602, State Forest. The amounts of any
encumbrances canceled and reestablished are appropriated. No
interest shall be credited to Fund 4B8 after June 30, 2001.
On July 15, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by
the repeal of section 1507.12 of the Revised Code in this act, to
the Burr Oak Regional Water District.
CIVILIAN CONSERVATION CORPS
The Director of Budget and Management, before June 30, 2003,
shall transfer the cash balance of the Civilian Conservation Corps
Operations Fund (Fund 162), and shall transfer any amounts that
accrue to that fund after that date, to the State Parks Operations
Fund (Fund 512). The Director shall cancel any existing
encumbrances against appropriation item 725-625, Civilian
Conservation Corps Operations, and re-establish them against
appropriation item 725-605, State Parks Operations. The amount of
the re-established encumbrances is appropriated. After the cash
balance is transferred, the Civilian Conservation Corps Operations
Fund (Fund 162), which was created by the Controlling Board in
1982, is abolished.
OIL AND GAS WELL PLUGGING
The foregoing appropriation item 725-677, Oil and Gas Well
Plugging, shall be used exclusively for the purposes of plugging
wells and to properly restore the land surface of idle and orphan
oil and gas wells pursuant to section 1509.071 of the Revised
Code. No funds from the appropriation item shall be used for
salaries, maintenance, equipment, or other administrative
purposes, except for those costs directly attributed to the
plugging of an idle or orphan well. Appropriation authority from
this line item shall not be transferred to any other fund or line
item.
Section 78. NUR STATE BOARD OF NURSING
General Services Fund Group
4K9 |
884-609 |
|
Operating Expenses |
|
$ |
4,816,241 |
|
$ |
5,205,776 |
5P8 |
884-601 |
|
Nursing Special Issues |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
4,821,241 |
|
$ |
5,210,776 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
4,821,241 |
|
$ |
5,210,776 |
Not later than thirty days after the effective date of this
section, the Director of Budget and Management shall transfer
$5,000 cash from the Occupational Licensing and Regulatory Fund
(Fund 4K9) to the Nursing Special Issues Fund (Fund 5P8).
Not later than July 30, 2002, the Director of Budget and
Management shall transfer $5,000 cash from the Occupational
Licensing and Regulatory Fund (Fund 4K9) to the Nursing Special
Issues Fund (Fund 5P8).
The foregoing appropriation item 884-601, Nursing Special
Issues (Fund 5P8), shall be used to pay the costs the Board of
Nursing incurs in implementing section 4723.062 of the Revised
Code.
Section 79. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,
AND ATHLETIC TRAINERS BOARDGeneral Services Fund Group
4K9 |
890-609 |
|
Operating Expenses |
|
$ |
681,020 |
|
$ |
703,201 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
681,020 |
|
$ |
703,201 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
681,020 |
|
$ |
703,201 |
Notwithstanding Section 74 of Am. H.B. 283 of the 123rd
General Assembly, the findings of the two clinical outcomes
studies required by the Operating Expenses earmark shall be
reported not later than December 31, 2001.
Section 80. OLA OHIOANA LIBRARY ASSOCIATION
GRF |
355-501 |
|
Library Subsidy |
|
$ |
243,367 |
|
$ |
248,786 |
TOTAL GRF General Revenue Fund |
|
$ |
243,367 |
|
$ |
248,786 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
243,367 |
|
$ |
248,786 |
Section 81. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K9 |
894-609 |
|
Operating Expenses |
|
$ |
280,391 |
|
$ |
295,277 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
280,391 |
|
$ |
295,277 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
280,391 |
|
$ |
295,277 |
Section 82. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K9 |
885-609 |
|
Operating Expenses |
|
$ |
289,600 |
|
$ |
306,051 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
289,600 |
|
$ |
306,051 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
289,600 |
|
$ |
306,051 |
Section 83. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS
General Services Fund Group
4K9 |
973-609 |
|
Operating Expenses |
|
$ |
98,622 |
|
$ |
100,518 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
98,622 |
|
$ |
100,518 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
98,622 |
|
$ |
100,518 |
Section 84. PBR STATE PERSONNEL BOARD OF REVIEW
GRF |
124-321 |
|
Operating |
|
$ |
1,015,059 |
|
$ |
1,059,243 |
TOTAL GRF General Revenue Fund |
|
$ |
1,015,059 |
|
$ |
1,059,243 |
General Services Fund Group
636 |
124-601 |
|
Transcript and Other |
|
$ |
39,598 |
|
$ |
40,587 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
39,598 |
|
$ |
40,587 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,054,657 |
|
$ |
1,099,830 |
The foregoing appropriation item 124-601, Transcript and
Other, may be used to produce and distribute transcripts and
other
documents. Revenues generated by charges for transcripts
and
other documents shall be deposited in the Transcripts and
Other
Fund (Fund 636).
Section 85. PRX STATE BOARD OF PHARMACY
General Services Fund Group
4A5 |
887-605 |
|
Drug Law Enforcement |
|
$ |
72,900 |
|
$ |
75,550 |
5N2 |
887-603 |
|
Operating Expenses |
|
$ |
4,353,629 |
|
$ |
4,744,594 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
4,426,529 |
|
$ |
4,820,144 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,426,529 |
|
$ |
4,820,144 |
PHARMACY BOARD OPERATING FUND
On July 1, 2001, or as soon as possible thereafter, the
Executive
Director of the State Board of Pharmacy shall certify
the board's portion of
the cash balance in the Occupational
Licensing and Regulatory Fund (Fund
4K9) to the Director of Budget
and Management. The Director of Budget and
Management shall
transfer the certified amount from Fund 4K9 to the Pharmacy
Board
Operating Fund (Fund 5N2).
The Director of Budget and Management shall cancel any
existing
encumbrances against appropriation item 887-609,
Operating Expenses (Fund
4K9), and reestablish them against
appropriation item 887-603, Operating
Expenses (Fund 5N2). The
amounts of the reestablished encumbrances are
appropriated.
Section 86. SCR STATE BOARD OF PROPRIETARY SCHOOL
REGISTRATION
GRF |
233-100 |
|
Personal Services |
|
$ |
326,400 |
|
$ |
333,429 |
GRF |
233-200 |
|
Maintenance |
|
$ |
77,760 |
|
$ |
78,776 |
GRF |
233-300 |
|
Equipment |
|
$ |
4,286 |
|
$ |
4,279 |
TOTAL GRF General Revenue Fund |
|
$ |
408,446 |
|
$ |
416,484 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
408,446 |
|
$ |
416,484 |
Section 87. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K9 |
882-609 |
|
Operating Expenses |
|
$ |
459,382 |
|
$ |
486,184 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
459,382 |
|
$ |
486,184 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
459,382 |
|
$ |
486,184 |
Section 88. PUB OHIO PUBLIC DEFENDER COMMISSION
GRF |
019-321 |
|
Public Defender Administration |
|
$ |
1,772,373 |
|
$ |
1,772,373 |
GRF |
019-401 |
|
State Legal Defense Services |
|
$ |
6,983,914 |
|
$ |
7,259,931 |
GRF |
019-403 |
|
Multi-County: State Share |
|
$ |
1,110,254 |
|
$ |
1,104,920 |
GRF |
019-404 |
|
Trumbull County-State Share |
|
$ |
364,686 |
|
$ |
363,917 |
GRF |
019-405 |
|
Training
Account |
|
$ |
48,000 |
|
$ |
48,000 |
GRF |
019-501 |
|
County Reimbursement - Non-Capital Cases |
|
$ |
33,893,062 |
|
$ |
34,512,523 |
GRF |
019-503 |
|
County Reimbursements - Capital Cases |
|
$ |
935,868 |
|
$ |
1,000,000 |
TOTAL GRF General Revenue Fund |
|
$ |
45,108,157 |
|
$ |
46,061,664 |
General Services Fund Group
101 |
019-602 |
|
Inmate Legal Assistance |
|
$ |
67,172 |
|
$ |
71,020 |
101 |
019-607 |
|
Juvenile Legal Assistance |
|
$ |
458,767 |
|
$ |
481,462 |
406 |
019-603 |
|
Training and Publications |
|
$ |
16,000 |
|
$ |
16,000 |
407 |
019-604 |
|
County Representation |
|
$ |
213,778 |
|
$ |
240,556 |
408 |
019-605 |
|
Client Payments |
|
$ |
260,584 |
|
$ |
285,533 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,016,301 |
|
$ |
1,094,571 |
Federal Special Revenue Fund Group
3S8 |
019-608 |
|
Federal Representation |
|
$ |
564,929 |
|
$ |
594,247 |
3U7 |
019-614 |
|
Juvenile JAIBG Grant |
|
|
51,516 |
|
|
54,601 |
3U8 |
019-615 |
|
Juvenile Challenge Grant |
|
|
118,658 |
|
|
124,984 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
735,103 |
|
$ |
773,832 |
State Special Revenue Fund Group
4C7 |
019-601 |
|
Multi-County: County Share |
|
$ |
1,603,064 |
|
$ |
1,714,575 |
4X7 |
019-610 |
|
Trumbull County-County Share |
|
$ |
526,560 |
|
$ |
564,714 |
574 |
019-606 |
|
Legal Services Corporation |
|
$ |
15,725,233 |
|
$ |
16,275,558 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
17,854,857 |
|
$ |
18,554,847 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
64,714,418 |
|
$ |
66,484,914 |
The foregoing appropriation items 019-404, Trumbull County -
State Share, and
019-610, Trumbull County - County Share, shall be
used to
support an indigent defense office for Trumbull County.
The foregoing appropriation items 019-403, Multi-County:
State Share, and 019-601, Multi-County: County Share, shall be
used to support the Office of the Ohio Public Defender's
Multi-County Branch Office program.
The foregoing appropriation item 019-405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at
least one indigent defendant at no cost, and for
state and county public
defenders and attorneys who contract with
the Ohio Public
Defender to provide indigent defense services.
The foregoing appropriation item 019-608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender
provides
representation on federal court cases.
Section 89. DHS DEPARTMENT OF PUBLIC SAFETY
GRF |
763-403 |
|
Operating Expenses - EMA |
|
$ |
3,851,927 |
|
$ |
4,225,628 |
GRF |
763-507 |
|
Individual and Family Grants |
|
$ |
90,014 |
|
$ |
89,398 |
GRF |
764-404 |
|
Transportation Enforcement Operations |
|
$ |
2,438,979 |
|
$ |
2,491,606 |
GRF |
769-321 |
|
Food Stamp Trafficking Enforcement Operations |
|
$ |
935,817 |
|
$ |
981,422 |
TOTAL GRF General Revenue Fund |
|
$ |
7,316,737 |
|
$ |
7,788,054 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,316,737 |
|
$ |
7,788,054 |
OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT
Of the foregoing appropriation item 763-403, Operating
Expenses -
EMA,
$200,000 in each fiscal year shall be used to fund
the Ohio Task Force One -
Urban Search and Rescue Unit and other
urban search and rescue programs around the state to create a
stronger search and rescue capability statewide.
The foregoing appropriation item 763-507, Individual and
Family Grants, shall
be used to fund the state share of costs to
provide grants to individuals and
families in cases of disaster.
Section 90. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
5F6 |
870-622 |
|
Utility and Railroad Regulation |
|
$ |
29,104,298 |
|
$ |
30,622,222 |
5F6 |
870-624 |
|
NARUC/NRRI Subsidy |
|
$ |
167,233 |
|
$ |
167,233 |
5F6 |
870-625 |
|
Motor Transportation Regulation |
|
$ |
4,578,771 |
|
$ |
4,811,239 |
558 |
870-602 |
|
Salvage and Exchange |
|
$ |
32,474 |
|
$ |
33,285 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
33,882,776 |
|
$ |
35,633,979 |
Federal Special Revenue Fund Group
3V3 |
870-604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
2,500,000 |
|
$ |
0 |
333 |
870-601 |
|
Gas Pipeline Safety |
|
$ |
461,920 |
|
$ |
485,332 |
350 |
870-608 |
|
Motor Carrier Safety |
|
$ |
6,749,153 |
|
$ |
7,027,712 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
9,711,073 |
|
$ |
7,513,044 |
State Special Revenue Fund Group
4A3 |
870-614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,311,986 |
|
$ |
1,349,757 |
4L8 |
870-617 |
|
Pipeline Safety-State |
|
$ |
177,323 |
|
$ |
187,621 |
4S6 |
870-618 |
|
Hazardous Material Registration |
|
$ |
449,927 |
|
$ |
464,325 |
4S6 |
870-621 |
|
Hazardous Materials Base State Registration |
|
$ |
364,240 |
|
$ |
373,346 |
4U8 |
870-620 |
|
Civil Forfeitures |
|
$ |
269,426 |
|
$ |
284,986 |
559 |
870-605 |
|
Public Utilities Territorial Administration |
|
$ |
4,000 |
|
$ |
4,000 |
560 |
870-607 |
|
Special Assessment |
|
$ |
100,000 |
|
$ |
100,000 |
561 |
870-606 |
|
Power Siting Board |
|
$ |
319,839 |
|
$ |
337,210 |
638 |
870-611 |
|
Biomass Energy Program |
|
$ |
40,000 |
|
$ |
40,000 |
661 |
870-612 |
|
Hazardous Materials Transportation |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,836,741 |
|
$ |
3,941,245 |
4G4 |
870-616 |
|
Base State Registration Program |
|
$ |
6,500,000 |
|
$ |
6,500,000 |
TOTAL AGY Agency Fund Group |
|
$ |
6,500,000 |
|
$ |
6,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
53,930,590 |
|
$ |
53,588,268 |
On July 1, 2001, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $150,000 in cash
from Fund 4U8, Civil Forfeitures, and $350,000 in cash from Fund
4S6, Hazardous Materials Registration, to Fund 3V3, Commercial
Vehicle Information Systems/Networks Fund, which is hereby created
in the State Treasury. The Commercial Vehicle Information
Systems/Networks Fund shall receive funding from the United States
Department of Transportation's Commercial Vehicle Intelligent
Transportation System Infrastructure Deployment Program and shall
be used to deploy the Ohio Commercial Vehicle Information Systems
and Networks Project and to expedite and improve safety of motor
carrier operations through electronic exchange of data by means of
on-highway electronic systems.
The Chairman of the Public Utilities Commission shall notify
the Director of Budget and Management when the cash balance in
Fund 3V3 is sufficient for the transfers required under this
heading to be repaid. On or before June 30, 2003, the Director of
Budget and Management shall transfer $150,000 in cash from Fund
3V3, Commercial Vehicle Information Systems/Networks, to Fund 4U8,
Civil Forfeitures, and $350,000 in cash from Fund 3V3, Commercial
Vehicle Information Systems/Networks, to Fund 4S6, Hazardous
Materials Registration.
BIOMASS ENERGY PROGRAM FUND
The Biomass Energy Program Fund created by section 4905.87 of
the Revised Code is the same fund, with a new name, as the
Biofuels/Municipal Waste Technology Fund created by the
Controlling Board in January 1988.
Section 91. PWC PUBLIC WORKS COMMISSION
GRF |
150-907 |
|
State Capital Improvements
|
|
$ |
135,693,200 |
|
$ |
146,210,200 |
|
|
|
General Obligation Debt |
|
|
|
|
|
|
|
|
|
Service |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
135,693,200 |
|
$ |
146,210,200 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
135,693,200 |
|
$ |
146,210,200 |
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-907, State Capital
Improvements General Obligation Debt Service, shall be used to pay
all debt service and financing costs at the times they are
required to be made pursuant to sections 151.01, 151.08, and
164.10 of the Revised Code during the period from July 1, 2001, to
June 30, 2003. The Office of the Sinking Fund or the Director of
Budget and Management shall effectuate the required payments by an
intrastate transfer voucher.
Section 92. RAC STATE RACING COMMISSION
State Special Revenue Fund Group
5C4 |
875-607 |
|
Simulcast Horse Racing Purse |
|
$ |
16,301,749 |
|
$ |
18,025,043 |
562 |
875-601 |
|
Thoroughbred Race Fund |
|
$ |
4,529,149 |
|
$ |
4,642,378 |
563 |
875-602 |
|
Standardbred Development Fund |
|
$ |
2,022,797 |
|
$ |
2,200,810 |
564 |
875-603 |
|
Quarterhorse Development Fund |
|
$ |
1,000 |
|
$ |
1,000 |
565 |
875-604 |
|
Racing Commission Operating |
|
$ |
4,109,513 |
|
$ |
4,314,143 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
26,964,208 |
|
$ |
29,183,374 |
Holding Account Redistribution Fund Group
R21 |
875-605 |
|
Bond Reimbursements |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
27,177,108 |
|
$ |
29,396,274 |
Section 93. BOR BOARD OF REGENTS
GRF |
235-321 |
|
Operating Expenses |
|
$ |
3,200,141 |
|
$ |
3,264,144 |
GRF |
235-401 |
|
Lease-Rental Payments |
|
$ |
295,058,500 |
|
$ |
268,910,500 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
299,940 |
|
$ |
299,940 |
GRF |
235-403 |
|
Math/Science Teaching Improvement |
|
$ |
1,984,000 |
|
$ |
2,018,680 |
GRF |
235-404 |
|
College Readiness Initiatives |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
800,000 |
|
$ |
800,000 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
82,500 |
|
$ |
82,500 |
GRF |
235-409 |
|
Information System |
|
$ |
1,389,263 |
|
$ |
1,417,049 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,400,888 |
|
$ |
1,428,907 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
10,100,000 |
|
$ |
10,200,000 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,920,000 |
|
$ |
3,920,000 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
48,741,000 |
|
$ |
48,741,000 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,000,000 |
|
$ |
1,500,000 |
GRF |
235-454 |
|
Research Challenge |
|
$ |
21,568,440 |
|
$ |
21,568,440 |
GRF |
235-455 |
|
Productivity Improvement Challenge |
|
$ |
1,694,947 |
|
$ |
1,728,845 |
GRF |
235-474 |
|
Area Health Education Centers Program Support |
|
$ |
2,093,727 |
|
$ |
2,135,601 |
GRF |
235-477 |
|
Access Improvement Projects |
|
$ |
1,088,661 |
|
$ |
1,088,661 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,699,981,471 |
|
$ |
1,706,692,168 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
235-503 |
|
Ohio Instructional Grants |
|
$ |
98,000,000 |
|
$ |
111,500,000 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,652,548 |
|
$ |
4,792,124 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
7,668,731 |
|
$ |
7,668,731 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
2,000,000 |
|
$ |
1,500,000 |
GRF |
235-509 |
|
Displaced Homemakers |
|
$ |
240,096 |
|
$ |
240,096 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,833,574 |
|
$ |
4,833,574 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
28,262,696 |
|
$ |
28,827,949 |
GRF |
235-513 |
|
OU Voinovich Center |
|
$ |
367,500 |
|
$ |
367,500 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
12,044,956 |
|
$ |
12,044,956 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
4,280,224 |
|
$ |
4,365,827 |
GRF |
235-519 |
|
Family Practice |
|
$ |
6,538,471 |
|
$ |
6,669,240 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
1,845,106 |
|
$ |
904,237 |
GRF |
235-521 |
|
OSU Glenn Institute |
|
$ |
367,500 |
|
$ |
367,500 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
240,096 |
|
$ |
240,096 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
1,087,195 |
|
$ |
1,108,939 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
3,166,168 |
|
$ |
3,229,491 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
2,383,334 |
|
$ |
2,383,334 |
GRF |
235-530 |
|
Academic Scholarships |
|
$ |
8,400,000 |
|
$ |
8,820,000 |
GRF |
235-531 |
|
Student Choice Grants |
|
$ |
52,428,000 |
|
$ |
53,476,560 |
GRF |
235-534 |
|
Student Workforce Development Grants |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
GRF |
235-535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
39,505,502 |
|
$ |
40,295,612 |
GRF |
235-536 |
|
Ohio State University Clinical Teaching |
|
$ |
15,989,883 |
|
$ |
16,309,680 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
13,151,461 |
|
$ |
13,414,491 |
GRF |
235-538 |
|
Medical College of Ohio at Toledo Clinical Teaching |
|
$ |
10,250,851 |
|
$ |
10,455,868 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
4,980,064 |
|
$ |
5,079,665 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
4,814,378 |
|
$ |
4,910,666 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of
Medicine Clinical Teaching |
|
$ |
4,951,583 |
|
$ |
5,050,615 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinical Subsidy |
|
$ |
499,800 |
|
$ |
509,796 |
GRF |
235-547 |
|
School of International Business |
|
$ |
1,708,764 |
|
$ |
1,708,764 |
GRF |
235-549 |
|
Part-time Student Instructional Grants |
|
$ |
13,311,638 |
|
$ |
13,977,219 |
GRF |
235-552 |
|
Capital Component |
|
$ |
14,537,639 |
|
$ |
14,537,639 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
3,779,088 |
|
$ |
3,779,088 |
GRF |
235-554 |
|
Computer Science Graduate Education |
|
$ |
3,482,368 |
|
$ |
3,482,368 |
GRF |
235-555 |
|
Library Depositories |
|
$ |
1,999,200 |
|
$ |
2,039,184 |
GRF |
235-556 |
|
Ohio Academic Resources Network |
|
$ |
3,510,777 |
|
$ |
3,580,993 |
GRF |
235-558 |
|
Long-term Care Research |
|
$ |
312,004 |
|
$ |
312,004 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
164,289 |
|
$ |
164,289 |
GRF |
235-572 |
|
Ohio State University Clinic Support |
|
$ |
2,060,314 |
|
$ |
2,101,520 |
GRF |
235-583 |
|
Urban University Programs |
|
$ |
6,503,559 |
|
$ |
6,503,559 |
GRF |
235-585 |
|
Ohio University Innovation Center |
|
$ |
48,750 |
|
$ |
48,750 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,375,552 |
|
$ |
1,375,552 |
GRF |
235-588 |
|
Ohio Resource Center for Mathematics, Science, and Reading |
|
$ |
980,000 |
|
$ |
980,000 |
GRF |
235-595 |
|
International Center for Water Resources Development |
|
$ |
185,593 |
|
$ |
185,593 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
340,096 |
|
$ |
340,096 |
GRF |
235-599 |
|
National Guard Scholarship Program |
|
$ |
12,048,106 |
|
$ |
12,048,106 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
50,055,100 |
|
$ |
74,344,100 |
TOTAL GRF General Revenue Fund |
|
$ |
2,598,456,032 |
|
$ |
2,621,371,806 |
General Services Fund Group
456 |
235-603 |
|
Publications |
|
$ |
43,050 |
|
$ |
44,342 |
456 |
235-613 |
|
Job Preparation Initiative |
|
$ |
144,383 |
|
$ |
144,383 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
187,433 |
|
$ |
188,725 |
Federal Special Revenue Fund Group
3H2 |
235-608 |
|
Human Services Project |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3N6 |
235-605 |
|
State Student Incentive Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
3T0 |
235-610 |
|
NHSC Ohio Loan Repayment |
|
$ |
100,000 |
|
$ |
100,000 |
312 |
235-609 |
|
Tech Prep |
|
$ |
183,852 |
|
$ |
183,852 |
312 |
235-611 |
|
Gear-up Grant |
|
$ |
1,590,986 |
|
$ |
1,690,434 |
312 |
235-612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
112,960 |
|
$ |
112,960 |
312 |
235-631 |
|
Federal Grants |
|
$ |
2,055,511 |
|
$ |
0 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,543,309 |
|
$ |
5,587,246 |
State Special Revenue Fund Group
4E8 |
235-602 |
|
HEFC Administration |
|
$ |
13,080 |
|
$ |
13,900 |
4P4 |
235-604 |
|
Physician Loan Repayment |
|
$ |
416,067 |
|
$ |
436,870 |
649 |
235-607 |
|
Ohio State University
Highway/Transportation Research |
|
$ |
511,000 |
|
$ |
523,775 |
682 |
235-606 |
|
Nursing Loan Program |
|
$ |
870,000 |
|
$ |
893,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,810,147 |
|
$ |
1,867,545 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,607,996,921 |
|
$ |
2,629,015,322 |
Section 93.01. STATE SHARE OF INSTRUCTION
As soon as practicable during each fiscal year of the
2001-2003 biennium in accordance with instructions of the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents.
The Board of Regents shall establish procedures
required
by
the system of formulas set out below and for the
assignment of
individual institutions to categories described in
the formulas.
The system of formulas establishes the manner in
which aggregate
expenditure requirements shall be determined for
each of the three
components of institutional operations. In addition to
other
adjustments and calculations described below,
the subsidy
entitlement of an institution shall be determined by
subtracting
from the institution's aggregate expenditure
requirements income
to be derived from the local contributions
assumed in calculating
the subsidy entitlements. The local
contributions for purposes of
determining subsidy support shall
not limit the authority of the
individual boards of trustees to
establish fee levels.
The General Studies and Technical models shall be adjusted
by
the Board of Regents so that the share of state subsidy earned
by
those models is not altered by changes in the overall local
share.
A lower-division fee differential shall be used to
maintain the
relationship that would have occurred between these
models and the
baccalaureate models had an assumed share of
thirty-seven per cent
been funded.
In defining the number of full-time equivalent (FTE) students
for
state subsidy purposes, the Board of Regents shall exclude
all undergraduate students who are not residents of Ohio, except
those charged in-state fees in accordance with reciprocity
agreements made pursuant to section 3333.17 or employer contracts
entered into
pursuant to section 3333.32 of the Revised Code.
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT
(1) INSTRUCTION AND SUPPORT SERVICES
MODEL |
FY 2002 |
FY 2003 |
General Studies I |
$ 4,481 |
$ 4,904 |
General Studies II |
$ 5,046 |
$ 5,299 |
General Studies III |
$ 6,101 |
$ 6,652 |
Technical I |
$ 5,353 |
$ 5,696 |
Technical III |
$ 8,854 |
$ 9,044 |
Baccalaureate I |
$ 7,031 |
$ 7,517 |
Baccalaureate II |
$ 7,875 |
$ 8,310 |
Baccalaureate III |
$ 11,480 |
$ 12,193 |
Masters and Professional I |
$ 13,338 |
$ 13,875 |
Masters and Professional II |
$ 19,084 |
$ 19,652 |
Masters and Professional III |
$ 25,869 |
$ 26,577 |
Medical I |
$ 28,800 |
$ 29,934 |
Medical II |
$ 40,152 |
$ 40,981 |
Blended MPD I |
$ 14,163
|
$ 14,877 |
For this purpose, FTE counts shall be
weighted to reflect
differences among institutions in the numbers
of students enrolled
on a part-time basis.
MODEL |
FY 2002 |
FY 2003 |
General Studies I |
$ 694 |
$ 747 |
General Studies II |
$ 704 |
$ 747 |
General Studies III |
$ 687 |
$ 747 |
Technical I |
$ 669 |
$ 747 |
Technical III |
$ 675 |
$ 747 |
Baccalaureate I |
$ 666 |
$ 747 |
Baccalaureate II |
$ 663 |
$ 747 |
Baccalaureate III |
$ 675 |
$ 747 |
Masters and Professional I |
$ 680 |
$ 747 |
Masters and Professional II |
$ 685 |
$ 747 |
Masters and Professional III |
$ 694 |
$ 747 |
Medical I |
$ 668 |
$ 747 |
Medical II |
$ 668 |
$ 747 |
Blended MPD I |
$ 668
|
$ 747 |
(B) PLANT OPERATION AND MAINTENANCE (POM)
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY
Space undergoing renovation shall be funded at the rate
allowed for storage
space.
In the calculation of square footage for each campus, square
footage shall be
weighted to reflect differences in space
utilization.
The space inventories for each campus shall be those
determined in the fiscal
year 1999 instructional subsidy, adjusted
for changes attributable to the
construction or renovation of
facilities for which state appropriations were
made or local
commitments were made prior to January 1, 1995.
Only 50 per cent of the space permanently taken out of
operation in fiscal
year 2002 or fiscal year 2003 that is not
otherwise replaced by a campus shall
be deleted from the fiscal
year 1997 inventory.
The square-foot-based plant operation and maintenance subsidy
for each campus
shall be determined as follows:
(a) For each standard room type category shown below, the
subsidy-eligible
net assignable square feet (NASF) for each campus
shall be multiplied
by the
following rates, and the amounts summed
for each campus to determine the total
gross square-foot-based POM
expenditure requirement:
|
FY 2002 |
FY 2003 |
Classrooms |
$5.33 |
$5.56 |
Laboratories |
$6.65 |
$6.93 |
Offices |
$5.33 |
$5.56 |
Audio Visual Data Processing |
$6.65 |
$6.93 |
Storage |
$2.36 |
$2.46 |
Circulation |
$6.73 |
$7.01 |
Other |
$5.33 |
$5.56 |
(b) The total gross square-foot POM expenditure requirement
shall be
allocated to models in proportion to FTE
enrollments as
reported in enrollment data for all models
except Doctoral I and
Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b)
of
this section shall be
multiplied by
the ratio of subsidy-eligible
FTE
students to total FTE
students reported in
each model, and the
amounts summed for all models. To this total amount
shall be
added an amount to support roads and grounds expenditures to
produce
the total square-foot-based POM subsidy.
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY
(a) The number of subsidy-eligible FTE students in each
model shall
be
multiplied by the following rates for each campus
for each fiscal year.
|
FY 2002 |
FY 2003 |
General Studies I |
$ 537 |
$ 543 |
General Studies II |
$ 669 |
$ 686 |
General Studies III |
$1,424 |
$1,565 |
Technical I |
$ 649 |
$ 750 |
Technical II |
$1,315 |
$1,436 |
Baccalaureate I |
$ 671 |
$ 692 |
Baccalaureate II |
$1,175 |
$1,263 |
Baccalaureate III |
$1,606 |
$1,674 |
Masters and Professional I |
$1,138 |
$1,217 |
Masters and Professional II |
$2,447 |
$2,928 |
Masters and Professional III |
$3,363 |
$3,932 |
Medical I |
$2,568 |
$2,653 |
Medical II |
$3,470 |
$3,581 |
Blended MPD I |
$1,135 |
$1,192 |
(b) The sum of the products for each campus determined in
division (B)(2)(a) of this section
for all models except Doctoral
I and Doctoral
II for each
fiscal year shall be weighted by a
factor to reflect
sponsored research
activity and job
training-related public
services expenditures to determine
the
total activity-based POM
subsidy.
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS
The calculation of the core subsidy entitlement shall
consist
of the following components:
(a) For each campus and for each fiscal year, the core
subsidy entitlement shall be determined by multiplying the
amounts
listed above in divisions
(A)(1) and (2) and (B)(2) of this
section less assumed
local contributions, by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II.
(b) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students in place of the two-year average and
five-year
average of subsidy-eligible
students:
(i) For those medical schools whose current year
enrollment
is below the base enrollment, the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment, where
the base
enrollment is:
|
The Ohio State University |
|
1010 |
|
University of Cincinnati |
|
833 |
|
Medical College of Ohio at Toledo |
|
650 |
|
Wright State University |
|
433 |
|
Ohio University |
|
433 |
|
Northeastern Ohio Universities College of Medicine |
|
433 |
(ii) For those medical schools whose current year
enrollment
is equal to or greater than the base enrollment, the
Medical II
FTE enrollment shall equal the
current
enrollment.
(c) For all FTE-based subsidy calculations involving
annualized
FTE data,
FTE-based allowances shall be converted from
annualized to all-terms
rates to
ensure equity and consistency of
subsidy determination.
(d) The Board of Regents shall compute the sum of the
two
calculations listed in division (C)(1)(a) of this section and use
the
greater sum as
the core subsidy entitlement.
The POM subsidy for each campus shall equal the greater of
the
square-foot-based subsidy or the activity-based POM subsidy
component
of the
core subsidy entitlement.
(e) The state share of instruction provided for doctoral
students shall be based on a fixed percentage of the total
appropriation. In fiscal year 2002, not more than 10.34 per cent
of the
total state share of instruction
shall be reserved to
implement the
recommendations of the Graduate
Funding Commission.
In fiscal
year 2003, not more than 10.25 per cent of the
total
state share of instruction shall be reserved for the same
purpose.
It is the
intent
of the General Assembly that the
doctoral reserve
be reduced 0.25
percentage points each year
thereafter until no
more than 10.0 per
cent of the
total
state
share of instruction
is reserved to implement
the recommendations
of the
Graduate
Funding Commission. The Board of Regents shall
reallocate 0 per
cent in fiscal year 2002 and 2 per cent in fiscal
year 2003 of the
reserve
among the state-assisted universities on
the basis of a
quality review as
specified in the recommendations
of the Graduate
Funding Commission.
The amount so reserved shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review. For the
purposes of this calculation,
Doctoral I equivalent FTEs shall
equal the sum of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
(2) ANNUAL HOLD HARMLESS PROVISION
In addition to and after the other adjustment noted above, in
fiscal year 2002 each campus shall have its state share of
instruction adjusted to the extent necessary to provide an amount
that is not less than 100 per cent of the state share of
instruction received by the campus in fiscal year 2001. In fiscal
year 2003, each campus shall have its state share of instruction
adjusted to the extent necessary to provide an amount that is not
less than 100 per cent of the state share of instruction received
by the campus in fiscal year 2002.
(3) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, instructional
subsidy earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. No. 748 of the
121st General Assembly, Am. Sub. H.B.
No. 850 of
the 122nd
General
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for
that campus exceeds
that campus's capital
component earnings.
(D) REDUCTIONS IN EARNINGS
If the total state share of instruction earnings in
any
fiscal year exceed the total appropriations available for such
purposes, the Board of Regents shall proportionately reduce the
state share of instruction earnings for all campuses by a uniform
percentage
so that the systemwide sum equals available
appropriations.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Chancellor and the
approval of the Controlling Board.
DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2002 and fiscal
year 2003 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less.
Section 93.02. MISSION-BASED CORE FUNDING FOR HIGHER
EDUCATION
Funds appropriated to appropriation item 235-415, Jobs
Challenge, shall be distributed to state-assisted community and
technical colleges, regional campuses of state-assisted
universities, and other organizationally distinct and identifiable
member campuses of the EnterpriseOhio Network in support of
noncredit job-related training. In fiscal years 2002 and 2003,
$2,114,673 and $1,981,841, respectively, shall be distributed as
performance grants to EnterpriseOhio Network campuses based upon
each campus's documented performance according to criteria
established by the Board of Regents for increasing training and
related services to businesses, industries, and public sector
organizations.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003
shall be allocated to the Targeted
Industries Training Grant
Program to attract, develop, and retain
business and industry
strategically important to the state's
economy.
Also, in fiscal years 2002 and 2003, $2,991,513 and
$3,629,797, respectively, shall be allocated to the Non-credit
Incentives Grant Program to reward two-year campuses for
increasing the amount of non-credit skill upgrading services
provided to Ohio employers and employees. The funds shall be
distributed to campuses in proportion to each campus's share of
noncredit job-related training revenues received by all campuses
for the previous fiscal year. It is the intent of the General
Assembly that this workforce development incentive component of
the Jobs Challenge Program reward campus noncredit job-related
training efforts in the same manner that the Research Challenge
Program rewards campuses for their ability to obtain sponsored
research revenues.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003
shall be allocated as an incentive
to support local EnterpriseOhio
Network Campus/Adult Workforce
Education Center Partnerships. The
purpose of the partnerships is
to promote and deliver coordinated,
comprehensive training to
local employers. Each partnership shall
include a formal
agreement between one or more EnterpriseOhio
Network campus and
one or more adult workforce education center
for the delivery of
training services. The Department of
Education and Board of
Regents shall jointly award funds to
certified EnterpriseOhio
campus/adult workforce education center
partnerships to offer
training grants to eligible companies. A
certified EnterpriseOhio
Network/adult workforce education center
partnership is one that
has been documented and approved by the
Board of Regents and the
Department of Education according to
partnership criteria
established jointly by those agencies. An
eligible company is one
that meets the funding criteria of the
Targeted Industries
Training Grant Program. The amount set aside
for the partnerships
is designed to match an equal appropriation
in the Department of
Education's appropriation item 200-514,
Post-Secondary/Adult
Career-Technical Education. The Department
of Education's
appropriation
also serves as a partnership-building
incentive by
allocating
funds to local EnterpriseOhio Network
campus/adult
workforce
education center partnerships.
In each fiscal year, the foregoing appropriation item
235-418, Access
Challenge, shall be distributed to Ohio's
state-assisted access colleges and
universities. For the
purposes of this
allocation,
"access campuses" includes
state-assisted community
colleges,
state community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
In each year of the biennium, Access Challenge appropriations
shall be allocated to eligible campuses according to the following
methodology:
(A) Each campus shall receive an amount equal to four per
cent of the product of its subsidy-eligible lower-division FTE
student enrollments for the prior fiscal year multiplied by the
unweighted average of in-state undergraduate instructional and
general fees for community colleges, state community colleges,
technical colleges, and regional campuses in fiscal year 2001.
(B) All remaining appropriations shall be allocated to each
campus proportionate to its share of the sum of FTEs used in the
distribution of access funds in the prior fiscal year updated with
the most recent FTE data available.
For the purposes of this calculation, Cleveland State
University's and Youngstown State
University's enrollments shall
be adjusted by the ratio of the sum
of subsidy-eligible
lower-division FTE student enrollments
eligible for access funding
to the sum of subsidy-eligible General
Studies FTE student
enrollments at Central State University and
Shawnee State
University, and for the following universities and
their regional
campuses: Ohio State University, Ohio University,
Kent State
University, Bowling Green State University, Miami
University, the
University of Cincinnati, the University of Akron,
and Wright
State University.
The foregoing appropriation item 235-420, Success
Challenge,
shall be used by the Board of Regents to promote
degree
completion by students enrolled at a main campus of a
state-assisted
university.
In each fiscal year, two-thirds of the appropriations shall
be distributed to
state-assisted university main campuses in
proportion to each campus's share of
the total statewide
bachelor's
degrees granted by university main campuses to
"at-risk" students.
In fiscal years 2002 and 2003, an
"at-risk"
student
means any undergraduate student who has
received an
Ohio
Instructional Grant during the past ten years.
An eligible
institution
shall not receive its share of this
distribution until
it has submitted
a plan that addresses how the
subsidy will
be
used to better serve at-risk students and increase
their
likelihood of
successful completion of a bachelor's degree
program. The Board of Regents
shall disseminate to all
state-supported
institutions of higher education all such plans
submitted by
institutions that received Success Challenge funds.
In each fiscal year, one-third of the appropriations shall be
distributed to
university main campuses in proportion to each
campus's share of the total
bachelor's degrees granted by
university main campuses to undergraduate
students who completed
their bachelor's degrees in a
"timely manner" in the
previous
fiscal year. For the purposes of this section,
"timely manner"
means the normal time it would take for a full-time degree-seeking
undergraduate
student to complete the student's degree.
Generally,
for
such students pursuing a bachelor's degree,
"timely
manner"
means four
years. Exceptions to this general rule shall
be
permitted for students
enrolled in programs specifically
designed
to be completed in a longer time
period. The Board of
Regents
shall collect base-line data beginning with the
1998-99
academic
year to assess the timely completion statistics by
university
main
campuses.
The foregoing appropriation item 235-454, Research
Challenge,
shall be used to enhance the basic research
capabilities of public
colleges and universities and accredited
Ohio institutions of
higher education holding certificates of
authorization issued
pursuant to section 1713.02 of the Revised
Code, in order to
strengthen academic research for pursuing
Ohio's economic
redevelopment goals. The Board of Regents,
in consultation
with
the colleges and universities, shall
administer the Research
Challenge Program and utilize a means of
matching, on a fractional
basis, external funds attracted in the
previous year by
institutions for basic research. The program
may include
incentives for increasing the amount of external
research funds
coming to eligible institutions and for
focusing research
efforts
upon critical state needs. Colleges
and universities
shall submit
for review and approval to the
Board of Regents
plans for the
institutional allocation of state
dollars received
through the
program. The institutional plans
shall provide the
rationale for
the allocation in terms of the
strategic targeting
of funds for
academic and state purposes, for
strengthening
research programs,
and for increasing the amount of
external
research funds, and
shall include an evaluation process
to provide
results of the
increased support.
The Board of Regents shall submit a biennial report of
progress to the General Assembly.
COMPUTER SCIENCE GRADUATE EDUCATION
The foregoing appropriation item 235-554, Computer Science
Graduate Education,
shall be used by the Board of Regents to
support improvements in graduate
programs in computer science at
state-assisted universities. In each fiscal
year, up to $200,000
may be used to support collaborative efforts in graduate
education
in this program area.
Section 93.03. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Board of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students. A
tuition surcharge shall be paid
by all students who are not
residents of Ohio.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees.
Each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
In providing the appropriations in support of instructional
services at state-assisted institutions of higher education and
the appropriations for other instruction it is the intent of the
General Assembly that faculty members shall devote a proper and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
Section 93.04. MEDICAL SCHOOL SUBSIDIES
The foregoing appropriation item 235-515, Case Western
Reserve University School of
Medicine, shall be disbursed to Case
Western Reserve University
through the Board of Regents in
accordance with agreements
entered into as provided for by section
3333.10 of the Revised
Code, provided that the state support per
full-time medical
student shall not exceed that provided to
full-time medical
students at state universities.
The foregoing appropriation items 235-536, Ohio State
University Clinical Teaching; 235-537, University of
Cincinnati
Clinical Teaching; 235-538, Medical College of
Ohio at Toledo
Clinical Teaching; 235-539, Wright State
University Clinical
Teaching; 235-540, Ohio University
Clinical Teaching; and 235-541,
Northeastern Ohio
Universities College of Medicine Clinical
Teaching, shall
be distributed through the Board of Regents.
The foregoing appropriation item 235-572, Ohio State
University Clinic
Support,
shall be distributed through the
Board
of Regents
to The Ohio
State University for support of
dental and
veterinary
medicine
clinics.
The Board of Regents shall develop plans consistent
with
existing criteria and guidelines as may be required for the
distribution of appropriation items 235-519, Family Practice,
235-525, Geriatric Medicine, and 235-526, Primary Care
Residencies.
Of the foregoing appropriation item 235-539, Wright State
University Clinical Teaching, $160,000 in each fiscal year
shall
be for the use of Wright State
University's Ellis Institute for
Clinical Teaching Studies to
operate the clinical facility to
serve the Greater Dayton
area.
PERFORMANCE STANDARDS FOR MEDICAL EDUCATION
The Board of Regents, in consultation with the
state-assisted medical
colleges, shall develop performance
standards for medical
education. Special
emphasis in the
standards shall be placed on attempting to ensure
that at least 50
per cent of the aggregate number of students
enrolled in
state-assisted medical colleges continue to enter residency as
primary care
physicians. Primary care physicians are
general
family
practice
physicians, general internal medicine
practitioners, and general
pediatric care
physicians.
The Board
of Regents shall monitor medical school
performance in relation
to their
plans for reaching the 50 per
cent systemwide standard
for primary care
physicians.
The foregoing appropriation item 235-526, Primary Care
Residencies, shall be
distributed in each fiscal year of the
biennium, based on whether the
institution has
submitted and
gained
approval for a plan. If the institution does not have an
approved
plan, it shall receive five per cent less funding per
student
than it would have received from its annual allocation.
The
remaining funding shall be distributed among those
institutions
that meet or
exceed their targets.
AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, shall be used by the Board of
Regents to support
the
medical school regional area health
education centers' educational
programs for the
continued support
of medical and other health
professions
education and for support
of the Area Health Education
Center
Program.
Of the foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, $200,000 in each fiscal year
shall be disbursed to the
Ohio University College of Osteopathic
Medicine for the
establishment of a mobile health care unit to
serve the
southeastern area of the state. Of the foregoing
appropriation
item 235-474, Area Health Education Centers Program
Support, $150,000 in each fiscal year
shall be used to support the
Ohio Valley Community Health
Information Network (OVCHIN) project.
Section 93.05. MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235-408, Midwest Higher
Education Compact, shall be distributed by the Board of
Regents
pursuant to section 3333.40 of the Revised Code.
COLLEGE READINESS INITIATIVES
Appropriation item 235-404, College Readiness Initiatives,
shall be used by
the
Board of Regents to support programs
designed to improve the ability of
high
school students to enroll
and succeed in higher education.
MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT
Appropriation item 235-403, Math/Science Teaching
Improvement, shall be used
by
the Board of Regents to support
programs designed to raise the quality of
mathematics and science
teaching in primary and secondary education.
Of the foregoing appropriation item 235-403, Mathematics and
Science Teaching Improvement, $250,000 in each fiscal year shall
be distributed to the Mathematics and Science Center in Lake
County.
Appropriation item 235-417, Ohio Learning Network, shall be
used by the
Board of
Regents to support the continued
implementation of the
Ohio Learning Network,
a statewide
electronic collaborative effort
designed to promote degree
completion of students, workforce
training of employees, and
professional
development through the
use of advanced
telecommunications and distance
education
initiatives.
Out of the foregoing appropriation item 235-509, Displaced
Homemakers, the Board of Regents shall continue funding
pilot
projects authorized in Am. Sub. H.B. No. 291 of the 115th
General
Assembly for the following centers: Cuyahoga Community
College,
University of Toledo, Southern State Community College,
and Stark
Technical College. The amount of $30,000 in each
fiscal year
shall be used for the Baldwin-Wallace Single Parents
Reaching Out
for Unassisted Tomorrows program.
The foregoing appropriation item 235-527, Ohio Aerospace
Institute, shall be distributed by the Board of Regents
under
section 3333.042 of the Revised Code.
PRODUCTIVITY IMPROVEMENT CHALLENGE
The foregoing appropriation item 235-455, Productivity
Improvement
Challenge, shall be allocated by the Board of
Regents
to continue increasing
the capabilities of the EnterpriseOhio
Network to meet the ongoing training needs of
Ohio employers.
Funds shall support multicampus collaboration, best practice
dissemination, and capacity building
projects. The Regents
Advisory Committee for Workforce
Development, in its advisory
role, shall advise in the development of plans
and
activities.
Of the foregoing appropriation item 235-455, Productivity
Improvement
Challenge, $208,000 in each fiscal year shall
be used
by the Dayton Business/Sinclair College Jobs Profiling Program.
ACCESS IMPROVEMENT PROJECTS
The foregoing appropriation item 235-477, Access
Improvement
Projects, shall be used by the Board of Regents
to develop
innovative statewide strategies to increase student
access and
retention for specialized populations, and to provide
for pilot
projects that will contribute to improving access to
higher
education by specialized populations. The funds may be
used for
projects that improve access for nonpublic secondary
students.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $740,000 in each fiscal year shall be
distributed to
the Appalachian Center for Higher Education at
Shawnee
State University. The board of directors of the center
shall consist of the presidents of Shawnee State University,
Ohio
University, Belmont Technical College, Hocking Technical
College,
Jefferson Community College, Muskingum Area Technical
College,
Rio
Grande Community College, Southern State Community
College,
and
Washington State Community College; the dean of each of
the Salem,
Tuscarawas, and East Liverpool regional campuses of Kent State
University; a
representative of the Board of Regents
designated
by the
Chancellor; and other members as may be determined by the
Board of
Regents.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $50,000 in fiscal year 2002 shall be
distributed to the University of Rio Grande Site Improvement
Planning project.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $135,000 in fiscal year 2002 shall be used
to support the Access Appalachia Project.
OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235-510, Ohio
Supercomputer
Center, shall be used by the Board of Regents
to support the
operation of the center, located at The Ohio State
University, as
a statewide resource available to
Ohio research universities both
public and private. It is also
intended that the center be made
accessible to private industry
as appropriate. Policies of the
center shall be established by a
governance committee,
representative of Ohio's research
universities and private
industry, to be appointed by the
Chancellor of the Board of
Regents and established for this
purpose.
OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235-556, Ohio Academic
Resources Network,
shall be used to support the
operations of the
Ohio Academic Resources Network, which shall include support
for
Ohio's state-assisted colleges and universities in maintaining and
enhancing network connections.
Section 93.06. PLEDGE OF FEES*
Any new pledge of fees, or new agreement for adjustment of
fees, made in the 2001-2003 biennium to secure bonds or notes of
a
state-assisted institution of higher education for a project
for
which bonds or notes were not outstanding on the effective
date of
this section shall be effective only after approval by the
Board
of Regents, unless approved in a previous biennium.
HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 235-909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.04 of the Revised Code
during the period from July 1, 2001, to June 30, 2003. The Office
of the Sinking Fund or the Director of Budget and Management shall
effectuate the required payments by an interstate transfer
voucher.
The foregoing appropriation item 235-401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2001, to June
30, 2003, by the Board of Regents pursuant to leases and
agreements made under section 154.21 of the Revised Code, but
limited to the aggregate amount of $563,969,000. Nothing in this
act shall be deemed to contravene the obligation of the state to
pay, without necessity for further appropriation, from the sources
pledged thereto, the bond service charges on obligations issued
pursuant to section 154.21 of the Revised Code.
Section 93.07. OHIO INSTRUCTIONAL GRANTS
Notwithstanding section 3333.12 of the Revised Code, in lieu
of the tables in that section, instructional grants for all
full-time students shall be made for fiscal year 2002 using the
tables under this heading.
The tables under this heading prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. The grant amount for a full-time
student enrolled in an eligible institution for a semester or
quarter in addition to the portion of the academic year covered by
a grant determined under these tables shall be a percentage of the
maximum prescribed in the applicable table. The maximum grant for
a fourth quarter shall be one-third of the maximum amount
prescribed under the table. The maximum grant for a third semester
shall be one-half of the maximum amount prescribed under the
table.
For a full-time student who is a dependent and enrolled in a
nonprofit educational institution that is not a state-assisted
institution and that has a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,160 |
Gross Income |
Number of Dependents |
Under $14,000 |
|
$5,160 |
|
$5,160 |
|
$5,160 |
|
$5,160 |
|
$5,160 |
$14,001 - $15,000 |
|
4,644 |
|
5,160 |
|
5,160 |
|
5,160 |
|
5,160 |
$15,001 - $16,000 |
|
4,116 |
|
4,644 |
|
5,160 |
|
5,160 |
|
5,160 |
$16,001 - $17,000 |
|
3,612 |
|
4,116 |
|
4,644 |
|
5,160 |
|
5,160 |
$17,001 - $18,000 |
|
3,102 |
|
3,612 |
|
4,116 |
|
4,644 |
|
5,160 |
$18,001 - $21,000 |
|
2,586 |
|
3,102 |
|
3,612 |
|
4,116 |
|
4,644 |
$21,001 - $24,000 |
|
2,058 |
|
2,586 |
|
3,102 |
|
3,612 |
|
4,116 |
$24,001 - $27,000 |
|
1,536 |
|
2,058 |
|
2,586 |
|
3,102 |
|
3,612 |
$27,001 - $30,000 |
|
1,272 |
|
1,536 |
|
2,058 |
|
2,586 |
|
3,102 |
$30,001 - $31,000 |
|
1,020 |
|
1,272 |
|
1,536 |
|
2,058 |
|
2,586 |
$31,001 - $32,000 |
|
930 |
|
1,020 |
|
1,272 |
|
1,536 |
|
2,058 |
$32,001 - $33,000 |
|
840 |
|
930 |
|
1,020 |
|
1,272 |
|
1,536 |
$33,001 - $34,000 |
|
420 |
|
840 |
|
930 |
|
1,020 |
|
1,272 |
$34,001 - $35,000 |
|
-- |
|
420 |
|
840 |
|
930 |
|
1,020 |
$35,001 - $36,000 |
|
-- |
|
-- |
|
420 |
|
840 |
|
930 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
-- |
|
420 |
|
840 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
420 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for two semesters,
three quarters, or a comparable portion of the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,160 |
Gross Income |
Number of Dependents |
Under $4,500 |
$5,160 |
|
$5,160 |
|
$5,160 |
$5,160 |
$5,160 |
|
$5,160 |
$4,501 - $5,000 |
4,644 |
|
5,160 |
|
5,160 |
5,160 |
5,160 |
|
5,160 |
$5,001 - $5,500 |
4,116 |
|
4,644 |
|
5,160 |
5,160 |
5,160 |
|
5,160 |
$5,501 - $6,000 |
3,612 |
|
4,116 |
|
4,644 |
5,160 |
5,160 |
|
5,160 |
$6,001 - $6,500 |
3,102 |
|
3,612 |
|
4,116 |
4,644 |
5,160 |
|
5,160 |
$6,501 - $7,000 |
2,586 |
|
3,102 |
|
3,612 |
4,116 |
4,644 |
|
5,160 |
$7,001 - $8,000 |
2,058 |
|
2,586 |
|
3,102 |
3,612 |
4,116 |
|
4,644 |
$8,001 - $9,000 |
1,536 |
|
2,058 |
|
2,586 |
3,102 |
3,612 |
|
4,116 |
$9,001 - $10,000 |
1,272 |
|
1,536 |
|
2,058 |
2,586 |
3,102 |
|
3,612 |
$10,001 - $11,500 |
1,020 |
|
1,272 |
|
1,536 |
2,058 |
2,586 |
|
3,102 |
$11,501 - $13,000 |
930 |
|
1,020 |
|
1,272 |
1,536 |
2,058 |
|
2,586 |
$13,001 - $14,500 |
840 |
|
930 |
|
1,020 |
1,272 |
1,536 |
|
2,058 |
$14,501 - $16,000 |
420 |
|
840 |
|
930 |
1,020 |
1,272 |
|
1,536 |
$16,001 - $19,000 |
-- |
|
420 |
|
840 |
930 |
1,020 |
|
1,272 |
$19,001 - $22,000 |
-- |
|
-- |
|
420 |
840 |
930 |
|
1,020 |
$22,001 - $25,000 |
-- |
|
-- |
|
-- |
420 |
840 |
|
930 |
$25,001 - $30,000 |
-- |
|
-- |
|
-- |
-- |
420 |
|
840 |
$30,001 - $35,000 |
-- |
|
-- |
|
-- |
-- |
-- |
|
420 |
For a full-time student who is a dependent and enrolled in an
educational institution that holds a certificate of registration
from the state board of proprietary school registration, the
amount of the instructional grant for two semesters, three
quarters, or a comparable portion of the academic year shall be
determined in accordance with the following table:
Proprietary InstitutionTable of Grants
|
Maximum Grant $4,374 |
Gross Income |
Number of Dependents |
Under $14,000 |
|
$4,374 |
|
$4,374 |
|
$4,374 |
|
$4,374 |
|
$4,374 |
$14,001 - $15,000 |
|
3,948 |
|
4,374 |
|
4,374 |
|
4,374 |
|
4,374 |
$15,001 - $16,000 |
|
3,480 |
|
3,948 |
|
4,374 |
|
4,374 |
|
4,374 |
$16,001 - $17,000 |
|
3,042 |
|
3,480 |
|
3,948 |
|
4,374 |
|
4,374 |
$17,001 - $18,000 |
|
2,634 |
|
3,042 |
|
3,480 |
|
3,948 |
|
4,374 |
$18,001 - $21,000 |
|
2,166 |
|
2,634 |
|
3,042 |
|
3,480 |
|
3,948 |
$21,001 - $24,000 |
|
1,752 |
|
2,166 |
|
2,634 |
|
3,042 |
|
3,480 |
$24,001 - $27,000 |
|
1,338 |
|
1,752 |
|
2,166 |
|
2,634 |
|
3,042 |
$27,001 - $30,000 |
|
1,074 |
|
1,338 |
|
1,752 |
|
2,166 |
|
2,634 |
$30,001 - $31,000 |
|
858 |
|
1,074 |
|
1,338 |
|
1,752 |
|
2,166 |
$31,001 - $32,000 |
|
804 |
|
858 |
|
1,074 |
|
1,338 |
|
1,752 |
$32,001 - $33,000 |
|
708 |
|
804 |
|
858 |
|
1,074 |
|
1,338 |
$33,001 - $34,000 |
|
354 |
|
708 |
|
804 |
|
858 |
|
1,074 |
$34,001 - $35,000 |
|
-- |
|
354 |
|
708 |
|
804 |
|
858 |
$35,001 - $36,000 |
|
-- |
|
-- |
|
354 |
|
708 |
|
804 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
-- |
|
354 |
|
708 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
354 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate of
registration from the state board of proprietary school
registration, the amount of the instructional grant for two
semesters, three quarters, or a comparable portion of the academic
year shall be determined in accordance with the following table:
Proprietary InstitutionTable of Grants
|
Maximum Grant $4,374 |
Gross Income |
Number of Dependents |
Under $4,500 |
$4,374 |
|
$4,374 |
|
$4,374 |
$4,374 |
$4,374 |
|
$4,374 |
$4,501 - $5,000 |
3,948 |
|
4,374 |
|
4,374 |
4,374 |
4,374 |
|
4,374 |
$5,001 - $5,500 |
3,480 |
|
3,948 |
|
4,374 |
4,374 |
4,374 |
|
4,374 |
$5,501 - $6,000 |
3,042 |
|
3,480 |
|
3,948 |
4,374 |
4,374 |
|
4,374 |
$6,001 - $6,500 |
2,634 |
|
3,042 |
|
3,480 |
3,948 |
4,374 |
|
4,374 |
$6,501 - $7,000 |
2,166 |
|
2,634 |
|
3,042 |
3,480 |
3,948 |
|
4,374 |
$7,001 - $8,000 |
1,752 |
|
2,166 |
|
2,634 |
3,042 |
3,480 |
|
3,948 |
$8,001 - $9,000 |
1,338 |
|
1,752 |
|
2,166 |
2,634 |
3,042 |
|
3,480 |
$9,001 - $10,000 |
1,074 |
|
1,338 |
|
1,752 |
2,166 |
2,634 |
|
3,042 |
$10,001 - $11,500 |
858 |
|
1,074 |
|
1,338 |
1,752 |
2,166 |
|
2,634 |
$11,501 - $13,000 |
804 |
|
858 |
|
1,074 |
1,338 |
1,752 |
|
2,166 |
$13,001 - $14,500 |
708 |
|
804 |
|
858 |
1,074 |
1,338 |
|
1,752 |
$14,501 - $16,000 |
354 |
|
708 |
|
804 |
858 |
1,074 |
|
1,338 |
$16,001 - $19,000 |
-- |
|
354 |
|
708 |
804 |
858 |
|
1,074 |
$19,001 - $22,000 |
-- |
|
-- |
|
354 |
708 |
804 |
|
858 |
$22,001 - $25,000 |
-- |
|
-- |
|
-- |
354 |
708 |
|
804 |
$25,001 - $30,000 |
-- |
|
-- |
|
-- |
-- |
354 |
|
708 |
$30,001 - $35,000 |
-- |
|
-- |
|
-- |
-- |
-- |
|
354 |
For a full-time student who is a dependent and enrolled in a
state-assisted educational institution, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,070 |
Gross Income |
Number of Dependents |
Under $14,000 |
|
$2,070 |
|
$2,070 |
|
$2,070 |
|
$2,070 |
|
$2,070 |
$14,001 - $15,000 |
|
1,866 |
|
2,070 |
|
2,070 |
|
2,070 |
|
2,070 |
$15,001 - $16,000 |
|
1,644 |
|
1,866 |
|
2,070 |
|
2,070 |
|
2,070 |
$16,001 - $17,000 |
|
1,458 |
|
1,644 |
|
1,866 |
|
2,070 |
|
2,070 |
$17,001 - $18,000 |
|
1,248 |
|
1,458 |
|
1,644 |
|
1,866 |
|
2,070 |
$18,001 - $21,000 |
|
1,020 |
|
1,248 |
|
1,458 |
|
1,644 |
|
1,866 |
$21,001 - $24,000 |
|
816 |
|
1,020 |
|
1,248 |
|
1,458 |
|
1,644 |
$24,001 - $27,000 |
|
612 |
|
816 |
|
1,020 |
|
1,248 |
|
1,458 |
$27,001 - $30,000 |
|
492 |
|
612 |
|
816 |
|
1,020 |
|
1,248 |
$30,001 - $31,000 |
|
396 |
|
492 |
|
612 |
|
816 |
|
1,020 |
$31,001 - $32,000 |
|
366 |
|
396 |
|
492 |
|
612 |
|
816 |
$32,001 - $33,000 |
|
336 |
|
366 |
|
396 |
|
492 |
|
612 |
$33,001 - $34,000 |
|
168 |
|
336 |
|
366 |
|
396 |
|
492 |
$34,001 - $35,000 |
|
-- |
|
168 |
|
336 |
|
366 |
|
396 |
$35,001 - $36,000 |
|
-- |
|
-- |
|
168 |
|
336 |
|
366 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
-- |
|
168 |
|
336 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
168 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,070 |
Gross Income |
Number of Dependents |
Under $4,500 |
$2,070 |
|
$2,070 |
|
$2,070 |
$2,070 |
$2,070 |
|
$2,070 |
$4,501 - $5,000 |
1,866 |
|
2,070 |
|
2,070 |
2,070 |
2,070 |
|
2,070 |
$5,001 - $5,500 |
1,644 |
|
1,866 |
|
2,070 |
2,070 |
2,070 |
|
2,070 |
$5,501 - $6,000 |
1,458 |
|
1,644 |
|
1,866 |
2,070 |
2,070 |
|
2,070 |
$6,001 - $6,500 |
1,248 |
|
1,458 |
|
1,644 |
1,866 |
2,070 |
|
2,070 |
$6,501 - $7,000 |
1,020 |
|
1,248 |
|
1,458 |
1,644 |
1,866 |
|
2,070 |
$7,001 - $8,000 |
816 |
|
1,020 |
|
1,248 |
1,458 |
1,644 |
|
1,866 |
$8,001 - $9,000 |
612 |
|
816 |
|
1,020 |
1,248 |
1,458 |
|
1,644 |
$9,001 - $10,000 |
492 |
|
612 |
|
816 |
1,020 |
1,248 |
|
1,458 |
$10,001 - $11,500 |
396 |
|
492 |
|
612 |
816 |
1,020 |
|
1,248 |
$11,501 - $13,000 |
366 |
|
396 |
|
492 |
612 |
816 |
|
1,020 |
$13,001 - $14,500 |
336 |
|
366 |
|
396 |
492 |
612 |
|
816 |
$14,501 - $16,000 |
168 |
|
336 |
|
366 |
396 |
492 |
|
612 |
$16,001 - $19,000 |
-- |
|
168 |
|
336 |
366 |
396 |
|
492 |
$19,001 - $22,000 |
-- |
|
-- |
|
168 |
336 |
366 |
|
396 |
$22,001 - $25,000 |
-- |
|
-- |
|
-- |
168 |
336 |
|
366 |
$25,001 - $30,000 |
-- |
|
-- |
|
-- |
-- |
168 |
|
336 |
$30,001 - $35,000 |
-- |
|
-- |
|
-- |
-- |
-- |
|
168 |
The foregoing appropriation item 235-503, Ohio Instructional
Grants, shall be used to make the payments authorized by division
(C) of section 3333.26 of the Revised Code to the institutions
described in that division. In addition, this appropriation shall
be used to reimburse the institutions described in division (B) of
section 3333.26 of the Revised Code for the cost of the waivers
required by that division.
Of the appropriation item 235-503, Ohio Instructional Grants,
surplus funds net of encumbrances from the appropriation for
fiscal
year 2002 shall be reappropriated to appropriation item
235-534,
Student Workforce Development Grants, for fiscal year
2003.
Of the appropriation item 235-503, Ohio Instructional Grants,
surplus funds net of encumbrances from the appropriation for
fiscal year 2003 shall be reappropriated to appropriation item
235-534, Student Workforce Development Grants, for fiscal year
2004.
The foregoing appropriation item 235-504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Ohio Board of Regents under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided
by section 5910.032 of the Revised Code.
PART-TIME STUDENT INSTRUCTIONAL GRANTS
The foregoing appropriation item 235-549, Part-time Student
Instructional Grants, shall be used to support a grant program for
part-time undergraduate students who are Ohio residents and who
are enrolled in degree granting programs.
Eligibility for participation in the program shall include
degree granting educational institutions that hold a certificate
of registration from the State Board of Proprietary School
Registration, and nonprofit institutions that have a certificate
of authorization issued pursuant to Chapter 1713. of the Revised
Code, as well as state-assisted colleges and universities. Grants
shall be given to students on the basis of need, as determined by
the college, which, in making these determinations, shall give
special consideration to single-parent heads-of-household and
displaced homemakers who enroll in an educational degree program
that prepares the individual for a career. In determining need,
the college also shall consider the availability of educational
assistance from a student's employer. It is the intent of the
General Assembly that these grants not supplant such assistance.
Section 93.08. STUDENT CHOICE GRANTS
The foregoing appropriation item 235-531, Student Choice
Grants, shall be used to support the Student Choice Grant Program
created by section 3333.27 of the Revised Code.
STUDENT WORKFORCE DEVELOPMENT GRANTS
The foregoing appropriation item 235-534, Student Workforce
Development Grants, shall be used to support the Student Workforce
Development Grant Program. Of the appropriated funds available,
the Board of Regents shall distribute grants of up to $200 to each
eligible student in an academic year.
The foregoing appropriation item 235-530, Academic
Scholarships, shall be used to provide academic scholarships to
students under section 3333.22 of the Revised Code. The annual
scholarship amount awarded to any student who receives a
scholarship for the 2001-2002 academic year shall be $2,100, and
the annual scholarship amount awarded to any student who receives
a scholarship for the 2002-2003 academic year shall be $2,205.
The foregoing appropriation item 235-604, Physician Loan
Repayment, shall be used in accordance with sections 3702.71
to
3702.81 of the Revised Code.
The foregoing appropriation item 235-606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $159,600 in fiscal year 2002 and
$167,580 in fiscal year 2003 may be used for operating expenses
associated with the program. Any additional funds needed for the
administration of the program are subject to Controlling Board
approval.
Section 93.09. COOPERATIVE EXTENSION SERVICE
Of the foregoing appropriation item 235-511, Cooperative
Extension Service, $210,000 in each fiscal year
shall be used for
additional staffing for county
agents for expanded 4-H activities.
Of the foregoing
appropriation item 235-511, Cooperative Extension
Service,
$210,000 in each fiscal year
shall be used by the
Cooperative Extension Service, through the
Enterprise Center for
Economic Development in cooperation with
other agencies, for a
public-private effort to create and operate
a small business
economic development program to enhance the
development of
alternatives to the growing of tobacco, and
implement, through
applied research and demonstration, the
production and marketing
of other high-value crops and
value-added products. Of the
foregoing appropriation item
235-511, Cooperative Extension
Service, $65,000 in each fiscal
year shall be used for farm labor
mediation and education
programs. Of the foregoing appropriation
item 235-511, Cooperative Extension
Service, $215,000 in each
fiscal year shall
be used to support the Ohio State University
Marion Enterprise Center.
Of the foregoing appropriation item 235-511, Cooperative
Extension Service,
$910,500 in each
fiscal year shall be used to
support the Ohio Watersheds
Initiative.
OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $950,000 in each
fiscal year
shall be distributed to the Piketon
Agricultural
Research and
Extension Center.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $250,000 in each
fiscal year
shall be distributed to the
Raspberry/Strawberry-Ellagic Acid
Research program at the Ohio
State
University Medical College in
cooperation with the Ohio
State University
College of Agriculture.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $50,000 in each
fiscal year shall
be used to support the
Ohio Berry Administrator.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $100,000 in each
fiscal year
shall be
used for the development of agricultural
crops and
products not
currently in widespread production in Ohio,
in order
to increase
the income and viability of family farmers.
COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH
AND
DEVELOPMENT CENTER
The foregoing appropriation items 235-511, Cooperative
Extension Service, and 235-535, Ohio Agricultural Research and
Development Center, shall be disbursed through the Board of
Regents to The Ohio State University in monthly payments, unless
otherwise determined by the Director of Budget and Management
pursuant to section 126.09 of the Revised
Code.
Of the foregoing
appropriation item 235-535, Ohio Agricultural
Research
and
Development
Center, $540,000 in each fiscal year
shall be used
to
purchase
equipment.
The Ohio Agricultural Research and Development Center shall
not be required to remit payment to The Ohio State University
during the 2001-2003 biennium for cost reallocation
assessments.
The cost reallocation assessments include, but are
not limited to,
any assessment on state appropriations to the
center.
Section 93.10. SEA GRANTS
The foregoing appropriation item 235-402, Sea Grants, shall
be disbursed to
The Ohio State University and shall be
used to
conduct research on fish in
Lake Erie.
The foregoing appropriation item 235-409, Information System,
shall be used by
the Board of Regents to operate the higher
education information data system known as the
Higher Education
Information System.
The foregoing appropriation item 235-502, Student Support
Services, shall be
distributed by the Board of Regents to Ohio's
state-assisted colleges and
universities that incur
disproportionate costs in the provision of support
services to
disabled students.
The foregoing appropriation item 235-514, Central State
Supplement, shall be used by Central State University to keep
undergraduate fees below the statewide average, consistent with
its mission of service to many first-generation college students
from groups historically underrepresented in higher education and
from families with limited incomes.
The foregoing appropriation item 235-520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County),
and Rootstown
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of the
state-affiliated university located therein. Each participating
municipality
and township shall receive at least five thousand
dollars per year. Funds
shall be distributed by the Board of
Regents.
SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of
International Business,
$1,218,764 in each fiscal year shall be
used for the continued development and
support of the School of
International Business of the state universities of northeast
Ohio. The money
shall go to the University of Akron. These funds
shall be used by the
university to establish a School of
International Business located at the
University of Akron. It may
confer with Kent State University,
Youngstown State
University,
and Cleveland State University as to the
curriculum
and other
matters regarding the school.
Of the foregoing appropriation item 235-547, School of
International Business,
$245,000 in each fiscal year shall be used
by the University of Toledo
College of Business for
expansion of
its international business programs.
Of the foregoing appropriation item 235-547, School of
International Business,
$245,000 in each fiscal year shall be used
by to support the Ohio State
University
MUCIA program.
The foregoing appropriation item 235-552, Capital Component,
shall be used by
the Board of Regents to implement the
capital
funding policy for
state-assisted colleges and
universities
established in Am. H.B. No. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
DAYTON AREA GRADUATE STUDIES INSTITUTE
The foregoing appropriation item 235-553, Dayton Area
Graduate Studies
Institute, shall be used by the Board of
Regents
to support the Dayton
Area Graduate Studies Institute, an
engineering graduate consortium of three
universities in the
Dayton area: Wright State University, the University of
Dayton,
and the Air Force Institute of Technology, with the participation
of
the University of Cincinnati and The Ohio State University.
The foregoing appropriation item 235-558, Long-term Care
Research, shall be
disbursed to Miami University for long-term
care research.
BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER
The foregoing appropriation item 235-561, Bowling Green State
University Canadian
Studies Center, shall be used by the Canadian
Studies Center at
Bowling Green State University to
study
opportunities for Ohio and
Ohio businesses to benefit from
the
Free Trade Agreement between
the United States and Canada.
URBAN UNIVERSITY PROGRAMS
Of the foregoing appropriation item 235-583, Urban
University
Programs,
universities receiving funds that are used to support
an
ongoing university
unit shall certify periodically in a
manner
approved by the Board of Regents that program funds
are being
matched on a one-to-one basis with equivalent
resources. Overhead
support may not be used to meet this
requirement. Where Urban
University Program funds are being used
to support an ongoing
university unit, matching funds must come
from continuing rather
than one-time sources. At each
participating state-assisted
institution of higher education,
matching funds must be within the
substantial control of the
individual designated by the
institution's president as the Urban
University Program
representative.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$372,400 in each fiscal year shall be used to
support a
public communication outreach program (WCPN).
The primary purpose
of the program shall be to develop a
relationship between
Cleveland State University and nonprofit communications
entities.
Of the foregoing appropriation item 235-583, Urban
University
Programs, $176,400 in each fiscal year shall be used
to support
the Center for the Interdisciplinary Study of
Education and the
Urban Child at Cleveland State
University. These funds shall be
distributed according to rules
adopted by the Board of
Regents and
shall be used by the
center for interdisciplinary
activities
targeted toward
increasing the chance of lifetime
success of the
urban child,
including interventions beginning with
the prenatal
period. The
primary purpose of the center is to
study issues in
urban
education and to systematically map
directions for new
approaches
and new solutions by bringing
together a cadre of
researchers,
scholars, and professionals
representing the social,
behavioral,
education, and health
disciplines.
Of the foregoing appropriation item 235-583,
Urban University
Programs, $254,800 in each fiscal year
shall be used to support
the Kent
State University Learning and Technology Project. This
project
is a kindergarten through university collaboration between
schools surrounding Kent's eight campuses in northeast
Ohio, and
corporate partners who will assist in development and
delivery.
The Kent State University Project shall provide a faculty
member
who has a full-time role in the development of
collaborative
activities and teacher instructional programming
between Kent
and the K-12th grade schools that surround its eight
campuses;
appropriate student support staff to facilitate these
programs
and joint activities; and hardware and software to
schools that will
make possible the delivery of instruction to
pre-service and
in-service teachers, and their students, in their
own classrooms
or school buildings. This shall involve the
delivery of
low-bandwidth streaming video and web-based
technologies in a
distributed instructional model.
Of the foregoing appropriation item 235-583, Urban University
Programs, $98,000 in each fiscal year shall be used to support
the
Ameritech Classroom/Center for Research at Kent State
University.
Of the foregoing appropriation item 235-583, Urban University
Programs, $980,000 in each fiscal
year
shall be used to support
the Polymer Distance Learning
Project at the University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$49,000 in each fiscal year shall be distributed to the
Kent State
University/Cleveland Design Center program.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$245,000 in each fiscal year shall be used to support
the Bliss Institute of
Applied Politics at the University of
Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$14,700
in each fiscal year shall be used for the
Advancing-Up Program at the
University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs, in each fiscal year $2,156,629 shall be distributed by
the Board of Regents to Cleveland State University in support of
the Maxine Goodman Levin College of Urban Affairs.
Of the foregoing appropriation item 235-583, Urban University
Programs, in each fiscal year $2,156,630 shall be distributed to
the Northeast Ohio Research Consortium, the Urban
Linkages
Program, and the Urban Research Technical Assistance
Grant
Program. The distribution among the three programs shall be
determined by the chair of the Urban University Program.
INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT
The foregoing appropriation item 235-595, International
Center for Water
Resources Development, shall be used to support
the International Center for Water Resources Development at
Central State
University. The center shall develop methods to
improve the management of
water resources for Ohio and for
emerging nations.
RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $212,072 in
each fiscal year, Miami
University shall receive $324,503
in each
fiscal year, and Ohio University shall
receive $740,977 in each
fiscal year. These
funds
shall be used to support the Institute
for
Local Government
Administration and Rural Development at Ohio
University, the
Center for Public Management and Regional Affairs
at Miami
University, and the Center for Policy Analysis and Public
Service at
Bowling Green
State University.
Of the foregoing appropriation item 235-587, Rural University
Projects,
$24,500 in each fiscal year shall be used to support the
Washington State
Community College day care center.
Of the foregoing appropriation item 235-587, Rural University
Projects, $73,500 in each fiscal year shall be used to support
the
COAD/ILGARD/GOA Appalachian Leadership Initiative.
A small
portion of the funds provided to Ohio
University
shall also be used for the
Institute for Local
Government
Administration and Rural Development State and
Rural
Policy
Partnership with the Governor's Office of Appalachia and
the
Appalachian delegation of the General Assembly.
OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING
The foregoing appropriation item 235-588, Ohio Resource
Center for Mathematics,
Science, and Reading, shall be used to
support a
resource center for
mathematics, science, and reading to
be
located at a state-assisted university
for the purpose of
identifying best educational practices in primary and
secondary
schools and establishing methods for communicating them to
colleges
of education and school districts.
HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235-596, Hazardous Materials
Program, shall
be disbursed to Cleveland State University for the
operation of a program to
certify firefighters for the handling of
hazardous materials. Training shall
be available to all Ohio
firefighters.
Of the foregoing appropriation item 235-596, Hazardous
Materials Program, $100,000 in each fiscal year shall be used to
support the Center for the Interdisciplinary Study of Education
and Leadership in Public Service at Cleveland State University.
These funds shall be distributed by the Board of Regents and shall
be used by the center targeted toward increasing the role of
special populations in public service and not-for-profit
organizations. The primary purpose of the center is to study
issues in public service and to guide strategies for attracting
new communities into public service occupations by bringing
together a cadre of researchers, scholars and professionals
representing the public administration, social behavioral, and
education disciplines.
NATIONAL GUARD SCHOLARSHIP PROGRAM
The Board of Regents shall disburse funds from appropriation
item 235-599,
National Guard Scholarship Program, at the
direction
of the Adjutant
General.
OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT
The foregoing appropriation item 235-602, HEFC
Administration, shall be used by the Board of Regents for
operating expenses related to the Board of Regents' support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the chancellor, the Director of
Budget and
Management shall transfer up to $12,000 cash from Fund
461 to Fund
4E8 in each fiscal year of the biennium.
Section 93.11. BREAKTHROUGH INVESTMENTS
OHIO PLAN STUDY COMMITTEE
There is established the Ohio Plan Study Committee, which
shall determine appropriate ways to fund the Ohio Plan for
Technology and Development. The Study Committee shall consist of
the Director of Budget and Management, the Chancellor of the Board
of Regents, three members of the House of Representatives
appointed by the Speaker, of whom no more than two shall be of the
same political party, and three members of the Senate appointed by
the President, of whom no more than two shall be of the same
political party. Administrative support for the Study Committee
shall be provided by the Board of Regents. The Study Committee
shall report its recommendations to the Governor and the General
Assembly no later than December 31, 2001. After it submits its
report, the Study Committee shall cease to exist. The Ohio Plan
for Technology and Development is intended to promote
collaborative efforts among state government, higher education,
and business and industry that will lead to the development of New
Economy applications of science and technology and, ultimately,
new business start-ups in the state and increased economic
prosperity for the citizens of Ohio.
APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235-428, Appalachian New
Economy Partnership, shall be used by the Board of Regents to
begin a multicampus and multiagency coordinated effort to link
Appalachia to the new economy. Funds shall be distributed to Ohio
University to provide leadership in the development and
implementation of initiatives in the areas of entrepreneurship,
technology, education, and management.
Section 93.12. REPAYMENT OF RESEARCH FACILITY INVESTMENT
FUND
MONEYS
Notwithstanding any provision of law to the contrary, all
repayments of
Research Facility Investment Fund loans shall be
made to the Bond Service
Trust
Fund. All Research Facility
Investment Fund loan repayments made prior to the
effective date
of this section shall be transferred by the Director of Budget
and
Management to the Bond Service Trust Fund within sixty days of the
effective
date of this section.
Campuses shall make timely repayments of Research
Facility
Investment Fund loans, according to the schedule
established by
the Board of
Regents. In the case of late
payments, the Board of
Regents may deduct from an
institution's periodic subsidy
distribution an amount equal to
the
amount of the overdue payment
for that institution, transfer such
amount
to the Bond Service
Trust Fund, and credit the appropriate
institution for the
repayment.
The Board of Regents shall work with the Governor's Office of
Veterans' Affairs
to develop specific veterans' preference
guidelines for higher education
institutions. These guidelines
shall ensure that the institutions' hiring
practices are in
accordance with the intent of Ohio's veterans' preference
laws.
Section 93.13. CENTRAL STATE UNIVERSITY
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and
3345.76 of the
Revised Code and rule 126:3-1-01 of the
Administrative Code, Central State
University shall adhere to the
following fiscal standards:
(1) Maintenance of a balanced budget and filing of quarterly
reports on an
annualized budget with the Board of Regents,
comparing the budget to actual
spending and revenues with
projected expenditures and revenues for the
remainder of the year.
Such reports shall include narrative explanations as
appropriate
and be filed within 30 days of the end of the quarter.
(2) Timely and accurate assessment of the current and
projected cash flow of
university funds, by fund type;
(3) Timely reconciliation of all university cash and general
ledger accounts,
by fund;
(4) Submission to the Auditor of State of financial
statements
consistent with
audit requirements prescribed by the
Auditor of
State within four months after
the end of the fiscal
year;
(5) Completion of an audit within six months after the end
of the fiscal
year.
The Director of Budget and Management shall provide
clarification to the
university on these fiscal standards as
deemed necessary. The director
also may take such actions as are
necessary to ensure that the university adheres
to these standards
and other fiscal standards consistent with generally
accepted
accounting principles and the requirements of external entities
providing funding to the university. Such actions may include the
appointment
of a financial consultant to assist Central State
University in the continuous
process of design and implementation
of responsible systems of financial
management and accounting.
(B) The director's fiscal oversight shall continue until
such time as the
university meets the same criteria as those
created in paragraph (F) of rule 126:3-1-01 of the
Administrative
Code for the
termination of a fiscal watch. At that time
Central
State
University shall be relieved of the requirements of this
section
and subject to the requirements of sections 3345.72,
3345.74,
3345.75, and
3345.76 of the Revised Code.
Any encumbered funds remaining from appropriation item
042-407, Central State
Deficit, as appropriated in Am. Sub. S.B. 6
of the 122nd General Assembly
shall be released during the
2001-2003 biennium for nonrecurring expenses
contingent upon the
approval of the Director of Budget and Management.
Section 94. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
General Revenue Fund |
|
|
|
|
|
|
GRF |
501-321 |
|
Institutional Operations |
|
$ |
803,742,214 |
|
$ |
845,948,431 |
GRF |
501-403 |
|
Prisoner Compensation |
|
$ |
8,837,616 |
|
$ |
8,837,616 |
GRF |
501-405 |
|
Halfway House |
|
$ |
36,873,018 |
|
$ |
36,873,018 |
GRF |
501-406 |
|
Lease Rental Payments |
|
$ |
147,288,300 |
|
$ |
151,594,300 |
GRF |
501-407 |
|
Community Nonresidential Programs |
|
$ |
15,150,792 |
|
$ |
15,150,792 |
GRF |
501-408 |
|
Community Misdemeanor Programs |
|
$ |
7,942,211 |
|
$ |
7,942,211 |
GRF |
501-501 |
|
Community Residential
Programs - CBCF |
|
$ |
51,215,353 |
|
$ |
54,815,353 |
|
|
|
|
|
|
|
|
|
|
GRF |
502-321 |
|
Mental Health Services |
|
$ |
74,444,329 |
|
$ |
78,261,520 |
GRF |
503-321 |
|
Parole and Community Operations |
|
$ |
73,332,328 |
|
$ |
78,711,552 |
GRF |
504-321 |
|
Administrative Operations |
|
$ |
27,673,600 |
|
$ |
27,465,740 |
GRF |
505-321 |
|
Institution Medical Services |
|
$ |
132,610,379 |
|
$ |
138,122,584 |
GRF |
506-321 |
|
Institution Education Services |
|
$ |
22,858,645 |
|
$ |
23,917,493 |
GRF |
507-321 |
|
Institution Recovery Services |
|
$ |
6,642,352 |
|
$ |
6,951,387 |
TOTAL GRF General Revenue Fund
|
|
$ |
1,408,611,137 |
|
$ |
1,474,591,997 |
|
|
|
|
|
|
|
|
|
|
General Services Fund Group
4B0 |
501-601 |
|
Penitentiary Sewer Treatment Facility Services |
|
$ |
1,535,919 |
|
$ |
1,614,079 |
4D4 |
501-603 |
|
Prisoner Programs |
|
$ |
21,872,497 |
|
$ |
23,135,230 |
4L4 |
501-604 |
|
Transitional Control |
|
$ |
401,772 |
|
$ |
417,032 |
4S5 |
501-608 |
|
Education Services |
|
$ |
3,727,680 |
|
$ |
3,894,150 |
483 |
501-605 |
|
Property Receipts |
|
$ |
361,230 |
|
$ |
373,628 |
5H8 |
501-617 |
|
Offender Financial Responsibility |
|
$ |
435,000 |
|
$ |
440,000 |
5L6 |
501-611 |
|
Information Technology Services |
|
$ |
5,474,800 |
|
$ |
3,561,670 |
571 |
501-606 |
|
Training Academy Receipts |
|
$ |
71,567 |
|
$ |
71,567 |
593 |
501-618 |
|
Laboratory Services |
|
$ |
4,277,711 |
|
$ |
4,469,231 |
TOTAL GSF General Services Fund Group |
|
$ |
38,158,176 |
|
$ |
37,976,587 |
Federal Special Revenue Fund Group
3S1 |
501-615 |
|
Truth-In-Sentencing Grants |
|
$ |
22,906,042 |
|
$ |
23,432,796 |
323 |
501-619 |
|
Federal Grants |
|
$ |
10,246,790 |
|
$ |
10,246,790 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
33,152,832 |
|
$ |
33,679,586 |
Intragovernmental Service Fund Group
148 |
501-602 |
|
Services and Agricultural |
|
$ |
95,102,123 |
|
$ |
98,634,008 |
200 |
501-607 |
|
Ohio Penal Industries
|
|
$ |
43,131,254 |
|
$ |
44,425,724 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
138,233,377 |
|
$ |
143,059,732 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,618,155,522 |
|
$ |
1,689,307,902 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 501-406, Lease Rental
Payments, shall be used for payments to the
Ohio Building
Authority for the period July 1, 2001, to June 30,
2003, pursuant
to the primary leases and agreements for those
buildings made
under Chapter 152. of the Revised Code in the amount of
$298,882,600, which are the source of funds pledged for bond
service charges on
related
obligations issued pursuant to Chapter
152. of the Revised Code.
Money from the foregoing appropriation item 501-403,
Prisoner
Compensation, shall be transferred on a quarterly basis
by
intrastate transfer voucher to Fund 148
for the purposes of paying
prisoner compensation.
Not later than July 15, 2001, the Director of Budget and
Management shall transfer $1,800,000 from Fund 3W3, Adult Special
Needs, to the General Revenue Fund. Not later than July 15, 2002,
the Director of Budget and Management shall transfer $5,400,000
from Fund 3W3, Adult Special Needs, to the General Revenue Fund.
INMATE DEVELOPMENT PROGRAM
Of the foregoing appropriation item 503-321, Parole and
Community
Operations, at least $30,000 in each fiscal year shall
be used for
an inmate development program.
INSTITUTION RECOVERY SERVICES
Of the foregoing appropriation item 507-321, Institution
Recovery Services,
$50,000 in each fiscal year shall be used to
fund a demonstration project
using innovative alcohol and
substance abuse treatment methods.
Section 95. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,506,587 |
|
$ |
8,949,644 |
GRF |
415-401 |
|
Personal Care Assistance |
|
$ |
943,374 |
|
$ |
943,374 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
398,582 |
|
$ |
398,582 |
GRF |
415-403 |
|
Mental Health Services |
|
$ |
754,473 |
|
$ |
754,473 |
GRF |
415-404 |
|
MR/DD Services |
|
$ |
1,326,302 |
|
$ |
1,326,301 |
GRF |
415-405 |
|
Vocational Rehabilitation/Job and Family Services |
|
$ |
564,799 |
|
$ |
564,799 |
GRF |
415-406 |
|
Assistive Technology |
|
$ |
50,000 |
|
$ |
50,000 |
GRF |
415-431 |
|
Office for People with Brain Injury |
|
$ |
246,856 |
|
$ |
247,746 |
GRF |
415-506 |
|
Services for People with Disabilities |
|
$ |
11,785,245 |
|
$ |
12,082,297 |
GRF |
415-508 |
|
Services for the Deaf |
|
$ |
145,040 |
|
$ |
145,040 |
GRF |
415-509 |
|
Services for the Elderly |
|
$ |
378,043 |
|
$ |
378,044 |
GRF |
415-520 |
|
Independent Living Services |
|
$ |
61,078 |
|
$ |
61,078 |
TOTAL GRF General Revenue Fund |
|
$ |
25,160,379 |
|
$ |
25,901,378 |
General Services Fund Group
4W5 |
415-606 |
|
Administrative Expenses |
|
$ |
18,775,759 |
|
$ |
19,649,829 |
467 |
415-609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,585,602 |
|
$ |
1,493,586 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
20,361,361 |
|
$ |
21,143,415 |
Federal Special Revenue Fund Group
3L1 |
415-601 |
|
Social Security Personal Care Assistance |
|
$ |
3,044,146 |
|
$ |
3,044,146 |
3L1 |
415-605 |
|
Social Security Community Centers for the Deaf |
|
$ |
1,100,488 |
|
$ |
1,100,488 |
3L1 |
415-607 |
|
Social Security Administration Cost |
|
$ |
163,596 |
|
$ |
171,085 |
3L1 |
415-608 |
|
Social Security Special Programs/Assistance |
|
$ |
16,949,140 |
|
$ |
7,309,984 |
3L1 |
415-610 |
|
Social Security Vocational Rehabilitation |
|
$ |
1,338,324 |
|
$ |
1,338,324 |
3L4 |
415-612 |
|
Federal-Independent Living Centers or Services |
|
$ |
681,726 |
|
$ |
681,726 |
3L4 |
415-615 |
|
Federal - Supported Employment |
|
$ |
1,753,738 |
|
$ |
1,753,738 |
3L4 |
415-617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,033,853 |
|
$ |
1,035,196 |
317 |
415-620 |
|
Disability Determination |
|
$ |
68,752,767 |
|
$ |
71,452,334 |
379 |
415-616 |
|
Federal-Vocational Rehabilitation |
|
$ |
107,747,928 |
|
$ |
110,980,366 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
202,565,706 |
|
$ |
198,867,387 |
State Special Revenue Fund Group
4L1 |
415-619 |
|
Services for Rehabilitation |
|
$ |
5,698,621 |
|
$ |
5,260,262 |
468 |
415-618 |
|
Third Party Funding |
|
$ |
1,231,465 |
|
$ |
892,991 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
6,930,086 |
|
$ |
6,153,253 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
255,017,532 |
|
$ |
252,065,433 |
STAND CONCESSIONS FUND - CREDITING OF INCOME
In crediting interest and other income earned on moneys
deposited in the Stand Concessions Fund (Fund 467), the Treasurer
of State and Director of Budget and Management shall ensure that
the requirements of section 3304.35 of the Revised Code are met.
The foregoing appropriation item 415-401, Personal Care
Assistance, shall be used in addition to Social
Security
reimbursement funds to provide personal care
assistance
services.
These funds shall not be used in lieu of Social
Security
reimbursement funds.
The foregoing appropriation item 415-404, MR/DD Services,
shall
be used as state matching funds to provide vocational
rehabilitation services to mutually eligible clients between the
Rehabilitation Services Commission and the Department of
Mental
Retardation and Developmental Disabilities. The
Rehabilitation
Services Commission shall report to the
Department of Mental
Retardation and Developmental Disabilities,
as outlined in an
interagency agreement, on the number and
status of mutually
eligible clients and the status of the funds
and expenditures for
these clients.
VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES
The foregoing appropriation item 415-405, Vocational
Rehabilitation/Job and Family
Services, shall be used as state
matching
funds to provide vocational
rehabilitation services to
mutually
eligible clients between the
Rehabilitation Services
Commission
and the Department of Job and Family Services.
The
Rehabilitation Services
Commission shall report to the Department
of
Job and Family Services, as
outlined in an interagency
agreement, on the number and
status of
mutually eligible clients
and the status of the funds and
expenditures for these clients.
The foregoing appropriation item 415-406, Assistive
Technology, shall be provided to Assistive Technology of Ohio and
shall be used only to provide grants under that program. No
amount of the appropriation may be used for administrative costs.
OFFICE FOR PEOPLE WITH BRAIN INJURY
Of the foregoing appropriation item 415-431, Office for
People with Brain
Injury, $100,000 in each fiscal year shall be
used for
the state match for a
federal grant awarded through the
Traumatic Brain Injury Act, Pub. L. No.
104-166, and $50,000 in
fiscal year 2002 and $50,000 in fiscal year 2003 shall be provided
to the Brain Injury Trust Fund. The remaining
appropriation in
this item shall be used to plan and
coordinate
head-injury-related
services provided by state agencies and other
government or
private entities, to assess the needs for such
services, and to
set priorities in this area.
SERVICES FOR PEOPLE WITH DISABILITIES
On verification of the receipt of revenue in Fund 3W2, Title
XX Vocational
Rehabilitation, the Director of Budget and
Management shall transfer those
funds to the General Revenue Fund.
The transferred funds are appropriated to
appropriation item
415-506, Services for People with Disabilities. The
foregoing
appropriation item 415-506, Services for People with Disabilities,
includes transferred funds of $600,000 in fiscal year 2002 and
$897,052 in
fiscal year 2003.
The foregoing appropriation item 415-508, Services for the
Deaf, shall be used to supplement Social Security
reimbursement
funds used to provide grants to community centers
for the deaf.
These funds shall not be used in lieu of Social
Security
reimbursement funds.
The foregoing appropriation item 415-509, Services for the
Elderly, shall be used as matching funds for vocational
rehabilitation services for eligible elderly citizens with a
disability.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for
the costs of providing services and training to
return disability
recipients to gainful employment, shall be used
in the Social
Security Reimbursement Fund (Fund 3L1),
as follows:
(A) Appropriation item 415-601, Social Security Personal
Care Assistance, to provide personal care
services in accordance
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community
Centers for the Deaf, to provide grants to
community centers for
the deaf in Ohio for services to
individuals with hearing
impairments;
(C) Appropriation item 415-607, Social Security
Administration Cost, to provide administrative
services needed to
administer the Social Security reimbursement
program;
(D) Appropriation item 415-608, Social Security Special
Programs/Assistance,
to provide vocational rehabilitation services
to individuals with severe
disabilities, who are Social Security
beneficiaries, to achieve competitive
employment. This item also
includes funds to assist the Personal Care
Assistance, Community
Centers for the Deaf, and Independent Living Programs to
pay their
share of indirect costs as mandated by federal OMB Circular
A-87.
(E) Appropriation item 415-610, Social Security Vocational
Rehabilitation,
to provide vocational rehabilitation services to
individuals with severe
disabilities to achieve a noncompetitive
employment goal such as homemaker.
The foregoing appropriation item 415-606, Administrative
Expenses,
shall be used to support the administrative functions
of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
INDEPENDENT LIVING COUNCIL
The foregoing appropriation items 415-402, Independent Living
Council, shall be
used to fund the
operations of the State
Independent Living
Council.
The foregoing appropriation item 415-403, Mental Health
Services, shall be
used for the provision of vocational
rehabilitation services to mutually
eligible consumers of the
Rehabilitation Services Commission and the
Department of
Mental
Health.
The Department of Mental Health shall receive a quarterly
report from
the Rehabilitation Services Commission stating the
numbers served, numbers
placed
in employment, average hourly wage,
and average hours worked.
INDEPENDENT LIVING SERVICES
The foregoing appropriation items 415-520, Independent Living
Services, and 415-612, Federal-Independent Living Centers or
Services, shall
be used to support state independent living
centers or independent living
services pursuant to Title VII of
the Independent Living Services and Centers
for
Independent
Living
of the Rehabilitation Act Amendments of 1992, 106 Stat.
4344, 29
U.S.C. 796d.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415-617, Independent
Living/Vocational
Rehabilitation Programs, shall be used to
support vocational rehabilitation
programs, including, but not
limited to, Projects with Industry and Training
Grants.
Section 96. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K9 |
872-609 |
|
Operating Expenses |
|
$ |
287,191 |
|
$ |
305,030 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
287,191 |
|
$ |
305,030 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
287,191 |
|
$ |
305,030 |
Section 97. REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
085 |
800-900 |
|
Volunteer Firefighters' Dependents Fund |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL 085 Volunteer Firefighters' |
|
|
|
|
|
|
Dependents Fund |
|
$ |
200,000 |
|
$ |
200,000 |
Agency Fund Group |
|
|
|
|
|
|
062 |
110-900 |
|
Resort Area Excise Tax |
|
$ |
500,000 |
|
$ |
500,000 |
063 |
110-900 |
|
Permissive Tax Distribution |
|
$ |
1,398,200,000 |
|
$ |
1,447,100,000 |
067 |
110-900 |
|
School District Income Tax Fund |
|
$ |
156,800,000 |
|
$ |
166,200,000 |
4P8 |
001-698 |
|
Cash Management Improvement Fund |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
608 |
001-699 |
|
Investment Earnings |
|
$ |
406,700,000 |
|
$ |
398,300,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,964,200,000 |
|
$ |
2,014,100,000 |
Holding Account Redistribution
R45 |
110-617 |
|
International Fuel Tax Distribution |
|
$ |
40,000,000 |
|
$ |
41,000,000 |
TOTAL R45 Holding Account Redistribution Fund |
|
$ |
40,000,000 |
|
$ |
41,000,000 |
Revenue Distribution Fund Group |
|
|
|
|
|
|
049 |
038-900 |
|
Indigent Drivers Alcohol Treatment |
|
$ |
2,100,000 |
|
$ |
2,300,000 |
050 |
762-900 |
|
International Registration Plan Distribution |
|
$ |
58,000,000 |
|
$ |
65,000,000 |
051 |
762-901 |
|
Auto Registration Distribution |
|
$ |
490,000,000 |
|
$ |
515,000,000 |
054 |
110-900 |
|
Local Government Property Tax Replacement |
|
$ |
43,700,000 |
|
$ |
88,800,000 |
060 |
110-900 |
|
Gasoline Excise Tax Fund |
|
$ |
116,027,000 |
|
$ |
118,348,000 |
064 |
110-900 |
|
Local Government Revenue Assistance |
|
$ |
100,600,000 |
|
$ |
100,900,000 |
065 |
110-900 |
|
Library/Local Government Support Fund |
|
$ |
506,700,000 |
|
$ |
508,100,000 |
066 |
800-900 |
|
Undivided Liquor Permit Fund |
|
$ |
13,500,000 |
|
$ |
13,750,000 |
068 |
110-900 |
|
State/Local Government Highway Distribution Fund |
|
$ |
233,750,000 |
|
$ |
238,893,000 |
069 |
110-900 |
|
Local Government Fund |
|
$ |
718,700,000 |
|
$ |
720,400,000 |
082 |
110-900 |
|
Horse Racing Tax |
|
$ |
200,000 |
|
$ |
200,000 |
083 |
700-900 |
|
Ohio Fairs Fund |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,286,277,000 |
|
$ |
2,374,691,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,290,677,000 |
|
$ |
4,429,991,000 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are to be used for
the
purpose of administering and distributing the designated
revenue
distributions fund according to the Revised Code. If it
is
determined that additional appropriations are necessary, such
amounts are appropriated.
Section 98. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
4K9 |
893-609 |
|
Operating Expenses |
|
$ |
109,512 |
|
$ |
115,074 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
109,512 |
|
$ |
115,074 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
109,512 |
|
$ |
115,074 |
Section 99. OSB OHIO STATE SCHOOL FOR THE BLIND
GRF |
226-100 |
|
Personal Services |
|
$ |
5,880,065 |
|
$ |
6,157,563 |
GRF |
226-200 |
|
Maintenance |
|
$ |
700,437 |
|
$ |
717,948 |
GRF |
226-300 |
|
Equipment |
|
$ |
139,288 |
|
$ |
142,770 |
TOTAL GRF General Revenue Fund |
|
$ |
6,719,790 |
|
$ |
7,018,281 |
General Services Fund Group
4H8 |
226-602 |
|
Education Reform Grants |
|
$ |
30,652 |
|
$ |
31,476 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
30,652 |
|
$ |
31,476 |
State Special Revenue Fund Group
4M5 |
226-601 |
|
Work Study
& Technology Investments |
|
$ |
41,854 |
|
$ |
42,919 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
41,854 |
|
$ |
42,919 |
Federal Special Revenue Fund Group
3P5 |
226-643 |
|
Medicaid Professional Services Reimbursement |
|
$ |
125,000 |
|
$ |
125,000 |
310 |
226-626 |
|
Coordinating Unit |
|
$ |
1,274,274 |
|
$ |
1,278,475 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,399,274 |
|
$ |
1,403,475 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,191,570 |
|
$ |
8,496,151 |
Section 100. OSD OHIO STATE SCHOOL FOR THE DEAF
GRF |
221-100 |
|
Personal Services |
|
$ |
7,662,763 |
|
$ |
8,022,913 |
GRF |
221-200 |
|
Maintenance |
|
$ |
998,197 |
|
$ |
1,018,160 |
GRF |
221-300 |
|
Equipment |
|
$ |
270,867 |
|
$ |
276,284 |
TOTAL GRF General Revenue Fund |
|
$ |
8,931,827 |
|
$ |
9,317,357 |
General Services Fund Group
4M1 |
221-602 |
|
Education Reform Grants |
|
$ |
68,107 |
|
$ |
70,701 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
68,107 |
|
$ |
70,701 |
State Special Revenue Fund Group
4M0 |
221-601 |
|
Educational Program
|
|
$ |
35,320 |
|
$ |
33,188 |
|
|
|
Expenses |
|
|
|
|
|
|
5H6 |
221-609 |
|
Even Start Fees
& Gifts |
|
$ |
157,723 |
|
$ |
122,989 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
193,043 |
|
$ |
156,177 |
Federal Special Revenue Fund Group
3R0 |
221-684 |
|
Medicaid Professional
|
|
$ |
90,464 |
|
$ |
111,377 |
|
|
|
Services Reimbursement |
|
|
|
|
|
|
3U4 |
221-603 |
|
Even Start |
|
$ |
125,000 |
|
$ |
104,625 |
311 |
221-625 |
|
Coordinating Unit |
|
$ |
910,000 |
|
$ |
933,400 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,125,464 |
|
$ |
1,149,402 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,318,441 |
|
$ |
10,693,637 |
Section 101. SFC SCHOOL FACILITIES COMMISSION
GRF |
230-428 |
|
Lease Rental Payments |
|
$ |
41,645,300 |
|
$ |
37,654,300 |
GRF |
230-908 |
|
Common Schools General Obligation Debt Service |
|
$ |
36,418,800 |
|
$ |
55,336,300 |
TOTAL GRF General Revenue Fund |
|
$ |
78,064,100 |
|
$ |
92,990,600 |
State Special Revenue Fund Group
5E3 |
230-644 |
|
Operating Expenses |
|
$ |
6,096,521 |
|
$ |
6,409,766 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
6,096,521 |
|
$ |
6,409,766 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
84,160,621 |
|
$ |
99,400,366 |
Section 101.01. LEASE RENTAL PAYMENTS
The foregoing appropriation item 230-428, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2001, to June
30, 2003, by the School Facilities Commission pursuant to leases
and agreements made under section 3318.26 of the Revised Code, but
limited to the aggregate amount of $79,299,600. Nothing in this
act shall be deemed to contravene the obligation of the state to
pay, without necessity for further appropriation, from the sources
pledged thereto, the bond service charges on obligations issued
pursuant to Chapter 3318. of the Revised Code.
COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 230-908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.03 of the Revised Code
during the period from July 1, 2001, to June 30, 2003. The Office
of the Sinking Fund or the Director of Budget and Management shall
effectuate the required payments by an intrastate transfer
voucher.
The foregoing appropriation item 230-644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities pursuant to this section and Chapter
3318. of the Revised Code.
Within ten days after the effective date of this section, or
as soon as
possible thereafter, the Executive Director of the Ohio
School Facilities
Commission shall certify to the Director of
Budget and Management the amount
of cash to be transferred from
the School Building Assistance Fund (Fund 032)
or the Public
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3).
By July 10, 2002, the Executive Director of the Ohio School
Facilities
Commission shall certify to the Director of Budget and
Management the amount
of cash to be transferred from the School
Building Assistance Fund (Fund 032)
or the Public School Building
Fund (Fund 021) to the Ohio School Facilities
Commission Fund
(Fund 5E3).
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval in
accordance with section 3318.05 of the Revised Code. The
Executive Director of the Ohio School Facilities Commission shall
certify the amounts of these canceled encumbrances to the Director
of Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are appropriated.
DISABILITY ACCESS PROJECTS
The unencumbered and unallotted balances as of June 30, 2001,
in
appropriation item 230-649, Disability Access Project, are
hereby
reappropriated. The
unencumbered and unallotted balances
of the appropriation at the end of fiscal
year 2002 are
hereby
reappropriated in fiscal year 2003 to fund capital projects
pursuant to this section.
(A) As used in this section:
(1)
"Percentile" means the percentile in which a school
district is
ranked according to the fiscal year 1998 ranking of
school districts with
regard to income and property wealth under
division (B) of section 3318.011 of
the Revised Code.
(2)
"School district" means a city, local, or exempted
village
school district, but excluding a school district that is
one of
the state's 21 urban school districts as defined in
division (O)
of section 3317.02 of the Revised Code, as that
section existed prior to
July 1, 1998.
(3)
"Valuation per pupil" means a
district's total taxable
value as defined in section 3317.02 of the Revised
Code divided by
the district's ADM as defined in division (A) of section
3317.02
of the Revised Code as that section existed prior to July 1, 1998.
(B) The School Facilities Commission shall adopt rules for
awarding grants to school districts with a valuation per pupil
of
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of
which is to improve access to such facilities by physically
handicapped persons. The rules shall include application
procedures. No school district shall be awarded a grant under
this
section in excess of $100,000. In addition, any school
district
shall be required to pay a percentage of the cost of the
project
or which the grant is being awarded equal to the
percentile in
which the district is ranked.
(C) The School Facilities Commission is hereby authorized to
transfer a
portion of
appropriation item CAP-622, Public School
Buildings, contained in Am. Sub.
H.B.
No. 283 of the 123rd General
Assembly, to CAP-777, Disability Access Projects,
to provide funds
to make payments
resulting from the approval of applications for
disability access grants
received prior to January 1, 1999. The
amounts transferred are
appropriated.
Section 101.02. In fiscal year 2002, the Director of Budget
and
Management shall deposit into the Community School Classroom
Facilities Loan Guarantee Fund, established under section 3318.52
of the Revised Code, not less than ten million dollars from the
moneys that have been appropriated to the Ohio School Facilities
Commission for capital projects. The moneys so deposited shall be
used by the Commission to guarantee loans to community schools
under section 3318.50 of the Revised Code.
Section 102. NET OHIO SCHOOLNET COMMISSION
GRF |
228-404 |
|
Operating Expenses |
|
$ |
7,255,189 |
|
$ |
7,117,741 |
GRF |
228-406 |
|
Technical and Instructional Professional Development |
|
$ |
10,475,898 |
|
$ |
10,172,630 |
GRF |
228-539 |
|
Education Technology |
|
$ |
6,161,096 |
|
$ |
5,910,596 |
Total GRF General Revenue Fund |
|
$ |
23,892,183 |
|
$ |
23,200,967 |
General Services Fund Group
5D4 |
228-640 |
|
Conference/Special Purpose Expenses |
|
$ |
510,700 |
|
$ |
521,382 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
510,700 |
|
$ |
521,382 |
State Special Revenue Fund Group
4W9 |
228-630 |
|
Ohio SchoolNet Telecommunity Fund |
|
$ |
547,615 |
|
$ |
447,615 |
4X1 |
228-634 |
|
Distance Learning |
|
$ |
2,930,000 |
|
$ |
2,930,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,477,615 |
|
$ |
3,377,615 |
Federal Special Revenue Fund Group
3S3 |
228-655 |
|
Technology Literacy Challenge |
|
$ |
15,918,780 |
|
$ |
15,918,780 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
15,918,780 |
|
$ |
15,918,780 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
43,799,278 |
|
$ |
43,018,744 |
Section 102.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL
DEVELOPMENT
The foregoing appropriation item 228-406, Technical and
Instructional
Professional Development, shall be
used by the Ohio
SchoolNet Commission to make grants to qualifying schools,
including the
State School for the Blind and the Ohio School for
the Deaf, for
the provision of hardware, software,
telecommunications
services, and staff development to support
educational uses of
technology in the classroom.
The Ohio SchoolNet Commission shall consider the professional
development
needs associated with the OhioReads Program when
making funding allocations
and program decisions.
The Ohio Educational Telecommunications Network Commission,
with the advice of the Ohio SchoolNet Commission, shall make
grants totaling
up to $1,400,000
in each year of the biennium for
research development and
production of interactive instructional
programming series and
teleconferences to support SchoolNet. Up
to $55,000 of this
amount shall be used in each year of the
biennium to provide for
the administration of these activities by
the Ohio Educational
Telecommunications Network Commission. The
programming shall be
targeted to the needs of the poorest 200
school districts as
determined by the district's adjusted
valuation per pupil as
defined in section 3317.0213 of the Revised
Code.
Of the foregoing appropriation item 228-406, Technical and
Instructional
Professional Development, $2,900,000 in each fiscal
year shall be distributed
by the
Ohio SchoolNet Commission to
low-wealth districts or consortia including low-wealth school
districts, as determined by the district's adjusted valuation
per
pupil as defined in section 3317.0213 of the Revised Code,
or the
State School for the Blind or the Ohio School for the
Deaf.
The remaining appropriation allocated in appropriation item
228-406, Technical and Instructional Professional Development,
shall be
used by the Ohio SchoolNet Commission for professional
development for
teachers and administrators for the use of
educational
technology. The commission shall make grants to
provide technical
assistance and professional development on the
use of
educational technology to school districts.
Eligible recipients of grants include regional training
centers, county offices of education, data collection sites,
instructional technology centers, institutions of higher
education, public television stations, special education
resource
centers, area media centers, or other nonprofit
educational
organizations. Services provided through these
grants may include
use of private entities subcontracting
through the grant
recipient.
Grants shall be made to entities on a contractual basis with
the Ohio SchoolNet Commission.
Contracts shall include provisions
that demonstrate how services
will benefit technology use in the
schools, and in particular
will support SchoolNet efforts to
support technology in the
schools. Contracts shall specify the
scope of assistance being
offered and the potential number of
professionals who will be
served. Contracting entities may be
awarded more than one grant
at a time.
Grants shall be awarded in a manner consistent with the goals
of SchoolNet. Special emphasis in the award of grants shall be
placed on collaborative efforts among service providers.
Application for grants from this appropriation in
appropriation item 228-406, Technical and Instructional
Professional Development, shall be
consistent with a school
district's technology plan that shall
meet the
minimum
specifications for school district technology
plans as prescribed
by
the Ohio SchoolNet Commission. Funds
allocated through these
grants may be
combined with funds
received
through other state or
federal grants for technology so
long as
the school district's
technology plan specifies the use
of these
funds. The commission
may combine the application for
these
grants with the SchoolNet
application process authorized
in Am.
Sub. H.B. 790 of the 120th
General Assembly.
The foregoing appropriation item 228-539, Education
Technology, shall be used to provide funding to suppliers of
information services to school districts for the provision of
hardware, software, and staff development in support of
educational uses of technology in the classroom as prescribed by
the State Plan for Technology pursuant to section 3301.07 of the
Revised Code, and to support assistive technology for children
and
youth with disabilities.
Up to $5,200,000 in each fiscal year shall be used by the
Ohio SchoolNet
Commission to contract with instructional
television, and $850,000 in fiscal
year
2002, and $840,000 in
fiscal year 2003 shall be used by the commission to
contract with
education media
centers to provide Ohio schools with instructional
resources and
services.
Resources may include, but not be limited to, the
following:
pre-recorded video materials (including videotape,
laser discs,
and CD-ROM discs); computer software for student
use or
student
access to electronic communication,
databases,
spreadsheet, and
word processing capability; live
student courses
or courses
delivered electronically; automated
media systems; and
instructional and professional development
materials for teachers.
The commission shall cooperate with education technology
agencies
in the
acquisition, development, and delivery of such
educational
resources to ensure high-quality and educational
soundness at the
lowest possible cost. Delivery of such
resources may utilize a
variety of technologies, with preference
given to a high-speed
integrated information network that can
transport video, voice,
data, and graphics simultaneously.
Services shall include presentations and technical assistance
that will help students and teachers integrate educational
materials that support curriculum objectives, match specific
learning styles, and are appropriate for individual interests
and
ability levels.
Such instructional resources and services shall be made
available for purchase
by chartered nonpublic schools or by public
school districts for the benefit
of pupils attending chartered
nonpublic schools.
Appropriation item 228-634, Distance Learning, shall be
distributed by the Ohio SchoolNet Commission on a grant basis to
eligible
school districts to establish
"distance learning" in the
school
district. Per the agreement with Ameritech, school
districts
are eligible for funds if they are within an Ameritech
service
area. Funds to administer the program shall be expended
by the
commission up to the amount specified in the agreement with
Ameritech.
Within 30 days after the effective date of this section, the
Director of Budget and Management shall transfer to fund 4X1
in
the State Special Revenue Fund Group any investment earnings
from
moneys paid to the office or to the SchoolNet Commission
by any
telephone company as part of a settlement agreement
between the
company and the Public Utilities Commission in
fiscal year 1995.
ELECTRICAL INFRASTRUCTURE
The unencumbered and unallotted balances of June 30, 2001, in
appropriation
item 228-690, SchoolNet Electrical Infrastructure,
are reappropriated to
fund projects pursuant to this
section.
The
foregoing appropriation item may
be distributed by
the Ohio
SchoolNet Commission for use by school districts to
renovate
existing buildings with sufficient electrical service to
safely
operate educational technology consistent with their
SchoolNet and
SchoolNet
Plus technology plans. The Executive
Director of the
Ohio SchoolNet Commission
shall review grant
proposals from school
districts for the use of these funds.
In
evaluating grant
proposals, the executive director shall consider
the
ability and
commitment of school districts to contribute local
public and
private resources to upgrade their electrical service
and shall
give
consideration to consortia of school districts that
have
formed to optimize
resources to upgrade electrical service.
In no
case shall grant awards exceed
$1,000,000 for a single
school
district. Funding recommendations for this
appropriation
made by
the executive director are subject to the review of the
Ohio
SchoolNet Commission.
Section 102.02. TOBACCO SETTLEMENT EDUCATION TECHNOLOGIES
TRUST FUND
All funds from the Tobacco Settlement Education Technologies
Trust Fund are
hereby dedicated to the Ohio SchoolNet Commission.
Existing balances in the
fund and additional revenue deposited
prior to June 30, 2003, are hereby
appropriated to be used by the
SchoolNet Commission for grants to school
districts and other
entities, and for the costs of administering these grants. Of
the total
amount for grants, $1,841,655 in fiscal year 2002 and
$1,917,293
in fiscal year 2003 shall be used for the Ohio ONEnet
project,
$865,950 in
fiscal year 2002 and $909,247 in fiscal year
2003
shall be used for the
INFOhio Network, $313,500 in fiscal
year
2002 and $298,750 in fiscal year
2003 shall be used for the
JASON
Project,
$1,000,000 in each fiscal year shall be used for
RISE
Learning
Solutions, and $200,000 in each fiscal year shall be
used
for
the
Stark County School Teacher Technical Training
Center. The
remaining
amount for grants shall be made to school
districts.
The
ONEnet Ohio Project is designed to link all public K-12
classrooms
to each other and the Internet,
and to provide access
to voice,
video, and data educational
resources for students and
teachers.
The INFOhio Network is a network of library resources to
support the provision
of electronic resources to all public
schools with preference
given to elementary schools.
Consideration
should be given to
coordinating the allocation of
these moneys
with the efforts of
OhioLINK and the Ohio Public
Information
Network.
The JASON Project shall provide funding for statewide access
and a 75%
subsidy for statewide licensing of JASON content for
90,000 middle school
students statewide, and professional
development for teachers participating
in the program.
It is the intent of the General Assembly that the SchoolNet
Commission,
in conjunction with RISE Learning Solutions, shall
develop a
program that may
be conducted in conjunction with
state-supported
technology
programs including, but not limited to,
SchoolNet
Commission
appropriation item 228-406, Technical and
Instructional
Professional Development, and appropriation item
228-539,
Education Technology, designed to educate preschool staff
members
and providers on developmentally appropriate teaching
methods,
behavior guidance, and literacy and
to involve parents
more
closely in the education and development
of their children.
The
project shall include an interactive
instructional program,
delivered using satellite television, Internet, and with
facilitation, which shall be distributed to program
participants
using the established satellite receiver dishes on public schools,
Head Start centers, and childcare centers at up to 100 locations
throughout the state. The
interactive instructional program shall
be developed to enhance
the professional development, training,
and performance of
preschool staff members; the education and
care-giving skills of
the parents of preschool children; and the
preparation of
preschool-aged children for learning.
The project shall utilize the grant to continue a
direct-service program that shall include at least three
teleconferences that may be distributed by Ohio-based public
television
utilizing satellite or microwave technology in a manner
designed
to promote interactive communications between the program
participants located at sub-sites within the Ohio Educational
Broadcast Network or as determined by the commission. Program
participants shall communicate with trainers and participants at
other program sites through telecommunications and facsimile and
on-line computer technology. As much as possible, the project
shall utilize systems currently available in state-supported
technology programs and conduct the program in a manner that
promotes innovative, interactive communications between program
participants at all the sites. Parent support groups and teacher
training sessions shall supplement the teleconferences and shall
occur on a local basis.
RISE Learning Solutions may subcontract components of the
project.
Individuals eligible to participate in the program include
those children, their parents, custodians, or guardians, and
preschool staff members who are eligible to participate in a
preschool program as defined in division (A) of section 3301.52
and section 5104.02 of the Revised Code.
The programs, including two to be developed in support of
teacher proficiency in teaching reading to prekindergarten and
kindergarten to third grade students, at the direction of the
Department, may include: two three-hour broadcast seminars
from a
central up-link station, distributed in up to 88 counties;
high
production-value video sought in
various locations; and direct
interactive adult learning
activities. The program shall develop
program workbooks and
involve at least three small
group-facilitated follow-up
discussion workshops and development
and distribution of at least
two home videos. The program shall
also provide Internet access,
interactive lines, bulletin board,
and CD-ROM.
Upon completion of each of the school years for which the
grant was made, RISE Learning Solutions shall issue a report to
the commission
and the members of the General Assembly explaining
the goals and
objectives determined, the activities implemented,
the progress
made toward the achievement of the goals and
objectives, and the
outcome of the project.
Not later than August 30, 2001, after the approval of the
Director of
Budget and Management, the SchoolNet Commission shall
submit a budget for
the expected appropriations from the Tobacco
Settlement Education
Technologies Trust Fund to the Controlling
Board. The SchoolNet Commission
shall demonstrate to the
Controlling Board how the Commission's other
funding provided by
this act works with these additional appropriations.
In the event
that the funds in the Tobacco Settlement
Education Technologies
Trust Fund are not sufficient to cover the
appropriations for the
specific
projects listed in this section,
spending on every
project shall be reduced proportionately.
Section 102.03. There is hereby created the Ohio Schools
Technology Implementation Task Force. The Task Force shall
develop recommendations based upon the findings from the
Independent Review and Strategic Plan authorized to be completed
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of
the 123rd General Assembly, for a comprehensive framework for
coordinating the planning and implementation of technology in Ohio
schools. The Task Force shall examine and make long-term
recommendations for technology funding for Ohio's primary and
secondary schools as well as for the operational costs of the Ohio
SchoolNet Commission.
The Task Force shall be composed of six voting members, three
of whom shall be members of the Senate appointed by the President
of the Senate and three of whom shall be members of the House of
Representatives appointed by the Speaker of the House of
Representatives. Not more than two members from each house shall
be members of the same political party. From among these six
voting members, the President of the Senate and the Speaker of the
House of Representatives jointly shall appoint a chairperson of
the Task Force. The Task Force shall include as ex officio
nonvoting members the Superintendent of Public Instruction or the
Superintendent?s designee, the Director of Budget and Management
or the Director's designee, the Director of Administrative
Services or the Director's designee, the Executive Director of the
Ohio SchoolNet Commission or the Executive Director?s designee, a
representative designated by the head of the Ohio Education
Computer Network, a representative designated by the Chairperson
of the Public Utilities Commission of Ohio, a representative
appointed by the Chairperson of the Ohio Educational
Telecommunications Network Commission, a representative of Ohio?s
business community appointed by the President of the Senate, and a
representative from an educational service center appointed by the
Speaker of the House of Representatives. The voting members may,
by majority vote, elect to include any number of additional
nonvoting members.
The Legislative Service Commission shall provide any staffing
assistance requested by the Task Force. The Task Force shall
issue a report not later than December 1, 2002. Upon issuing its
report, the Task Force shall cease to exist.
Section 103. SOS SECRETARY OF STATE
GRF |
050-321 |
|
Operating Expenses |
|
$ |
3,300,000 |
|
$ |
3,300,000 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
146,963 |
|
$ |
154,882 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
231,400 |
|
$ |
327,600 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
26,210 |
|
$ |
27,622 |
TOTAL GRF General Revenue Fund |
|
$ |
3,704,573 |
|
$ |
3,810,104 |
General Services Fund Group
4S8 |
050-610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
412 |
050-607 |
|
Notary Commission |
|
$ |
166,284 |
|
$ |
171,273 |
413 |
050-601 |
|
Information Systems |
|
$ |
153,300 |
|
$ |
157,133 |
414 |
050-602 |
|
Citizen Education Fund |
|
$ |
80,000 |
|
$ |
70,000 |
TOTAL General Services Fund Group |
|
$ |
406,784 |
|
$ |
405,606 |
State Special Revenue Fund Group
5N9 |
050-607 |
|
Technology Improvements |
|
$ |
120,000 |
|
$ |
121,000 |
599 |
050-603 |
|
Business Services Operating Expenses |
|
$ |
11,880,000 |
|
$ |
11,979,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,000,000 |
|
$ |
12,100,000 |
Holding Account Redistribution Fund Group
R01 |
050-605 |
|
Uniform Commercial Code Refunds |
|
$ |
65,000 |
|
$ |
65,000 |
R02 |
050-606 |
|
Corporate/Business Filing Refunds |
|
$ |
185,000 |
|
$ |
185,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,361,357 |
|
$ |
16,565,710 |
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
Section 104. SEN THE OHIO SENATE
GRF |
020-321 |
|
Operating Expenses |
|
$ |
11,199,045 |
|
$ |
11,199,045 |
TOTAL GRF General Revenue Fund |
|
$ |
11,199,045 |
|
$ |
11,199,045 |
General Services Fund Group
102 |
020-602 |
|
Senate Reimbursement |
|
$ |
402,744 |
|
$ |
402,744 |
409 |
020-601 |
|
Miscellaneous Sales |
|
$ |
30,980 |
|
$ |
30,980 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
433,724 |
|
$ |
433,724 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,632,769 |
|
$ |
11,632,769 |
Section 105. CSF COMMISSIONERS OF THE SINKING FUND
071 |
155-901 |
|
Highway Obligations Bond Retirement Fund |
|
$ |
49,614,300 |
|
$ |
47,572,500 |
072 |
155-902 |
|
Highway Capital Improvements Bond Retirement Fund |
|
$ |
137,730,500 |
|
$ |
152,120,700 |
073 |
155-903 |
|
Natural Resources Bond Retirement |
|
$ |
19,001,100 |
|
$ |
22,101,900 |
076 |
155-906 |
|
Coal Research and Development Bond Retirement Fund |
|
$ |
8,971,700 |
|
$ |
9,420,300 |
077 |
155-907 |
|
State Capital Improvements Bond
Retirement Fund |
|
$ |
135,693,200 |
|
$ |
146,210,200 |
078 |
155-908 |
|
Common Schools Capital Facilities
Bond Retirement Fund |
|
$ |
36,418,800 |
|
$ |
55,336,300 |
079 |
155-909 |
|
Higher Education Capital Facilities
Bond Retirement Fund |
|
$ |
50,055,100 |
|
$ |
74,344,100 |
TOTAL DSF Debt Service Fund Group |
|
$ |
437,484,700 |
|
$ |
507,106,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
437,484,700 |
|
$ |
507,106,000 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are for the purpose of
paying debt service and financing costs on bonds or notes of the
state issued pursuant to the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary, such
amounts are appropriated.
Section 106. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
& AUDIOLOGYGeneral Services Fund Group
4K9 |
886-609 |
|
Operating Expenses |
|
$ |
352,727 |
|
$ |
372,348 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
352,727 |
|
$ |
372,348 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
352,727 |
|
$ |
372,348 |
Section 107. BTA BOARD OF TAX APPEALS
GRF |
116-321 |
|
Operating Expenses |
|
$ |
2,499,741 |
|
$ |
2,569,734 |
TOTAL GRF General Revenue Fund |
|
$ |
2,499,741 |
|
$ |
2,569,734 |
General Services Fund Group
439 |
116-602 |
|
Reproduction of Decisions |
|
$ |
7,500 |
|
$ |
7,500 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,500 |
|
$ |
7,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,507,241 |
|
$ |
2,577,234 |
Section 108. TAX DEPARTMENT OF TAXATION
GRF |
110-321 |
|
Operating Expenses |
|
$ |
87,611,076 |
|
$ |
89,566,509 |
GRF |
110-412 |
|
Child Support Administration |
|
$ |
92,939 |
|
$ |
90,006 |
GRF |
110-901 |
|
Property Tax Allocation - Taxation |
|
$ |
380,200,000 |
|
$ |
399,300,000 |
GRF |
110-906 |
|
Tangible Tax
Exemption - Taxation |
|
$ |
30,000,000 |
|
$ |
30,900,000 |
TOTAL GRF General Revenue Fund |
|
$ |
497,904,015 |
|
$ |
519,856,515 |
425 |
110-635 |
|
Tax Refunds |
|
$ |
860,000,000 |
|
$ |
875,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
860,000,000 |
|
$ |
875,000,000 |
General Services Fund Group
433 |
110-602 |
|
Tape File Account |
|
$ |
92,082 |
|
$ |
96,165 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
92,082 |
|
$ |
96,165 |
State Special Revenue Fund Group
4C6 |
110-616 |
|
International Registration Plan |
|
$ |
669,561 |
|
$ |
706,855 |
4R6 |
110-610 |
|
Tire Tax Administration |
|
$ |
65,000 |
|
$ |
65,000 |
435 |
110-607 |
|
Local Tax Administration |
|
$ |
29,517,404 |
|
$ |
24,189,026 |
436 |
110-608 |
|
Motor Vehicle Audit |
|
$ |
1,687,249 |
|
$ |
1,600,000 |
437 |
110-606 |
|
Litter Tax and Natural Resource Tax Administration |
|
$ |
594,726 |
|
$ |
625,232 |
438 |
110-609 |
|
School District Income Tax |
|
$ |
2,873,446 |
|
$ |
2,599,999 |
5N6 |
110-618 |
|
Kilowatt Hour Tax Administration |
|
$ |
85,000 |
|
$ |
85,000 |
5N7 |
110-619 |
|
Municipal Internet Site |
|
$ |
10,000 |
|
$ |
10,000 |
639 |
110-614 |
|
Cigarette Tax Enforcement |
|
$ |
161,168 |
|
$ |
168,925 |
642 |
110-613 |
|
Ohio Political Party Distributions |
|
$ |
800,000 |
|
$ |
800,000 |
688 |
110-615 |
|
Local Excise Tax Administration |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
36,763,554 |
|
$ |
31,150,037 |
Federal Special Revenue Fund Group
3J6 |
110-601 |
|
Motor Fuel Compliance |
|
$ |
33,000 |
|
$ |
33,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
33,000 |
|
$ |
33,000 |
Holding Account Redistribution Fund Group
R10 |
110-611 |
|
Tax Distributions |
|
$ |
2,000 |
|
$ |
2,000 |
R11 |
110-612 |
|
Miscellaneous Income Tax Receipts |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
7,000 |
|
$ |
7,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,394,799,651 |
|
$ |
1,426,142,717 |
LITTER CONTROL TAX ADMINISTRATION FUND
Notwithstanding section 5733.12 of the Revised Code, during
the period from
July 1, 2001, to June 30, 2002, the amount of
$594,726, and during the
period from July 1, 2002, to June 30,
2003, the amount of $625,232, received
by the Treasurer of State
under Chapter 5733. of the Revised Code, shall be
credited to the
Litter Control Tax Administration Fund (Fund 437).
INTERNATIONAL REGISTRATION PLAN AUDIT
The foregoing appropriation item 110-616, International
Registration Plan, shall be used pursuant to section 5703.12 of
the Revised
Code for audits
of persons with vehicles registered
under the International Registration Plan.
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK,
AND TANGIBLE TAX
EXEMPTION
The foregoing appropriation item 110-901, Property Tax
Allocation -
Taxation, is appropriated to
pay for the state's
costs
incurred due to the Homestead Exemption, the Manufactured
Home Property Tax Rollback, and the Property Tax Rollback. The
Tax Commissioner shall
distribute these funds directly to the
appropriate
local taxing
districts of the state, except for school
districts,
notwithstanding the provisions in sections 321.24 and
323.156 of
the Revised
Code, which provide for payment of the
Homestead
Exemption, the Manufactured Home Property Tax Rollback,
and Property Tax
Rollback by the Tax Commissioner to the
appropriate county treasurer and the
subsequent redistribution of
these funds to the appropriate local taxing
districts by the
county auditor.
The foregoing appropriation item 110-906, Tangible Tax
Exemption -
Taxation, is appropriated to
pay for the state's costs
incurred
due to the tangible personal
property tax exemption
required by division
(C)(3) of section
5709.01 of the Revised
Code. The Tax Commissioner shall
distribute to each county
treasurer the total amount certified by
the county
treasurer
pursuant to section 319.311 of the Revised
Code for all local
taxing
districts located in the county except
for school
districts, notwithstanding
the provision in section
319.311 of the
Revised Code which provides for
payment of the
$10,000 tangible
personal property tax exemption by the Tax
Commissioner to the
appropriate county treasurer for all local
taxing
districts
located in the county including school districts.
Pursuant to
division (G) of section 321.24 of the Revised Code,
the county
auditor shall
distribute the amount paid by the Tax
Commissioner
among the appropriate local
taxing districts except
for school
districts.
Upon receipt of these amounts, each local taxing district
shall distribute the
amount among the proper funds as if it had
been paid as real or tangible
personal property taxes. Payments
for the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation items 110-901, Property Tax
Allocation - Taxation, for the
Homestead Exemption, the
Manufactured Home Property Tax Rollback, and the
Property Tax
Rollback payments, and 110-906,
Tangible Tax
Exemption, for the
$10,000 tangible personal property tax
exemption payments, which
are determined to be necessary for these
purposes,
are
appropriated.
The foregoing appropriation item 110-635, Tax Refunds,
shall
be used to pay refunds as provided in section 5703.052 of the
Revised Code. If it is
determined that additional appropriations
are necessary, such amounts are appropriated.
Section 109. DOT DEPARTMENT OF TRANSPORTATION
Transportation Modes
GRF |
775-451 |
|
Public Transportation - State |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
GRF |
775-453 |
|
Waterfront Line Lease Payments - State |
|
$ |
1,786,000 |
|
$ |
0 |
GRF |
775-458 |
|
Elderly and Disabled Fare Assistance |
|
$ |
3,364,000 |
|
$ |
3,364,000 |
GRF |
776-465 |
|
Ohio Rail Development Commission |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
GRF |
776-466 |
|
Railroad Crossing and Grade
Separation |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
777-471 |
|
Airport Improvements - State |
|
$ |
3,409,876 |
|
$ |
3,000,576 |
GRF |
777-473 |
|
Rickenbacker Lease Payments - State |
|
$ |
600,000 |
|
$ |
600,000 |
TOTAL GRF General Revenue Fund |
|
$ |
39,159,876 |
|
$ |
36,964,576 |
Federal Special Revenue Fund Group
3B9 |
776-662 |
|
Rail Transportation - Federal |
|
$ |
600,000 |
|
$ |
600,000 |
TOTAL FSR Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
600,000 |
|
$ |
600,000 |
State Special Revenue Fund Group
4N4 |
776-663 |
|
Panhandle Lease Reserve Payments |
|
$ |
770,000 |
|
$ |
770,000 |
4N4 |
776-664 |
|
Rail Transportation - Other |
|
$ |
850,720 |
|
$ |
1,745,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,620,720 |
|
$ |
2,515,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
41,380,596 |
|
$ |
40,079,576 |
The foregoing appropriation item 777-473, Rickenbacker Lease
Payments - State, shall be used to meet scheduled payments
for the
Rickenbacker Port Authority. The Director of
Transportation shall
certify to the Director of Budget and
Management any
appropriations in appropriation item 777-473, Rickenbacker
Lease
Payments - State, that are not needed to make lease
payments for
the Rickenbacker Port Authority. Notwithstanding
section 127.14
of the Revised Code, the amount certified may be transferred by
the Director of Budget and Management to appropriation item
777-471, Airport
Improvements - State.
TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION
The Director of Budget and Management may approve requests
from the Department
of Transportation for the transfer of
appropriations between appropriation item
775-451, Public
Transportation - State, and appropriation item
775-458, Elderly
and
Disabled Fare Assistance. Transfers between
appropriation
items
shall be
made upon the written request of the
Director of
Transportation and with the
approval of the Director
of
Budget and
Management. Such transfers shall be
reported to the
Controlling
Board.
RAILROAD CROSSING AND GRADE SEPARATION
The foregoing appropriation item 776-466, Railroad
Crossing
and Grade Separation, shall be used to
fund the Rail Crossing
Safety Initiative, which will provide improvements to
communities
most affected by rail traffic and related issues.
AIRPORT IMPROVEMENTS - STATE
Of the foregoing appropriation item 777-471, Airport
Improvements - State, $500,000 in fiscal year 2002 shall be used
for the Lorain County Airport.
Section 110. TOS TREASURER OF STATE
GRF |
090-321 |
|
Operating Expenses |
|
$ |
10,510,560 |
|
$ |
12,717,120 |
GRF |
090-401 |
|
Office of the Sinking
|
|
$ |
596,736 |
|
$ |
614,640 |
|
|
|
Fund |
|
|
|
|
|
|
GRF |
090-402 |
|
Continuing Education |
|
$ |
460,150 |
|
$ |
513,600 |
GRF |
090-524 |
|
Police and Fire
|
|
$ |
43,000 |
|
$ |
40,000 |
|
|
|
Disability Pension |
|
|
|
|
|
|
GRF |
090-534 |
|
Police
& Fire Ad Hoc Cost
|
|
$ |
280,000 |
|
$ |
260,000 |
|
|
|
of Living |
|
|
|
|
|
|
GRF |
090-544 |
|
Police and Fire State
|
|
$ |
1,200,000 |
|
$ |
1,200,000 |
|
|
|
Contribution |
|
|
|
|
|
|
GRF |
090-554 |
|
Police and Fire Survivor
|
|
$ |
1,550,000 |
|
$ |
1,500,000 |
|
|
|
Benefits |
|
|
|
|
|
|
GRF |
090-575 |
|
Police and Fire Death
|
|
$ |
23,000,000 |
|
$ |
24,000,000 |
|
|
|
Benefits |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
37,640,446 |
|
$ |
40,845,360 |
425 |
090-635 |
|
Tax Refunds |
|
$ |
655,000,000 |
|
$ |
675,000,000 |
TOTAL Agency Fund Group |
|
$ |
655,000,000 |
|
$ |
675,000,000 |
General Services Fund Group
182 |
090-608 |
|
Financial Planning
|
|
$ |
12,944 |
|
$ |
13,682 |
|
|
|
Commissions |
|
|
|
|
|
|
4E9 |
090-603 |
|
Securities Lending Income
|
|
$ |
3,773,177 |
|
$ |
970,000 |
4NO |
090-611 |
|
Treasury Education
|
|
$ |
27,500 |
|
$ |
27,500 |
577 |
090-605 |
|
Investment Pool
|
|
$ |
662,000 |
|
$ |
600,000 |
|
|
|
Reimbursement |
|
|
|
|
|
|
605 |
090-609 |
|
Treasurer of State
|
|
$ |
760,000 |
|
$ |
1,270,000 |
|
|
|
Administrative Fund |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,235,621 |
|
$ |
2,881,182 |
State Special Revenue Fund Group
5C5 |
090-602 |
|
County Treasurer Education |
|
$ |
92,000 |
|
$ |
88,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
92,000 |
|
$ |
88,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
697,968,067 |
|
$ |
718,814,542 |
Section 110.01. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090-401, Office of
the
Sinking Fund, shall be used for financing and other costs incurred
by or
on behalf of the Commissioners of the Sinking Fund, the Ohio
Public Facilities Commission or its secretary, or the Treasurer of
State, with
respect to
State of Ohio
general obligation bonds or
notes, including, but not limited to,
printing, advertising,
delivery, rating fees and the procurement
of ratings, professional
publications, membership in professional organizations, and
services referred to in division (D) of
section 151.01 of the
Revised
Code. The General
Revenue Fund
shall be
reimbursed for
such costs by intrastate
transfer voucher
pursuant to a
certification by the Office of the
Sinking Fund of
the
actual
amounts used. The amounts necessary to
make such
reimbursements
are appropriated from the general
obligation bond
retirement
funds
created by the Constitution and
laws to the
extent such costs are
incurred.
Section 110.02. POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090-575, Police and Fire
Death Benefits, shall be disbursed annually by the Treasurer of
State at the beginning of each fiscal year to the Board
of
Trustees of the Ohio Police and Fire Pension
Fund. By the
twentieth day of June of each year, the Board of
Trustees of the
Ohio Police and Fire Pension Fund
shall certify to
the Treasurer
of State the
amount disbursed in
the current
fiscal year to
make
the payments
required by section
742.63 of the
Revised Code
and
shall return to
the Treasurer of
State moneys
received from
this
item but not
disbursed.
Section 111. UST PETROLEUM UNDERGROUND STORAGE TANK
RELEASE COMPENSATION BOARDState Special Revenue Fund Group
691 |
810-632 |
|
PUSTRCB Staff |
|
$ |
1,011,437 |
|
$ |
1,075,158 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,011,437 |
|
$ |
1,075,158 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,011,437 |
|
$ |
1,075,158 |
Section 112. TTA OHIO TUITION TRUST AUTHORITY
State Special Revenue Fund Group
645 |
095-601 |
|
Operating Expenses |
|
$ |
4,630,385 |
|
$ |
4,734,800 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,630,385 |
|
$ |
4,734,800 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,630,385 |
|
$ |
4,734,800 |
Section 113. OVH OHIO VETERANS' HOME
GRF |
430-100 |
|
Personal Services |
|
$ |
14,019,975 |
|
$ |
14,954,831 |
GRF |
430-200 |
|
Maintenance |
|
$ |
5,099,666 |
|
$ |
5,199,159 |
TOTAL GRF General Revenue Fund |
|
$ |
19,119,641 |
|
$ |
20,153,990 |
Federal Special Revenue Fund Group
3L2 |
430-601 |
|
Federal Grants |
|
$ |
9,823,259 |
|
$ |
10,059,342 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
9,823,259 |
|
$ |
10,059,342 |
State Special Revenue Fund Group
4E2 |
430-602 |
|
Veterans Home Operating |
|
$ |
5,288,525 |
|
$ |
5,583,806 |
484 |
430-603 |
|
Rental and Service Revenue |
|
$ |
457,060 |
|
$ |
509,737 |
604 |
430-604 |
|
Veterans Home Improvement |
|
$ |
725,699 |
|
$ |
670,096 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
6,471,284 |
|
$ |
6,763,639 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
35,414,184 |
|
$ |
36,976,971 |
Section 114. VET VETERANS' ORGANIZATIONS
VAP AMERICAN EX-PRISONERS OF WAR
GRF |
743-501 |
|
State Support |
|
$ |
25,030 |
|
$ |
25,030 |
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746-501 |
|
State Support |
|
$ |
55,012 |
|
$ |
55,012 |
VKW KOREAN WAR VETERANS
GRF |
747-501 |
|
State Support |
|
$ |
49,453 |
|
$ |
49,453 |
VJW JEWISH WAR VETERANS
GRF |
748-501 |
|
State Support |
|
$ |
29,715 |
|
$ |
29,715 |
VCW CATHOLIC WAR VETERANS
GRF |
749-501 |
|
State Support |
|
$ |
57,990 |
|
$ |
57,990 |
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750-501 |
|
State Support |
|
$ |
56,377 |
|
$ |
56,377 |
VVV VIETNAM VETERANS OF AMERICA
GRF |
751-501 |
|
State Support |
|
$ |
185,954 |
|
$ |
185,954 |
VAL AMERICAN LEGION OF OHIO
GRF |
752-501 |
|
State Support |
|
$ |
252,328 |
|
$ |
252,328 |
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM
GRF |
753-501 |
|
State Support |
|
$ |
237,919 |
|
$ |
237,919 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
166,308 |
|
$ |
166,308 |
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO
GRF |
755-501 |
|
State Support |
|
$ |
4,226 |
|
$ |
4,226 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
85,972 |
|
$ |
85,972 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
GRF |
757-501 |
|
State Support |
|
$ |
5,946 |
|
$ |
5,946 |
VFW VETERANS OF FOREIGN WARS
GRF |
758-501 |
|
State Support |
|
$ |
196,615 |
|
$ |
196,615 |
VWI VETERANS OF WORLD WAR I
GRF |
759-501 |
|
State Support |
|
$ |
24,780 |
|
$ |
24,780 |
TOTAL GRF General Revenue Fund |
|
$ |
1,433,625 |
|
$ |
1,433,625 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,433,625 |
|
$ |
1,433,625 |
The foregoing appropriation items 743-501, 746-501, 747-501,
748-501, 749-501,
750-501, 751-501, 752-501, 753-501, 754-501,
755-501, 756-501,
757-501, 758-501, and 759-501, State Support,
shall be released
upon approval by the Director of Budget and
Management.
AMERICAN EX-PRISONERS OF WAR
The American Ex-Prisoners of War shall be permitted to share
an office with
the Veterans of World War I.
CENTRAL OHIO UNITED SERVICES ORGANIZATION
Of the foregoing appropriation item 751-501, State Support,
Vietnam Veterans
of America,
$50,000 in each fiscal year shall be
used to support the activities of the
Central Ohio USO.
VETERANS SERVICE COMMISSION EDUCATION
Of the foregoing appropriation item 753-501, State Support,
Veterans of World War II-Korea-Vietnam, up to
$20,000 in each
fiscal year may be used to provide moneys to
the
Association of
County Veterans Service Commissioners to
reimburse
its member
county veterans service commissions for costs
incurred
in carrying
out educational and outreach duties required
under
divisions (E)
and (F) of section 5901.03 of the Revised
Code. Upon
the
presentation of an itemized statement to the
Office of
Veterans
Affairs, the office shall direct the Auditor of
State to
issue a
warrant upon the state treasury to the
association to
reimburse
member commissions for reasonable and
appropriate
expenses
incurred performing these duties. The
association shall
establish
uniform procedures for reimbursing
member commissions.
Section 115. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
471,003 |
|
$ |
496,731 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
471,003 |
|
$ |
496,731 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
471,003 |
|
$ |
496,731 |
Section 116. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
160,808,723 |
|
$ |
164,415,944 |
GRF |
470-402 |
|
Community Program Services |
|
$ |
740,907 |
|
$ |
839,490 |
GRF |
470-412 |
|
Lease Rental Payments |
|
$ |
17,376,700 |
|
$ |
18,739,900 |
GRF |
470-502 |
|
Detention Subsidies |
|
$ |
6,163,213 |
|
$ |
6,433,035 |
GRF |
470-510 |
|
Youth Services |
|
$ |
18,841,205 |
|
$ |
21,307,671 |
GRF |
472-321 |
|
Parole Operations |
|
$ |
16,680,042 |
|
$ |
17,246,018 |
GRF |
477-321 |
|
Administrative Operations |
|
$ |
14,814,953 |
|
$ |
15,934,443 |
TOTAL GRF General Revenue Fund |
|
$ |
235,425,743 |
|
$ |
244,916,501 |
General Services Fund Group
175 |
470-613 |
|
Education Reimbursement |
|
$ |
8,461,407 |
|
$ |
8,817,598 |
4A2 |
470-602 |
|
Child Support |
|
$ |
450,000 |
|
$ |
400,000 |
4G6 |
470-605 |
|
General Operational Funds |
|
$ |
10,000 |
|
$ |
10,000 |
479 |
470-609 |
|
Employee Food Service |
|
$ |
143,349 |
|
$ |
146,933 |
523 |
470-621 |
|
Wellness Program |
|
$ |
192,954 |
|
$ |
197,778 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,257,710 |
|
$ |
9,572,309 |
Federal Special Revenue Fund Group
3V9 |
470-608 |
|
Federal Juvenile Programs FFY 01 |
|
$ |
7,828,899 |
|
$ |
0 |
3W0 |
470-611 |
|
Federal Juvenile Programs FFY 02 |
|
$ |
0 |
|
$ |
7,828,899 |
3V5 |
470-604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
5,159,202 |
|
$ |
5,998,092 |
321 |
470-601 |
|
Education |
|
$ |
1,298,156 |
|
$ |
1,334,122 |
321 |
470-603 |
|
Juvenile Justice Prevention |
|
$ |
2,973,733 |
|
$ |
2,973,733 |
321 |
470-606 |
|
Nutrition |
|
$ |
2,800,000 |
|
$ |
2,800,000 |
321 |
470-610 |
|
Rehabilitation Programs |
|
$ |
83,500 |
|
$ |
83,500 |
321 |
470-614 |
|
Title IV-E Reimbursements |
|
$ |
5,700,000 |
|
$ |
5,700,000 |
321 |
470-617 |
|
Americorps Programs |
|
$ |
407,860 |
|
$ |
418,444 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
26,251,350 |
|
$ |
27,136,790 |
State Special Revenue Fund Group
147 |
470-612 |
|
Vocational Education |
|
$ |
2,012,665 |
|
$ |
2,090,392 |
4W3 |
470-618 |
|
Help Me Grow |
|
$ |
10,900 |
|
$ |
11,587 |
5J7 |
470-623 |
|
Residential Treatment Services |
|
$ |
0 |
|
$ |
500,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,023,565 |
|
$ |
2,601,979 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
272,958,368 |
|
$ |
284,227,579 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 470-412, Lease Rental
Payments, in the Department of Youth Services, shall be used for
payments, limited to the aggregate amount of $36,116,600, to the
Ohio Building Authority for the period from July 1, 2001, to June
30,
2003, pursuant to the primary leases and agreements for
facilities made under Chapter 152. of the Revised Code, which are
the source of funds pledged for bond service charges on related
obligations issued pursuant to Chapter 152. of the Revised Code.
In determining the amount of moneys necessary to fund the
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal
years 2002 and 2003, the Department of Youth Services shall
compute the number of state target youth for each fiscal year.
As
defined in section
5139.01 of the Revised Code,
"state target
youth" means twenty-five per
cent of the projected total number of
felony-level delinquency
adjudications in the juvenile courts for
each year of a biennium,
factoring in revocations and
recommitments. The foregoing
appropriation item 470-401, RECLAIM
Ohio, shall provide for
an amount not less than $98 per day for
each state target youth
or not less than $20,000 per year for each
state target youth for
each year of the biennium.
YOUTH SERVICES BLOCK GRANT
Of the foregoing appropriation item 470-510, Youth Services,
$50,000 in fiscal year 2002 shall be distributed directly to
Lighthouse Youth Services.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470-609, Employee Food Service, may
be used to
purchase any food operational items with funds received
into the fund from reimbursement for state surplus property.
The foregoing appropriation item 470-613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but
are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item shall not be used
for
capital expenses.
FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES
Pursuant to section 5139.281 of the Revised Code, funding
provided to a county for the operation and maintenance of each
home shall be in an amount of fifty per cent of the approved
annual operating cost, but shall not be in excess of $156,928 in
each fiscal year.
FEDERAL PROGRAM TRANSFER OF JUVENILE JUSTICE FROM THE OFFICE
OF CRIMINAL JUSTICE
SERVICES
On July 1, 2001, responsibility for a federal juvenile
justice program is transferred from the Office of Criminal
Justice Services to the Department of Youth Services. The
Department
of Youth Services thereupon and thereafter is successor
to,
assumes the obligations of, and otherwise provides for the
continuation of a federal juvenile justice program.
Any business relating to a federal juvenile justice program
commenced but not completed
by the Office of Criminal Justice
Services or its director prior to July 1, 2001, shall be
completed by the
Department of Youth Services or its director in
the same
manner,
and with the same effect, as if completed by the
Office of
Criminal Justice Services or its director. No
validation, cure,
right, privilege, remedy, obligation, or
liability is lost or
impaired by reason of the transfer. All of
the Office of Criminal
Justice Services' rules, orders, and
determinations continue in
effect as rules, orders, and
determinations of the Department of
Youth Services, until modified
or rescinded by the Department of
Youth Services. If necessary to
ensure the integrity of the
numbering of the Administrative Code,
the Director of the
Legislative Service Commission shall renumber
the Office of
Criminal Justice Services' rules for a federal
juvenile justice program to reflect the transfer of the program to
the
Department of Youth Services.
The employees of the Office of Criminal Justice Services
assigned to work with a federal juvenile justice program are
transferred to the Department of Youth Services and shall retain
their positions and all the benefits accruing thereto.
No action or proceeding pending on July 1, 2001, is affected
by the transfer, and any action or proceeding pending on July
1,
2001, shall be prosecuted or
defended in the name of the
Department of Youth Services or its
director. In all such actions
and proceedings, the Department of
Youth Services or its director
upon application to the court shall
be substituted as a party.
Section 117. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
or any increase in appropriation authority that the Controlling
Board approves pursuant to the provisions of sections 127.14,
131.35, and 131.39
of the Revised Code or any other provision of
law is appropriated for the period ending June 30,
2003.
Section 118. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear
the employer's
share of public employees' retirement, workers'
compensation,
disabled workers' relief, and all group insurance
programs; the
costs of centralized accounting, centralized
payroll
processing,
and related personnel reports and services;
the cost
of the Office
of Collective Bargaining; the cost of the
Personnel
Board of
Review; the cost of the Employee Assistance
Program; the
cost of
the Equal Opportunity Center; the costs of interagency
information
management infrastructure; and the cost
of
administering the state
employee merit system as required by
section 124.07 of the Revised
Code. These costs shall be
determined in conformity with
appropriate sections of law and
paid
in accordance with procedures
specified by the Office of
Budget
and Management. Expenditures
from appropriation item 070-601,
Public Audit Expense - Local
Government, in Fund 422 may be exempted
from the
requirements of
this section.
Section 119. REISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants pursuant to section 117.47 of the Revised Code, there is
appropriated, out of moneys in the state treasury from the
fund
credited as provided in section 117.47 of the Revised Code,
that
amount sufficient to pay such warrants when approved by the
Office
of Budget and Management.
Section 120. * CAPITAL PROJECT SETTLEMENTS
This section specifies an additional and supplemental
procedure to provide for payments of judgments and settlements if
the Director of Budget and Management determines, pursuant to
division (C)(4) of section 2743.19 of the Revised Code, that
sufficient unencumbered moneys do not exist in the particular
appropriation to pay the amount of a final judgment rendered
against the state or a state agency, including the settlement of
a
claim approved by a court, in an action upon and arising out of
a
contractual obligation for the construction or improvement of a
capital facility if the costs under the contract were payable in
whole
or in part from a state capital projects appropriation. In
such a
case, the director may either proceed pursuant to division
(C)(4)
of section 2743.19 of the Revised Code, or apply to the
Controlling
Board to increase an
appropriation or create an
appropriation out of any unencumbered
moneys in the state treasury
to the credit of the capital
projects fund from which the initial
state appropriation was
made. The Controlling Board may approve
or disapprove the
application as submitted or modified. The
amount of an increase
in appropriation or new appropriation
specified in an application
approved by the Controlling Board is
hereby appropriated from the
applicable capital projects fund and
made available for the
payment of the judgment or settlement.
If the director does not make the application authorized by
this section or the Controlling Board disapproves the
application,
and the director does not make application pursuant
to division
(C)(4) of section 2743.19 of the Revised Code, the director shall
for the purpose of making that payment request to the General
Assembly as provided for in division (C)(5) of that section.
Section 121. INCOME TAX DISTRIBUTION TO COUNTIES
There are hereby appropriated out of any moneys in the
state
treasury to the credit of the General Revenue Fund, which
are not
otherwise appropriated, funds sufficient to make any
payment
required by division (B)(2) of section 5747.03 of the
Revised
Code.
Section 122. SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Any appropriation may be used for the
purpose
of satisfying
judgments or settlements in connection with
civil actions
against
the state in federal court not barred by
sovereign immunity or the
Eleventh Amendment to the Constitution
of the United States, or
for the
purpose of satisfying judgments,
settlements, or
administrative awards
ordered or approved by the
Court of Claims
in connection with civil actions
against the
state, pursuant to
section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This
authorization does not apply to
appropriations to be
applied to or
used for payment of guarantees
by or on behalf of the state, for
or relating to lease payments or
debt service on bonds, notes, or
similar obligations and those
from
the Sports Facilities Building
Fund (Fund 024), the Highway
Safety Building
Fund (Fund 025), the
Administrative Building Fund
(Fund 026), the Adult
Correctional
Building Fund (Fund 027), the
Juvenile Correctional Building Fund
(Fund 028), the Transportation
Building Fund (Fund 029), the Arts
Facilities
Building Fund (Fund
030), the Natural Resources
Projects Fund (Fund 031), the
School
Building Program Assistance
Fund (Fund 032), the Mental Health
Facilities Improvement Fund
(Fund 033), the Higher Education
Improvement Fund
(Fund 034), the
Parks and Recreation Improvement
Fund (Fund 035), the State
Capital Improvements Fund (Fund 038),
the Highway Obligation Fund
(Fund 041),
the Coal
Research/Development Fund (Fund 046),
and any
other fund into
which proceeds of obligations are deposited.
Nothing contained in
this section is intended to subject the state
to suit in
any forum
in which it is not otherwise subject to suit,
nor is it intended
to
waive or compromise any defense or right
available to the state
in any suit
against it.
Section 123. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
The maximum amounts that may be assessed against nuclear
electric utilities in
accordance with division (B)(2) of section
4937.05 of the Revised Code are as
follows:
|
|
|
FY 2002 |
|
FY 2003 |
Department of Agriculture |
|
|
|
|
|
Fund 4E4 Utility Radiological Safety |
|
$69,016 |
|
$73,059 |
Department of Health |
|
|
|
|
|
Fund 610 Radiation Emergency Response |
|
$870,505 |
|
$923,315 |
Environmental Protection Agency |
|
|
|
|
|
Fund 644 ER Radiological Safety |
|
$242,446 |
|
$255,947 |
Emergency Management Agency |
|
|
|
|
|
Fund 657 Utility Radiological Safety |
|
$874,602 |
|
$927,241 |
Section 124. UNCLAIMED FUNDS TRANSER
Notwithstanding division (A) of section 169.05 of the Revised
Code, prior to June 30, 2003, upon the request of the Director of
Budget and Management, the Director of Commerce shall transfer to
the General Revenue Fund up to $30,000,000 of the unclaimed funds
that have been reported by the holder of unclaimed funds as
provided by section 169.05 of the Revised Code, irrespective of
the allocation of the unclaimed funds under that section.
Section 125. GRF TRANSER TO FUND 5N4, ERP PROJECT
IMPLEMENTATION
On July 1, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer $2,432,110 in
cash from the General Revenue Fund to Fund 5N4, ERP Project
Implementation. On July 1, 2002, or as soon thereafter as
possible, the Director of Budget and Management shall transfer
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP
Project Implementation.
Section 126. CORPORATE AND UCC FILING FUND TRANSFER TO GRF
No later than the first day of June in each year of the
biennium, the Director of Budget and Management shall transfer
$1,000,000 from the Corporate and Uniform Commercial Code Filing
Fund to the
General Revenue Fund.
Section 127. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this
purpose, such amounts are appropriated.
Section 128. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF
STATE
Certain appropriations are in this act for the purpose of
making
lease payments pursuant to leases and agreements relating
to bonds or notes issued by the
Ohio Building Authority or the
Treasurer of State or, previously, by the Ohio Public Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary for this
purpose, such amounts are
appropriated.
Section 129. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS
The Office of Budget and Management shall initiate and
process disbursements from lease rental payment appropriation
items during the period from July 1, 2001, to June 30, 2003,
pursuant to leases and agreements relating to bonds or notes
issued under
Section 2i of Article VIII, Ohio Constitution, and
Chapters 154.
and 3318. of the Revised Code. Disbursements shall
be made upon
certification by the Treasurer of State of the dates
and amounts
due on those dates.
Section 130. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated
by
or pursuant to the applicable proceedings authorizing the
issuance
of state obligations, amounts computed at the time to
represent
the portion of investment income to be rebated or
amounts in lieu
of or in addition to any rebate amount to be paid
to the federal
government in order to maintain the exclusion from
gross income
for federal income tax purposes of interest on those
state
obligations pursuant to section 148(f) of the Internal
Revenue
Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 131. TRANSFERS FROM SPECIFIED FUNDS
Notwithstanding any other provision of law to the contrary,
the Commissioners of the Sinking Fund shall transfer the balance
remaining after provision for payment of all outstanding bonds or
notes, coupons, and charges, from the Improvement Bond Retirement
Fund, the Public Improvement Bond Retirement Fund, and the
Development Bond Retirement Fund, to the General Revenue Fund as
expeditiously as possible upon this act taking effect.
Notwithstanding any other provision of law to the contrary,
the Commissioners of the Sinking Fund shall transfer the balance
remaining after provision for payment of all outstanding bonds or
notes, coupons, and charges, from the Highway Improvement Bond
Retirement Fund, to the Highway Operating Fund as expeditiously as
possible upon taking effect of this act.
Section 132. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
REESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of
Budget and Management
as provided by section 126.15 of the Revised Code is
appropriated.
Any amounts necessary to reestablish appropriations or
encumbrances as provided in section 126.15 of the Revised Code are
appropriated.
Section 133. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management is authorized
to cancel and reestablish all or parts of encumbrances in like
amounts within the funds identified by the plan. The amounts
necessary to reestablish all or parts of encumbrances are
appropriated.
Section 134. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs pursuant to section 126.12 of the Revised Code,
the
amount required for such purpose is appropriated from
the
available receipts of such fund.
Section 135. GRF TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of
Budget and Management pursuant to this section shall
not exceed
the amounts
transferred into the General Revenue Fund
pursuant to division
(B) of section
126.12 of the Revised Code.
A director of an agency may certify to the Director of Budget
and
Management the amount of expenses not allowed to be included
in the Statewide
Indirect Cost Allocation plan pursuant to federal
regulations, from any fund
included in the Statewide Indirect Cost
Allocation plan, prepared as required
by section 126.12 of the
Revised Code.
Upon determining
that no alternative source of funding is
available to pay for such expenses,
the Director of Budget and
Management may transfer from the General Revenue
Fund into the
fund for which the certification is made, up to the amount of
the
certification. The director of the agency receiving such funds
shall
include, as part of the next budget submission prepared
pursuant to section
126.02 of the Revised Code, a request for
funding for such activities from an
alternative source such that
further federal disallowances would not be
required.
Section 136. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES OF
OPERATING APPROPRIATIONS
An unexpended balance of an operating appropriation or
reappropriation
that a state
agency lawfully encumbered prior
to
the close of a
fiscal year is reappropriated on the
first day of
July of the
following fiscal year from the
fund from
which it was
originally
appropriated or
reappropriated for the
following period
and shall
remain available only for
the purpose
of discharging the
encumbrance:
(A) For an encumbrance for
personal
services, maintenance,
equipment, or items for resale, other than an
encumbrance for an
item of special order manufacture not available on term
contract
or in the open market or for reclamation of land or oil and gas
wells for a period of not more than five months from the end of
the fiscal
year;
(B) For an encumbrance for an item of special order
manufacture not available
on term contract or in the open market,
for a period of not more than five
months from the end of the
fiscal year or, with the written
approval of the Director of
Budget and Management, for a period of not more
than twelve months
from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and
gas wells, for a
period ending when the encumbered appropriation
is expended or for a period of two years, whichever is less;
(D) For an encumbrance for any other expense,
for such
period as the director approves, provided such period does not
exceed two years.
Any operating appropriations for which unexpended balances
are reappropriated
beyond a five-month
period from the end of the
fiscal year, pursuant to
division (B) of this section, shall be
reported to the Controlling
Board by the
Director of Budget and
Management by the thirty-first day of
December of each year. The
report on each such item shall include
the item,
the cost of the
item, and the name of the vendor. This report to
the board shall
be updated on a
quarterly basis for encumbrances
remaining open.
Upon the expiration of the reappropriation period set out in
divisions (A), (B), (C), or (D) of this section,
a
reappropriation
made pursuant to this section lapses, and
the Director
of Budget
and Management shall cancel the encumbrance
of the unexpended
reappropriation no later than the end of the
weekend following the
expiration
of
the reappropriation period.
Notwithstanding the preceding paragraph, with the approval of
the Director of Budget and Management, an unexpended balance of an
encumbrance that was reappropriated on the first day of July
pursuant to this section for a period specified in division (C) or
(D) of this section and that remains encumbered at the close of
the fiscal biennium is hereby reappropriated pursuant to this
section on the first day of July of the following fiscal biennium
from the fund from which it was originally appropriated or
reappropriated for the applicable period specified in division (C)
or (D) of this section and shall remain available only for the
purpose of discharging the encumbrance.
If the Controlling Board approved a purchase, that approval
remains in effect
as long as the appropriation used to make
that
purchase remains encumbered.
Section 137. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget
and Management, in order to reduce the payment
of adjustments to the federal
government, as determined by the
plan prepared pursuant to division (A) of
section 126.12 of the
Revised Code, may designate such funds as the director
considers
necessary to retain their own interest earnings.
Section 138. FAMILY SERVICES STABILIZATION FUND
The Director of Budget and Management shall transfer the $100
million balance in the Family Services Stabilization Fund at the
end of fiscal year 2001 to the General Revenue Fund.
Section 139. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT
DISTRIBUTIONS
(A) On or before the third day of each month of the period
July 2001 through May 2002, the Tax Commissioner shall determine
the amounts credited under sections 5727.45, 5733.12, 5739.21,
5741.03, and 5747.03 of the Revised Code, respectively, to the
Local Government Fund, to the Library and Local Government Support
Fund, and to the Local Government Revenue Assistance Fund in the
twelfth preceding month. On or before June 3, 2002, the Tax
Commissioner shall determine the amounts credited under sections
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised
Code, respectively, to the Local Government Fund, to the Library
and Local Government Support Fund, and to the Local Government
Revenue Assistance Fund in June 2000. For purposes of this
section, any amount transferred during the period January 1, 2001,
through June 30, 2001 to the Local Government Fund, to the Local
Government Revenue Assistance Fund, or to the Library and Local
Government Support Fund under section 131.44 of the Revised Code
shall be considered to be an amount credited to that respective
fund under section 5747.03 of the Revised Code.
Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03,
and 5747.03 of the Revised Code to the contrary, for each month in
the period July 1, 2001, through June 30, 2003, from the public
utility excise, corporate franchise, sales, use, and personal
income taxes collected:
(1) An amount shall first be credited to the Local Government
Fund that equals the amount credited to that fund from that tax
according to the schedule in division (B) of this section.
(2) An amount shall next be credited to the Local Government
Revenue Assistance Fund that equals the amount credited to that
fund from that tax according to the schedule in division (B) of
this section.
(3) An amount shall next be credited to the Library and Local
Government Support Fund that equals the amount credited to that
fund from that tax according to the schedule in division (B) of
this section.
(B) The amounts shall be credited from each tax to each
respective fund as follows:
(1) In July 2001 and July 2002, the amounts credited in July
2000;
(2) In August 2001 and August 2002, the amounts credited in
August 2000;
(3)
In September 2001 and September 2002, the amounts
credited in September 2000;
(4)
In October 2001 and October 2002, the amounts credited in
October 2000;
(5)
In November 2001 and November 2002, the amounts credited
in November 2000;
(6) In December 2001 and December 2002, the amounts credited
in December 2000;
(7) In January 2002 and January 2003, the amounts credited
in January 2001;
(8)
In February 2002 and February 2003, the amounts credited
in February 2001;
(9) In March 2002 and March 2003, the amounts credited in
March 2001;
(10) In April 2002 and April 2003, the amounts credited in
April 2001;
(11)
In May 2002 and May 2003, the amounts credited in May
2001;
(12) In June 2002 and June 2003, the amounts credited in June
2000.
(C) Notwithstanding section 5727.84 of the Revised Code to
the contrary, for the period July 1, 2001, through June 30, 2003,
no amounts shall be credited to the Local Government Fund or to
the Local Government Revenue Assistance Fund from the kilowatt
hour tax, and such amounts that would have otherwise been required
to be credited to such funds shall instead be credited to the
General Revenue Fund. Notwithstanding section 131.44 of the
Revised Code to the contrary, for the period July 1, 2001, through
June 30, 2003, no amounts shall be transferred to the Local
Government Fund, the Local Government Revenue Assistance Fund, or
the Library and Local Government Support Fund from the Income Tax
Reduction Fund, and such amounts that would have otherwise been
transferred to such funds from the Income Tax Reduction Fund shall
instead be transferred to the General Revenue Fund.
Notwithstanding any other provision of law to the contrary,
the Tax Commissioner shall compute separate adjustments to the
amounts credited from the public utility excise, corporate
franchise, sales, use, and personal income taxes to the Local
Government Fund, the Local Government Revenue Assistance Fund, and
the Library and Local Government Support Fund during July 2001.
The adjustments shall equal the amount credited to each respective
fund from each respective tax during June 2000 minus the amount
credited to that fund from that tax during June 2001. If an
adjustment is a positive amount, during July 2001, such amount
shall be credited to the Local Government Fund, the Local
Government Revenue Assistance Fund, or the Library and Local
Government Support Fund, as appropriate, and shall be deducted
from the General Revenue Fund. If an adjustment is a negative
amount, during July 2001, such amount shall be deducted from the
Local Government Fund, the Local Government Revenue Assistance
Fund, or the Library and Local Government Support Fund, as
appropriate, and shall be credited to the General Revenue Fund.
Any amount remaining in the Local Government Fund, the Local
Government Revenue Assistance Fund, or the Library and Local
Government Support Fund after the distributions from such funds
are made to local governments in August 2001, shall be certified
by the Tax Commissioner to the Director of Budget and Management
by August 15, 2001, and the Director of Budget and Management
shall transfer such amount from each respective fund to the
General Revenue Fund by August 31, 2001.
For purposes of this section, "pro rata share" means the
percentage calculated for each county and used in each month of
the period July 2000 through June 2001 to distribute the amounts
credited to the Library and Local Government Support Fund in
accordance with section 5747.47 of the Revised Code.
Notwithstanding any other provision of law to the contrary,
in July 2001, each county undivided library and local government
support fund shall receive from the Library and Local Government
Support Fund an amount equal to the amount it would have received
pursuant to section 5747.47 of the Revised Code for that month,
minus its pro rata share of any amount that has been or shall be
transferred from the Library and Local Government Support Fund to
the OPLIN Technology Fund in that month.
In
August 2001, each
county undivided library and local government
support fund shall
receive from the Library and Local Government
Support Fund an
amount equal to the amount it received from that
fund in July 2000
and August 2000 minus the amount it received
from that fund in
July 2001 and minus its pro rata share of any amount transferred
from that fund to the OPLIN Technology Fund in July 2001 or August
2001. In August 2001, each county undivided
local government fund
shall
receive from the Local Government
Fund, each municipality
that
receives a distribution directly from
the Local Government
Fund
shall receive from that fund, and each
county undivided local
government revenue assistance fund shall
receive from the Local
Government Revenue Assistance Fund an
amount equal to the
amount
it received from that respective fund
in July 2000 and
August 2000
minus the amount it received from
that respective fund
in July
2001. In each month of the periods
September 1, 2001,
through June
30, 2002, and September 1, 2002,
through June 30,
2003,
each
county undivided local government fund
shall receive
from the
Local Government Fund, each municipality
that receives a
distribution directly from the Local Government
Fund shall receive
from that fund, each county undivided local
government revenue
assistance fund shall receive from the Local
Government Revenue
Assistance Fund, and each county undivided
library and local
government support fund shall receive from the
Library and Local
Government Support Fund, the same amount it
received from that
respective fund in the corresponding month of
the period September
1, 2000, through June 2001. In each month of
the period July 1,
2002, through August 31, 2002, and in the month
of July 2003, each
county undivided local government fund shall
receive from the
Local Government Fund, each municipality that
receives a
distribution directly from the Local Government Fund
shall receive
from that fund, each county undivided local
government revenue
assistance fund shall receive from the Local
Government Revenue
Assistance Fund, and each county undivided
library and local
government support fund shall receive from the
Library and Local
Government Support Fund, the same amount it
received from that
respective fund in the corresponding month of
the period July 1,
2000, through August 31, 2000. If during any month of the period
September 1, 2001, through July 31, 2003, a transfer is made from
the Library and Local Government Support Fund to the OPLIN
Technology Fund, the amount distributed to each county undivided
library and local government support fund shall be reduced by its
pro rata share of the amount transferred.
During the period July 1, 2001, through July 31, 2003, the
Director of Budget and Management shall issue those directives to
state agencies that are necessary to ensure that the appropriate
amounts are distributed to the Local Government Fund, to the Local
Government Revenue Assistance Fund, and to the Library and Local
Government Support Fund to accomplish the purposes of this
section.
Section 140. BUDGET STABILIZATION FUND TRANSFERS FOR THE
DEPARTMENT OF JOB AND FAMILY SERVICES
Notwithstanding section 131.43 and division (D) of section
127.14 of the Revised Code, if the Director of Budget and
Management, in consultation with the Director of
Job and Family
Services, determines that Medicaid
expenditures for the biennium
are likely to exceed the amounts
appropriated in the Department of
Job and Family Services appropriation item
600-525, Health
Care/Medicaid, the Director of Budget and
Management may, with
Controlling Board approval, tranfer up to
$150 million in cash
from the Budget Stabilization Fund to the General
Revenue Fund and
increase the appropriation to appropriation item 600-525,
Health
Care/Medicaid, accordingly. In increasing the appropriation to
appropriation item 600-525, Health Care/Medicaid, the Director of
Budget and Management shall add to the amount transferred from the
Budget Stabilization Fund appropriation amounts that are
attributable to the federal match that is indicated by the state
and federal division of appropriation item 600-525, Health
Care/Medicaid, as represented in this act. Before any transfers
are
authorized, the Director of Budget and Management shall
exhaust
the possibilities for transfers of moneys within the
Department of
Job and Family Services to meet the identified
shortfall.
Section 141. BUDGET STABILIZATION FUND TRANSFERS TO THE
EMERGENCY PURPOSES FUND
Notwithstanding section 131.43 of the Revised Code and
division (D) of section 127.14 of the Revised Code, the Director
of Budget and Management may, with Controlling Board approval,
transfer up to $5 million, in each of fiscal years 2002 and 2003,
from the Budget Stabilization Fund to the Emergency Purposes Fund
of the Controlling Board, which is hereby created in the state
treasury, and establish the necessary appropriation authority. The
Controlling Board may, at the request of any state agency or the
Director of Budget and Management, transfer all or part of the
moneys in the fund for the purpose of providing disaster and
emergency situation aid to state agencies and political
subdivisions in the event of disasters and emergency situations.
Section 142. TRANSFERS TO THE GENERAL REVENUE FUND
Notwithstanding any other provision of law to the contrary,
if the Director of Budget and Management determines that revenues
to the General Revenue Fund in fiscal years 2002 and 2003 are
insufficient to cover agency appropriations for fiscal years 2002
and 2003, the Director of Budget and Management is hereby
authorized to selectively transfer to the General Revenue Fund up
to $30 million from non-federal, non-General Revenue Fund funds
that are not constitutionally restricted and that have sufficient
balances to support the transfer.
Section 143. That Section 5 of Am. Sub. S.B. 50 of the 121st
General
Assembly, as most recently amended by Am. Sub. H.B. 283 of
the 123rd
General Assembly,
be amended to read as follows:
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of
the 121st
General Assembly shall take effect
July 1, 2001
October 16, 2003."
Section 144. That existing Section 5 of Am. Sub. S.B. 50 of
the 121st General
Assembly, as most recently amended by Am. Sub.
H.B. 283 of the 123rd General
Assembly, is hereby repealed.
Section 145. That Section 153 of Am. Sub. H.B. 117 of the
121st General
Assembly, as most recently amended by Am. Sub. H.B.
283 of the 123rd General
Assembly, be amended to read as follows:
"Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04,
5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,
5112.18, 5112.19,
5112.21, and 5112.99 of the Revised
Code
are
hereby
repealed, effective
July 1
October 16,
2001
2003.
(B) Any money remaining in the Legislative Budget Services
Fund
on
July 1
October 16,
2001
2003, the date that section
5112.19 of the
Revised
Code is repealed by division
(A) of this
section, shall be used
solely for the purposes
stated in then
former section 5112.19 of
the Revised Code. When all
money in the
Legislative Budget
Services Fund has been spent after then former
section 5112.19 of
the
Revised Code is repealed under division (A)
of this section,
the fund shall
cease to exist."
Section 146. That existing Section 153 of Am. Sub. H.B. 117
of the 121st
General Assembly, as most recently amended by Am.
Sub. H.B. 283 of the 123rd
General Assembly, is hereby repealed.
Section 147. That Section 3 of Am. Sub. H.B. 440 of the
121st
General Assembly, as most recently amended by Sub. S.B. 245
of the
123rd General Assembly, be amended to read as follows:
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 122.27
of the Revised Code are hereby repealed, effective July 1,
2001
2003."
Section 148. That existing Section 3 of Am. Sub. H.B. 440 of
the 121st General Assembly, as most recently amended by Sub. S.B.
245 of the 123rd General Assembly, is hereby repealed.
Section 149. That Section 3 of Am. Sub. H.B. 215 of the
122nd General
Assembly, as amended
by Am. Sub. H.B. 283 of the
123rd General Assembly, be amended to read as
follows:
"Sec. 3. Section 1751.68 of the Revised Code is hereby
repealed, effective
July 1, 2001
October 16, 2003."
Section 150. That existing Section 3 of Am. Sub. H.B. 215 of
the 122nd General
Assembly, as amended by Am. Sub. H.B. 283 of the
123rd General Assembly, is
hereby repealed.
Section 151. That Section 3 of Am. Sub. H.B. 621 of the
122nd
General Assembly, as most recently amended by Am. Sub. H.B.
283 of
the 123rd General Assembly, be amended to read as follows:
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and
901.83 of the Revised Code are hereby repealed, effective July 1,
2001
2003."
Section 152. That existing Section 3 of Am. Sub. H.B. 621 of
the 122nd General Assembly, as most recently amended by Am. Sub.
H.B. 283 of the 123rd General Assembly, is hereby repealed.
Section 153. That Section 9 of Am. Sub. S.B. 192 of the
123rd
General Assembly be amended to read as follows:
"Sec. 9. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of
the Law Enforcement Improvements Trust Fund (Fund J87) that are
not
otherwise appropriated.
AGO ATTORNEY GENERAL
CAP-716 |
|
Lab and Training Facility Improvements |
|
$ |
2,000,000 |
|
|
|
5,200,000 |
TOTAL Attorney General |
|
$ |
2,000,000 |
|
|
|
5,200,000 |
TOTAL Law Enforcement Improvements Trust Fund |
|
$ |
2,000,000 |
|
|
|
5,200,000" |
Section 154. That existing Section 9 of Am. Sub. S.B. 192 of
the 123rd General Assembly is hereby repealed.
Section 155. That Section 18 of Am. Sub. S.B. 192 of the
123rd General Assembly, as amended by Sub. S.B. 346 of the 123rd
General Assembly, be amended to read as follows:
"Sec. 18. (A) The Tobacco Oversight Accountability Panel is
hereby created. The committee shall consist of the Director of
Budget and Management or the Director's designee, three members of
the House of Representatives appointed by the Speaker of the House
of Representatives, no more than two of whom shall belong to the
same political party as the Speaker, and three members of the
Senate appointed by the President of the Senate, no more than two
of whom shall belong to the same political party as the President.
(B) The Panel shall develop appropriate achievement
benchmarks
for each of the following:
(1) The Tobacco Use Prevention and Cessation Trust Fund;
(2) The Law Enforcement Improvements Trust Fund;
(3) The Southern Ohio Agricultural and Community Development
Trust Fund;
(4) Ohio's Public Health Priorities Trust Fund;
(5) The Biomedical Research and Technology Transfer Trust
Fund;
(6) The Education Facilities Trust Fund;
(7) The Education Technology Trust Fund.
(C) On or before
July 1
December 31, 2001, the Panel
shall
submit a
report describing the achievement benchmarks
developed
under
division (B) of this section to the Governor, the
General
Assembly, and the chairpersons and ranking minority
members of the
finance committees of the Senate and House of
Representatives.
Upon submitting the report, the panel shall
cease to exist."
Section 156. That existing Section 18 of Am. Sub. S.B. 192
of the 123rd General Assembly, as amended by Sub. S.B. 346 of the
123rd General Assembly, is hereby repealed.
Section 157. That Section 4 of Am. S.B. 210 of the 123rd
General Assembly be amended to read as follows:
"Sec. 4. (A) There is hereby created the Civil Service
Review Commission. The Commission shall consist of the following
members:
(1) Three members of the Senate appointed by the President
of the
Senate, with at least one member from the minority party;
(2) Three members of the House of Representatives appointed
by
the Speaker of the House of Representatives, with at least one
member from the minority party;
(3) Nine members appointed by the Governor, of whom one
shall be
the Director of Administrative Services or the Director's
designee, one shall be from a union representing the largest
number of state
employees, one shall be from a union representing
the largest number of local
government employees, two shall be
recommended by a statewide organization
representing counties, two
shall be recommended by a statewide
organization representing
municipal corporations, and two shall
represent the public.
All appointments shall be made not later than one month after
the
effective date of this section
September 22, 2000. The
Commission shall be
co-chaired by a member of the House of
Representatives designated
by the Speaker of the House of
Representatives and a member of the
Senate designated by the
President of the Senate. The co-chairs
shall alternate chairing
meetings of the Commission by agreement
of the co-chairs.
(B) The Commission shall review civil service laws and
practice
under those laws in Ohio. In conducting the review, the
Commission shall conduct a comprehensive analysis of Ohio's civil
service laws as set forth in the Revised Code and associated
rules, including an analysis of how the laws and any
associated
rules are applied in practice by public entities across
Ohio.
Additionally, the Commission may review decisions of the
Personnel
Board of Review created in section 124.05 of the Revised
Code or
other administrative and judicial bodies to determine how
decisions of the Board or those other bodies influence the
interpretation or application of civil service laws. The
Commission also may review practices and innovations of public
entities in other states. The Commission may call witnesses and
review any other information that it determines to be appropriate
and may consider recommendations of the Governor's Management
Improvement Commission.
(C) Upon completion of its review under division (B) of this
section, but not later than
nine months after all of the
appointments have been made under division (A) of this section
December 31, 2001,
the Commission shall issue a report to the
President of the Senate
and the Speaker of the House of
Representatives. The report shall
identify current statutes,
rules, practices, and procedures and
shall make recommendations
for changes to those statutes, rules,
practices, and procedures
that the Commission determines necessary
to improve them. Upon
issuance of the report under this division,
the Commission ceases
to exist."
Section 158. That existing Section 4 of Am. S.B. 210 of the
123rd General Assembly is hereby repealed.
Section 159. That Section 28.43 of Sub. S.B. 245 of the
123rd
General Assembly be amended to read as follows:
"Sec. 28.43. SOC SOUTHERN STATE COMMUNITY COLLEGE
CAP-010 |
|
Basic Renovations |
|
$ |
132,297 |
CAP-019 |
|
New North Campus Facility |
|
$ |
249,553 |
CAP-022 |
|
Clinton County Facility |
|
$ |
405,381 |
Total Southern State Community College |
|
$ |
787,231 |
The amount reappropriated for the foregoing appropriation
item CAP-022, Clinton County Facility, shall be the sum of the
unencumbered and unallotted balances as of June 30, 2000, in
appropriation item CAP-022, plus $70,142."
Section 160. That existing Section 28.43 of Sub. S.B. 245 of
the 123rd General Assembly is hereby repealed.
Section 161. That Sections 10 and 13 of Am. Sub. S.B. 287 of
the
123rd General Assembly be amended to read as follows:
"Sec. 10. The excise tax imposed by section 5727.811 of the
Revised Code shall
first apply to
every natural gas
distributed
distribution company for all natural gas volumes billed by, or on
behalf of, the company on and
after July 1, 2001. Before that
date, a natural gas distribution
company shall register with the
Tax Commissioner in accordance
with section 5727.93 of the Revised
Code, as amended by
this act
Am. Sub. S.B. 287 of the 123rd
General Assembly.
Sec. 13. (A) The amendment or enactment by
this act
Am.
Sub.
S.B.
287 of the 123rd General Assembly of sections 5733.053,
5733.06,
5733.40, 5747.221, and 5747.24 of the Revised Code first
applies
to tax year 2002.
(B) The amendment by Am. Sub. S.B. 287 of the 123rd General
Assembly of section 5733.40 of the Revised Code applies to taxable
years beginning in 2001 or thereafter."
Section 162. That existing Sections 10 and 13 of Am. Sub.
S.B. 287 of
the 123rd General Assembly are hereby repealed.
Section 163. That Sections 129 and 180 of Am. Sub. H.B. 283
of the
123rd General Assembly be amended to read as follows:
"Sec. 129. MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY
BEDS
(A)
During
Notwithstanding sections 5123.042 and 5123.19 of
the Revised Code, during the period beginning July 1,
1999
2001,
and ending
June 30, 2001
October 15, 2003, the
Department
Director
of Mental Retardation and
Developmental Disabilities shall
not
issue
refuse to approve a proposal for the development
approval
for, nor
of residential facility beds or to issue a license
under
section 5123.19 of the Revised Code, new
residential
facility
if
the approval or issuance will result in an increase in
the number
of residential facility beds
for persons with mental retardation
or
developmental
disabilities, except
that the department may
approve
the
development or licensure, or both, of such
new beds in
an
emergency. The department shall adopt rules in accordance with
Chapter 119. of the Revised Code specifying what constitutes an
emergency for
the purposes of this section
including those
certified as
intermediate care facility for the mentally retarded
beds under
Title XIX of the
"Social Security Act," 79 Stat. 286
(1965), 42
U.S.C.A. 1396, as amended.
A modification,
replacement, or relocation of
existing beds in a
residential
facility licensed under section
5123.19 of the Revised
Code shall
not be considered an increase
described in this
division. The
director shall adopt rules in
accordance with
Chapter 119. of the
Revised Code specifying what
constitutes a
modification or
replacement of existing beds.
(B)
For the purposes of
Notwithstanding division (A) of this
section,
the
following shall not
be considered new beds:
(1) Beds relocated from one facility to another, if the
facility from which
the beds are relocated reduces the number of
its beds by the same number of
beds that are relocated to the
other facility;
(2) Beds to replace others that the Director of Health
determines no longer
comply with the standards of the Medical
Assistance Program established under
Chapter 5111. of the Revised
Code and Title XIX of the
"Social
Security Act,"
49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended
during the period beginning on
July 1, 2001, and ending on October 15, 2003, the director may
issue a license under section 5123.19 of the Revised Code to a
nursing
home described in section 5123.192 of the Revised Code if
the sole
purpose of the issuance is the relocation of existing
beds within
the same county. The director shall authorize under
this division
no additional beds beyond those being relocated.
Sec. 180.
(A) Divisions (A)(12) and (13) of section
5733.98
of the Revised
Code, as amended by
this act, and section 5733.42
of the
Revised
Code, as
enacted by
this act, shall first apply to
eligible training
costs
paid or incurred
on or after January 1,
2000. Section
5733.351 of
the Revised Code, as
enacted by
this
act
Am. Sub. H.B. 283 of the 123rd General Assembly, shall first
apply to qualified
research
expenses
paid or incurred on or after
January 1,
2001
2003.
(B) Notwithstanding division (C) of section 5733.42 of the
Revised Code, as
enacted by
this act, applications for a tax
credit certificate
filed
pursuant
to that section prior to the
date the Department of
Job and Family Services
comes into
existence shall be filed with
the Director of Development, and the
Director of Development shall
perform the duties otherwise
assigned to the
Director of Job and
Family Services under that
section until that date. Rules
adopted
pursuant to division (F)
of that section by the Director of
Development
shall continue in
effect on and after that date,
unless rescinded or amended
by the
Director of Job and Family
Services thereafter."
Section 164. That existing Sections 129 and 180 of Am. Sub.
H.B. 283
of the 123rd General Assembly are hereby repealed.
Section 165. That Section 1 of Sub. H.B. 574 of the 123rd
General Assembly be amended to read as follows:
"Sec. 1. (A)
Within thirty days after the effective date
of
this
act
Not later than January 31, 2001, a joint legislative
committee shall be appointed to
study the
impact of high
technology start-up businesses on
economic
development and small
businesses in this state and
certain other matters. The
committee
shall consist of seventeen
members, two of whom shall serve as
co-chairpersons,
as follows:
(1) Three members from the House of
Representatives, two of
whom shall be appointed by the Speaker of
the House of
Representatives and one of whom shall be appointed by the
Minority
Leader of the House of Representatives. The Speaker of the House
of
Representatives shall designate one of the members appointed by
the Speaker as
a co-chairperson of the committee.
(2) Three members from the Senate, two of
whom
shall be
appointed by the President of the Senate and one of whom
shall be
appointed by the Minority Leader of the Senate. The President of
the
Senate shall appoint one of the members appointed by the
President as a
co-chairperson of the committee.
(3) One former member of the House of Representatives
appointed
by the Speaker of the House of Representatives;
(4) One former member of the Senate appointed by the
President of
the Senate;
(5) One member, appointed by the Speaker of the House of
Representatives, who
shall represent the venture capital industry
in the state;
(6) One member, appointed by the President of the Senate,
who shall be an
attorney and an expert in high-technology legal
issues;
(7) Six members appointed by the Governor, three of whom
shall represent a
different private business association in the
state, one of
whom shall represent an Ohio labor organization,
one
of whom shall represent an Edison Center, as
defined in division
(A) of section 122.15 of the Revised Code,
and one of whom shall
be a member of the Governor's Small
Business Advisory Council;
(8) The Director of Development or the Director's designee.
(B) The members of the committee shall
serve without
compensation, but shall be reimbursed for their
actual and
necessary travel and other expenses incurred in the
performance of
their official duties as committee members.
Witnesses called to
testify before the committee shall be
reimbursed for their actual
and necessary travel expenses incurred
in attending committee
hearings. These and other expenses
associated with the
committee's performance of its functions shall
be paid from any
funds appropriated for the operation of
committees of the General
Assembly.
(C) The committee shall examine how to retain high
technology start-up
businesses in the state, the factors
motivating these businesses
to locate in the state or to relocate
out of the state, and the
overall impact of these businesses on
economic development and
small businesses in Ohio. The committee
shall submit a report
along with its recommendations based on the
study to the General
Assembly by
August
March 1,
2001
2002. Upon
submitting
its report and
recommendations, the committee shall
cease to
exist."
Section 166. That existing Section 1 of Sub. H.B. 574 of the
123rd General Assembly is hereby repealed.
Section 167. * That Sections 6.02, 9, and 23 of Am. Sub. H.B.
640
of
the 123rd General Assembly be amended to read as follows:
"Sec. 6.02. AFC ARTS AND SPORTS FACILITIES COMMISSION
CAP-047 |
|
Cincinnati Classical Music Hall of Fame |
|
$ |
300,000 |
CAP-053 |
|
Powers Auditorium Improvements |
|
$ |
500,000 |
CAP-059 |
|
Johnny Appleseed Museum Theatre |
|
$ |
200,000 |
CAP-818 |
|
Great Lakes League Baseball Stadium in Lake County |
|
$ |
350,000 |
CAP-819 |
|
Cooper Stadium Relocation Feasibility Study |
|
$ |
350,000 |
Total Arts And Sports Facilities Commission |
|
$ |
1,700,000 |
GREAT LAKES LEAGUE BASEBALL STADIUM IN LAKE COUNTY
Notwithstanding division (F) of section 3383.07 of the
Revised Code, all or a
portion of the foregoing appropriation item
CAP-818, Great Lakes League
Baseball Stadium in Lake County, may
be expended for the cost of preparing a
financial and development
plan or feasibility study, and purchasing
engineering and
architectural services, designs, plans, specifications,
surveys,
and estimates of costs for that Great Lakes League Baseball
Stadium
in Lake County. Any amount expended for that purpose from
the appropriation
shall count toward the maximum fifteen percent
of the construction cost of
the sports facility to be paid from
state funds.
COOPER STADIUM RELOCATION FEASIBILITY STUDY
Notwithstanding division (F) of section 3383.07 of the
Revised Code, all or a
portion of the foregoing appropriation item
CAP-819, Cooper Stadium Relocation
Feasibility Study, may be
expended for the cost of preparing a financial and
development
plan or feasibility study,
renovation, and purchasing engineering
and
architectural services, designs, plans, specifications,
surveys,
and estimates
of costs for that Cooper Stadium. Any
amount
expended for that purpose from
the appropriation shall
count
toward the maximum fifteen percent of the
construction cost
of the
sports facility to be paid from state funds.
Sec. 9. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Waterways Safety Fund (Fund 086), which are not
otherwise
appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-324 |
|
Cooperative Funding for Boating
|
|
$ |
5,600,000 |
|
|
Facilities |
|
|
6,600,000 |
CAP-874 |
|
Recreational Harbor Evaluation Project |
|
$ |
1,000,000 |
CAP-934 |
|
Operations Facilities Development |
|
$ |
800,000 |
Total Department of Natural Resources |
|
$ |
7,400,000 |
|
|
|
8,400,000 |
Total Waterways Safety Fund |
|
$ |
7,400,000 |
|
|
|
8,400,000 |
Sec. 23. All items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Parks and Recreation
Improvement Fund (Fund 035) created by
division (F) of section 154.22 of the
Revised Code, derived from
the proceeds of obligations heretofore and herein
authorized, to
pay costs of capital facilities, as defined in section 154.01
of
the Revised Code, for parks and recreation.
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-012 |
|
Land Acquisition |
|
$ |
3,150,000 |
CAP-113 |
|
East Harbor State Park Shoreline Stabilization |
|
$ |
850,000 |
CAP-234 |
|
State Parks Campgrounds, Lodges, and Cabins |
|
$ |
8,725,000 |
CAP-718 |
|
Grand Lake St. Mary's State Park |
|
$ |
150,000 |
CAP-748 |
|
Local Parks Projects |
|
$ |
4,409,000 |
CAP-787 |
|
Scioto Riverfront Improvements |
|
$ |
9,175,000 |
CAP-789 |
|
Great Miami Riverfront Improvements |
|
$ |
2,000,000 |
CAP-821 |
|
State Park Dredging and Shoreline Protection |
|
$ |
300,000 |
CAP-836 |
|
State Park Renovations/Upgrading |
|
$ |
50,000 |
CAP-876 |
|
Statewide Trails Program |
|
$ |
3,175,000 |
CAP-910 |
|
Scioto Peninsula Property Acquisition |
|
$ |
4,750,000 |
CAP-928 |
|
Statewide Accessibility Improvements |
|
$ |
125,000 |
CAP-931 |
|
Statewide Wastewater/Water Systems Upgrade |
|
$ |
2,000,000 |
Total Department of Natural Resources |
|
$ |
38,859,000 |
Total Parks and Recreation Improvement Fund |
|
$ |
38,859,000 |
All reimbursements received from the federal government for
any expenditures
made pursuant to this section shall be deposited
in the state treasury to the
credit of the Parks and Recreation
Improvement Fund (Fund 035).
Of the foregoing appropriation item CAP-748, Local Parks
Projects, $100,000
shall be
used for the Darke County Park
District;
$750,000
$500,000 shall be used for Erie
Metro Parks
Land
Acquisition; $40,000 shall be used for Grove City Fryer Park
Improvements; $60,000 shall be used for Ritter Park Improvements;
$125,000
shall be used for Highland Community Park Improvements;
$12,500 shall be used
for Big Prairie/Lakeville Park Improvements;
$25,000 shall be used for Holmes
County Park Improvements; $25,000
shall be used for Stockport Riverfront Park
Improvements; $50,000
shall be used for Silver Park Improvements; $50,000
shall be used
for New Philadelphia City Park Improvements; $100,000 shall be
used for Dover Park Improvements; $40,000 shall be used for
Newcomerstown Park
Improvements; $60,000 shall be used for
Sugarcreek Park Improvements; $20,000
shall be used for Dodge Park
Improvements; $20,000 shall be used for Grandview
Park
Improvements; $6,500 shall be used for Crossroads Park
Improvements; $38,000 shall be used for Wauseon Park Land
Acquisition;
$450,000 shall be used for Barberton Park
Improvements; $150,000 shall be used
for Black Swamp
Land
Acquisition
Improvements; $50,000 shall be used for Felicity Park
Improvements;
$50,000 shall be used for Cincinnati Whitewater
Canal Tunnel
Park;
$75,000 shall be used for the Walbridge Parks
Improvements;
$50,000
shall be used for the Village of Richwood
Parks; $112,000
shall be used for
the West Creek
Preserve - City
of Parma;
$100,000 shall be used by the West Creek
Preservation
Committee
for a West Creek Watershed Project; and $350,000 shall
be used for
Stark County
Parks.
LOCAL PARKS PROJECTS - RIVERFRONT PLAZA
Of the foregoing appropriation item CAP-748, Local Parks
Projects, $1,000,000
shall be used for Riverfront Plaza in
Cincinnati. The Director of Natural
Resources shall study and
determine
whether it is feasible and suitable to include the
Riverfront Plaza in the
state park system.
Of the foregoing appropriation item CAP-876, Statewide Trails
Program,
$2,000,000 shall be used for the Ohio to Erie Bike Trail
in Greene County,
Madison County, and Clark County;
$125,000 shall
be used for the Bike Path Extension in Delaware County;
$150,000
shall be used for the Village Green Hillside Bike/Hike Path in
Butler County; $150,000 shall be used for the Pleasant Run Creek
Bike/Hike
Path in Butler County; $500,000 shall be used for the
Delhi Nature Trail in
Hamilton County; $50,000 shall be used for
the New Richmond Bike Path; and
$50,000 shall be used for the Lake
to River Greenway Bike Path in Trumbull
County.
SCIOTO RIVERFRONT IMPROVEMENTS
Of the foregoing appropriation item CAP-787, Scioto
Riverfront Improvements,
$7,750,000 shall be used for Spring and
Long Park and $1,425,000 shall be used
for Whittier peninsula
property acquisition and demolition.
STATE PARK RENOVATIONS/UPGRADING
Of the foregoing appropriation item CAP-836, State Park
Renovations/Upgrading,
$50,000 shall be used for the Kennedy Stone
House Improvements in Salt Fork
State Park."
Section 168. * That existing Sections 6.02, 9, and 23 of Am.
Sub.
H.B. 640 of the 123rd General Assembly are hereby repealed."
Section 169. * That Sections 6.01 and 18 of Am. Sub. H.B.
640 of the 123rd General Assembly, as most recently amended by Am.
Sub. S.B. 346 of the 123rd General Assembly, be amended to read as
follows:
"Sec. 6.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-785 |
|
Rural Areas Historical Projects |
|
$ |
4,838,500
5,338,500 |
CAP-786 |
|
Rural Areas Community Improvements |
|
$ |
13,537,300 |
CAP-817 |
|
Urban Areas Community Improvements |
|
$ |
27,066,000 |
CAP-818 |
|
Community Theatre Renovations |
|
$ |
1,210,000 |
Total Department of Administrative Services |
|
$ |
46,651,800
47,151,800 |
RURAL AREAS HISTORICAL PROJECTS
From the foregoing appropriation item CAP-785, Rural Areas
Historical Projects, grants shall be made for the following
projects:
Euclid Beach Carousel |
|
$ |
500,000 |
Camden Town Hall and Opera House |
|
$ |
75,000 |
Historic Hopewell Church |
|
$ |
10,000 |
Preble County Historical Society |
|
$ |
150,000 |
Allen County Museum Building Expansion |
|
$ |
600,000 |
Allen County Railroad Museum |
|
$ |
50,000 |
John P. Parker Historic Site Restoration |
|
$ |
200,000 |
Grant Memorial Building |
|
$ |
185,000 |
Steamship William G. Mather Maritime Museum |
|
$ |
25,000 |
Bedford Historical Society |
|
$ |
250,000 |
Fulton County Historical Society Museum |
|
|
|
Rehabilitation |
|
$ |
50,000 |
Lyons and Area Historical Society Train Depot |
|
|
|
Restoration |
|
$ |
40,000 |
Middlefield Historical Society |
|
$ |
45,000 |
Hancock Historical Society-New |
|
|
|
Agriculture/Transportation Building |
|
$ |
150,000 |
Henry County Historical Society Building |
|
|
|
Improvements |
|
$ |
50,000 |
Holmes County Historic Building Improvements |
|
$ |
25,000 |
Holmes County Historical Society Victorian |
|
|
|
House |
|
$ |
30,000 |
Harvey Wells House Restoration |
|
$ |
100,000 |
Western Reserve Railroad Association Train |
|
|
|
Station Improvements |
|
$ |
10,000 |
Great Lakes Historical Society Renovations |
|
$ |
200,000 |
Monroe County Park District Parry Museum |
|
$ |
20,000 |
Morgan County Historical Society Building |
|
|
|
Renovations |
|
$ |
25,000 |
General Sheridan Monument Restoration |
|
$ |
6,000 |
Haydenville Museum |
|
$ |
7,500 |
Overland Inn Historical Site |
|
$ |
50,000 |
Spring Hill Historic Home |
|
$ |
100,000 |
Stan Hywet Hall and Gardens |
|
$ |
1,000,000 |
Gnadenhutten Historical Society |
|
$ |
15,000 |
Van Wert Historical Society Red Barn Project |
|
$ |
40,000 |
Marietta Lockmaster's House Renovation |
|
$ |
50,000 |
New Matamorus Historical Society Renovations |
|
$ |
25,000 |
Wayne County Historical Society |
|
$ |
150,000 |
Wood County Historic Courthouse |
|
$ |
1,000,000 |
Mt. Pleasant Historical Society |
|
$ |
10,000 |
Dennison Railroad Depot Museum |
|
$ |
95,000 |
RURAL AREAS COMMUNITY IMPROVEMENTS
From the foregoing appropriation item CAP-786, Rural Areas
Community Improvements, grants shall be made for the following
projects:
Southern Ohio Health Network Facility |
|
$ |
100,000 |
Allen County Reservoir Feasibility Study |
|
$ |
250,000 |
Belmont County Office Space |
|
$ |
30,000 |
Meigs County Industrial Park |
|
$ |
100,000 |
Lawrence County Industrial Park |
|
$ |
100,000 |
Gallia County Industrial Park |
|
$ |
100,000 |
Community Building - Belmont County |
|
$ |
2,000,000 |
Watt Center - Belmont County |
|
$ |
15,000 |
4-H Barn - Brown County |
|
$ |
50,000 |
People Working Cooperatively Facility |
|
|
|
Improvements |
|
$ |
75,000 |
Champaign YMCA |
|
$ |
200,000 |
Clermont County Courthouse |
|
$ |
50,000 |
Clermont County Visitor Information Center |
|
$ |
50,000 |
Clinton County Firing Range |
|
$ |
50,000 |
Coshocton Infrastructure Improvements |
|
$ |
150,000 |
Bethlehem Water Well |
|
$ |
2,700 |
West Lafayette Municipal Building Roof |
|
$ |
7,200 |
Tuscarawas Township Safety Improvements |
|
$ |
10,000 |
Village of Warsaw Improvements |
|
$ |
39,100 |
Coshocton Softball Field Lighting Improvements |
|
$ |
20,000 |
Defiance/Williams Flood Mitigation Project |
|
$ |
1,350,000 |
Bellepoint Bridge Reconstruction |
|
$ |
75,000 |
West After-School Center |
|
$ |
50,000 |
Gallia County Water Projects |
|
$ |
25,000 |
Fairmount Fine Arts Center |
|
$ |
40,000 |
Guernsey Infrastructure Improvements |
|
$ |
100,000 |
Tornado Warning Sirens - Guernsey County |
|
$ |
60,000 |
Old Kenton Armory Improvements |
|
$ |
100,000 |
Court House/City Hall Improvements - Highland |
|
|
|
County |
|
$ |
400,000 |
Holmes County Home Renovations |
|
$ |
25,000 |
Old Children's Home Renovations - Holmes County |
|
$ |
25,000 |
Fairport Community Center |
|
$ |
150,000 |
Mentor Fire and Police Headquarters Relocation |
|
$ |
100,000 |
Hanna House - Lake County |
|
$ |
25,000 |
Perry Township Industrial Park Land Acquisition |
|
$ |
65,000 |
Red Mill Creek Water Retention Basin |
|
$ |
20,000 |
Madison Village Community Building ADA Upgrades |
|
$ |
12,500 |
Mentor-on-the-Lake Erosion Control Project |
|
$ |
135,000 |
Athalia Community Facility |
|
$ |
20,000 |
Chesapeake Community Facility |
|
$ |
20,000 |
Proctorville Community Facility |
|
$ |
20,000 |
Lawrence County Water Projects |
|
$ |
25,000 |
Downtown Parking Garage and Walkway - Licking |
|
|
|
County |
|
$ |
500,000 |
Institute of Industrial Technology |
|
$ |
500,000 |
Outdoor Education Laboratory Construction - |
|
|
|
Marion County |
|
$ |
60,000 |
Medina County Engineered Fuel Project |
|
$ |
575,000 |
Chester Court House |
|
$ |
15,000 |
Meigs County Water Projects |
|
$ |
25,000 |
Fort Piqua Hotel |
|
$ |
400,000 |
Graysville Community Center |
|
$ |
50,000 |
Midway Community Center |
|
$ |
10,000 |
Chesterhill Water Tower Improvements |
|
$ |
50,000 |
Morgan Infrastructure Improvements |
|
$ |
100,000 |
Morgan County Economic Development |
|
$ |
125,000 |
Secrest Auditorium Improvements |
|
$ |
50,000 |
Diesel Powered Generators - Muskingum County |
|
$ |
6,000 |
Muskingum County Center for Seniors |
|
$ |
8,000 |
Maysville Community Improvements |
|
$ |
10,000 |
Muskingum County Court House Improvements |
|
$ |
65,000 |
Litter Prevention Complex - Muskingum County |
|
$ |
17,300 |
Noble County Infrastructure Improvements |
|
$ |
185,000 |
Lake Erie Islands Regional Welcome Center |
|
$ |
500,000 |
Corning Community Center |
|
$ |
10,000 |
Somerset Court House |
|
$ |
100,000 |
New Lexington Community Center |
|
$ |
125,000 |
Crooksville Family Recreation Center |
|
$ |
70,000 |
Perry County Agricultural Society |
|
$ |
75,000 |
Nelsonville Pool |
|
$ |
100,000 |
Cave Lake Center for Community Leadership |
|
$ |
350,000 |
Atwater Township Town Hall Improvements |
|
$ |
100,000 |
Brimfield Township Community Center |
|
$ |
75,000 |
Portage County Sheriff's Department Shooting |
|
|
|
Range |
|
$ |
200,000 |
WSTB Equipment Upgrade |
|
$ |
50,000 |
Richland Academy of Arts and Sciences Discovery |
|
|
|
Center |
|
$ |
100,000 |
Mansfield Area YMCA |
|
$ |
200,000 |
Mohican School in the Out-of-Doors Expansion |
|
$ |
325,000 |
Mansfield Reformatory Preservation Project |
|
$ |
100,000 |
Ross County Multi-Purpose Facility |
|
$ |
50,000 |
Bellevue Society for the Arts |
|
$ |
10,000 |
County Jail Improvements - Sandusky County |
|
$ |
300,000 |
Southern Ohio Port Authority |
|
$ |
50,000 |
Meadowbrook Park Ballroom Restoration |
|
$ |
100,000 |
Eastern Ohio Developmental Alliance Equipment |
|
|
|
Purchase |
|
$ |
10,000 |
Uhrichsville Municipal Building Improvements |
|
$ |
80,000 |
Project Pride Town Hall |
|
$ |
20,000 |
Marietta Nutrition Facility |
|
$ |
100,000 |
Liberty Township Community Center |
|
$ |
20,000 |
West Salem Town Hall |
|
$ |
150,000 |
City of Rittman Recreation Center |
|
$ |
125,000 |
Bryan Senior Center |
|
$ |
450,000 |
Jerry City Town Hall Improvements |
|
$ |
7,000 |
Bradner Historic Building |
|
$ |
45,000 |
Fairfield Township Community Recreation Facility |
|
$ |
150,000 |
Lighthouse Youth Center Improvements |
|
$ |
250,000 |
Chagrin Falls Park Community Center - Seniors' |
|
|
|
Room Construction |
|
$ |
10,000 |
City of Willowick - Senior Center Remodeling, |
|
|
|
Addition, and Completion |
|
$ |
100,000 |
Painesville Township Greenspace |
|
$ |
15,000 |
Clermont County Animal Shelter |
|
$ |
22,500 |
ROSS COUNTY MULTI-PURPOSE FACILITY
Of the foregoing appropriation item CAP-786, Rural Areas
Community
Improvements, the $50,000 earmarked for the Ross County
Multi-Purpose Facility
is for a feasibility study for the
facility. Yoctangee Park in Chillicothe,
Ohio, is specifically
excluded as a site from any feasibility study for a
multi-purpose
facility.
PORTAGE COUNTY SHERIFF'S DEPARTMENT SHOOTING RANGE
Of the foregoing appropriation item CAP-786, Rural Areas
Community
Improvements, the $200,000 earmarked for the Portage
County Sheriff's
Department Shooting Range
shall be distributed to
the Portage County Sheriff's Department for
utilization by that
department for a training facility. Any structure so
constructed
with these funds shall be used by the Portage County Sheriff's
Department as a training facility for ten years or moneys must be
repaid to
the state by Portage County. The Portage County
Sheriff's Department may
contract with other law enforcement
agencies to use the training facility.
URBAN AREAS COMMUNITY IMPROVEMENTS
From the foregoing appropriation item CAP-817, Urban Areas
Community Improvements, grants shall be made for the following
projects:
Cross Links 2000 - Middletown Downtown |
|
|
|
Revitalization |
|
$ |
2,000,000 |
Solon Community Arts Center |
|
$ |
275,000 |
Cleveland Health Museum |
|
$ |
1,000,000 |
Cleveland Jewish Community Center |
|
$ |
350,000 |
Beck Center for the Arts |
|
$ |
500,000 |
Cleveland School for the Arts |
|
$ |
100,000 |
Hill House |
|
$ |
325,000 |
Bellfaire/Jewish Children's Bureau |
|
$ |
1,020,000 |
Karamu House Improvements |
|
$ |
600,000 |
Halloran Ice Skating Rink |
|
$ |
300,000 |
Cleveland Greenhouse Improvements |
|
$ |
255,000 |
Alliance for Poles of America Facility |
|
|
|
Improvements |
|
$ |
260,000 |
West Side Ecumenical Ministry |
|
$ |
375,000 |
Solon VFW Memorial |
|
$ |
7,000 |
Solon Senior Center |
|
$ |
300,000 |
Brecksville Senior Development Project |
|
$ |
10,000 |
Bentlyville Village Hall |
|
$ |
30,000 |
Sterns Farm |
|
$ |
70,000 |
Schaaf Community Center |
|
$ |
100,000 |
Olmstead Community Center |
|
$ |
100,000 |
Horizon Center |
|
$ |
200,000 |
North Royalton Recreation Center |
|
$ |
200,000 |
St. Vincent de Paul Recycle Project |
|
$ |
250,000 |
Cleveland Free Clinic |
|
$ |
370,000 |
Alta House |
|
$ |
35,000 |
Rickenbacker House Restoration and Park |
|
$ |
475,000 |
King Lincoln District Revitalization |
|
$ |
1,425,000 |
J. Ashburn Youth Center |
|
$ |
500,000 |
Columbus Downtown Initiatives Planning |
|
$ |
1,900,000 |
Leo Yassenoff Columbus Community Center |
|
$ |
400,000 |
Rickenbacker Air and Industrial Park |
|
$ |
6,000,000 |
Clintonville Improvements |
|
$ |
150,000 |
Grove City YMCA |
|
$ |
35,000 |
Victorian Village Society |
|
$ |
15,000 |
Beech Acres Family Center |
|
$ |
50,000 |
Health Education Center |
|
$ |
25,000 |
Convention Center Expansion Planning |
|
$ |
500,000 |
German Heritage Museum |
|
$ |
12,000 |
Lincoln Heights Health Center Improvements |
|
$ |
1,000,000 |
South End Revitalization Project |
|
$ |
100,000 |
Toledo International Youth Hostel Renovations |
|
$ |
50,000 |
Sylvania Recreation Center |
|
$ |
450,000 |
Sylvania Senior Center |
|
$ |
300,000 |
Canton Civic Center |
|
$ |
1,000,000 |
Canton Jewish Community Center Renovations |
|
$ |
20,000 |
Canton Jewish Women's Center |
|
$ |
100,000 |
J.R. Coleman Center |
|
$ |
250,000 |
Gateway Social Services Building |
|
$ |
450,000 |
Massillon Domestic Violence Shelter for |
|
|
|
Battered Women |
|
$ |
100,000 |
Massillon Civic Center |
|
$ |
1,000,000 |
Football Hall of Fame |
|
$ |
150,000 |
Stark Central YMCA
|
|
$ |
25,000 |
Stark County Convention and Visitors Bureau |
|
|
|
Tourist Center |
|
$ |
25,000 |
Akron Jewish Community Center Renovations |
|
$ |
85,000 |
Oriana House |
|
$ |
450,000 |
Cedar Grove Mausoleum Improvements |
|
$ |
30,000 |
Amphitheater, Riverwalk, and Kinsman House |
|
|
|
Improvements |
|
$ |
1,000,000 |
Fairlawn, Bath, Copley Community Center |
|
$ |
65,000 |
Loew Field Improvements |
|
$ |
50,000 |
Harvard Community Services Center Renovation |
|
|
|
and Expansion |
|
$ |
20,000 |
City of South Euclid-Construction of Complying |
|
|
|
Community Ground Sign |
|
$ |
5,000 |
Henn Mansion Renovation |
|
$ |
25,000 |
Collinwood Community Service Center Repair |
|
|
|
and Renovation |
|
$ |
20,000 |
Bowman Park - City of Toledo |
|
$ |
80,000 |
Godman Guild |
|
$ |
65,000 |
COMMUNITY THEATRE RENOVATIONS
From the foregoing appropriation item CAP-818, Community
Theatre
Renovations, grants shall be made for the following
projects:
Hayesville Opera House |
|
$ |
50,000 |
Cleveland Public Theatre Improvements - Gordon |
|
|
|
Square |
|
$ |
160,000 |
Markay Theatre Renovations |
|
$ |
100,000 |
Stranahan Theatre |
|
$ |
100,000 |
Holland Theatre |
|
$ |
250,000 |
Lorain Palace Theatre Improvements |
|
$ |
200,000 |
Ohio Ballet |
|
$ |
250,000 |
Ritz Theatre Renovations |
|
$ |
100,000 |
Sec. 18. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Arts Facilities Building Fund (Fund 030).
Revenues to the
Arts Facilities Building Fund shall
consist of proceeds of
obligations authorized to pay costs of the
following capital
improvements:
AFC ARTS FACILITIES COMMISSION
CAP-010 |
|
Sandusky State Theatre Improvements |
|
$ |
200,000 |
CAP-013 |
|
Stambaugh Hall Improvements |
|
$ |
500,000 |
CAP-033 |
|
Woodward Opera House Renovation |
|
$ |
250,000 |
CAP-037 |
|
Canton Palace Theatre Renovations |
|
$ |
750,000 |
CAP-044 |
|
National Underground Railroad Freedom Center |
|
$ |
3,500,000 |
CAP-045 |
|
Cincinnati Contemporary Arts Center |
|
$ |
2,000,000 |
CAP-046 |
|
Cincinnati Museum Center Improvements |
|
$ |
200,000 |
CAP-048 |
|
John and Annie Glenn Museum |
|
$ |
500,000 |
CAP-051 |
|
Akron Civic Theatre Improvements |
|
$ |
1,000,000 |
CAP-052 |
|
Akron Art Museum |
|
$ |
2,500,000 |
CAP-056 |
|
Ohio Agricultural and Industrial Heritage Center |
|
$ |
2,500,000 |
CAP-063 |
|
Robins Theatre Renovations |
|
$ |
1,000,000 |
CAP-734 |
|
Hayes Presidential Center-Museum and Home Improvements |
|
$ |
750,000 |
CAP-735 |
|
Paul Lawrence Dunbar House |
|
$ |
672,000 |
CAP-741 |
|
Adena State Memorial Renovations |
|
$ |
3,888,000 |
CAP-742 |
|
Ft. Meigs Museum and Exhibit Improvements |
|
$ |
1,805,000 |
CAP-780 |
|
Harding Tomb and Site Renovations |
|
$ |
138,000 |
CAP-781 |
|
Archives and Library Automation |
|
$ |
300,000 |
CAP-784 |
|
Ohio Historical Center Rehabilitation |
|
$ |
500,000 |
CAP-786 |
|
Piqua/Fort Pickawillany Acquisition and Improvements |
|
$ |
435,000 |
CAP-789 |
|
Neil Armstrong Air and Space Museum Improvements |
|
$ |
200,000 |
CAP-790 |
|
Reese-Peters Site Improvements |
|
$ |
250,000 |
CAP-798 |
|
Multi-Site Fire and Security System Improvements |
|
$ |
100,000 |
CAP-801 |
|
Statewide Underground Storage Tank Removal |
|
$ |
107,000 |
CAP-802 |
|
Zane Grey Museum Improvements |
|
$ |
280,000 |
CAP-803 |
|
Digitization of OHS Collection |
|
$ |
750,000 |
CAP-806 |
|
Grant Boyhood Home Improvements |
|
$ |
200,000 |
CAP-809 |
|
Cincinnati Ballet Facility Improvements |
|
$ |
450,000 |
CAP-811 |
|
National First Ladies Library |
|
$ |
500,000 |
CAP-812 |
|
Dayton Performing Arts Center |
|
$ |
9,500,000 |
CAP-814 |
|
Crawford Museum of Transportation and Industry |
|
$ |
3,000,000
2,500,000 |
Total Arts Facilities Commission |
|
$ |
38,725,000
38,225,000 |
Total Arts Facilities Building Fund |
|
$ |
38,725,000
38,225,000" |
Section 170. * That existing Sections 6.01 and 18 of Am.
Sub. H.B. 640 of the 123rd General Assembly, as most recently
amended by Am. Sub. S.B. 346, are hereby repealed.
Section 171. That Section 4 of Am. Sub. H.B. 478 of the 119th
General Assembly, as amended by Am. Sub. S.B. 300 of the 121st
General Assembly and Am. Sub. H.B. 215 of the 122nd General
Assembly, is hereby repealed.
The intent of this repeal is to remove the limitation imposed
by Section 4 of Am. Sub. H.B. 478 of the 119th General Assembly
upon the continued existence of sections 3702.71, 3702.72,
3702.73, 3702.74, 3702.75, 3702.76, 3702.77, 3702.78, 3702.79,
3702.80, and 3702.81 of the Revised Code. This intent is not
affected by the rule of construction in section 1.57 of the
Revised Code.
Section 172. That Section 18 of Am. Sub. H.B. 650 of the
122nd
General Assembly, as most recently amended by Sub. S.B. 245
of the
123rd General Assembly, is hereby repealed.
Section 173. That Section 17 of Am. Sub. H.B. 282 of the
123rd
General Assembly, as most recently amended by Sub. S.B. 245
of the
123rd General Assembly, is hereby repealed.
Section 174. That Section 15 of Am. Sub. S.B. 287 of the
123rd General Assembly is hereby repealed.
Section 175. * All items set forth in this section are
hereby appropriated out of any moneys in the state treasury to the
credit of the School Building Program Assistance Fund (Fund 032),
created under section 3318.25 of the Revised Code, derived from
the proceeds of obligations heretofore and herein authorized to
pay the cost of facilities for a system of common schools
throughout the state for the period beginning July 1, 2001, and
ending June 30, 2003.
SFC SCHOOL FACILITIES COMMISSION
CAP-770 |
|
School Building Program Assistance |
|
$ |
300,000,000 |
Total School Facilities Commission |
$ |
300,000,000 |
Total School Building Program Assistance Fund |
$ |
300,000,000 |
SCHOOL BUILDING PROGRAM ASSISTANCE
The foregoing appropriation item CAP-770, School Building
Program Assistance, shall be used by the School Facilities
Commission to provide funding to school districts that receive
conditional approval from the Commission pursuant to Chapter 3318.
of the Revised Code.
Expenditures from appropriations contained in this act may be
accounted for as though made in Am. Sub. H.B. 640 of the 123rd
General Assembly. The appropriations made in this act are subject
to all provisions of Am. Sub. H.B. 640 of the 123rd General
Assembly that are generally applicable to such appropriations.
Section 176. The Office of Criminal Justice Services and the
Department of Job and Family Services shall enter into an
interagency agreement for the transfer to the Office of the
Department's duties, records, assets, and liabilities related to
the administration of funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended. Subject to the layoff provisions of sections
124.321 to 124.328 of the Revised Code and of any applicable
collective bargaining agreement, employees of the Department of
Job and Family Services whose primary duties relate to the
administration of those funds are hereby transferred to the Office
of Criminal Justice Services and shall retain their positions and
all of the benefits accruing to them.
Section 177. WOMEN'S POLICY AND RESEARCH COMMISSION FUND
TRANSFERS
Notwithstanding any other provision of law to the contrary,
the Director of Budget and Management shall transfer any remaining
amounts of cash from the specified obsolete fund to the General
Revenue Fund (Fund GRF) within thirty days after the effective
date of this section: Women's Policy and Research Commission, Fund
4V9, Women's Policy and Research Commission Fund.
Section 178. OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL.
The Ohio Family and Children First Cabinet Council shall
conduct an assessment of the need for and resources available for
services and programs that serve children under six years of age.
The assessment shall include identifying supports available to
those services and programs and gaps in services across Ohio, as
well as a review of existing state laws and administrative
procedures related to those services and programs. Based on its
assessment, the Cabinet Council shall develop, in consultation
with early childhood, business, and community organizations, a
strategic plan that does both of the following:
(1) Identifies goals for developing an integrated system of
early care and education for families with children under six
years of age.
(2) Recommends specific steps that must be taken to
accomplish those goals, including establishing linkages between
schools and early childhood programs to ensure successful
transitions for children and their families. The recommendations
included in the strategic plan shall maximize opportunities for
existing programs and services to blend funding sources and work
together.
The Cabinet Council shall provide copies of the strategic
plan to the Governor, Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the
Senate not later than June 30, 2002.
Section 179. On the effective date of this section, the
Mine
Examining Board is abolished and all of its functions and
assets,
liabilities, equipment, and records, irrespective of form
or
medium, are transferred to the Chief of the Division of Mineral
Resources Management in the Department of Natural Resources and
the Reclamation Commission, as provided in Section 1 of this act.
The Chief and the Reclamation Commission, as appropriate, are
thereupon and thereafter successor to, assume the obligations of,
and otherwise constitute the continuation of the Mine Examining
Board.
Any business commenced, but not completed by, the Mine
Examining Board on the effective date of this section shall be
completed by the Chief or the Reclamation Commission, as
appropriate. No validation, cure, right, privilege, remedy,
obligation, or liability is lost or impaired by reason of the
transfer required by this section, but shall be administered by
the Chief or the Reclamation Commission, as appropriate. All of
the Mine Examining Board's rules, orders, and
determinations
continue in effect as rules, orders, and
determinations of the
Chief and the Reclamation Commission, as
appropriate, until
modified or rescinded by the Chief or the
Reclamation Commission,
as appropriate.
Subject to the lay-off provisions of sections 124.321 to
124.328 of the Revised Code, all the employees of the Mine
Examining Board are transferred to the Division of Mineral
Resources Management and the Reclamation Commission, as
appropriate.
Whenever the Mine Examining Board is referred to in any law,
contract, or other document, the reference shall be deemed to
refer to the Chief of the Division of Mineral Resources Management
or the Reclamation Commission, as appropriate.
No action or proceeding pending on the effective date of this
section is affected by the transfer, and shall be prosecuted or
defended in the name of the Chief or the Reclamation Commission,
as appropriate. In all such actions and proceedings, the Chief or
the Reclamation Commission, as appropriate, shall be substituted
as a party upon application by the receiving entity to the court
or other appropriate tribunal.
Section 180. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provisions of law to the contrary,
the School Facilities Commission
may provide assistance
under the
Exceptional Needs Pilot Program
to any school district and not
exclusively a school district in
the lowest 50 per cent of
adjusted valuation per pupil on the
fiscal year 1999 ranking of
school districts established pursuant
to section 3317.02 of the
Revised Code, for the purpose of the
relocation or replacement of
school facilities required as a
result of extreme environmental
contamination.
If in the
assessment of the school district's
classroom facilities
needs
conducted under the Exceptional Needs
Pilot
Program pursuant
to
Section 26 of Am. Sub. H.B. 850
of the
122nd General Assembly, the
commission determines that all the
school
district's classroom
facilities ultimately will require
replacement
under sections
3318.01 to 3318.20 of the Revised Code,
then the
commission may
undertake a district-wide project under
sections
3318.01 to
3318.20 of the Revised Code.
The School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 181. (A) The Ohio School Facilities Commission
may
commit up to
thirty-five million dollars to the Canton City
School
District for
construction
of a facility described in this
section,
in lieu of a high school that would
otherwise be
authorized under
Chapter 3318. of the Revised Code. The
commission shall not
commit funds under this section unless all of
the
following
conditions are met:
(1) The district has entered into a cooperative agreement
with a
state-assisted technical college.
(2) The district has received an irrevocable commitment of
additional funding
from nonpublic sources.
(3) The facility is intended to serve both secondary and
postsecondary
instructional purposes.
(B) The commission shall enter into an agreement with the
district for the
construction of the facility authorized under
this section that is separate
from and in addition to the
agreement required for the district's
participation in the
Classroom Facilities Assistance Program under section
3318.08 of
the Revised
Code. Notwithstanding that section and sections
3318.03, 3318.04, and
3318.083
of the Revised Code, the additional
agreement shall provide, but not be limited
to, the following:
(1) The commission shall not have any oversight
responsibilities over the
construction of the facility.
(2) The facility need not comply with the specifications for
plans and
materials for high schools adopted by the commission.
(3) The commission may decrease the basic project cost that
would otherwise
be
calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for
the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the
approval
and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be
part of the total amount the state commits to the
Canton City School District
under Chapter 3318. of the Revised
Code. All additional state funds committed
to the Canton City
School District for classroom facilities assistance shall
be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 182. Not later than July 1, 2001, the Tax
Commissioner
shall certify to the Department of Education for each
city, local,
and exempted village school district the total
federal adjusted
gross income of the residents of the school
district, based on tax
returns filed by the residents of the
district, for each of the
three most recent years for which this
information is available.
The Department shall use the information
certified under this
section to compute each district's state
parity aid funding under
section 3317.0217 of the Revised Code in
fiscal year 2002.
Section 183. The Legislative Office of Education Oversight
shall review and evaluate the policies adopted by school districts
for the identification of gifted students under section 3313.21 of
the Revised Code and analyze the advantages and disadvantages of
allocating funds on either a district percentage basis or on a
unit basis. Not later than November 30, 2002, the Office
shall
issue a report that summarizes the results of the
evaluations and
recommends appropriate methods for serving students who are
gifted. The Office shall submit
its report to the President of
the Senate, the Speaker of the
House of Representatives, the
Minority Leader of the Senate, the
Minority Leader of the House of
Representatives, and the Governor.
Section 184. The Department of Education shall consider the
feasiability and desirability of relocating the department staff
responsible for gifted education from the Center for Students,
Families, and Communities to the Center for Curriculum and
Assessment.
Section 185. There is hereby created the Instructional
Subsidy and Challenge Review Committee. The Committee shall
contain ten members: the Chancellor of the Ohio Board of Regents
or the chancellor's designee; a representative of two-year
colleges and two representatives of the state universities
identified in section 3345.011 of the Revised Code, all three of
whom shall be appointed jointly by the President of the Senate and
the Speaker of the House of Representatives; three members of the
Senate appointed by the President of the Senate, two of whom shall
be members of the majority party and one of whom shall be a member
of the minority party; and three members of the House of
Representatives appointed by the Speaker of the House, two of whom
shall be members of the majority party and one of whom shall be a
member of the minority party. The Committee shall perform a
comprehensive review of the allocation formula for the State Share
of Instruction appropriation item as well as all of the
"Challenge" appropriation items contained in the Board of Regents'
budget and shall issue a report containing its recommendations to
the General Assembly not later than December 31, 2001. Upon
issuance of its report, the Committee shall cease to exist.
Section 186. The Arts Facilities Building Fund and Sports
Facilities Building Fund created by section 3383.09 of the Revised
Code are the same as the Arts Facilities Building Fund and the
Sports Facilities Building Fund from which appropriations are made
in Am. Sub. H.B. 640 of the 123rd General Assembly.
Section 187. An owner or operator of a facility that is
regulated under Chapter 1509. of the Revised Code who submits the
fees that the owner or operator is required to submit under
section 3750.13 of the Revised Code, as amended by this act, by
the first day of March of the year following the effective date of
this section shall be deemed to have paid all late fees,
penalties, and interest and to have satisfied all other monetary
obligations that were imposed on that person under Chapter 3750.
of the Revised Code prior to that date. As used in this section,
"facility" has the same meaning as in section 3750.01 of the
Revised Code.
Section 188. (A) Notwithstanding section 4717.07 of the
Revised Code as amended by this act, the Board of Embalmers and
Funeral Directors shall charge and collect the following fees for
the renewal of licenses that expire on December 31, 2001:
(1) Sixty dollars for renewal of an embalmer's or funeral
director's license;
(2) One hundred twenty-five dollars for renewal of a license
to operate a funeral home;
(3) One hundred dollars for renewal of a license to operate
an embalming facility;
(4) One hundred dollars for renewal of a license to operate
a crematory facility.
(B) Notwithstanding section 4717.08 of the Revised Code as
amended by this act, every license issued under Chapter 4717. of
the Revised Code expires on December 31, 2001, and shall be
renewed on or before that date according to the standard license
renewal procedure set forth in Chapter 4745. of the Revised Code.
Section 189. Unless five licensed embalmers and practicing
funeral directors are serving on the Board of Embalmers and
Funeral Directors on the effective date of this section, the first
person appointed to fill a vacancy occurring on the Board on or
after that date under section 4717.02 of the Revised Code, as
amended by this act, shall be a licensed embalmer and practicing
funeral director with at least ten consecutive years of experience
in this state immediately preceding the date of the person's
appointment.
Section 190. Notwithstanding section 4775.08 of the Revised
Code, as amended by this act, during calendar year 2001, the
initial and annual renewal fee for a motor vehicle collision
repair registration certificate and for a temporary motor vehicle
collision repair registration certificate is one hundred dollars
for each business location at which the motor vehicle collision
repair operator conducts business as an operator. However, the
Board of Motor Vehicle Collision Repair Registration may adjust
the fee in the same manner as provided in division (A) of section
4775.08 of the Revised Code, as amended by this act.
Section 191. (A) As used in this section:
(1) "Amnesty" means forgiving a taxpayer's liability for
penalties and one-half of the interest that accrue on account of
the late payment, nonpayment, underreporting, or unreporting of
delinquent taxes.
(2) "Delinquent taxes" means taxes imposed under section
5727.24 or 5727.30 (public utility excise tax), 5733.06 or 5733.41
(corporation franchise tax), 5739.02 (except division (C) of
section 5739.02), 5739.021, 5739.023, 5739.026, 5741.02,
5741.021, 5741.022, or 5741.023 (sales and
use taxes), or 5747.02,
5747.41, or 5747.07 (personal income tax) of the
Revised Code,
that were due and payable from a taxpayer, that were
unreported or
underreported, and that remain unpaid. "Delinquent
taxes" does
not include taxes for which a
notice of assessment or audit has
been issued, a bill has been
issued, or an audit is currently
being conducted.
(3) "Taxpayer" means any individual or other person, as
defined in section 5701.01 of the Revised Code, that is subject to
taxes imposed under section 5727.24, 5727.30, 5733.06, 5733.41,
5739.02, 5741.02, 5747.02, or 5747.41 of the Revised Code,
including any vendor subject to sections 5739.03 and 5739.12 of
the Revised Code, any seller subject to section 5741.04 or 5741.12
of the Revised Code, any employer subject to section 5747.07 of
the Revised Code, and any qualifying entity as defined in
section
5733.40 of the Revised Code.
(B)(1) Beginning on October 15, 2001, and ending on January
15, 2002, if a taxpayer that owes delinquent taxes pays the full
amount of delinquent taxes and one-half of any interest to the
Treasurer of State, in the form and manner prescribed by the Tax
Commissioner, the Tax Commissioner shall grant amnesty for any
penalties and one-half of the interest that otherwise are imposed
as a result of delinquency in the payment of those taxes.
(2) The Tax Commissioner shall prescribe forms on which
taxpayers may apply for amnesty. The Tax Commissioner may require
taxpayers applying for amnesty to file returns or reports,
including amended returns and reports, that otherwise would be
required.
(C) If a taxpayer pays delinquent taxes as prescribed in
division (B) of this section, no criminal prosecution or civil
action shall be brought thereafter against the taxpayer and no
assessment shall be issued thereafter against the taxpayer on
account of the delinquent taxes paid.
(D) Delinquent taxes and interest collected under this
section shall be credited to the General Revenue Fund.
(E) This section is hereby repealed, effective January 16,
2002.
Section 192. The credit allowed by section 5747.29 of the
Revised Code shall not be claimed for taxable year 2001 or 2002.
Section 193. Except as otherwise specifically provided in
this act, the codified sections of law amended or enacted in this
act, and the items of law of which the codified sections of law
amended or enacted in this act are composed, are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, the codified
sections of law amended or enacted by this act, and the items of
law of which the codified sections of law as amended or enacted by
this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such codified section of
law as amended or enacted by this act, or against any item of law
of which any such codified section of law as amended or enacted by
this act is composed, the codified section of law as amended or
enacted, or item of law, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 194. Except as otherwise specifically provided in
this act, the repeal by this act of a codified section of law is
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1c and section 1.471 of the Revised Code, the
repeal by this act of a codified section of law takes effect on
the ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against any
such repeal, the repeal, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 195. The repeals of sections 166.032, 1329.68,
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and
5126.054 of
the Revised Code constitute items of law that are not
subject to
the referendum. Therefore, under Ohio Constitution,
Article II,
Section 1d and section 1.471 of the Revised Code, the
repeals go
into immediate effect when this act becomes law.
Section 196. Sections 105.41, 111.16, 111.18, 111.23, 111.25,
121.40, 122.011, 133.06, 166.03, 181.52, 901.43, 901.63, 901.81,
901.82,
917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,
1329.01,
1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,
1329.56,
1329.58, 1329.60,
1329.601, 1501.40, 1502.12, 1701.05,
1701.07,
1701.81, 1702.05,
1702.06, 1702.43, 1702.59, 1703.04,
1703.041,
1703.15, 1703.17,
1703.27, 1705.05, 1705.06, 1705.38,
1705.55,
1746.04, 1746.06, 1746.15, 1747.03,
1747.04, 1747.10,
1775.63,
1775.64, 1782.04, 1782.08, 1782.09, 1782.433,
1785.06,
3301.70, 3302.041, 3313.603, 3314.08, 3314.09, 3314.091, 3317.012,
3317.013, 3317.014, 3317.02, 3317.021, 3317.022, 3317.024,
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.03,
3317.05, 3317.051, 3317.06, 3317.064, 3317.161 (3317.052),
3317.162
(3317.053),
3317.11, 3317.13, 3317.16, 3317.19, 3317.20,
3318.042,
3318.52, 3323.09, 3323.091,
3333.043, 3333.21, 3333.22,
3702.68,
3721.07, 3721.51, 3721.56, 3734.57, 3745.014,
3745.11,
3745.22,
3769.08,
3769.20,
3923.28, 3923.30,
4115.10, 4301.43,
4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08, 4507.24,
4507.50, 4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69,
4734.20, 4761.05, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20,
4779.26, 4905.87,
5101.071
(5101.251),
5101.521,
5101.821,
5101.85, 5101.853
(5101.851),
5101.852,
5101.854
(5101.853),
5103.07, 5111.041,
5111.042,
5111.081,
5111.171,
5111.25,
5111.251, 5111.262, 5111.28, 5111.29, 5111.87
(5111.871),
5111.872,
5111.873, 5123.01, 5123.041, 5123.044, 5123.045,
5123.046,
5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411,
5123.0412,
5123.0413,
5123.71, 5123.76,
5126.01,
5126.042,
5126.046, 5126.047, 5126.05, 5126.051, 5126.054,
5126.055,
5126.056, 5126.12, 5126.18, 5126.357, 5126.431, 5139.11,
5703.49,
5705.091,
5705.41, 5705.44, 5725.31, 5727.84, 5727.85,
5729.07,
5733.122,
5733.42, 5747.39, and 6109.21 of the Revised
Code as
amended or
enacted
by
this act, and the items of law of
which such
sections
as
amended
or enacted by this act are
composed, are not
subject to
the
referendum. Therefore, under
Ohio Constitution,
Article II,
Section 1d and section 1.471 of the
Revised Code, such
sections as
amended or enacted by this act, and
the items of law
of which such
sections as amended or enacted by
this act are
composed, go into
immediate effect when this act
becomes law.
Section 197. (A) The amendment by this act removing language
from division (B)(1)(e) of section 125.22 of the Revised Code
constitutes an item of law that is subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1c and
section 1.471 of the Revised Code, the item takes effect on the
ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against the
item, the item, unless rejected at the referendum, takes effect at
the earliest time permitted by law.
(B) The amendment by this act inserting division (A)(20)
into section 125.22 of the Revised Code constitutes an item of law
that is not subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the item goes into immediate effect when this act
becomes law.
Section 198. (A) The amendment by this act removing language
from division (B)(2) of section 3318.04 of the Revised Code
constitutes an item of law that is subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1c and
section 1.471 of the Revised Code, the item takes effect on the
ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against the
item, the item, unless rejected at the referendum, takes effect at
the earliest time permitted by law.
(B) The amendment by this act inserting division (B)(3) into
section 3318.04 of the Revised Code constitutes an item of law
that is not subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the item goes into immediate effect when this act
becomes law.
Section 199. (A) The amendment by this act removing language
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting
language into what are now divisions (G)(3) and (H), of section
3734.82 of the Revised Code constitutes an item of law that is
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1c and section 1.471 of the Revised Code, the
item takes effect on the ninety-first day after this act is filed
with the Secretary of State. If, however, a referendum petition
is filed against the item, the item, unless rejected at the
referendum, takes effect at the earliest time permitted by law.
(B) The amendment by this act to former division (G)(3) (now
division (G)(2)) of section 3734.82 of the Revised Code
constitutes an item of law that is not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, the item goes into immediate
effect when this act becomes law.
Section 200. (A) The amendment by this act inserting
language into division (G) of section 5119.01 of the Revised Code
constitutes an item of law that is subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1c and
section 1.471 of the Revised Code, the item takes effect on the
ninety-first day after this act is filed with the Secretary of
State. If, however, a referendum petition is filed against the
item, the item, unless rejected at the referendum, takes effect at
the earliest time permitted by law.
(B) The amendment by this act removing language from
division (I) of section 5119.01 of the Revised Code constitutes an
item of law that is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, the item goes into immediate effect when this
act becomes law.
Section 201. The repeal by this act of section 3317.0215 of
the Revised Code is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, the repeal goes into immediate effect when
this act becomes law.
Section 202. *Sections 121.04, 1501.04, and 3517.092 of
the
Revised Code, as amended by this act, and the repeal by this
act
of sections 1553.01, 1553.02, 1553.03, 1553.04, 1553.05,
1553.06,
1553.07, 1553.08, 1553.09, 1553.10, and 1553.99 of the
Revised
Code shall take effect July 1, 2002.
Section 203. The amendment by this act of sections 126.21,
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal
years beginning with fiscal year 2003.
Section 204. The enactment of section 1309.525 of the
Revised
Code by this act is contingent upon and takes effect only
if S.B.
74 of the 124th General Assembly becomes law and section
1309.40
of the Revised Code is repealed by that latter act.
Section 205. (A) Sections 1345.21, 4707.01, 4707.011,
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071,
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12,
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21,
4707.23, and 4707.99 of the Revised Code, as amended by this act,
shall take effect on October 1, 2001, or the earliest date
thereafter permitted by law.
(B)(1) On the effective date under division (A) of this
section of the sections as amended, the licensing functions of the
Department of Commerce under Chapter 4707. of the Revised Code are
transferred to the Department of Agriculture. The Department of
Agriculture thereupon and thereafter assumes these functions.
Any business commenced but not completed by the Department of
Commerce on that effective date shall be completed by the Director
or Department of Agriculture in the same manner, and with the same
effect, as if completed by the Director or Department of Commerce.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer of
functions required by this section and shall be administered by
the Director or Department of Agriculture. All of the Department
of Commerce's rules, orders, and determinations continue in effect
as rules, orders, and determinations of the Department of
Agriculture until modified or rescinded by the Department of
Agriculture. If necessary to ensure the integrity of the
numbering of the Administrative Code, the Director of the
Legislative Service Commission shall renumber the Department of
Commerce's relevant rules as appropriate to reflect their transfer
to the Department of Agriculture.
No employees of the Department of Commerce are transferred to
the Department of Agriculture. The Director of Agriculture may
create up to three additional full-time positions for the
administration of the licensing functions of Chapter 4707. of the
Revised Code assumed by the Director and Department payable out of
the unexpended balances transferred to the Department of
Agriculture under division (B)(2) of this section.
(2) The Director of Budget and Management shall determine the
amount of unexpended balances in the Department of Commerce
appropriation accounts that pertain to auctioneers and the
licensing functions of the Department of Commerce under Chapter
4707. of the Revised Code and shall recommend to the Controlling
Board the transfer of such unexpended balances to the Department
of Agriculture.
In preparation for the transfer of the licensing functions
under Chapter 4707. of the Revised Code from the Department of
Commerce to the Department of Agriculture, on October 1, 2001, or
thereafter, the Director of Budget and Management also may
recommend to the Controlling Board the transfer of such moneys in
the unexpended balances in the appropriations to the Department of
Commerce to the Department of Agriculture prior to the effective
date of the transfer as will enable the Department of Agriculture
to effectively prepare for the transfer of duties. The Department
of Commerce shall provide full and timely information to the
Controlling Board to facilitate this transfer.
(3) Whenever the Director or Department of Commerce is
referred to in any law, contract, or other document relating to
the transferred functions, the reference shall be deemed to refer
to the Director or Department of Agriculture, whichever is
appropriate.
No action or proceeding pending on the effective date of this
section is affected by the transfer, and shall be prosecuted or
defended in the name of the Director or Department of Agriculture.
In all such actions, the Director or Department of Agriculture
upon application to the court shall be substituted as a party.
Section 206. Except as otherwise specifically provided in
this act, the uncodified sections of law amended or enacted in
this act, and the items of law of which the uncodified sections of
law amended or enacted in this act are composed, are not subject
to the referendum. Therefore, under Ohio Constitution, Article
II, Section 1d and section 1.471 of the Revised Code, the
uncodified sections of law amended or enacted in this act, and the
items of law of which the uncodified sections of law amended or
enacted in this act are composed, go into immediate effect when
this act becomes law.
Section 207. Uncodified sections of law amended or enacted
in
this act, and items of law contained within the uncodified
sections of law amended or enacted in this act, that are marked
with an asterisk are subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the uncodified sections and items of law marked with
an asterisk take effect on the ninety-first day after this act is
filed with the Secretary of State. If, however, a referendum
petition is filed against an uncodified section or item of law
marked with an asterisk, the uncodified section or item of law
marked with an asterisk, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
If the amending and existing repeal clauses commanding the
amendment of an uncodified section of law are both marked with
asterisks, the uncodified section as amended is deemed also to
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law has
the form *.
This section defines the meaning and form of, but is not
itself to be considered marked with, an asterisk.
Section 208. The amendment to Section 10 of Am. Sub. S.B. 287
of the 123rd General Assembly constitutes an item of law that is
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1c and section 1.471 of the Revised Code, the
item takes effect on the ninety-first day after this act is filed
with the Secretary of State. If, however, a referendum petition
is filed against the item, the item, unless rejected at the
referendum, takes effect at the earliest time permitted by law.
Section 209. The amendments by this act to Section 5 of Am.
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am.
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am.
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am.
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am.
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am.
S.B. 210 of the 123rd General Assembly, and to Section 129 of
Am.
Sub. H.B. 283 of the 123rd General Assembly constitute items
of
law that are not subject to the referendum. Therefore, under
Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the items go into immediate effect when this act
becomes law.
Section 210. The repeals by this act of Section 18 of Am.
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to
the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, the repeals
go
into immediate effect when this act becomes law.
Section 211. If the amendment or enactment in this act of a
codified or uncodified section of law is subject to the
referendum, the corresponding indications in the amending,
enacting, or existing repeal clauses commanding the amendment or
enactment also are subject to the referendum, along with the
amendment or enactment. If the amendment or enactment by this act
of a codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the amending,
enacting, or existing repeal clauses commanding the amendment or
enactment also are not subject to the referendum, the same as the
amendment or enactment.
Section 212. An item, other than an amending, enacting, or
repealing clause, that composes the whole or part of an uncodified
section contained in this act has no effect after June 30, 2003,
unless its context clearly indicates otherwise.
Section 213. The amendment of sections 4779.01, 4779.02,
4779.16, 4779.19, 4779.20, and 4779.26 of the Revised Code is not
intended to supersede the earlier repeal, with delayed effective
date, of those sections.
Section 214. * Section 102.06 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of
the 120th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 215. *Section 121.04 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub. H.B. 601 and Am. Sub. H.B. 640 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 216. * Section 124.24 of the Revised Code is
presented
in this act
as a composite of the section as amended by
both
Sub.
H.B. 601 and Am. Sub. H.B. 628 of the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 217. Section 901.63 of the Revised Code is
presented
in this act as a composite of the section as amended by
both Sub.
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General
Assembly. The
General Assembly, applying the principle stated in
division (B) of
section 1.52 of the Revised Code that amendments
are to be
harmonized if reasonably capable of simultaneous
operation, finds
that the composite is the resulting version of
the section in
effect prior to the effective date of the section
as presented in
this act.
Section 218. * Section 2317.02 of the Revised Code is
presented in this act as a composite of the section as amended by
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General
Assembly. The General Assembly, applying the principle stated in
division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous
operation, finds that the composite is the resulting version of
the section in effect prior to the effective date of the section
as presented in this act.
Section 219. * Section 2953.21 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Sub.
S.B. 258 and Am. Sub. S.B. 269 of
the 121st General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 220. Section 3317.03 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 640 and Sub. S.B. 173 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 221. Section 4503.12 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. H.B. 141 and Am. Sub. S.B. 60 of
the 122nd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 222. * Section 5101.141 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub. H.B. 332 and Sub. H.B. 448 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 223. * Section 5101.80 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 470 and H.B. 471 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 224. * Section 5119.61 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
H.B. 264 and Am. Sub. H.B. 283 of
the 123rd General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 225. Section 5123.71 of the Revised Code is
presented
in this act
as a composite of the section as amended by
both
Sub.
H.B. 629 and Am. Sub. S.B. 285 of the 121st General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 226. Section 5123.76 of the Revised Code is
presented
in this act
as a composite of the section as amended by
both
Sub.
H.B. 629 and Am. Sub. S.B. 285 of the 121st General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 227. * Section 5727.26 of the Revised Code is
presented in
this act as a composite of the section as amended by
both H.B. 612 and Am. Sub. H.B. 640 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 228. * Section 5731.21 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 313 and Sub. S.B. 108 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 229. * Section 5739.02 of the Revised Code is
presented
in
this act as a composite of the section as amended by
Am.
Sub.
H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of
the
123rd
General
Assembly. The General Assembly, applying the
principle
stated in
division (B) of section 1.52 of the Revised
Code that
amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 230. If any item of law that constitutes the whole or
part of a codified or uncodified section of law contained in this
act, or if any application of any item of law that constitutes the
whole or part of a codified or uncodified section of law contained
in this act, is held invalid, the invalidity does not affect other
items of law or applications of items of law that can be given
effect without the invalid item of law or application. To this
end, the items of law of which the codified and uncodified
sections contained in this act are composed, and their
applications, are independent and severable.