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To amend sections 9.06, 9.821, 9.822, 101.15, | 1 |
101.27, 101.30, 101.34, 101.37, 101.72, 101.73, | 2 |
102.02, 102.03, 102.031, 102.06, 103.143, 105.41, | 3 |
111.16, 111.18, 111.23, 111.25, 118.08, 119.12, | 4 |
120.06, 120.16, 120.26, 120.33, 121.04, 121.371, | 5 |
121.40, 121.63, 122.011, 122.71, 122.76, 122.92, | 6 |
124.24, 124.82, 125.22, 126.11, 126.21, 127.16, | 7 |
131.01, 133.021, 133.06, 133.07, 140.01, 151.04, | 8 |
166.03, 169.01, 173.40, 173.46, 173.47, 175.03, | 9 |
175.21, 175.22, 175.24, 179.02, 179.03, 179.04, | 10 |
181.51, 181.52, 181.54, 181.55, 181.56, 183.09, | 11 |
183.10, 183.17, 183.28, 183.30, 301.27, 313.091, | 12 |
325.071, 329.042, 349.01, 503.162, 504.03, 504.04, | 13 |
505.24, 507.09, 901.43, 901.63, 901.81, 901.82, | 14 |
917.07, 917.99, 1309.40, 1309.401, 1309.402, | 15 |
1309.42, 1329.01, 1329.04, 1329.06, 1329.07, | 16 |
1329.42, 1329.421, 1329.45, 1329.56, 1329.58, | 17 |
1329.60, 1329.601, 1345.21, 1501.01, 1501.04, | 18 |
1501.23, 1501.40, 1503.011, 1507.01, 1509.06, | 19 |
1509.071, 1509.08, 1509.11, 1509.23, 1513.05, | 20 |
1513.13, 1513.14, 1514.11, 1521.04, 1531.35, | 21 |
1533.13, 1547.67, 1561.05, 1561.07, 1561.11, | 22 |
1561.12, 1561.13, 1561.14, 1561.15, 1561.16, | 23 |
1561.17, 1561.18, 1561.19, 1561.20, 1561.21, | 24 |
1561.22, 1561.23, 1561.26, 1561.35, 1561.351, | 25 |
1561.46, 1561.51, 1561.52, 1563.13, 1565.04, | 26 |
1565.06, 1565.07, 1565.08, 1565.25, 1701.05, | 27 |
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, | 28 |
1702.59, 1703.04, 1703.041, 1703.15, 1703.17, | 29 |
1703.27, 1703.31, 1705.05, 1705.06, 1705.38, | 30 |
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, | 31 |
1747.04, 1747.10, 1775.63, 1775.64, 1782.04, | 32 |
1782.08, 1782.09, 1782.433, 1785.06, 1901.26, | 33 |
1907.24, 2303.201, 2317.02, 2317.022, 2329.66, | 34 |
2715.041, 2715.045, 2716.13, 2921.13, 2953.21, | 35 |
3109.14, 3109.17, 3119.022, 3301.075, 3301.70, | 36 |
3301.80, 3301.85, 3307.05, 3311.057, 3313.37, | 37 |
3313.41, 3313.603, 3313.64, 3314.07, 3314.08, | 38 |
3314.09, 3316.20, 3317.01, 3317.012, 3317.013, | 39 |
3317.014, 3317.02, 3317.021, 3317.022, 3317.023, | 40 |
3317.024, 3317.029, 3317.0212, 3317.0213, | 41 |
3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, | 42 |
3317.064, 3317.11, 3317.13, 3317.16, 3317.161, | 43 |
3317.162, 3317.19, 3317.20, 3318.01, 3318.04, | 44 |
3318.08, 3318.084, 3318.10, 3318.31, 3318.36, | 45 |
3319.19, 3321.01, 3323.09, 3323.091, 3327.10, | 46 |
3333.02, 3333.03, 3333.043, 3333.12, 3333.13, | 47 |
3333.21, 3333.22, 3345.19, 3353.07, 3383.01, | 48 |
3383.02, 3383.04, 3383.07, 3505.063, 3517.092, | 49 |
3701.142, 3702.68, 3704.034, 3721.07, 3721.12, | 50 |
3721.16, 3721.17, 3721.51, 3721.56, 3734.57, | 51 |
3734.82, 3734.901, 3734.904, 3735.27, 3745.014, | 52 |
3745.04, 3745.11, 3745.22, 3748.07, 3748.13, | 53 |
3750.02, 3750.13, 3769.08, 3769.085, 3769.20, | 54 |
3770.06, 3793.04, 3902.23, 3923.28, 3923.30, | 55 |
4105.17, 4115.10, 4121.44, 4123.27, 4301.12, | 56 |
4301.17, 4301.422, 4301.43, 4303.33, 4303.331, | 57 |
4503.10, 4503.102, 4503.12, 4503.182, 4504.05, | 58 |
4505.061, 4506.08, 4507.23, 4507.24, 4507.50, | 59 |
4507.52, 4511.81, 4519.03, 4519.10, 4519.56, | 60 |
4519.69, 4701.10, 4701.16, 4707.01, 4707.011, | 61 |
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, | 62 |
4707.07, 4707.071, 4707.072, 4707.08, 4707.09, | 63 |
4707.10, 4707.11, 4707.111, 4707.12, 4707.13, | 64 |
4707.15, 4707.152, 4707.16, 4707.19, 4707.20, | 65 |
4707.21, 4707.23, 4707.99, 4713.10, 4715.03, | 66 |
4715.13, 4715.14, 4715.16, 4715.21, 4715.24, | 67 |
4715.27, 4717.02, 4717.07, 4717.08, 4717.09, | 68 |
4723.08, 4723.32, 4723.79, 4725.44, 4725.48, | 69 |
4725.49, 4729.65, 4731.14, 4731.53, 4734.20, | 70 |
4736.12, 4736.14, 4743.05, 4755.01, 4761.05, | 71 |
4775.01, 4775.02, 4775.08, 4775.99, 4779.01, | 72 |
4779.02, 4779.16, 4779.19, 4779.20, 4779.26, | 73 |
4911.02, 4911.17, 5101.071, 5101.14, 5101.141, | 74 |
5101.145, 5101.184, 5101.19, 5101.36, 5101.521, | 75 |
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, | 76 |
5101.854, 5103.031, 5103.033, 5103.036, | 77 |
5103.0312, 5103.0313, 5103.0314, 5103.0316, | 78 |
5103.07, 5107.02, 5107.10, 5107.14, 5107.18, | 79 |
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, | 80 |
5108.10, 5111.01, 5111.041, 5111.17, 5111.25, | 81 |
5111.251, 5111.262, 5111.28, 5111.29, 5111.87, | 82 |
5119.01, 5119.06, 5119.61, 5120.10, 5122.31, | 83 |
5123.01, 5123.041, 5123.60, 5123.71, 5123.76, | 84 |
5126.01, 5126.042, 5126.05, 5126.051, 5126.12, | 85 |
5126.18, 5126.357, 5126.431, 5139.01, 5139.11, | 86 |
5139.29, 5139.31, 5153.165, 5153.60, 5153.69, | 87 |
5153.78, 5703.17, 5703.49, 5705.091, 5705.19, | 88 |
5705.41, 5705.44, 5709.17, 5721.30, 5725.31, | 89 |
5727.25, 5727.26, 5727.81, 5727.811, 5727.82, | 90 |
5727.84, 5727.85, 5728.08, 5729.07, 5731.21, | 91 |
5733.02, 5733.021, 5733.053, 5733.056, 5733.06, | 92 |
5733.12, 5733.122, 5733.18, 5733.401, 5733.42, | 93 |
5735.06, 5735.061, 5739.01, 5739.02, 5739.024, | 94 |
5739.032, 5739.07, 5739.102, 5739.12, 5739.121, | 95 |
5739.13, 5739.18, 5741.10, 5741.12, 5743.62, | 96 |
5743.63, 5745.03, 5745.04, 5747.122, 5747.221, | 97 |
5747.39, 5749.06, 6101.25, 6109.21, 6111.035, | 98 |
and 6111.044; to amend, for the purpose of | 99 |
adopting new section numbers as indicated in | 100 |
parentheses, sections 3317.161 (3317.052), | 101 |
3317.162 (3317.053), 5101.19 (329.19), 5101.071 | 102 |
(5101.251), 5101.853 (5101.851), 5101.854 | 103 |
(5101.853), 5108.06 (5108.03), 5108.07 (5108.05), | 104 |
5108.08 (5108.06), and 5111.87 (5111.871); to | 105 |
enact new sections 5101.852, 5108.07, 5108.08, | 106 |
5111.87, and 5126.054 and sections 101.302, | 107 |
101.303, 103.33, 109.761, 122.60, 122.601, | 108 |
122.602, 122.603, 122.604, 122.605, 340.16, | 109 |
504.21, 1502.12, 1513.10, 1521.19, 3302.041, | 110 |
3303.01, 3305.061, 3311.058, 3311.062, 3313.21, | 111 |
3314.072, 3314.091, 3317.0217, 3318.042, 3318.086, | 112 |
3318.363, 3318.50, 3318.51, 3318.52, 3353.11, | 113 |
3383.09, 3701.92, 3745.10, 3745.15, 3748.08, | 114 |
3750.081, 4117.102, 4715.031, 4723.062, 4731.573, | 115 |
4905.87, 5101.821, 5111.0110, 5111.042, 5111.081, | 116 |
5111.171, 5111.63, 5111.64, 5111.85, 5111.86, | 117 |
5111.872, 5111.873, 5123.044, 5123.045, 5123.046, | 118 |
5123.047, 5123.048, 5123.049, 5123.0410, | 119 |
5123.0411, 5123.0412, 5123.0413, 5126.046, | 120 |
5126.047, 5126.055, 5126.056, 5139.87, and | 121 |
5153.06; to contingently enact section 1309.525 of | 122 |
the Revised Code; and to repeal sections 9.832, | 123 |
103.31, 103.32, 105.45, 105.46, 121.51, 121.52, | 124 |
121.53, 131.41, 166.032, 307.031, 1329.68, | 125 |
1503.35, 1503.351, 1507.12, 1553.01, 1553.02, | 126 |
1553.03, 1553.04, 1553.05, 1553.06, 1553.07, | 127 |
1553.08, 1553.09, 1553.10, 1553.99, 1561.10, | 128 |
1561.53, 1561.54, 1561.55, 2151.652, 3317.0215, | 129 |
3324.01, 3324.02, 3324.03, 3324.04, 3324.05, | 130 |
3324.06, 3324.07, 3701.88, 3702.17, 3729.01, | 131 |
3729.02, 3729.03, 3729.05, 3729.10, 3729.11, | 132 |
3729.12, 3729.14, 3729.15, 3729.16, 3729.17, | 133 |
3729.18, 3729.21, 3729.22, 3729.23, 3729.24, | 134 |
3729.26, 3729.29, 3729.36, 3729.40, 3729.41, | 135 |
3729.43, 3729.45, 3729.46, 3729.55, 3729.61, | 136 |
3729.99, 5101.143, 5101.52, 5101.541, 5101.542, | 137 |
5101.543, 5101.851, 5101.852, 5111.341, 5111.88, | 138 |
5126.054, 5139.28, and 5741.18 of the Revised | 139 |
Code; to amend the versions of sections 5139.29, | 140 |
5139.31, and 5705.19 and to repeal the version of | 141 |
section 2151.652 of the Revised Code that are | 142 |
scheduled to take effect January 1, 2002; and to | 143 |
amend the versions of sections 5139.01 and 5139.11 | 144 |
of the Revised Code that are scheduled to take | 145 |
effect January 1, 2002, and to amend Section 153 | 146 |
of Am. Sub. H.B. 117 of the 121st General | 147 |
Assembly, as subsequently amended; to amend | 148 |
Section 3 of Am. Sub. H.B. 440 of the 121st | 149 |
General Assembly, as subsequently amended; to | 150 |
amend Section 5 of Am. Sub. S.B. 50 of the 121st | 151 |
General Assembly, as subsequently amended; to | 152 |
amend Section 3 of Am. Sub. H.B. 215 of the 122nd | 153 |
General Assembly, as subsequently amended; to | 154 |
amend Section 1 of Sub. H.B. 574 of the 123rd | 155 |
General Assembly; to amend Section 3 of Am. Sub. | 156 |
H.B. 621 of the 122nd General Assembly, as | 157 |
subsequently amended; to amend Sections 6.02, 9, | 158 |
and 23 of Am. Sub. H.B. 640 of the 123rd General | 159 |
Assembly; to amend Sections 6.01 and 18 of Am. | 160 |
Sub. H.B. 640 of the 123rd General Assembly, as | 161 |
subsequently amended; to amend Section 9 of Am. | 162 |
Sub. S.B. 192 of the 123rd General Assembly; to | 163 |
amend Section 18 of Am. Sub. S.B. 192 of the 123rd | 164 |
General Assembly, as subsequently amended; to | 165 |
amend Section 4 of Am. S.B. 210 of the 123rd | 166 |
General Assembly; to amend Section 28.43 of Sub. | 167 |
S.B. 245 of the 123rd General Assembly; to amend | 168 |
Sections 129 and 180 of Am. Sub. H.B. 283 of the | 169 |
123rd General Assembly; to amend Section 1 of Sub. | 170 |
H.B. 574 of the 123rd General Assembly; to amend | 171 |
Sections 10 and 13 of Am. Sub. S.B. 287 of the | 172 |
123rd General Assembly; to repeal Section 4 of Am. | 173 |
Sub. H.B. 478 of the 119th General Assembly, as | 174 |
subsequently amended; to repeal Section 18 of Am. | 175 |
Sub. H.B. 650 of the 122nd General Assembly, as | 176 |
subsequently amended; to repeal Section 17 of Am. | 177 |
Sub. H.B. 282 of the 123rd General Assembly, as | 178 |
subsequently amended; to repeal Section 15 of Am. | 179 |
Sub. S.B. 287 of the 123rd General Assembly and to | 180 |
repeal Section 173 of this act on January 16, 2002 | 181 |
to make operating appropriations for the biennium | 182 |
beginning July 1, 2001, and ending June 30, 2003, | 183 |
to provide authorization and conditions for the | 184 |
operation of state programs, and to provide that | 185 |
the provisions of this act relative to the | 186 |
practices of orthotics, prosthetics, and | 187 |
pedorthics terminate on December 31, 2004, when | 188 |
sections 4779.01, 4779.02, 4779.16, 4779.19, | 189 |
4779.20, and 4779.26 of the Revised Code are | 190 |
repealed on that date. | 191 |
Section 1. That sections 9.06, 9.821, 9.822, 101.15, 101.27, | 192 |
101.30, 101.34, 101.37, 101.72, 101.73, 102.02, 102.03, 102.031, | 193 |
102.06, 103.143, 105.41, 111.16, 111.18, 111.23, 111.25, 118.08, | 194 |
119.12, 120.06, 120.16, 120.26, 120.33, 121.04, 121.371, 121.40, | 195 |
121.63, 122.011, 122.71, 122.76, 122.92, 124.24, 124.82, 125.22, | 196 |
126.11, 126.21, 127.16, 131.01, 133.021, 133.06, 133.07, 140.01, | 197 |
151.04, 166.03, 169.01, 173.40, 173.46, 173.47, 175.03, 175.21, | 198 |
175.22, 175.24, 179.02, 179.03, 179.04, 181.51, 181.52, 181.54, | 199 |
181.55, 181.56, 183.09, 183.10, 183.17, 183.28, 183.30, 301.27, | 200 |
313.091, 325.071, 329.042, 349.01, 503.162, 504.03, 504.04, | 201 |
505.24, 507.09, 901.43, 901.63, 901.81, 901.82, 917.07, 917.99, | 202 |
1309.40, 1309.401, 1309.402, 1309.42, 1329.01, 1329.04, 1329.06, | 203 |
1329.07, 1329.42, 1329.421, 1329.45, 1329.56, 1329.58, 1329.60, | 204 |
1329.601, 1345.21, 1501.01, 1501.04, 1501.23, 1501.40, 1503.011, | 205 |
1507.01, 1509.06, 1509.071, 1509.08, 1509.11, 1509.23, 1513.05, | 206 |
1513.13, 1513.14, 1514.11, 1521.04, 1531.35, 1533.13, 1547.67, | 207 |
1561.05, 1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15, | 208 |
1561.16, 1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22, | 209 |
1561.23, 1561.26, 1561.35, 1561.351, 1561.46, 1561.51, 1561.52, | 210 |
1563.13, 1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05, | 211 |
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04, | 212 |
1703.041, 1703.15, 1703.17, 1703.27, 1703.31, 1705.05, 1705.06, | 213 |
1705.38, 1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, | 214 |
1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, | 215 |
1785.06, 1901.26, 1907.24, 2303.201, 2317.02, 2317.022, 2329.66, | 216 |
2715.041, 2715.045, 2716.13, 2921.13, 2953.21, 3109.14, 3109.17, | 217 |
3119.022, 3301.075, 3301.70, 3301.80, 3301.85, 3307.05, 3311.057, | 218 |
3313.37, 3313.41, 3313.603, 3313.64, 3314.07, 3314.08, 3314.09, | 219 |
3316.20, 3317.01, 3317.012, 3317.013, 3317.014, 3317.02, 3317.021, | 220 |
3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, | 221 |
3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 3317.064, 3317.11, | 222 |
3317.13, 3317.16, 3317.161, 3317.162, 3317.19, 3317.20, 3318.01, | 223 |
3318.04, 3318.08, 3318.084, 3318.10, 3318.31, 3318.36, 3319.19, | 224 |
3321.01, 3323.09, 3323.091, 3327.10, 3333.02, 3333.03, 3333.043, | 225 |
3333.12, 3333.13, 3333.21, 3333.22, 3345.19, 3353.07, 3383.01, | 226 |
3383.02, 3383.04, 3383.07, 3505.063, 3517.092, 3701.142, 3702.68, | 227 |
3704.034, 3721.07, 3721.12, 3721.16, 3721.17, 3721.51, 3721.56, | 228 |
3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014, 3745.04, | 229 |
3745.11, 3745.22, 3748.07, 3748.13, 3750.02, 3750.13, 3769.08, | 230 |
3769.085, 3769.20, 3770.06, 3793.04, 3902.23, 3923.28, 3923.30, | 231 |
4105.17, 4115.10, 4121.44, 4123.27, 4301.12, 4301.17, 4301.422, | 232 |
4301.43, 4303.33, 4303.331, 4503.10, 4503.102, 4503.12, 4503.182, | 233 |
4504.05, 4505.061, 4506.08, 4507.23, 4507.24, 4507.50, 4507.52, | 234 |
4511.81, 4519.03, 4519.10, 4519.56, 4519.69, 4701.10, 4701.16, | 235 |
4707.01, 4707.011, 4707.02, 4707.03, 4707.04, 4707.05, 4707.06, | 236 |
4707.07, 4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11, | 237 |
4707.111, 4707.12, 4707.13, 4707.15, 4707.152, 4707.16, 4707.19, | 238 |
4707.20, 4707.21, 4707.23, 4707.99, 4713.10, 4715.03, 4715.13, | 239 |
4715.14, 4715.16, 4715.21, 4715.24, 4715.27, 4717.02, 4717.07, | 240 |
4717.08, 4717.09, 4723.08, 4723.32, 4723.79, 4725.44, 4725.48, | 241 |
4725.49, 4729.65, 4731.14, 4731.53, 4734.20, 4736.12, 4736.14, | 242 |
4743.05, 4755.01, 4761.05, 4775.01, 4775.02, 4775.08, 4775.99, | 243 |
4779.01, 4779.02, 4779.16, 4779.19, 4779.20, 4779.26, 4911.02, | 244 |
4911.17, 5101.071, 5101.14, 5101.141, 5101.145, 5101.184, 5101.19, | 245 |
5101.36, 5101.521, 5101.54, 5101.80, 5101.83, 5101.85, 5101.853, | 246 |
5101.854, 5103.031, 5103.033, 5103.036, 5103.0312, 5103.0313, | 247 |
5103.0314, 5103.0316, 5103.07, 5107.02, 5107.10, 5107.14, 5107.18, | 248 |
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01, | 249 |
5111.041, 5111.17, 5111.25, 5111.251, 5111.262, 5111.28, 5111.29, | 250 |
5111.87, 5119.01, 5119.06, 5119.61, 5120.10, 5122.31, 5123.01, | 251 |
5123.041, 5123.60, 5123.71, 5123.76, 5126.01, 5126.042, 5126.05, | 252 |
5126.051, 5126.12, 5126.18, 5126.357, 5126.431, 5139.01, 5139.11, | 253 |
5139.29, 5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5703.17, | 254 |
5703.49, 5705.091, 5705.19, 5705.41, 5705.44, 5709.17, 5721.30, | 255 |
5725.31, 5727.25, 5727.26, 5727.81, 5727.811, 5727.82, 5727.84, | 256 |
5727.85, 5728.08, 5729.07, 5731.21, 5733.02, 5733.021, 5733.053, | 257 |
5733.056, 5733.06, 5733.12, 5733.122, 5733.18, 5733.401, 5733.42, | 258 |
5735.06, 5735.061, 5739.01, 5739.02, 5739.024, 5739.032, 5739.07, | 259 |
5739.102, 5739.12, 5739.121, 5739.13, 5739.18, 5741.10, 5741.12, | 260 |
5743.62, 5743.63, 5745.03, 5745.04, 5747.122, 5747.221, 5747.39, | 261 |
5749.06, 6101.25, 6109.21, 6111.035, and 6111.044 be amended; | 262 |
sections 3317.161 (3317.052), 3317.162 (3317.053), 5101.19 | 263 |
(329.19), 5101.071 (5101.251), 5101.853 (5101.851), 5101.854 | 264 |
(5101.853), 5108.06 (5108.03), 5108.07 (5108.05), 5108.08 | 265 |
(5108.06), and 5111.87 (5111.871) be amended for the purpose of | 266 |
adopting new section numbers as indicated in parentheses; new | 267 |
sections 5101.852, 5108.07, 5108.08, 5111.87, and 5126.054 and | 268 |
sections 101.302, 101.303, 103.33, 109.761, 122.60, 122.601, | 269 |
122.602, 122.603, 122.604, 122.605, 340.16, 504.21, 1502.12, | 270 |
1513.10, 1521.19, 3302.041, 3303.01, 3305.061, 3311.058, 3311.062, | 271 |
3313.21, 3314.072, 3314.091, 3317.0217, 3318.042, 3318.086, | 272 |
3318.363, 3318.50, 3318.51, 3318.52, 3353.11, 3383.09, 3701.92, | 273 |
3745.10, 3745.15, 3748.08, 3750.081, 4117.102, 4715.031, 4723.062, | 274 |
4731.573, 4905.87, 5101.821, 5111.0110, 5111.042, 5111.081, | 275 |
5111.171, 5111.63, 5111.64, 5111.85, 5111.86, 5111.872, 5111.873, | 276 |
5123.044, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049, | 277 |
5123.0410, 5123.0411, 5123.0412, 5123.0413, 5126.046, 5126.047, | 278 |
5126.055, 5126.056, 5153.06, and 5139.87 be enacted; and section | 279 |
1309.525 of the Revised Code contingently be enacted to read as | 280 |
follows: | 281 |
Sec. 9.06. (A)(1) The department of rehabilitation and | 282 |
correction shall contract for the private operation and management | 283 |
pursuant to this section of the initial intensive program prison | 284 |
established pursuant to section 5120.033 of the Revised Code and | 285 |
may contract for the private operation and management of any other | 286 |
facility under this section. Counties and municipal corporations | 287 |
to the extent authorized in sections 307.93, 341.35, 753.03, and | 288 |
753.15 of the Revised Code, may contract for the private operation | 289 |
and management of a facility under this section. A contract | 290 |
entered into under this section shall be for an initial term of | 291 |
not more than two years, with an option to renew for additional | 292 |
periods of two years. | 293 |
(2)
| 294 |
rehabilitation and correction, by rule, shall adopt minimum | 295 |
criteria and specifications that a person or entity, other than a | 296 |
person or entity that satisfies the criteria set forth in division | 297 |
(A)(3)(a) of this section and subject to division (I) of this | 298 |
section, must satisfy in order to apply to operate and manage as a | 299 |
contractor pursuant to this section the initial intensive program | 300 |
prison established pursuant to section 5120.033 of the Revised | 301 |
Code. | 302 |
(3) Subject to division (I) of this section, any person or | 303 |
entity that applies to operate and manage a facility as a | 304 |
contractor pursuant to this section shall satisfy one or more of | 305 |
the following criteria: | 306 |
(a) The person or entity is accredited by the American | 307 |
correctional association and, at the time of the application, | 308 |
operates and manages one or more facilities accredited by the | 309 |
American correctional association. | 310 |
(b) The person or entity satisfies all of the minimum | 311 |
criteria and specifications adopted by the department of | 312 |
rehabilitation and correction pursuant to division (A)(2) of this | 313 |
section, provided that this alternative shall be available only in | 314 |
relation to the initial intensive program prison established | 315 |
pursuant to section 5120.033 of the Revised Code. | 316 |
(4) Subject to division (I) of this section, before a public | 317 |
entity may enter into a contract under this section, the | 318 |
contractor shall convincingly demonstrate to the public entity | 319 |
that it can operate the facility with the inmate capacity required | 320 |
by the public entity and provide the services required in this | 321 |
section and realize at least a five per cent savings over the | 322 |
projected cost to the public entity of providing these same | 323 |
services to operate the facility that is the subject of the | 324 |
contract. No out-of-state prisoners may be housed in any facility | 325 |
that is the subject of a contract entered into under this section. | 326 |
(B) Subject to division (I) of this section, any contract | 327 |
entered into under this section shall include all of the | 328 |
following: | 329 |
(1) A requirement that the contractor retain the | 330 |
contractor's accreditation from the American correctional | 331 |
association throughout the contract term or, if the contractor | 332 |
applied pursuant to division (A)(3)(b) of this section, continue | 333 |
complying with the applicable criteria and specifications adopted | 334 |
by the department of rehabilitation and correction pursuant to | 335 |
division (A)(2) of this section; | 336 |
(2) A requirement that all of the following conditions be | 337 |
met: | 338 |
(a) The contractor begins the process of accrediting the | 339 |
facility with the American correctional association no later than | 340 |
sixty days after the facility receives its first inmate. | 341 |
(b) The contractor receives accreditation of the facility | 342 |
within twelve months after the date the contractor applies to the | 343 |
American correctional association for accreditation. | 344 |
(c) Once the accreditation is received, the contractor | 345 |
maintains it for the duration of the contract term. | 346 |
(d) If the contractor does not comply with divisions | 347 |
(B)(2)(a) to (c) of this section, the contractor is in violation | 348 |
of the contract, and the public entity may revoke the contract at | 349 |
its discretion. | 350 |
(3) A requirement that the contractor comply with all rules | 351 |
promulgated by the department of rehabilitation and correction | 352 |
that apply to the operation and management of correctional | 353 |
facilities, including the minimum standards for jails in Ohio and | 354 |
policies regarding the use of force and the use of deadly force, | 355 |
although the public entity may require more stringent standards, | 356 |
and comply with any applicable laws, rules, or regulations of the | 357 |
federal, state, and local governments, including, but not limited | 358 |
to, sanitation, food service, safety, and health regulations. The | 359 |
contractor shall be required to send copies of reports of | 360 |
inspections completed by the appropriate authorities regarding | 361 |
compliance with rules and regulations to the director of | 362 |
rehabilitation and correction or the director's designee and, if | 363 |
contracting with a local public entity, to the governing authority | 364 |
of that entity. | 365 |
(4) A requirement that the contractor report for | 366 |
investigation all crimes in connection with the facility to the | 367 |
public entity, to all local law enforcement agencies with | 368 |
jurisdiction over the place at which the facility is located, and, | 369 |
for a crime committed at a state correctional institution, to the | 370 |
state highway patrol; | 371 |
(5) A requirement that the contractor immediately report all | 372 |
escapes from the facility, and the apprehension of all escapees, | 373 |
by telephone and in writing to all local law enforcement agencies | 374 |
with jurisdiction over the place at which the facility is located, | 375 |
to the prosecuting attorney of the county in which the facility is | 376 |
located, to the state highway patrol, to a daily newspaper having | 377 |
general circulation in the county in which the facility is | 378 |
located, and, if the
| 379 |
institution, to the department of rehabilitation and correction. | 380 |
The written notice may be by either facsimile transmission or | 381 |
mail. A failure to comply with this requirement regarding an | 382 |
escape is a violation of section 2921.22 of the Revised Code. | 383 |
(6) A requirement that, if the facility is a state | 384 |
correctional institution, the contractor provide a written report | 385 |
within specified time limits to the director of rehabilitation and | 386 |
correction or the director's designee of all unusual incidents at | 387 |
the facility as defined in rules promulgated by the department of | 388 |
rehabilitation and correction or, if the facility is a local | 389 |
correctional institution, that the contractor provide a written | 390 |
report of all unusual incidents at the facility to the governing | 391 |
authority of the local public entity; | 392 |
(7) A requirement that the contractor maintain proper | 393 |
control of inmates' personal funds pursuant to rules promulgated | 394 |
by the department of rehabilitation and correction, for state | 395 |
correctional institutions, or pursuant to the minimum standards | 396 |
for jails along with any additional standards established by the | 397 |
local public entity, for local correctional institutions, and that | 398 |
records pertaining to these funds be made available to | 399 |
representatives of the public entity for review or audit; | 400 |
(8) A requirement that the contractor prepare and distribute | 401 |
to the director of rehabilitation and correction or, if | 402 |
contracting with a local public entity, to the governing authority | 403 |
of the local entity, annual budget income and expenditure | 404 |
statements and funding source financial reports; | 405 |
(9) A requirement that the public entity appoint and | 406 |
supervise a full-time contract monitor, that the contractor | 407 |
provide suitable office space for the contract monitor at the | 408 |
facility, and that the contractor allow the contract monitor | 409 |
unrestricted access to all parts of the facility and all records | 410 |
of the facility except the contractor's financial records; | 411 |
(10) A requirement that if the facility is a state | 412 |
correctional institution, designated department of rehabilitation | 413 |
and correction staff members be allowed access to the facility in | 414 |
accordance with rules promulgated by the department; | 415 |
(11) A requirement that the contractor provide internal and | 416 |
perimeter security as agreed upon in the contract; | 417 |
(12) If the facility is a state correctional institution, a | 418 |
requirement that the contractor impose discipline on inmates | 419 |
housed in a state correctional institution, only in accordance | 420 |
with rules promulgated by the department of rehabilitation and | 421 |
correction; | 422 |
(13) A requirement that the facility be staffed at all times | 423 |
with a staffing pattern approved by the public entity and adequate | 424 |
both to ensure supervision of inmates and maintenance of security | 425 |
within the facility, and to provide for programs, transportation, | 426 |
security, and other operational needs. In determining security | 427 |
needs, the contractor shall be required to consider, among other | 428 |
things, the proximity of the facility to neighborhoods and | 429 |
schools. | 430 |
(14) If the contract is with a local public entity, a | 431 |
requirement that the contractor provide services and programs, | 432 |
consistent with the minimum standards for jails promulgated by the | 433 |
department of rehabilitation and correction under section 5120.10 | 434 |
of the Revised Code; | 435 |
(15) A clear statement that no immunity from liability | 436 |
granted to the state, and no immunity from liability granted to | 437 |
political subdivisions under Chapter 2744. of the Revised Code, | 438 |
shall extend to the contractor or any of the contractor's | 439 |
employees; | 440 |
(16) A statement that all documents and records relevant to | 441 |
the facility shall be maintained in the same manner required for, | 442 |
and subject to the same laws, rules, and regulations as apply to, | 443 |
the records of the public entity; | 444 |
(17) Authorization for the public entity to impose a fine on | 445 |
the contractor from a schedule of fines included in the contract | 446 |
for the contractor's failure to perform its contractual duties, or | 447 |
to cancel the contract, as the public entity considers | 448 |
appropriate. If a fine is imposed, the public entity may reduce | 449 |
the payment owed to the contractor pursuant to any invoice in the | 450 |
amount of the imposed fine. | 451 |
(18) A statement that all services provided or goods | 452 |
produced at the facility shall be subject to the same regulations, | 453 |
and the same distribution limitations, as apply to goods and | 454 |
services produced at other correctional institutions; | 455 |
(19) Authorization for the department to establish one or | 456 |
more prison industries at a facility operated and managed by a | 457 |
contractor for the department; | 458 |
(20) A requirement that, if the facility is an intensive | 459 |
program prison established pursuant to section 5120.033 of the | 460 |
Revised Code, the facility shall comply with all criteria for | 461 |
intensive program prisons of that type that are set forth in that | 462 |
section; | 463 |
(21) If the institution is a state correctional institution, | 464 |
a requirement that the contractor provide clothing for all inmates | 465 |
housed in the facility that is conspicuous in its color, style, or | 466 |
color and style, that conspicuously identifies its wearer as an | 467 |
inmate, and that is readily distinguishable from clothing of a | 468 |
nature that normally is worn outside the facility by non-inmates, | 469 |
that the contractor require all inmates housed in the facility to | 470 |
wear the clothing so provided, and that the contractor not permit | 471 |
any inmate, while inside or on the premises of the facility or | 472 |
while being transported to or from the facility, to wear any | 473 |
clothing of a nature that does not conspicuously identify its | 474 |
wearer as an inmate and that normally is worn outside the facility | 475 |
by non-inmates. | 476 |
(C) No contract entered into under this section may require, | 477 |
authorize, or imply a delegation of the authority or | 478 |
responsibility of the public entity to a contractor for any of the | 479 |
following: | 480 |
(1) Developing or implementing procedures for calculating | 481 |
inmate release and parole eligibility dates and recommending the | 482 |
granting or denying of parole, although the contractor may submit | 483 |
written reports that have been prepared in the ordinary course of | 484 |
business; | 485 |
(2) Developing or implementing procedures for calculating | 486 |
and awarding earned credits, approving the type of work inmates | 487 |
may perform and the wage or earned credits, if any, that may be | 488 |
awarded to inmates engaging in
| 489 |
denying, or revoking earned credits; | 490 |
(3) For inmates serving a term imposed for a felony offense | 491 |
committed prior to July 1, 1996, or for a misdemeanor offense, | 492 |
developing or implementing procedures for calculating and awarding | 493 |
good time, approving the good time, if any, that may be awarded to | 494 |
inmates engaging in work, and granting, denying, or revoking good | 495 |
time; | 496 |
(4) For inmates serving a term imposed for a felony offense | 497 |
committed on or after July 1, 1996, extending an inmate's term | 498 |
pursuant to the provisions of law governing bad time; | 499 |
(5) Classifying an inmate or placing an inmate in a more or | 500 |
a less restrictive custody than the custody ordered by the public | 501 |
entity; | 502 |
(6) Approving inmates for work release; | 503 |
(7) Contracting for local or long distance telephone | 504 |
services for inmates
or receiving commissions from
| 505 |
services at a facility that is owned by or operated under a | 506 |
contract with the department. | 507 |
(D) A contractor that has been approved to operate a | 508 |
facility under this section, and a person or entity that enters | 509 |
into a contract for specialized services, as described in division | 510 |
(I) of this section, relative to an intensive program prison | 511 |
established pursuant to section 5120.033 of the Revised Code to be | 512 |
operated by a contractor that has been approved to operate the | 513 |
prison under this section, shall provide an adequate policy of | 514 |
insurance specifically including, but not limited to, insurance | 515 |
for civil rights claims as determined by a risk management or | 516 |
actuarial firm with demonstrated experience in public liability | 517 |
for state governments. The insurance policy shall provide that | 518 |
the state, including all state agencies, and all political | 519 |
subdivisions of the state with jurisdiction over the facility or | 520 |
in which a facility is located are named as insured, and that the | 521 |
state and its political subdivisions shall be sent any notice of | 522 |
cancellation. The contractor may not self-insure. | 523 |
A contractor that has been approved to operate a facility | 524 |
under this section, and a person or entity that enters into a | 525 |
contract for specialized services, as described in division (I) of | 526 |
this section, relative to an intensive program prison established | 527 |
pursuant to section 5120.033 of the Revised Code to be operated by | 528 |
a contractor that has been approved to operate the prison under | 529 |
this section, shall indemnify and hold harmless the state, its | 530 |
officers, agents, and employees, and any local government entity | 531 |
in the state having jurisdiction over the facility or ownership of | 532 |
the facility, shall reimburse the state for its costs in defending | 533 |
the state or any of its officers, agents, or employees, and shall | 534 |
reimburse any local government entity of that nature for its costs | 535 |
in defending the local government entity, from all of the | 536 |
following: | 537 |
(1) Any claims or losses for services rendered by the | 538 |
contractor, person, or entity performing or supplying services in | 539 |
connection with the performance of the contract; | 540 |
(2) Any failure of the contractor, person, or entity or its | 541 |
officers or employees to adhere to the laws, rules, regulations, | 542 |
or terms agreed to in the contract; | 543 |
(3) Any constitutional, federal, state, or civil rights | 544 |
claim brought against the state related to the facility operated | 545 |
and managed by the contractor; | 546 |
(4) Any claims, losses, demands, or causes of action arising | 547 |
out of the contractor's, person's, or entity's activities in this | 548 |
state; | 549 |
(5) Any attorney's fees or court costs arising from any | 550 |
habeas corpus actions or other inmate suits that may arise from | 551 |
any event that occurred at the facility or was a result of such an | 552 |
event, or arise over the conditions, management, or operation of | 553 |
the facility, which fees and costs shall include, but not be | 554 |
limited to, attorney's fees for the state's representation and for | 555 |
any court-appointed representation of any inmate, and the costs of | 556 |
any special
judge who may be appointed to hear
| 557 |
or suits. | 558 |
(E) Private correctional officers of a contractor operating | 559 |
and managing a facility pursuant to a contract entered into under | 560 |
this section may carry and use firearms in the course of their | 561 |
employment only after being certified as satisfactorily completing | 562 |
an approved training program as described in division (A) of | 563 |
section 109.78 of the Revised Code. | 564 |
(F) Upon notification by the contractor of an escape from, | 565 |
or of a disturbance at, the facility that is the subject of a | 566 |
contract entered into under this section, the department of | 567 |
rehabilitation and correction and state and local law enforcement | 568 |
agencies shall use all reasonable means to recapture escapees or | 569 |
quell any disturbance. Any cost incurred by the state or its | 570 |
political subdivisions relating to the apprehension of an escapee | 571 |
or the quelling of a disturbance at the facility shall be | 572 |
chargeable to and borne by the contractor. The contractor shall | 573 |
also reimburse the state or its political subdivisions for all | 574 |
reasonable costs incurred relating to the temporary detention of | 575 |
the escapee following recapture. | 576 |
(G) Any offense that would be a crime if committed at a | 577 |
state correctional institution or jail, workhouse, prison, or | 578 |
other correctional facility shall be a crime if committed by or | 579 |
with regard to inmates at facilities operated pursuant to a | 580 |
contract entered into under this section. | 581 |
(H) A contractor operating and managing a facility pursuant | 582 |
to a contract entered into under this section shall pay any inmate | 583 |
workers at the facility at the rate approved by the public entity. | 584 |
Inmates working at the facility shall not be considered employees | 585 |
of the contractor. | 586 |
(I) In contracting for the private operation and management | 587 |
pursuant to division (A) of this section of the initial intensive | 588 |
program prison established pursuant to section 5120.033 of the | 589 |
Revised Code or of any other intensive program prison established | 590 |
pursuant to that section, the department of rehabilitation and | 591 |
correction may enter into a contract with a contractor for the | 592 |
general operation and management of the prison and may enter into | 593 |
one or more separate contracts with other persons or entities for | 594 |
the provision of specialized services for persons confined in the | 595 |
prison, including, but not limited to, security or training | 596 |
services or medical, counseling, educational, or similar treatment | 597 |
programs. If, pursuant to this division, the department enters | 598 |
into a contract with a contractor for the general operation and | 599 |
management of the prison and also enters into one or more | 600 |
specialized service contracts with other persons or entities, all | 601 |
of the following apply: | 602 |
(1) The contract for the general operation and management | 603 |
shall comply with all requirements and criteria set forth in this | 604 |
section, and all provisions of this section apply in relation to | 605 |
the prison operated and managed pursuant to the contract. | 606 |
(2) Divisions (A)(2), (B), and (C) of this section do not | 607 |
apply in relation to any specialized services contract, except to | 608 |
the extent that the provisions of those divisions clearly are | 609 |
relevant to the specialized services to be provided under the | 610 |
specialized services contract. Division (D) of this section | 611 |
applies in relation to each specialized services contract. | 612 |
(J) As used in this section: | 613 |
(1) "Public entity" means the department of rehabilitation | 614 |
and correction, or a county or municipal corporation or a | 615 |
combination of counties and municipal corporations, that has | 616 |
jurisdiction over a facility that is the subject of a contract | 617 |
entered into under this section. | 618 |
(2) "Local public entity" means a county or municipal | 619 |
corporation, or a combination of counties and municipal | 620 |
corporations, that has jurisdiction over a jail, workhouse, or | 621 |
other correctional facility used only for misdemeanants that is | 622 |
the subject of a contract entered into under this section. | 623 |
(3) "Governing authority of a local public entity" means, for | 624 |
a county, the board of county commissioners; for a municipal | 625 |
corporation, the legislative authority; for a combination of | 626 |
counties and municipal corporation, all the boards of county | 627 |
commissioners and municipal legislative authorities that joined to | 628 |
create the facility. | 629 |
(4)
"Contractor" means a person
| 630 |
into a contract under this section to operate and manage a jail, | 631 |
workhouse, or other correctional facility. | 632 |
(5) "Facility" means the specific county, multicounty, | 633 |
municipal, municipal-county, or multicounty-municipal jail, | 634 |
workhouse, prison, or other type of correctional institution or | 635 |
facility used only for misdemeanants, or a state correctional | 636 |
institution, that is the subject of a contract entered into under | 637 |
this section. | 638 |
(6) "Person or entity" in the case of a contract for the | 639 |
private operation and management of a state correctional | 640 |
institution, includes an employee organization, as defined in | 641 |
section 4117.01 of the Revised Code, that represents employees at | 642 |
state correctional institutions. | 643 |
Sec. 9.821. (A) The department of administrative services | 644 |
shall direct and manage for state agencies all risk management and | 645 |
insurance programs authorized under section 9.822 of the Revised | 646 |
Code. | 647 |
(B) The office of risk management is hereby established | 648 |
within the department of administrative services. The director of | 649 |
administrative services, or a deputy director appointed by the | 650 |
director, shall control and supervise the office. | 651 |
(C) The office may take any of the following actions that it | 652 |
determines to be in the best interests of the state: | 653 |
(1) Provide all insurance coverages for the state, | 654 |
including, but not limited to, automobile liability, casualty, | 655 |
property, public liability, and, except as provided in division | 656 |
(C)(6) of this section, fidelity bond insurance | 657 |
insurance coverage shall be paid from appropriations made to the | 658 |
state agencies that the office has designated to receive the | 659 |
coverage. | 660 |
(2) Provide coverage of legal expenses that are necessary | 661 |
and related to the legal defense of claims against the state; | 662 |
(3) Purchase insurance policies consistent with sections | 663 |
125.01 to 125.111 of the Revised Code, develop and administer | 664 |
self-insurance programs, or do both; | 665 |
(4) Consolidate and combine state insurance coverages; | 666 |
(5) Provide technical services in risk management and | 667 |
insurance to state agencies; | 668 |
(6)(a) Establish and administer a self-insured fidelity bond | 669 |
program for a particular class or subclass of state officer, | 670 |
employee, or agent, if, prior to the establishment and | 671 |
administration of this program, the director does both of the | 672 |
following: | 673 |
(i) Holds a hearing in accordance with Chapter 119. of the | 674 |
Revised Code to determine whether fidelity bond insurance for that | 675 |
particular class or subclass of state officer, employee, or agent | 676 |
is available in the voluntary market; | 677 |
(ii) If, as a result of that hearing, the director | 678 |
determines that fidelity bond insurance for a particular class or | 679 |
subclass of state officer, employee, or agent is unavailable in | 680 |
the voluntary market and that the absence of this insurance | 681 |
threatens the operation of state government and will be | 682 |
detrimental to the general welfare of the citizens of this state, | 683 |
adopts rules in accordance with Chapter 119. of the Revised Code | 684 |
to establish standards and procedures governing the establishment, | 685 |
administration, and termination of the fidelity bond program for | 686 |
that particular class or subclass of state officer, employee, or | 687 |
agent. | 688 |
(b) Division (C)(6)(a) of this section does not apply to any | 689 |
self-insured blanket fidelity bond program that, on
| 690 |
691 | |
pursuant to section 9.831
| 692 |
(7) Except as provided in division (C)(6) of this section, | 693 |
adopt and publish, in accordance with section 111.15 of the | 694 |
Revised Code, necessary rules and procedures governing the | 695 |
administration of the state's insurance and risk management | 696 |
activities. | 697 |
(D) No state agency, except a state agency exempted under | 698 |
section 125.02 or 125.04 of the Revised Code from the department's | 699 |
purchasing authority, shall purchase any insurance described in | 700 |
this section except as authorized by the department and in | 701 |
accordance with terms, conditions, and procurement methods | 702 |
established by the department. | 703 |
(E) With respect to any civil action, demand, or claim | 704 |
against the state that could be filed in the court of claims, | 705 |
nothing in sections 9.82 to 9.823 of the Revised Code shall be | 706 |
interpreted to permit the settlement or compromise of those civil | 707 |
actions, demands, or claims, except in the manner provided in | 708 |
Chapter 2743. of the Revised Code. | 709 |
Sec. 9.822. (A) The department of administrative services | 710 |
through the office of risk management shall establish an insurance | 711 |
plan or plans | 712 |
purchase of insurance, or both, for any of the following purposes: | 713 |
(1) Insuring state real and personal property against losses | 714 |
occasioned by fire, windstorm, or other accidents and perils; | 715 |
(2) Insuring the state and its officers and employees | 716 |
against liability resulting from any civil action, demand, or | 717 |
claim against the state or its officers and employees arising out | 718 |
of any act or omission of an officer or employee in the | 719 |
performance of
| 720 |
which indemnification is prohibited under section 9.87 of the | 721 |
Revised Code; | 722 |
(3) Insuring the state through the fidelity bonding of state | 723 |
officers, employees, and agents who are required by law to provide | 724 |
a fidelity bond. | 725 |
(B)(1) Prior to the establishment of any self-insured | 726 |
fidelity bond program for a particular class or subclass of state | 727 |
officer, employee, or agent authorized pursuant to division (A)(3) | 728 |
of this section, the director of administrative services shall | 729 |
follow the procedures for holding a hearing and adopting rules set | 730 |
forth in division (C)(6)(a) of section 9.821 of the Revised Code. | 731 |
(2) Division (B)(1) of this section does not apply to any | 732 |
self-insured blanket fidelity bond program that, on
| 733 |
734 | |
pursuant to section 9.831
| 735 |
(3) The director shall prepare annually a written report | 736 |
detailing any self-insured fidelity bond program established | 737 |
pursuant to division (A)(3) of this section. The report shall | 738 |
include, but is not limited to, information relating to premiums | 739 |
collected, income from recovery, loss experience, and | 740 |
administrative costs of the program. A copy of the report, | 741 |
together with a copy of those portions of the most recent reports | 742 |
submitted under division (D) of section 9.823 of the Revised Code | 743 |
| 744 |
program, shall be submitted to the speaker of the house of | 745 |
representatives
and the president of the senate by the
| 746 |
day of
| 747 |
Sec. 101.15. (A) As used in this section: | 748 |
(1) "Caucus" means all of the members of either house of the | 749 |
general assembly who are members of the same political party. | 750 |
(2) "Committee" means any committee of either house of the | 751 |
general assembly, a joint committee of both houses of the general | 752 |
assembly, including a committee of conference, or a subcommittee | 753 |
of any committee listed in division (A)(2) of this section. | 754 |
(3) "Meeting" means any prearranged discussion of the public | 755 |
business of a committee by a majority of its members. | 756 |
(B) Except as otherwise provided in division (F) of this | 757 |
section, all meetings of any committee are declared to be public | 758 |
meetings open to the public at all times. The secretary assigned | 759 |
to the chairperson of the committee shall prepare, file, and | 760 |
maintain the minutes of every regular or special meeting of a | 761 |
committee. The committee, at its next regular or special meeting, | 762 |
shall approve the minutes prepared, filed, and maintained by the | 763 |
secretary, or, if the minutes prepared, filed, and maintained by | 764 |
the secretary require correction before their approval, the | 765 |
committee shall correct and approve the minutes at the next | 766 |
following regular or special meeting. The committee shall make | 767 |
the minutes available for public inspection not later than seven | 768 |
days after the meeting the minutes reflect or not later than the | 769 |
committee's next regular or special meeting, whichever occurs | 770 |
first. | 771 |
(C) Each committee shall establish
| 772 |
method whereby any person may determine the time and place of all | 773 |
regularly scheduled meetings and the time, place, and purpose of | 774 |
all special meetings. No committee shall hold a regular or | 775 |
special meeting unless it gives at least twenty-four hours' | 776 |
advance notice to the news media that have requested notification. | 777 |
The
| 778 |
that, upon request and payment of a reasonable fee, any person may | 779 |
obtain reasonable advance notification of all meetings at which | 780 |
any specific type of public business will be discussed. Provisions | 781 |
for advance notification may include, but are not limited to, | 782 |
mailing the agenda of meetings to all subscribers on a mailing | 783 |
list or mailing notices in self-addressed stamped envelopes | 784 |
provided by the person who desires advance notification. | 785 |
(D) Any action of a committee relating to a bill or | 786 |
resolution, or any other formal action of a committee, is invalid | 787 |
unless taken in an open meeting of the committee. Any action of a | 788 |
committee relating to a bill or resolution, or any other formal | 789 |
action of a committee, taken in an open meeting is invalid if it | 790 |
results from deliberations in a meeting not open to the public. | 791 |
(E)(1) Any person may bring an action to enforce this | 792 |
section. An action under this division shall be brought within | 793 |
two years after the date of the alleged violation or threatened | 794 |
violation. Upon proof of a violation or threatened violation of | 795 |
this section in an action brought by any person, the court of | 796 |
common pleas shall issue an injunction to compel the members of | 797 |
the committee to comply with its provisions. | 798 |
(2)(a) If the court of common pleas issues an injunction | 799 |
under division (E)(1) of this section, the court shall order the | 800 |
committee that it enjoins to pay a civil forfeiture of five | 801 |
hundred dollars to the party that sought the injunction and shall | 802 |
award to that party all court costs and, subject to reduction as | 803 |
described in this division, reasonable attorney's fees. The | 804 |
court, in its discretion, may reduce an award of attorney's fees | 805 |
to the party that sought the injunction or not award attorney's | 806 |
fees to that party if the court determines both of the following: | 807 |
(i) That, based on the ordinary application of statutory law | 808 |
and case law as it existed at the time of the violation or | 809 |
threatened violation that was the basis of the injunction, a | 810 |
well-informed committee reasonably would believe that the | 811 |
committee was not violating or threatening to violate this | 812 |
section; | 813 |
(ii) That a well-informed committee reasonably would believe | 814 |
that the conduct or threatened conduct that was the basis of the | 815 |
injunction would serve the public policy that underlies the | 816 |
authority that is asserted as permitting that conduct or | 817 |
threatened conduct. | 818 |
(b) If the court of common pleas does not issue an | 819 |
injunction under division (E)(1) of this section and the court | 820 |
determines at that time that the bringing of the action was | 821 |
frivolous conduct as defined in division (A) of section 2323.51 of | 822 |
the Revised Code, the court shall award to the committee all court | 823 |
costs and reasonable attorney's fees, as determined by the court. | 824 |
(3) Irreparable harm and prejudice to the party that sought | 825 |
the injunction shall be conclusively and irrebuttably presumed | 826 |
upon proof of a violation or threatened violation of this section. | 827 |
(4) A member of a committee who knowingly violates an | 828 |
injunction issued under division (E)(1) of this section may be | 829 |
removed from office by an action brought in the court of common | 830 |
pleas for that purpose by the prosecuting attorney of Franklin | 831 |
county or by the attorney general. | 832 |
(5) The remedies described in divisions (E)(1) to (4) of | 833 |
this section shall be the exclusive remedies for a violation of | 834 |
this section. | 835 |
(F) This section does not apply to or affect either of the | 836 |
following: | 837 |
(1) All meetings of the joint legislative ethics committee | 838 |
created under section 101.34 of the Revised Code other than a | 839 |
meeting that is held for any of the following purposes: | 840 |
(a) To consider the adoption, amendment, or recission of any | 841 |
rule that the joint legislative ethics committee is authorized to | 842 |
adopt pursuant to division (B)(11) of section 101.34, division (E) | 843 |
of section 101.78, division (B) of section 102.02, or division (E) | 844 |
of section 121.68 of the Revised Code; | 845 |
(b) To discuss and consider changes to any administrative | 846 |
operation of the joint legislative ethics committee other than any | 847 |
matter described in division (G) of section 121.22 of the Revised | 848 |
Code; | 849 |
(c) To discuss pending or proposed legislation. | 850 |
(2) Meetings of a caucus. | 851 |
(G) For purposes of division (F)(1)(a) of this section, an | 852 |
advisory opinion, written opinion, or decision relative to a | 853 |
complaint is not a rule. | 854 |
Sec. 101.27. (A)(1) Every member of the senate, except the | 855 |
members elected president, president pro tempore, assistant | 856 |
president pro tempore, majority whip, minority leader, assistant | 857 |
minority leader, minority whip, and assistant minority whip, shall | 858 |
receive as compensation a salary of fifty-one thousand six | 859 |
hundred seventy-four dollars a year during the senator's term of | 860 |
office. Every member of the house of representatives, except the | 861 |
members elected speaker, speaker pro tempore, majority floor | 862 |
leader, assistant majority floor leader, majority whip, assistant | 863 |
majority whip, minority leader, assistant minority leader, | 864 |
minority whip, and assistant minority whip, shall receive as | 865 |
compensation a salary of fifty-one thousand six hundred | 866 |
seventy-four dollars a year during the representative's term of | 867 |
office. Such salaries shall be paid in equal monthly installments | 868 |
during such term. All monthly payments shall be made on or before | 869 |
the fifth day of each month. Upon the death of any member of the | 870 |
general assembly during the member's term of office, any unpaid | 871 |
salary due such member for the remainder of the member's term | 872 |
shall be paid to
the member's
| 873 |
children, mother, or father, in the order in which the | 874 |
relationship is set forth in this section in monthly installments. | 875 |
(2) Each member shall receive a travel
| 876 |
reimbursement per mile each way, at the same mileage rate allowed | 877 |
for the reimbursement of travel expenses of state agents as | 878 |
provided by rule of the director of budget and management pursuant | 879 |
to division (B) of section 126.31 of the Revised Code, for mileage | 880 |
not more than once a week during the session for travel incurred | 881 |
by a member from and to the member's place of residence, by the | 882 |
most direct highway route of public travel to and from the seat of | 883 |
government, to be paid quarterly on the last day of March, June, | 884 |
September, and December of each year. | 885 |
(3) The member of the senate elected president and the | 886 |
member of the house of representatives elected speaker shall each | 887 |
receive as compensation a salary of eighty thousand five hundred | 888 |
forty-nine dollars a year during the president's or speaker's term | 889 |
of office. | 890 |
The member of the senate elected president pro tempore, the | 891 |
member of the senate elected minority leader, the member of the | 892 |
house of representatives elected speaker pro tempore, and the | 893 |
member of the house of representatives elected minority leader | 894 |
shall each receive as compensation a salary of seventy-three | 895 |
thousand four hundred ninety-three dollars a year during the | 896 |
member's term of office. The member of the house of | 897 |
representatives elected majority floor leader and the member of | 898 |
the senate elected assistant president pro tempore shall each | 899 |
receive as compensation a salary of sixty-nine thousand two | 900 |
hundred twenty-seven dollars a year during the member's term of | 901 |
office. The member of the senate elected assistant minority | 902 |
leader and the member of the house of representatives elected | 903 |
assistant minority leader shall each receive as compensation a | 904 |
salary of sixty-seven thousand ninety-nine dollars a year during | 905 |
the member's term of office. The member of the senate elected | 906 |
majority whip and the member of the house of representatives | 907 |
elected assistant majority floor leader shall each receive a | 908 |
salary of sixty-four thousand nine hundred sixty-seven dollars a | 909 |
year during the member's term of office. The member of the senate | 910 |
elected minority whip, the member of the house of representatives | 911 |
elected majority whip, and the member of the house of | 912 |
representatives elected minority whip shall each receive as | 913 |
compensation a salary of sixty thousand seven hundred six | 914 |
dollars a year during the member's term of office. The member of | 915 |
the house of representatives elected assistant majority whip shall | 916 |
receive as compensation a salary of fifty-six thousand four | 917 |
hundred forty-three dollars a year during the member's term of | 918 |
office. The member of the house of representatives elected | 919 |
assistant minority whip and the member of the senate elected | 920 |
assistant minority whip shall each receive a salary of fifty-four | 921 |
thousand sixty dollars a year during the member's term of office. | 922 |
(4) The chairperson of the finance committee of each house | 923 |
shall receive an additional sum of ten thousand dollars annually. | 924 |
The chairperson of each standing committee of each house other | 925 |
than the finance committee shall receive an additional sum of six | 926 |
thousand five hundred dollars annually. The chairperson of each | 927 |
standing subcommittee of a finance committee shall receive an | 928 |
additional sum of six thousand five hundred dollars annually. | 929 |
The vice-chairperson of the finance committee of each house shall | 930 |
receive an additional sum of five thousand five hundred dollars | 931 |
annually. The ranking minority member of the finance committee | 932 |
of each house shall receive an additional sum of six thousand | 933 |
five hundred dollars annually. The ranking minority member of | 934 |
each standing subcommittee of a finance committee shall receive an | 935 |
additional sum of five thousand dollars annually. The | 936 |
chairperson of each standing subcommittee of each house other than | 937 |
a standing subcommittee of the finance committee shall receive an | 938 |
additional sum of five thousand dollars annually. The | 939 |
vice-chairperson and ranking minority member of each standing | 940 |
committee of each house other than the finance committee shall | 941 |
each receive an additional sum of five thousand dollars | 942 |
annually. Except for the ranking minority member of each standing | 943 |
subcommittee of a finance committee, the ranking minority member | 944 |
of each standing subcommittee of each house shall receive an | 945 |
additional sum of two thousand five hundred dollars annually. | 946 |
No member may receive more than one additional sum for | 947 |
serving as chairperson, vice-chairperson, or ranking minority | 948 |
member of a standing committee or standing subcommittee, | 949 |
regardless of the number of standing committees or standing | 950 |
subcommittees on which the member serves as chairperson, | 951 |
vice-chairperson, or ranking minority member. | 952 |
(5) If a member is absent without leave, or is not excused | 953 |
on the member's return, there shall be deducted from the member's | 954 |
compensation twenty dollars for each day's absence. | 955 |
(B) Each calendar year from 2002 through 2008, the salary | 956 |
amounts under divisions (A)(1) and (3) of this section shall be | 957 |
increased by the lesser of the following: | 958 |
(1) Three per cent; | 959 |
(2) The percentage increase, if any, in the consumer price | 960 |
index over the twelve-month period that ends on the thirtieth day | 961 |
of September of the immediately preceding year, rounded to the | 962 |
nearest one-tenth of one per cent. | 963 |
(C) As used in this section: | 964 |
(1) "Consumer price index" means the consumer price index | 965 |
prepared by the United States bureau of labor statistics (U.S. | 966 |
city average for urban wage earners and clerical workers: all | 967 |
items, 1982-1984=100), or, if that index is no longer published, a | 968 |
generally available comparable index. | 969 |
(2) "Finance committee" means the finance committee of the | 970 |
senate and the finance-appropriations committee of the house of | 971 |
representatives. | 972 |
Sec. 101.30. (A) As used in this section and in sections | 973 |
101.302 and 101.303 of the Revised Code: | 974 |
(1) "Legislative document" includes, but is not limited to, | 975 |
all of the following: | 976 |
(a) A working paper, work product, correspondence, | 977 |
preliminary draft, note, proposed bill or resolution, proposed | 978 |
amendment to a bill or resolution, analysis, opinion, memorandum, | 979 |
or other document in whatever form or format prepared by | 980 |
legislative staff for a member of the general assembly or for | 981 |
general assembly staff; | 982 |
(b) Any document or material in whatever form or format | 983 |
provided by a member of the general assembly or general assembly | 984 |
staff to legislative staff that requests, or that provides | 985 |
information or materials to assist in, the preparation of any of | 986 |
the items described in division (A)(1)(a) of this section; | 987 |
(c) Any summary of a bill or resolution or of an amendment | 988 |
to a bill or resolution in whatever form or format that is | 989 |
prepared by or in the possession of a member of the general | 990 |
assembly or general assembly staff, if the summary is prepared | 991 |
before the bill, resolution, or amendment is filed for | 992 |
introduction or presented at a committee hearing or floor session, | 993 |
as applicable. | 994 |
(2) "Legislative staff" means the staff of the legislative | 995 |
service commission | 996 |
997 | |
the legislative service commission budget group. | 998 |
(3) "General assembly staff" means an officer or employee of | 999 |
either house of the general assembly who acts on behalf of a | 1000 |
member of the general assembly or on behalf of a committee or | 1001 |
either house of the general assembly. | 1002 |
(B)(1) Legislative staff shall maintain a confidential | 1003 |
relationship with each member of the general assembly, and with | 1004 |
each member of the general assembly staff, with respect to | 1005 |
communications between the member of the general assembly or | 1006 |
general assembly staff and legislative staff. Except as otherwise | 1007 |
provided in this division and division (C) of this section, a | 1008 |
legislative document arising out of this confidential relationship | 1009 |
is not a public record for purposes of section 149.43 of the | 1010 |
Revised Code. When it is in the public interest and with the | 1011 |
consent of the commission, the director of the commission may | 1012 |
release to the public any legislative document in the possession | 1013 |
of the commission staff arising out of a confidential relationship | 1014 |
with a former member of the general assembly or former member of | 1015 |
the general assembly staff who is not available to make the | 1016 |
legislative document a public record as provided in division (C) | 1017 |
of this section because of death or disability, whom the director | 1018 |
is unable to contact for that purpose, or who fails to respond to | 1019 |
the director after the director has made a reasonable number of | 1020 |
attempts to make such contact. | 1021 |
(2) Legislative documents that are not public records under | 1022 |
divisions (B)(1) and (C) of this section are not subject to | 1023 |
subpoena duces tecum. A member of the general assembly, member of | 1024 |
the general assembly staff, or member of the legislative staff | 1025 |
neither is subject to subpoena or subpoena duces tecum, nor may be | 1026 |
compelled to testify, with regard to legislative documents that | 1027 |
are not public records under divisions (B)(1) and (C) of this | 1028 |
section. | 1029 |
(C)(1) A legislative document is a public record for | 1030 |
purposes of section 149.43 of the Revised Code if it is an | 1031 |
analysis, synopsis, fiscal note, or local impact statement | 1032 |
prepared by legislative staff that is required to be prepared by | 1033 |
law, or by a rule of either house of the general assembly, for the | 1034 |
benefit of the members of either or both of those houses or any | 1035 |
legislative committee and if it has been presented to those | 1036 |
members. | 1037 |
(2) A legislative document is a public record for purposes | 1038 |
of section 149.43 of the Revised Code if a member of the general | 1039 |
assembly for whom legislative staff prepared the legislative | 1040 |
document does any of the following: | 1041 |
(a) Files it for introduction with the clerk of the senate | 1042 |
or the clerk of the house of representatives, if it is a bill or | 1043 |
resolution; | 1044 |
(b) Presents it at a committee hearing or floor session, if | 1045 |
it is an amendment to a bill or resolution or is a substitute bill | 1046 |
or resolution; | 1047 |
(c) Releases it, or authorizes general assembly staff or | 1048 |
legislative staff to release it, to the public. | 1049 |
Sec. 101.302. A member of the general assembly, a member of | 1050 |
the general assembly staff, and a member of the legislative staff, | 1051 |
in their respective capacities as such, are not liable in a civil | 1052 |
action for any legislative act or duty. In relation to any | 1053 |
legislative act or duty, a member of the general assembly, a | 1054 |
member of the general assembly staff, or a member of the | 1055 |
legislative staff is not subject to subpoena or subpoena duces | 1056 |
tecum in a civil action, may not be made party to a civil action, | 1057 |
and may not be compelled to testify or to produce tangible | 1058 |
evidence in a civil action. | 1059 |
This section is cumulative to Ohio Constitution, Article II, | 1060 |
Section 12. | 1061 |
Sec. 101.303. A member of the legislative staff shall not | 1062 |
be compelled to testify or to produce tangible evidence concerning | 1063 |
any communication with or any advice or assistance given to a | 1064 |
member of the general assembly or a member of the general assembly | 1065 |
staff in relation to any legislative act or duty. | 1066 |
Sec. 101.34. (A) There is hereby created a joint | 1067 |
legislative ethics committee to serve the general assembly. The | 1068 |
committee shall be composed of twelve members, six each from the | 1069 |
two major political parties, and each member shall serve on the | 1070 |
committee during the member's term as a member of that general | 1071 |
assembly. Six members of the committee shall be members of the | 1072 |
house of representatives appointed by the speaker of the house of | 1073 |
representatives, not more than three from the same political | 1074 |
party, and six members of the committee shall be members of the | 1075 |
senate appointed by the president of the senate, not more than | 1076 |
three from the same political party. A vacancy in the committee | 1077 |
shall be filled for the unexpired term in the same manner as an | 1078 |
original appointment. The members of the committee shall be | 1079 |
appointed within fifteen days after the first day of the first | 1080 |
regular session of each general assembly and the committee shall | 1081 |
meet and proceed to recommend an ethics code not later than thirty | 1082 |
days after the first day of the first regular session of each | 1083 |
general assembly. | 1084 |
In the first regular session of each general assembly, the | 1085 |
speaker of the house of representatives shall appoint the | 1086 |
chairperson of the committee from among the house members of the | 1087 |
committee and the president of the senate shall appoint the | 1088 |
vice-chairperson of the committee from among the senate members of | 1089 |
the committee. In the second regular session of each general | 1090 |
assembly, the president of the senate shall appoint the | 1091 |
chairperson of the committee from among the senate members of the | 1092 |
committee and the speaker of the house of representatives shall | 1093 |
appoint the vice-chairperson of the committee from among the house | 1094 |
members of the committee. The chairperson, vice-chairperson, and | 1095 |
members of the committee shall serve until their respective | 1096 |
successors are appointed or until they are no longer members of | 1097 |
the general assembly. | 1098 |
The committee shall meet at the call of the chairperson or | 1099 |
upon the written request of seven members of the committee. | 1100 |
(B) The joint legislative ethics committee: | 1101 |
(1) Shall recommend a code of ethics which is consistent | 1102 |
with law to govern all members and employees of each house of the | 1103 |
general assembly and all candidates for the office of member of | 1104 |
each house; | 1105 |
(2) May receive and hear any complaint which alleges a | 1106 |
breach of any privilege of either house, or misconduct of any | 1107 |
member, employee, or candidate, or any violation of the | 1108 |
appropriate code of ethics; | 1109 |
(3) May obtain information with respect to any complaint | 1110 |
filed pursuant to this section and to that end may enforce the | 1111 |
attendance and testimony of witnesses, and the production of books | 1112 |
and papers; | 1113 |
(4) May recommend whatever sanction is appropriate with | 1114 |
respect to a particular member, employee, or candidate as will | 1115 |
best maintain in the minds of the public a good opinion of the | 1116 |
conduct and character of members and employees of the general | 1117 |
assembly; | 1118 |
(5) May recommend legislation to the general assembly | 1119 |
relating to the conduct and ethics of members and employees of and | 1120 |
candidates for the general assembly; | 1121 |
(6) Shall employ an executive director for the committee and | 1122 |
may employ such other staff as the committee determines necessary | 1123 |
to assist it in exercising its powers and duties. The executive | 1124 |
director and staff of the committee shall be known as the office | 1125 |
of legislative inspector general. At least one member of the | 1126 |
staff of the committee shall be an attorney at law licensed to | 1127 |
practice law in this state. The appointment and removal of the | 1128 |
executive director shall require the approval of at least eight | 1129 |
members of the committee. | 1130 |
(7) May employ a special counsel to assist the committee in | 1131 |
exercising its powers and duties. The appointment and removal of | 1132 |
a special counsel shall require the approval of at least eight | 1133 |
members of the committee. | 1134 |
(8) Shall act as an advisory body to the general assembly | 1135 |
and to individual members, candidates, and employees on questions | 1136 |
relating to ethics, possible conflicts of interest, and financial | 1137 |
disclosure; | 1138 |
(9) Shall provide for the proper forms on which the | 1139 |
statement required pursuant to section 102.02 of the Revised Code | 1140 |
shall be filed and instructions as to the filing of the statement; | 1141 |
(10) Exercise the powers and duties prescribed under | 1142 |
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised | 1143 |
Code; | 1144 |
(11) Adopt in accordance with section 111.15 of the Revised | 1145 |
Code any rules that are necessary to implement and clarify Chapter | 1146 |
102. and sections 2921.42 and 2921.43 of the Revised Code. | 1147 |
(C) There is hereby created in the state treasury the joint | 1148 |
legislative ethics committee fund. All money collected from | 1149 |
registration fees and late filing fees prescribed under sections | 1150 |
101.72 and 121.62 of the Revised Code shall be deposited into the | 1151 |
state treasury to the credit of the fund. Money credited to the | 1152 |
fund and any interest and earnings from the fund shall be used | 1153 |
solely for the operation of the joint legislative ethics committee | 1154 |
and the office of legislative inspector general and for the | 1155 |
purchase of data storage and computerization facilities for the | 1156 |
statements filed with the joint committee under sections 101.73, | 1157 |
101.74, 121.63, and 121.64 of the Revised Code. | 1158 |
(D) The chairperson of the joint committee shall issue a | 1159 |
written report, not later than the thirty-first day of January of | 1160 |
each year, to the speaker and minority leader of the house of | 1161 |
representatives and to the president and minority leader of the | 1162 |
senate that lists the number of committee meetings and | 1163 |
investigations the committee conducted during the immediately | 1164 |
preceding calendar year and the number of advisory opinions it | 1165 |
issued during the immediately preceding calendar year. | 1166 |
(E) Any investigative report that contains facts and | 1167 |
findings regarding a complaint filed with the committee and that | 1168 |
is prepared by the staff of the committee or a special counsel to | 1169 |
the committee shall become a public record upon its acceptance by | 1170 |
a vote of the majority of the members of the committee, except for | 1171 |
any names of specific individuals and entities contained in the | 1172 |
report. If the committee recommends disciplinary action or | 1173 |
reports its findings to the appropriate prosecuting authority for | 1174 |
proceedings in prosecution of the violations alleged in the | 1175 |
complaint, the investigatory report regarding the complaint shall | 1176 |
become a public record in its entirety. | 1177 |
(F)(1) Any file obtained by or in the possession of the | 1178 |
former house ethics committee or former senate ethics committee | 1179 |
shall become the property of the joint legislative ethics | 1180 |
committee. Any such file is confidential if either of the | 1181 |
following applies: | 1182 |
(a) It is confidential under section 102.06 of the Revised | 1183 |
Code or the legislative code of ethics. | 1184 |
(b) If the file was obtained from the former house ethics | 1185 |
committee or from the former senate ethics committee, it was | 1186 |
confidential under any statute or any provision of a code of | 1187 |
ethics that governed the file. | 1188 |
(2) As used in this division, "file" includes, but is not | 1189 |
limited to, evidence, documentation, or any other tangible thing. | 1190 |
Sec. 101.37. (A) There is hereby created the joint council on | 1191 |
mental retardation and developmental disabilities. The joint | 1192 |
council shall consist of three members of the house of | 1193 |
representatives appointed by the speaker of the house of | 1194 |
representatives, not more than two of whom shall be members of the | 1195 |
same political party, three members of the senate appointed by the | 1196 |
president of the senate, not more than two of whom shall be | 1197 |
members of the same political party, and the director of mental | 1198 |
retardation and developmental disabilities. At least one member | 1199 |
of the joint council appointed by the speaker of the house of | 1200 |
representatives and at least one member appointed by the president | 1201 |
of the senate shall be a member of the house or senate committee | 1202 |
with primary responsibility for appropriation issues and at least | 1203 |
one member appointed by the speaker and at least one member | 1204 |
appointed by the president shall be a member of the house or | 1205 |
senate committee with primary responsibility for human services | 1206 |
issues.
| 1207 |
Members of the joint council shall be reimbursed for their | 1208 |
actual and necessary expenses incurred in the performance of their | 1209 |
official duties, provided that reimbursement for such expenses | 1210 |
shall not exceed limits imposed upon the department of mental | 1211 |
retardation and developmental disabilities by administrative rules | 1212 |
regulating travel within this state. Members shall receive no | 1213 |
other
compensation.
| 1214 |
The joint council shall organize itself within fifteen days | 1215 |
after the commencement of each regular session of the general | 1216 |
assembly by electing a chairperson and vice-chairperson. The | 1217 |
joint council may meet upon the call of the chairperson, the | 1218 |
director, or on the
request of any three members.
| 1219 |
Members of the joint council who are appointed from the | 1220 |
general assembly shall serve until the expiration of their terms | 1221 |
in the general assembly. Any vacancies occurring among the | 1222 |
general assembly members of the joint council shall be filled in | 1223 |
the manner of the original appointment. | 1224 |
(B) The joint council shall do all of the following: | 1225 |
| 1226 |
advisory council at any institution under the control of the | 1227 |
department of mental retardation and developmental disabilities | 1228 |
that is created after November 15, 1981; | 1229 |
| 1230 |
director of mental retardation and developmental disabilities and | 1231 |
a citizen's advisory council concerning the appointment of members | 1232 |
to the citizen's advisory council, as provided for in section | 1233 |
5123.092 of the Revised Code; | 1234 |
| 1235 |
or before the thirty-first day of January of each year, as | 1236 |
required by section 5123.093 of the Revised Code; | 1237 |
| 1238 |
circumstances at institutions under the control of the department | 1239 |
of mental retardation and developmental disabilities; | 1240 |
| 1241 |
director of mental retardation and developmental disabilities with | 1242 |
respect to any disputes between the department of mental | 1243 |
retardation and developmental disabilities and entities that have | 1244 |
entered into contracts with the department for the provision of | 1245 |
protective services to individuals with mental retardation or | 1246 |
developmental disabilities; | 1247 |
(6) Provide the director of mental retardation and | 1248 |
developmental disabilities with advice on legislative and fiscal | 1249 |
issues affecting the department of mental retardation and | 1250 |
developmental disabilities, county boards of mental retardation | 1251 |
and developmental disabilities, persons with mental retardation or | 1252 |
developmental disabilities, and providers of services to persons | 1253 |
with mental retardation or developmental disabilities and on | 1254 |
related issues the director requests the joint council to address; | 1255 |
| 1256 |
developmental disabilities, advocate to the general assembly | 1257 |
legislative issues about which the joint council has provided | 1258 |
advice to the director. | 1259 |
(C) Reports and any correspondence received by the joint | 1260 |
council shall be deposited with the legislative service | 1261 |
commission, which shall retain them for not less than three years | 1262 |
after the date of deposit. | 1263 |
Sec. 101.72. (A) Each legislative agent and employer, | 1264 |
within ten days following an engagement of a legislative agent, | 1265 |
shall file with the joint legislative ethics committee an initial | 1266 |
registration statement showing all of the following: | 1267 |
(1) The name, business address, and occupation of the | 1268 |
legislative agent; | 1269 |
(2) The name and business address of the employer and the | 1270 |
real party in interest on whose behalf the legislative agent is | 1271 |
actively advocating, if it is different from the employer. For | 1272 |
the purposes of division (A) of this section, where a trade | 1273 |
association or other charitable or fraternal organization that is | 1274 |
exempt from federal income taxation under subsection 501(c) of the | 1275 |
federal Internal Revenue Code is the employer, the statement need | 1276 |
not list the names and addresses of each member of the association | 1277 |
or organization, so long as the association or organization itself | 1278 |
is listed. | 1279 |
(3) A brief description of the type of legislation to which | 1280 |
the engagement relates. | 1281 |
(B) In addition to the initial registration statement | 1282 |
required by division (A) of this section, each legislative agent | 1283 |
and employer shall file with the joint committee, not later than | 1284 |
the last day of January, May, and September of each year, an | 1285 |
updated registration statement that confirms the continuing | 1286 |
existence of each engagement described in an initial registration | 1287 |
statement and that lists the specific bills or resolutions on | 1288 |
which the agent actively advocated under that engagement during | 1289 |
the period covered by the updated statement, and with it any | 1290 |
statement of expenditures required to be filed by section 101.73 | 1291 |
of the Revised Code and any details of financial transactions | 1292 |
required to be filed by section 101.74 of the Revised Code. | 1293 |
(C) If a legislative agent is engaged by more than one | 1294 |
employer, the agent shall file a separate initial and updated | 1295 |
registration statement for each engagement. If an employer | 1296 |
engages more than one legislative agent, the employer need file | 1297 |
only one updated registration statement under division (B) of this | 1298 |
section, which shall contain the information required by division | 1299 |
(B) of this section regarding all of the legislative agents | 1300 |
engaged by the employer. | 1301 |
(D)(1) A change in any information required by division | 1302 |
(A)(1), (2), or (B) of this section shall be reflected in the next | 1303 |
updated registration statement filed under division (B) of this | 1304 |
section. | 1305 |
(2) Within thirty days after the termination of an | 1306 |
engagement, the legislative agent who was employed under the | 1307 |
engagement shall send written notification of the termination to | 1308 |
the joint committee. | 1309 |
(E) Except as otherwise provided in this division, a | 1310 |
registration fee of ten dollars shall be charged for filing an | 1311 |
initial
registration statement.
All money collected from
| 1312 |
registration
| 1313 |
under division (G) of this section shall be deposited to the | 1314 |
credit of the joint legislative ethics committee fund created | 1315 |
under section 101.34 of the Revised Code.
| 1316 |
An officer or employee of a state agency who actively | 1317 |
advocates in a fiduciary capacity as a representative of that | 1318 |
state agency need not pay the registration fee prescribed by this | 1319 |
division or file expenditure statements under section 101.73 of | 1320 |
the Revised Code. As used in this division, "state agency" does | 1321 |
not include a state institution of higher education as defined in | 1322 |
section 3345.011 of the Revised Code. | 1323 |
(F) Upon registration pursuant to division (A) of this | 1324 |
section, the legislative agent shall be issued a card by the joint | 1325 |
committee showing that the legislative agent is registered. The | 1326 |
registration card and the legislative agent's registration shall | 1327 |
be valid from the date of their issuance until the next | 1328 |
thirty-first day of December of an even-numbered year. | 1329 |
(G) The executive director of the joint committee shall be | 1330 |
responsible for reviewing each registration statement filed with | 1331 |
the joint committee under this section and for determining whether | 1332 |
the statement contains all of the information required by this | 1333 |
section. If the joint committee determines that the registration | 1334 |
statement does not contain all of the required information or that | 1335 |
a legislative agent or employer has failed to file a registration | 1336 |
statement, the joint committee shall send written notification by | 1337 |
certified mail to the person who filed the registration statement | 1338 |
regarding the deficiency in the statement or to the person who | 1339 |
failed to file the registration statement regarding the failure. | 1340 |
Any person so notified by the joint committee shall, not later | 1341 |
than fifteen days after receiving the notice, file a registration | 1342 |
statement or an amended registration statement that does contain | 1343 |
all of the information required by this section. If any person | 1344 |
who receives a notice under this division fails to file a | 1345 |
registration statement or such an amended registration statement | 1346 |
within this fifteen-day
period, the joint committee shall
| 1347 |
1348 | |
1349 | |
1350 | |
1351 | |
1352 | |
a late filing fee equal to twelve dollars and fifty cents per day, | 1353 |
up to a maximum of one hundred dollars, upon that person. The | 1354 |
joint committee may waive the late filing fee for good cause | 1355 |
shown. | 1356 |
(H) On or before the fifteenth day of March of each year, | 1357 |
the joint committee shall, in the manner and form that it | 1358 |
determines, publish a report containing statistical information on | 1359 |
the registration statements filed with it under this section | 1360 |
during the preceding year. | 1361 |
Sec. 101.73. (A) Each legislative agent and each employer | 1362 |
shall file in the office of the joint legislative ethics | 1363 |
committee, with the updated registration statement required by | 1364 |
division (B) of section 101.72 of the Revised Code, a statement of | 1365 |
expenditures as specified in divisions (B) and (C) of this | 1366 |
section. A legislative agent shall file a separate statement of | 1367 |
expenditures under this section for each employer engaging
| 1368 |
legislative agent. | 1369 |
(B)(1) In addition to the information required by divisions | 1370 |
(B)(2) and (3) of this section, a statement filed by a legislative | 1371 |
agent shall show the total amount of expenditures made by the | 1372 |
legislative agent during the reporting period covered by the | 1373 |
statement. | 1374 |
(2) If, during a reporting period covered by a statement, an | 1375 |
employer or any
legislative agent
| 1376 |
either separately or in combination with each other, either | 1377 |
directly or indirectly, expenditures to, at the request of, for | 1378 |
the benefit of, or on behalf of any particular member of the | 1379 |
general assembly, any particular member of the controlling board, | 1380 |
the governor, the director of a department created under section | 1381 |
121.02 of the Revised Code, or any particular member of the staff | 1382 |
of any of the public officers or employees listed in division | 1383 |
(B)(2) of this section, then the employer or legislative agent | 1384 |
shall also state all of the following: | 1385 |
(a) The name of the public officer or employee to whom, at | 1386 |
whose request, for whose benefit, or on whose behalf the | 1387 |
expenditures were made; | 1388 |
(b) The total amount of the expenditures made; | 1389 |
(c) A brief description of the expenditures made; | 1390 |
(d) The approximate date the expenditures were made; | 1391 |
(e) The specific items of legislation, if any, for which the | 1392 |
expenditures were made and the identity of the client on whose | 1393 |
behalf each expenditure was made. | 1394 |
As used in division (B)(2) of this section, "expenditures" | 1395 |
does not include expenditures made by a legislative agent as | 1396 |
payment for meals and other food and beverages. | 1397 |
(3) If, during a reporting period covered by a statement, a | 1398 |
legislative agent made expenditures as payment for meals and other | 1399 |
food and beverages, other than for meals and other food and | 1400 |
beverages provided to a member of the general assembly at a | 1401 |
meeting at which the member participated in a panel, seminar, or | 1402 |
speaking engagement or provided to a member of the general | 1403 |
assembly at a meeting or convention of a national organization to | 1404 |
which
| 1405 |
1406 | |
higher education as defined in section 3345.031 of the Revised | 1407 |
Code pays membership dues, that, when added to the amount of | 1408 |
previous payments made for meals and other food and beverages by | 1409 |
that legislative agent during that same calendar year, exceeded a | 1410 |
total of fifty dollars to, at the request of, for the benefit of, | 1411 |
or on behalf of any particular member of the general assembly, any | 1412 |
particular member of the controlling board, the governor, the | 1413 |
director of a department created under section 121.02 of the | 1414 |
Revised Code, or any particular member of the staff of any of the | 1415 |
public officers or employees listed in division (B)(3) of this | 1416 |
section, then the legislative agent shall also state all of the | 1417 |
following regarding those expenditures: | 1418 |
(a) The name of the public officer or employee to whom, at | 1419 |
whose request, for whose benefit, or on whose behalf the | 1420 |
expenditures were made; | 1421 |
(b) The total amount of the expenditures made; | 1422 |
(c) A brief description of the expenditures made; | 1423 |
(d) The approximate date the expenditures were made; | 1424 |
(e) The specific items of legislation, if any, for which the | 1425 |
expenditures were made and the identity of the client on whose | 1426 |
behalf each expenditure was made. | 1427 |
(C) In addition to the information required by divisions | 1428 |
(B)(2) and (3) of this section, a statement filed by an employer | 1429 |
shall show the total amount of expenditures made by the employer | 1430 |
filing the statement during the period covered by the statement. | 1431 |
As used in this section, "expenditures" does not include the | 1432 |
expenses of maintaining office facilities or the compensation paid | 1433 |
to legislative agents engaged by an employer. | 1434 |
No employer is required to show any expenditure on a | 1435 |
statement filed under this division if the expenditure is reported | 1436 |
on a statement filed under division (B) of this section by a | 1437 |
legislative agent engaged by the employer. | 1438 |
(D) Any statement required to be filed under this section | 1439 |
shall be filed at the times specified in section 101.72 of the | 1440 |
Revised Code. Each statement shall cover expenditures made during | 1441 |
the four-calendar-month period that ended on the last day of the | 1442 |
month immediately preceding the month in which the statement is | 1443 |
required to be filed. | 1444 |
No portion of the amount of an expenditure for a dinner, | 1445 |
party, or other function sponsored by an employer or legislative | 1446 |
agent need be attributed to, or counted toward the amount for, a | 1447 |
reporting period specified in division (B)(2) or (3) of this | 1448 |
section if the sponsor has invited to the function all the members | 1449 |
of either of the following: | 1450 |
(1) The general assembly; | 1451 |
(2) Either house of the general assembly. | 1452 |
However, the amount spent for such function and its date and | 1453 |
purpose shall be reported separately on the statement required to | 1454 |
be filed under this section and the amount spent for the function | 1455 |
shall be added with other expenditures for the purpose of | 1456 |
determining the total amount of expenditures reported in the | 1457 |
statement under division (B)(1) or (C) of this section. | 1458 |
If it is impractical or impossible for a legislative agent or | 1459 |
employer to determine exact dollar amounts or values of | 1460 |
expenditures, reporting of good faith estimates, based upon | 1461 |
reasonable accounting procedures, constitutes compliance with this | 1462 |
section. | 1463 |
(E) All legislative agents and employers shall retain | 1464 |
receipts or maintain records for all expenditures that are | 1465 |
required to be reported pursuant to this section. These receipts | 1466 |
or records shall be maintained for a period ending on the | 1467 |
thirty-first day of December of the second calendar year after the | 1468 |
year in which the expenditure was made. | 1469 |
(F)(1) An employer or legislative agent who is required to | 1470 |
file an expenditure statement under division (B) or (C) of this | 1471 |
section shall deliver a copy of the statement, or of the portion | 1472 |
showing the expenditure, to the public officer or employee who is | 1473 |
listed in the statement as having received the expenditure or on | 1474 |
whose behalf it was made, at least ten days before the date on | 1475 |
which the statement is filed. | 1476 |
(2) If, during a reporting period covered by an expenditure | 1477 |
statement filed under division (B)(2) of this section, an employer | 1478 |
or any legislative agent
| 1479 |
separately or in combination with each other, either directly or | 1480 |
indirectly, expenditures for transportation, lodging, or food and | 1481 |
beverages purchased for consumption on the premises in which the | 1482 |
food and beverages were sold to, at the request of, for the | 1483 |
benefit of, or on behalf of any of the public officers or | 1484 |
employees described in division (B)(2) of this section, the | 1485 |
employer or legislative agent shall deliver to the public officer | 1486 |
or employee a statement that contains all of the nondisputed | 1487 |
information prescribed in division (B)(2)(a) through (e) of this | 1488 |
section with respect to the expenditures described in division | 1489 |
(F)(2) of this section. The statement of expenditures made under | 1490 |
division (F)(2) of this section shall be delivered to the public | 1491 |
officer or employee to whom, at whose request, for whose benefit, | 1492 |
or on whose behalf those expenditures were made on the same day in | 1493 |
which a copy of the expenditure statement or of a portion showing | 1494 |
the expenditure is delivered to the public officer or employee | 1495 |
under division (F)(1) of this section. An employer is not | 1496 |
required to show any expenditure on a statement delivered under | 1497 |
division (F)(2) of this section if the expenditure is shown on a | 1498 |
statement delivered under division (F)(2) of this section by a | 1499 |
legislative agent engaged by the employer. | 1500 |
Sec. 102.02. (A) Except as otherwise provided in division | 1501 |
(H) of this section, every person who is elected to or is a | 1502 |
candidate for a state, county, or city office, or the office of | 1503 |
member of the United States congress, and every person who is | 1504 |
appointed to fill a vacancy for an unexpired term in such an | 1505 |
elective office; all members of the state board of education; the | 1506 |
director, assistant directors, deputy directors, division chiefs, | 1507 |
or persons of equivalent rank of any administrative department of | 1508 |
the state; the president or other chief administrative officer of | 1509 |
every state institution of higher education as defined in section | 1510 |
3345.011 of the Revised Code; the chief executive officer of each | 1511 |
state retirement system; all members of the board of commissioners | 1512 |
on grievances and discipline of the supreme court and the ethics | 1513 |
commission created under section 102.05 of the Revised Code; every | 1514 |
business manager, treasurer, or superintendent of a city, local, | 1515 |
exempted village, joint vocational, or cooperative education | 1516 |
school district or an educational service center; every person who | 1517 |
is elected to or is a candidate for the office of member of a | 1518 |
board of education of a city, local, exempted village, joint | 1519 |
vocational, or cooperative education school district or of a | 1520 |
governing board of an educational service center that has a total | 1521 |
student count of twelve thousand or more as most recently | 1522 |
determined by the department of education pursuant to section | 1523 |
3317.03 of the Revised Code; every person who is appointed to the | 1524 |
board of education of a municipal school district pursuant to | 1525 |
division (B) or (F) of section 3311.71 of the Revised Code; all | 1526 |
members of the board of directors of a sanitary district | 1527 |
established under Chapter 6115. of the Revised Code and organized | 1528 |
wholly for the purpose of providing a water supply for domestic, | 1529 |
municipal, and public use that includes two municipal corporations | 1530 |
in two counties; every public official or employee who is paid a | 1531 |
salary or wage in accordance with schedule C of section 124.15 or | 1532 |
schedule E-2 of section 124.152 of the Revised Code; members of | 1533 |
the board of trustees and the executive director of the tobacco | 1534 |
use prevention and control foundation; members of the board of | 1535 |
trustees and the executive director of the southern Ohio | 1536 |
agricultural and community development foundation; members and the | 1537 |
executive director of the biomedical research and technology | 1538 |
transfer commission; and every other public official or employee | 1539 |
who is designated by the appropriate ethics commission pursuant to | 1540 |
division (B) of this section shall file with the appropriate | 1541 |
ethics commission on a form prescribed by the commission, a | 1542 |
statement disclosing all of the following: | 1543 |
(1) The name of the person filing the statement and each | 1544 |
member of the person's immediate family and all names under which | 1545 |
the person or members of the person's immediate family do | 1546 |
business; | 1547 |
(2)(a) Subject to divisions (A)(2)(b) and (c) of this | 1548 |
section and except as otherwise provided in section 102.022 of the | 1549 |
Revised Code, identification of every source of income, other than | 1550 |
income from a legislative agent identified in division (A)(2)(b) | 1551 |
of this section, received during the preceding calendar year, in | 1552 |
the person's own name or by any other person for the person's use | 1553 |
or benefit, by the person filing the statement, and a brief | 1554 |
description of the nature of the services for which the income was | 1555 |
received. If the person filing the statement is a member of the | 1556 |
general assembly, the statement shall identify the amount of every | 1557 |
source of income received in accordance with the following ranges | 1558 |
of amounts: zero or more, but less than one thousand dollars; one | 1559 |
thousand dollars or more, but less than ten thousand dollars; ten | 1560 |
thousand dollars or more, but less than twenty-five thousand | 1561 |
dollars; twenty-five thousand dollars or more, but less than fifty | 1562 |
thousand dollars; fifty thousand dollars or more, but less than | 1563 |
one hundred thousand dollars; and one hundred thousand dollars or | 1564 |
more. Division (A)(2)(a) of this section shall not be construed | 1565 |
to require a person filing the statement who derives income from a | 1566 |
business or profession to disclose the individual items of income | 1567 |
that constitute the gross income of that business or profession, | 1568 |
except for those individual items of income that are attributable | 1569 |
to the person's or, if the income is shared with the person, the | 1570 |
partner's, solicitation of services or goods or performance, | 1571 |
arrangement, or facilitation of services or provision of goods on | 1572 |
behalf of the business or profession of clients, including | 1573 |
corporate clients, who are legislative agents as defined in | 1574 |
section 101.70 of the Revised Code. A person who files the | 1575 |
statement under this section shall disclose the identity of and | 1576 |
the amount of income received from a person who the public | 1577 |
official or employee knows or has reason to know is doing or | 1578 |
seeking to do business of any kind with the public official's or | 1579 |
employee's agency. | 1580 |
(b) If the person filing the statement is a member of the | 1581 |
general assembly, the statement shall identify every source of | 1582 |
income and the amount of that income that was received from a | 1583 |
legislative agent, as defined in section 101.70 of the Revised | 1584 |
Code, during the preceding calendar year, in the person's own name | 1585 |
or by any other person for the person's use or benefit, by the | 1586 |
person filing the statement, and a brief description of the nature | 1587 |
of the services for which the income was received. Division | 1588 |
(A)(2)(b) of this section requires the disclosure of clients of | 1589 |
attorneys or persons licensed under section 4732.12 of the Revised | 1590 |
Code, or patients of persons certified under section 4731.14 of | 1591 |
the Revised Code, if those clients or patients are legislative | 1592 |
agents. Division (A)(2)(b) of this section requires a person | 1593 |
filing the statement who derives income from a business or | 1594 |
profession to disclose those individual items of income that | 1595 |
constitute the gross income of that business or profession that | 1596 |
are received from legislative agents. | 1597 |
(c) Except as otherwise provided in division (A)(2)(c) of | 1598 |
this section, division (A)(2)(a) of this section applies to | 1599 |
attorneys, physicians, and other persons who engage in the | 1600 |
practice of a profession and who, pursuant to a section of the | 1601 |
Revised Code, the common law of this state, a code of ethics | 1602 |
applicable to the profession, or otherwise, generally are required | 1603 |
not to reveal, disclose, or use confidences of clients, patients, | 1604 |
or other recipients of professional services except under | 1605 |
specified circumstances or generally are required to maintain | 1606 |
those types of confidences as privileged communications except | 1607 |
under specified circumstances. Division (A)(2)(a) of this section | 1608 |
does not require an attorney, physician, or other professional | 1609 |
subject to a confidentiality requirement as described in division | 1610 |
(A)(2)(c) of this section to disclose the name, other identity, or | 1611 |
address of a client, patient, or other recipient of professional | 1612 |
services if the disclosure would threaten the client, patient, or | 1613 |
other recipient of professional services, would reveal details of | 1614 |
the subject matter for which legal, medical, or professional | 1615 |
advice or other services were sought, or would reveal an otherwise | 1616 |
privileged communication involving the client, patient, or other | 1617 |
recipient of professional services. Division (A)(2)(a) of this | 1618 |
section does not require an attorney, physician, or other | 1619 |
professional subject to a confidentiality requirement as described | 1620 |
in division (A)(2)(c) of this section to disclose in the brief | 1621 |
description of the nature of services required by division | 1622 |
(A)(2)(a) of this section any information pertaining to specific | 1623 |
professional services rendered for a client, patient, or other | 1624 |
recipient of professional services that would reveal details of | 1625 |
the subject matter for which legal, medical, or professional | 1626 |
advice was sought or would reveal an otherwise privileged | 1627 |
communication involving the client, patient, or other recipient of | 1628 |
professional services. | 1629 |
(3) The name of every corporation on file with the secretary | 1630 |
of state that is incorporated in this state or holds a certificate | 1631 |
of compliance authorizing it to do business in this state, trust, | 1632 |
business trust, partnership, or association that transacts | 1633 |
business in this state in which the person filing the statement or | 1634 |
any other person for the person's use and benefit had during the | 1635 |
preceding calendar year an investment of over one thousand dollars | 1636 |
at fair market value as of the thirty-first day of December of the | 1637 |
preceding calendar year, or the date of disposition, whichever is | 1638 |
earlier, or in which the person holds any office or has a | 1639 |
fiduciary relationship, and a description of the nature of the | 1640 |
investment, office, or relationship. Division (A)(3) of this | 1641 |
section does not require disclosure of the name of any bank, | 1642 |
savings and loan association, credit union, or building and loan | 1643 |
association with which the person filing the statement has a | 1644 |
deposit or a withdrawable share account. | 1645 |
(4) All fee simple and leasehold interests to which the | 1646 |
person filing the statement holds legal title to or a beneficial | 1647 |
interest in real property located within the state, excluding the | 1648 |
person's residence and property used primarily for personal | 1649 |
recreation; | 1650 |
(5) The names of all persons residing or transacting | 1651 |
business in the state to whom the person filing the statement | 1652 |
owes, in the person's own name or in the name of any other person, | 1653 |
more than one thousand dollars. Division (A)(5) of this section | 1654 |
shall not be construed to require the disclosure of debts owed by | 1655 |
the person resulting from the ordinary conduct of a business or | 1656 |
profession or debts on the person's residence or real property | 1657 |
used primarily for personal recreation, except that the | 1658 |
superintendent of financial institutions shall disclose the names | 1659 |
of all state-chartered savings and loan associations and of all | 1660 |
service corporations subject to regulation under division (E)(2) | 1661 |
of section 1151.34 of the Revised Code to whom the superintendent | 1662 |
in the superintendent's own name or in the name of any other | 1663 |
person owes any money, and that the superintendent and any deputy | 1664 |
superintendent of banks shall disclose the names of all | 1665 |
state-chartered banks and all bank subsidiary corporations subject | 1666 |
to regulation under section 1109.44 of the Revised Code to whom | 1667 |
the superintendent or deputy superintendent owes any money. | 1668 |
(6) The names of all persons residing or transacting | 1669 |
business in the state, other than a depository excluded under | 1670 |
division (A)(3) of this section, who owe more than one thousand | 1671 |
dollars to the person filing the statement, either in the person's | 1672 |
own name or to any person for the person's use or benefit. | 1673 |
Division (A)(6) of this section shall not be construed to require | 1674 |
the disclosure of clients of attorneys or persons licensed under | 1675 |
section 4732.12 or 4732.15 of the Revised Code, or patients of | 1676 |
persons certified under section 4731.14 of the Revised Code, nor | 1677 |
the disclosure of debts owed to the person resulting from the | 1678 |
ordinary conduct of a business or profession. | 1679 |
(7) Except as otherwise provided in section 102.022 of the | 1680 |
Revised Code, the source of each gift of over seventy-five | 1681 |
dollars, or of each gift of over twenty-five dollars received by a | 1682 |
member of the general assembly from a legislative agent, received | 1683 |
by the person in the person's own name or by any other person for | 1684 |
the person's use or benefit during the preceding calendar year, | 1685 |
except gifts received by will or by virtue of section 2105.06 of | 1686 |
the Revised Code, or received from spouses, parents, grandparents, | 1687 |
children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 1688 |
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 1689 |
fathers-in-law, mothers-in-law, or any person to whom the person | 1690 |
filing the statement stands in loco parentis, or received by way | 1691 |
of distribution from any inter vivos or testamentary trust | 1692 |
established by a spouse or by an ancestor; | 1693 |
(8) Except as otherwise provided in section 102.022 of the | 1694 |
Revised Code, identification of the source and amount of every | 1695 |
payment of expenses incurred for travel to destinations inside or | 1696 |
outside this state that is received by the person in the person's | 1697 |
own name or by any other person for the person's use or benefit | 1698 |
and that is incurred in connection with the person's official | 1699 |
duties, except for expenses for travel to meetings or conventions | 1700 |
of a national or state organization to which either house of the | 1701 |
general assembly, any legislative agency, a state institution of | 1702 |
higher education as defined in section 3345.031 of the Revised | 1703 |
Code, any other state agency, or any political subdivision or any | 1704 |
office or agency of a political subdivision pays membership dues; | 1705 |
(9) Except as otherwise provided in section 102.022 of the | 1706 |
Revised Code, identification of the source of payment of expenses | 1707 |
for meals and other food and beverages, other than for meals and | 1708 |
other food and beverages provided at a meeting at which the person | 1709 |
participated in a panel, seminar, or speaking engagement or at a | 1710 |
meeting or convention of a national or state organization to which | 1711 |
| 1712 |
any state agency or any state institution of higher education as | 1713 |
defined in
section
3345.031 of the Revised Code | 1714 |
1715 | |
office or agency of a political subdivision pays membership dues, | 1716 |
that are incurred in connection with the person's official duties | 1717 |
and that exceed one hundred dollars aggregated per calendar year; | 1718 |
(10) If the financial disclosure statement is filed by a | 1719 |
public official or employee described in division (B)(2) of | 1720 |
section 101.73 of the Revised Code or division (B)(2) of section | 1721 |
121.63 of the Revised Code who receives a statement from a | 1722 |
legislative agent, executive agency lobbyist, or employer that | 1723 |
contains the information described in division (F)(2) of section | 1724 |
101.73 of the Revised Code or division (G)(2) of section 121.63 of | 1725 |
the Revised Code, all of the nondisputed information contained in | 1726 |
the statement delivered to that public official or employee by the | 1727 |
legislative agent, executive agency lobbyist, or employer under | 1728 |
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 1729 |
the Revised Code. As used in division (A)(10) of this section, | 1730 |
"legislative agent," "executive agency lobbyist," and "employer" | 1731 |
have the same meanings as in sections 101.70 and 121.60 of the | 1732 |
Revised Code. | 1733 |
A person may file a statement required by this section in | 1734 |
person or by mail. A person who is a candidate for elective | 1735 |
office shall file the statement no later than the thirtieth day | 1736 |
before the primary, special, or general election at which the | 1737 |
candidacy is to be voted on, whichever election occurs soonest, | 1738 |
except that a person who is a write-in candidate shall file the | 1739 |
statement no later than the twentieth day before the earliest | 1740 |
election at which the person's candidacy is to be voted on. A | 1741 |
person who holds elective office shall file the statement on or | 1742 |
before the fifteenth day of April of each year unless the person | 1743 |
is a candidate for office. A person who is appointed to fill a | 1744 |
vacancy for an unexpired term in an elective office shall file the | 1745 |
statement within fifteen days after the person qualifies for | 1746 |
office. Other persons shall file an annual statement on or before | 1747 |
the fifteenth day of April or, if appointed or employed after that | 1748 |
date, within ninety days after appointment or employment. No | 1749 |
person shall be required to file with the appropriate ethics | 1750 |
commission more than one statement or pay more than one filing fee | 1751 |
for any one calendar year. | 1752 |
The appropriate ethics commission, for good cause, may extend | 1753 |
for a reasonable time the deadline for filing a
| 1754 |
statement under this section. | 1755 |
A statement filed under this section is subject to public | 1756 |
inspection at locations designated by the appropriate ethics | 1757 |
commission except as otherwise provided in this section. | 1758 |
(B) The Ohio ethics commission, the joint legislative ethics | 1759 |
committee, and the board of commissioners on grievances and | 1760 |
discipline of the supreme court, using the rule-making procedures | 1761 |
of Chapter 119. of the Revised Code, may require any class of | 1762 |
public officials or employees under its jurisdiction and not | 1763 |
specifically excluded by this section whose positions involve a | 1764 |
substantial and material exercise of administrative discretion in | 1765 |
the formulation of public policy, expenditure of public funds, | 1766 |
enforcement of laws and rules of the state or a county or city, or | 1767 |
the execution of other public trusts, to file an annual statement | 1768 |
on or before the fifteenth day of April under division (A) of this | 1769 |
section. The appropriate ethics commission shall send the public | 1770 |
officials or employees written notice of the requirement by the | 1771 |
fifteenth day of February of each year the filing is required | 1772 |
unless the public official or employee is appointed after that | 1773 |
date, in which case the notice shall be sent within thirty days | 1774 |
after appointment, and the filing shall be made not later than | 1775 |
ninety days after appointment. | 1776 |
Except for disclosure statements filed by members of the | 1777 |
board of trustees and the executive director of the tobacco use | 1778 |
prevention and control foundation, members of the board of | 1779 |
trustees and the executive director of the southern Ohio | 1780 |
agricultural and community development foundation, and members and | 1781 |
the executive director of the biomedical research and technology | 1782 |
transfer commission, disclosure statements filed under this | 1783 |
division with the Ohio ethics commission by members of boards, | 1784 |
commissions, or bureaus of the state for which no compensation is | 1785 |
received other than reasonable and necessary expenses shall be | 1786 |
kept confidential. Disclosure statements filed with the Ohio | 1787 |
ethics commission under division (A) of this section by business | 1788 |
managers, treasurers, and superintendents of city, local, exempted | 1789 |
village, joint vocational, or cooperative education school | 1790 |
districts or educational service centers shall be kept | 1791 |
confidential, except that any person conducting an audit of any | 1792 |
such school district or educational service center pursuant to | 1793 |
section 115.56 or Chapter 117. of the Revised Code may examine the | 1794 |
disclosure statement of any business manager, treasurer, or | 1795 |
superintendent of that school district or educational service | 1796 |
center. The Ohio ethics commission shall examine each disclosure | 1797 |
statement required to be kept confidential to determine whether a | 1798 |
potential conflict of interest exists for the person who filed the | 1799 |
disclosure statement. A potential conflict of interest exists if | 1800 |
the private interests of the person, as indicated by the person's | 1801 |
disclosure statement, might interfere with the public interests | 1802 |
the person is required to serve in the exercise of the person's | 1803 |
authority and duties in the person's office or position of | 1804 |
employment. If the commission determines that a potential | 1805 |
conflict of interest exists, it shall notify the person who filed | 1806 |
the disclosure statement and shall make the portions of the | 1807 |
disclosure statement that indicate a potential conflict of | 1808 |
interest subject to public inspection in the same manner as is | 1809 |
provided for other disclosure statements. Any portion of the | 1810 |
disclosure statement that the commission determines does not | 1811 |
indicate a potential conflict of interest shall be kept | 1812 |
confidential by the commission and shall not be made subject to | 1813 |
public inspection, except as is necessary for the enforcement of | 1814 |
Chapters 102. and 2921. of the Revised Code and except as | 1815 |
otherwise provided in this division. | 1816 |
(C) No person shall knowingly fail to file, on or before the | 1817 |
applicable filing deadline established under this section, a | 1818 |
statement that is required by this section. | 1819 |
(D) No person shall knowingly file a false statement that is | 1820 |
required to be filed under this section. | 1821 |
(E)(1) Except as provided in divisions (E)(2) and (3) of | 1822 |
this section,
| 1823 |
by division (A) or (B) of this section shall be accompanied by a | 1824 |
filing fee of twenty-five dollars. | 1825 |
(2) The statement required by division (A) of this section | 1826 |
shall be accompanied by a filing fee to be paid by the person who | 1827 |
is elected or appointed to, or is a candidate for, any of the | 1828 |
following offices: | 1829 |
For state office, except member of | 1830 | ||||
state board of education | $50 | 1831 | |||
For office of member of United States | 1832 | ||||
congress or member of general assembly | $25 | 1833 | |||
For county office | $25 | 1834 | |||
45 | 1835 | ||||
For city office | $10 | 1836 | |||
20 | 1837 | ||||
For office of member of state board | 1838 | ||||
of education | $10 | 1839 | |||
20 | 1840 | ||||
For office of member of city, local, | 1841 | ||||
exempted village, or cooperative | 1842 | ||||
education board of | 1843 | ||||
education or educational service | 1844 | ||||
center governing board | $ 5 | 1845 | |||
For position of business manager, | 1846 | ||||
treasurer, or superintendent of | 1847 | ||||
city, local, exempted village, joint | 1848 | ||||
vocational, or cooperative education | 1849 | ||||
school district or | 1850 | ||||
educational service center | $ 5 | 1851 | |||
For office of member of the board of | 1852 | ||||
trustees of a state college or university | $50 | 1853 |
(3) No judge of a court of record or candidate for judge of | 1854 |
| 1855 |
court of record, shall be required to pay the fee required under | 1856 |
division (E)(1) or (2) or (F) of this section. | 1857 |
(4) For any public official who is appointed to a | 1858 |
nonelective office of the state and for any employee who holds a | 1859 |
nonelective position in a public agency of the state, the state | 1860 |
agency that is the primary employer of the state official or | 1861 |
employee shall pay the fee required under division (E)(1) or (F) | 1862 |
of this section. | 1863 |
(F) If a statement required to be filed under this section | 1864 |
is not filed by the date on which it is required to be filed, the | 1865 |
appropriate ethics commission shall assess the person required to | 1866 |
file the statement a late filing fee equal to one-half of the | 1867 |
applicable filing fee for each day the statement is not filed, | 1868 |
except that the total amount of the late filing fee shall not | 1869 |
exceed one hundred dollars. | 1870 |
(G)(1) The appropriate ethics commission other than the Ohio | 1871 |
ethics commission shall deposit all fees it receives under | 1872 |
divisions (E) and (F) of this section into the general revenue | 1873 |
fund of the state. | 1874 |
(2) The Ohio ethics commission shall deposit all receipts, | 1875 |
including, but not limited to, fees it receives under divisions | 1876 |
(E) and (F) of this section and all moneys it receives from | 1877 |
settlements under division (G) of section 102.06 of the Revised | 1878 |
Code, into the Ohio ethics commission fund, which is hereby | 1879 |
created in the state treasury. All moneys credited to the fund | 1880 |
shall be used solely for expenses related to the operation and | 1881 |
statutory functions of the commission. | 1882 |
(H) Division (A) of this section does not apply to a person | 1883 |
elected or appointed to the office of precinct, ward, or district | 1884 |
committee member under Chapter 3517. of the Revised Code; a | 1885 |
presidential elector; a delegate to a national convention; village | 1886 |
or township officials and employees; any physician or psychiatrist | 1887 |
who is paid a salary or wage in accordance with schedule C of | 1888 |
section 124.15 or schedule E-2 of section 124.152 of the Revised | 1889 |
Code and whose primary duties do not require the exercise of | 1890 |
administrative discretion; or any member of a board, commission, | 1891 |
or bureau of any county or city who receives less than one | 1892 |
thousand dollars per year for serving in that position. | 1893 |
Sec. 102.03. (A)(1) No present or former public official or | 1894 |
employee shall, during public employment or service or for twelve | 1895 |
months thereafter, represent a client or act in a representative | 1896 |
capacity for any person on any matter in which the public official | 1897 |
or employee personally participated as a public official or | 1898 |
employee through decision, approval, disapproval, recommendation, | 1899 |
the rendering of advice, investigation, or other substantial | 1900 |
exercise of administrative discretion. | 1901 |
(2) For twenty-four months after the conclusion of service, | 1902 |
no former commissioner or attorney examiner of the public | 1903 |
utilities commission shall represent a public utility, as defined | 1904 |
in section 4905.02 of the Revised Code, or act in a representative | 1905 |
capacity on behalf of such a utility before any state board, | 1906 |
commission, or agency. | 1907 |
(3) For twenty-four months after the conclusion of | 1908 |
employment or service, no former public official or employee who | 1909 |
personally participated as a public official or employee through | 1910 |
decision, approval, disapproval, recommendation, the rendering of | 1911 |
advice, the development or adoption of solid waste management | 1912 |
plans, investigation, inspection, or other substantial exercise of | 1913 |
administrative discretion under Chapter 343. or 3734. of the | 1914 |
Revised Code shall represent a person who is the owner or operator | 1915 |
of a facility, as defined in section 3734.01 of the Revised Code, | 1916 |
or who is an applicant for a permit or license for a facility | 1917 |
under that chapter, on any matter in which the public official or | 1918 |
employee personally participated as a public official or employee. | 1919 |
(4) For a period of one year after the conclusion of | 1920 |
employment or service as a member or employee of the general | 1921 |
assembly, no former member or employee of the general assembly | 1922 |
shall represent, or act in a representative capacity for, any | 1923 |
person on any matter before the general assembly, any committee of | 1924 |
the general assembly, or the controlling board. Division (A)(4) | 1925 |
of this section does not apply to or affect a person who separates | 1926 |
from service with the general assembly on or before December 31, | 1927 |
1995. As used in division (A)(4) of this section "person" does | 1928 |
not include any state agency or political subdivision of the | 1929 |
state. | 1930 |
(5) As used in divisions (A)(1), (2), and (3) of this | 1931 |
section, "matter" includes any case, proceeding, application, | 1932 |
determination, issue, or question, but does not include the | 1933 |
proposal, consideration, or enactment of statutes, rules, | 1934 |
ordinances, resolutions, or charter or constitutional amendments. | 1935 |
As used in division (A)(4) of this section, "matter" includes the | 1936 |
proposal, consideration, or enactment of statutes, resolutions, or | 1937 |
constitutional amendments. As used in division (A) of this | 1938 |
section, "represent" includes any formal or informal appearance | 1939 |
before, or any written or oral communication with, any public | 1940 |
agency on behalf of any person. | 1941 |
(6) Nothing contained in division (A) of this section shall | 1942 |
prohibit, during such period, a former public official or employee | 1943 |
from being retained or employed to represent, assist, or act in a | 1944 |
representative capacity for the public agency by which the public | 1945 |
official or employee was employed or on which the public official | 1946 |
or employee served. | 1947 |
(7) Division (A) of this section shall not be construed to | 1948 |
prohibit the performance of ministerial functions, including, but | 1949 |
not limited to, the filing or amendment of tax returns, | 1950 |
applications for permits and licenses, incorporation papers, and | 1951 |
other similar documents. | 1952 |
(B) No present or former public official or employee shall | 1953 |
disclose or use, without appropriate authorization, any | 1954 |
information acquired by the public official or employee in the | 1955 |
course of the public official's or employee's official duties that | 1956 |
is confidential because of statutory provisions, or that has been | 1957 |
clearly designated to the public official or employee as | 1958 |
confidential when that confidential designation is warranted | 1959 |
because of the status of the proceedings or the circumstances | 1960 |
under which the information was received and preserving its | 1961 |
confidentiality is necessary to the proper conduct of government | 1962 |
business. | 1963 |
(C) No public official or employee shall participate within | 1964 |
the scope of duties as a public official or employee, except | 1965 |
through ministerial functions as defined in division (A) of this | 1966 |
section, in any license or rate-making proceeding that directly | 1967 |
affects the license or rates of any person, partnership, trust, | 1968 |
business trust, corporation, or association in which the public | 1969 |
official or employee or immediate family owns or controls more | 1970 |
than five per cent. No public official or employee shall | 1971 |
participate within the scope of duties as a public official or | 1972 |
employee, except through ministerial functions as defined in | 1973 |
division (A) of this section, in any license or rate-making | 1974 |
proceeding that directly affects the license or rates of any | 1975 |
person to whom the public official or employee or immediate | 1976 |
family, or a partnership, trust, business trust, corporation, or | 1977 |
association of which the public official or employee or the public | 1978 |
official's or employee's immediate family owns or controls more | 1979 |
than five per cent, has sold goods or services totaling more than | 1980 |
one thousand dollars during the preceding year, unless the public | 1981 |
official or employee has filed a written statement acknowledging | 1982 |
that sale with the clerk or secretary of the public agency and the | 1983 |
statement is entered in any public record of the agency's | 1984 |
proceedings. This division shall not be construed to require the | 1985 |
disclosure of clients of attorneys or persons licensed under | 1986 |
section 4732.12 or 4732.15 of the Revised Code, or patients of | 1987 |
persons certified under section 4731.14 of the Revised Code. | 1988 |
(D) No public official or employee shall use or authorize | 1989 |
the use of the authority or influence of office or employment to | 1990 |
secure anything of value or the promise or offer of anything of | 1991 |
value that is of such a character as to manifest a substantial and | 1992 |
improper influence upon the public official or employee with | 1993 |
respect to that person's duties. | 1994 |
(E) No public official or employee shall solicit or accept | 1995 |
anything of value that is of such a character as to manifest a | 1996 |
substantial and improper influence upon the public official or | 1997 |
employee with respect to that person's duties. | 1998 |
(F) No person shall promise or give to a public official or | 1999 |
employee anything of value that is of such a character as to | 2000 |
manifest a substantial and improper influence upon the public | 2001 |
official or employee with respect to that person's duties. | 2002 |
(G) In the absence of bribery or another offense under the | 2003 |
Revised Code or a purpose to defraud, contributions made to a | 2004 |
campaign committee, political party, legislative campaign fund, | 2005 |
political action committee, or political contributing entity on | 2006 |
behalf of an elected public officer or other public official or | 2007 |
employee who seeks elective office shall be considered to accrue | 2008 |
ordinarily to the public official or employee for the purposes of | 2009 |
divisions (D), (E), and (F) of this section. | 2010 |
As used in this division, "contributions," "campaign | 2011 |
committee," "political party," "legislative campaign fund," | 2012 |
"political action committee," and "political contributing entity" | 2013 |
have the same meanings as in section 3517.01 of the Revised Code. | 2014 |
(H) No public official or employee, except for the president | 2015 |
or other chief administrative officer of or a member of a board of | 2016 |
trustees of a state institution of higher education as defined in | 2017 |
section 3345.011 of the Revised Code, who is required to file a | 2018 |
financial disclosure statement under section 102.02 of the Revised | 2019 |
Code shall solicit or accept, and no person shall give to that | 2020 |
public official or employee, an honorarium. This division and | 2021 |
divisions (D), (E), and (F) of this section do not prohibit a | 2022 |
public official or employee who is required to file a financial | 2023 |
disclosure statement under section 102.02 of the Revised Code from | 2024 |
accepting and do not prohibit a person from giving to that public | 2025 |
official or employee the payment of actual travel expenses, | 2026 |
including any expenses incurred in connection with the travel for | 2027 |
lodging, and meals, food, and beverages provided to the public | 2028 |
official or employee at a meeting at which the public official or | 2029 |
employee participates in a panel, seminar, or speaking engagement | 2030 |
or provided to the public official or employee at a meeting or | 2031 |
convention of a national organization to
which
| 2032 |
2033 | |
agency or any state institution of higher education as defined in | 2034 |
section 3345.031 of the Revised Code pays membership dues. This | 2035 |
division and divisions (D), (E), and (F) of this section do not | 2036 |
prohibit a public official or employee who is not required to file | 2037 |
a financial disclosure statement under section 102.02 of the | 2038 |
Revised Code from accepting and do not prohibit a person from | 2039 |
promising or giving to that public official or employee an | 2040 |
honorarium or the payment of travel, meal, and lodging expenses if | 2041 |
the honorarium, expenses, or both were paid in recognition of | 2042 |
demonstrable business, professional, or esthetic interests of the | 2043 |
public official or employee that exist apart from public office or | 2044 |
employment, including, but not limited to, such a demonstrable | 2045 |
interest in public speaking and were not paid by any person or | 2046 |
other entity, or by any representative or association of those | 2047 |
persons or entities, that is regulated by, doing business with, or | 2048 |
seeking to do business with the department, division, institution, | 2049 |
board, commission, authority, bureau, or other instrumentality of | 2050 |
the governmental entity with which the public official or employee | 2051 |
serves. | 2052 |
(I) A public official or employee may accept travel, meals, | 2053 |
and lodging or expenses or reimbursement of expenses for travel, | 2054 |
meals, and lodging in connection with conferences, seminars, and | 2055 |
similar events related to official duties if the travel, meals, | 2056 |
and lodging, expenses, or reimbursement is not of such a character | 2057 |
as to manifest a substantial and improper influence upon the | 2058 |
public official or employee with respect to that person's duties. | 2059 |
The house of representatives and senate, in their code of ethics, | 2060 |
and the Ohio ethics commission, under section 111.15 of the | 2061 |
Revised Code, may adopt rules setting standards and conditions for | 2062 |
the furnishing and acceptance of such travel, meals, and lodging, | 2063 |
expenses, or reimbursement. | 2064 |
A person who acts in compliance with this division and any | 2065 |
applicable rules adopted under it, or any applicable, similar | 2066 |
rules adopted by the supreme court governing judicial officers and | 2067 |
employees, does not violate division (D), (E), or (F) of this | 2068 |
section. This division does not preclude any person from seeking | 2069 |
an advisory opinion from the appropriate ethics commission under | 2070 |
section 102.08 of the Revised Code. | 2071 |
(J) For purposes of divisions (D), (E), and (F) of this | 2072 |
section, the membership of a public official or employee in an | 2073 |
organization shall not be considered, in and of itself, to be of | 2074 |
such a character as to manifest a substantial and improper | 2075 |
influence on the public official or employee with respect to that | 2076 |
person's duties. As used in this division, "organization" means a | 2077 |
church or a religious, benevolent, fraternal, or professional | 2078 |
organization that is tax exempt under subsection 501(a) and | 2079 |
described in subsection 501(c)(3), (4), (8), (10), or (19) of the | 2080 |
"Internal Revenue Code of 1986." This division does not apply to | 2081 |
a public official or employee who is an employee of an | 2082 |
organization, serves as a trustee, director, or officer of an | 2083 |
organization, or otherwise holds a fiduciary relationship with an | 2084 |
organization. This division does not allow a public official or | 2085 |
employee who is a member of an organization to participate, | 2086 |
formally or informally, in deliberations, discussions, or voting | 2087 |
on a matter or to use his official position with regard to the | 2088 |
interests of the organization on the matter if the public official | 2089 |
or employee has assumed a particular responsibility in the | 2090 |
organization with respect to the matter or if the matter would | 2091 |
affect that person's personal, pecuniary interests. | 2092 |
(K) It is not a violation of this section for a prosecuting | 2093 |
attorney to appoint assistants and employees in accordance with | 2094 |
division (B) of section 309.06 and section 2921.421 of the Revised | 2095 |
Code, for a chief legal officer of a municipal corporation or an | 2096 |
official designated as prosecutor in a municipal corporation to | 2097 |
appoint assistants and employees in accordance with sections | 2098 |
733.621 and 2921.421 of the Revised Code, for a township law | 2099 |
director appointed under section 504.15 of the Revised Code to | 2100 |
appoint assistants and employees in accordance with sections | 2101 |
504.151 and 2921.421 of the Revised Code, or for a coroner to | 2102 |
appoint assistants and employees in accordance with division (B) | 2103 |
of section 313.05 of the Revised Code. | 2104 |
As used in this division, "chief legal officer" has the same | 2105 |
meaning as in section 733.621 of the Revised Code. | 2106 |
Sec. 102.031. (A) As used in this section: | 2107 |
(1) "Actively advocating," "employer," "financial | 2108 |
transaction," "legislation," and "legislative agent" have the same | 2109 |
meanings as in section 101.70 of the Revised Code. | 2110 |
(2) "Business associate" means a person with whom a member | 2111 |
of the general assembly is conducting or undertaking a financial | 2112 |
transaction. | 2113 |
(3) "Contribution" has the same meaning as in section | 2114 |
3517.01 of the Revised Code. | 2115 |
(4) "Employee" does not include a member of the general | 2116 |
assembly whose nonlegislative position of employment does not | 2117 |
involve the performance of or the authority to perform | 2118 |
administrative or supervisory functions; or whose nonlegislative | 2119 |
position of employment, if
| 2120 |
does not involve a substantial and material exercise of | 2121 |
administrative discretion in the formulation of public policy, | 2122 |
expenditure of public funds, enforcement of laws and rules of the | 2123 |
state or a county or city, or execution of other public trusts. | 2124 |
(B) No member of the general assembly shall vote on any | 2125 |
legislation that
| 2126 |
advocated if
| 2127 |
a legislative agent or employer that is then actively advocating | 2128 |
on that legislation: | 2129 |
(1) An employee; | 2130 |
(2) A business associate; | 2131 |
(3) A person, other than an employee, who is hired under | 2132 |
contract to perform certain services and such position involves a | 2133 |
substantial and material exercise of administrative discretion in | 2134 |
the formulation of public policy. | 2135 |
(C) No member of the general assembly shall knowingly accept | 2136 |
any of the following from a legislative agent: | 2137 |
(1) The payment of any expenses for travel or lodging except | 2138 |
as otherwise authorized by division (H) of section 102.03 of the | 2139 |
Revised Code; | 2140 |
(2) More than seventy-five dollars aggregated per calendar | 2141 |
year as payment for meals and other food and beverages, other than | 2142 |
for those meals and other food and beverages provided to the | 2143 |
member at a meeting at which the member participates in a panel, | 2144 |
seminar, or speaking engagement, at a meeting or convention of a | 2145 |
national organization to which
| 2146 |
2147 | |
state institution of higher education as defined in section | 2148 |
3345.031 of the Revised Code pays membership dues, or at a dinner, | 2149 |
party, or function to which all members of the general assembly or | 2150 |
all members of either house of the general assembly are invited; | 2151 |
(3) A gift of any amount in the form of cash or the | 2152 |
equivalent of cash, or a gift of any other thing of value whose | 2153 |
value exceeds seventy-five dollars. As used in division (C)(3) of | 2154 |
this section, "gift" does not include any contribution or any | 2155 |
gifts of meals and other food and beverages or the payment of | 2156 |
expenses incurred for travel to destinations either inside or | 2157 |
outside this state that is received by the member of the general | 2158 |
assembly and that is incurred in connection with the member's | 2159 |
official duties. | 2160 |
(D) It is not a violation of division (C)(2) of this section | 2161 |
if, within sixty days after receiving notice from a legislative | 2162 |
agent that the legislative agent has provided a member of the | 2163 |
general assembly with more than seventy-five dollars aggregated in | 2164 |
a calendar year as payment for meals and other food and beverages, | 2165 |
the member of the general assembly returns to that legislative | 2166 |
agent the amount received that exceeds seventy-five dollars. | 2167 |
(E) The joint legislative ethics committee may impose a fine | 2168 |
of not more than one thousand dollars upon a member of the general | 2169 |
assembly who violates division (B) of this section. | 2170 |
Sec. 102.06. (A) The appropriate ethics commission shall | 2171 |
receive and may initiate complaints against persons subject to | 2172 |
Chapter 102. of the Revised Code concerning conduct alleged to be | 2173 |
in violation of this chapter or section 2921.42 or 2921.43 of the | 2174 |
Revised Code. All complaints except those by the commission shall | 2175 |
be by affidavit made on personal knowledge, subject to the | 2176 |
penalties of perjury. Complaints by the commission shall be by | 2177 |
affidavit, based upon reasonable cause to believe that a violation | 2178 |
has occurred. | 2179 |
(B) The commission shall investigate complaints, may | 2180 |
investigate charges presented to it, and may request further | 2181 |
information, including the specific amount of income from a | 2182 |
source, from any person filing with the commission a statement | 2183 |
required by section 102.02 of the Revised Code, if the information | 2184 |
sought is directly relevant to a complaint or charges received by | 2185 |
the commission pursuant to this section. This information is | 2186 |
confidential, except that the commission, at its discretion, may | 2187 |
share information gathered in the course of any investigation | 2188 |
with, or disclose the information to, any appropriate prosecuting | 2189 |
authority, any law enforcement agency, or any other appropriate | 2190 |
ethics commission. The person so requested shall furnish the | 2191 |
information to the commission, unless within fifteen days from the | 2192 |
date of the request the person files an action for declaratory | 2193 |
judgment challenging the legitimacy of the request in the court of | 2194 |
common pleas of the county of
| 2195 |
person's place of employment, or Franklin county. The requested | 2196 |
information need not be furnished to the commission during the | 2197 |
pendency of the judicial proceedings. Proceedings of the | 2198 |
commission in connection with the declaratory judgment action | 2199 |
shall be kept confidential except as otherwise provided by this | 2200 |
section. Before the commission proceeds to take any formal action | 2201 |
against a person who is the subject of an investigation based on | 2202 |
charges presented to the commission, a complaint shall be filed | 2203 |
against the person. If the commission finds that a complaint is | 2204 |
not frivolous, and there is reasonable cause to believe that the | 2205 |
facts alleged in a complaint constitute a violation of section | 2206 |
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised | 2207 |
Code, it shall hold a hearing. If the commission does not so | 2208 |
find, it shall dismiss the complaint and notify the accused person | 2209 |
in writing of the dismissal of the complaint. The commission | 2210 |
shall not make a report of its finding unless the accused person | 2211 |
requests a report. Upon the request of the accused person, the | 2212 |
commission shall make a public report of its finding. The person | 2213 |
against whom the complaint is directed shall be given reasonable | 2214 |
notice by certified mail of the date, time, and place of the | 2215 |
hearing and a statement of the charges and the law directly | 2216 |
involved and shall be given the opportunity to be represented by | 2217 |
counsel, to have counsel appointed for
| 2218 |
person is unable to afford counsel without undue hardship, to | 2219 |
examine
the evidence against
| 2220 |
and to
call and
subpoena witnesses in
| 2221 |
confront
| 2222 |
witnesses. The commission shall have a stenographic record made | 2223 |
of the hearing. The hearing shall be closed to the public. | 2224 |
(C)(1)(a) If upon the basis of the hearing, the commission | 2225 |
finds by a preponderance of the evidence that the facts alleged in | 2226 |
the complaint are true and constitute a violation of section | 2227 |
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised | 2228 |
Code, it shall report its findings to the appropriate prosecuting | 2229 |
authority for proceedings in prosecution of the violation and to | 2230 |
the appointing or employing authority of the accused. | 2231 |
(b) If the Ohio ethics commission reports its findings to | 2232 |
the appropriate prosecuting authority under division (C)(1)(a) of | 2233 |
this section and the prosecuting authority has not initiated any | 2234 |
official action on those findings within ninety days after | 2235 |
receiving the commission's report of them, then the commission may | 2236 |
publicly comment that no official action has been taken on its | 2237 |
findings, except that the commission shall make no comment in | 2238 |
violation of the Rules of Criminal Procedure or about any | 2239 |
indictment that has been sealed pursuant to any law or those | 2240 |
rules. The commission shall make no comment regarding the merits | 2241 |
of its findings. As used in division (C)(1)(b) of this section, | 2242 |
"official action" means prosecution, closure after investigation, | 2243 |
or grand jury action resulting in a true bill of indictment or no | 2244 |
true bill of indictment. | 2245 |
(2) If the appropriate ethics commission does not find by a | 2246 |
preponderance of the evidence that the facts alleged in the | 2247 |
complaint are true and constitute a violation of section 102.02, | 2248 |
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code or | 2249 |
if the commission has not scheduled a hearing within ninety days | 2250 |
after the complaint is filed or has not finally disposed of the | 2251 |
complaint within six months after it has been heard, it shall | 2252 |
dismiss the complaint and notify the accused person in writing of | 2253 |
the dismissal of the complaint. The commission shall not make a | 2254 |
report of its finding unless the accused person requests a report. | 2255 |
Upon the request of the accused person, the commission shall make | 2256 |
a public report of the finding, but in this case all evidence and | 2257 |
the record of the hearing shall remain confidential unless the | 2258 |
accused person also requests that the evidence and record be made | 2259 |
public. Upon request by the accused person, the commission shall | 2260 |
make the evidence and the record available for public inspection. | 2261 |
(D) The commission, or a member of the commission, may | 2262 |
administer oaths, and the commission may issue subpoenas to any | 2263 |
person in the state compelling the attendance of witnesses and the | 2264 |
production of relevant papers, books, accounts, and records. The | 2265 |
commission shall issue subpoenas to compel the attendance of | 2266 |
witnesses and the production of documents upon the request of an | 2267 |
accused person. Section 101.42 of the Revised Code shall govern | 2268 |
the issuance of these subpoenas insofar as applicable. Upon the | 2269 |
refusal of any person to obey a subpoena or to be sworn or to | 2270 |
answer as a witness, the commission may apply to the court of | 2271 |
common pleas of Franklin county under section 2705.03 of the | 2272 |
Revised Code. The court shall hold proceedings in accordance with | 2273 |
Chapter 2705. of the Revised Code. The commission or the accused | 2274 |
person may take the depositions of witnesses residing within or | 2275 |
without the state in the same manner as prescribed by law for the | 2276 |
taking of depositions in civil actions in the court of common | 2277 |
pleas. | 2278 |
(E) At least once each year, the Ohio ethics commission | 2279 |
shall report on its activities of the immediately preceding year | 2280 |
to the majority and minority leaders of the senate and house of | 2281 |
representatives of the general assembly. The report shall | 2282 |
indicate the total number of complaints received, initiated, and | 2283 |
investigated by the commission, the total number of complaints for | 2284 |
which formal hearings were held, and the total number of | 2285 |
complaints for which formal prosecution was recommended or | 2286 |
requested by the commission. The report also shall indicate the | 2287 |
nature of the inappropriate conduct alleged in each complaint and | 2288 |
the governmental entity with which any employee or official that | 2289 |
is the subject of a complaint was employed at the time of the | 2290 |
alleged inappropriate conduct. | 2291 |
(F) All papers, records, affidavits, and documents upon any | 2292 |
complaint, inquiry, or investigation relating to the proceedings | 2293 |
of the appropriate commission shall be sealed and are private and | 2294 |
confidential, except as otherwise provided in this section and | 2295 |
section 102.07 of the Revised Code. | 2296 |
(G)(1) When a complaint or charge is before it, the Ohio | 2297 |
ethics commission or the appropriate prosecuting authority, in | 2298 |
consultation with the person filing the complaint or charge, the | 2299 |
accused, and any other person the commission or prosecuting | 2300 |
authority considers necessary, may compromise or settle the | 2301 |
complaint or charge with the agreement of the accused. The | 2302 |
compromise or settlement may include mediation, restitution, | 2303 |
rescission of affected contracts, forfeiture of any benefits | 2304 |
resulting from a violation or potential violation of law, | 2305 |
resignation of a public official or employee, or any other relief | 2306 |
that is agreed upon between the commission or prosecuting | 2307 |
authority and the accused. | 2308 |
(2) Any settlement agreement entered into under division | 2309 |
(G)(1) of this section shall be in writing and be accompanied by a | 2310 |
statement of the findings of the commission or prosecuting | 2311 |
authority and the reasons for entering into the agreement. The | 2312 |
commission or prosecuting authority shall retain the agreement and | 2313 |
statement in
| 2314 |
office and, in
| 2315 |
discretion, may make the agreement, the statement, and any | 2316 |
supporting information public, unless the agreement provides | 2317 |
otherwise. | 2318 |
(3) If a settlement agreement is breached by the accused, | 2319 |
the commission or prosecuting authority, in
| 2320 |
or
| 2321 |
agreement and reinstitute any investigation, hearing, or | 2322 |
prosecution of the accused. No information obtained from the | 2323 |
accused in reaching the settlement that is not otherwise | 2324 |
discoverable from the accused shall be used in any proceeding | 2325 |
before the commission or by the appropriate prosecuting authority | 2326 |
in prosecuting the violation. Notwithstanding any other section of | 2327 |
the Revised Code, if a settlement agreement is breached, any | 2328 |
statute of limitations for a violation of this chapter or section | 2329 |
2921.42 or 2921.43 of the Revised Code is tolled from the date the | 2330 |
complaint or charge is filed until the date the settlement | 2331 |
agreement is breached. | 2332 |
Sec. 103.143. In addition to its duties under section 103.14 | 2333 |
of the Revised Code,
| 2334 |
legislative service commission shall, in accordance with this | 2335 |
section, review all bills assigned to a committee of the general | 2336 |
assembly, complete the appropriate local impact statements | 2337 |
required by this section, and compile and distribute these | 2338 |
statements as required by division (D) of this section. | 2339 |
(A) Subject to division (F) of this section, whenever any | 2340 |
bill is introduced into either house of the general assembly and | 2341 |
receives second consideration pursuant to the rules of that house, | 2342 |
the bill shall be reviewed immediately by the legislative budget | 2343 |
officer. Upon completing this review, the legislative budget | 2344 |
officer shall determine whether the bill could result in a net | 2345 |
additional cost to school districts, counties, townships, or | 2346 |
municipal corporations from any new or expanded program or service | 2347 |
that school districts, counties, townships, or municipal | 2348 |
corporations would be required to perform or administer under the | 2349 |
bill. If the legislative budget officer determines that it could | 2350 |
result in such a cost, the legislative
| 2351 |
commission shall prepare a local impact statement in the manner | 2352 |
specified in this section. Immediately upon determining the | 2353 |
potential for a net additional cost, the legislative budget | 2354 |
officer shall notify the sponsor of the bill, the chairperson of | 2355 |
the committee to which the bill has been assigned, and the | 2356 |
presiding officer and minority leader of the house in which the | 2357 |
bill originates of the legislative budget officer's determination | 2358 |
by signing and dating a statement to be delivered to them. | 2359 |
If a local impact statement is required, the legislative | 2360 |
| 2361 |
later than thirty days after the date the bill is scheduled for a | 2362 |
first hearing in a committee in the house in which the bill was | 2363 |
introduced or no later than thirty days after being requested to | 2364 |
do so by the chairperson of such a committee, prepare a statement | 2365 |
containing the most accurate estimate possible, in dollars, of the | 2366 |
net additional costs, if any, that will be required of school | 2367 |
districts, counties, townships, or municipal corporations to | 2368 |
perform or administer a new or expanded program or service | 2369 |
required under the bill. Copies of this statement shall be sent | 2370 |
to the governor, the speaker of the house of representatives, the | 2371 |
president of the senate, the sponsor of the bill, the minority | 2372 |
leader in both houses, and the chairperson of the committee to | 2373 |
which the bill has been assigned. | 2374 |
No bill for which a local impact statement is required by | 2375 |
this section shall be voted out of committee until after the | 2376 |
committee members have received and considered the statement or, | 2377 |
if the bill was amended in committee, the revised statement, | 2378 |
unless the bill is voted out of committee by a two-thirds vote of | 2379 |
the membership of the committee. | 2380 |
(B) In preparing a local impact statement, the legislative | 2381 |
| 2382 |
division, institution, board, commission, authority, bureau, or | 2383 |
other instrumentality or officer of the state, a school district, | 2384 |
a county, a municipal corporation, or a township to provide any of | 2385 |
the following information: | 2386 |
(1) An estimate, in dollars, of the amount by which the bill | 2387 |
would increase or decrease the revenues received or expenditures | 2388 |
made by the instrumentality, officer, or entity; | 2389 |
(2) Any other information the legislative
| 2390 |
service commission considers necessary for it to understand or | 2391 |
explain the fiscal effect of the bill. | 2392 |
An instrumentality, officer, or entity shall comply with a | 2393 |
request as soon as reasonably possible, but not later than fifteen | 2394 |
days, after receiving it. The legislative
| 2395 |
commission shall specify the manner of compliance in its request, | 2396 |
and if necessary may specify a period of time longer than fifteen | 2397 |
days
for
compliance. The legislative
| 2398 |
commission may consider any information provided under division | 2399 |
(B)(1) or (2) of this section in preparing a local impact | 2400 |
statement. | 2401 |
(C) Any time a bill is amended, the legislative
| 2402 |
2403 | |
revise the local impact statement to reflect changes made by | 2404 |
amendment. | 2405 |
(D) The legislative
| 2406 |
annually compile the final local impact statements completed for | 2407 |
all laws passed by both houses of the general assembly in the | 2408 |
preceding year. It shall send a copy of this compilation as a | 2409 |
draft report
| 2410 |
associations or nonprofit organizations formed for the improvement | 2411 |
of school districts or municipal, township, or county government | 2412 |
or for their elected officials by the last day of July of each | 2413 |
year.
Upon
receiving the draft report,
| 2414 |
2415 | |
associations and organizations may comment about the actual fiscal | 2416 |
impact of bills passed
during the year covered by the report | 2417 |
2418 | |
2419 | |
forward those comments
| 2420 |
the legislative service commission by the last day of August. The | 2421 |
legislative
| 2422 |
final report consisting of the compiled local impact statements | 2423 |
and all
forwarded comments
| 2424 |
2425 | |
last day of September and copies of the report shall be sent to | 2426 |
the governor, the speaker of the house of representatives, and the | 2427 |
president of the senate. | 2428 |
(E) As used in this section, "net additional cost" means any | 2429 |
cost incurred or anticipated to be incurred by a school district, | 2430 |
county, township, or municipal corporation in performing or | 2431 |
administering a new or expanded program or service required by a | 2432 |
state law other than any of the following: | 2433 |
(1) A cost arising from the exercise of authority granted by | 2434 |
a state law rather than from the performance of a duty or | 2435 |
obligation imposed by a state law; | 2436 |
(2) New duties or obligations that create only a minimal | 2437 |
cost for affected school districts, counties, townships, or | 2438 |
municipal corporations. The legislative
| 2439 |
commission shall determine what constitutes such a minimal cost. | 2440 |
Before making
this determination, the legislative
| 2441 |
service commission shall notify the state organizations that | 2442 |
represent school districts, counties, townships, and municipal | 2443 |
corporations regarding the proposed determination and provide a | 2444 |
thirty-day period for these organizations and individual school | 2445 |
districts, counties, townships, and municipal corporations to | 2446 |
comment on it. | 2447 |
(3) A cost arising from a law passed as a result of a | 2448 |
federal mandate. | 2449 |
The amounts described in division (E)(2) of this section | 2450 |
include only the amounts remaining after subtracting from such | 2451 |
costs any revenues received or receivable by the school district, | 2452 |
county, township, or municipal corporation on account of the | 2453 |
program or service, including the following: | 2454 |
(a) Fees charged to the recipients of the program or | 2455 |
service; | 2456 |
(b) State or federal aid paid specifically or categorically | 2457 |
in connection with the program or service; | 2458 |
(c) Any offsetting savings resulting from the diminution or | 2459 |
elimination of any other program or service directly attributable | 2460 |
to the performance or administration of the required program or | 2461 |
service. | 2462 |
(F) This section does not apply to any of the following: | 2463 |
(1) The main biennial operating appropriations bill; | 2464 |
(2) The biennial operating appropriations bill for state | 2465 |
agencies supported by motor fuel tax revenue; | 2466 |
(3) The biennial operating appropriations bill or bills for | 2467 |
the bureau of workers' compensation and the industrial commission; | 2468 |
(4) Any other bill that makes the principal biennial | 2469 |
operating appropriations for one or more state agencies; | 2470 |
(5) The bill that primarily contains corrections and | 2471 |
supplemental appropriations to the biennial operating | 2472 |
appropriations bills; | 2473 |
(6) The main biennial capital appropriations bill; | 2474 |
(7) The bill that primarily contains reappropriations from | 2475 |
previous capital appropriations bills. | 2476 |
Sec. 103.33. This section shall be known as "The Community | 2477 |
Organizations Access Procedure Act." | 2478 |
Any state agency that is eligible to receive federal funds | 2479 |
under a federal grant program and that cannot or has decided that | 2480 |
it will not participate fully in the program shall promptly report | 2481 |
both of the following to the joint legislative committee on | 2482 |
federal funds: | 2483 |
(A) That the agency cannot or has decided that it will not | 2484 |
participate fully in the program, along with the reason; | 2485 |
(B) Whether there is some means allowable under federal law | 2486 |
by which counties or not-for-profit organizations can receive the | 2487 |
federal funds to participate in the program, as by being agents or | 2488 |
grantees of the agency. | 2489 |
If there is a means whereby counties or not-for-profit | 2490 |
organizations can so participate in the program, the agency shall | 2491 |
post on a generally accessible internet website detailed | 2492 |
information about the program and the means by which the counties | 2493 |
or not-for-profit organizations can participate in the program. | 2494 |
The information shall be posted within ample time for the counties | 2495 |
or not-for-profit organizations to participate fully in the | 2496 |
program. Any county interested in participating in the program | 2497 |
shall apply to the agency on its own behalf. Any county that is | 2498 |
willing to be the fiscal agent for a not-for-profit organization | 2499 |
interested in participating and qualified to participate in the | 2500 |
program, or that arranges with a responsible organization to be | 2501 |
the fiscal agent for the program in the county, shall advertise or | 2502 |
otherwise inform such organizations about the program and shall | 2503 |
apply to the agency in conjunction with or on behalf of the | 2504 |
not-for-profit organization. The agency shall accept applications | 2505 |
from the counties on a first-come, first-served basis, shall apply | 2506 |
to the federal government for the funds, and shall pay the federal | 2507 |
funds to the counties when available. | 2508 |
As used in this section, "not-for-profit organizations" means | 2509 |
organizations, including faith-based organizations, exempt from | 2510 |
federal income taxation under section 501(c)(3) of the "Internal | 2511 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as | 2512 |
amended. | 2513 |
Sec. 105.41. (A) There is hereby created the capitol square | 2514 |
review and advisory board, consisting of nine members as follows: | 2515 |
(1) Two members of the senate, appointed by the president of | 2516 |
the senate, both of whom shall not be members of the same | 2517 |
political party; | 2518 |
(2) Two members of the house of representatives, appointed | 2519 |
by the speaker of the house of representatives, both of whom shall | 2520 |
not be members of the same political party; | 2521 |
(3) Five members appointed by the governor, with the advice | 2522 |
and consent of the senate, not more than three of whom shall be | 2523 |
members of the same political party, one of whom shall represent | 2524 |
the office of the state architect and engineer, one of whom shall | 2525 |
represent the Ohio arts council, one of whom shall represent the | 2526 |
Ohio historical society, one of whom shall represent the Ohio | 2527 |
building authority, and one of whom shall represent the public at | 2528 |
large. | 2529 |
(B) Terms of office of each appointed member of the board | 2530 |
shall be for three years, except that members of the general | 2531 |
assembly appointed to the board shall be members of the board only | 2532 |
so long as they are members of the general assembly. Each member | 2533 |
shall hold office from the date of the member's appointment until | 2534 |
the end of the term for which the member was appointed. In case | 2535 |
of a vacancy occurring on the board, the president of the senate, | 2536 |
the speaker of the house of representatives, or the governor, as | 2537 |
the case may be, shall in the same manner prescribed for the | 2538 |
regular appointment to the commission, fill the vacancy by | 2539 |
appointing a member. Any member appointed to fill a vacancy | 2540 |
occurring prior to the expiration of the term for which the | 2541 |
member's predecessor was appointed shall hold office for the | 2542 |
remainder of the term. Any member shall continue in office | 2543 |
subsequent to the expiration date of the member's term until the | 2544 |
member's successor takes office, or until a period of sixty days | 2545 |
has elapsed, whichever occurs first. | 2546 |
(C) The board shall hold meetings in a manner and at times | 2547 |
prescribed by the rules adopted by the board. A majority of the | 2548 |
board constitutes a quorum, and no action shall be taken by the | 2549 |
board unless approved by at least five voting members. At its | 2550 |
first meeting, the board shall adopt rules for the conduct of its | 2551 |
business and the election of its officers, and shall organize by | 2552 |
selecting a chairperson and other officers as it considers | 2553 |
necessary. Board members shall serve without compensation but | 2554 |
shall be reimbursed for actual and necessary expenses incurred in | 2555 |
the performance of their duties. | 2556 |
(D) The board may do any of the following: | 2557 |
(1) Employ or hire on a consulting basis professional, | 2558 |
technical, and clerical employees as are necessary for the | 2559 |
performance of its duties; | 2560 |
(2) Hold public hearings at times and places as determined | 2561 |
by the board; | 2562 |
(3) Adopt, amend, or rescind rules necessary to accomplish | 2563 |
the duties of the board as set forth in this section; | 2564 |
(4) Sponsor, conduct, and support such social events as the | 2565 |
board may authorize and consider appropriate for the employees of | 2566 |
the board, employees and members of the general assembly, | 2567 |
employees of persons under contract with the board or otherwise | 2568 |
engaged to perform services on the premises of capitol square, or | 2569 |
other persons as the board may consider appropriate. Subject to | 2570 |
the requirements of Chapter 4303. of the Revised Code, the board | 2571 |
may provide beer, wine, and intoxicating liquor, with or without | 2572 |
charge, for
| 2573 |
of goods and services fund to purchase the beer, wine, and | 2574 |
intoxicating liquor the board provides. | 2575 |
(E) The board shall do all of the following: | 2576 |
(1) Have sole authority to coordinate and approve any | 2577 |
improvements, additions, and renovations that are made to the | 2578 |
capitol square. The improvements shall include, but not be | 2579 |
limited to, the placement of monuments and sculpture on the | 2580 |
capitol grounds. | 2581 |
(2)
| 2582 |
operate the capitol square, and have sole authority to regulate | 2583 |
all uses of the capitol square. The uses shall include, but not | 2584 |
be limited to, the casual and recreational use of the capitol | 2585 |
square. | 2586 |
(3) Employ, fix the compensation of, and prescribe the | 2587 |
duties of the executive director of the board and
| 2588 |
employees
| 2589 |
its powers and duties; | 2590 |
(4) Establish and maintain the capitol collection trust. The | 2591 |
capitol collection trust shall consist of furniture, antiques, and | 2592 |
other items of personal property that the board shall store in | 2593 |
suitable facilities until they are ready to be placed in the | 2594 |
capitol square. | 2595 |
(5) Perform
| 2596 |
purchasing, maintenance, supervisory, and operating activities
| 2597 |
the board determines are necessary for the operation and | 2598 |
maintenance of the capitol square; | 2599 |
(6) Maintain and preserve the capitol square, in accordance | 2600 |
with guidelines issued by the United States secretary of the | 2601 |
interior for application of the secretary's standards for | 2602 |
rehabilitation adopted in 36 C.F.R. part 67. | 2603 |
(F)(1) The
| 2604 |
lease capital facilities improved or financed by the Ohio building | 2605 |
authority pursuant to Chapter 152. of the Revised Code for the use | 2606 |
of the board, and may enter into any other agreements with the | 2607 |
authority ancillary to improvement, financing, or
leasing of
| 2608 |
those capital facilities, including, but not limited to, any | 2609 |
agreement required by the applicable bond proceedings authorized | 2610 |
by Chapter 152. of the Revised Code. Any lease of capital | 2611 |
facilities authorized by this section shall be governed by | 2612 |
division (D) of section 152.24 of the Revised Code. | 2613 |
(2) Fees, receipts, and revenues received by the
| 2614 |
2615 | |
parking garage constitute available receipts as defined in section | 2616 |
152.09 of the Revised Code, and may be pledged to the payment of | 2617 |
bond service charges on obligations issued by the Ohio building | 2618 |
authority pursuant to Chapter 152. of the Revised Code to improve | 2619 |
or finance capital facilities useful to the board. The authority | 2620 |
may, with the consent of the board, provide in the bond | 2621 |
proceedings for a pledge of all or
| 2622 |
fees, receipts, and revenues as the authority determines. The | 2623 |
authority may provide in the bond proceedings or by separate | 2624 |
agreement with the board for the transfer of
| 2625 |
receipts, and revenues to the appropriate bond service fund or | 2626 |
bond service reserve fund as required to pay the bond service | 2627 |
charges when
due, and any such provision for the transfer of
| 2628 |
those fees, receipts, and revenues shall be controlling | 2629 |
notwithstanding any
other provision of law pertaining to
| 2630 |
those fees, receipts, and revenues. | 2631 |
(3) All moneys received by the treasurer of state on account | 2632 |
of the board and required by the applicable bond proceedings or by | 2633 |
separate agreement with the board to be deposited, transferred, or | 2634 |
credited to the bond service fund or bond service reserve fund | 2635 |
established by
| 2636 |
the treasurer of state to such fund,
whether or not
| 2637 |
is in the custody of the treasurer of state, without necessity for | 2638 |
further appropriation, upon receipt of notice from the Ohio | 2639 |
building authority as prescribed in the bond proceedings. | 2640 |
(G) All fees, receipts, and revenues received by the
| 2641 |
2642 | |
parking garage shall be deposited into the state treasury to the | 2643 |
credit of the underground parking garage operating fund, which is | 2644 |
hereby created, to be used for the purposes specified in division | 2645 |
(F) of this section and for the operation and maintenance of the | 2646 |
garage. All investment earnings of the fund shall be credited to | 2647 |
the fund. | 2648 |
(H) All donations received by
the
| 2649 |
2650 | |
credit of the capitol square renovation gift fund, which is hereby | 2651 |
created. The fund
shall be used by the
| 2652 |
2653 |
(1) To provide part or all of the funding related to | 2654 |
construction, goods, or services for the renovation of the capitol | 2655 |
square; | 2656 |
(2) To purchase art, antiques, and artifacts for display at | 2657 |
the capitol square; | 2658 |
(3) To award contracts or make grants to organizations for | 2659 |
educating the public regarding the historical background and | 2660 |
governmental functions of the capitol square. Chapters 125., | 2661 |
127., and 153. and section 3517.13 of the Revised Code do not | 2662 |
apply to purchases made exclusively from the fund, notwithstanding | 2663 |
anything to the contrary in those chapters or that section. All | 2664 |
investment earnings of the fund shall be credited to the fund. | 2665 |
(I) Except as provided in divisions (G), (H), and (J) of | 2666 |
this section, all fees, receipts, and revenues received by the | 2667 |
| 2668 |
the state treasury to the credit of the sale of goods and services | 2669 |
fund, which is hereby created. Money credited to the fund shall | 2670 |
be used solely to pay costs of the board other than those | 2671 |
specified in divisions (F) and (G) of this section. All | 2672 |
investment earnings of the fund shall be credited to the fund. | 2673 |
(J) There is hereby created in the state treasury the | 2674 |
capitol square
improvement fund, to be used by the
| 2675 |
2676 | |
other costs related to the capitol square for which money is not | 2677 |
otherwise available to the board. Whenever the board determines | 2678 |
that there
is a need to incur
| 2679 |
unencumbered, unobligated balance to the credit of the underground | 2680 |
parking garage operating fund exceeds the amount needed for the | 2681 |
purposes specified in division (F) of this section and for the | 2682 |
operation and maintenance of the garage, the board may request the | 2683 |
director of budget and management to transfer from the underground | 2684 |
parking garage operating fund to the capitol square improvement | 2685 |
fund the amount needed to pay such construction, renovation, or | 2686 |
other costs.
The director
then shall
| 2687 |
amount needed from the excess balance of the underground parking | 2688 |
garage operating fund. | 2689 |
(K) As the operation and maintenance of the capitol square | 2690 |
constitute essential government functions of a public purpose, the | 2691 |
board shall not be required to pay taxes or assessments upon the | 2692 |
square,
| 2693 |
this section, or upon any income generated by the operation of the | 2694 |
square. | 2695 |
(L) As used in this section, "capitol square" means the | 2696 |
capitol building, senate building, capitol atrium, capitol | 2697 |
grounds, and the state underground parking garage. | 2698 |
(M) The capitol annex shall be known as the senate building. | 2699 |
Sec. 109.761. (A)(1) Each agency or entity that appoints | 2700 |
or employs one or more peace officers shall report to the Ohio | 2701 |
peace officer training commission all of the following that occur: | 2702 |
(a) The appointment or employment of any person to serve | 2703 |
the agency or entity as a peace officer in any full-time, | 2704 |
part-time, reserve, auxiliary, or other capacity; | 2705 |
(b) The termination, resignation, felony conviction, or | 2706 |
death of any person who has been appointed to or employed by the | 2707 |
agency or entity as a peace officer in any full-time, part-time, | 2708 |
reserve, auxiliary, or other capacity and who is serving the | 2709 |
agency or entity in any of those peace officer capacities. | 2710 |
(2) An agency or entity shall make each report required by | 2711 |
division (A)(1) of this section within ten days of the occurrence | 2712 |
of the event that is being reported. The agency or entity shall | 2713 |
make the report in the manner and format prescribed by the | 2714 |
executive director of the Ohio peace officer training commission. | 2715 |
(B) Each agency or entity that appoints or employs one or | 2716 |
more peace officers annually shall provide to the Ohio peace | 2717 |
officer training commission a roster of all persons who have been | 2718 |
appointed to or employed by the agency or entity as a peace | 2719 |
officer in any full-time, part-time, reserve, auxiliary, or other | 2720 |
capacity, and who are serving or during the year covered by the | 2721 |
report have served the agency or entity in any of those peace | 2722 |
officer capacities. The agency or entity shall provide the roster | 2723 |
in the manner and format, and by the date, prescribed by the | 2724 |
executive director of the Ohio peace officer training commission. | 2725 |
(C) If an agency or entity that appoints or employs one or | 2726 |
more peace officers fails to comply with division (A) or (B) of | 2727 |
this section, the agency or entity is ineligible to have any of | 2728 |
its peace officers participate in any basic or advanced training | 2729 |
conducted by the Ohio peace officer training commission or the | 2730 |
Ohio peace officer training academy. The agency or entity shall | 2731 |
remain ineligible as described in this division until the agency | 2732 |
or entity attains compliance with divisions (A) and (B) of this | 2733 |
section. Upon the agency's or entity's compliance with divisions | 2734 |
(A) and (B) of this section, the ineligibility imposed by this | 2735 |
division terminates. | 2736 |
(D) The Ohio peace officer training commission shall | 2737 |
prescribe the manner and format of making reports under division | 2738 |
(A) of this section and providing annual rosters under division | 2739 |
(B) of this section and shall prescribe the date by which the | 2740 |
annual rosters must be provided. | 2741 |
Sec. 111.16. The secretary of state shall charge and | 2742 |
collect, for the benefit of the state, the following fees: | 2743 |
(A) For filing and recording articles of incorporation of a | 2744 |
domestic corporation, including designation of agent: | 2745 |
(1) Wherein the corporation shall not be authorized to issue | 2746 |
any shares of capital stock,
one hundred twenty-five dollars | 2747 |
(2) Wherein the corporation shall be authorized to issue | 2748 |
shares of capital stock, with or without par value: | 2749 |
(a) Ten cents for each share authorized up to and including | 2750 |
one thousand shares; | 2751 |
(b) Five cents for each share authorized in excess of one | 2752 |
thousand shares up to and including ten thousand shares; | 2753 |
(c) Two cents for each share authorized in excess of ten | 2754 |
thousand shares up to and including fifty thousand shares; | 2755 |
(d) One cent for each share authorized in excess of fifty | 2756 |
thousand shares up to and including one hundred thousand shares; | 2757 |
(e) One-half cent for each share authorized in excess of one | 2758 |
hundred thousand shares up to and including five hundred thousand | 2759 |
shares; | 2760 |
(f) One-quarter cent for each share authorized in excess of | 2761 |
five hundred thousand shares; provided no fee shall be less than | 2762 |
| 2763 |
hundred thousand dollars. | 2764 |
(B) For filing and recording a certificate of amendment to | 2765 |
or amended articles of incorporation of a domestic corporation, or | 2766 |
for filing and recording a certificate of reorganization, a | 2767 |
certificate of dissolution, or an amendment to a foreign license | 2768 |
application: | 2769 |
(1) If the domestic corporation is not authorized to issue | 2770 |
any
shares of capital stock,
| 2771 |
(2) If the domestic corporation is authorized to issue | 2772 |
shares of
capital stock,
| 2773 |
any increase in the number of shares authorized to be issued, a | 2774 |
further sum computed in accordance with the schedule set forth in | 2775 |
division (A)(2) of this section less a credit computed in the same | 2776 |
manner for the number of shares previously authorized to be issued | 2777 |
by the corporation; provided no fee under division (B)(2) of this | 2778 |
section shall be greater than one hundred thousand dollars; | 2779 |
(3) If the foreign corporation is not authorized to issue | 2780 |
any shares of capital stock, fifty dollars; | 2781 |
(4) If the foreign corporation is authorized to issue shares | 2782 |
of capital stock, fifty dollars. | 2783 |
(C) For filing and recording articles of incorporation of a | 2784 |
savings and loan association, one hundred twenty-five dollars; and | 2785 |
for filing and recording a certificate of amendment to or amended | 2786 |
articles
of incorporation
| 2787 |
2788 | |
association,
| 2789 |
2790 | |
2791 | |
2792 |
(D) For filing and recording a certificate of merger or | 2793 |
consolidation,
| 2794 |
case of any new corporation resulting from a consolidation or any | 2795 |
surviving corporation that has an increased number of shares | 2796 |
authorized to be issued resulting from a merger, an additional sum | 2797 |
computed in accordance with the schedule set forth in division | 2798 |
(A)(2) of this section less a credit computed in the same manner | 2799 |
for the number of shares previously authorized to be issued or | 2800 |
represented in this state by each of the corporations for which a | 2801 |
consolidation or merger is effected by the certificate; | 2802 |
(E) For filing and recording articles of incorporation of a | 2803 |
credit union or the American credit union guaranty association, | 2804 |
| 2805 |
recording a certificate of increase in capital stock or any other | 2806 |
amendment of the articles of incorporation of a credit union or | 2807 |
the association,
| 2808 |
(F) For filing and recording articles of organization of a | 2809 |
limited liability company
| 2810 |
application to become a registered foreign limited liability | 2811 |
company, for filing and recording a registration application to | 2812 |
become a domestic limited liability partnership, or for filing and | 2813 |
recording an application to become a registered foreign limited | 2814 |
liability
partnership,
| 2815 |
dollars; | 2816 |
(G) For filing and recording a certificate of limited | 2817 |
partnership or an application for registration as a foreign | 2818 |
limited partnership
| 2819 |
| 2820 |
2821 | |
2822 | |
2823 | |
2824 |
| 2825 |
2826 | |
2827 | |
2828 |
(H) For filing a copy of papers evidencing the incorporation | 2829 |
of a municipal corporation or of annexation of territory by a | 2830 |
municipal corporation, five dollars, to be paid by the municipal | 2831 |
corporation, the petitioners therefor, or their agent; | 2832 |
(I) For filing and recording any of the following: | 2833 |
(1) A license to transact business in this state by a | 2834 |
foreign corporation for profit pursuant to section 1703.04 of the | 2835 |
Revised Code or a foreign nonprofit corporation pursuant to | 2836 |
section 1703.27 of the Revised Code, one hundred twenty-five | 2837 |
dollars; | 2838 |
(2) An annual report or annual statement pursuant to section | 2839 |
1775.63
or 1785.06 of the Revised Code,
| 2840 |
(3)
| 2841 |
other section of the Revised Code, any other certificate or paper | 2842 |
that is required to be
filed and recorded or is permitted
| 2843 |
2844 | |
provision of the Revised Code with the secretary of state,
| 2845 |
twenty-five dollars. | 2846 |
(J) For filing any certificate or paper not required to be | 2847 |
recorded, five dollars; | 2848 |
(K)(1) For making copies of any certificate or other paper | 2849 |
filed in the office of the secretary of state,
| 2850 |
fee not to exceed one dollar per page, except as otherwise | 2851 |
provided in the Revised Code, and for creating and affixing the | 2852 |
seal of the office of the secretary of state to any good standing | 2853 |
or other certificate,
five dollars | 2854 |
of certificates or papers required by state officers for official | 2855 |
purpose, no charge shall be made | 2856 |
(2) For creating and affixing the seal of the office of the | 2857 |
secretary of state to the certificates described in division (E) | 2858 |
of section 1701.81, division (E) of section 1705.38, or division | 2859 |
(D) of section 1702.43 of the Revised Code, twenty-five dollars. | 2860 |
(L) For a minister's license to solemnize marriages, ten | 2861 |
dollars; | 2862 |
(M) For examining documents to be filed at a later date for | 2863 |
the purpose of advising as to the acceptability of the proposed | 2864 |
filing,
| 2865 |
(N)
| 2866 |
2867 | |
2868 | |
2869 | |
any of the following: | 2870 |
(1) A certificate of dissolution and accompanying documents, | 2871 |
or a certificate of cancellation, under section 1701.86, 1702.47, | 2872 |
1705.43, or 1782.10 of the Revised Code; | 2873 |
(2) A notice of dissolution of a foreign licensed | 2874 |
corporation or a certificate of surrender of license by a foreign | 2875 |
licensed corporation under section 1703.17 of the Revised Code; | 2876 |
(3) The withdrawal of registration of a foreign or domestic | 2877 |
limited liability partnership under section 1775.61 or 1775.64 of | 2878 |
the Revised Code, or the certificate of cancellation of | 2879 |
registration of a foreign limited liability company under section | 2880 |
1705.57 of the Revised Code; | 2881 |
(4) The filing of a cancellation of disclaimer of general | 2882 |
partner status under Chapter 1782. of the Revised Code. | 2883 |
(O)
| 2884 |
nonprofit corporation, twenty-five dollars; | 2885 |
(P) For filing a restatement under section 1705.08 or | 2886 |
1782.09 of the Revised Code, an amendment to a certificate of | 2887 |
cancellation under section 1782.10 of the Revised Code, an | 2888 |
amendment under section 1705.08 or 1782.09 of the Revised Code, or | 2889 |
a correction under section 1705.55, 1775.61, 1775.64, or 1782.52 | 2890 |
of the Revised Code, fifty dollars; | 2891 |
(Q) For filing for reinstatement of an entity cancelled by | 2892 |
operation of law, by the secretary of state, by order of the | 2893 |
department of taxation, or by order of a court, twenty-five | 2894 |
dollars; | 2895 |
(R) For filing a change of agent, resignation of agent, or | 2896 |
change of agent's address under section 1701.07, 1702.06, | 2897 |
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.04 | 2898 |
of the Revised Code, twenty-five dollars; | 2899 |
(S) For filing and recording any of the following: | 2900 |
(1) An application for the exclusive right to use a name or | 2901 |
an application to reserve a name for future use under section | 2902 |
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised | 2903 |
Code, fifty dollars; | 2904 |
(2) A trade name or fictitious name registration or report, | 2905 |
fifty dollars; | 2906 |
(3) An application to renew any item covered by division | 2907 |
(S)(1) or (2) of this section that is permitted to be renewed, | 2908 |
twenty-five dollars; | 2909 |
(4) An assignment of rights for use of a name covered by | 2910 |
division (S)(1), (2), or (3) of this section, the cancellation of | 2911 |
a name registration or name reservation that is so covered, or | 2912 |
notice of a change of address of the registrant of a name that is | 2913 |
so covered, twenty-five dollars. | 2914 |
(T) For filing and recording a report to operate a business | 2915 |
trust or a real estate investment trust, either foreign or | 2916 |
domestic, one hundred twenty-five dollars; and for filing and | 2917 |
recording an amendment to a report or associated trust instrument, | 2918 |
or a surrender of authority, to operate a business trust or real | 2919 |
estate investment trust, fifty dollars; | 2920 |
(U)(1) For filing and recording the registration of a | 2921 |
trademark, service mark, or mark of ownership, one hundred | 2922 |
twenty-five dollars; | 2923 |
(2) For filing and recording the change of address of a | 2924 |
registrant, the assignment of rights to a registration, a renewal | 2925 |
of a registration, or the cancellation of a registration | 2926 |
associated with a trademark, service mark, or mark of ownership, | 2927 |
twenty-five dollars. | 2928 |
Fees specified in this section may be paid by cash, check, or | 2929 |
money order or by credit card, or an alternative payment program, | 2930 |
in accordance with division (B) or (C) of section 111.18 of the | 2931 |
Revised Code. Any credit card number or the expiration date of | 2932 |
any credit card is not subject to disclosure under Chapter 149. of | 2933 |
the Revised Code. | 2934 |
Sec. 111.18. (A) The secretary of state shall keep a record | 2935 |
of all fees collected by the secretary of state and,
| 2936 |
2937 | |
2938 | |
2939 | |
the Revised Code, shall
pay | 2940 |
2941 | |
2942 | |
2943 | |
fund created
| 2944 |
2945 | |
2946 | |
2947 | |
2948 | |
2949 | |
2950 | |
2951 | |
2952 |
| 2953 |
2954 | |
2955 |
| 2956 |
2957 |
| 2958 |
2959 |
| 2960 |
2961 |
| 2962 |
2963 |
(B) The secretary of state may implement a credit card | 2964 |
payment program
| 2965 |
by the secretary of state by means of a credit card. The | 2966 |
secretary of state may open an account outside the state treasury | 2967 |
in a financial institution for the purpose of depositing credit | 2968 |
card receipts. Within forty-eight hours following the deposit of | 2969 |
the receipts, the financial institution shall make available to | 2970 |
the secretary of state funds in the amount of the receipts. The | 2971 |
secretary of state
then shall
| 2972 |
state
treasury to the credit of the
| 2973 |
uniform commercial code filing fund, subject to division (B) of | 2974 |
section 1309.401 of the Revised Code and except as otherwise | 2975 |
provided
| 2976 |
The secretary of state may pay the cost of any service charge | 2977 |
required by a financial institution or credit card company in | 2978 |
connection with a credit card payment program. | 2979 |
The secretary of state shall adopt rules
| 2980 |
carry out the purposes of this division. The rules shall include | 2981 |
standards for determining eligible financial institutions and the | 2982 |
manner in which funds shall be made available and shall be | 2983 |
consistent with the standards contained in sections 135.03, | 2984 |
135.18, and 135.181 of the Revised Code. | 2985 |
(C) The secretary of state may implement alternative payment | 2986 |
programs that permit payment of any fee charged by the secretary | 2987 |
of state by means other than cash, check, money order, or credit | 2988 |
card; an alternative payment program may include, but is not | 2989 |
limited to, one that permits a fee to be paid by electronic means | 2990 |
of transmission. The secretary of state may open an account | 2991 |
outside the state treasury in a financial institution for the | 2992 |
purpose of operating an alternative payment program. Within | 2993 |
forty-eight hours following the deposit of funds into such an | 2994 |
account, the financial institution shall make available to the | 2995 |
secretary of state the deposited funds. The secretary of state | 2996 |
then shall pay those funds into the state treasury to the credit | 2997 |
of the corporate and uniform commercial code filing fund, subject | 2998 |
to division (B) of section 1309.401 of the Revised Code and except | 2999 |
as otherwise provided in the Revised Code. | 3000 |
The secretary of state may pay the cost of any service charge | 3001 |
required by a financial institution or service company in | 3002 |
connection with an alternative payment program. | 3003 |
The secretary of state shall adopt rules necessary to carry | 3004 |
out the purposes of this division. The rules shall include | 3005 |
standards for determining eligible financial institutions and the | 3006 |
manner in which funds shall be made available and shall be | 3007 |
consistent with the standards contained in sections 135.03, | 3008 |
135.18, and 135.181 of the Revised Code. | 3009 |
Sec. 111.23. (A) The secretary of state, by rule, shall | 3010 |
establish, and prescribe guidelines and fees for the use of, an | 3011 |
3012 | |
person making
| 3013 |
with the secretary of state under
| 3014 |
1329.
| 3015 |
3016 | |
Revised Code. | 3017 |
(B) The secretary of state may adopt rules establishing, and | 3018 |
prescribing guidelines and fees for the use of, a bulk filing | 3019 |
service that provides, at the option of the person making a | 3020 |
filing, a method for providing large amounts of information. The | 3021 |
secretary of state may charge and collect fees for filings made | 3022 |
through a bulk filing service at reduced amounts from those | 3023 |
otherwise specified in or authorized by the Revised Code. | 3024 |
(C) The secretary of state may adopt rules establishing, and | 3025 |
prescribing guidelines and fees for the use of, alternative filing | 3026 |
procedures in making filings with the secretary of state. Under | 3027 |
these rules, the secretary of state may accept any filing and | 3028 |
payment of associated fees through any electronic, digital, | 3029 |
facsimile, or other means of transmission. The filings shall be | 3030 |
made on a form prescribed by the secretary of state and shall | 3031 |
comply fully with any other requirements of the Revised Code | 3032 |
applicable to the type of filing being made. | 3033 |
Sec. 111.25. (A) The secretary of state shall prescribe the | 3034 |
following forms for persons to use in complying with the | 3035 |
requirements of Chapter 1309. of the Revised Code for the filing | 3036 |
of financing statements and related documents: | 3037 |
| 3038 |
section 1309.39 of the Revised Code; | 3039 |
| 3040 |
described in division (C) of section 1309.39 of the Revised Code; | 3041 |
| 3042 |
section 1309.40 of the Revised Code; | 3043 |
| 3044 |
section 1309.41 of the Revised Code; | 3045 |
| 3046 |
statement described in section 1309.42 of the Revised Code; | 3047 |
| 3048 |
of the Revised Code. | 3049 |
(B) The secretary of state shall prescribe the forms for | 3050 |
persons to use in complying with the requirements of Title XVII of | 3051 |
the Revised Code to the extent that those requirements relate to | 3052 |
filings with the secretary of state's office. | 3053 |
Sec. 118.08. (A) The members of the financial planning and | 3054 |
supervision commission shall serve without compensation, but shall | 3055 |
be paid by the commission their necessary and actual expenses | 3056 |
incurred while engaged in the business of the commission. | 3057 |
(B) All expenses incurred for services rendered by the | 3058 |
financial supervisor for a period of twenty-four months shall be | 3059 |
paid by the commission pursuant to an appropriation made by the | 3060 |
general assembly for this purpose. Expenses incurred for services | 3061 |
rendered by the financial supervisor beyond this period shall be | 3062 |
borne by the municipal corporation, county, or township unless the | 3063 |
director of budget and management waives the costs and allows | 3064 |
payment in accordance with the following: | 3065 |
(1) If the continued performance of the financial supervisor | 3066 |
is required for a period of twenty-five to thirty months, the | 3067 |
municipal corporation, county, or township is responsible for | 3068 |
twenty per cent of the compensation due. | 3069 |
(2) If the continued performance of the financial supervisor | 3070 |
is required for a period of thirty-one to thirty-six months, the | 3071 |
municipal corporation, county, or township is responsible for | 3072 |
fifty per cent of the compensation due. | 3073 |
(3) If the continued performance of the financial supervisor | 3074 |
is required for a period of thirty-seven months or more, the | 3075 |
municipal corporation, county, or township is responsible for one | 3076 |
hundred per cent of the compensation due except as otherwise | 3077 |
provided in division (B)(4) of this section. | 3078 |
(4)
| 3079 |
performance of the financial supervisor has been required longer | 3080 |
than eight fiscal years for any municipal corporation, county, or | 3081 |
township declared to be in a fiscal emergency prior to fiscal year | 3082 |
1996, that municipal corporation, county, or township is | 3083 |
responsible for fifty per cent of the compensation due in its | 3084 |
ninth fiscal
year
| 3085 |
per cent of the compensation due in
its tenth fiscal year
| 3086 |
every fiscal year thereafter while in fiscal emergency. | 3087 |
(C) If the municipal corporation, county, or township fails | 3088 |
to make any payment to the financial supervisor as required by | 3089 |
this chapter, the financial supervisor may certify to the county | 3090 |
auditor the amount due, and that amount shall be withheld from the | 3091 |
municipal corporation, county, or township from any fund or funds | 3092 |
in the custody of the county auditor for distribution to the | 3093 |
municipal corporation, county, or township, except for those | 3094 |
reserved for payment of local government fund notes. Upon | 3095 |
receiving
| 3096 |
financial supervisor, the county auditor shall draw a voucher for | 3097 |
the amount against
| 3098 |
financial supervisor. | 3099 |
Sec. 119.12. Any party adversely affected by any order of an | 3100 |
agency issued pursuant to an adjudication denying an applicant | 3101 |
admission to an examination, or denying the issuance or renewal of | 3102 |
a license or registration of a licensee, or revoking or suspending | 3103 |
a license, or allowing the payment of a forfeiture under section | 3104 |
4301.252 of the Revised Code, may appeal from the order of the | 3105 |
agency to the court of common pleas of the county in which the | 3106 |
place of business of the licensee is located or the county in | 3107 |
which the licensee is a resident, except that appeals from | 3108 |
decisions of the liquor control commission, the state medical | 3109 |
board, state chiropractic board, state dental board, and board of | 3110 |
nursing shall be to the court of common pleas of Franklin county. | 3111 |
If any such party is not a resident of and has no place of | 3112 |
business in this state, the party may appeal to the court of | 3113 |
common pleas of Franklin county. | 3114 |
Any party adversely affected by any order of an agency issued | 3115 |
pursuant to any other adjudication may appeal to the court of | 3116 |
common pleas of Franklin county, except that appeals from orders | 3117 |
of the fire marshal issued under Chapter 3737. of the Revised Code | 3118 |
may be to the court of common pleas of the county in which the | 3119 |
building of the aggrieved person is located. | 3120 |
This section does not apply to appeals from the department of | 3121 |
taxation. | 3122 |
Any party desiring to appeal shall file a notice of appeal | 3123 |
with the agency setting forth the order appealed from and the | 3124 |
grounds of the party's appeal. A copy of such notice of appeal | 3125 |
shall also be filed by the appellant with the court. Unless | 3126 |
otherwise provided by law relating to a particular agency, such | 3127 |
notices of appeal shall be filed within fifteen days after the | 3128 |
mailing of the notice of the agency's order as provided in this | 3129 |
section. For purposes of this paragraph, an order includes a | 3130 |
determination appealed pursuant to division (C) of section 119.092 | 3131 |
of the Revised Code. | 3132 |
The filing of a notice of appeal shall not automatically | 3133 |
operate as a suspension of the order of an agency. If it appears | 3134 |
to the court that an unusual hardship to the appellant will result | 3135 |
from the execution of the agency's order pending determination of | 3136 |
the appeal, the court may grant a suspension and fix its terms. If | 3137 |
an appeal is taken from the judgment of the court and the court | 3138 |
has previously granted a suspension of the agency's order as | 3139 |
provided in this section, such suspension of the agency's order | 3140 |
shall not be vacated and shall be given full force and effect | 3141 |
until the matter is finally adjudicated. No renewal of a license | 3142 |
or permit shall be denied by reason of such suspended order during | 3143 |
the period of the appeal from the decision of the court of common | 3144 |
pleas. In the case of an appeal from the state medical board or | 3145 |
state chiropractic board, the court may grant a suspension and | 3146 |
fix its terms if it appears to the court that an unusual hardship | 3147 |
to the appellant will result from the execution of the agency's | 3148 |
order pending determination of the appeal and the health, safety, | 3149 |
and welfare of the public will not be threatened by suspension of | 3150 |
the order. This provision shall not be construed to limit the | 3151 |
factors the court may consider in determining whether to suspend | 3152 |
an order of any other agency pending determination of an appeal. | 3153 |
The final order of adjudication may apply to any renewal of a | 3154 |
license or permit which has been granted during the period of the | 3155 |
appeal. | 3156 |
Notwithstanding any other provision of this section, any | 3157 |
order issued by a court of common pleas or a court of appeals | 3158 |
suspending the effect of an order of the liquor control commission | 3159 |
issued pursuant to Chapter 4301. or 4303. of the Revised Code that | 3160 |
suspends, revokes, or cancels a permit issued under Chapter 4303. | 3161 |
of the Revised Code, or that allows the payment of a forfeiture | 3162 |
under section 4301.252 of the Revised Code, shall terminate not | 3163 |
more than six months after the date of the filing of the record of | 3164 |
the liquor control commission with the clerk of the court of | 3165 |
common pleas and shall not be extended. The court of common | 3166 |
pleas, or the court of appeals on appeal, shall render a judgment | 3167 |
in that matter within six months after the date of the filing of | 3168 |
the record of the liquor control commission with the clerk of the | 3169 |
court of common pleas. A court of appeals shall not issue an | 3170 |
order suspending the effect of an order of the liquor control | 3171 |
commission that extends beyond six months after the date on which | 3172 |
the record of the liquor control commission is filed with a court | 3173 |
of common pleas. | 3174 |
Notwithstanding any other provision of this section, any | 3175 |
order issued by a court of common pleas suspending the effect of | 3176 |
an order of the state medical board or state chiropractic board | 3177 |
that limits, revokes, suspends, places on probation, or refuses to | 3178 |
register or reinstate a certificate issued by the board or | 3179 |
reprimands the holder of such a certificate shall terminate not | 3180 |
more than fifteen months after the date of the filing of a notice | 3181 |
of appeal in the court of common pleas, or upon the rendering of a | 3182 |
final decision or order in the appeal by the court of common | 3183 |
pleas, whichever occurs first. | 3184 |
Within thirty days after receipt of a notice of appeal from | 3185 |
an order in any case in which a hearing is required by sections | 3186 |
119.01 to 119.13 of the Revised Code, the agency shall prepare and | 3187 |
certify to the court a complete record of the proceedings in the | 3188 |
case. Failure of the agency to comply within the time allowed, | 3189 |
upon motion, shall cause the court to enter a finding in favor of | 3190 |
the party adversely affected. Additional time, however, may be | 3191 |
granted by the court, not to exceed thirty days, when it is shown | 3192 |
that the agency has made substantial effort to comply. Such | 3193 |
record shall be prepared and transcribed and the expense of it | 3194 |
shall be taxed as a part of the costs on the appeal. The | 3195 |
appellant shall provide security for costs satisfactory to the | 3196 |
court of common pleas. Upon demand by any interested party, the | 3197 |
agency shall furnish at the cost of the party requesting it a copy | 3198 |
of the stenographic report of testimony offered and evidence | 3199 |
submitted at any hearing and a copy of the complete record. | 3200 |
Notwithstanding any other provision of this section, any | 3201 |
party desiring to appeal an order or decision of the state | 3202 |
personnel board of review shall, at the time of filing a notice of | 3203 |
appeal with the board, provide a security deposit in an amount and | 3204 |
manner prescribed in rules that the board shall adopt in | 3205 |
accordance with this chapter. In addition, the board is not | 3206 |
required to prepare or transcribe the record of any of its | 3207 |
proceedings unless the appellant has provided the deposit | 3208 |
described above. The failure of the board to prepare or | 3209 |
transcribe a record for an appellant who has not provided a | 3210 |
security deposit shall not cause a court to enter a finding | 3211 |
adverse to the board. | 3212 |
Unless otherwise provided by law, in the hearing of the | 3213 |
appeal, the court is confined to the record as certified to it by | 3214 |
the agency. Unless otherwise provided by law, the court may grant | 3215 |
a request for the admission of additional evidence when satisfied | 3216 |
that such additional evidence is newly discovered and could not | 3217 |
with reasonable diligence have been ascertained prior to the | 3218 |
hearing before the agency. | 3219 |
The court shall conduct a hearing on such appeal and shall | 3220 |
give preference to all proceedings under sections 119.01 to 119.13 | 3221 |
of the Revised Code, over all other civil cases, irrespective of | 3222 |
the position of the proceedings on the calendar of the court. An | 3223 |
appeal from an order of the state medical board issued pursuant to | 3224 |
division (G) of either section 4730.25 or 4731.22 of the Revised | 3225 |
Code, or the state chiropractic board issued pursuant to section | 3226 |
4734.37 of the Revised Code, or the liquor control commission | 3227 |
issued pursuant to Chapter 4301. or 4303. of the Revised Code | 3228 |
shall be set down for hearing at the earliest possible time and | 3229 |
takes precedence over all other actions. The hearing in the court | 3230 |
of common pleas shall proceed as in the trial of a civil action, | 3231 |
and the court shall determine the rights of the parties in | 3232 |
accordance with the laws applicable to such action. At such | 3233 |
hearing, counsel may be heard on oral argument, briefs may be | 3234 |
submitted, and evidence introduced if the court has granted a | 3235 |
request for the presentation of additional evidence. | 3236 |
The court may affirm the order of the agency complained of in | 3237 |
the appeal if it finds, upon consideration of the entire record | 3238 |
and such additional evidence as the court has admitted, that the | 3239 |
order is supported by reliable, probative, and substantial | 3240 |
evidence and is in accordance with law. In the absence of such a | 3241 |
finding, it may reverse, vacate, or modify the order or make such | 3242 |
other ruling as is supported by reliable, probative, and | 3243 |
substantial evidence and is in accordance with law. The court | 3244 |
shall award compensation for fees in accordance with section | 3245 |
2335.39 of the Revised Code to a prevailing party, other than an | 3246 |
agency, in an appeal filed pursuant to this section. | 3247 |
The judgment of the court shall be final and conclusive | 3248 |
unless reversed, vacated, or modified on appeal. Such appeals may | 3249 |
be taken either by the party or the agency, shall proceed as in | 3250 |
the case of appeals in civil actions, and shall be pursuant to the | 3251 |
Rules of Appellate Procedure and, to the extent not in conflict | 3252 |
with those rules, Chapter 2505. of the Revised Code. Such appeal | 3253 |
by the agency shall be taken on questions of law relating to the | 3254 |
constitutionality, construction, or interpretation of statutes and | 3255 |
rules of the agency, and in such appeal the court may also review | 3256 |
and determine the correctness of the judgment of the court of | 3257 |
common pleas that the order of the agency is not supported by any | 3258 |
reliable, probative, and substantial evidence in the entire | 3259 |
record. | 3260 |
The court shall certify its judgment to such agency or take | 3261 |
such other action necessary to give its judgment effect. | 3262 |
Sec. 120.06. (A)(1) The state public defender, when | 3263 |
designated by the court or requested by a county public defender | 3264 |
or joint county public defender, may provide legal representation | 3265 |
in all courts throughout the state to indigent adults and | 3266 |
juveniles who are charged with the commission of an offense or act | 3267 |
for which the penalty or any possible adjudication includes the | 3268 |
potential loss of liberty. | 3269 |
(2) The state public defender may provide legal | 3270 |
representation to any indigent person who, while incarcerated in | 3271 |
any state correctional institution, is charged with a felony | 3272 |
offense, for which the penalty or any possible adjudication that | 3273 |
may be imposed by a court upon conviction includes the potential | 3274 |
loss of liberty. | 3275 |
(3) The state public defender may provide legal | 3276 |
representation to any person incarcerated in any correctional | 3277 |
institution of the state, in any matter in which the person | 3278 |
asserts the person is unlawfully imprisoned or detained. | 3279 |
(4) The state public defender, in any case in which the | 3280 |
state public defender has provided legal representation or is | 3281 |
requested to do so by a county public defender or joint county | 3282 |
public defender, may provide legal representation on appeal. | 3283 |
(5) The state public defender, when designated by the court | 3284 |
or requested by a county public defender, joint county public | 3285 |
defender, or the director of rehabilitation and correction, shall | 3286 |
provide legal representation in parole and probation revocation | 3287 |
matters, unless the state public defender finds that the alleged | 3288 |
parole or probation violator has the financial capacity to retain | 3289 |
the alleged violator's own counsel. | 3290 |
(6) If the state public defender contracts with a county | 3291 |
public defender commission, a joint county public defender | 3292 |
commission, or a board of county commissioners for the provision | 3293 |
of services, under authority of division (C)(7) of section 120.04 | 3294 |
of the Revised Code, the state public defender shall provide legal | 3295 |
representation in accordance with the contract. | 3296 |
(B) The state public defender shall not be required to | 3297 |
prosecute any appeal, postconviction remedy, or other proceeding | 3298 |
pursuant to division (A)(3), (4), or (5) of this section, unless | 3299 |
the state public defender first is satisfied that there is | 3300 |
arguable merit to the proceeding. | 3301 |
(C) A court may appoint counsel or allow an indigent person | 3302 |
to select the indigent's own personal counsel to assist the state | 3303 |
public defender as co-counsel when the interests of justice so | 3304 |
require. When co-counsel is appointed to assist the state public | 3305 |
defender, the co-counsel shall receive any compensation that the | 3306 |
court may approve, not to exceed the amounts provided for in | 3307 |
section 2941.51 of the Revised Code. | 3308 |
(D) When the state public defender is designated by the | 3309 |
court or requested by a county public defender or joint county | 3310 |
public defender to provide legal representation for an indigent | 3311 |
person in any case, other than pursuant to a contract entered into | 3312 |
under authority of division (C)(7) of section 120.04 of the | 3313 |
Revised Code, the state public defender shall send to the county | 3314 |
in which the case is filed an itemized bill for fifty per cent of | 3315 |
the actual cost of the representation. The county, upon receipt | 3316 |
of an itemized bill from the state public defender pursuant to | 3317 |
this division, shall pay fifty per cent of the actual cost of the | 3318 |
legal representation as set forth in the itemized bill. There is | 3319 |
hereby created in the state treasury the county representation | 3320 |
fund for the deposit of moneys received from counties under this | 3321 |
division. All moneys credited to the fund shall be used by the | 3322 |
state public defender to provide legal representation for indigent | 3323 |
persons when designated by the court or requested by a county or | 3324 |
joint county public defender. | 3325 |
(E)(1) Notwithstanding any contrary provision of sections | 3326 |
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code | 3327 |
that pertains to representation by the attorney general, an | 3328 |
assistant attorney general, or special counsel of an officer or | 3329 |
employee, as defined in section 109.36 of the Revised Code, or of | 3330 |
an entity of state government, the state public defender may elect | 3331 |
to contract with, and to have the state pay pursuant to division | 3332 |
(E)(2) of this section for the services of, private legal counsel | 3333 |
to represent the Ohio public defender commission, the state public | 3334 |
defender, assistant state public defenders, other employees of the | 3335 |
commission or the state public defender, and attorneys described | 3336 |
in division (C) of section 120.41 of the Revised Code in a | 3337 |
malpractice or other civil action or proceeding that arises from | 3338 |
alleged actions or omissions related to responsibilities derived | 3339 |
pursuant to this chapter, or in a civil action that is based upon | 3340 |
alleged violations of the constitution or statutes of the United | 3341 |
States, including section 1983 of Title 42 of the United States | 3342 |
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that | 3343 |
arises from alleged actions or omissions related to | 3344 |
responsibilities derived pursuant to this chapter, if the state | 3345 |
public defender determines, in good faith, that the defendant in | 3346 |
the civil action or proceeding did not act manifestly outside the | 3347 |
scope of the defendant's employment or official responsibilities, | 3348 |
with malicious purpose, in bad faith, or in a wanton or reckless | 3349 |
manner. If the state public defender elects not to contract | 3350 |
pursuant to this division for private legal counsel in a civil | 3351 |
action or proceeding, then, in accordance with sections 109.02, | 3352 |
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the | 3353 |
attorney general shall represent or provide for the representation | 3354 |
of the Ohio public defender commission, the state public defender, | 3355 |
assistant state public defenders, other employees of the | 3356 |
commission or the state public defender, or attorneys described in | 3357 |
division (C) of section 120.41 of the Revised Code in the civil | 3358 |
action or proceeding. | 3359 |
(2)(a) Subject to division (E)(2)(b) of this section, | 3360 |
payment from the state treasury for the services of private legal | 3361 |
counsel with whom the state public defender has contracted | 3362 |
pursuant to division (E)(1) of this section shall be accomplished | 3363 |
only through the following procedure: | 3364 |
(i) The private legal counsel shall file with the attorney | 3365 |
general a copy of the contract; a request for an award of legal | 3366 |
fees, court costs, and expenses earned or incurred in connection | 3367 |
with the defense of the Ohio public defender commission, the state | 3368 |
public defender, an assistant state public defender, an employee, | 3369 |
or an attorney in a specified civil action or proceeding; a | 3370 |
written itemization of those fees, costs, and expenses, including | 3371 |
the signature of the state public defender and the state public | 3372 |
defender's attestation that the fees, costs, and expenses were | 3373 |
earned or incurred pursuant to division (E)(1) of this section to | 3374 |
the best of the state public defender's knowledge and information; | 3375 |
a written statement whether the fees, costs, and expenses are for | 3376 |
all legal services to be rendered in connection with that defense, | 3377 |
are only for legal services rendered to the date of the request | 3378 |
and additional legal services likely will have to be provided in | 3379 |
connection with that defense, or are for the final legal services | 3380 |
rendered in connection with that defense; a written statement | 3381 |
indicating whether the private legal counsel previously submitted | 3382 |
a request for an award under division (E)(2) of this section in | 3383 |
connection with that defense and, if so, the date and the amount | 3384 |
of each award granted; and, if the fees, costs, and expenses are | 3385 |
for all legal services to be rendered in connection with that | 3386 |
defense or are for the final legal services rendered in connection | 3387 |
with that defense, a certified copy of any judgment entry in the | 3388 |
civil action or proceeding or a signed copy of any settlement | 3389 |
agreement entered into between the parties to the civil action or | 3390 |
proceeding. | 3391 |
(ii) Upon receipt of a request for an award of legal fees, | 3392 |
court costs, and expenses and the requisite supportive | 3393 |
documentation described in division (E)(2)(a)(i) of this section, | 3394 |
the attorney general shall review the request and documentation; | 3395 |
determine whether any of the limitations specified in division | 3396 |
(E)(2)(b) of this section apply to the request; and, if an award | 3397 |
of legal fees, court costs, or expenses is permissible after | 3398 |
applying the limitations, prepare a document awarding legal fees, | 3399 |
court costs, or expenses to the private legal counsel. The | 3400 |
document shall name the private legal counsel as the recipient of | 3401 |
the award; specify the total amount of the award as determined by | 3402 |
the attorney general; itemize the portions of the award that | 3403 |
represent legal fees, court costs, and expenses; specify any | 3404 |
limitation applied pursuant to division (E)(2)(b) of this section | 3405 |
to reduce the amount of the award sought by the private legal | 3406 |
counsel; state that the award is payable from the state treasury | 3407 |
pursuant to division (E)(2)(a)(iii) of this section; and be | 3408 |
approved by the inclusion of the signatures of the attorney | 3409 |
general, the state public defender, and the private legal counsel. | 3410 |
(iii) The attorney general shall forward a copy of the | 3411 |
document prepared pursuant to division (E)(2)(a)(ii) of this | 3412 |
section to the director of budget and management. The award of | 3413 |
legal fees, court costs, or expenses shall be paid out of the | 3414 |
state public defender's appropriations, to the extent there is a | 3415 |
sufficient available balance in those appropriations. If the | 3416 |
state public defender does not have a sufficient available balance | 3417 |
in the state public defender's appropriations to pay the entire | 3418 |
award of legal fees, court costs, or expenses, the director shall | 3419 |
make application for a transfer of appropriations out of the | 3420 |
emergency purposes account or any other appropriation for | 3421 |
emergencies or contingencies in an amount equal to the portion of | 3422 |
the award that exceeds the sufficient available balance in the | 3423 |
state public defender's appropriations. A transfer of | 3424 |
appropriations out of the emergency purposes account or any other | 3425 |
appropriation for emergencies or contingencies shall be authorized | 3426 |
if there are sufficient moneys greater than the sum total of then | 3427 |
pending emergency purposes account requests, or requests for | 3428 |
releases from the other appropriation. If a transfer of | 3429 |
appropriations out of the emergency purposes account or other | 3430 |
appropriation for emergencies or contingencies is made to pay an | 3431 |
amount equal to the portion of the award that exceeds the | 3432 |
sufficient available balance in the state public defender's | 3433 |
appropriations, the director shall cause the payment to be made to | 3434 |
the private legal counsel. If sufficient moneys do not exist in | 3435 |
the emergency purposes account or other appropriation for | 3436 |
emergencies or contingencies to pay an amount equal to the portion | 3437 |
of the award that exceeds the sufficient available balance in the | 3438 |
state public defender's appropriations, the private legal counsel | 3439 |
shall request the general assembly to make an appropriation | 3440 |
sufficient to pay an amount equal to the portion of the award that | 3441 |
exceeds the sufficient available balance in the state public | 3442 |
defender's appropriations, and no payment in that amount shall be | 3443 |
made until the appropriation has been made. The private legal | 3444 |
counsel shall make the request during the current biennium and | 3445 |
during each succeeding biennium until a sufficient appropriation | 3446 |
is made. | 3447 |
(b) An award of legal fees, court costs, and expenses | 3448 |
pursuant to division (E) of this section is subject to the | 3449 |
following limitations: | 3450 |
(i) The maximum award or maximum aggregate of a series of | 3451 |
awards of legal fees, court costs, and expenses to the private | 3452 |
legal counsel in connection with the defense of the Ohio public | 3453 |
defender commission, the state public defender, an assistant state | 3454 |
public defender, an employee, or an attorney in a specified civil | 3455 |
action or proceeding shall not exceed fifty thousand dollars. | 3456 |
(ii) The private legal counsel shall not be awarded legal | 3457 |
fees, court costs, or expenses to the extent the fees, costs, or | 3458 |
expenses are covered by a policy of malpractice or other | 3459 |
insurance. | 3460 |
(iii) The private legal counsel shall be awarded legal fees | 3461 |
and expenses only to the extent that the fees and expenses are | 3462 |
reasonable in light of the legal services rendered by the private | 3463 |
legal counsel in connection with the defense of the Ohio public | 3464 |
defender commission, the state public defender, an assistant state | 3465 |
public defender, an employee, or an attorney in a specified civil | 3466 |
action or proceeding. | 3467 |
(c) If, pursuant to division (E)(2)(a) of this section, the | 3468 |
attorney general denies a request for an award of legal fees, | 3469 |
court costs, or expenses to private legal counsel because of the | 3470 |
application of a limitation specified in division (E)(2)(b) of | 3471 |
this section, the attorney general shall notify the private legal | 3472 |
counsel in writing of the denial and of the limitation applied. | 3473 |
(d) If, pursuant to division (E)(2)(c) of this section, a | 3474 |
private legal counsel receives a denial of an award notification | 3475 |
or if a private legal counsel refuses to approve a document under | 3476 |
division (E)(2)(a)(ii) of this section because of the proposed | 3477 |
application of a limitation specified in division (E)(2)(b) of | 3478 |
this section, the private legal counsel may commence a civil | 3479 |
action against the attorney general in the court of claims to | 3480 |
prove the private legal counsel's entitlement to the award sought, | 3481 |
to prove that division (E)(2)(b) of this section does not prohibit | 3482 |
or otherwise limit the award sought, and to recover a judgment for | 3483 |
the amount of the award sought. A civil action under division | 3484 |
(E)(2)(d) of this section shall be commenced no later than two | 3485 |
years after receipt of a denial of award notification or, if the | 3486 |
private legal counsel refused to approve a document under division | 3487 |
(E)(2)(a)(ii) of this section because of the proposed application | 3488 |
of a limitation specified in division (E)(2)(b) of this section, | 3489 |
no later than two years after the refusal. Any judgment of the | 3490 |
court of claims in favor of the private legal counsel shall be | 3491 |
paid from the state treasury in accordance with division (E)(2)(a) | 3492 |
of this section. | 3493 |
(F) If a court appoints the office of the state public | 3494 |
defender to represent a petitioner in a postconviction relief | 3495 |
proceeding under section 2953.21 of the Revised Code, the | 3496 |
petitioner has received a sentence of death, and the proceeding | 3497 |
relates to that sentence, all of the attorneys who represent the | 3498 |
petitioner in the proceeding pursuant to the appointment, whether | 3499 |
an assistant state public defender, the state public defender, or | 3500 |
another
attorney, shall be certified under Rule
| 3501 |
of
Superintendence for
| 3502 |
represent indigent defendants charged with or convicted of an | 3503 |
offense for which the death penalty can be or has been imposed. | 3504 |
Sec. 120.16. (A)(1) The county public defender shall | 3505 |
provide legal representation to indigent adults and juveniles who | 3506 |
are charged with the commission of an offense or act that is a | 3507 |
violation of a state statute and for which the penalty or any | 3508 |
possible adjudication includes the potential loss of liberty and | 3509 |
in postconviction proceedings as defined in this section. | 3510 |
(2) The county public defender may provide legal | 3511 |
representation to indigent adults and juveniles charged with the | 3512 |
violation of an ordinance of a municipal corporation for which the | 3513 |
penalty or any possible adjudication includes the potential loss | 3514 |
of liberty, if the county public defender commission has | 3515 |
contracted with the municipal corporation to provide legal | 3516 |
representation for indigent persons charged with a violation of an | 3517 |
ordinance of the municipal corporation. | 3518 |
(B) The county public defender shall provide the legal | 3519 |
representation authorized by division (A) of this section at every | 3520 |
stage of the proceedings following arrest, detention, service of | 3521 |
summons, or indictment. | 3522 |
(C) The county public defender may request the state public | 3523 |
defender to prosecute any appeal or other remedy before or after | 3524 |
conviction that the county public defender decides is in the | 3525 |
interests of justice, and may provide legal representation in | 3526 |
parole and probation revocation matters. | 3527 |
(D) The county public defender shall not be required to | 3528 |
prosecute any appeal, postconviction remedy, or other proceeding, | 3529 |
unless the county public defender is first satisfied there is | 3530 |
arguable merit to the proceeding. | 3531 |
(E) Nothing in this section shall prevent a court from | 3532 |
appointing counsel other than the county public defender or from | 3533 |
allowing an indigent person to select the indigent person's own | 3534 |
personal counsel to represent the indigent person. A court may | 3535 |
also appoint counsel or allow an indigent person to select the | 3536 |
indigent person's own personal counsel to assist the county public | 3537 |
defender as co-counsel when the interests of justice so require. | 3538 |
(F) Information as to the right to legal representation by | 3539 |
the county public defender or assigned counsel shall be afforded | 3540 |
to an accused person immediately upon arrest, when brought before | 3541 |
a magistrate, or when formally charged, whichever occurs first. | 3542 |
(G) If a court appoints the office of the county public | 3543 |
defender to represent a petitioner in a postconviction relief | 3544 |
proceeding under section 2953.21 of the Revised Code, the | 3545 |
petitioner has received a sentence of death, and the proceeding | 3546 |
relates to that sentence, all of the attorneys who represent the | 3547 |
petitioner in the proceeding pursuant to the appointment, whether | 3548 |
an assistant county public defender or the county public defender, | 3549 |
shall be
certified under Rule
| 3550 |
Superintendence for
| 3551 |
indigent defendants charged with or convicted of an offense for | 3552 |
which the death penalty can be or has been imposed. | 3553 |
Sec. 120.26. (A)(1) The joint county public defender shall | 3554 |
provide legal representation to indigent adults and juveniles who | 3555 |
are charged with the commission of an offense or act that is a | 3556 |
violation of a state statute and for which the penalty or any | 3557 |
possible adjudication includes the potential loss of liberty and | 3558 |
in postconviction proceedings as defined in this section. | 3559 |
(2) The joint county public defender may provide legal | 3560 |
representation to indigent adults and juveniles charged with the | 3561 |
violation of an ordinance of a municipal corporation for which the | 3562 |
penalty or any possible adjudication includes the potential loss | 3563 |
of liberty, if the joint county public defender commission has | 3564 |
contracted with the municipal corporation to provide legal | 3565 |
representation for indigent persons charged with a violation of an | 3566 |
ordinance of the municipal corporation. | 3567 |
(B) The joint county public defender shall provide the legal | 3568 |
representation authorized by division (A) of this section at every | 3569 |
stage of the proceedings following arrest, detention, service of | 3570 |
summons, or indictment. | 3571 |
(C) The joint county public defender may request the Ohio | 3572 |
public defender to prosecute any appeal or other remedy before or | 3573 |
after conviction that the joint county public defender decides is | 3574 |
in the interests of justice and may provide legal representation | 3575 |
in parole and probation revocation matters. | 3576 |
(D) The joint county public defender shall not be required | 3577 |
to prosecute any appeal, postconviction remedy, or other | 3578 |
proceeding, unless the joint county public defender is first | 3579 |
satisfied that there is arguable merit to the proceeding. | 3580 |
(E) Nothing in this section shall prevent a court from | 3581 |
appointing counsel other than the joint county public defender or | 3582 |
from allowing an indigent person to select the indigent person's | 3583 |
own personal counsel to represent the indigent person. A court | 3584 |
may also appoint counsel or allow an indigent person to select the | 3585 |
indigent person's own personal counsel to assist the joint county | 3586 |
public defender as co-counsel when the interests of justice so | 3587 |
require. | 3588 |
(F) Information as to the right to legal representation by | 3589 |
the joint county public defender or assigned counsel shall be | 3590 |
afforded to an accused person immediately upon arrest, when | 3591 |
brought before a magistrate, or when formally charged, whichever | 3592 |
occurs first. | 3593 |
(G) If a court appoints the office of the joint county | 3594 |
public defender to represent a petitioner in a postconviction | 3595 |
relief proceeding under section 2953.21 of the Revised Code, the | 3596 |
petitioner has received a sentence of death, and the proceeding | 3597 |
relates to that sentence, all of the attorneys who represent the | 3598 |
petitioner in the proceeding pursuant to the appointment, whether | 3599 |
an assistant joint county defender or the joint county public | 3600 |
defender, shall
be certified under Rule
| 3601 |
Superintendence for
| 3602 |
indigent defendants charged with or convicted of an offense for | 3603 |
which the death penalty can be or has been imposed. | 3604 |
Sec. 120.33. (A) In lieu of using a county public defender | 3605 |
or joint county public defender to represent indigent persons in | 3606 |
the proceedings set forth in division (A) of section 120.16 of the | 3607 |
Revised Code, the board of county commissioners of any county may | 3608 |
adopt a resolution to pay counsel who are either personally | 3609 |
selected by the indigent person or appointed by the court. The | 3610 |
resolution shall include those provisions the board of county | 3611 |
commissioners considers necessary to provide effective | 3612 |
representation of indigent persons in any proceeding for which | 3613 |
counsel is provided under this section. The resolution shall | 3614 |
include provisions for contracts with any municipal corporation | 3615 |
under which the municipal corporation shall reimburse the county | 3616 |
for counsel appointed to represent indigent persons charged with | 3617 |
violations of the ordinances of the municipal corporation. | 3618 |
(1) In a county that adopts a resolution to pay counsel, an | 3619 |
indigent person shall have the right to do either of the | 3620 |
following: | 3621 |
(a) To select the person's own personal counsel to represent | 3622 |
the person in any proceeding included within the provisions of the | 3623 |
resolution; | 3624 |
(b) To request the court to appoint counsel to represent the | 3625 |
person in such a proceeding. | 3626 |
(2) The court having jurisdiction over the proceeding in a | 3627 |
county that adopts a resolution to pay counsel shall, after | 3628 |
determining that the person is indigent and entitled to legal | 3629 |
representation under this section, do either of the following: | 3630 |
(a) By signed journal entry recorded on its docket, enter | 3631 |
the name of the lawyer selected by the indigent person as counsel | 3632 |
of record; | 3633 |
(b) Appoint counsel for the indigent person if the person | 3634 |
has requested the court to appoint counsel and, by signed journal | 3635 |
entry recorded on its dockets, enter the name of the lawyer | 3636 |
appointed for the indigent person as counsel of record. | 3637 |
(3) The board of county commissioners shall establish a | 3638 |
schedule of fees by case or on an hourly basis to be paid to | 3639 |
counsel for legal services provided pursuant to a resolution | 3640 |
adopted under this section. Prior to establishing the schedule, | 3641 |
the board of county commissioners shall request the bar | 3642 |
association or associations of the county to submit a proposed | 3643 |
schedule. The schedule submitted shall be subject to the review, | 3644 |
amendment, and approval of the board of county commissioners. | 3645 |
(4) Counsel selected by the indigent person or appointed by | 3646 |
the court at the request of an indigent person in a county that | 3647 |
adopts a resolution to pay counsel, except for counsel appointed | 3648 |
to represent a person charged with any violation of an ordinance | 3649 |
of a municipal corporation that has not contracted with the county | 3650 |
commissioners for the payment of appointed counsel, shall be paid | 3651 |
by the county and shall receive the compensation and expenses the | 3652 |
court approves. Each request for payment shall be accompanied by | 3653 |
a financial disclosure form and an affidavit of indigency that are | 3654 |
completed by the indigent person on forms prescribed by the state | 3655 |
public defender. Compensation and expenses shall not exceed the | 3656 |
amounts fixed by the board of county commissioners in the schedule | 3657 |
adopted pursuant to division (A)(3) of this section. No court | 3658 |
shall approve compensation and expenses that exceed the amount | 3659 |
fixed pursuant to division (A)(3) of this section. | 3660 |
The fees and expenses approved by the court shall not be | 3661 |
taxed as part of the costs and shall be paid by the county. | 3662 |
However, if the person represented has, or may reasonably be | 3663 |
expected to have, the means to meet some part of the cost of the | 3664 |
services rendered to the person, the person shall pay the county | 3665 |
an amount that the person reasonably can be expected to pay. | 3666 |
Pursuant to section 120.04 of the Revised Code, the county shall | 3667 |
pay to the state public defender a percentage of the payment | 3668 |
received from the person in an amount proportionate to the | 3669 |
percentage of the costs of the person's case that were paid to the | 3670 |
county by the state public defender pursuant to this section. The | 3671 |
money paid to the state public defender shall be credited to the | 3672 |
client payment fund created pursuant to division (B)(5) of section | 3673 |
120.04 of the Revised Code. | 3674 |
The county auditor shall draw a warrant on the county | 3675 |
treasurer for the payment of counsel in the amount fixed by the | 3676 |
court, plus the expenses the court fixes and certifies to the | 3677 |
auditor. The county auditor shall report periodically, but not | 3678 |
less than annually, to the board of county commissioners and to | 3679 |
the Ohio public defender commission the amounts paid out pursuant | 3680 |
to the approval of the court. The board of county commissioners, | 3681 |
after review and approval of the auditor's report, may then | 3682 |
certify it to the state public defender for reimbursement. If a | 3683 |
request for reimbursement is not accompanied by a financial | 3684 |
disclosure form and an affidavit of indigency completed by the | 3685 |
indigent person on forms prescribed by the state public defender, | 3686 |
the state public defender shall not pay the requested | 3687 |
reimbursement. If a request for the reimbursement of the cost of | 3688 |
counsel in any case is not received by the state public defender | 3689 |
within ninety days after the end of the calendar month in which | 3690 |
the case is finally disposed of by the court, unless the county | 3691 |
has requested and the state public defender has granted an | 3692 |
extension of the ninety-day limit, the state public defender shall | 3693 |
not pay the requested reimbursement. The state public defender | 3694 |
shall also review the report and, in accordance with the | 3695 |
standards, guidelines, and maximums established pursuant to | 3696 |
divisions (B)(7) and (8) of section 120.04 of the Revised Code, | 3697 |
prepare a voucher for fifty per cent of the total cost of each | 3698 |
county appointed counsel system in the period of time covered by | 3699 |
the certified report and a voucher for fifty per cent of the costs | 3700 |
and expenses that are reimbursable under section 120.35 of the | 3701 |
Revised Code, if any, or, if the amount of money appropriated by | 3702 |
the general assembly to reimburse counties for the operation of | 3703 |
county public defender offices, joint county public defender | 3704 |
offices, and county appointed counsel systems is not sufficient to | 3705 |
pay fifty per cent of the total cost of all of the offices and | 3706 |
systems other than costs and expenses that are reimbursable under | 3707 |
section 120.35 of the Revised Code, for the lesser amount required | 3708 |
by section 120.34 of the Revised Code. | 3709 |
(5) If any county appointed counsel system fails to maintain | 3710 |
the standards for the conduct of the system established by the | 3711 |
rules of the Ohio public defender commission pursuant to divisions | 3712 |
(B) and (C) of section 120.03 or the standards established by the | 3713 |
state public defender pursuant to division (B)(7) of section | 3714 |
120.04 of the Revised Code, the Ohio public defender commission | 3715 |
shall notify the board of county commissioners of the county that | 3716 |
the county appointed counsel system has failed to comply with its | 3717 |
rules or the standards of the state public defender. Unless the | 3718 |
board of county commissioners corrects the conduct of its | 3719 |
appointed counsel system to comply with the rules and standards | 3720 |
within ninety days after the date of the notice, the state public | 3721 |
defender may deny all or part of the county's reimbursement from | 3722 |
the state provided for in division (A)(4) of this section. | 3723 |
(B) In lieu of using a county public defender or joint | 3724 |
county public defender to represent indigent persons in the | 3725 |
proceedings set forth in division (A) of section 120.16 of the | 3726 |
Revised Code, and in lieu of adopting the resolution and following | 3727 |
the procedure described in division (A) of this section, the board | 3728 |
of county commissioners of any county may contract with the state | 3729 |
public defender for the state public defender's legal | 3730 |
representation of indigent persons. A contract entered into | 3731 |
pursuant to this division may provide for payment for the services | 3732 |
provided on a per case, hourly, or fixed contract basis. | 3733 |
(C) If a court appoints an attorney pursuant to this section | 3734 |
to represent a petitioner in a postconviction relief proceeding | 3735 |
under section 2953.21 of the Revised Code, the petitioner has | 3736 |
received a sentence of death, and the proceeding relates to that | 3737 |
sentence, the attorney who represents the petitioner in the | 3738 |
proceeding pursuant to the appointment shall be certified under | 3739 |
Rule
| 3740 |
Courts of Ohio to represent indigent defendants charged with or | 3741 |
convicted of an offense for which the death penalty can be or has | 3742 |
been imposed. | 3743 |
Sec. 121.04. Offices are created within the several | 3744 |
departments as follows: | 3745 |
In the department of commerce: | 3746 |
Commissioner of securities; | 3747 | |||
Superintendent of real estate and professional licensing; | 3748 | |||
Superintendent of financial institutions; | 3749 | |||
Fire marshal; | 3750 | |||
Superintendent of labor and worker safety; | 3751 | |||
Beginning on July 1, 1997, | 3752 | |||
Superintendent of liquor control; | 3753 | |||
Superintendent of industrial compliance. | 3754 |
In the department of administrative services: | 3755 |
State architect and engineer; | 3756 | |||
Equal employment opportunity coordinator. | 3757 |
In the department of agriculture: | 3758 |
Chiefs of divisions as follows: | 3759 |
Administration; | 3760 | |||
Animal industry; | 3761 | |||
Dairy; | 3762 | |||
Food safety; | 3763 | |||
Plant industry; | 3764 | |||
Markets; | 3765 | |||
Meat inspection; | 3766 | |||
Consumer analytical laboratory; | 3767 | |||
Amusement ride safety; | 3768 | |||
Enforcement; | 3769 | |||
Weights and measures. | 3770 |
In the department of natural resources: | 3771 |
Chiefs of divisions as follows: | 3772 |
Water; | 3773 | |||
Mineral resources management; | 3774 | |||
Forestry; | 3775 | |||
Natural areas and preserves; | 3776 | |||
Wildlife; | 3777 | |||
Geological survey; | 3778 | |||
Parks and recreation; | 3779 | |||
Watercraft; | 3780 | |||
Recycling and litter prevention; | 3781 | |||
Civilian conservation; | 3782 | |||
Soil and water conservation; | 3783 | |||
Real estate and land management; | 3784 | |||
Engineering. | 3785 |
In the department of insurance: | 3786 |
Deputy superintendent of insurance; | 3787 | |||
Assistant superintendent of insurance, technical; | 3788 | |||
Assistant superintendent of insurance, administrative; | 3789 | |||
Assistant superintendent of insurance, research. | 3790 |
Sec. 121.371. There is hereby created the wellness
| 3791 |
3792 | |
shall oversee the program | 3793 |
3794 | |
3795 | |
and shall establish guidelines
and objectives for
| 3796 |
| 3797 |
3798 | |
3799 | |
3800 | |
3801 | |
the program's administrative agent. | 3802 |
| 3803 |
3804 | |
3805 | |
3806 | |
of funds for the wellness program to be
| 3807 |
county
| 3808 |
determined by
| 3809 |
3810 | |
3811 | |
3812 |
County
| 3813 |
use the funds
| 3814 |
| 3815 |
prevention services that address issues of broad social concern, | 3816 |
as determined by the cabinet council
| 3817 |
state-directed training, evaluation, and education programs | 3818 |
pertaining to the issues being addressed.
| 3819 |
3820 | |
3821 | |
3822 | |
3823 |
| 3824 |
3825 | |
3826 | |
council shall establish criteria for assessing a
county
| 3827 |
department's progress in achieving the
| 3828 |
wellness
| 3829 |
job and family services does not operate in accordance with the | 3830 |
program guidelines and criteria established by
| 3831 |
cabinet council,
| 3832 |
allocation of funds that the county
| 3833 |
family services receives. | 3834 |
| 3835 |
3836 | |
3837 | |
3838 |
Sec. 121.40. (A) There is hereby created the
| 3839 |
Ohio community service council consisting of twenty-one members | 3840 |
including the superintendent of public instruction or the | 3841 |
superintendent's designee, the chancellor of the Ohio board of | 3842 |
regents or the chancellor's designee, the director of natural | 3843 |
resources or the director's designee, the director of youth | 3844 |
services or the director's designee, the director of aging or the | 3845 |
director's designee, the director of job and family services or | 3846 |
the director's designee, the chairperson of the committee of the | 3847 |
house of representatives dealing with education or the | 3848 |
chairperson's designee, the chairperson of the committee of the | 3849 |
senate dealing with education or the chairperson's designee, and | 3850 |
thirteen members who shall be appointed by the governor with the | 3851 |
advice and consent of the senate and who shall serve terms of | 3852 |
office of three years. The appointees shall include educators, | 3853 |
including teachers and administrators; representatives of youth | 3854 |
organizations; students and parents; representatives of | 3855 |
organizations engaged in volunteer program development and | 3856 |
management throughout the state, including youth and conservation | 3857 |
programs; and representatives of business, government, nonprofit | 3858 |
organizations, social service agencies, veterans organizations, | 3859 |
religious organizations, or philanthropies that support or | 3860 |
encourage volunteerism within the state. Members of the council | 3861 |
shall receive no compensation, but shall be reimbursed for actual | 3862 |
and necessary expenses incurred in the performance of their | 3863 |
official duties. | 3864 |
(B) The council shall appoint an executive director for the | 3865 |
council, who shall be in the unclassified civil service. The | 3866 |
executive director shall supervise the council's activities and | 3867 |
report to the council on the progress of those activities. The | 3868 |
executive director shall do all things necessary for the efficient | 3869 |
and effective implementation of the duties of the council. | 3870 |
The responsibilities assigned to the executive director do | 3871 |
not relieve the members of the council from final responsibility | 3872 |
for the proper performance of
the requirements of this
| 3873 |
section. | 3874 |
(C) The council or its designee shall do all of the | 3875 |
following: | 3876 |
(1) Employ, promote, supervise, and remove all employees as | 3877 |
needed in connection with the performance of its duties under this | 3878 |
section and may assign duties to those employees as necessary to | 3879 |
achieve the most efficient performance of its functions, and to | 3880 |
that end may establish, change, or abolish positions, and assign | 3881 |
and reassign duties and responsibilities of any employee of the | 3882 |
council. Personnel employed by the council who are subject to | 3883 |
Chapter 4117. of the Revised Code shall retain all of their rights | 3884 |
and benefits conferred pursuant to that chapter. Nothing in this | 3885 |
chapter shall be construed as eliminating or interfering with | 3886 |
Chapter 4117. of the Revised Code or the rights and benefits | 3887 |
conferred under that chapter to public employees or to any | 3888 |
bargaining unit. | 3889 |
(2) Maintain its office in Columbus, and may hold sessions | 3890 |
at any place within the state; | 3891 |
(3) Acquire facilities, equipment, and supplies necessary to | 3892 |
house the council, its employees, and files and records under its | 3893 |
control, and to discharge any duty imposed upon it by law. The | 3894 |
expense of these acquisitions shall be audited and paid for in the | 3895 |
same manner as other state expenses. For that purpose, the | 3896 |
council shall prepare and submit to the office of budget and | 3897 |
management a budget for each biennium according to sections | 3898 |
101.532 and 107.03 of the Revised Code. The budget submitted | 3899 |
shall cover the costs of the council and its staff in the | 3900 |
discharge of any duty imposed upon the council by law. The | 3901 |
council shall not delegate any authority to obligate funds. | 3902 |
(4) Pay its own payroll and other operating expenses from | 3903 |
line items designated by the general assembly; | 3904 |
(5) Retain its fiduciary responsibility as appointing | 3905 |
authority. Any transaction instructions shall be certified by the | 3906 |
appointing authority or its designee. | 3907 |
(6) Establish the overall policy and management of the | 3908 |
council in accordance with this chapter; | 3909 |
(7) Assist in coordinating and preparing the state | 3910 |
application for funds under sections 101 to 184 of the "National | 3911 |
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 | 3912 |
U.S.C.A. 12411 to 12544,
| 3913 |
in administering and overseeing the "National and Community | 3914 |
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the | 3915 |
americorps program in this state, and assist in developing | 3916 |
objectives for a comprehensive strategy to encourage and expand | 3917 |
community service programs throughout the state; | 3918 |
(8) Assist the state board of education, school districts, | 3919 |
the board of regents, and institutions of higher education in | 3920 |
coordinating community service education programs through | 3921 |
cooperative efforts between institutions and organizations in the | 3922 |
public and private sectors; | 3923 |
(9) Assist the departments of natural resources, youth | 3924 |
services, aging, and job and family services in coordinating | 3925 |
community service programs through cooperative efforts between | 3926 |
institutions and organizations in the public and private sectors; | 3927 |
(10) Suggest individuals and organizations that are | 3928 |
available to assist school districts, institutions of higher | 3929 |
education, and the departments of natural resources, youth | 3930 |
services, aging, and job and family services in the establishment | 3931 |
of community service programs and assist in investigating sources | 3932 |
of
funding for implementing
| 3933 |
(11) Assist in evaluating the state's efforts in providing | 3934 |
community service programs using standards and methods that are | 3935 |
consistent with any statewide objectives for
| 3936 |
and provide information to the state board of education, school | 3937 |
districts, the board of regents, institutions of higher education, | 3938 |
and the departments of natural resources, youth services, aging, | 3939 |
and job and family services to guide them in making decisions | 3940 |
about these programs; | 3941 |
(12) Assist the state board of education in complying with | 3942 |
section 3301.70 of the Revised Code and the board of regents in | 3943 |
complying with division (B)(2) of section 3333.043 of the Revised | 3944 |
Code. | 3945 |
(D) The department of aging shall serve as the council's | 3946 |
fiscal agent. Beginning on July 1, 1997, whenever reference is | 3947 |
made in any law, contract, or document to the functions of the | 3948 |
department of youth services as fiscal agent to the council, the | 3949 |
reference shall be deemed to refer to the department of aging. The | 3950 |
department of aging shall have no responsibility for or obligation | 3951 |
to the council prior to July 1, 1997. Any validation, cure, | 3952 |
right, privilege, remedy, obligation, or liability shall be | 3953 |
retained by the council. | 3954 |
As used in this section, "fiscal agent" means technical | 3955 |
support and includes the following technical support services: | 3956 |
(1) Preparing and processing payroll and other personnel | 3957 |
documents that the council executes as the appointing authority. | 3958 |
The department of aging shall not approve any payroll or other | 3959 |
personnel-related documents. | 3960 |
(2) Maintaining ledgers of accounts and reports of account | 3961 |
balances, and monitoring budgets and allotment plans in | 3962 |
consultation with the council. The department shall not approve | 3963 |
any biennial budget, grant, expenditure, audit, or fiscal-related | 3964 |
document. | 3965 |
(3) Performing other routine support services that the | 3966 |
director of aging or the director's designee and the council or | 3967 |
its designee consider appropriate to achieve efficiency. | 3968 |
(E) The council or its designee has the following authority | 3969 |
and responsibility relative to fiscal matters: | 3970 |
(1) Sole authority to draw funds for any and all federal | 3971 |
programs in which the council is authorized to participate; | 3972 |
(2) Sole authority to expend funds from their accounts for | 3973 |
programs and any other necessary expenses the council may incur | 3974 |
and its subgrantees may incur; | 3975 |
(3) Responsibility to cooperate with and inform the | 3976 |
department of aging as fiscal agent to ensure that the department | 3977 |
is fully apprised of all financial transactions. | 3978 |
The council shall follow all state procurement requirements. | 3979 |
The department of aging shall determine fees to be charged to | 3980 |
the council, which shall be in proportion to the services | 3981 |
performed for the council. | 3982 |
The council shall pay fees owed to the department of aging | 3983 |
from a general revenue fund of the council or from any other fund | 3984 |
from which the operating expenses of the council are paid. Any | 3985 |
amounts set aside for a fiscal year for
the payment of
| 3986 |
fees shall be used only for the services performed for the council | 3987 |
by the department of aging in that fiscal year. | 3988 |
Sec. 121.63. (A) Each executive agency lobbyist and each | 3989 |
employer shall file with the joint legislative ethics committee, | 3990 |
with the updated registration statement required by division (B) | 3991 |
of section 121.62 of the Revised Code, a statement of expenditures | 3992 |
as specified in divisions (B) and (C) of this section. An | 3993 |
executive agency lobbyist shall file a separate statement of | 3994 |
expenditures under this section for each employer
that engages
| 3995 |
the executive agency lobbyist. | 3996 |
(B)(1) In addition to the information required by divisions | 3997 |
(B)(2) and (3) of this section, a statement filed by an executive | 3998 |
agency lobbyist shall show the total amount of expenditures made | 3999 |
during the reporting period covered by the statement by the | 4000 |
executive agency lobbyist. | 4001 |
(2) If, during a reporting period covered by a statement, an | 4002 |
employer or any
executive agency lobbyist
| 4003 |
made, either separately or in combination with each other, | 4004 |
expenditures to, at the request of, for the benefit of, or on | 4005 |
behalf of a particular elected executive official, the director of | 4006 |
a department created under section 121.02 of the Revised Code, a | 4007 |
particular executive agency official, or a particular member of | 4008 |
the staff of any public officer listed in division (B)(2) of this | 4009 |
section, the employer or executive agency lobbyist also shall | 4010 |
state the name of the public officer or employee to whom, at whose | 4011 |
request, for whose benefit, or on whose behalf the expenditures | 4012 |
were made, the total amount of the expenditures made, a brief | 4013 |
description of the expenditures made, the approximate date the | 4014 |
expenditures were made, the executive agency decision, if any, | 4015 |
sought to be influenced, and the identity of the client on whose | 4016 |
behalf the expenditure was made. | 4017 |
As used in division (B)(2) of this section, "expenditures" | 4018 |
does not include expenditures made by an executive agency lobbyist | 4019 |
as payment for meals and other food and beverages. | 4020 |
(3) If, during a reporting period covered by a statement, an | 4021 |
executive agency lobbyist made expenditures as payment for meals | 4022 |
and other food and beverages, other than for meals and other food | 4023 |
and beverages provided at a meeting at which the person | 4024 |
participated in a panel, seminar, or speaking engagement or at a | 4025 |
meeting or
convention of a national organization to which
| 4026 |
4027 | |
| 4028 |
defined in section 3345.031 of the Revised Code pays membership | 4029 |
dues, that, when added to the amount of previous payments made for | 4030 |
meals and other food and beverages by that executive agency | 4031 |
lobbyist during that same calendar year, exceeded a total of fifty | 4032 |
dollars to, at the request of, for the benefit of, or on behalf of | 4033 |
a particular elected executive official, the director of a | 4034 |
department created under section 121.02 of the Revised Code, a | 4035 |
particular executive agency official, or any particular member of | 4036 |
the staff of any of the public officers or employees listed in | 4037 |
division (B)(3) of this section, then the executive agency | 4038 |
lobbyist shall also state regarding those expenditures the name of | 4039 |
the public officer or employee to whom, at whose request, for | 4040 |
whose benefit, or on whose behalf the expenditures were made, the | 4041 |
total amount of the expenditures made, a brief description of the | 4042 |
expenditures made, the approximate date the expenditures were | 4043 |
made, the executive agency decision, if any, sought to be | 4044 |
influenced, and the identity of the client on whose behalf the | 4045 |
expenditure was made. | 4046 |
(C) In addition to the information required by divisions | 4047 |
(B)(2) and (3) of this section, a statement filed by an employer | 4048 |
shall show the total amount of expenditures made by the employer | 4049 |
filing the statement during the period covered by the statement. | 4050 |
As used in this section, "expenditures" does not include the | 4051 |
expenses of maintaining office facilities, or the compensation | 4052 |
paid to executive agency lobbyists engaged to influence executive | 4053 |
agency decisions or conduct executive agency lobbying activity. | 4054 |
No employer shall be required to show any expenditure on a | 4055 |
statement filed under this division if the expenditure is reported | 4056 |
on a statement filed under division (B)(1), (2), or (3) of this | 4057 |
section by an executive agency lobbyist engaged by the employer. | 4058 |
(D) Any statement required to be filed under this section | 4059 |
shall be filed at the times specified in section 121.62 of the | 4060 |
Revised Code. Each statement shall cover expenditures made during | 4061 |
the four-calendar-month period that ended on the last day of the | 4062 |
month immediately preceding the month in which the statement is | 4063 |
required to be filed. | 4064 |
(E) If it is impractical or impossible for an executive | 4065 |
agency lobbyist or employer to determine exact dollar amounts or | 4066 |
values of expenditures, reporting of good faith estimates, based | 4067 |
on reasonable accounting procedures, constitutes compliance with | 4068 |
this division. | 4069 |
(F) Executive agency lobbyists and employers shall retain | 4070 |
receipts or maintain records for all expenditures that are | 4071 |
required to be reported pursuant to this section. These receipts | 4072 |
or records shall be maintained for a period ending on the | 4073 |
thirty-first day of December of the second calendar year after the | 4074 |
year in which the expenditure was made. | 4075 |
(G)(1) At least ten days before the date on which the | 4076 |
statement is filed, each employer or executive agency lobbyist who | 4077 |
is required to file an expenditure statement under division (B)(2) | 4078 |
or (3) of this section shall deliver a copy of the statement, or | 4079 |
the portion showing the expenditure, to the public officer or | 4080 |
employee who is listed in the statement as having received the | 4081 |
expenditure or on whose behalf it was made. | 4082 |
(2) If, during a reporting period covered by an expenditure | 4083 |
statement filed under division (B)(2) of this section, an employer | 4084 |
or any executive agency
lobbyist
| 4085 |
either separately or in combination with each other, either | 4086 |
directly or indirectly, expenditures for an honorarium or for | 4087 |
transportation, lodging, or food and beverages purchased for | 4088 |
consumption on the premises in which the food and beverages were | 4089 |
sold to, at the request of, for the benefit or, or on behalf of | 4090 |
any of the public officers or employees described in division | 4091 |
(B)(2) of this section, the employer or executive agency lobbyist | 4092 |
shall deliver to the public officer or employee a statement that | 4093 |
contains all of the nondisputed information prescribed in division | 4094 |
(B)(2) of this section with respect to the expenditures described | 4095 |
in division (G)(2) of this section. The statement of expenditures | 4096 |
made under division (G)(2) of this section shall be delivered to | 4097 |
the public officer or employee to whom, at whose request, for | 4098 |
whose benefit, or on whose behalf those expenditures were made on | 4099 |
the same day in which a copy of the expenditure statement or of a | 4100 |
portion showing the expenditure is delivered to the public officer | 4101 |
or employee under division (G)(1) of this section. An employer is | 4102 |
not required to show any expenditure on a statement delivered | 4103 |
under division (G)(2) of this section if the expenditure is shown | 4104 |
on a statement delivered under division (G)(2) of this section by | 4105 |
a legislative agent engaged by the employer. | 4106 |
Sec. 122.011. (A) The department of development shall | 4107 |
develop and promote plans and programs designed to assure that | 4108 |
state resources are efficiently used, economic growth is properly | 4109 |
balanced, community growth is developed in an orderly manner, and | 4110 |
local governments are coordinated with each other and the state, | 4111 |
and for such purposes may do all of the following: | 4112 |
(1) Serve as a clearinghouse for information, data, and | 4113 |
other materials that may be helpful or necessary to persons or | 4114 |
local governments, as provided in section 122.07 of the Revised | 4115 |
Code; | 4116 |
(2) Prepare and activate plans for the retention, | 4117 |
development, expansion, and use of the resources and commerce of | 4118 |
the state, as provided in section 122.04 of the Revised Code; | 4119 |
(3) Assist and cooperate with federal, state, and local | 4120 |
governments and agencies of federal, state, and local governments | 4121 |
in the coordination of programs to carry out the functions and | 4122 |
duties of the department; | 4123 |
(4) Encourage and foster research and development | 4124 |
activities, conduct studies related to the solution of community | 4125 |
problems, and develop recommendations for administrative or | 4126 |
legislative actions, as provided in section 122.03 of the Revised | 4127 |
Code; | 4128 |
(5) Serve as the economic and community development planning | 4129 |
agency, which shall prepare and recommend plans and programs for | 4130 |
the orderly growth and development of this state and which shall | 4131 |
provide planning assistance, as provided in section 122.06 of the | 4132 |
Revised Code; | 4133 |
(6) Cooperate with and provide technical assistance to state | 4134 |
departments, political subdivisions, regional and local planning | 4135 |
commissions, tourist associations, councils of government, | 4136 |
community development groups, community action agencies, and other | 4137 |
appropriate organizations for carrying out the functions and | 4138 |
duties of the department or for the solution of community | 4139 |
problems; | 4140 |
(7) Coordinate the activities of state agencies that have an | 4141 |
impact on carrying out the functions and duties of the department; | 4142 |
(8) Encourage and assist the efforts of and cooperate with | 4143 |
local governments to develop mutual and cooperative solutions to | 4144 |
their common problems that relate to carrying out the purposes of | 4145 |
this section; | 4146 |
(9) Study existing structure, operations, and financing of | 4147 |
regional or local government and those state activities that | 4148 |
involve significant relations with regional or local governmental | 4149 |
units, recommend to the governor and to the general assembly such | 4150 |
changes in these provisions and activities as will improve the | 4151 |
operations of regional or local government, and conduct other | 4152 |
studies of legal provisions that affect problems related to | 4153 |
carrying out the purposes of this section; | 4154 |
(10) Appoint, with the approval of the governor, technical | 4155 |
and other advisory councils as it considers appropriate, as | 4156 |
provided in section 122.09 of the Revised Code; | 4157 |
(11) Create and operate a division of community development | 4158 |
to develop and administer programs and activities that are | 4159 |
authorized by federal statute or the Revised Code; | 4160 |
(12) | 4161 |
4162 | |
4163 | |
4164 | |
4165 | |
4166 |
| 4167 |
consultation with the director of agriculture, for purchasing | 4168 |
loans from financial institutions and providing loan guarantees | 4169 |
under the family farm loan program created under sections 901.80 | 4170 |
to 901.83 of the Revised Code; | 4171 |
| 4172 |
loan guarantees provided under section 901.80 of the Revised Code | 4173 |
as that section
existed prior to July 1,
| 4174 |
| 4175 |
controlling board under division (A)(3) of section 901.82 of the | 4176 |
Revised Code of the release of money to be used for purchasing a | 4177 |
loan or providing a loan guarantee, request the release of that | 4178 |
money in accordance with division (B) of section 166.03 of the | 4179 |
Revised Code for use for the purposes of the fund created by | 4180 |
section 166.031 of the Revised Code. | 4181 |
(B) The department, by rule, shall establish criteria | 4182 |
defining nonprofit corporations that are eligible for appointment | 4183 |
as qualified agents pursuant to sections 135.81 to 135.88 of the | 4184 |
Revised Code. The criteria shall require that a corporation be | 4185 |
organized pursuant to Chapter 1702. of the Revised Code and have | 4186 |
as its primary purpose the promotion of economic development or | 4187 |
the creation or retention of jobs and job opportunities. The | 4188 |
criteria may include a specification as to the professional | 4189 |
qualifications of the corporation employees, a minimum elapsed | 4190 |
period of time since the corporation was organized, current and | 4191 |
former activities of the corporation, and such other criteria | 4192 |
reasonably related to the foregoing that relate to the ability of | 4193 |
the corporation to act as a qualified agent for the purposes of | 4194 |
sections
| 4195 |
(C) The director of development may request the attorney | 4196 |
general to, and the attorney general, in accordance with section | 4197 |
109.02 of the Revised Code, shall bring a civil action in any | 4198 |
court of competent jurisdiction. The director may be sued in the | 4199 |
director's official capacity, in connection with this chapter, in | 4200 |
accordance with Chapter 2743. of the Revised Code. | 4201 |
Sec. 122.60. As used in sections 122.60 to 122.605 of the | 4202 |
Revised Code: | 4203 |
(A) "Capital access loan" means a loan made by a | 4204 |
participating financial institution to an eligible business that | 4205 |
may be secured by a deposit of money from the fund into the | 4206 |
participating financial institution's program reserve account. | 4207 |
(B) "Department" means the department of development. | 4208 |
(C) "Eligible business" means a for-profit business entity | 4209 |
that had total annual sales in its most recently completed fiscal | 4210 |
year of less than ten million dollars and that has a principal | 4211 |
place of business within the state, the operation of which, alone | 4212 |
or in conjunction with other facilities, will create new jobs or | 4213 |
preserve existing jobs and employment opportunities and will | 4214 |
improve the economic welfare of the people of the state. As used | 4215 |
in this division, "new jobs" does not include existing jobs | 4216 |
transferred from another facility within the state, and "existing | 4217 |
jobs" means only existing jobs at facilities within the same | 4218 |
municipal corporation or township in which the project, activity, | 4219 |
or enterprise that is the subject of a capital access loan is | 4220 |
located. | 4221 |
(D) "Financial institution" means any bank, trust company, | 4222 |
savings bank, or savings and loan association that is chartered by | 4223 |
and has a significant presence in the state, or any national bank, | 4224 |
federal savings and loan association, or federal savings bank that | 4225 |
has a significant presence in the state. | 4226 |
(E) "Fund" means the capital access loan program fund. | 4227 |
(F) "Participating financial institution" means a financial | 4228 |
institution that has a valid, current participation agreement with | 4229 |
the department. | 4230 |
(G) "Participation agreement" means the agreement between a | 4231 |
financial institution and the department under which a financial | 4232 |
institution may participate in the program. | 4233 |
(H) "Passive real estate ownership" means the ownership of | 4234 |
real estate for the sole purpose of deriving income from it by | 4235 |
speculation, trade, or rental. | 4236 |
(I) "Program" means the capital access loan program created | 4237 |
under section 122.602 of the Revised Code. | 4238 |
(J) "Program reserve account" means a dedicated account at | 4239 |
each participating financial institution that is the property of | 4240 |
the state and may be used by the participating financial | 4241 |
institution only for the purpose of recovering a claim under | 4242 |
section 122.604 of the Revised Code arising from a default on a | 4243 |
loan made by the participating financial institution under the | 4244 |
program. | 4245 |
Sec. 122.601. There is hereby created in the state treasury | 4246 |
the capital access loan program fund. The fund shall consist of | 4247 |
money deposited into it from the facilities establishment fund | 4248 |
pursuant to section 166.03 of the Revised Code and all money | 4249 |
deposited into it pursuant to section 122.602 of the Revised Code. | 4250 |
The total amount of money deposited into the fund from the | 4251 |
facilities establishment fund shall not exceed three million | 4252 |
dollars during any particular fiscal year of the department. | 4253 |
The department shall disburse money from the capital access | 4254 |
loan program fund only to pay the operating costs of the program | 4255 |
and only in keeping with the purposes specified in sections 122.60 | 4256 |
to 122.605 of the Revised Code. | 4257 |
Sec. 122.602. (A) There is hereby created in the department | 4258 |
of development the capital access loan program to assist | 4259 |
participating financial institutions in making program loans to | 4260 |
eligible businesses that face barriers in accessing working | 4261 |
capital and obtaining fixed asset financing. In administering the | 4262 |
program, the director of development may do any of the following: | 4263 |
(1) Receive and accept grants, gifts, and contributions of | 4264 |
money, property, labor, and other things of value to be held, | 4265 |
used, and applied only for the purpose for which the grants, gifts | 4266 |
and contributions are made, from individuals, private and public | 4267 |
corporations, the United States or any agency of the United | 4268 |
States, the state or any agency of the state, or any political | 4269 |
subdivision of the state; agree to repay any contribution of money | 4270 |
or return any property contributed or the value of that property | 4271 |
at the times, in the amounts, and on the terms and conditions, | 4272 |
excluding the payment of interest, that the director consents to | 4273 |
at the time a contribution is made; and evidence obligations by | 4274 |
notes, bonds, or other written instruments; | 4275 |
(2) Adopt rules under Chapter 119. of the Revised Code to | 4276 |
carry out the purposes of the program specified in sections 122.60 | 4277 |
to 122.605 of the Revised Code; | 4278 |
(3) Engage in all other acts, and enter into contracts and | 4279 |
execute all instruments, necessary or appropriate to carry out the | 4280 |
purposes specified in sections 122.60 to 122.605 of the Revised | 4281 |
Code. | 4282 |
(B) The director shall determine the eligibility of a | 4283 |
financial institution to participate in the program and may set a | 4284 |
limit on the number of financial institutions that may participate | 4285 |
in the program. | 4286 |
(C) To be considered eligible by the director to participate | 4287 |
in the program, a financial institution shall enter into a | 4288 |
participation agreement with the department that sets out the | 4289 |
terms and conditions under which the department will deposit | 4290 |
moneys from the fund into the financial institution's program | 4291 |
reserve account, specifies the criteria for loan qualification | 4292 |
under the program, and contains any additional terms the director | 4293 |
considers necessary. | 4294 |
(D) After receiving the certification required under | 4295 |
division (C) of section 122.603 of the Revised Code, the director | 4296 |
shall disburse moneys from the fund to a participating financial | 4297 |
institution for deposit in its program reserve account if the | 4298 |
director determines that the capital access loan involved meets | 4299 |
all of the following criteria: | 4300 |
(1) It will be made to an eligible business. | 4301 |
(2) It will be used by the eligible business for a project, | 4302 |
activity, or enterprise in the state that fosters economic | 4303 |
development. | 4304 |
(3) It will not be made in order to enroll in the program | 4305 |
prior debt that is not covered under the program and that is owed | 4306 |
or was previously owed by an eligible business to the financial | 4307 |
institution. | 4308 |
(4) It will not be utilized for a project or development | 4309 |
related to the on-site construction or purchase of residential | 4310 |
housing. | 4311 |
(5) It will not be used to finance passive real estate | 4312 |
ownership. | 4313 |
(6) It conforms to the requirements of divisions (E), (F), | 4314 |
(G), (H), and (I) of this section, and to the rules adopted by the | 4315 |
director under division (A)(2) of this section. | 4316 |
(E) The director shall not approve a capital access loan to | 4317 |
an eligible business that exceeds two hundred fifty thousand | 4318 |
dollars for working capital or five hundred thousand dollars for | 4319 |
the purchase of fixed assets. An eligible business may apply for | 4320 |
the maximum amount for both working capital and the purchase of | 4321 |
fixed assets in the same capital access loan. | 4322 |
(F) A financial institution may apply to the director for | 4323 |
the approval of a capital access loan to any business that is | 4324 |
owned or operated by a person that has previously defaulted under | 4325 |
any state financial assistance program. | 4326 |
(G) Eligible businesses that apply for a capital access loan | 4327 |
shall comply with section 9.66 of the Revised Code. | 4328 |
(H) A financial institution may apply to the director for | 4329 |
the approval of a capital access loan that refinances a nonprogram | 4330 |
loan made by another financial institution. | 4331 |
(I) The director shall not approve a capital access loan | 4332 |
that refinances a nonprogram loan made by the same financial | 4333 |
institution, unless the amount of the refinanced loan exceeds the | 4334 |
existing debt, in which case only the amount exceeding the | 4335 |
existing debt is eligible for a loan under the program. | 4336 |
Sec. 122.603. (A)(1) Upon approval by the director of | 4337 |
development and after entering into a participation agreement with | 4338 |
the department, a participating financial institution making a | 4339 |
capital access loan shall establish a program reserve account. The | 4340 |
account shall be an interest-bearing account and shall contain | 4341 |
only moneys deposited into it under the program and the interest | 4342 |
payable on the moneys in the account. | 4343 |
(2) All interest payable on the moneys in the program | 4344 |
reserve account shall be added to the moneys and held as an | 4345 |
additional loss reserve. The director may require that a portion | 4346 |
or all of the accrued interest so held in the account be released | 4347 |
to the department. If the director causes a release of accrued | 4348 |
interest, the director shall deposit the released amount into the | 4349 |
fund. The director shall not require the release of accrued | 4350 |
interest more than twice in a fiscal year. | 4351 |
(B) When a participating financial institution makes a | 4352 |
capital access loan, it shall require the eligible business to pay | 4353 |
to the participating financial institution a fee in an amount that | 4354 |
is not less than one and one-half per cent, and not more than | 4355 |
three per cent, of the principal amount of the loan. The | 4356 |
participating financial institution shall deposit the fee into its | 4357 |
program reserve account, and it also shall deposit into the | 4358 |
account an amount of its own funds equal to the amount of the fee. | 4359 |
The participating financial institution may recover from the | 4360 |
eligible business all or part of the amount that the participating | 4361 |
financial institution is required to deposit into the account | 4362 |
under this division in any manner agreed to by the participating | 4363 |
financial institution and the eligible business. | 4364 |
(C) For each capital access loan made by a participating | 4365 |
financial institution, the participating financial institution | 4366 |
shall certify to the director, within a period specified by the | 4367 |
director, that the participating financial institution has made | 4368 |
the loan. The certification shall include the amount of the loan, | 4369 |
the amount of the fee received from the eligible business, the | 4370 |
amount of its own funds that the participating financial | 4371 |
institution deposited into its program reserve account to reflect | 4372 |
that fee, and any other information specified by the director. | 4373 |
(D) On receipt of a certification made under division (C) of | 4374 |
this section and subject to section 122.602 of the Revised Code, | 4375 |
the director shall disburse to the participating financial | 4376 |
institution from the fund an amount equal to ten per cent of the | 4377 |
principal amount of the particular capital access loan for deposit | 4378 |
into the participating financial institution's program reserve | 4379 |
account. The disbursement of moneys from the fund to a | 4380 |
participating financial institution does not require approval from | 4381 |
the controlling board. | 4382 |
(E) If the amount in a program reserve account exceeds an | 4383 |
amount equal to thirty-three per cent of a participating financial | 4384 |
institution's outstanding capital access loans, the department may | 4385 |
cause the withdrawal of the excess amount and the deposit of the | 4386 |
withdrawn amount into the fund. | 4387 |
(F)(1) The department may cause the withdrawal of the | 4388 |
total amount in a participating financial institution's program | 4389 |
reserve account if any of the following applies: | 4390 |
(a) The financial institution is no longer eligible to | 4391 |
participate in the program. | 4392 |
(b) The participation agreement expires without renewal by | 4393 |
the department or the financial institution. | 4394 |
(c) The financial institution has no outstanding capital | 4395 |
access loans. | 4396 |
(d) The financial institution has not made a capital access | 4397 |
loan within the preceding twenty-four months. | 4398 |
(2) If the department causes a withdrawal under division | 4399 |
(F)(1) of this section, the department shall deposit the withdrawn | 4400 |
amount into the fund. | 4401 |
Sec. 122.604. (A) If a participating financial institution | 4402 |
determines that a portion or all of a capital access loan is | 4403 |
uncollectible, it may submit a claim to the department for | 4404 |
approval of the release of moneys from its program reserve | 4405 |
account. | 4406 |
(B) The claim may include the amount of principal plus | 4407 |
accrued interest owed. The amount of principal included in the | 4408 |
claim may not exceed the principal amount covered by the program. | 4409 |
The amount of accrued interest included in the claim may not | 4410 |
exceed the accrued interest attributable to the covered principal | 4411 |
amount. | 4412 |
(C) The participating financial institution shall determine | 4413 |
the timing and amount of delinquency on a capital access loan in a | 4414 |
manner consistent with the participating financial institution's | 4415 |
normal method for making these determinations on similar | 4416 |
nonprogram loans. | 4417 |
(D) If the participating financial institution files two or | 4418 |
more claims at the same time or approximately the same time and | 4419 |
there are insufficient funds in its program reserve account at | 4420 |
that time to cover the entire amount of the claims, the | 4421 |
participating financial institution may specify an order of | 4422 |
priority in which the department shall approve the release of | 4423 |
funds from the account in relation to the claims. | 4424 |
(E) If subsequent to the payment of a claim, a participating | 4425 |
financial institution recovers from an eligible business any | 4426 |
amount covered by the paid claim, the participating financial | 4427 |
institution shall promptly deposit the amount recovered into its | 4428 |
program reserve account, less any reasonable expenses incurred. | 4429 |
Sec. 122.605. Each participating financial institution shall | 4430 |
submit an annual report to the department on or before the | 4431 |
thirty-first day of March of each year. The report shall include | 4432 |
or be accompanied by all of the following: | 4433 |
(A) Information regarding the participating financial | 4434 |
institution's outstanding capital access loans, its capital access | 4435 |
loan losses, and other related matters that the department | 4436 |
considers appropriate; | 4437 |
(B) A statement of the total amount of the participating | 4438 |
financial institution's capital access loans for which the | 4439 |
department has made disbursements from the fund under the program; | 4440 |
(C) A copy of the participating financial institution's most | 4441 |
recent financial statement. | 4442 |
Sec. 122.71. As used in sections 122.71 to 122.83 of the | 4443 |
Revised Code: | 4444 |
(A) "Financial institution" means any banking corporation, | 4445 |
trust company, insurance company, savings and loan association, | 4446 |
building and loan association, or corporation, partnership, | 4447 |
federal lending agency, foundation, or other institution engaged | 4448 |
in lending or investing funds for industrial or business purposes. | 4449 |
(B) "Project" means any real or personal property connected | 4450 |
with or being a part of an industrial, distribution, commercial, | 4451 |
or research facility to be acquired, constructed, reconstructed, | 4452 |
enlarged, improved, furnished, or equipped, or any combination | 4453 |
thereof, with the aid provided under sections 122.71 to 122.83 of | 4454 |
the Revised Code, for industrial, commercial, distribution, and | 4455 |
research development of the state. | 4456 |
(C) "Mortgage" means the lien imposed on a project by a | 4457 |
mortgage on real property, or by financing statements on personal | 4458 |
property, or a combination of a mortgage and financing statements | 4459 |
when a project consists of both real and personal property. | 4460 |
(D) "Mortgagor" means the principal user of a project or the | 4461 |
person, corporation, partnership, or association unconditionally | 4462 |
guaranteeing performance by the principal user of its obligations | 4463 |
under the mortgage. | 4464 |
(E)(1) "Minority business enterprise" means an individual who | 4465 |
is a United States citizen and owns and controls a business, or a | 4466 |
partnership, corporation, or joint venture of any kind that is | 4467 |
owned and controlled by United States citizens
| 4468 |
or citizens are
residents of
this state
| 4469 |
4470 | |
members of one of the following economically disadvantaged groups: | 4471 |
Blacks, American Indians, Hispanics, and Orientals. | 4472 |
(2) "Owned and controlled" means that at least fifty-one per | 4473 |
cent of the business, including corporate stock if a corporation, | 4474 |
is owned by persons who belong to one or more of the groups set | 4475 |
forth in division (E)(1) of this section, and that those owners | 4476 |
have control over the management and day-to-day operations of the | 4477 |
business and an interest in the capital, assets, and profits and | 4478 |
losses of the business proportionate to their percentage of | 4479 |
ownership. In order to qualify as a minority business enterprise, | 4480 |
a business shall have been owned and controlled by those persons | 4481 |
at least one year prior to being awarded a contract pursuant to | 4482 |
this section. | 4483 |
(F) "Community improvement corporation" means a corporation | 4484 |
organized under Chapter 1724. of the Revised Code. | 4485 |
(G) "Ohio development corporation" means a corporation | 4486 |
organized under Chapter 1726. of the Revised Code. | 4487 |
(H) "Minority contractors business assistance organization" | 4488 |
means an entity engaged in the provision of management and | 4489 |
technical business assistance to minority business enterprise | 4490 |
entrepreneurs. | 4491 |
(I) "Minority business supplier development council" means a | 4492 |
nonprofit organization established as an affiliate of the national | 4493 |
minority supplier development council. | 4494 |
Sec. 122.76. (A) The director of development, with | 4495 |
controlling board approval, may lend funds to minority business | 4496 |
enterprises and to community
improvement corporations
| 4497 |
development corporations, minority contractors business assistance | 4498 |
organizations, and minority business supplier development | 4499 |
councils for the purpose of loaning funds to minority business | 4500 |
enterprises and for the purpose of procuring or improving real or | 4501 |
personal property, or both, for the establishment, location, or | 4502 |
expansion of industrial, distribution, commercial, or research | 4503 |
facilities in the state, if the director determines, in the | 4504 |
director's sole discretion, that all of the following apply: | 4505 |
(1) The project is economically sound and will benefit the | 4506 |
people of the state by increasing opportunities for employment, by | 4507 |
strengthening the economy of the state, or expanding minority | 4508 |
business enterprises | 4509 |
(2) The proposed minority business enterprise borrower is | 4510 |
unable to finance the proposed project through ordinary financial | 4511 |
channels at comparable terms | 4512 |
(3) The value of the project is | 4513 |
| 4514 |
expended in the procurement or improvement of the project, and
| 4515 |
4516 | |
governmental entities have loaned not less than thirty per cent | 4517 |
of that amount. | 4518 |
(4) The amount to be loaned by the director will not exceed | 4519 |
sixty per cent of the total amount expended in the procurement or | 4520 |
improvement of the project | 4521 |
(5) The amount to be loaned by the director will be | 4522 |
adequately secured by a first or second mortgage upon the
project | 4523 |
or by mortgages, leases, liens, assignments, or pledges on or of | 4524 |
other property or contracts as the director requires,
and
| 4525 |
such mortgage will not be subordinate to any other liens or | 4526 |
mortgages except the liens securing loans or investments made by | 4527 |
financial institutions referred to in division (A)(3) of this | 4528 |
section, and the liens securing loans previously made by any | 4529 |
financial institution in connection with the procurement or | 4530 |
expansion of all or part of a project. | 4531 |
(B) Any proposed minority business enterprise borrower | 4532 |
submitting an application for assistance under this section shall | 4533 |
not have defaulted on a previous loan from the director, and no | 4534 |
full or limited
partner,
| 4535 |
equity interest of the proposed minority business enterprise | 4536 |
borrower shall have defaulted
on a loan from the director | 4537 |
(C) The proposed minority business enterprise borrower shall | 4538 |
demonstrate to the satisfaction of the director that it is able to | 4539 |
successfully compete in the private sector if it obtains the | 4540 |
necessary financial, technical, or managerial support and that | 4541 |
support is available through the director, the minority business | 4542 |
development office of the department of development, or other | 4543 |
identified and acceptable sources. In determining whether a | 4544 |
minority business enterprise borrower will be able to successfully | 4545 |
compete, the director may give consideration to such factors as | 4546 |
the successful completion of or participation in courses of study, | 4547 |
recognized by the board of regents as providing financial, | 4548 |
technical, or managerial skills related to the operation of the | 4549 |
business, by the economically disadvantaged individual, owner, or | 4550 |
partner, and the prior success of the individual, owner, or | 4551 |
partner in personal, career, or business activities, as well as to | 4552 |
other factors identified by the director. | 4553 |
(D) The director shall not lend funds for the purpose of | 4554 |
procuring or improving motor vehicles, power-driven vehicles, | 4555 |
office equipment, raw materials, small tools, supplies, | 4556 |
inventories, or accounts receivable. | 4557 |
Sec. 122.92. There is hereby created in the department of | 4558 |
development a minority business development division. The | 4559 |
division shall do all of the following: | 4560 |
(A) Provide technical, managerial, and counseling services | 4561 |
and assistance to minority business enterprises; | 4562 |
(B) Provide procurement and bid packaging assistance to | 4563 |
minority business enterprises; | 4564 |
(C) Provide bonding technical assistance to minority | 4565 |
business enterprises; | 4566 |
(D) Participate with other state departments and agencies as | 4567 |
appropriate in developing specific plans and specific program | 4568 |
goals for programs to assist in the establishment and development | 4569 |
of minority business enterprises and establish regular performance | 4570 |
monitoring and reporting systems to ensure that those goals are | 4571 |
being achieved; | 4572 |
(E) Implement state law and policy supporting minority | 4573 |
business enterprise development, and assist in the coordination of | 4574 |
plans, programs, and operations of state government which affect | 4575 |
or may contribute to the establishment, preservation, and | 4576 |
strengthening of minority business enterprises; | 4577 |
(F) Assist in the coordination of activities and resources | 4578 |
of state agencies and local governments, business and trade | 4579 |
associations, universities, foundations, professional | 4580 |
organizations, and volunteer and other groups, to promote the | 4581 |
growth of minority business enterprises; | 4582 |
(G) Establish a center for the development, collection, and | 4583 |
dissemination of information that will be helpful to persons in | 4584 |
establishing or expanding minority business enterprises in this | 4585 |
state; | 4586 |
(H) Design, implement, and assist in experimental and | 4587 |
demonstration projects designed to overcome the special problems | 4588 |
of minority business enterprises; | 4589 |
(I) Coordinate reviews of all proposed state training and | 4590 |
technical assistance activities in direct support of minority | 4591 |
business enterprise programs to ensure consistency with program | 4592 |
goals and to preclude duplication of efforts by other state | 4593 |
agencies; | 4594 |
(J) Recommend appropriate legislative or executive actions | 4595 |
to enhance minority business enterprise opportunities in the | 4596 |
state; | 4597 |
(K) Assist minority business enterprises in obtaining | 4598 |
governmental or commercial financing for business expansion, | 4599 |
establishment of new businesses, or industrial development | 4600 |
projects; | 4601 |
(L) Assist minority business enterprises in contract | 4602 |
procurement from government and commercial sources; | 4603 |
(M) Establish procedures to identify groups who have been | 4604 |
disadvantaged because of racial, cultural, or ethnic circumstances | 4605 |
without regard to the individual qualities of the members of the | 4606 |
group; | 4607 |
(N) Establish procedures to identify persons who have been | 4608 |
economically disadvantaged; | 4609 |
(O) Provide grant assistance to nonprofit entities that | 4610 |
promote economic development, development corporations, community | 4611 |
improvement corporations, and incubator business entities, if the | 4612 |
entities or corporations focus on business, technical, and | 4613 |
financial assistance to minority business enterprises to assist | 4614 |
the enterprises with fixed asset financing; | 4615 |
(P) Do all acts and things necessary or proper to carry out | 4616 |
the powers expressly granted and duties imposed by sections 122.92 | 4617 |
to 122.94 of the Revised Code. | 4618 |
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and | 4619 |
Chapter 145. of the Revised Code, the examinations of applicants | 4620 |
for the positions of deputy mine inspector, superintendent of | 4621 |
rescue stations, assistant superintendent of rescue stations, | 4622 |
electrical inspectors, gas storage well inspector, and mine | 4623 |
chemists in the division of mineral resources management, | 4624 |
department of natural resources, as provided in Chapters 1561., | 4625 |
1563., 1565., and 1567. of the Revised Code shall be provided for, | 4626 |
conducted, and administered by the
| 4627 |
4628 | |
mineral resources management. | 4629 |
From the returns of the examinations the
| 4630 |
chief shall prepare eligible lists of the persons whose general | 4631 |
average standing upon examinations for such grade or class is not | 4632 |
less than the minimum fixed by
| 4633 |
under section 1561.05 of the Revised Code and who are otherwise | 4634 |
eligible. All appointments to a position shall be made from such | 4635 |
eligible list in the same manner as appointments are made from | 4636 |
eligible lists prepared by the director of administrative | 4637 |
services. Any person upon being appointed to fill one of the | 4638 |
positions provided for in this section, from any such eligible | 4639 |
list, shall have the same standing, rights, privileges, and status | 4640 |
as other state employees in the classified service. | 4641 |
Sec. 124.82. (A) Except as provided in division (D) of this | 4642 |
section, the department of administrative services, in | 4643 |
consultation with the superintendent of insurance, shall, in | 4644 |
accordance with competitive selection procedures of Chapter 125. | 4645 |
of the Revised Code, contract with an insurance company or a | 4646 |
health plan in combination with an insurance company, authorized | 4647 |
to do business in this state, for the issuance of a policy or | 4648 |
contract of health, medical, hospital, dental, or surgical | 4649 |
benefits, or any combination
| 4650 |
state employees who are paid directly by warrant of the auditor of | 4651 |
state, including elected state officials. The department may | 4652 |
fulfill its obligation under this division by exercising its | 4653 |
authority under division (A)(2) of section 124.81 of the Revised | 4654 |
Code. | 4655 |
(B) The department may, in addition, in consultation with | 4656 |
the superintendent of insurance, negotiate and contract with | 4657 |
health insuring corporations holding a certificate of authority | 4658 |
under Chapter 1751. of the Revised Code, in their approved service | 4659 |
areas only, for issuance of a contract or contracts of health care | 4660 |
services, covering state employees who are paid directly by | 4661 |
warrant of the auditor of state, including elected state | 4662 |
officials. Except for health insuring corporations, no more than | 4663 |
one insurance carrier or health plan shall be contracted with to | 4664 |
provide the same plan of benefits, provided that: | 4665 |
(1) The amount of the premium or cost for such coverage | 4666 |
contributed by the state, for an individual or for an individual | 4667 |
and the individual's family, does not exceed that same amount of | 4668 |
the premium or cost contributed by the state under division (A) of | 4669 |
this section; | 4670 |
(2) The employee be permitted to exercise the option as to | 4671 |
which plan the employee will select under division (A) or (B) of | 4672 |
this section, at a time that shall be determined by the | 4673 |
department; | 4674 |
(3) The health insuring corporations do not refuse to accept | 4675 |
the employee, or the employee and the employee's family, if the | 4676 |
employee exercises the option to select care provided by the | 4677 |
corporations; | 4678 |
(4) The employee may choose participation in only one of the | 4679 |
plans sponsored by the department; | 4680 |
(5) The director of health examines and certifies to the | 4681 |
department that the quality and adequacy of care rendered by the | 4682 |
health insuring corporations meet at least the standards of care | 4683 |
provided by hospitals and physicians in that employee's community, | 4684 |
who would be providing such care as would be covered by a contract | 4685 |
awarded under division (A) of this section. | 4686 |
(C) All or any portion of the cost, premium, or charge for | 4687 |
the coverage in divisions (A) and (B) of this section may be paid | 4688 |
in such manner or combination of manners as the department | 4689 |
determines and may include the proration of health care costs, | 4690 |
premiums, or charges for part-time employees. | 4691 |
(D) Notwithstanding division (A) of this section, the | 4692 |
department may provide benefits equivalent to those that may be | 4693 |
paid under a policy or contract issued by an insurance company or | 4694 |
a health plan pursuant to division (A) of this section. | 4695 |
(E) This section does not prohibit the state office of | 4696 |
collective bargaining from entering into an agreement with an | 4697 |
employee representative for the purposes of providing fringe | 4698 |
benefits, including, but not limited to, hospitalization, surgical | 4699 |
care, major medical care, disability, dental care, vision care, | 4700 |
medical care, hearing aids, prescription drugs, group life | 4701 |
insurance, sickness and accident insurance, group legal services | 4702 |
or other benefits, or any combination thereof, to employees paid | 4703 |
directly by warrant of the auditor of state through a jointly | 4704 |
administered trust fund. The employer's contribution for the cost | 4705 |
of the benefit care shall be mutually agreed to in the | 4706 |
collectively bargained agreement. The amount, type, and structure | 4707 |
of fringe benefits provided under this division is subject to the | 4708 |
determination of the board of trustees of the jointly administered | 4709 |
trust fund. Notwithstanding any other provision of the Revised | 4710 |
Code, competitive bidding does not apply to the purchase of fringe | 4711 |
benefits for employees under this division when such benefits are | 4712 |
provided through a jointly administered trust fund. | 4713 |
(F) Members of state boards and commissions who are members | 4714 |
of the public employees retirement system may be covered by any | 4715 |
policy, contract, or plan of benefits or services described in | 4716 |
division (A) or (B) of this section if they pay the entire amount | 4717 |
of the premiums, costs, or charges for that coverage. | 4718 |
Sec. 125.22. (A) The department of administrative services | 4719 |
shall establish the central service agency to perform routine | 4720 |
support for the following boards and commissions: | 4721 |
(1) State board of examiners of architects; | 4722 |
(2) Barber board; | 4723 |
(3) State chiropractic board; | 4724 |
(4) State board of cosmetology; | 4725 |
(5) Accountancy board; | 4726 |
(6) State dental board; | 4727 |
(7) State board of optometry; | 4728 |
(8) Ohio occupational therapy, physical therapy, and | 4729 |
athletic trainers board; | 4730 |
(9) State board of registration for professional engineers | 4731 |
and surveyors; | 4732 |
(10) State board of sanitarian registration; | 4733 |
(11) Board of embalmers and funeral directors; | 4734 |
(12) State board of psychology; | 4735 |
(13) Ohio optical dispensers board; | 4736 |
(14) Board of speech pathology and audiology; | 4737 |
(15) Counselor and social worker board; | 4738 |
(16) State veterinary medical licensing board; | 4739 |
(17) Ohio board of dietetics; | 4740 |
(18) Commission on Hispanic-Latino affairs; | 4741 |
(19) Ohio respiratory care board; | 4742 |
(20) Ohio commission on African-American males. | 4743 |
(B)(1) Notwithstanding any other section of the Revised | 4744 |
Code, the agency shall perform the following routine support | 4745 |
services for the boards and commissions named in division (A) of | 4746 |
this section unless the controlling board exempts a board or | 4747 |
commission from this requirement on the recommendation of the | 4748 |
director of administrative services: | 4749 |
(a) Preparing and processing payroll and other personnel | 4750 |
documents; | 4751 |
(b) Preparing and processing vouchers, purchase orders, | 4752 |
encumbrances, and other accounting documents; | 4753 |
(c) Maintaining ledgers of accounts and balances; | 4754 |
(d) Preparing and monitoring budgets and allotment plans in | 4755 |
consultation with the boards and commissions; | 4756 |
(e)
| 4757 |
4758 |
| 4759 |
administrative services considers appropriate to achieve | 4760 |
efficiency. | 4761 |
(2) The agency may perform other services which a board or | 4762 |
commission named in division (A) of this section delegates to the | 4763 |
agency and the agency accepts. | 4764 |
(3) The agency may perform any service for any professional | 4765 |
or occupational licensing board not named in division (A) of this | 4766 |
section or any commission if the board or commission requests such | 4767 |
service and the agency accepts. | 4768 |
(C) The director of administrative services shall be the | 4769 |
appointing authority for the agency. | 4770 |
(D) The agency shall determine the fees to be charged to the | 4771 |
boards and commissions, which shall be in proportion to the | 4772 |
services performed for each board or commission. | 4773 |
(E) Each board or commission named in division (A) of this | 4774 |
section and any other board or commission requesting services from | 4775 |
the agency shall pay these fees to the agency from the general | 4776 |
revenue fund maintenance account of the board or commission or | 4777 |
from such other fund as the operating expenses of the board or | 4778 |
commission are paid. Any amounts set aside for a fiscal year by a | 4779 |
board or commission to allow for the payment of fees shall be used | 4780 |
only for the services performed by the agency in that fiscal year. | 4781 |
All receipts collected by the agency shall be deposited in the | 4782 |
state treasury to the credit of the central service agency fund, | 4783 |
which is hereby created. All expenses incurred by the agency in | 4784 |
performing services for the boards or commissions shall be paid | 4785 |
from the fund. | 4786 |
(F) Nothing in this section shall be construed as a grant of | 4787 |
authority for the central service agency to initiate or deny | 4788 |
personnel or fiscal actions for the boards and commissions. | 4789 |
Sec. 126.11. (A)(1) The director of budget and management | 4790 |
shall, upon consultation with the treasurer of state, coordinate | 4791 |
and approve the scheduling of initial sales of publicly offered | 4792 |
securities of the state and of publicly offered fractionalized | 4793 |
interests in or securitized issues of public obligations of the | 4794 |
state. The director shall from time to time develop and | 4795 |
distribute to state issuers an approved sale schedule for each of | 4796 |
the obligations covered by
| 4797 |
section.
| 4798 |
to those obligations on which the state or a state agency is the | 4799 |
direct obligor or obligor on any backup security or related credit | 4800 |
enhancement facility or source of money subject to state | 4801 |
appropriations that is intended for payment of those obligations. | 4802 |
(2) The issuers of obligations pursuant to section 151.03, | 4803 |
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code | 4804 |
shall submit to the director: | 4805 |
(a) For review and approval: the projected sale date, | 4806 |
amount, and type of obligations proposed to be sold; their | 4807 |
purpose, security, and source of payment; and the proposed | 4808 |
structure and maturity schedule; | 4809 |
(b) For review and comment: the authorizing order or | 4810 |
resolution; preliminary and final offering documents; method of | 4811 |
sale; preliminary and final pricing information; and any written | 4812 |
reports or recommendations of financial advisors or consultants | 4813 |
relating to those obligations; | 4814 |
(c) Promptly after each sale of those obligations: final | 4815 |
terms, including sale price, maturity schedule and yields, and | 4816 |
sources and uses; names of the original purchasers or | 4817 |
underwriters; a copy of the final offering document and of the | 4818 |
transcript of proceedings; and any other pertinent information | 4819 |
requested by the director. | 4820 |
(3) The issuer of obligations pursuant to section 151.06 or | 4821 |
151.08 or
Chapter 154.
| 4822 |
to the director: | 4823 |
(a) For review and mutual agreement: the projected sale | 4824 |
date, amount, and type of obligations proposed to be sold; their | 4825 |
purpose, security, and source of payment; and the proposed | 4826 |
structure and maturity schedule; | 4827 |
(b) For review and comment: the authorizing order or | 4828 |
resolution; preliminary and final offering documents; method of | 4829 |
sale; preliminary and final pricing information; and any written | 4830 |
reports or recommendations of financial advisors or consultants | 4831 |
relating to those obligations; | 4832 |
(c) Promptly after each sale of those obligations: final | 4833 |
terms, including sale price, maturity schedule and yields, and | 4834 |
sources and uses; names of the original purchasers or | 4835 |
underwriters; a copy of the final offering document and of the | 4836 |
transcript of proceedings; and any other pertinent information | 4837 |
requested by the director. | 4838 |
(4) The issuers of obligations pursuant to Chapter 166., | 4839 |
4981., 5540., or 6121., or section 5531.10, of the Revised Code | 4840 |
shall submit to the director: | 4841 |
(a) For review and comment: the projected sale date, amount, | 4842 |
and type of obligations proposed to be sold; the purpose, | 4843 |
security, and source of payment; and preliminary and final | 4844 |
offering documents; | 4845 |
(b) Promptly after each sale of those obligations: final | 4846 |
terms, including a maturity schedule; names of the original | 4847 |
purchasers or underwriters; a copy of the complete continuing | 4848 |
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent | 4849 |
rule as from time to time in effect; and any other pertinent | 4850 |
information requested by the director. | 4851 |
(5) Not later than thirty days after the end of a fiscal | 4852 |
year, each issuer of obligations subject to divisions (A) and (B) | 4853 |
of this section shall submit to the director and to the treasurer | 4854 |
of state a sale plan for the then current fiscal year for each | 4855 |
type of obligation, projecting the amount and term of each | 4856 |
issuance, the method of sale, and the month of sale. | 4857 |
(B) Issuers of obligations pursuant to section 3318.085 or | 4858 |
Chapter
| 4859 |
3737., 5537., 6121., or 6123.
of the Revised Code | 4860 |
4861 | |
4862 | |
director copies of the preliminary and final offering documents | 4863 |
upon their availability if not previously submitted pursuant to | 4864 |
division (A) of this section. | 4865 |
(C) Not later than the first day of January of each year, | 4866 |
every state agency obligated to make payments on outstanding | 4867 |
public obligations with respect to which fractionalized interests | 4868 |
have been publicly issued, such as certificates of participation, | 4869 |
shall submit a report to the director of the amounts payable from | 4870 |
state appropriations under those public obligations during the | 4871 |
then current and next two fiscal years, identifying the | 4872 |
appropriation or intended appropriation from which payment is | 4873 |
expected to be made. | 4874 |
(D)(1) Information relating generally to the historic, | 4875 |
current, or future demographics or economy or financial condition | 4876 |
or funds or general operations of the state, and descriptions of | 4877 |
any state contractual obligations relating to public obligations, | 4878 |
to be contained in any offering document, continuing disclosure | 4879 |
document, or written presentation prepared, approved, or provided, | 4880 |
or committed to be provided, by an issuer in connection with the | 4881 |
original issuance and sale of, or rating, remarketing, or credit | 4882 |
enhancement facilities relating to, public obligations referred to | 4883 |
in division (A) of this section shall be approved as to format and | 4884 |
accuracy by the director before being presented, published, or | 4885 |
disseminated in preliminary, draft, or final form, or publicly | 4886 |
filed in paper, electronic, or other format. | 4887 |
(2) Except for information described in division (D)(1) of | 4888 |
this section that is to be contained in an offering document, | 4889 |
continuing disclosure document, or written presentation, division | 4890 |
(D)(1) of this section does not inhibit direct communication | 4891 |
between an issuer and a rating agency, remarketing agent, or | 4892 |
credit enhancement provider concerning an issuance of public | 4893 |
obligations referred to in division (A) of this section or matters | 4894 |
associated with that issuance. | 4895 |
(3) The materials approved and provided pursuant to division | 4896 |
(D) of this section are the information relating to the particular | 4897 |
subjects provided by the state or state agencies that are required | 4898 |
or contemplated by any applicable state or federal securities laws | 4899 |
and any commitments by the state or state agencies made under | 4900 |
those laws. Reliance for the purpose should not be placed on any | 4901 |
other information publicly provided, in any format including | 4902 |
electronic, by any state agency for other purposes, including | 4903 |
general information provided to the public or to portions of the | 4904 |
public. A statement to that effect shall be included in those | 4905 |
materials so approved or provided. | 4906 |
(E) Issuers of obligations referred to in division (A) of | 4907 |
this section may take steps, by formal agreement, covenants in the | 4908 |
proceedings, or otherwise, as may be necessary or appropriate to | 4909 |
comply or permit compliance with applicable lawful disclosure | 4910 |
requirements relating to those obligations, and may, subject to | 4911 |
division (D) of this section, provide, make available, or file | 4912 |
copies of any required disclosure materials as necessary or | 4913 |
appropriate. Any such formal agreement or covenant relating to | 4914 |
subjects referred to in division (D) of this section, and any | 4915 |
description of that agreement or covenant to be contained in any | 4916 |
offering document, shall be approved by the director before being | 4917 |
entered into or published or publicly disseminated in preliminary, | 4918 |
draft, or final form or publicly filed in paper, electronic, or | 4919 |
other format. The director shall be responsible for making all | 4920 |
filings in compliance with those requirements relating to direct | 4921 |
obligations of the state, including fractionalized interests in | 4922 |
those obligations. | 4923 |
(F) No state agency or official shall, without the approval | 4924 |
of the director of budget and management, do either of the | 4925 |
following: | 4926 |
(1) Enter into or commit to enter into a public obligation | 4927 |
under which fractionalized interests in the payments are to be | 4928 |
publicly offered, which payments are anticipated to be made from | 4929 |
money from any source appropriated or to be appropriated by the | 4930 |
general assembly or in which the provision stated in section 9.94 | 4931 |
of the Revised Code is not included; | 4932 |
(2) Except as otherwise expressly authorized for the purpose | 4933 |
by law, agree or commit to provide, from money from any source to | 4934 |
be appropriated in the future by the general assembly, financial | 4935 |
assistance to or participation in the costs of capital facilities, | 4936 |
or the payment of debt charges, directly or by way of a credit | 4937 |
enhancement facility, a reserve, rental payments, or otherwise, on | 4938 |
obligations issued to pay costs of capital facilities. | 4939 |
(G) As used in this section, "credit enhancement | 4940 |
facilities," "debt charges," "fractionalized interests in public | 4941 |
obligations," "obligor," "public issuer," and "securities" have | 4942 |
the same meanings as in section 133.01 of the Revised Code; | 4943 |
"public obligation" has the same meaning as in division (GG)(2) of | 4944 |
section 133.01 of the Revised Code; "obligations" means securities | 4945 |
or public obligations or fractionalized interests in them; | 4946 |
"issuers" means issuers of securities or state obligors on public | 4947 |
obligations; "offering document" means an official statement, | 4948 |
offering circular, private placement memorandum, or prospectus, or | 4949 |
similar document; and "director" means the director of budget and | 4950 |
management or the employee of the office of budget and management | 4951 |
designated by the director for the purpose. | 4952 |
Sec. 126.21. (A) The director of budget and management | 4953 |
shall do all of the following: | 4954 |
(1) Keep all necessary accounting records; | 4955 |
(2) Prescribe and maintain the accounting system of the | 4956 |
state and establish appropriate accounting procedures and charts | 4957 |
of accounts; | 4958 |
(3) Establish procedures for the use of written, electronic, | 4959 |
optical, or other communications media for approving payment | 4960 |
vouchers; | 4961 |
(4) Reconcile, in the case of any variation between the | 4962 |
amount of any appropriation and the aggregate amount of items of | 4963 |
the appropriation, with the advice and assistance of the state | 4964 |
agency
affected by it and the
| 4965 |
legislative service commission, totals so as to correspond in the | 4966 |
aggregate with the total appropriation. In the case of a conflict | 4967 |
between the item and the total of which it is a part, the item | 4968 |
shall be considered the intended appropriation. | 4969 |
(5) Evaluate on an ongoing basis and, if necessary, | 4970 |
recommend improvements to the internal controls used in state | 4971 |
agencies; | 4972 |
(6) Authorize the establishment of petty cash accounts. The | 4973 |
director of budget and management may withdraw approval for any | 4974 |
petty cash account and require the officer in charge to return to | 4975 |
the state treasury any unexpended balance shown by the officer's | 4976 |
accounts to be on hand. Any officer who is issued a warrant for | 4977 |
petty cash shall render a detailed account of the expenditures of | 4978 |
the petty cash and shall report when requested the balance of | 4979 |
petty cash on hand at any time. | 4980 |
(7) Process orders, invoices, vouchers, claims, and payrolls | 4981 |
and prepare financial reports and statements; | 4982 |
(8) Perform extensions, reviews, and compliance checks prior | 4983 |
to approving a payment as the director considers necessary; | 4984 |
(9) Issue the official comprehensive annual financial report | 4985 |
of the state. The report shall cover all funds
| 4986 |
of the state reporting entity and shall include
| 4987 |
basic financial statements and required supplementary information | 4988 |
prepared in accordance with generally accepted accounting | 4989 |
principles and other information as the director provides. All | 4990 |
state agencies, authorities, institutions, offices, retirement | 4991 |
systems, and other component units of the state reporting entity | 4992 |
as determined by the director shall furnish the director whatever | 4993 |
financial statements and other information the director requests | 4994 |
for the report, in the form, at the times, covering the periods, | 4995 |
and with the attestation the director prescribes. The information | 4996 |
for state institutions of higher education, as defined in section | 4997 |
3345.011 of the Revised Code, shall be submitted to the director | 4998 |
by the Ohio board of regents. The board shall establish a due | 4999 |
date by which each such institution shall submit the information | 5000 |
to the board, but no such date shall be later than one hundred | 5001 |
twenty days after the end of the state fiscal year unless a later | 5002 |
date is approved by the director. | 5003 |
(B) In addition to the director's duties under division (A) | 5004 |
of this section, the director of budget and management may | 5005 |
establish and administer one or more state payment card programs | 5006 |
that permit or require state agencies to use a payment card to | 5007 |
purchase equipment, materials, supplies, or services in accordance | 5008 |
with guidelines issued by the director. The director may contract | 5009 |
with one or more vendors to provide the payment cards and payment | 5010 |
card services. State agencies may only participate in state | 5011 |
payment card programs that the director establishes pursuant to | 5012 |
this section. | 5013 |
Sec. 127.16. (A) Upon the request of either a state agency | 5014 |
or the director of budget and management and after the controlling | 5015 |
board determines that an emergency or a sufficient economic reason | 5016 |
exists, the controlling board may approve the making of a purchase | 5017 |
without competitive selection as provided in division (B) of this | 5018 |
section. | 5019 |
(B) Except as otherwise provided in this section, no state | 5020 |
agency, using money that has been appropriated to it directly, | 5021 |
shall: | 5022 |
(1) Make any purchase from a particular supplier, that would | 5023 |
amount to fifty thousand dollars or more when combined with both | 5024 |
the amount of all disbursements to the supplier during the fiscal | 5025 |
year for purchases made by the agency and the amount of all | 5026 |
outstanding encumbrances for purchases made by the agency from the | 5027 |
supplier, unless the purchase is made by competitive selection or | 5028 |
with the approval of the controlling board; | 5029 |
(2) Lease real estate from a particular supplier, if the | 5030 |
lease would amount to seventy-five thousand dollars or more when | 5031 |
combined with both the amount of all disbursements to the supplier | 5032 |
during the fiscal year for real estate leases made by the agency | 5033 |
and the amount of all outstanding encumbrances for real estate | 5034 |
leases made by the agency from the supplier, unless the lease is | 5035 |
made by competitive selection or with the approval of the | 5036 |
controlling board. | 5037 |
(C) Any person who authorizes a purchase in violation of | 5038 |
division (B) of this section shall be liable to the state for any | 5039 |
state funds spent on the purchase, and the attorney general shall | 5040 |
collect the amount from the person. | 5041 |
(D) Nothing in division (B) of this section shall be | 5042 |
construed as: | 5043 |
(1) A limitation upon the authority of the director of | 5044 |
transportation as granted in sections 5501.17, 5517.02, and | 5045 |
5525.14 of the Revised Code; | 5046 |
(2) Applying to medicaid provider agreements under Chapter | 5047 |
5111. of the Revised Code or payments or provider agreements under | 5048 |
disability assistance medical assistance established under Chapter | 5049 |
5115. of the Revised Code; | 5050 |
(3) Applying to the purchase of examinations from a sole | 5051 |
supplier by a state licensing board under Title XLVII of the | 5052 |
Revised Code; | 5053 |
(4) Applying to entertainment contracts for the Ohio state | 5054 |
fair entered into by the Ohio expositions commission, provided | 5055 |
that the controlling board has given its approval to the | 5056 |
commission to enter into such contracts and has approved a total | 5057 |
budget amount for such contracts as agreed upon by commission | 5058 |
action, and that the commission causes to be kept itemized records | 5059 |
of the amounts of money spent under each contract and annually | 5060 |
files those records with the clerk of the house of representatives | 5061 |
and the clerk of the senate following the close of the fair; | 5062 |
(5) Limiting the authority of the chief of the division of | 5063 |
mineral resources management to contract for reclamation work with | 5064 |
an operator mining adjacent land as provided in section 1513.27 of | 5065 |
the Revised Code; | 5066 |
(6) Applying to investment transactions and procedures of | 5067 |
any state agency, except that the agency shall file with the board | 5068 |
the name of any person with whom the agency contracts to make, | 5069 |
broker, service, or otherwise manage its investments, as well as | 5070 |
the commission, rate, or schedule of charges of such person with | 5071 |
respect to any investment transactions to be undertaken on behalf | 5072 |
of the agency. The filing shall be in a form and at such times as | 5073 |
the board considers appropriate. | 5074 |
(7) Applying to purchases made with money for the per cent | 5075 |
for arts program established by section 3379.10 of the Revised | 5076 |
Code; | 5077 |
(8) Applying to purchases made by the rehabilitation | 5078 |
services commission of services, or supplies, that are provided to | 5079 |
persons with disabilities, or to purchases made by the commission | 5080 |
in connection with the eligibility determinations it makes for | 5081 |
applicants of programs administered by the social security | 5082 |
administration; | 5083 |
(9) Applying to payments by the department of job and family | 5084 |
services under section 5111.13 of the Revised Code for group | 5085 |
health plan premiums, deductibles, coinsurance, and other | 5086 |
cost-sharing expenses; | 5087 |
(10) Applying to any agency of the legislative branch of the | 5088 |
state government; | 5089 |
(11) Applying to agreements or contracts entered into under | 5090 |
section 5101.11, 5101.21, or 5101.211 of the Revised Code; | 5091 |
(12) Applying to purchases of services by the adult parole | 5092 |
authority under section 2967.14 of the Revised Code or by the | 5093 |
department of youth services under section 5139.08 of the Revised | 5094 |
Code; | 5095 |
(13) Applying to dues or fees paid for membership in an | 5096 |
organization or association; | 5097 |
(14) Applying to purchases of utility services pursuant to | 5098 |
section 9.30 of the Revised Code; | 5099 |
(15) Applying to purchases made in accordance with rules | 5100 |
adopted by the department of administrative services of motor | 5101 |
vehicle, aviation, or watercraft fuel, or emergency repairs of | 5102 |
such vehicles; | 5103 |
(16) Applying to purchases of tickets for passenger air | 5104 |
transportation; | 5105 |
(17) Applying to purchases necessary to provide public | 5106 |
notifications required by law or to provide notifications of job | 5107 |
openings; | 5108 |
(18) Applying to the judicial branch of state government; | 5109 |
(19) Applying to purchases of liquor for resale by the | 5110 |
division of liquor control; | 5111 |
(20) Applying to purchases of motor courier and freight | 5112 |
services made in accordance with department of administrative | 5113 |
services rules; | 5114 |
(21) Applying to purchases from the United States postal | 5115 |
service and purchases of stamps and postal meter replenishment | 5116 |
from vendors at rates established by the United States postal | 5117 |
service; | 5118 |
(22) Applying to purchases of books, periodicals, pamphlets, | 5119 |
newspapers, maintenance subscriptions, and other published | 5120 |
materials; | 5121 |
(23) Applying to purchases from other state agencies, | 5122 |
including state-assisted institutions of higher education; | 5123 |
(24) Limiting the authority of the director of environmental | 5124 |
protection to enter into contracts under division (D) of section | 5125 |
3745.14 of the Revised Code to conduct compliance reviews, as | 5126 |
defined in division (A) of that section; | 5127 |
(25) Applying to purchases from a qualified nonprofit agency | 5128 |
pursuant to sections 4115.31 to 4115.35 of the Revised Code; | 5129 |
(26) Applying to payments by the department of job and | 5130 |
family services to the United States department of health and | 5131 |
human services for printing and mailing notices pertaining to the | 5132 |
tax refund offset program of the internal revenue service of the | 5133 |
United States department of the treasury; | 5134 |
(27) Applying to contracts entered into by the department of | 5135 |
mental retardation and developmental disabilities under sections | 5136 |
5123.18, 5123.182, and 5111.252 of the Revised Code; | 5137 |
(28) Applying to payments made by the department of mental | 5138 |
health under a physician recruitment program authorized by section | 5139 |
5119.101 of the Revised Code; | 5140 |
(29) Applying to contracts entered into with persons by the | 5141 |
director of commerce for unclaimed funds collection and remittance | 5142 |
efforts as provided in division (F) of section 169.03 of the | 5143 |
Revised Code. The director shall keep an itemized accounting of | 5144 |
unclaimed funds collected by those persons and amounts paid to | 5145 |
them for their services. | 5146 |
(30) Applying to purchases made by a state institution of | 5147 |
higher education in accordance with the terms of a contract | 5148 |
between the vendor and an inter-university purchasing group | 5149 |
comprised of purchasing officers of state institutions of higher | 5150 |
education; | 5151 |
(31) Applying to the department of job and family services' | 5152 |
purchases of health assistance services under the children's | 5153 |
health insurance program part I provided for under section 5101.50 | 5154 |
of the Revised Code or the children's health insurance program | 5155 |
part II provided for under section 5101.51 of the Revised Code; | 5156 |
(32) Applying to payments by the attorney general from the | 5157 |
reparations fund to hospitals and other emergency medical | 5158 |
facilities for performing medical examinations to collect physical | 5159 |
evidence pursuant to section 2907.28 of the Revised Code. | 5160 |
(E) Notwithstanding division (B)(1) of this section, the | 5161 |
cumulative purchase threshold shall be seventy-five thousand | 5162 |
dollars for the departments of mental retardation and | 5163 |
developmental disabilities, mental health, rehabilitation and | 5164 |
correction, and youth services. | 5165 |
(F) When determining whether a state agency has reached the | 5166 |
cumulative purchase thresholds established in divisions (B)(1), | 5167 |
(B)(2), and (E) of this section, all of the following purchases by | 5168 |
such agency shall not be considered: | 5169 |
(1) Purchases made through competitive selection or with | 5170 |
controlling board approval; | 5171 |
(2) Purchases listed in division (D) of this section; | 5172 |
(3) For the purposes of the thresholds of divisions (B)(1) | 5173 |
and (E) of this section only, leases of real estate. | 5174 |
(G) As used in this section, "competitive selection," | 5175 |
"purchase," "supplies," and "services" have the same meanings as | 5176 |
in section 125.01 of the Revised Code. | 5177 |
Sec. 131.01. As used in Chapters 113., 117., 123., 124., | 5178 |
125., 126., 127., and 131. of the Revised Code, and any statute | 5179 |
that uses the terms in connection with state accounting or | 5180 |
budgeting: | 5181 |
(A) "Account" means any record, element, or summary in which | 5182 |
financial transactions are identified and recorded as debit or | 5183 |
credit transactions in order to summarize items of a similar | 5184 |
nature or classification. | 5185 |
(B) "Accounting procedure" means the arrangement of all | 5186 |
processes which discover, record, and summarize financial | 5187 |
information to produce financial statements and reports and to | 5188 |
provide internal control. | 5189 |
(C) "Accounting system" means the total structure of records | 5190 |
and procedures which discover, record, classify, and report | 5191 |
information on the financial position and operations of a | 5192 |
governmental unit or any of its funds | 5193 |
and organizational components. | 5194 |
(D) "Allocation" means a portion of an appropriation which is | 5195 |
designated for expenditure by specific organizational units or for | 5196 |
special purposes, activities, or objects that do not relate to a | 5197 |
period of time. | 5198 |
(E) "Allotment" means all or part of an appropriation which | 5199 |
may be encumbered or expended within a specific period of time. | 5200 |
(F) "Appropriation" means an authorization granted by the | 5201 |
general assembly to make expenditures and to incur obligations for | 5202 |
specific purposes. | 5203 |
(G) "Assets" means resources owned, controlled, or otherwise | 5204 |
used or held by the state which have monetary value. | 5205 |
(H) "Budget" means the plan of financial operation embodying | 5206 |
an estimate of proposed expenditures and obligations for a given | 5207 |
period and the proposed means of financing them. | 5208 |
(I) "Direct deposit" is a form of electronic funds transfer | 5209 |
in which money is electronically deposited into the account of a | 5210 |
person or entity at a financial institution. | 5211 |
(J) "Disbursement" means a payment made for any purpose. | 5212 |
(K) "Electronic benefit transfer" means the electronic | 5213 |
delivery of benefits through automated teller machines, point of | 5214 |
sale terminals, or other electronic media pursuant to section | 5215 |
5101.33 of the Revised Code. | 5216 |
(L) "Electronic funds transfer" means the electronic movement | 5217 |
of funds via automated clearing house or wire transfer. | 5218 |
(M) "Encumbrancing document" means a document reserving all | 5219 |
or part of an appropriation. | 5220 |
(N) "Expenditure" means a reduction of the balance of an | 5221 |
appropriation after legal requirements have been met. | 5222 |
(O) "Fund" means an independent fiscal and accounting entity | 5223 |
with a self-balancing set of accounts recording cash or other | 5224 |
resources, together with all related liabilities, obligations, | 5225 |
reserves, and fund balances which are segregated for the purpose | 5226 |
of carrying on specific activities or attaining certain objectives | 5227 |
in accordance with special rules, restrictions, or limitations. | 5228 |
(P) "Lapse" means the automatic termination of an | 5229 |
appropriation at the end of the fiscal period for which it was | 5230 |
appropriated. | 5231 |
(Q) "Reappropriation" means an appropriation of a previous | 5232 |
appropriation that is continued in force in a succeeding | 5233 |
appropriation period. "Reappropriation" shall be equated with and | 5234 |
incorporated in the term "appropriation." | 5235 |
(R) "Voucher" means the document used to transmit a claim for | 5236 |
payment and evidentiary matter related to the claim. | 5237 |
(S) "Warrant" means an order drawn upon the treasurer of | 5238 |
state by the auditor of state directing the treasurer of state to | 5239 |
pay a specified amount, including an order to make a lump-sum | 5240 |
payment to a financial institution for the transfer of funds by | 5241 |
direct deposit or the drawdown of funds by electronic benefit | 5242 |
transfer, and the resulting electronic transfer to or by the | 5243 |
ultimate payees. | 5244 |
The terms defined in this section shall be used, on all | 5245 |
accounting forms, reports, formal rules, and budget requests | 5246 |
produced by a state agency, only as defined in this section. | 5247 |
Sec. 133.021. The general assembly hereby finds and declares | 5248 |
that the "Tax Reform Act of 1986" (the "Act") establishes a | 5249 |
unified volume ceiling on the aggregate amount of private activity | 5250 |
bonds which can be issued in each state. The unified volume | 5251 |
ceiling is the product of seventy-five dollars multiplied by the | 5252 |
state population in 1987 and fifty dollars multiplied by the state | 5253 |
population in each succeeding calendar year. | 5254 |
The general assembly further finds and declares that the Act | 5255 |
requires the state to allocate its volume ceiling according to a | 5256 |
specified formula unless a different procedure is established by | 5257 |
the governor or general assembly. | 5258 |
The general assembly further finds and declares that pursuant | 5259 |
to authorization of state legislation the general assembly has, by | 5260 |
division (D)(3) of section 133.02 of the Revised Code, effective | 5261 |
October 30, 1989, provided for delegating such function to the | 5262 |
governor and for further delegation as therein provided, subject | 5263 |
to such prospectively effective actions as may subsequently be | 5264 |
taken by the general assembly. | 5265 |
The general assembly further finds and declares that it | 5266 |
desires to by legislation provide for an efficient, effective, and | 5267 |
equitable procedure under which the state will allocate the | 5268 |
unified volume ceiling. | 5269 |
The general assembly therefore finds and declares that it is | 5270 |
necessary to create the joint select committee on volume cap to | 5271 |
create a process for the allocation of the unified volume ceiling. | 5272 |
(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal | 5273 |
Revenue Code, which provides that a state may by law provide a | 5274 |
different formula for allocating the state ceiling, there is | 5275 |
hereby created the joint select committee on volume cap to provide | 5276 |
for the allocation and the reallocation of the unified volume | 5277 |
ceiling among the governmental units (or other authorities) in the | 5278 |
state having authority to issue tax exempt private activity bonds. | 5279 |
(B) The committee shall consist of eight members. Two | 5280 |
members shall be from the house of representatives appointed by | 5281 |
the speaker of the house of representatives; two members shall be | 5282 |
from the senate appointed by the president of the senate; and four | 5283 |
members shall be appointed by the governor. Each member shall be | 5284 |
selected for
| 5285 |
tax exempt private activity bonds. The members shall serve at the | 5286 |
pleasure of the appointing authority. A vacancy shall be filled | 5287 |
in the same manner as the original appointment. | 5288 |
(C) The purpose of the committee shall be to maximize the | 5289 |
economic benefits of the unified volume ceiling to all citizens of | 5290 |
the state. To this end, the joint select committee on volume cap | 5291 |
shall: | 5292 |
(1)
| 5293 |
5294 | |
5295 |
| 5296 |
5297 |
| 5298 |
5299 |
| 5300 |
reallocation and carry forward of the state's unified volume | 5301 |
ceiling in accordance with the Act; | 5302 |
| 5303 |
the unified volume ceiling which are designed to maximize the | 5304 |
availability of tax exempt private activity bonds among competing | 5305 |
sectors of the state. | 5306 |
(D) To provide for the orderly and prompt issuance of | 5307 |
private activity bonds, the committee is authorized to allocate | 5308 |
the unified volume ceiling among those governmental units (or | 5309 |
other authorities) in the state having authority to issue tax | 5310 |
exempt private activity bonds. The committee shall reserve a | 5311 |
portion of the unified volume ceiling to be allocated for | 5312 |
multi-family rental housing projects. The committee in | 5313 |
determination of unified volume ceiling allocations and | 5314 |
reallocations shall consider the following: | 5315 |
(1) The interest of the state with regard to long-term | 5316 |
economic development, housing, education, redevelopment, and solid | 5317 |
waste management; | 5318 |
(2) The projected increase of jobs in the state; | 5319 |
(3) The needs of political subdivisions. | 5320 |
(E) The director of development shall adopt rules in | 5321 |
accordance with Chapter 119. of the Revised Code to carry out the | 5322 |
purposes of this section. | 5323 |
Sec. 133.06. (A) A school district shall not incur, without | 5324 |
a vote of the electors, net indebtedness that exceeds an amount | 5325 |
equal to one-tenth of one per cent of its tax valuation, except as | 5326 |
provided in divisions (G) and (H) of this section and in division | 5327 |
(C) of section 3313.372 of the Revised Code, or as prescribed in | 5328 |
section 3318.052 of the Revised Code. | 5329 |
(B) Except as provided in divisions (E)
| 5330 |
this section, a school district shall not incur net indebtedness | 5331 |
that exceeds an amount equal to nine per cent of its tax | 5332 |
valuation. | 5333 |
(C) A school district shall not submit to a vote of the | 5334 |
electors the question of the issuance of securities in an amount | 5335 |
that will make the district's net indebtedness after the issuance | 5336 |
of the securities exceed an amount equal to four per cent of its | 5337 |
tax valuation, unless the superintendent of public instruction, | 5338 |
acting under policies adopted by the state board of education, and | 5339 |
the tax commissioner, acting under written policies of the | 5340 |
commissioner, consent to the submission. A request for the | 5341 |
consents shall be made at least thirty days prior to the election | 5342 |
at which the question is to be submitted, except that the | 5343 |
superintendent of public instruction and the tax commissioner may | 5344 |
waive this thirty-day deadline or grant their consents after the | 5345 |
election if the school district shows good cause for such waiver | 5346 |
or consent after the election. | 5347 |
(D) In calculating the net indebtedness of a school | 5348 |
district, none of the following shall be considered: | 5349 |
(1) Securities issued to acquire school buses and other | 5350 |
equipment used in transporting pupils or issued pursuant to | 5351 |
division (D) of section 133.10 of the Revised Code; | 5352 |
(2) Securities issued under division (F) of this section, | 5353 |
under section 133.301 of the Revised Code, and, to the extent in | 5354 |
excess of the limitation stated in division (B) of this section, | 5355 |
under division (E) of this section; | 5356 |
(3) Indebtedness resulting from the dissolution of a joint | 5357 |
vocational school district under section 3311.217 of the Revised | 5358 |
Code, evidenced by outstanding securities of that joint vocational | 5359 |
school district; | 5360 |
(4) Loans, evidenced by any securities, received under | 5361 |
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the | 5362 |
Revised Code; | 5363 |
(5) Debt incurred under section 3313.374 of the Revised | 5364 |
Code; | 5365 |
(6) Debt incurred pursuant to division (B)(5) of section | 5366 |
3313.37 of the Revised Code to acquire computers and related | 5367 |
hardware; | 5368 |
(7) Debt incurred under section 3318.041 of the Revised | 5369 |
Code. | 5370 |
(E) A school district may become a special needs district as | 5371 |
to certain securities as provided in division (E) of this section. | 5372 |
(1) A board of education, by resolution, may declare its | 5373 |
school district to be a special needs district by determining both | 5374 |
of the following: | 5375 |
(a) The student population is not being adequately serviced | 5376 |
by the existing permanent improvements of the district. | 5377 |
(b) The district cannot obtain sufficient funds by the | 5378 |
issuance of securities within the limitation of division (B) of | 5379 |
this section to provide additional or improved needed permanent | 5380 |
improvements in time to meet the needs. | 5381 |
(2) The board of education shall certify a copy of that | 5382 |
resolution to the superintendent of public instruction with a | 5383 |
statistical report showing all of the following: | 5384 |
(a) A history of and a projection of the growth of the | 5385 |
student population; | 5386 |
(b) The history of and a projection of the growth of the tax | 5387 |
valuation; | 5388 |
(c) The projected needs; | 5389 |
(d) The estimated cost of permanent improvements proposed to | 5390 |
meet such projected needs. | 5391 |
(3) The superintendent of public instruction shall certify | 5392 |
the district as an approved special needs district if the | 5393 |
superintendent finds both of the following: | 5394 |
(a) The district does not have available sufficient | 5395 |
additional funds from state or federal sources to meet the | 5396 |
projected needs. | 5397 |
(b) The projection of the potential average growth of tax | 5398 |
valuation during the next five years, according to the information | 5399 |
certified to the superintendent and any other information the | 5400 |
superintendent obtains, indicates a likelihood of potential | 5401 |
average growth of tax valuation of the district during the next | 5402 |
five years of an average of not less than three per cent per year. | 5403 |
The findings and certification of the superintendent shall be | 5404 |
conclusive. | 5405 |
(4) An approved special needs district may incur net | 5406 |
indebtedness by the issuance of securities in accordance with the | 5407 |
provisions of this chapter in an amount that does not exceed an | 5408 |
amount equal to the greater of the following: | 5409 |
(a) Nine per cent of the sum of its tax valuation plus an | 5410 |
amount that is the product of multiplying that tax valuation by | 5411 |
the percentage by which the tax valuation has increased over the | 5412 |
tax valuation on the first day of the sixtieth month preceding the | 5413 |
month in which its board determines to submit to the electors the | 5414 |
question of issuing the proposed securities; | 5415 |
(b) Nine per cent of the sum of its tax valuation plus an | 5416 |
amount that is the product of multiplying that tax valuation by | 5417 |
the percentage, determined by the superintendent of public | 5418 |
instruction, by which that tax valuation is projected to increase | 5419 |
during the next ten years. | 5420 |
(F) A school district may issue securities for emergency | 5421 |
purposes, in a principal amount that does not exceed an amount | 5422 |
equal to three per cent of its tax valuation, as provided in this | 5423 |
division. | 5424 |
(1) A board of education, by resolution, may declare an | 5425 |
emergency if it determines both of the following: | 5426 |
(a) School buildings or other necessary school facilities in | 5427 |
the district have been wholly or partially destroyed, or condemned | 5428 |
by a constituted public authority, or that such buildings or | 5429 |
facilities are partially constructed, or so constructed or planned | 5430 |
as to require additions and improvements to them before the | 5431 |
buildings or facilities are usable for their intended purpose, or | 5432 |
that corrections to permanent improvements are necessary to remove | 5433 |
or prevent health or safety hazards. | 5434 |
(b) Existing fiscal and net indebtedness limitations make | 5435 |
adequate replacement, additions, or improvements impossible. | 5436 |
(2) Upon the declaration of an emergency, the board of | 5437 |
education may, by resolution, submit to the electors of the | 5438 |
district pursuant to section 133.18 of the Revised Code the | 5439 |
question of issuing securities for the purpose of paying the cost, | 5440 |
in excess of any insurance or condemnation proceeds received by | 5441 |
the district, of permanent improvements to respond to the | 5442 |
emergency need. | 5443 |
(3) The procedures for the election shall be as provided in | 5444 |
section 133.18 of the Revised Code, except that: | 5445 |
(a) The form of the ballot shall describe the emergency | 5446 |
existing, refer to this division as the authority under which the | 5447 |
emergency is declared, and state that the amount of the proposed | 5448 |
securities exceeds the limitations prescribed by division (B) of | 5449 |
this section; | 5450 |
(b) The resolution required by division (B) of section | 5451 |
133.18 of the Revised Code shall be certified to the county | 5452 |
auditor and the board of elections at least seventy-five days | 5453 |
prior to the election; | 5454 |
(c) The county auditor shall advise and, not later than | 5455 |
sixty-five days before the election, confirm that advice by | 5456 |
certification to, the board of education of the information | 5457 |
required by division (C) of section 133.18 of the Revised Code; | 5458 |
(d) The board of education shall then certify its resolution | 5459 |
and the information required by division (D) of section 133.18 of | 5460 |
the Revised Code to the board of elections not less than sixty | 5461 |
days prior to the election. | 5462 |
(4) Notwithstanding division (B) of section 133.21 of the | 5463 |
Revised Code, the first principal payment of securities issued | 5464 |
under this division may be set at any date not later than sixty | 5465 |
months after the earliest possible principal payment otherwise | 5466 |
provided for in that division. | 5467 |
(G) The board of education may contract with an architect, | 5468 |
professional engineer, or other person experienced in the design | 5469 |
and implementation of energy conservation measures for an analysis | 5470 |
and recommendations pertaining to installations, modifications of | 5471 |
installations, or remodeling that would significantly reduce | 5472 |
energy consumption in buildings owned by the district. The report | 5473 |
shall include estimates of all costs of such installations, | 5474 |
modifications, or remodeling, including costs of design, | 5475 |
engineering, installation, maintenance, repairs, and debt service, | 5476 |
and estimates of the amounts by which energy consumption and | 5477 |
resultant operational and maintenance costs, as defined by the | 5478 |
Ohio school facilities commission, would be reduced. | 5479 |
If the board finds after receiving the report that the amount | 5480 |
of money the district would spend on such installations, | 5481 |
modifications, or remodeling is not likely to exceed the amount of | 5482 |
money it would save in energy and resultant operational and | 5483 |
maintenance costs over the ensuing fifteen years, the board may | 5484 |
submit to the commission a copy of its findings and a request for | 5485 |
approval to incur indebtedness to finance the making or | 5486 |
modification of installations or the remodeling of buildings for | 5487 |
the purpose of significantly reducing energy consumption. | 5488 |
If the commission determines that the board's findings are | 5489 |
reasonable, it shall approve the board's request. Upon receipt of | 5490 |
the commission's approval, the district may issue securities | 5491 |
without a vote of the electors in a principal amount not to exceed | 5492 |
nine-tenths of one per cent of its tax valuation for the purpose | 5493 |
of making such installations, modifications, or remodeling, but | 5494 |
the total net indebtedness of the district without a vote of the | 5495 |
electors incurred under this and all other sections of the Revised | 5496 |
Code shall not exceed one per cent of the district's tax | 5497 |
valuation. | 5498 |
So long as any securities issued under division (G) of this | 5499 |
section remain outstanding, the board of education shall monitor | 5500 |
the energy consumption and resultant operational and maintenance | 5501 |
costs of buildings in which installations or modifications have | 5502 |
been made or remodeling has been done pursuant to division (G) of | 5503 |
this section and shall maintain and annually update a report | 5504 |
documenting the reductions in energy consumption and resultant | 5505 |
operational and maintenance cost savings attributable to such | 5506 |
installations, modifications, or remodeling. The report shall be | 5507 |
certified by an architect or engineer independent of any person | 5508 |
that provided goods or services to the board in connection with | 5509 |
the energy conservation measures that are the subject of the | 5510 |
report. The resultant operational and maintenance cost savings | 5511 |
shall be certified by the school district treasurer. The report | 5512 |
shall be made available to the commission upon request. | 5513 |
(H) With the consent of the superintendent of public | 5514 |
instruction, a school district may incur without a vote of the | 5515 |
electors net indebtedness that exceeds the amounts stated in | 5516 |
divisions (A) and (G) of this section for the purpose of paying | 5517 |
costs of permanent improvements, if and to the extent that both of | 5518 |
the following conditions are satisfied: | 5519 |
(1) The fiscal officer of the school district estimates that | 5520 |
receipts of the school district from payments made under or | 5521 |
pursuant to agreements entered into pursuant to section 725.02, | 5522 |
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 5523 |
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 5524 |
Code, or distributions under division (C) of section 5709.43 of | 5525 |
the Revised Code, or any combination thereof, are, after | 5526 |
accounting for any appropriate coverage requirements, sufficient | 5527 |
in time and amount, and are committed by the proceedings, to pay | 5528 |
the debt charges on the securities issued to evidence that | 5529 |
indebtedness and payable from those receipts, and the taxing | 5530 |
authority of the district confirms the fiscal officer's estimate, | 5531 |
which confirmation is approved by the superintendent of public | 5532 |
instruction; | 5533 |
(2) The fiscal officer of the school district certifies, and | 5534 |
the taxing authority of the district confirms, that the district, | 5535 |
at the time of the certification and confirmation, reasonably | 5536 |
expects to have sufficient revenue available for the purpose of | 5537 |
operating such permanent improvements for their intended purpose | 5538 |
upon acquisition or completion thereof, and the superintendent of | 5539 |
public instruction approves the taxing authority's confirmation. | 5540 |
The maximum maturity of securities issued under division (H) | 5541 |
of this section shall be the lesser of twenty years or the maximum | 5542 |
maturity calculated under section 133.20 of the Revised Code. | 5543 |
(I) A school district may incur net indebtedness by the | 5544 |
issuance of securities in accordance with the provisions of this | 5545 |
chapter in excess of the limit specified in division (B) of this | 5546 |
section when necessary to raise the school district portion of the | 5547 |
basic project cost pursuant to Chapter 3318. of the Revised Code. | 5548 |
The school facilities commission shall notify the superintendent | 5549 |
of public instruction whenever a school district will exceed the | 5550 |
nine per cent limit pursuant to this division. | 5551 |
Sec. 133.07. (A) A county shall not incur, without a vote | 5552 |
of the electors, either of the following: | 5553 |
(1) Net indebtedness for all purposes that exceeds an amount | 5554 |
equal to one per cent of its tax valuation; | 5555 |
(2) Net indebtedness for the purpose of paying the county's | 5556 |
share of the cost of the construction, improvement, maintenance, | 5557 |
or repair of state highways that exceeds an amount equal to | 5558 |
one-half of one per cent of its tax valuation. | 5559 |
(B) A county shall not incur total net indebtedness that | 5560 |
exceeds an amount equal to one of the following limitations that | 5561 |
applies to the county: | 5562 |
(1) A county with a valuation not exceeding one hundred | 5563 |
million dollars, three per cent of that tax valuation; | 5564 |
(2) A county with a tax valuation exceeding one hundred | 5565 |
million dollars but not exceeding three hundred million dollars, | 5566 |
three million dollars plus one and one-half per cent of that tax | 5567 |
valuation in excess of one hundred million dollars; | 5568 |
(3) A county with a tax valuation exceeding three hundred | 5569 |
million dollars, six million dollars plus two and one-half per | 5570 |
cent of that tax valuation in excess of three hundred million | 5571 |
dollars. | 5572 |
(C) In calculating the net indebtedness of a county, none of | 5573 |
the following securities shall be considered: | 5574 |
(1) Securities described in section 307.201 of the Revised | 5575 |
Code; | 5576 |
(2) Self-supporting securities issued for any purposes, | 5577 |
including, but not limited to, any of the following general | 5578 |
purposes: | 5579 |
(a) Water systems or facilities; | 5580 |
(b) Sanitary sewerage systems or facilities, or surface and | 5581 |
storm water drainage and sewerage systems or facilities, or a | 5582 |
combination of those systems or facilities; | 5583 |
(c) County or joint county scrap tire collection, storage, | 5584 |
monocell, monofill, or recovery facilities, or any combination of | 5585 |
those facilities; | 5586 |
(d) Off-street parking lots, facilities, or buildings, or | 5587 |
on-street parking facilities, or any combination of off-street and | 5588 |
on-street parking facilities; | 5589 |
(e) Facilities for the care or treatment of the sick or | 5590 |
infirm, and for housing the persons providing that care or | 5591 |
treatment and their families; | 5592 |
(f) Recreational, sports, convention, auditorium, museum, | 5593 |
trade show, and other public attraction facilities; | 5594 |
(g) Facilities for natural resources exploration, | 5595 |
development, recovery, use, and sale; | 5596 |
(h) Correctional and detention facilities and related | 5597 |
rehabilitation facilities. | 5598 |
(3) Securities issued for the purpose of purchasing, | 5599 |
constructing, improving, or extending water or sanitary or surface | 5600 |
and storm water sewerage systems or facilities, or a combination | 5601 |
of those systems or facilities, to the extent that an agreement | 5602 |
entered into with another subdivision requires the other | 5603 |
subdivision to pay to the county amounts equivalent to debt | 5604 |
charges on the securities; | 5605 |
(4) Voted general obligation securities issued for the | 5606 |
purpose of permanent improvements for sanitary sewerage or water | 5607 |
systems or facilities to the extent that the total principal | 5608 |
amount of voted securities outstanding for the purpose does not | 5609 |
exceed an amount equal to two per cent of the county's tax | 5610 |
valuation; | 5611 |
(5) Securities issued for permanent improvements to house | 5612 |
agencies, departments, boards, or commissions of the county or of | 5613 |
any municipal corporation located, in whole or in part, in the | 5614 |
county, to the extent that the revenues, other than revenues from | 5615 |
unvoted county property taxes, derived from leases or other | 5616 |
agreements between the county and those agencies, departments, | 5617 |
boards, commissions, or municipal corporations relating to the use | 5618 |
of the permanent improvements are sufficient to cover the cost of | 5619 |
all operating expenses of the permanent improvements paid by the | 5620 |
county and debt charges on the securities; | 5621 |
(6) Securities issued pursuant to section 133.08 of the | 5622 |
Revised Code; | 5623 |
(7) Securities issued for the purpose of acquiring or | 5624 |
constructing roads, highways, bridges, or viaducts, for the | 5625 |
purpose of acquiring or making other highway permanent | 5626 |
improvements, or for the purpose of procuring and maintaining | 5627 |
computer systems for the office of the clerk of any | 5628 |
county-operated municipal court, for the office of the clerk of | 5629 |
the court of common pleas, or for the office of the clerk of the | 5630 |
probate, juvenile, or domestic relations division of the court of | 5631 |
common pleas to the extent that the legislation authorizing the | 5632 |
issuance of the securities includes a covenant to appropriate from | 5633 |
moneys distributed to the county pursuant to division (B) of | 5634 |
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or | 5635 |
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a | 5636 |
sufficient amount to cover debt charges on and financing costs | 5637 |
relating to the securities as they become due; | 5638 |
(8) Securities issued for the purpose of acquiring, | 5639 |
constructing, improving, and equipping a county, multicounty, or | 5640 |
multicounty-municipal jail, workhouse, juvenile detention | 5641 |
facility, or correctional facility; | 5642 |
(9) Securities issued for the acquisition, construction, | 5643 |
equipping, or repair of any permanent improvement or any class or | 5644 |
group of permanent improvements enumerated in a resolution adopted | 5645 |
pursuant to division (D) of section 5739.026 of the Revised Code | 5646 |
to the extent that the legislation authorizing the issuance of the | 5647 |
securities includes a covenant to appropriate from moneys received | 5648 |
from the taxes authorized under section 5739.023 and division | 5649 |
(A)(5) of section 5739.026 of the Revised Code an amount | 5650 |
sufficient to pay debt charges on the securities and those moneys | 5651 |
shall be pledged for that purpose; | 5652 |
(10) Securities issued for county or joint county solid | 5653 |
waste or hazardous waste collection, transfer, or disposal | 5654 |
facilities, or resource recovery and solid or hazardous waste | 5655 |
recycling facilities, or any combination of those facilities; | 5656 |
(11) Securities issued for the acquisition, construction, | 5657 |
and equipping of a port authority educational and cultural | 5658 |
facility under section 307.671 of the Revised Code; | 5659 |
(12) Securities issued for the acquisition, construction, | 5660 |
equipping, and improving of a municipal educational and cultural | 5661 |
facility under division (B)(1) of section 307.672 of the Revised | 5662 |
Code; | 5663 |
(13) Securities issued for energy conservation measures | 5664 |
under section 307.041 of the Revised Code; | 5665 |
(14) Securities issued for the acquisition, construction, | 5666 |
equipping, improving, or repair of a sports facility, including | 5667 |
obligations issued to pay costs of a sports facility under section | 5668 |
307.673 of the Revised Code; | 5669 |
(15) Securities issued under section 755.17 of the Revised | 5670 |
Code if the legislation authorizing issuance of the securities | 5671 |
includes a covenant to appropriate from revenue received from a | 5672 |
tax authorized under division (A)(5) of section 5739.026 and | 5673 |
section 5741.023 of the Revised Code an amount sufficient to pay | 5674 |
debt charges on the securities, and the board of county | 5675 |
commissioners pledges that revenue for that purpose, pursuant to | 5676 |
section 755.171 of the Revised Code; | 5677 |
(16) Sales tax supported bonds issued pursuant to section | 5678 |
133.081 of the Revised Code for the purpose of acquiring, | 5679 |
constructing, improving, or equipping any permanent improvement to | 5680 |
the extent that the legislation authorizing the issuance of the | 5681 |
sales tax supported bonds pledges county sales taxes to the | 5682 |
payment of debt charges on the sales tax supported bonds and | 5683 |
contains a covenant to appropriate from county sales taxes a | 5684 |
sufficient amount to cover debt charges or the financing costs | 5685 |
related to the sales tax supported bonds as they become
due | 5686 |
(17) Bonds or notes issued under section 133.60 of the | 5687 |
Revised Code if the legislation authorizing issuance of the bonds | 5688 |
or notes includes a covenant to appropriate from revenue received | 5689 |
from a tax authorized under division (A)(9) of section 5739.026 | 5690 |
and section 5741.023 of the Revised Code an amount sufficient to | 5691 |
pay the debt charges on the bonds or notes, and the board of | 5692 |
county commissioners
pledges that revenue for that purpose | 5693 |
(18) Securities issued under section 3707.55 of the Revised | 5694 |
Code for the acquisition of real property by a general health | 5695 |
district; | 5696 |
(19) Securities issued under division (A)(3) of section | 5697 |
3313.37 of the Revised Code for the acquisition of real and | 5698 |
personal property by an educational service center. | 5699 |
(D) In calculating the net indebtedness of a county, no | 5700 |
obligation incurred under division (D) of section 339.06 of the | 5701 |
Revised Code shall be considered. | 5702 |
Sec. 140.01. As used in this chapter: | 5703 |
(A) "Hospital agency" means any public hospital agency or any | 5704 |
nonprofit hospital agency. | 5705 |
(B) "Public hospital agency" means any county, board of | 5706 |
county hospital trustees established pursuant to section 339.02 of | 5707 |
the Revised Code, county hospital commission established pursuant | 5708 |
to section 339.14 of the Revised Code, municipal corporation, new | 5709 |
community authority organized under Chapter 349. of the Revised | 5710 |
Code, joint township hospital district, state or municipal | 5711 |
university or college operating or authorized to operate a | 5712 |
hospital facility, or the state. | 5713 |
(C) "Nonprofit hospital agency" means a corporation or | 5714 |
association not for profit, no part of the net earnings of which | 5715 |
inures or may lawfully inure to the benefit of any private | 5716 |
shareholder or individual, that has authority to own or operate a | 5717 |
hospital facility or provides or is to provide services to one or | 5718 |
more other hospital agencies. | 5719 |
(D) "Governing body" means, in the case of a county, the | 5720 |
board of county commissioners or other legislative body; in the | 5721 |
case of a board of county hospital trustees, the board; in the | 5722 |
case of a county hospital commission, the commission; in the case | 5723 |
of a municipal corporation, the council or other legislative | 5724 |
authority; in the case of a new community authority, its board of | 5725 |
trustees; in the case of a joint township hospital district, the | 5726 |
joint township district hospital board; in the case of a state or | 5727 |
municipal university or college, its board of trustees or board of | 5728 |
directors; in the case of a nonprofit hospital agency, the board | 5729 |
of trustees or other body having general management
| 5730 |
agency; and, in the case of the state, the director of development | 5731 |
or the Ohio higher educational facility commission. | 5732 |
(E) "Hospital facilities" means buildings, structures and | 5733 |
other improvements, additions thereto and extensions thereof, | 5734 |
furnishings, equipment, and real estate and interests in real | 5735 |
estate, used or to be used for or in connection with one or more | 5736 |
hospitals, emergency, intensive, intermediate, extended, | 5737 |
long-term, or self-care facilities, diagnostic and treatment and | 5738 |
out-patient facilities, facilities related to programs for home | 5739 |
health services, clinics, laboratories, public health centers, | 5740 |
research facilities, and rehabilitation facilities, for or | 5741 |
pertaining to diagnosis, treatment, care, or rehabilitation of | 5742 |
sick, ill, injured, infirm, impaired, disabled, or handicapped | 5743 |
persons, or the prevention, detection, and control of disease, and | 5744 |
also includes education, training, and food service facilities for | 5745 |
health professions personnel, housing facilities for such | 5746 |
personnel and their families, and parking and service facilities | 5747 |
in connection with any of the foregoing; and includes any one, | 5748 |
part of, or any combination of the foregoing; and further includes | 5749 |
site improvements, utilities, machinery, facilities, furnishings, | 5750 |
and any separate or connected buildings, structures, improvements, | 5751 |
sites, utilities, facilities, or equipment to be used in, or in | 5752 |
connection with the operation or maintenance of, or supplementing | 5753 |
or otherwise related to the services or facilities to be provided | 5754 |
by, any one or more of such hospital facilities. | 5755 |
(F) "Costs of hospital facilities" means the costs of | 5756 |
acquiring or constructing hospital facilities, costs of improving | 5757 |
one or more hospital facilities, including reconstructing, | 5758 |
rehabilitating, remodeling, renovating, and enlarging, costs of | 5759 |
equipping and furnishing such facilities, and all financing costs | 5760 |
pertaining thereto, including, without limitation thereto, costs | 5761 |
of engineering, architectural, and other professional services, | 5762 |
designs, plans, specifications and surveys, and estimates of cost, | 5763 |
costs of tests and inspections, the costs of any indemnity or | 5764 |
surety bonds and premiums on insurance, all related direct or | 5765 |
allocable administrative expenses pertaining thereto, fees and | 5766 |
expenses of trustees, depositories, and paying agents for the | 5767 |
obligations, cost of issuance of the obligations and financing | 5768 |
charges and fees and expenses of financial advisors, attorneys, | 5769 |
accountants, consultants and rating services in connection | 5770 |
therewith, capitalized interest on the obligations, amounts | 5771 |
necessary to establish reserves as required by the bond | 5772 |
proceedings, the reimbursement of all moneys advanced or applied | 5773 |
by the hospital agency or others or borrowed from others for the | 5774 |
payment of any item or items of costs of such facilities, and all | 5775 |
other expenses necessary or incident to planning or determining | 5776 |
feasibility or practicability with respect to such facilities, and | 5777 |
such other expenses as may be necessary or incident to the | 5778 |
acquisition, construction, reconstruction, rehabilitation, | 5779 |
remodeling, renovation, enlargement, improvement, equipment, and | 5780 |
furnishing of such facilities, the financing thereof, and the | 5781 |
placing of the same in use and operation, including any one, part | 5782 |
of, or combination of such classes of costs and expenses, and | 5783 |
means the costs of refinancing obligations issued by, or | 5784 |
reimbursement of money advanced by, nonprofit hospital agencies or | 5785 |
others the proceeds of which were used for the payment of costs of | 5786 |
hospital facilities, if the governing body of the public hospital | 5787 |
agency determines that the refinancing or reimbursement advances | 5788 |
the purposes of this chapter, whether or not the refinancing or | 5789 |
reimbursement is in conjunction with the acquisition or | 5790 |
construction of additional hospital facilities. | 5791 |
(G) "Hospital receipts" means all moneys received by or on | 5792 |
behalf of a hospital agency from or in connection with the | 5793 |
ownership, operation, acquisition, construction, improvement, | 5794 |
equipping, or financing of any hospital facilities, including, | 5795 |
without limitation thereto, any rentals and other moneys received | 5796 |
from the lease, sale, or other disposition of hospital facilities, | 5797 |
and any gifts, grants, interest subsidies, or other moneys | 5798 |
received under any federal program for assistance in financing the | 5799 |
costs of hospital facilities, and any other gifts, grants, and | 5800 |
donations, and receipts therefrom, available for financing the | 5801 |
costs of hospital facilities. | 5802 |
(H) "Obligations" means bonds, notes, or other evidences of | 5803 |
indebtedness or obligation, including interest coupons pertaining | 5804 |
thereto, issued or issuable by a public hospital agency to pay | 5805 |
costs of hospital facilities. | 5806 |
(I) "Bond service charges" means principal, interest, and | 5807 |
call premium, if any, required to be paid on obligations. | 5808 |
(J) "Bond proceedings" means one or more ordinances, | 5809 |
resolutions, trust agreements, indentures, and other agreements or | 5810 |
documents, and amendments and supplements to the foregoing, or any | 5811 |
combination thereof, authorizing or providing for the terms, | 5812 |
including any variable interest rates, and conditions applicable | 5813 |
to, or providing for the security of, obligations and the | 5814 |
provisions contained in such obligations. | 5815 |
(K) "Nursing home" has the same meaning as in division (A)(1) | 5816 |
of section 5701.13 of the Revised Code. | 5817 |
(L) "Residential care facility" has the same meaning as in | 5818 |
division (A)(2) of section 5701.13 of the Revised Code. | 5819 |
(M) "Adult care facility" has the same meaning as in division | 5820 |
(A)(3) of section 5701.13 of the Revised Code. | 5821 |
(N) "Independent living facility" means any self-care | 5822 |
facility or other housing facility designed or used as a residence | 5823 |
for elderly persons. An "independent living facility" does not | 5824 |
include a residential facility, or that part of a residential | 5825 |
facility, that is any of the following: | 5826 |
(1) A hospital required to be certified by section 3727.02 | 5827 |
of the Revised Code; | 5828 |
(2) A nursing home or residential care facility; | 5829 |
(3) An adult care facility; | 5830 |
(4) A hospice licensed under section 3712.04 of the Revised | 5831 |
Code; | 5832 |
(5) A habilitation center as defined in section 5123.041 of | 5833 |
the Revised Code; | 5834 |
(6) A residential facility for the mentally ill licensed by | 5835 |
the department of mental health under section 5119.22 of the | 5836 |
Revised Code; | 5837 |
(7) A facility licensed to provide methadone treatment under | 5838 |
section 3793.11 of the Revised Code; | 5839 |
(8) A facility certified as an alcohol and drug addiction | 5840 |
program under section 3793.06 of the Revised Code; | 5841 |
(9) A residential facility licensed under section 5123.19 of | 5842 |
the Revised Code or a facility providing services under a contract | 5843 |
with the department of mental retardation and developmental | 5844 |
disabilities under section 5123.18 of the Revised Code; | 5845 |
(10) A residential facility used as part of a hospital to | 5846 |
provide housing for staff of the hospital or students pursuing a | 5847 |
course of study at the hospital. | 5848 |
Sec. 151.04. This section applies to obligations as defined | 5849 |
in this section. | 5850 |
(A) As used in this section: | 5851 |
(1) "Costs of capital facilities" include related direct | 5852 |
administrative expenses and allocable portions of direct costs of | 5853 |
the using institution. | 5854 |
(2) "Obligations" means obligations as defined in section | 5855 |
| 5856 |
facilities for state-supported or state-assisted institutions of | 5857 |
higher education. | 5858 |
(3) "State-supported or state-assisted institutions of | 5859 |
higher education" means a state university or college, or | 5860 |
community college district, technical college district, university | 5861 |
branch district, or state community college, or other institution | 5862 |
for education, including technical education, beyond the high | 5863 |
school, receiving state support or assistance for its expenses of | 5864 |
operation. "State university or college" means each of the state | 5865 |
universities identified in section 3345.011 of the Revised Code, | 5866 |
the northeastern Ohio universities college of medicine, and the | 5867 |
medical college of Ohio at Toledo. | 5868 |
(4) "Using institution" means the state-supported or | 5869 |
state-assisted institution of higher education, or two or more | 5870 |
institutions acting jointly, that are the ultimate users of | 5871 |
capital facilities for state-supported and state-assisted | 5872 |
institutions of higher education financed with net proceeds of | 5873 |
obligations. | 5874 |
(B) The issuing authority shall issue obligations to pay | 5875 |
costs of capital facilities for state-supported and state-assisted | 5876 |
institutions of higher education pursuant to Section 2n of Article | 5877 |
VIII, Ohio Constitution, section 151.01 of the Revised Code, and | 5878 |
this section. | 5879 |
(C) Net proceeds of obligations shall be deposited into the | 5880 |
higher education improvement fund created by division (F) of | 5881 |
section 154.21 of the Revised Code. | 5882 |
(D) There is hereby created in the state treasury the | 5883 |
"higher education capital facilities bond service fund." All | 5884 |
moneys received by the state and required by the bond proceedings, | 5885 |
consistent with sections 151.01 and 151.04 of the Revised Code, to | 5886 |
be deposited, transferred, or credited to the bond service fund, | 5887 |
and all other moneys transferred or allocated to or received for | 5888 |
the purposes of that fund, shall be deposited and credited to the | 5889 |
bond service fund, subject to any applicable provisions of the | 5890 |
bond proceedings but without necessity for any act of | 5891 |
appropriation. During the period beginning with the date of the | 5892 |
first issuance of obligations and continuing during the time that | 5893 |
any obligations are outstanding in accordance with their terms, so | 5894 |
long as moneys in the bond service fund are insufficient to pay | 5895 |
debt service when due on those obligations payable from that fund | 5896 |
(except the principal amounts of bond anticipation notes payable | 5897 |
from the proceeds of renewal notes or bonds anticipated) and due | 5898 |
in the particular fiscal year, a sufficient amount of revenues of | 5899 |
the state is committed and, without necessity for further act of | 5900 |
appropriation, shall be paid to the bond service fund for the | 5901 |
purpose of paying that debt service when due. | 5902 |
Sec. 166.03. (A) There is hereby created the facilities | 5903 |
establishment fund within the state treasury, consisting of | 5904 |
proceeds from the issuance of obligations as specified under | 5905 |
section 166.08 of the Revised Code; the moneys received by the | 5906 |
state from the sources specified in section 166.09 of the Revised | 5907 |
Code; service charges imposed under sections 166.06 and 166.07 of | 5908 |
the Revised Code; any grants, gifts, or contributions of moneys | 5909 |
received by the director of development to be used for loans made | 5910 |
under section 166.07 of the Revised Code or for the payment of the | 5911 |
allowable costs of project facilities; and all other moneys | 5912 |
appropriated or transferred to the fund. Moneys in the loan | 5913 |
guarantee fund in excess of four per cent of the unpaid principal | 5914 |
amount of loan repayments guaranteed under section 166.06 of the | 5915 |
Revised Code, but subject to the provisions and requirements of | 5916 |
any guarantee contracts, may be transferred to the facilities | 5917 |
establishment fund by the treasurer of state upon the order of the | 5918 |
director of development. Moneys received by the state under | 5919 |
Chapter 122. of the Revised Code, to the extent allocable to the | 5920 |
utilization of moneys derived from proceeds of the sale of | 5921 |
obligations pursuant to section 166.08 of the Revised Code, shall | 5922 |
be credited to the facilities establishment fund. | 5923 |
(B) All moneys appropriated or transferred to the facilities | 5924 |
establishment fund may be released at the request of the director | 5925 |
of development for payment of allowable costs or the making of | 5926 |
loans under this chapter, for transfer to the loan guarantee fund | 5927 |
established in section 166.06 of the Revised Code, or for use for | 5928 |
the purpose of or transfer to the funds established by sections | 5929 |
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, 122.601, | 5930 |
and
122.80 of the Revised Code and, until July 1,
| 5931 |
funds established by sections 122.26 and 166.031 of the Revised | 5932 |
Code, but only for such of those purposes as are within the | 5933 |
authorization of Section 13 of Article VIII, Ohio Constitution, in | 5934 |
all cases subject to the approval of the controlling board. | 5935 |
(C) The department of development, in the administration of | 5936 |
the facilities establishment fund, is encouraged to utilize and | 5937 |
promote the utilization of, to the maximum practicable extent, the | 5938 |
other existing programs, business incentives, and tax incentives | 5939 |
that department is required or authorized to administer or | 5940 |
supervise. | 5941 |
Sec. 169.01. As used in this chapter, unless the context | 5942 |
otherwise requires: | 5943 |
(A) "Financial organization" means any bank, trust company, | 5944 |
savings bank, safe deposit company, mutual savings bank without | 5945 |
mutual stock, savings and loan association, credit union, or | 5946 |
investment company. | 5947 |
(B)(1) "Unclaimed funds" means any moneys, rights to moneys, | 5948 |
or intangible property, described in section 169.02 of the Revised | 5949 |
Code, when, as shown by the records of the holder, the owner has | 5950 |
not, within the times provided in section 169.02 of the Revised | 5951 |
Code, done any of the following: | 5952 |
(a) Increased, decreased, or adjusted the amount of such | 5953 |
funds; | 5954 |
(b) Assigned, paid premiums, or encumbered such funds; | 5955 |
(c) Presented an appropriate record for the crediting of | 5956 |
such funds or received payment of such funds by check, draft, or | 5957 |
otherwise; | 5958 |
(d) Corresponded with the holder concerning such funds; | 5959 |
(e) Otherwise indicated an interest in or knowledge of such | 5960 |
funds; | 5961 |
(f) Transacted business with the holder. | 5962 |
(2) "Unclaimed funds" does not include any of the following: | 5963 |
(a) Money received or collected under section 9.39 of the | 5964 |
Revised Code; | 5965 |
(b) Any payment or credit due to a business association from | 5966 |
a business association representing sums payable to suppliers, or | 5967 |
payment for services rendered, in the course of business, | 5968 |
including, but not limited to, checks or memoranda, overpayments, | 5969 |
unidentified remittances, nonrefunded overcharges, discounts, | 5970 |
refunds, and rebates; | 5971 |
(c) Any payment or credit received by a business association | 5972 |
from a business association for tangible goods sold, or services | 5973 |
performed, in the course of business, including, but not limited | 5974 |
to, checks or memoranda, overpayments, unidentified remittances, | 5975 |
nonrefunded overcharges, discounts, refunds, and rebates; | 5976 |
(d) Any credit due a retail customer that is represented by a | 5977 |
gift certificate, gift card, merchandise credit, or merchandise | 5978 |
credit card, redeemable only for merchandise. | 5979 |
For purposes of divisions (B)(2)(b) and (c) of this section, | 5980 |
"business association" means any corporation, joint venture, | 5981 |
business trust, limited liability company, partnership, | 5982 |
association, or other business entity composed of one or more | 5983 |
individuals, whether or not the entity is for profit. | 5984 |
(C) "Owner" means any person, or the person's legal | 5985 |
representative, entitled to receive or having a legal or equitable | 5986 |
interest in or claim against moneys, rights to moneys, or other | 5987 |
intangible property, subject to this chapter. | 5988 |
(D)(1) "Holder" means any person that has possession, | 5989 |
custody, or control of moneys, rights to moneys, or other | 5990 |
intangible property, or that is indebted to another, if any of the | 5991 |
following applies: | 5992 |
(a) Such person resides in this state; | 5993 |
(b) Such person is formed under the laws of this state; | 5994 |
(c) Such person is formed under the laws of the United | 5995 |
States and has an office or principal place of business in this | 5996 |
state; | 5997 |
(d) The records of such person indicate that the last known | 5998 |
address of the owner of such moneys, rights to moneys, or other | 5999 |
intangible property is in this state; | 6000 |
(e) The records of such person do not indicate the last | 6001 |
known address of the owner of the moneys, rights to moneys, or | 6002 |
other intangible property and the entity originating or issuing | 6003 |
the moneys, rights to moneys, or other intangible property is this | 6004 |
state or any political subdivision of this state, or is | 6005 |
incorporated, organized, created, or otherwise located in this | 6006 |
state. Division (D)(1)(e) of this section applies to all moneys, | 6007 |
rights to moneys, or other intangible property that is in the | 6008 |
possession, custody, or control of such person on or after July | 6009 |
22, 1994, whether the moneys, rights to moneys, or other | 6010 |
intangible property becomes unclaimed funds prior to or on or | 6011 |
after
| 6012 |
(2) "Holder" does not mean any hospital granted tax-exempt | 6013 |
status under section 501(c)(3) of the Internal Revenue Code or any | 6014 |
hospital owned or operated by the state or by any political | 6015 |
subdivision. Any entity in order to be exempt from the definition | 6016 |
of "holder" pursuant to this division shall make a reasonable, | 6017 |
good-faith effort to contact the owner of the unclaimed funds. | 6018 |
(E) "Person" includes a natural person; corporation, whether | 6019 |
for profit or not for profit; copartnership; unincorporated | 6020 |
association or organization; public authority; estate; trust; two | 6021 |
or more persons having a joint or common interest; eleemosynary | 6022 |
organization; fraternal or cooperative association; other legal or | 6023 |
community entity; the United States government, including any | 6024 |
district, territory, possession, officer, agency, department, | 6025 |
authority, instrumentality, board, bureau, or court; or any state | 6026 |
or political subdivision thereof, including any officer, agency, | 6027 |
board, bureau, commission, division, department, authority, court, | 6028 |
or instrumentality. | 6029 |
(F) "Mortgage funds" means the mortgage insurance fund | 6030 |
created by section 122.561 of the Revised Code, and the housing | 6031 |
guarantee fund created by division (D) of section 128.11 of the | 6032 |
Revised Code. | 6033 |
(G) "Lawful claims" means any vested right a holder of | 6034 |
unclaimed funds has against the owner of such unclaimed funds. | 6035 |
(H) "Public utility" means any entity defined as such by | 6036 |
division (A) of section 745.01 or by section 4905.02 of the | 6037 |
Revised Code. | 6038 |
(I) "Deposit" means to place money in the custody of a | 6039 |
financial organization for the purpose of establishing an | 6040 |
income-bearing account by purchase or otherwise. | 6041 |
(J) "Income-bearing account" means a time or savings | 6042 |
account, whether or not evidenced by a certificate of deposit, or | 6043 |
an investment account through which investments are made solely in | 6044 |
obligations of the United States or its agencies or | 6045 |
instrumentalities or guaranteed as to principal and interest by | 6046 |
the United States or its agencies or instrumentalities, debt | 6047 |
securities rated as investment grade by at least two nationally | 6048 |
recognized rating services, debt securities which the director of | 6049 |
commerce has determined to have been issued for the safety and | 6050 |
welfare of the residents of this state, and equity interests in | 6051 |
mutual funds that invest solely in some or all of the above-listed | 6052 |
securities and involve no general liability, without regard to | 6053 |
whether income earned on such accounts, securities, or interests | 6054 |
is paid periodically or at the end of a term. | 6055 |
Sec. 173.40. There is hereby created a component of the | 6056 |
medicaid program established under Chapter 5111. of the Revised | 6057 |
Code to be known as the preadmission screening system providing | 6058 |
options and resources today program,
or PASSPORT.
| 6059 |
6060 | |
6061 | |
community-based services as an alternative to nursing facility | 6062 |
placement for aged and disabled
| 6063 |
program shall be operated pursuant to a home and community-based | 6064 |
waiver granted by the United States secretary of health and human | 6065 |
services under section 1915 of the "Social Security Act," 49 Stat. | 6066 |
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging | 6067 |
shall administer the
program | 6068 |
6069 | |
department of job and family services
| 6070 |
6071 | |
6072 | |
directors of aging and job and family services shall adopt rules | 6073 |
in accordance with Chapter 119. of the Revised Code to implement | 6074 |
the program. | 6075 |
Sec. 173.46. The department of aging shall develop and | 6076 |
publish a guide to nursing facilities in this state for use by | 6077 |
individuals considering nursing facility placement and their | 6078 |
families, friends, and advisors. The guide shall be titled the | 6079 |
Ohio long-term care consumer guide. | 6080 |
The consumer guide shall be published in computerized form | 6081 |
for distribution over the internet. The guide shall be made | 6082 |
available not later than
| 6083 |
6084 | |
with section 173.52 of the Revised Code. | 6085 |
Every two years, the department shall publish an executive | 6086 |
summary of the consumer guide, and shall make the executive | 6087 |
summary available in both computerized and printed forms. | 6088 |
Sec. 173.47. The department of aging may contract with any | 6089 |
person or government entity to perform any function related to the | 6090 |
publication of the Ohio long-term care consumer guide or the | 6091 |
collection and preparation of data and other material for the | 6092 |
guide, except that the department shall contract to have the | 6093 |
customer satisfaction surveys conducted under section 173.54 of | 6094 |
the Revised Code.
| 6095 |
6096 | |
with a person or government entity that has experience in | 6097 |
surveying the customer satisfaction of nursing facility residents | 6098 |
and their families. The department's contract shall permit the | 6099 |
person or government entity to subcontract with other persons or | 6100 |
government entities for purposes of conducting all or part of the | 6101 |
surveys. | 6102 |
Sec. 175.03. (A)(1) The Ohio housing finance agency shall | 6103 |
consist of
| 6104 |
appointed by the governor with the advice and consent of the | 6105 |
senate. The director of commerce and the director of development, | 6106 |
or their respective designees, shall also be voting members of the | 6107 |
agency.
Of the
| 6108 |
have experience in residential housing construction; at least one | 6109 |
shall have experience in residential housing mortgage lending, | 6110 |
loan servicing, or brokering; at least one shall have experience | 6111 |
in the licensed residential housing brokerage business; at least | 6112 |
one shall have experience with the housing needs of senior | 6113 |
citizens; at least one shall be from a background in labor | 6114 |
representation in the construction industry; at least one shall | 6115 |
represent the interests of nonprofit multifamily housing | 6116 |
development organizations; at least one shall represent the | 6117 |
interests of for-profit multifamily housing development | 6118 |
corporations; and two shall be
public members. No more than
| 6119 |
six of the appointed members of the agency shall be of the same | 6120 |
political party.
| 6121 |
6122 | |
6123 | |
6124 | |
6125 | |
6126 | |
6127 | |
ninth appointed members in accordance with this amendment, one | 6128 |
shall be for a term ending on January 31, 2005, and one shall be | 6129 |
for a term ending on January 31, 2006. Thereafter, each appointed | 6130 |
member shall serve for a term ending on the thirty-first day of | 6131 |
January which is six years following the date of termination of | 6132 |
the term which it succeeds. Each member shall hold office from | 6133 |
the date of the member's appointment until the end of the term for | 6134 |
which the member was appointed. Any member appointed to fill a | 6135 |
vacancy occurring prior to the expiration of the term for which | 6136 |
the member's predecessor was appointed shall hold office for the | 6137 |
remainder of such term. Any appointed member shall continue in | 6138 |
office subsequent to the expiration date of the member's term | 6139 |
until the member's successor takes office, or until a period of | 6140 |
sixty days has elapsed, whichever occurs first. Each appointed | 6141 |
member may be removed from office by the governor for misfeasance, | 6142 |
nonfeasance, malfeasance in office, or for failure to attend in | 6143 |
person three consecutive meetings of the agency. | 6144 |
(2) The director of development or the director's designee | 6145 |
shall be the chairperson of the agency. The agency shall elect | 6146 |
one of its appointed members as vice-chairperson and such other | 6147 |
officers as it deems necessary, who need not be members of the | 6148 |
agency. Each appointed member of the agency shall receive | 6149 |
compensation at the rate of one hundred fifty dollars per agency | 6150 |
meeting attended in person, not to exceed a maximum of three | 6151 |
thousand dollars per year. All members shall be reimbursed for | 6152 |
their actual and necessary expenses incurred in the discharge of | 6153 |
their official duties. | 6154 |
(3)
| 6155 |
the affirmative vote of
| 6156 |
any action taken by the agency. No vacancy in membership of the | 6157 |
agency impairs the right of a quorum to exercise all the rights | 6158 |
and perform all the duties of the agency. Meetings of the agency | 6159 |
may be held at any place within the state. Meetings of the | 6160 |
agency, including notice of the place of meetings, shall comply | 6161 |
with section 121.22 of the Revised Code. | 6162 |
(B) The appointed members of the agency are not subject to | 6163 |
section 102.02 of the Revised Code. Each such appointed member | 6164 |
shall file with the agency a signed written statement setting | 6165 |
forth the general nature of sales of goods, property or services | 6166 |
or of loans to the agency in which such member has a pecuniary | 6167 |
interest or in which any member of the member's immediate family, | 6168 |
as defined in section 102.01 of the Revised Code, or any | 6169 |
corporation, partnership or enterprise of which the member is an | 6170 |
officer, director, or partner, or of which the member or a member | 6171 |
of the member's immediate family, as so defined, owns more than a | 6172 |
five per cent interest, has a pecuniary interest, and of which | 6173 |
sale, loan and interest such member has knowledge. The statement | 6174 |
shall be supplemented from time to time to reflect changes in the | 6175 |
general nature of any such sales or loans. No member shall | 6176 |
participate in portions of agency meetings dealing with, or vote | 6177 |
concerning, any such matter. The requirements of this section | 6178 |
pertaining to disclosure and prohibition from participation and | 6179 |
voting do not apply to agency loans to lending institutions or | 6180 |
contracts between the agency and lending institutions for the | 6181 |
purchase, administration, or servicing of loans notwithstanding | 6182 |
that such lending institution has a director, officer, employee, | 6183 |
or owner who is a member of the agency, and no such loans or | 6184 |
contracts shall be deemed to be prohibited or otherwise regulated | 6185 |
by reason of any other law or rule. | 6186 |
Sec. 175.21. (A) The low- and moderate-income housing trust | 6187 |
fund is hereby created in the state treasury. The fund shall | 6188 |
consist of all appropriations, grants, gifts, loan repayments, and | 6189 |
contributions of money made from any source to the department of | 6190 |
development for the fund. All investment earnings of the fund | 6191 |
shall be credited to the fund. The director of development shall | 6192 |
allocate a portion of the money in the fund to an account of the | 6193 |
Ohio housing finance agency. The department shall administer the | 6194 |
fund. The agency shall use money allocated to it in the fund for | 6195 |
implementing and administering its programs and duties under | 6196 |
sections 175.22 and 175.24 of the Revised Code, and the department | 6197 |
shall use the remaining money in the fund for implementing and | 6198 |
administering its programs and duties under sections 175.22 to | 6199 |
175.25 of the Revised Code. Use of all money in the fund is | 6200 |
subject to the following restrictions: forty-five per cent of the | 6201 |
| 6202 |
year shall be used to make grants and loans to nonprofit | 6203 |
organizations under section 175.22 of the Revised Code, not less | 6204 |
than
| 6205 |
amount of funds awarded during any one fiscal year shall be used | 6206 |
to make grants and loans for activities that will provide housing | 6207 |
and housing assistance to families and individuals in rural areas | 6208 |
and small cities that would
not be
eligible to
participate
| 6209 |
6210 | |
6211 | |
6212 | |
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C. | 6213 |
12701 note, 12721, no
more than
| 6214 |
the fund shall be used for administration, and no money in the | 6215 |
fund shall be used to pay for any legal services other than the | 6216 |
usual and customary legal services associated with the acquisition | 6217 |
of housing. Except as otherwise provided by the director under | 6218 |
division (B) of this section, money in the fund may be used as | 6219 |
matching money for federal funds received by the state, counties, | 6220 |
municipal corporations, and townships for the activities listed in | 6221 |
section 175.22 of the Revised Code. | 6222 |
(B) If after the second quarter of any year it appears to | 6223 |
the director that the full amount of the money in the low- and | 6224 |
moderate-income housing trust fund designated in that year for | 6225 |
activities that will provide housing and housing assistance to | 6226 |
families and individuals in rural areas and small cities under | 6227 |
division (A) of this section will not be so used, the director may | 6228 |
reallocate all or a portion of that amount for other housing | 6229 |
activities. In determining whether or how to reallocate money | 6230 |
under this division, the director may consult with and shall | 6231 |
receive advice from the housing trust fund advisory committee. | 6232 |
Sec. 175.22. (A) The department of development and the Ohio | 6233 |
housing finance agency shall each develop programs under which, in | 6234 |
accordance with rules adopted under this section, it may make | 6235 |
grants, loans, loan guarantees, and loan subsidies to counties, | 6236 |
municipal corporations, townships, local housing authorities, and | 6237 |
nonprofit organizations and may make loans, loan guarantees, and | 6238 |
loan subsidies to private developers and private lenders to assist | 6239 |
them in activities that will provide housing and housing | 6240 |
assistance for specifically targeted low- and moderate-income | 6241 |
families and individuals. There shall be no minimum housing | 6242 |
project size for awards under this division for any project that | 6243 |
is being developed for a special needs population and that is | 6244 |
supported by a social service agency where the housing project | 6245 |
will be located. Activities for which grants, loans, loan | 6246 |
guarantees, and loan subsidies may be made under this section | 6247 |
include all of the following: | 6248 |
(1) Acquiring, financing, constructing, leasing, | 6249 |
rehabilitating, remodeling, improving, and equipping publicly or | 6250 |
privately owned housing; | 6251 |
(2) Providing supportive services related to housing and the | 6252 |
homeless, including housing counseling | 6253 |
cent of the current year appropriation authority for the low- and | 6254 |
moderate-income housing trust fund shall be awarded in any fiscal | 6255 |
year for such supportive services. | 6256 |
(3) Providing rental assistance payments or other project | 6257 |
operating subsidies that lower tenant rents. | 6258 |
(B) Grants, loans, loan guarantees, and loan subsidies may be | 6259 |
made to counties, municipal corporations, townships, and nonprofit | 6260 |
organizations for the additional purposes of providing technical | 6261 |
assistance, design and finance services and consultation, and | 6262 |
payment of pre-development and administrative costs related to any | 6263 |
of the activities listed above. | 6264 |
(C) In developing programs under this section, the | 6265 |
department and the agency shall invite, accept, and consider | 6266 |
public comment, and recommendations from the housing trust fund | 6267 |
advisory committee created under section 175.25 of the Revised | 6268 |
Code, on how the programs should be designed to most effectively | 6269 |
benefit low- and moderate-income families and individuals. The | 6270 |
programs developed under this section shall respond collectively | 6271 |
to housing and housing assistance needs of low- and | 6272 |
moderate-income families and individuals statewide. | 6273 |
(D) The department and the agency, in accordance with | 6274 |
Chapter 119. of the Revised Code, shall each adopt rules under | 6275 |
which it shall administer programs developed by it under this | 6276 |
section. The rules shall prescribe procedures and forms whereby | 6277 |
counties, municipal corporations, townships, local housing | 6278 |
authorities, and nonprofit organizations may apply for grants, | 6279 |
loans, loan guarantees, and loan subsidies and private developers | 6280 |
and private lenders may apply for loans, loan guarantees, and loan | 6281 |
subsidies; eligibility criteria for the receipt of funds; | 6282 |
procedures for reviewing and granting or denying applications; | 6283 |
procedures for paying out funds; conditions on the use of funds; | 6284 |
procedures for monitoring the use of funds; and procedures under | 6285 |
which a recipient shall be required to repay funds that are | 6286 |
improperly used. The rules adopted by the department shall do | 6287 |
both of the following: | 6288 |
(1) Require each recipient of a grant or loan made from the | 6289 |
low- and moderate-income housing trust fund for activities that | 6290 |
will provide, or assist in providing, a rental housing project, to | 6291 |
reasonably ensure that the rental housing project will be | 6292 |
affordable to those families and individuals targeted for the | 6293 |
rental housing project for the useful life of the rental housing | 6294 |
project or for thirty years, whichever is longer; | 6295 |
(2) Require each recipient of a grant or loan made from the | 6296 |
low- and moderate-income housing trust fund for activities that | 6297 |
will provide, or assist in providing, a housing project to prepare | 6298 |
and implement a plan to reasonably assist any families and | 6299 |
individuals displaced by the housing project in obtaining decent | 6300 |
affordable housing. | 6301 |
(E) In prescribing eligibility criteria and conditions for | 6302 |
the use of funds, neither the department nor agency is limited to | 6303 |
the criteria and conditions specified in this section and each may | 6304 |
prescribe additional eligibility criteria and conditions that | 6305 |
relate to the purposes for which grants, loans, loan guarantees, | 6306 |
and loan subsidies may be made. However, the department and | 6307 |
agency are limited by the following specifically targeted low- and | 6308 |
moderate-income guidelines: | 6309 |
(1) Not less than seventy-five per cent of the money granted | 6310 |
and loaned under this section in any
| 6311 |
for activities that will provide affordable housing and housing | 6312 |
assistance to families and individuals in a county whose incomes | 6313 |
are equal to or less than fifty per cent of the median income for | 6314 |
that county, as determined by the department under section 175.23 | 6315 |
of the Revised Code. | 6316 |
(2) The remainder of the money granted and loaned under this | 6317 |
section in any
| 6318 |
will provide affordable housing and housing assistance to families | 6319 |
and individuals in a county whose incomes are equal to or less | 6320 |
than eighty per cent of the median income for that county, as | 6321 |
determined by the department under section 175.23 of the Revised | 6322 |
Code. | 6323 |
(F) In making grants, loans, loan guarantees, and loan | 6324 |
subsidies under this section, the department and the agency shall | 6325 |
give preference to viable projects and activities that will | 6326 |
benefit those families and individuals in a county whose incomes | 6327 |
are equal to or less than thirty-five per cent of the median | 6328 |
income for that county, as determined by the department under | 6329 |
section 175.23 of the Revised Code. The department and the agency | 6330 |
shall monitor the programs developed under this section to ensure | 6331 |
that money granted and loaned under this section is not used in a | 6332 |
manner that violates division (H) of section 4112.02 of the | 6333 |
Revised Code or discriminates against families with children. | 6334 |
Sec. 175.24. (A) Annually, the department of development | 6335 |
shall submit a report to the president of the senate and the | 6336 |
speaker of the house of representatives describing the activities | 6337 |
of the department under sections 175.21 to 175.25 of the Revised | 6338 |
Code during the previous
| 6339 |
(B) Annually, the Ohio housing finance agency shall submit a | 6340 |
report to the president of the senate and the speaker of the house | 6341 |
of representatives describing the activities of the agency under | 6342 |
sections 175.21, 175.22, and 175.24 of the Revised Code during the | 6343 |
previous
| 6344 |
Sec. 179.02. (A) There is hereby established the Ohio | 6345 |
commission on dispute resolution and conflict management, | 6346 |
consisting of twelve members, unless a vacancy exists in an | 6347 |
appointment at any given time. The purpose of the commission is | 6348 |
to provide, coordinate, fund, and evaluate dispute resolution and | 6349 |
conflict management education, training, and research programs in | 6350 |
this state, and to consult with, educate, train, provide resources | 6351 |
for, and otherwise assist and facilitate other persons and public | 6352 |
or private agencies, organizations, or entities that are engaged | 6353 |
in activities related to dispute resolution and conflict | 6354 |
management. Four members of the commission shall be appointed by | 6355 |
the governor, four members shall be appointed by the chief justice | 6356 |
of the supreme court, two members shall be appointed by the | 6357 |
president of the senate, and two members shall be appointed by the | 6358 |
speaker of the house of representatives. | 6359 |
Within thirty days after
| 6360 |
June 30, 1995, the governor, the chief justice of the supreme | 6361 |
court, the president of the senate, and the speaker of the house | 6362 |
of representatives shall make initial appointments to the | 6363 |
commission. Of the initial appointments made to the commission by | 6364 |
the governor and the chief justice, two each shall be for a term | 6365 |
ending two years after
| 6366 |
1995, and two each shall be for a term ending four years after | 6367 |
that date. Of the initial appointments made to the commission by | 6368 |
the president of the senate and the speaker of the house of | 6369 |
representatives, one each shall be for a term ending two years | 6370 |
after
| 6371 |
each shall be for a term ending four years after that date. | 6372 |
Thereafter, terms of office shall be for three years, with each | 6373 |
term ending on the same day of the same month of the year as the | 6374 |
term that it succeeds. Each member shall hold office from the | 6375 |
date of appointment until the end of the term for which appointed. | 6376 |
Members may be reappointed.
| 6377 |
Vacancies shall be filled in the manner provided for original | 6378 |
appointments. Any member appointed to fill a vacancy occurring | 6379 |
prior to the expiration date of the term for which the member's | 6380 |
predecessor was appointed shall hold office as a member for the | 6381 |
remainder of that term.
| 6382 |
A member shall continue in office subsequent to the | 6383 |
expiration date of the member's term until
| 6384 |
successor takes office or until a period of sixty days has | 6385 |
elapsed, whichever occurs first. | 6386 |
(B) The commission shall meet within two weeks after all of | 6387 |
its initial members have been appointed, at a time and place | 6388 |
determined by the governor. Thereafter, the commission shall meet | 6389 |
at least quarterly, or more often upon the call of the
| 6390 |
chairperson or at the request of the executive director of the | 6391 |
commission.
| 6392 |
The commission shall organize by selecting from among its | 6393 |
members a
| 6394 |
and
| 6395 |
shall be elected annually by vote of the members of the | 6396 |
commission.
| 6397 |
Each member
of the commission shall have one vote.
| 6398 |
majority of the members
| 6399 |
at any given time, constitutes a quorum, and the votes of a | 6400 |
majority of the members present at a meeting of the commission are | 6401 |
required to validate an action of the commission. | 6402 |
(C) The members of the commission shall serve without | 6403 |
compensation, but each member shall be reimbursed for actual and | 6404 |
necessary expenses incurred in the performance of official duties, | 6405 |
and actual mileage for each mile necessarily traveled in the | 6406 |
performance of official duties. | 6407 |
Sec. 179.03. (A) The Ohio commission on dispute resolution | 6408 |
and conflict management shall do all of the following: | 6409 |
(1) Appoint and set the compensation of an executive | 6410 |
director, who shall serve at the pleasure of the commission; | 6411 |
(2) Establish and maintain a central office; | 6412 |
(3) Adopt rules to govern the application for, and the | 6413 |
awarding of, grants made available by the commission under | 6414 |
sections 179.01 to 179.04 of the Revised Code out of the dispute | 6415 |
resolution and conflict management commission gifts, grants, and | 6416 |
reimbursements fund established by division (C) of this section; | 6417 |
(4) Seek, solicit, and apply for grants from any public or | 6418 |
private source to provide for the operation of dispute resolution | 6419 |
and conflict management programs in this state; | 6420 |
(5) Adopt standards for the evaluation of dispute resolution | 6421 |
and conflict management programs funded pursuant to sections | 6422 |
179.01 to 179.04 of the Revised Code; | 6423 |
(6) Provide technical aid and assistance to dispute | 6424 |
resolution and conflict management programs, to centers that | 6425 |
provide these programs, and to public and private agencies and | 6426 |
organizations that provide these programs or engage in dispute | 6427 |
resolution and conflict management
| 6428 |
(7) Approve an annual operating budget; | 6429 |
(8) Prepare an annual report on the operation of the | 6430 |
commission and the office established by the commission, and | 6431 |
provide the report to the governor, the supreme court, and the | 6432 |
general assembly. | 6433 |
(B) The commission may do any of the following: | 6434 |
(1) Receive and accept donations, grants, awards, bequests, | 6435 |
gifts, reimbursements, and similar funds from any lawful source; | 6436 |
(2) Accept the services of volunteer workers and consultants | 6437 |
at no compensation, other than reimbursement for actual and | 6438 |
necessary expenses incurred in the performance of their official | 6439 |
duties, and reimburse any volunteer workers or consultants for | 6440 |
their actual and necessary expenses so incurred; | 6441 |
(3) Prepare and publish statistical data and case studies | 6442 |
and other data pertinent to the development, operation, and | 6443 |
evaluation of dispute resolution and conflict management programs | 6444 |
and centers that provide these programs or engage in dispute | 6445 |
resolution and conflict management services; | 6446 |
(4) Conduct programs that have a general objective of | 6447 |
training and educating mediators and other persons engaged in | 6448 |
providing dispute resolution and conflict management services; | 6449 |
(5) Develop programs and curricula that are designed to | 6450 |
provide dispute resolution and conflict management training and | 6451 |
education for public and private education, as well as other | 6452 |
appropriate education forums; | 6453 |
(6) Enter into contracts for dispute resolution and conflict | 6454 |
management services or authorize the executive director to enter | 6455 |
into those contracts. | 6456 |
(C) There is hereby established in the state treasury the | 6457 |
dispute resolution and conflict management commission gifts, | 6458 |
grants, and reimbursements fund. All donations, grants, awards, | 6459 |
bequests, gifts,
| 6460 |
the commission under this section shall be deposited in the fund. | 6461 |
Sec. 179.04. (A) No person shall be appointed executive | 6462 |
director of the Ohio commission on dispute resolution and conflict | 6463 |
management unless the person is trained in law, public affairs, | 6464 |
business administration, or social sciences and the person has | 6465 |
experience in administering dispute resolution and conflict | 6466 |
management programs or services. The executive director appointed | 6467 |
by the commission shall serve at the pleasure of the commission. | 6468 |
(B) The executive director shall do both of the following: | 6469 |
(1) Appoint and set the compensation of personnel who are | 6470 |
necessary for the efficient operation of the office established by | 6471 |
the commission, with the approval of the commission; | 6472 |
(2) Keep and maintain financial records pertaining to the | 6473 |
awarding of grants and contracts authorized
| 6474 |
sections 179.01 to 179.04 of the Revised Code, and report | 6475 |
periodically, but not less than annually, to the commission on all | 6476 |
relevant data pertaining to the operations, costs, and projected | 6477 |
needs of the office established by the commission and on | 6478 |
recommendations for legislation or amendments to court rules that | 6479 |
may be appropriate to improve dispute resolution and conflict | 6480 |
management programs. | 6481 |
(C) The executive director may do any of the following: | 6482 |
(1) Make all necessary arrangements to coordinate the | 6483 |
services of the office established by the commission with any | 6484 |
federal, state, county, municipal, township, or private entity or | 6485 |
program established to provide dispute resolution and conflict | 6486 |
management services and to obtain and provide all funds allowable | 6487 |
from any such entity or under any such
| 6488 |
(2) Consult and cooperate with professional groups concerned | 6489 |
with the study, development, implementation, and evaluation of | 6490 |
dispute resolution and conflict management programs and services | 6491 |
and the operation of the
| 6492 |
6493 |
(3) Accept the services of volunteer workers and consultants | 6494 |
at no compensation, other than reimbursement for actual and | 6495 |
necessary expenses incurred in the performance of their official | 6496 |
duties, and provide for the reimbursement of any volunteer workers | 6497 |
or consultants for their actual and necessary expenses so | 6498 |
incurred; | 6499 |
(4) Prescribe any forms that are necessary for the uniform | 6500 |
operation of sections 179.01 to 179.04 of the Revised Code; | 6501 |
(5) With the authorization of the commission, enter into | 6502 |
contracts for dispute resolution and conflict management services. | 6503 |
Sec. 181.51. As used in sections 181.51 to 181.56 of the | 6504 |
Revised Code: | 6505 |
(A) "Federal criminal justice acts" means any federal law | 6506 |
that authorizes financial assistance and other forms of assistance | 6507 |
to be given by the federal government to the states to be used for | 6508 |
the improvement of the criminal and juvenile justice systems of | 6509 |
the states. | 6510 |
(B)(1) "Criminal justice system" includes all of the | 6511 |
functions of the following: | 6512 |
(a) The state highway patrol, county sheriff offices, | 6513 |
municipal and township police departments, and all other law | 6514 |
enforcement agencies; | 6515 |
(b) The courts of appeals, courts of common pleas, municipal | 6516 |
courts, county courts, and mayor's courts, when dealing with | 6517 |
criminal cases; | 6518 |
(c) The prosecuting attorneys, city directors of law, | 6519 |
village solicitors, and other prosecuting authorities when | 6520 |
prosecuting or otherwise handling criminal cases and the county | 6521 |
and joint county public defenders and other public defender | 6522 |
agencies or offices; | 6523 |
(d) The department of rehabilitation and correction, | 6524 |
probation departments, county and municipal jails and workhouses, | 6525 |
and any other department, agency, or facility that is concerned | 6526 |
with the rehabilitation or correction of criminal offenders; | 6527 |
(e) Any public or private agency whose purposes include the | 6528 |
prevention of crime or the diversion, adjudication, detention, or | 6529 |
rehabilitation of criminal offenders; | 6530 |
(f) Any public or private agency, the purposes of which | 6531 |
include assistance to crime victims or witnesses. | 6532 |
(2) The inclusion of any public or private agency, the | 6533 |
purposes of which include assistance to crime victims or | 6534 |
witnesses, as part of the criminal justice system pursuant to | 6535 |
division (B)(1) of this section does not limit, and shall not be | 6536 |
construed as limiting, the discretion or authority of the attorney | 6537 |
general with respect to crime victim assistance and criminal | 6538 |
justice programs. | 6539 |
(C) "Juvenile justice system" includes all of the functions | 6540 |
of the juvenile courts, the department of youth services, any | 6541 |
public or private agency whose purposes include the prevention of | 6542 |
delinquency or the diversion, adjudication, detention, or | 6543 |
rehabilitation of delinquent children, and any of the functions of | 6544 |
the criminal justice system that are applicable to children. | 6545 |
(D) "Comprehensive plan" means a document that coordinates, | 6546 |
evaluates, and otherwise assists, on an annual or multi-year | 6547 |
basis,
| 6548 |
justice systems of the state or a specified area of the state, | 6549 |
that conforms to the priorities of the state with respect to | 6550 |
criminal and juvenile justice systems, and that conforms with the | 6551 |
requirements of all federal criminal justice acts. These | 6552 |
functions
may include, but are not limited to,
| 6553 |
following: | 6554 |
(1) Crime and delinquency prevention; | 6555 |
(2) Identification, detection, apprehension, and detention | 6556 |
of persons charged with criminal offenses or delinquent acts; | 6557 |
(3) Assistance to crime victims or witnesses, except that | 6558 |
the comprehensive plan does not include the functions of the | 6559 |
attorney general pursuant to sections 109.91 and 109.92 of the | 6560 |
Revised Code; | 6561 |
(4) Adjudication or diversion of persons charged with | 6562 |
criminal offenses or delinquent acts; | 6563 |
(5) Custodial treatment of criminal offenders
| 6564 |
delinquent children, or both; | 6565 |
(6) Institutional and noninstitutional rehabilitation of | 6566 |
criminal offenders
| 6567 |
(E) "Metropolitan county criminal justice services agency" | 6568 |
means an agency that is established pursuant to division (A) of | 6569 |
section 181.54 of the Revised Code. | 6570 |
(F) "Administrative planning district" means a district that | 6571 |
is established pursuant to division (A) or (B) of section 181.56 | 6572 |
of the Revised Code. | 6573 |
(G) "Criminal justice coordinating council" means a criminal | 6574 |
justice services agency that is established pursuant to division | 6575 |
| 6576 |
(H) "Local elected official" means any person who is a member | 6577 |
of a board of county commissioners or township trustees or of a | 6578 |
city or village council, judge of the court of common pleas, a | 6579 |
municipal court, or a county court, sheriff, county coroner, | 6580 |
prosecuting attorney, city director of law, village solicitor, or | 6581 |
mayor. | 6582 |
(I) "Juvenile justice coordinating council" means a juvenile | 6583 |
justice services agency that is established pursuant to division | 6584 |
(D) of section 181.56 of the Revised Code. | 6585 |
Sec. 181.52. (A) There is hereby created an office of | 6586 |
criminal justice services. The governor shall appoint a director | 6587 |
of the office, and the director may appoint, within the office, | 6588 |
any professional and technical personnel and other employees that | 6589 |
are necessary to enable the office to comply with sections 181.51 | 6590 |
to 181.56 of the Revised Code. The director and the assistant | 6591 |
director of the office, and all professional and technical | 6592 |
personnel employed within the office who are not public employees | 6593 |
as defined in section 4117.01 of the Revised Code, shall be in the | 6594 |
unclassified civil service, and all other persons employed within | 6595 |
the office shall be in the classified civil service. The director | 6596 |
may enter into any contracts, except contracts governed by Chapter | 6597 |
4117. of the Revised Code, that are necessary for the operation of | 6598 |
the office. | 6599 |
(B) Subject to division
| 6600 |
to divisions (D) to (F) of section 5120.09 of the Revised Code | 6601 |
insofar as those divisions relate to federal criminal justice acts | 6602 |
that the governor requires the department of rehabilitation and | 6603 |
correction to administer, the office of criminal justice services | 6604 |
shall do all of the following: | 6605 |
(1) Serve as the state criminal justice services agency and | 6606 |
perform criminal
| 6607 |
state, including any planning that is required by any federal law; | 6608 |
(2) Collect, analyze, and correlate information and data | 6609 |
concerning the criminal
| 6610 |
state; | 6611 |
(3) Cooperate with and provide technical assistance to state | 6612 |
departments, administrative planning districts, metropolitan | 6613 |
county criminal justice services agencies, criminal justice | 6614 |
coordinating councils, agencies, offices, and departments of the | 6615 |
criminal
| 6616 |
other appropriate organizations and persons; | 6617 |
(4) Encourage and assist agencies, offices, and departments | 6618 |
of the criminal
| 6619 |
and other appropriate organizations and persons to solve problems | 6620 |
that relate to the duties of the office; | 6621 |
(5) Administer within the state any federal criminal justice | 6622 |
acts
| 6623 |
administer; | 6624 |
(6) Administer funds received under the "Family Violence | 6625 |
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 6626 |
10401, as amended, with all powers necessary for the adequate | 6627 |
administration of those funds, including the authority to | 6628 |
establish a family violence prevention and services program. | 6629 |
(7) Implement the state comprehensive plans; | 6630 |
| 6631 |
organizations, and persons that are financed in whole or in part | 6632 |
by funds granted through the office; | 6633 |
| 6634 |
6635 | |
that are financed in whole or in part by funds granted through the | 6636 |
office; | 6637 |
| 6638 |
grants that are made available pursuant to federal criminal | 6639 |
justice acts
| 6640 |
other federal, state, or private sources, to improve the criminal | 6641 |
| 6642 |
such federal grants shall, if the terms under which the money is | 6643 |
received require that the money be deposited into an | 6644 |
interest-bearing fund or account, be deposited in the state | 6645 |
treasury to the credit of the federal program purposes fund, which | 6646 |
is hereby created. All investment earnings of the fund shall be | 6647 |
credited to the fund. | 6648 |
| 6649 |
foundations, corporations, businesses, and persons when necessary | 6650 |
to carry out the duties of the office; | 6651 |
| 6652 |
criminal justice services agencies, administrative planning | 6653 |
districts, and criminal justice coordinating councils in the | 6654 |
state; | 6655 |
| 6656 |
legislation and other significant matters that pertain to the | 6657 |
improvement and reform of criminal and juvenile justice systems in | 6658 |
the state; | 6659 |
| 6660 |
assembly and governor for the improvement of the criminal and | 6661 |
juvenile justice systems in the state; | 6662 |
| 6663 |
requested or required by the governor, attorney general, or | 6664 |
general assembly; | 6665 |
| 6666 |
Code. | 6667 |
(C)
| 6668 |
criminal justice services may do any of the following: | 6669 |
(1) Collect, analyze, or correlate information and data | 6670 |
concerning the juvenile justice system in the state; | 6671 |
(2) Cooperate with and provide technical assistance to state | 6672 |
departments, administrative planning districts, metropolitan | 6673 |
county criminal justice service agencies, criminal justice | 6674 |
coordinating councils, agency offices, and the departments of the | 6675 |
juvenile justice system in the state and other appropriate | 6676 |
organizations and persons; | 6677 |
(3) Encourage and assist agencies, offices, and departments | 6678 |
of the juvenile justice system in the state and other appropriate | 6679 |
organizations and persons to solve problems that relate to the | 6680 |
duties of the office. | 6681 |
(D)
Divisions (B)
and (C) of this section
| 6682 |
the discretion or authority of the attorney general with respect | 6683 |
to crime victim assistance and criminal justice programs. | 6684 |
| 6685 |
alter the status of the office of the attorney general as a | 6686 |
criminal justice services agency. | 6687 |
Sec. 181.54. (A) A county may enter into an agreement with | 6688 |
the largest city within the county to establish a metropolitan | 6689 |
county criminal justice services agency, if the population of the | 6690 |
county exceeds five hundred thousand or the population of the city | 6691 |
exceeds two hundred fifty thousand. | 6692 |
(B) A metropolitan county criminal justice services agency | 6693 |
shall do all of the following: | 6694 |
(1) Accomplish criminal and juvenile justice systems | 6695 |
planning within its services area; | 6696 |
(2) Collect, analyze, and correlate information and data | 6697 |
concerning the criminal and juvenile justice systems within its | 6698 |
services area; | 6699 |
(3) Cooperate with and provide technical assistance to all | 6700 |
criminal and juvenile justice agencies and systems and other | 6701 |
appropriate organizations and persons within its services area; | 6702 |
(4) Encourage and assist agencies of the criminal and | 6703 |
juvenile justice systems and other appropriate organizations and | 6704 |
persons to solve problems that relate to its duties; | 6705 |
(5) Administer within its services area any federal criminal | 6706 |
justice acts or juvenile justice acts that the office of criminal | 6707 |
justice services pursuant to section 5139.11 of the Revised Code | 6708 |
or the department of youth services administers within the state; | 6709 |
(6) Implement the comprehensive plans for its services area; | 6710 |
(7) Monitor or evaluate, within its services area, the | 6711 |
performance of the criminal and juvenile justice systems projects | 6712 |
and programs that are financed in whole or in part by funds | 6713 |
granted through it; | 6714 |
(8) Apply for, allocate, and disburse grants that are made | 6715 |
available pursuant to any federal criminal justice acts, or | 6716 |
pursuant to any other federal, state, or private sources for the | 6717 |
purpose of improving the criminal and juvenile justice systems; | 6718 |
(9) Contract with federal, state, and local agencies, | 6719 |
foundations, corporations, and other businesses or persons to | 6720 |
carry out the duties of the agency. | 6721 |
Sec. 181.55. (A)(1) When funds are available for
| 6722 |
6723 | |
the Revised Code, the office of criminal justice services shall | 6724 |
provide funds to metropolitan county criminal justice services | 6725 |
agencies for the purpose of developing, coordinating, evaluating, | 6726 |
and implementing comprehensive plans within their respective | 6727 |
counties. The office of criminal justice services shall provide | 6728 |
funds to an agency only if it complies with the conditions of | 6729 |
division (B) of this section. | 6730 |
(2) When funds are available for juvenile justice purposes | 6731 |
pursuant to section 181.54 of the Revised Code, the department of | 6732 |
youth services shall provide funds to metropolitan county criminal | 6733 |
justice services agencies for the purpose of developing, | 6734 |
coordinating, evaluating, and implementing comprehensive plans | 6735 |
within their respective counties. The department shall provide | 6736 |
funds to an agency only if it complies with the conditions of | 6737 |
division (B) of this section. | 6738 |
(B) A metropolitan county criminal justice services agency | 6739 |
shall do all of the following: | 6740 |
(1) Submit, in a form that is acceptable to the office of | 6741 |
criminal justice services or the department of youth services | 6742 |
pursuant to section 5139.01 of the Revised Code, a comprehensive | 6743 |
plan for the county; | 6744 |
(2) Establish a metropolitan county criminal justice | 6745 |
services supervisory board whose members shall include a majority | 6746 |
of the local elected officials in the county and representatives | 6747 |
from law enforcement agencies, courts, prosecuting authorities, | 6748 |
public defender agencies, rehabilitation and correction agencies, | 6749 |
community organizations, juvenile justice services agencies, | 6750 |
professionals, and private citizens in the county, and that shall | 6751 |
have the authority set forth in division (C) of this section; | 6752 |
(3) Organize in the manner provided in sections 167.01 to | 6753 |
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code, | 6754 |
unless the board created pursuant to division (B)(2) of this | 6755 |
section organizes pursuant to these sections. | 6756 |
(C) A metropolitan county criminal justice services | 6757 |
supervisory board shall do all of the following: | 6758 |
(1) Exercise leadership in improving the quality of the | 6759 |
criminal and juvenile justice systems in the county; | 6760 |
(2) Review, approve, and maintain general oversight of the | 6761 |
comprehensive plans for the county and the implementation of the | 6762 |
plans; | 6763 |
(3) Review and comment on the overall needs and | 6764 |
accomplishments of the criminal and juvenile justice systems in | 6765 |
the county; | 6766 |
(4) Establish, as required to comply with this division, | 6767 |
task forces, ad hoc committees, and other committees, whose | 6768 |
members shall be appointed by the
| 6769 |
board; | 6770 |
(5) Establish any rules that the board considers necessary | 6771 |
and that are consistent with the federal criminal justice acts and | 6772 |
section 181.52 of the Revised Code. | 6773 |
Sec. 181.56. (A) In counties in which a metropolitan county | 6774 |
criminal justice services agency does not exist, the office of | 6775 |
criminal justice services shall discharge the office's duties that | 6776 |
the governor requires it to administer by establishing | 6777 |
administrative planning districts for criminal justice programs. | 6778 |
An administrative planning district shall contain a group of | 6779 |
contiguous counties in which no county has a metropolitan county | 6780 |
criminal justice services agency. | 6781 |
(B) In counties in which a metropolitan county criminal | 6782 |
justice services agency does not exist, the department of youth | 6783 |
services shall discharge pursuant to section 5139.11 of the | 6784 |
Revised Code the department's duty by establishing administrative | 6785 |
planning districts for juvenile justice programs. | 6786 |
(C) All administrative planning districts shall contain a | 6787 |
group of contiguous counties in which no county has a metropolitan | 6788 |
county criminal justice services agency. | 6789 |
(D) Any county or any combination of contiguous counties | 6790 |
within an administrative planning district may form a criminal | 6791 |
justice coordinating council or a juvenile justice coordinating | 6792 |
council for its respective programs, if the county or the group of | 6793 |
counties has a total population in excess of two hundred fifty | 6794 |
thousand. The council shall comply with the conditions set forth | 6795 |
in divisions (B) and (C) of section 181.55 of the Revised Code, | 6796 |
and exercise within its jurisdiction the powers and duties set | 6797 |
forth in division (B) of section 181.54 of the Revised Code. | 6798 |
Sec. 183.09. The fiscal year of the tobacco use prevention | 6799 |
and control foundation shall be the same as the fiscal year of the | 6800 |
state. | 6801 |
Within ninety days after the end of each fiscal year, the | 6802 |
foundation shall submit to the governor and the general assembly | 6803 |
both of the following: | 6804 |
(A) A report of the activities of the foundation during the | 6805 |
preceding fiscal year and an independent and objective evaluation | 6806 |
of the progress being made by the foundation in reducing tobacco | 6807 |
use by Ohioans; | 6808 |
(B) A financial report of the foundation for the preceding | 6809 |
fiscal year, which shall include both: | 6810 |
(1) Information on the amount and percentage of overhead and | 6811 |
administrative expenditures compared to programmatic expenditures; | 6812 |
(2) An independent auditor's report on the
| 6813 |
basic financial statements and required supplementary information | 6814 |
of the foundation. Such financial statements shall be prepared in | 6815 |
conformity with generally accepted accounting principles | 6816 |
prescribed for governmental entities. | 6817 |
Sec. 183.10. The law enforcement improvements trust fund is | 6818 |
hereby created in the state treasury. Money credited to the fund | 6819 |
shall be used by the attorney general to maintain, upgrade, and | 6820 |
modernize the law enforcement training, law enforcement | 6821 |
technology, and laboratory
| 6822 |
the attorney general. All investment earnings of the fund shall | 6823 |
be credited to the fund. | 6824 |
Sec. 183.17. The fiscal year of the southern Ohio | 6825 |
agricultural and community development foundation shall be the | 6826 |
same as the fiscal year of the state. | 6827 |
Within ninety days after the end of each fiscal year, the | 6828 |
foundation shall submit to the governor and the general assembly | 6829 |
both of the following: | 6830 |
(A) A report of the activities of the foundation during the | 6831 |
preceding fiscal year. The report shall also contain an | 6832 |
independent evaluation of the progress being made by the | 6833 |
foundation in carrying out its duties. | 6834 |
(B) A financial report of the foundation for the preceding | 6835 |
year, which shall include both: | 6836 |
(1) Information on the amount and percentage of overhead and | 6837 |
administrative expenditures compared to programmatic expenditures; | 6838 |
(2) An independent auditor's report on the
| 6839 |
basic financial statements and required supplementary information | 6840 |
of the foundation. Such financial statements shall be prepared in | 6841 |
conformity with generally accepted accounting principles | 6842 |
prescribed for governmental entities. | 6843 |
On or before July 1, 2010, the foundation shall report to the | 6844 |
governor and the general assembly on the progress that the | 6845 |
foundation has made in replacing the production of tobacco in | 6846 |
southern Ohio with the production of other agricultural products | 6847 |
and in mitigating the adverse economic impact of reduced tobacco | 6848 |
production in
the region.
| 6849 |
need for additional funding still exists, the foundation may | 6850 |
request that provision be made for a portion of the payments | 6851 |
credited to the tobacco master settlement agreement fund to | 6852 |
continue to be transferred to the southern Ohio agricultural and | 6853 |
community development trust fund. | 6854 |
Sec. 183.28. The education technology trust fund is hereby | 6855 |
created in the state treasury. Money credited to the fund shall | 6856 |
be used to pay costs of
| 6857 |
6858 | |
6859 | |
6860 | |
6861 | |
commission under section
| 6862 |
investment earnings of the fund shall be credited to the fund. | 6863 |
Sec. 183.30. (A)
| 6864 |
this section, no more than five per cent of the total expenditures | 6865 |
of the tobacco use prevention and control foundation in a fiscal | 6866 |
year shall be for administrative expenses of the foundation. | 6867 |
(B)
| 6868 |
more than five per cent of the total expenditures of the southern | 6869 |
Ohio agricultural and community development foundation in a fiscal | 6870 |
year shall be for administrative expenses of the foundation. | 6871 |
(C)
| 6872 |
more than five per cent of the total expenditures of the | 6873 |
biomedical research and technology transfer commission in a fiscal | 6874 |
year shall be for administrative expenses of the commission. | 6875 |
(D) This section's five per cent limitation on | 6876 |
administrative expenses does not apply in fiscal years 2001 and | 6877 |
2002. | 6878 |
Sec. 301.27. (A) As used in this section: | 6879 |
(1) "Credit card" includes a gasoline credit card and a | 6880 |
telephone credit card. | 6881 |
(2) "Officer" includes an individual who also is an | 6882 |
appointing authority. | 6883 |
(3) "Gasoline and oil expenses," "minor motor vehicle | 6884 |
maintenance expenses," and "emergency motor vehicle repair | 6885 |
expenses" refer to only those expenses incurred for motor vehicles | 6886 |
owned or leased by the county. | 6887 |
(B) A credit card held by a board of county commissioners or | 6888 |
the office of any other county appointing authority shall be used | 6889 |
only to pay work-related
| 6890 |
limited to the following: | 6891 |
(1) Food expenses; | 6892 |
(2) Transportation expenses; | 6893 |
(3) Gasoline and oil | 6894 |
(4) Minor
motor
vehicle maintenance | 6895 |
(5) Emergency motor vehicle repair | 6896 |
6897 |
(6) Telephone expenses; | 6898 |
(7) Lodging expenses; | 6899 |
(8) Internet service provider expenses; | 6900 |
(9) In the case of a public children services agency, | 6901 |
expenses for purchases for children for whom the agency is | 6902 |
providing temporary emergency care pursuant to section 5153.16 of | 6903 |
the Revised Code, children in the temporary or permanent custody | 6904 |
of the agency, and children in a planned permanent living | 6905 |
arrangement. | 6906 |
(C) A county appointing authority may apply to the board of | 6907 |
county commissioners for authorization to have an officer or | 6908 |
employee of the appointing authority use a credit card held by | 6909 |
that appointing authority. The authorization request shall state | 6910 |
whether the card is to be issued only in the name of the office of | 6911 |
the appointing authority itself or whether the issued card shall | 6912 |
also include the name of a specified officer or employee. | 6913 |
(D) The debt incurred as a result of the use of a credit | 6914 |
card pursuant to this section shall be paid from moneys | 6915 |
appropriated to the appointing authority for work-related
| 6916 |
6917 | |
6918 | |
6919 |
(E)(1) Except as otherwise provided in division (E)(2) of | 6920 |
this section, every officer or employee authorized to use a credit | 6921 |
card held by the board or appointing authority shall submit to the | 6922 |
board by the first day of each month an estimate of the officer's | 6923 |
or employee's work-related
| 6924 |
6925 | |
6926 | |
in division (B) of this section for that month, unless the board | 6927 |
authorizes, by resolution, the officer or employee to submit to | 6928 |
the board such an estimate for a period longer than one month. The | 6929 |
board may revise the estimate and determine the amount it | 6930 |
approves, if any, not to exceed the estimated amount. The board | 6931 |
shall certify the amount of its determination to the county | 6932 |
auditor along with the necessary information for the auditor to | 6933 |
determine the appropriate appropriation line item from which such | 6934 |
expenditures are to be made. After receiving certification from | 6935 |
the county auditor that the determined sum of money is in the | 6936 |
treasury or in the process of collection to the credit of the | 6937 |
appropriate appropriation line item for which the credit card is | 6938 |
approved for use, and is free from previous and then-outstanding | 6939 |
obligations or certifications, the board shall authorize the | 6940 |
officer or employee to incur debt for such expenses against the | 6941 |
county's credit up to the authorized amount. | 6942 |
(2) In lieu of following the procedure set forth in division | 6943 |
(E)(1) of this section, a board of county commissioners may adopt | 6944 |
a resolution authorizing an officer or employee of an appointing | 6945 |
authority to use a county credit card to pay for specific classes | 6946 |
of the work-related expenses listed in division (B) of this | 6947 |
section, or use a specific credit card for any of those | 6948 |
work-related expenses listed in division (B) of this section, | 6949 |
without submitting an estimate of those expenses to the board as | 6950 |
required by division (E)(1) of this section. Prior to adopting | 6951 |
the resolution, the board shall notify the county auditor. The | 6952 |
resolution shall specify whether the officer's or employee's | 6953 |
exemption extends to the use of a specific card, which card shall | 6954 |
be identified by its number, or to one or more specific | 6955 |
work-related uses from the classes of uses permitted under | 6956 |
division (B) of this section. Before any credit card exempted for | 6957 |
specific uses may be used to make purchases for uses other than | 6958 |
those specific uses listed in the resolution, the procedures | 6959 |
outlined in division (E)(1) of this section must be followed or | 6960 |
the use shall be considered an unauthorized use. Use of any | 6961 |
credit card under division (E)(2) of this section shall be limited | 6962 |
to the amount appropriated and encumbered in a specific | 6963 |
appropriation line item for the permitted use or uses designated | 6964 |
in the authorizing resolution, or, in the case of a resolution | 6965 |
that authorizes use of a specific credit card, for each of the | 6966 |
permitted uses listed in division (B) of this section, but only to | 6967 |
the extent the moneys in such appropriations are not otherwise | 6968 |
encumbered. | 6969 |
(F)(1) Any time a county credit card approved for use for an | 6970 |
authorized amount under division (E)(1) of this section is used | 6971 |
for more than that authorized amount, the appointing authority may | 6972 |
request the board of county commissioners to authorize after the | 6973 |
fact the expenditure of any amount charged beyond the originally | 6974 |
authorized amount if, upon the board's request, the county auditor | 6975 |
certifies that sum of money is in the treasury or in the process | 6976 |
of collection to the credit of the appropriate appropriation line | 6977 |
item for which the credit card was used and is free from previous | 6978 |
and then-outstanding obligations or certifications. If the card | 6979 |
is used for more than the amount originally authorized and if for | 6980 |
any reason that amount is not authorized after the fact, then the | 6981 |
county treasury shall be reimbursed for any amount spent beyond | 6982 |
the originally authorized amount in the following manner: | 6983 |
(a) If the card is issued in the name of a specific officer | 6984 |
or employee, then that officer or employee is liable in person and | 6985 |
upon any official bond the officer or employee has given to the | 6986 |
county to reimburse the county treasury for the amount charged to | 6987 |
the county beyond the originally authorized amount. | 6988 |
(b) If the card was issued to the office of the appointing | 6989 |
authority, then the appointing authority is liable in person and | 6990 |
upon any official bond the appointing authority has given to the | 6991 |
county for the amount charged to the county beyond the originally | 6992 |
authorized amount. | 6993 |
(2) Any time a county credit card authorized for use under | 6994 |
division (E)(2) of this section is used for more than the amount | 6995 |
appropriated under that division, the appointing authority may | 6996 |
request the board of county commissioners to issue a supplemental | 6997 |
appropriation or make a transfer to the proper line item account | 6998 |
as permitted in section 5705.40 of the Revised Code, to cover the | 6999 |
amount charged beyond the originally appropriated amount. If the | 7000 |
card is used for more than the amount originally appropriated and | 7001 |
if for any reason that amount is not appropriated or transferred | 7002 |
as permitted by this section, then the county treasury shall be | 7003 |
reimbursed for any amount spent beyond the originally appropriated | 7004 |
amount in the following manner: | 7005 |
(a) If the card is issued in the name of a specific officer | 7006 |
or employee, then that officer or employee is liable in person and | 7007 |
upon any official bond the officer or employee has given to the | 7008 |
county for reimbursing the county treasury for any amount charged | 7009 |
on the card beyond the originally appropriated amount. | 7010 |
(b) If the card is issued in the name of the office of the | 7011 |
appointing authority, then the appointing authority is liable in | 7012 |
person and upon any official bond the appointing authority has | 7013 |
given to the county for reimbursement for any amount charged on | 7014 |
the card beyond the originally appropriated amount. | 7015 |
(3) Whenever any officer or employee authorized to use a | 7016 |
credit card held by the board or the office of any other county | 7017 |
appointing authority suspects the loss, theft, or possibility of | 7018 |
unauthorized use of the county credit card the officer or employee | 7019 |
is authorized to use, the officer or employee shall so notify the | 7020 |
officer's or employee's appointing authority or the board | 7021 |
immediately and in writing. | 7022 |
(4) If the county auditor determines there has been a credit | 7023 |
card expenditure beyond the appropriated or authorized amount as | 7024 |
provided in division (E) of this section, the auditor immediately | 7025 |
shall notify the board of county commissioners of this fact. When | 7026 |
the board of county commissioners determines on its own or after | 7027 |
notification from the county auditor that the county treasury | 7028 |
should be reimbursed for credit card expenditures beyond the | 7029 |
appropriated or authorized amount as provided in divisions (F)(1) | 7030 |
and (2) of this section, it shall give written notice to the | 7031 |
officer or employee or appointing authority liable to the treasury | 7032 |
as provided in divisions (F)(1) and (2) of this section. If, | 7033 |
within thirty days after issuance of this written notice the | 7034 |
county treasury is not reimbursed for the amount shown on the | 7035 |
written notice, the prosecuting attorney of the county shall | 7036 |
recover that amount from the officer or employee or appointing | 7037 |
authority who is liable under this section by civil action in any | 7038 |
court of appropriate jurisdiction. | 7039 |
(G) Use of a county credit card for any use other than those | 7040 |
permitted under division (B) of this section is a violation of law | 7041 |
for the purposes of section 2913.21 of the Revised Code. | 7042 |
Sec. 313.091. In connection with the performance of duties | 7043 |
| 7044 |
coroner, or representative of a coroner or deputy coroner may | 7045 |
request, in writing, to inspect and receive a copy of the deceased | 7046 |
person's medical and psychiatric records. The person to whom the | 7047 |
request is delivered shall make such records in the person's | 7048 |
custody available during normal business hours to the coroner, | 7049 |
deputy coroner, or representative for purposes of inspection and | 7050 |
copying. A person who provides copies of medical or psychiatric | 7051 |
records pursuant to a request made under this section may request, | 7052 |
in writing, reimbursement in a specified amount for the necessary | 7053 |
and reasonable costs of copying the records, in which case the | 7054 |
coroner, deputy coroner, or representative shall remit that amount | 7055 |
to the person upon receipt of the copies. | 7056 |
Any medical or psychiatric record provided to a coroner, | 7057 |
deputy coroner, or representative of a coroner or deputy coroner | 7058 |
under this section is not a public record subject to section | 7059 |
149.43 of the Revised Code. The release of a deceased person's | 7060 |
medical or psychiatric records to a coroner, deputy coroner, or | 7061 |
representative of a coroner or deputy coroner in accordance with | 7062 |
this section does not violate division (B)(4) of section 4731.22 | 7063 |
or section 5122.31 of the Revised Code. | 7064 |
As used in this section and section 313.10 of the Revised | 7065 |
Code, "medical record" has the same meaning as in division (A)(3) | 7066 |
of section 149.43 of the Revised Code. | 7067 |
Sec. 325.071. There shall be allowed annually to the | 7068 |
sheriff, in addition to all salary and allowances otherwise | 7069 |
provided by law, an amount equal to one-half of the official | 7070 |
salary allowed
under
| 7071 |
section 325.18 of the Revised Code, to provide for expenses that | 7072 |
the sheriff incurs in the performance of the sheriff's official | 7073 |
duties and in the furtherance of justice. Upon the order of the | 7074 |
sheriff, the county auditor shall draw the auditor's warrant on | 7075 |
the county treasurer, payable to the sheriff or any other person | 7076 |
as the order designates, for the amount the order requires. The | 7077 |
amounts the order requires, not exceeding the amount provided by | 7078 |
this section, shall be paid out of the general fund of the county. | 7079 |
Nothing shall be paid under this section until the sheriff | 7080 |
gives bond to the state in an amount not less than the sheriff's | 7081 |
official salary, to be fixed by the court of common pleas or the | 7082 |
probate court, with sureties to be approved by either of those | 7083 |
courts. The bond shall be conditioned that the sheriff will | 7084 |
faithfully discharge all the duties enjoined upon the sheriff, and | 7085 |
pay over all moneys the sheriff receives in an official capacity. | 7086 |
The bond, with the approval of the court of common pleas or the | 7087 |
probate court of the amount of the bond and the sureties on the | 7088 |
bond, shall be deposited with the county treasurer. | 7089 |
The sheriff annually, before the first Monday of January, | 7090 |
shall file with the county auditor an itemized statement, verified | 7091 |
by the sheriff, as to the manner in which the fund provided by | 7092 |
this section has been expended during the current year, and, if | 7093 |
any part of that fund remains in the sheriff's hands unexpended, | 7094 |
forthwith shall pay the remainder into the county treasury. | 7095 |
Sec. 329.042. The county department of job and family | 7096 |
services shall certify public assistance and nonpublic assistance | 7097 |
households eligible under the "Food Stamp Act of 1964," 78 Stat. | 7098 |
703, 7 U.S.C.A. 2011, as amended, and federal and state | 7099 |
regulations adopted pursuant to such act, to enable low-income | 7100 |
households to participate in the food stamp program and thereby to | 7101 |
purchase foods having a greater monetary value than is possible | 7102 |
under public assistance standard allowances or other low-income | 7103 |
budgets. | 7104 |
The county department of job and family services shall | 7105 |
administer
the distribution of food stamp
| 7106 |
the supervision of
the department of job and family services.
| 7107 |
7108 | |
7109 | |
7110 | |
of job and family services in accordance with the "Food Stamp Act | 7111 |
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and | 7112 |
regulations issued thereunder. | 7113 |
The document referred to as the "authorization-to-participate | 7114 |
card," which shows the face value
of the
| 7115 |
an eligible household is entitled to receive on presentment of the | 7116 |
document, shall be issued, immediately upon certification, to a | 7117 |
household determined under division (C) of section 5101.54 of the | 7118 |
Revised Code to be in immediate need of food assistance by being | 7119 |
personally handed by a member of the staff of the county | 7120 |
department of job and family services to the member of the | 7121 |
household in whose name application was made for participation in | 7122 |
the program or the authorized representative of such member of the | 7123 |
household. | 7124 |
| 7125 |
persons are eligible for
| 7126 |
| 7127 |
administered by the county department of job and family services, | 7128 |
the county department may issue an identification card
| 7129 |
7130 | |
7131 | |
7132 | |
7133 | |
7134 | |
7135 | |
The
county department
| 7136 |
the card's material, design, and informational content, which | 7137 |
| 7138 |
signature, and shall prescribe the procedure by which it is | 7139 |
issued. | 7140 |
| 7141 |
7142 | |
7143 | |
7144 | |
7145 | |
7146 | |
7147 | |
7148 |
| 7149 |
7150 |
| 7151 |
7152 | |
7153 |
| 7154 |
7155 | |
7156 | |
7157 | |
In issuing identification cards under this section, the | 7158 |
county department shall comply with any state or federal laws | 7159 |
governing the issuance of the cards. All expenses incurred in | 7160 |
issuing the
| 7161 |
shall be paid from funds
| 7162 |
department
| 7163 |
Sec. 340.16. Not later than ninety days after the effective | 7164 |
date of this section, the department of mental health and the | 7165 |
department of job and family services shall adopt rules that | 7166 |
establish requirements and procedures for prior notification and | 7167 |
service coordination between public children services agencies and | 7168 |
boards of alcohol, drug addiction, and mental health services when | 7169 |
a public children services agency refers a child in its custody to | 7170 |
a board for services funded by the board. The rules shall be | 7171 |
adopted in accordance with Chapter 119. of the Revised Code. | 7172 |
The department of mental health and department of job and | 7173 |
family services shall collaborate in formulating a plan that | 7174 |
delineates the funding responsibilities of public children | 7175 |
services agencies and boards of alcohol, drug addiction, and | 7176 |
mental health services for services provided under section | 7177 |
5111.022 of the Revised Code to children in the custody of public | 7178 |
children services agencies. The departments shall complete the | 7179 |
plan not later than ninety days after the effective date of this | 7180 |
section. | 7181 |
Sec. 349.01. As used in this chapter: | 7182 |
(A) "New community" means a community or an addition to an | 7183 |
existing community planned pursuant to this chapter so that it | 7184 |
includes facilities for the conduct of industrial, commercial, | 7185 |
residential, cultural, educational, and recreational activities, | 7186 |
and designed in accordance with planning concepts for the | 7187 |
placement of utility, open space, and other supportive facilities. | 7188 |
(B) "New community development program" means a program for | 7189 |
the development of a new community characterized by well-balanced | 7190 |
and diversified land use patterns and which includes land | 7191 |
acquisition and land development, the acquisition, construction, | 7192 |
operation, and maintenance of community facilities, and the | 7193 |
provision of services authorized in
| 7194 |
7195 |
(C) "New community district" means the area of land described | 7196 |
by the developer in the petition as set forth in division (A) of | 7197 |
section 349.03 of the Revised Code for development as a new | 7198 |
community and any lands added to
| 7199 |
the resolution establishing the community authority. | 7200 |
(D) "New community authority" means a body corporate and | 7201 |
politic in this state, established pursuant to section 349.03 of | 7202 |
the Revised Code and governed by a board of trustees as provided | 7203 |
in section 349.04 of the Revised Code. | 7204 |
(E) "Developer" means any person, organized for carrying out | 7205 |
a new community development program who owns or controls, through | 7206 |
leases of at least seventy-five years' duration, options, or | 7207 |
contracts to purchase, the land within a new community district, | 7208 |
or any
| 7209 |
authority that owns the land within a new community district, or | 7210 |
has the ability to acquire such land, either by voluntary | 7211 |
acquisition or condemnation in order to eliminate slum, blighted, | 7212 |
and deteriorated or deteriorating areas and to prevent the | 7213 |
recurrence thereof. | 7214 |
(F) "Organizational board of commissioners" means, if the new | 7215 |
community district is located in only one county, the board of | 7216 |
county commissioners of such county; if located in more than one | 7217 |
county, a board consisting of the members of the board of county | 7218 |
commissioners of each of the counties in which the district is | 7219 |
located, provided that action of such board shall require a | 7220 |
majority vote of the members of each separate board of county | 7221 |
commissioners; or, if more than half of the new community district | 7222 |
is located within the boundaries of the most populous municipal | 7223 |
corporation of a county, the legislative authority of the | 7224 |
municipal corporation. | 7225 |
(G) "Land acquisition" means the acquisition of real property | 7226 |
and interests in real property as part of a new community | 7227 |
development program. | 7228 |
(H) "Land development" means the process of clearing and | 7229 |
grading land, making, installing, or constructing water | 7230 |
distribution systems, sewers, sewage collection systems, steam, | 7231 |
gas, and electric lines, roads, streets, curbs, gutters, | 7232 |
sidewalks, storm drainage facilities, and other installations or | 7233 |
work, whether within or without the new community district, and | 7234 |
the construction of community facilities. | 7235 |
(I) "Community facilities" means all real property, | 7236 |
buildings, structures, or other facilities, including related | 7237 |
fixtures, equipment, and furnishings, to be owned, operated, | 7238 |
financed, constructed, and maintained under this chapter, | 7239 |
including public, community, village, neighborhood, or town | 7240 |
buildings, centers and plazas, auditoriums, day care centers, | 7241 |
recreation halls, educational facilities, hospital facilities as | 7242 |
defined in section 140.01 of the Revised Code, recreational | 7243 |
facilities, natural resource facilities, including parks and other | 7244 |
open space land, lakes and streams, cultural facilities, community | 7245 |
streets, pathway and bikeway systems, pedestrian underpasses and | 7246 |
overpasses, lighting facilities, design amenities, or other | 7247 |
community facilities, and buildings needed in connection with | 7248 |
water supply or sewage disposal installations or steam, gas, or | 7249 |
electric lines or installation. | 7250 |
(J) "Cost" as applied to a new community development program | 7251 |
means all costs related to land acquisition and land development, | 7252 |
the acquisition, construction, maintenance, and operation of | 7253 |
community facilities and offices of the community authority, and | 7254 |
of providing furnishings and equipment therefor, financing charges | 7255 |
including interest prior to and during construction and for the | 7256 |
duration of the new community development program, planning | 7257 |
expenses, engineering expenses, administrative expenses including | 7258 |
working capital, and all other expenses necessary and incident to | 7259 |
the carrying forward of the new community development program. | 7260 |
(K) "Income source" means any and all sources of income to | 7261 |
the community authority, including community development charges | 7262 |
of which the new community authority is the beneficiary as | 7263 |
provided in section 349.07 of the Revised Code, rentals, user fees | 7264 |
and other charges received by the new community authority, any | 7265 |
gift or grant received, any moneys received from any funds | 7266 |
invested by or on behalf of the new community authority, and | 7267 |
proceeds from the sale or lease of land and community facilities. | 7268 |
(L) "Community development charge" means a dollar amount | 7269 |
which shall be determined on the basis of the assessed valuation | 7270 |
of real property or interests in real property in a new community | 7271 |
district sold, leased, or otherwise conveyed by the developer or | 7272 |
the new community authority, the income of the residents of such | 7273 |
property subject to such charge under section 349.07 of the | 7274 |
Revised Code, if such property is devoted to residential uses or | 7275 |
to the profits of any business, a uniform fee on each parcel of | 7276 |
such real property originally sold, leased, or otherwise conveyed | 7277 |
by the developer or new community authority, or any combination of | 7278 |
the foregoing bases. | 7279 |
(M) "Proximate city" means any city that, as of the date of | 7280 |
filing of the petition under section 349.03 of the Revised Code, | 7281 |
is the most populous city of the county in which the proposed new | 7282 |
community district is located, is the most populous city of an | 7283 |
adjoining county if any portion of such city is within five miles | 7284 |
of any part of the boundaries of such district, or exercises | 7285 |
extraterritorial subdivision authority under section 711.09 of the | 7286 |
Revised Code with respect to any part of such district. | 7287 |
Sec. 503.162. (A) After certification of a resolution as | 7288 |
provided in section 503.161 of the Revised Code, the board of | 7289 |
elections shall submit the question of whether the township's name | 7290 |
shall be changed to the electors of the unincorporated area of the | 7291 |
township in accordance with division (C) of that section, and the | 7292 |
ballot language shall be substantially as follows: | 7293 |
"Shall the township of .......... (name) change its name to | 7294 |
........ (proposed name)? | 7295 |
.......... For name change | 7296 |
.......... Against name change" | 7297 |
(B) At least forty-five days before the election on this | 7298 |
question, the board of township trustees shall provide notice of | 7299 |
the election and an explanation of the proposed name change in a | 7300 |
newspaper of general circulation in the township for three | 7301 |
consecutive weeks and shall post the notice and explanation in | 7302 |
five conspicuous places in the unincorporated area of the | 7303 |
township. | 7304 |
(C) If a majority of the votes cast on the proposition of | 7305 |
changing the township's name is in the affirmative, the name | 7306 |
change is adopted and becomes effective ninety days after the | 7307 |
board of elections certifies the election results to the clerk of | 7308 |
the township. Upon receipt of the certification of the election | 7309 |
results from the board of elections, the clerk of the township | 7310 |
shall send a copy of that certification to the secretary of state | 7311 |
| 7312 |
(D) A change in the name of a township shall not alter the | 7313 |
rights or liabilities of the township as previously named. | 7314 |
Sec. 504.03. (A)(1) If a limited home rule government is | 7315 |
adopted pursuant to section 504.02 of the Revised Code, it shall | 7316 |
remain in effect for at least three years except as otherwise | 7317 |
provided in division (B) of this section. At the end of that | 7318 |
period, if the board of township trustees determines that that | 7319 |
government is not in the best interests of the township, it may | 7320 |
adopt a resolution causing the board of elections to submit to the | 7321 |
electors of the unincorporated area of the township the question | 7322 |
of whether the township should continue the limited home rule | 7323 |
government. The question shall be voted upon at the next general | 7324 |
election occurring at least seventy-five days after the | 7325 |
certification of the resolution to the board of elections. After | 7326 |
certification of the resolution, the board of elections shall | 7327 |
submit the question to the electors of the unincorporated area of | 7328 |
the township, and the ballot language shall be substantially as | 7329 |
follows: | 7330 |
"Shall the township of ........... (name) continue the | 7331 |
limited home rule government under which it is operating? | 7332 |
...... | For continuation of the limited home rule government | 7333 | ||
...... | Against continuation of the limited home rule government" | 7334 |
(2) At least forty-five days before the election on the | 7335 |
question of continuing the limited home rule government, the board | 7336 |
of township trustees shall have notice of the election published | 7337 |
in a newspaper of general circulation in the township for three | 7338 |
consecutive weeks and have the notice posted in five conspicuous | 7339 |
places in the unincorporated area of the township. | 7340 |
(B) The electors of a township that has adopted a limited | 7341 |
home rule government may propose at any time by initiative | 7342 |
petition, in accordance with section 504.14 of the Revised Code, a | 7343 |
resolution submitting to the electors in the unincorporated area | 7344 |
of the township, in an election, the question set forth in | 7345 |
division (A)(1) of this section. | 7346 |
(C) If a majority of the votes cast under division (A) or | 7347 |
(B) of this section on the proposition of continuing the limited | 7348 |
home rule government is in the negative, that government is | 7349 |
terminated effective on the first day of January immediately | 7350 |
following the election, and a limited home rule government shall | 7351 |
not be adopted in the unincorporated area of the township pursuant | 7352 |
to section 504.02 of the Revised Code for at least three years | 7353 |
after that date. | 7354 |
(D) If a limited
home rule government is terminated
| 7355 |
7356 | |
shall adopt a resolution repealing all resolutions adopted | 7357 |
pursuant to this chapter that are not authorized by any other | 7358 |
section of the Revised Code outside this chapter, effective on the | 7359 |
first day of January immediately following the election described | 7360 |
in division (A) or (B) of this section. However, no resolution | 7361 |
adopted under this division shall affect or impair the obligations | 7362 |
of the township under any security issued or contracts entered | 7363 |
into by the township in connection with the financing of any water | 7364 |
supply facility or sewer improvement under sections 504.18 to | 7365 |
504.20 of the Revised Code or the authority of the township to | 7366 |
collect or enforce any assessments or other revenues constituting | 7367 |
security for or source of payments of debt service charges of | 7368 |
those securities. | 7369 |
(E) Upon the termination of a limited home rule government | 7370 |
under this section, if the township had converted its board of | 7371 |
township trustees to a five-member board under section 504.21 of | 7372 |
the Revised Code, the current board member who received the lowest | 7373 |
number of votes of the current board members who were elected at | 7374 |
the most recent election for township trustees, and the current | 7375 |
board member who received the lowest number of votes of the | 7376 |
current board members who were elected at the second most recent | 7377 |
election for township trustees, shall cease to be township | 7378 |
trustees on the date that the limited home rule government | 7379 |
terminates. Their offices likewise shall cease to exist at that | 7380 |
time, and the board shall continue as a three-member board as | 7381 |
provided in section 505.01 of the Revised Code. | 7382 |
Sec. 504.04. (A) A township that adopts a limited home rule | 7383 |
government may do all of the following by resolution, provided | 7384 |
that any of these resolutions, other than a resolution to supply | 7385 |
water or sewer services in accordance with sections 504.18 to | 7386 |
504.20 of the Revised Code, may be enforced only by the imposition | 7387 |
of civil fines as authorized in this chapter: | 7388 |
(1) Exercise all powers of local self-government within the | 7389 |
unincorporated area of the township, other than powers that are in | 7390 |
conflict with general laws, except that the township shall comply | 7391 |
with the requirements and prohibitions of this chapter, and shall | 7392 |
enact no taxes other than those authorized by general law, and | 7393 |
except that no resolution adopted pursuant to this chapter shall | 7394 |
encroach upon the powers, duties, and privileges of elected | 7395 |
township officers or change, alter, combine, eliminate, or | 7396 |
otherwise modify the form or structure of the township government | 7397 |
unless the change is required or permitted by this chapter; | 7398 |
(2) Adopt and enforce within the unincorporated area of the | 7399 |
township local police, sanitary, and other similar regulations | 7400 |
that are not in conflict with general laws or otherwise prohibited | 7401 |
by division (B) of this section; | 7402 |
(3) Supply water and sewer services to users within the | 7403 |
unincorporated area of the township in accordance with sections | 7404 |
504.18 to 504.20 of the Revised Code. | 7405 |
(B) No resolution adopted pursuant to this chapter shall do | 7406 |
any of the following: | 7407 |
(1) Create a criminal offense or impose criminal penalties, | 7408 |
except as authorized by division (A) of this section; | 7409 |
(2) Impose civil fines other than as authorized by this | 7410 |
chapter; | 7411 |
(3) Establish or revise subdivision regulations, road | 7412 |
construction standards, urban sediment rules, or storm water and | 7413 |
drainage regulations; | 7414 |
(4) Establish or revise building standards, building codes, | 7415 |
and other standard codes except as provided in section 504.13 of | 7416 |
the Revised Code; | 7417 |
(5) Increase, decrease, or otherwise alter the powers or | 7418 |
duties of a township under any other chapter of the Revised Code | 7419 |
pertaining to agriculture or the conservation or development of | 7420 |
natural resources; | 7421 |
(6) Establish regulations affecting hunting, trapping, | 7422 |
fishing, or the possession, use, or sale of firearms; | 7423 |
(7) Establish or revise water or sewer regulations, except | 7424 |
in accordance with sections 504.18 and 504.19 of the Revised Code. | 7425 |
Nothing in this chapter shall be construed as affecting the | 7426 |
powers of counties with regard to the subjects listed in divisions | 7427 |
(B)(3) to (5) of this section. | 7428 |
(C) Under a limited home rule government, all officers shall | 7429 |
have the qualifications, and be nominated, elected, or appointed, | 7430 |
as provided in Chapter 505. of the Revised Code, except that the | 7431 |
board of township trustees shall appoint a full-time or part-time | 7432 |
law director pursuant to section 504.15 of the Revised Code, and | 7433 |
except that section 504.21 of the Revised Code also shall apply if | 7434 |
a five-member board of township trustees is approved for the | 7435 |
township. | 7436 |
(D) In case of conflict between resolutions enacted by a | 7437 |
board of township trustees and municipal ordinances or | 7438 |
resolutions, the ordinance or resolution enacted by the municipal | 7439 |
corporation prevails. In case of conflict between resolutions | 7440 |
enacted by a board of township trustees and any county resolution, | 7441 |
the resolution enacted by the board of township trustees prevails. | 7442 |
Sec. 504.21. (A) By a unanimous vote, the board of township | 7443 |
trustees of a limited home rule township may pass a resolution to | 7444 |
place on the ballot at the next general election described in this | 7445 |
division the question of whether the board should be converted | 7446 |
to a five-member board. Upon passage of the resolution, the | 7447 |
question shall be voted upon at the next general election | 7448 |
occurring at least seventy-five days after the board certifies | 7449 |
the resolution to the board of elections. | 7450 |
(B) If a majority of the votes cast on the question of | 7451 |
converting the board of township trustees to a five-member board | 7452 |
is in the affirmative, at the next election at which any members | 7453 |
of the board are elected, two additional board members shall be | 7454 |
elected, one for a four-year term of office and the other for a | 7455 |
two-year term of office. Their successors thereafter shall be | 7456 |
elected for four-year terms of office. | 7457 |
(C) If a board of township trustees is converted to a | 7458 |
five-member board, the board members shall be elected by | 7459 |
determining which individuals receive the highest number of votes | 7460 |
from a slate of candidates running for the office of township | 7461 |
trustee. If the first election after a township converts its | 7462 |
board of township trustees to a five-member board is an election | 7463 |
for three four-year term members and one two-year term member, the | 7464 |
three candidates who receive the highest number of votes from the | 7465 |
slate of candidates for township trustee shall serve a four-year | 7466 |
term and the candidate who receives the fourth highest number of | 7467 |
votes from that slate of candidates shall serve a two-year term. | 7468 |
Sec. 505.24. Each township trustee is entitled to | 7469 |
compensation as follows: | 7470 |
(A) Except as otherwise provided in division (B) of this | 7471 |
section, an amount for each day of service in the business of the | 7472 |
township, to be paid from the township treasury as follows: | 7473 |
(1) In townships having a budget of fifty thousand dollars | 7474 |
or less, twenty dollars per day for not more than two hundred | 7475 |
days; | 7476 |
(2) In townships having a budget of more than fifty thousand | 7477 |
but not more than one hundred thousand dollars, twenty-four | 7478 |
dollars per day for not more than two hundred days; | 7479 |
(3) In townships having a budget of more than one hundred | 7480 |
thousand but not more than two hundred fifty thousand dollars, | 7481 |
twenty-eight dollars and fifty cents per day for not more than two | 7482 |
hundred days; | 7483 |
(4) In townships having a budget of more than two hundred | 7484 |
fifty thousand but not more than five hundred thousand dollars, | 7485 |
thirty-three dollars per day for not more than two hundred days; | 7486 |
(5) In townships having a budget of more than five hundred | 7487 |
thousand but not more than seven hundred fifty thousand dollars, | 7488 |
thirty-five dollars per day for not more than two hundred days; | 7489 |
(6) In townships having a budget of more than seven hundred | 7490 |
fifty thousand but not more than one million five hundred thousand | 7491 |
dollars, forty dollars per day for not more than two hundred days; | 7492 |
(7) In townships having a budget of more than one million | 7493 |
five hundred thousand but not more than three million five hundred | 7494 |
thousand dollars, forty-four dollars per day for not more than two | 7495 |
hundred days; | 7496 |
(8) In townships having a budget of more than three million | 7497 |
five hundred thousand dollars but not more than six million | 7498 |
dollars, forty-eight dollars per day for not more than two hundred | 7499 |
days; | 7500 |
(9) In townships having a budget of more than six million | 7501 |
dollars, fifty-two dollars per day for not more than two hundred | 7502 |
days. | 7503 |
(B) Beginning in calendar year 1999, the amounts paid as | 7504 |
specified in division (A) of this section shall be replaced by the | 7505 |
following amounts: | 7506 |
(1) In calendar year 1999, the amounts specified in division | 7507 |
(A) of this section increased by three per cent; | 7508 |
(2) In calendar year 2000, the amounts determined under | 7509 |
division (B)(1) of this section increased by three per cent; | 7510 |
(3) In calendar year 2001, the amounts determined under | 7511 |
division (B)(2) of this section increased by three per cent; | 7512 |
(4) In calendar year 2002, except in townships having a | 7513 |
budget of more than six million dollars, the amounts determined | 7514 |
under division (B)(3) of this section increased by three per cent; | 7515 |
in townships having a budget of more than six million but not more | 7516 |
than ten million dollars, seventy dollars per day for not more | 7517 |
than two hundred days; and in townships having a budget of more | 7518 |
than ten million dollars, ninety dollars per day for not more than | 7519 |
two hundred days; | 7520 |
(5) In calendar years 2003 through 2008, the amounts | 7521 |
determined under division (B) of this section for the immediately | 7522 |
preceding calendar year increased by the lesser of the following: | 7523 |
(a) Three per cent; | 7524 |
(b) The percentage increase, if any, in the consumer price | 7525 |
index over the twelve-month period that ends on the thirtieth day | 7526 |
of September of the immediately preceding calendar year, rounded | 7527 |
to the nearest one-tenth of one per cent; | 7528 |
(6) In calendar year 2009 and thereafter, the amount | 7529 |
determined under division (B) of this section for calendar year | 7530 |
2008. | 7531 |
As used in division (B) of this section, "consumer price | 7532 |
index" has the same meaning as in section 325.18 of the Revised | 7533 |
Code. | 7534 |
(C) Whenever members of a board of township trustees are | 7535 |
compensated per diem and not by annual salary, the board shall | 7536 |
establish, by resolution, a method by which each member of the | 7537 |
board shall periodically notify the township clerk of the number | 7538 |
of days spent in the service of the township and the kinds of | 7539 |
services rendered on those days. The per diem compensation shall | 7540 |
be paid from the township general fund or from other township | 7541 |
funds in such proportions as the kinds of services performed may | 7542 |
require. The notice shall be filed with the township clerk and | 7543 |
preserved for inspection by any persons interested. | 7544 |
By unanimous vote, a board of township trustees may adopt a | 7545 |
method of compensation consisting of an annual salary to be paid | 7546 |
in equal monthly payments. If the office of trustee is held by | 7547 |
more than one person during any calendar year, each person holding | 7548 |
the office shall receive payments for only those months, and any | 7549 |
fractions of those months, during which the person holds the | 7550 |
office. The amount of the annual salary approved by the board | 7551 |
shall be no more than the maximum amount that could be received | 7552 |
annually by a trustee if the trustee were paid on a per diem basis | 7553 |
as specified in this division, and shall be paid from the township | 7554 |
general fund or from other township funds in such proportions as | 7555 |
the board may specify by resolution. A board of township trustees | 7556 |
that has adopted a salary method of compensation may return to a | 7557 |
method of compensation on a per diem basis as specified in this | 7558 |
division by a majority vote. Any change in the method of | 7559 |
compensation shall be effective on the first day of January of the | 7560 |
year following the year during which the board has voted to change | 7561 |
the method of compensation. | 7562 |
Sec. 507.09. (A) Except as otherwise provided in division | 7563 |
(D) of this section, the township clerk shall be entitled to | 7564 |
compensation as follows: | 7565 |
(1) In townships having a budget of fifty thousand dollars | 7566 |
or less, three thousand five hundred dollars; | 7567 |
(2) In townships having a budget of more than fifty thousand | 7568 |
but not more than one hundred thousand dollars, five thousand five | 7569 |
hundred dollars; | 7570 |
(3) In townships having a budget of more than one hundred | 7571 |
thousand but not more than two hundred fifty thousand dollars, | 7572 |
seven thousand seven hundred dollars; | 7573 |
(4) In townships having a budget of more than two hundred | 7574 |
fifty thousand but not more than five hundred thousand dollars, | 7575 |
nine thousand nine hundred dollars; | 7576 |
(5) In townships having a budget of more than five hundred | 7577 |
thousand but not more than seven hundred fifty thousand dollars, | 7578 |
eleven thousand dollars; | 7579 |
(6) In townships having a budget of more than seven hundred | 7580 |
fifty thousand but not more than one million five hundred thousand | 7581 |
dollars, thirteen thousand two hundred dollars; | 7582 |
(7) In townships having a budget of more than one million | 7583 |
five hundred thousand but not more than three million five hundred | 7584 |
thousand dollars, fifteen thousand four hundred dollars; | 7585 |
(8) In townships having a budget of more than three million | 7586 |
five hundred thousand dollars but not more than six million | 7587 |
dollars, sixteen thousand five hundred dollars; | 7588 |
(9) In townships having a budget of more than six million | 7589 |
dollars, seventeen thousand six hundred dollars. | 7590 |
(B) Any township clerk may elect to receive less than the | 7591 |
compensation the clerk is entitled to under division (A) of this | 7592 |
section. Any clerk electing to do this shall so notify the board | 7593 |
of township trustees in writing, and the board shall include this | 7594 |
notice in the minutes of its next board meeting. | 7595 |
(C) The compensation of the township clerk shall be paid in | 7596 |
equal monthly payments. If the office of clerk is held by more | 7597 |
than one person during any calendar year, each person holding the | 7598 |
office shall receive payments for only those months, and any | 7599 |
fractions of those months, during which the person holds the | 7600 |
office. | 7601 |
(D) Beginning in calendar year 1999, the township clerk | 7602 |
shall be entitled to compensation as follows: | 7603 |
(1) In calendar year 1999, the compensation specified in | 7604 |
division (A) of this section increased by three per cent; | 7605 |
(2) In calendar year 2000, the compensation determined under | 7606 |
division (D)(1) of this section increased by three per cent; | 7607 |
(3) In calendar year 2001, the compensation determined under | 7608 |
division (D)(2) of this section increased by three per cent; | 7609 |
(4) In calendar year 2002, except in townships having a | 7610 |
budget of more than six million dollars, the compensation | 7611 |
determined under division (D)(3) of this section increased by | 7612 |
three per cent; in townships having a budget of more than six | 7613 |
million but not more than ten million dollars, nineteen thousand | 7614 |
eight hundred ten dollars; and in townships having a budget of | 7615 |
more than ten million dollars, twenty thousand nine hundred | 7616 |
dollars; | 7617 |
(5) In calendar years 2003 through 2008, the compensation | 7618 |
determined under division (D) of this section for the immediately | 7619 |
preceding calendar year increased by the lesser of the following: | 7620 |
(a) Three per cent; | 7621 |
(b) The percentage increase, if any, in the consumer price | 7622 |
index over the twelve-month period that ends on the thirtieth day | 7623 |
of September of the immediately preceding calendar year, rounded | 7624 |
to the nearest one-tenth of one per cent; | 7625 |
(6) In calendar year 2009 and thereafter, the amount | 7626 |
determined under division (D) of this section for calendar year | 7627 |
2008. | 7628 |
As used in this division, "consumer price index" has the same | 7629 |
meaning as in section 325.18 of the Revised Code. | 7630 |
Sec. 901.43. (A) The director of agriculture may authorize | 7631 |
any department of agriculture laboratory to perform a laboratory | 7632 |
service for any person, organization, political subdivision, state | 7633 |
agency, federal agency, or other entity, whether public or | 7634 |
private. The director shall adopt and enforce rules to provide | 7635 |
for the rendering of a laboratory service. | 7636 |
(B) The director may charge a reasonable fee for the | 7637 |
performance of a laboratory service, except when the service is | 7638 |
performed on an official sample taken by the director acting | 7639 |
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 7640 |
Revised Code; by a board of health acting as the licensor of | 7641 |
retail food establishments or food service operations under | 7642 |
Chapter 3717. of the Revised Code; or by the director of health | 7643 |
acting as the licensor of food service operations under Chapter | 7644 |
3717. of the Revised Code. The director of agriculture shall | 7645 |
adopt rules specifying what constitutes an official sample. | 7646 |
The director shall publish a list of laboratory services | 7647 |
offered, together with the fee for each service. | 7648 |
(C) The director may enter into a contract with any person, | 7649 |
organization, political subdivision, state agency, federal agency, | 7650 |
or other entity for the provision of a laboratory service. | 7651 |
(D)(1) The director may adopt rules establishing standards | 7652 |
for accreditation of laboratories and laboratory services and in | 7653 |
doing so may adopt by reference existing or recognized standards | 7654 |
or practices. | 7655 |
(2) The director may inspect and accredit laboratories and | 7656 |
laboratory services, and may charge a reasonable fee for the | 7657 |
inspections and accreditation. | 7658 |
(E)(1) All moneys collected by the director under this | 7659 |
section that are from fees generated by a laboratory service | 7660 |
performed by the department and related to the diseases of | 7661 |
animals, and all moneys so collected that are from fees generated | 7662 |
for the inspection and accreditation of laboratories and | 7663 |
laboratory services related to the diseases of animals, shall be | 7664 |
deposited in the animal industry laboratory fund, which is hereby | 7665 |
created in the state treasury. The director shall use the moneys | 7666 |
in the animal industry laboratory fund to pay the expenses | 7667 |
necessary to operate the animal industry laboratory, including the | 7668 |
purchase
of supplies and
equipment
| 7669 |
7670 | |
(2) All moneys collected by the director under this section | 7671 |
that are from fees generated by a laboratory service performed by | 7672 |
the consumer analytical laboratory, and all moneys so collected | 7673 |
that are from fees generated for the inspection and accreditation | 7674 |
of laboratories and laboratory services not related to weights and | 7675 |
measures or the diseases of animals, shall be deposited in the | 7676 |
laboratory services fund, which is hereby created in the state | 7677 |
treasury. The moneys held in the fund may be used to pay the | 7678 |
expenses necessary to operate the consumer analytical laboratory, | 7679 |
including the purchase of supplies and equipment. | 7680 |
(3) All moneys collected by the director under this section | 7681 |
that are from fees generated by a laboratory service performed by | 7682 |
the weights and measures laboratory, and all moneys so collected | 7683 |
that are from fees generated for the inspection and accreditation | 7684 |
of laboratories and laboratory services related to weights and | 7685 |
measures, shall be deposited in the weights and measures | 7686 |
laboratory fund, which is hereby created in the state treasury. | 7687 |
The moneys held in the fund may be used to pay the expenses | 7688 |
necessary to operate the division of weights and measures, | 7689 |
including the purchase of supplies and equipment. | 7690 |
Sec. 901.63. (A) The agricultural financing commission | 7691 |
shall do
both of the following until July 1,
| 7692 |
(1) Make recommendations to the director of agriculture | 7693 |
about financial assistance applications made pursuant to sections | 7694 |
901.80 to 901.83 of the Revised Code. In making its | 7695 |
recommendations, the commission shall utilize criteria established | 7696 |
by rules adopted under division (A)(8)(b) of section 901.82 of the | 7697 |
Revised Code. | 7698 |
(2) Advise the director in the administration of sections | 7699 |
901.80 to 901.83 of the Revised Code. | 7700 |
With respect to sections 901.80 to 901.83 of the Revised | 7701 |
Code, the role of the commission is solely advisory. No officer, | 7702 |
member, or employee of the commission is liable for damages in a | 7703 |
civil action for any injury, death, or loss to person or property | 7704 |
that allegedly arises out of purchasing any loan or providing a | 7705 |
loan guarantee, failure to purchase a loan or provide a loan | 7706 |
guarantee, or failure to take action under sections 901.80 to | 7707 |
901.83 of the Revised Code, or that allegedly arises out of any | 7708 |
act or omission of the department of agriculture that involves | 7709 |
those sections. | 7710 |
(B) The commission may: | 7711 |
(1) Adopt bylaws for the conduct of its business; | 7712 |
(2) Exercise all rights, powers, and duties conferred on the | 7713 |
commission as an issuer under Chapter 902. of the Revised Code; | 7714 |
(3) Contract with, retain, or designate financial | 7715 |
consultants, accountants, and such other consultants and | 7716 |
independent contractors as the commission may determine to be | 7717 |
necessary or appropriate to carry out the purposes of this chapter | 7718 |
and to fix the terms of those contracts; | 7719 |
(4) Undertake and carry out or authorize the completion of | 7720 |
studies and analyses of agricultural conditions and needs within | 7721 |
the state relevant to the purpose of this chapter to the extent | 7722 |
not otherwise undertaken by other departments or agencies of the | 7723 |
state satisfactory for
| 7724 |
(5) Acquire by gift, purchase, foreclosure, or other means, | 7725 |
and hold, assign, pledge, lease, transfer, or otherwise dispose | 7726 |
of, real and personal property, or any interest in that real and | 7727 |
personal property, in the exercise of its powers and the | 7728 |
performance of its duties under this chapter and Chapter 902. of | 7729 |
the Revised Code; | 7730 |
(6) Receive and accept gifts, grants, loans, or any other | 7731 |
financial or other form of aid from any federal, state, local, or | 7732 |
private agency or fund and enter into any contract with any such | 7733 |
agency or fund in connection therewith, and receive and accept aid | 7734 |
or contributions from any other source of money, property, labor, | 7735 |
or things of value, to be held, used, and applied only for the | 7736 |
purposes for which
| 7737 |
within the purposes of this chapter and Chapter 902. of the | 7738 |
Revised Code; | 7739 |
(7) Sue and be sued in its own name with respect to its | 7740 |
contracts or to enforce this chapter or its obligations or | 7741 |
covenants made under this chapter and Chapter 902. of the Revised | 7742 |
Code; | 7743 |
(8) Make and enter into all contracts, commitments, and | 7744 |
agreements, and execute all instruments necessary or incidental to | 7745 |
the performance of its duties and the execution of its powers | 7746 |
under this chapter and Chapter 902. of the Revised Code; | 7747 |
(9) Adopt an official seal; | 7748 |
(10) Do any and all things necessary or appropriate to carry | 7749 |
out the public purposes and exercise the powers granted to the | 7750 |
commission in this chapter and Chapter 902. of the Revised Code | 7751 |
and the public purposes of Section 13 of Article VIII, Ohio | 7752 |
Constitution. | 7753 |
Any instrument by which real property is acquired pursuant to | 7754 |
this section shall identify the agency of the state that has the | 7755 |
use and benefit of the real property as specified in section | 7756 |
5301.012 of the Revised Code. | 7757 |
Sec. 901.81. (A) As used in this section and sections | 7758 |
901.82 and 901.83 of the Revised Code: | 7759 |
(1) "Financial institution" means any banking corporation; | 7760 |
trust company; savings and loan association; building and loan | 7761 |
association; or corporation, partnership, or other institution | 7762 |
that is engaged in lending or investing funds for agricultural or | 7763 |
other business purposes and that is eligible to become a | 7764 |
depository for public moneys under section 135.03 of the Revised | 7765 |
Code. | 7766 |
(2) "Eligible applicant" means a person who has made all of | 7767 |
the demonstrations enumerated in division (B) of section 901.82 of | 7768 |
the Revised Code. | 7769 |
(B) A financial institution that wishes to participate in | 7770 |
the program established under section 901.80 of the Revised Code | 7771 |
shall accept and review applications for loans from eligible | 7772 |
applicants. Forms and procedures involved in the application | 7773 |
process shall comply with rules adopted under division (A)(8)(a) | 7774 |
of section 901.82 of the Revised Code. The financial institution | 7775 |
shall apply all usual lending standards to determine the | 7776 |
creditworthiness of each eligible applicant, including whether the | 7777 |
eligible applicant has the ability to repay the loan and whether | 7778 |
adequate security exists for the loan. | 7779 |
The financial institution shall forward to the department of | 7780 |
| 7781 |
eligible applicant whom the financial institution has determined | 7782 |
to be creditworthy, along with the farm business plan and | 7783 |
management strategy required by division (A)(5) of section 901.82 | 7784 |
of the Revised Code, and any other information required by rules | 7785 |
adopted under division (A)(8) of section 901.82 of the Revised | 7786 |
Code. If a loan guarantee is involved, the financial institution | 7787 |
also shall forward a request by the financial institution to enter | 7788 |
into a contract of guarantee described in section 901.83 of the | 7789 |
Revised Code. | 7790 |
The department
| 7791 |
application in accordance with
| 7792 |
901.82 of the Revised Code. | 7793 |
Sec. 901.82. (A) In administering the program established | 7794 |
under section 901.80 of the Revised Code, the director of | 7795 |
agriculture shall do all of the following: | 7796 |
(1) Receive, review, analyze, and summarize applications for | 7797 |
financial assistance forwarded
to the
director by
| 7798 |
7799 | |
the Revised Code and, after processing, forward them to the | 7800 |
agricultural financing commission together with necessary | 7801 |
supporting information; | 7802 |
(2) Receive the recommendations of the commission made under | 7803 |
division (A)(1) of section 901.63 of the Revised Code and make a | 7804 |
final determination whether
to approve
| 7805 |
financial assistance; | 7806 |
(3) Transmit the director's determinations to approve | 7807 |
assistance to the controlling board together with any information | 7808 |
the controlling board requires for its review and its decision | 7809 |
whether to approve the release of money for the financial | 7810 |
assistance; | 7811 |
(4) Work in conjunction with financial institutions and | 7812 |
other private and public financing sources to purchase loans from | 7813 |
financial institutions or provide loan guarantees to eligible | 7814 |
applicants; | 7815 |
(5) Require each applicant to provide a farm business plan, | 7816 |
including an overview of the type of agricultural operation the | 7817 |
applicant anticipates conducting, and a management strategy for | 7818 |
the project; | 7819 |
(6) Inform agricultural organizations and others in the | 7820 |
state of the existence of the program established under section | 7821 |
901.80 of the Revised Code and of the financial assistance | 7822 |
available under the program; | 7823 |
(7) Report to the governor, president of the senate, speaker | 7824 |
of the house of representatives, and minority leaders of the | 7825 |
senate and the house of representatives by the thirtieth day of | 7826 |
June of each year on the activities carried out under the program | 7827 |
during the preceding calendar year. The report shall include the | 7828 |
number of loans purchased or loan guarantees made that year, the | 7829 |
amount of each such loan or loan guarantee, the county in which | 7830 |
the loan recipient's farm is located, and whatever other | 7831 |
information the director determines is relevant to include. | 7832 |
(8) Adopt rules in accordance with Chapter 119. of the | 7833 |
Revised Code establishing all of the following with regard to the | 7834 |
program: | 7835 |
(a) Forms and procedures by which eligible applicants may | 7836 |
apply for financial assistance; | 7837 |
(b) Criteria for reviewing, evaluating, and ranking | 7838 |
applications, and for approving applications that best serve the | 7839 |
goals of the program; | 7840 |
(c) Reporting requirements and monitoring procedures; | 7841 |
(d) Interest rates, payment schedules, loan transfer | 7842 |
provisions, penalties, including penalties for the conversion of | 7843 |
land devoted exclusively to agricultural use as defined in section | 7844 |
5713.30 of the Revised Code, and other terms and conditions for | 7845 |
loans purchased and loan guarantees provided under the program; | 7846 |
(e) Criteria for determining whether the location at which | 7847 |
the applicant proposes to use financial assistance provided under | 7848 |
the program is in an area in which agriculture is the primary land | 7849 |
use at the time the application is made and whether the land at | 7850 |
that location reasonably may not be expected to be converted to a | 7851 |
nonagricultural use during the period of time that the applicant's | 7852 |
obligation to repay the loan remains outstanding; | 7853 |
(f) Any other rules necessary to implement and administer | 7854 |
the program. | 7855 |
(B) In order to be eligible for financial assistance under | 7856 |
section 901.80 of the Revised Code, an applicant shall demonstrate | 7857 |
all of the following: | 7858 |
(1) That the applicant is domiciled in this state; | 7859 |
(2) That the applicant is unable to obtain sufficient | 7860 |
financing from commercial or agricultural lending sources; | 7861 |
(3) That the applicant has the ability to repay the loan, | 7862 |
primarily from the cash flow of the proposed farming operation, | 7863 |
and that there is adequate security for the loan; | 7864 |
(4) That the applicant has sufficient education, training, | 7865 |
or experience in the type of farming for which the applicant | 7866 |
requests the financial assistance; | 7867 |
(5) That there are no zoning restrictions, environmental | 7868 |
regulations, or other impairments to the use of the land for the | 7869 |
purpose intended; | 7870 |
(6) That the location at which the applicant proposes to use | 7871 |
the financial assistance is in an area in which agriculture is the | 7872 |
primary land use at the time the application is made and that the | 7873 |
land at that location reasonably may not be expected to be | 7874 |
converted to a nonagricultural use during the period of time that | 7875 |
the applicant's obligation to repay the financial assistance | 7876 |
remains outstanding. In demonstrating the information required | 7877 |
under division (B) | 7878 |
utilize criteria established in rules adopted under division | 7879 |
(A)(8)(e) of this section. | 7880 |
Sec. 917.07. The dairy industry fund is hereby created in | 7881 |
the state treasury. All inspection fees and license fees | 7882 |
collected under this chapter shall be deposited into the
fund | 7883 |
| 7884 |
together with all fine moneys received by the treasurer of state | 7885 |
pursuant to division
| 7886 |
and any other moneys collected under this
chapter | 7887 |
7888 | |
7889 |
Moneys credited to the dairy industry fund
| 7890 |
shall be used to operate and pay expenses of the division of dairy | 7891 |
in the department of agriculture. | 7892 |
Sec. 917.99. (A) Whoever violates division (C) of section | 7893 |
917.09 of the Revised Code is guilty of a misdemeanor of the | 7894 |
second degree on a first offense and a misdemeanor of the first | 7895 |
degree on each subsequent offense. | 7896 |
(B) Whoever violates section 917.13 or 917.14 of the Revised | 7897 |
Code is guilty of a misdemeanor of the first degree on a first | 7898 |
offense, a felony of the fifth degree on a second offense, and a | 7899 |
felony of the fourth degree on each subsequent offense. | 7900 |
(C) Whoever violates division (A), (B), (C), (D), or (G) of | 7901 |
section 917.05 of the Revised Code is guilty of a misdemeanor of | 7902 |
the fourth degree. | 7903 |
(D) Whoever violates division (E) or (F) of section 917.05 | 7904 |
of the Revised Code is guilty of a misdemeanor of the second | 7905 |
degree on a first offense and a misdemeanor of the first degree on | 7906 |
each subsequent offense. | 7907 |
(E) Each day of violation of a provision described in | 7908 |
divisions (A) to (D) of this section constitutes a separate | 7909 |
offense. | 7910 |
(F) The court imposing a fine under divisions (A) to (D) of | 7911 |
this section shall order that not less than fifty per cent of the | 7912 |
fine be disbursed to the treasurer of state for deposit into the | 7913 |
dairy industry fund created in section 917.07 of the Revised Code. | 7914 |
Subject to that minimum percentage, the court's order shall | 7915 |
specify the percentage of the fine that the clerk of the court | 7916 |
shall disburse to the treasurer of state. The clerk of the court | 7917 |
shall disburse the remainder of the fine to the county treasurer. | 7918 |
Sec. 1309.40. (A) Presentation for filing of a financing | 7919 |
statement, tender of the filing fee, and acceptance of the | 7920 |
statement by the filing officer constitute filing under sections | 7921 |
1309.01 to 1309.50 of the Revised Code. | 7922 |
(B)(1) Except as provided in divisions (B)(2) and (F) of | 7923 |
this section, a filed financing statement is effective for a | 7924 |
period of five years from the date of filing. The effectiveness | 7925 |
of a filed financing statement lapses on the expiration of the | 7926 |
five-year period unless a continuation statement is filed prior to | 7927 |
the lapse. If a security interest perfected by filing exists at | 7928 |
the time insolvency proceedings are commenced by or against the | 7929 |
debtor, the security interest remains perfected until termination | 7930 |
of the insolvency proceedings and thereafter for a period of sixty | 7931 |
days or until expiration of the five-year period, whichever occurs | 7932 |
later. Upon lapse the security interest becomes unperfected, | 7933 |
unless it is perfected without filing. If the security interest | 7934 |
becomes unperfected upon lapse, it is deemed to have been | 7935 |
unperfected as against a person who became a purchaser or lien | 7936 |
creditor before lapse. | 7937 |
(2) A filed financing statement that states that it relates | 7938 |
to an obligation secured by both (a) a mortgage upon real estate | 7939 |
filed for record within this state and (b) a security interest in | 7940 |
collateral, whether or not such collateral includes or consists of | 7941 |
goods which are or are to become fixtures situated upon such real | 7942 |
estate, shall, if such financing statement states a maturity date | 7943 |
of such obligation, or the final installment thereof, of more than | 7944 |
five years, be fully effective until the maturity date set forth | 7945 |
therein. Such financing statement shall also contain a reference | 7946 |
to the recorder's file number of the mortgage upon real estate or | 7947 |
to the volume and page of the mortgage record in which such | 7948 |
mortgage is recorded. | 7949 |
(C) A continuation statement may be filed by the secured | 7950 |
party within six months prior to the expiration of the five-year | 7951 |
period specified in division (B)(1) of this section, or within six | 7952 |
months prior to the stated maturity date referred to in division | 7953 |
(B)(2) of this section. A continuation statement shall be filed | 7954 |
on a form prescribed by the secretary of state. A continuation | 7955 |
statement filed in the office of the county recorder shall also | 7956 |
comply with Chapter 317. of the Revised Code. The continuation | 7957 |
statement must be signed by the secured party, identify the | 7958 |
original statement by file number, and state that the original | 7959 |
statement is still effective. A continuation statement signed by | 7960 |
a person other than the secured party of record must be | 7961 |
accompanied by a separate written statement of assignment signed | 7962 |
by the secured party of record and complying with division (B) of | 7963 |
section 1309.42 of the Revised Code, including payment of the | 7964 |
required fee. Upon timely filing of the continuation statement, | 7965 |
the effectiveness of the original statement is continued for five | 7966 |
years after the last date to which the filing was effective | 7967 |
whereupon it lapses in the same manner as provided in division (B) | 7968 |
of this section unless another continuation statement is filed | 7969 |
prior to such lapse. Succeeding continuation statements may be | 7970 |
filed in the same manner to continue the effectiveness of the | 7971 |
original statement. The filing officer may remove a lapsed | 7972 |
statement from the files and destroy it immediately if the filing | 7973 |
officer has retained a microfilm or other photographic record, or | 7974 |
in other cases one year after the lapse. The filing officer shall | 7975 |
so arrange matters by physical annexation of financing statements | 7976 |
to continuation statements or other related filings, or by other | 7977 |
means, that if the filing officer physically destroys the | 7978 |
financing statements of a period more than five years past, those | 7979 |
which have been continued by a continuation statement or which are | 7980 |
still effective under division (B)(2) or (F) of this section shall | 7981 |
be retained. | 7982 |
(D) Except as provided in division (G) of this section, a | 7983 |
filing officer shall assign each statement a consecutive file | 7984 |
number and shall hold the statement or a microfilm or other | 7985 |
photographic or digitized copy thereof for public inspection. In | 7986 |
addition, the filing officer shall index the statements according | 7987 |
to the name of the debtor and shall note in the index the file | 7988 |
number, the date and hour of filing, and the address of the debtor | 7989 |
given in the statement. In addition to the indexing required in | 7990 |
the previous sentence, statements covering crops growing or to be | 7991 |
grown or timber to be cut or minerals or the like, including oil | 7992 |
and gas, or accounts subject to division (E) of section 1309.03 of | 7993 |
the Revised Code, or a financing statement filed as a fixture | 7994 |
filing pursuant to section 1309.32 of the Revised Code shall also | 7995 |
be indexed in the real estate mortgage records by the filing | 7996 |
officer according to the name of the debtor or, if the financing | 7997 |
statement shows the record owner or record lessee to be other than | 7998 |
the debtor, then according to the name of the record owner or | 7999 |
record lessee given in the statement. The fee to be charged for | 8000 |
indexing financing statements in the real estate mortgage records | 8001 |
shall be two dollars for each record owner or lessee listed in the | 8002 |
statement, as provided in division (E) of section 317.32 of the | 8003 |
Revised Code. | 8004 |
(E) The fee for filing, indexing, and furnishing filing data | 8005 |
for an original, amended, or
| 8006 |
that is prescribed by the secretary of state shall be
| 8007 |
dollars. The fee for filing, indexing, and furnishing filing data | 8008 |
for an original,
amended, or
| 8009 |
that is not prescribed by the secretary of state and that is filed | 8010 |
in the office of the county recorder shall be eleven dollars. | 8011 |
(F) If the debtor is a transmitting utility and a filed | 8012 |
financing statement so states, it is effective until a termination | 8013 |
statement is filed. A real estate mortgage that is effective as a | 8014 |
fixture filing under division (E) of section 1309.39 of the | 8015 |
Revised Code remains effective as a fixture filing until the | 8016 |
mortgage is released or satisfied of record or its effectiveness | 8017 |
otherwise terminates as to the real estate. | 8018 |
(G) If the person filing any original or amended financing | 8019 |
statement, termination statement, statement of assignment, or | 8020 |
statement of release requests a copy thereof, the filing officer | 8021 |
shall note upon the copy the file number and date and hour of the | 8022 |
filing of the original and deliver or send the copy to such | 8023 |
person. | 8024 |
(H)(1) Upon request of any person, the filing officer shall | 8025 |
issue a certificate showing whether there is on file on the date | 8026 |
and hour stated
| 8027 |
effective financing statement naming a particular debtor, owner, | 8028 |
or lessee | 8029 |
financing statement, and, if there is, giving the date and hour of | 8030 |
filing of each such statement and the names and addresses of each | 8031 |
secured party
| 8032 |
certificate shall be
| 8033 |
8034 | |
8035 |
(2) Upon request,
| 8036 |
officer shall furnish to any person a copy of any filed financing | 8037 |
statement
| 8038 |
filed statement of assignment of the financing statement. When | 8039 |
such a request
| 8040 |
8041 | |
page.
| 8042 |
8043 |
(3) Any person may request from the secretary of state a | 8044 |
copy of any financing statement naming a particular debtor, owner, | 8045 |
or lessee, and of any statement of assignment of the financing | 8046 |
statement, that is on file with the secretary of state. The | 8047 |
request shall be made in writing to the secretary of state, and | 8048 |
the secretary of state shall charge and collect a fee of five | 8049 |
dollars for each copy requested. | 8050 |
Sec. 1309.401.
| 8051 |
8052 | |
8053 | |
8054 | |
8055 | |
8056 | |
secretary of state for filings under Title XIII or XVII of the | 8057 |
Revised Code | 8058 |
credit of the corporate and uniform commercial code filing fund, | 8059 |
which is hereby created.
| 8060 |
8061 | |
| 8062 |
division (B) of this section, shall be used only for the purpose | 8063 |
of paying for the operations of the office of the secretary of | 8064 |
state, other than the division of elections, and for the purpose | 8065 |
of paying for expenses relating to the processing of filings under | 8066 |
Title
XIII or XVII
| 8067 |
8068 |
(B) The secretary of state business technology fund is | 8069 |
hereby created in the state treasury. One per cent of the money | 8070 |
credited to the corporate and uniform commercial code filing fund | 8071 |
shall be transferred to the credit of this fund. All moneys | 8072 |
credited to this fund shall be used only for the upkeep, | 8073 |
improvement, or replacement of equipment, or for the purpose of | 8074 |
training employees in the use of equipment, used to conduct | 8075 |
business of the secretary of state's office under Title XIII or | 8076 |
XVII of the Revised Code. | 8077 |
Sec. 1309.402. The fee for expedited filing service by the | 8078 |
secretary of state
for any filing under this chapter
| 8079 |
8080 | |
(A) of section 111.23 of the Revised Code plus the fee the | 8081 |
secretary of state is otherwise required to collect for the filing | 8082 |
under this chapter. | 8083 |
Sec. 1309.42. (A) A financing statement may disclose an | 8084 |
assignment of a security interest in the collateral described in | 8085 |
the financing statement by indication in the financing statement | 8086 |
of the name and address of the assignee or by an assignment itself | 8087 |
or a copy thereof on the face or back of the statement. On | 8088 |
presentation to the filing officer of such a financing statement, | 8089 |
the filing officer shall proceed as provided in division (D) of | 8090 |
section 1309.40 of the Revised Code. The fee for filing, | 8091 |
indexing, and furnishing filing data for a financing statement so | 8092 |
indicating an assignment shall be
| 8093 |
(B) A secured party may assign of record all or a part of | 8094 |
the secured party's rights under a financing statement by the | 8095 |
filing in the place where the original financing statement was | 8096 |
filed of a separate written statement of assignment. The | 8097 |
statement of assignment shall be on a form prescribed by the | 8098 |
secretary of state, shall be signed by the secured party of | 8099 |
record, shall set forth the name of the secured party of record | 8100 |
and the debtor, the file number and the date of filing of the | 8101 |
financing statement, and the name and address of the assignee, and | 8102 |
shall contain a description of the collateral assigned. A | 8103 |
statement of assignment filed in the office of the county recorder | 8104 |
shall also comply with Chapter 317. of the Revised Code. On | 8105 |
presentation to the filing officer of a separate statement of | 8106 |
assignment, the filing officer shall mark the separate statement | 8107 |
with the date and hour of filing. The filing officer shall note | 8108 |
the assignment on the index of the financing statement, or in the | 8109 |
case of a fixture filing, or a filing covering crops growing or to | 8110 |
be grown or timber to be cut, or covering minerals or the like, | 8111 |
including oil and gas, or accounts subject to division (E) of | 8112 |
section 1309.03 of the Revised Code, the filing officer shall | 8113 |
index the assignment under the name of the assignor as grantor | 8114 |
and, to the extent that the law of this state provides for | 8115 |
indexing the assignment of a mortgage under the name of the | 8116 |
assignee, the filing officer shall index the assignment of the | 8117 |
financing statement under the name of the assignee. The fee for | 8118 |
filing, indexing, and furnishing filing data about such a separate | 8119 |
statement of assignment shall be
| 8120 |
prescribed by the secretary of state. The fee for filing, | 8121 |
indexing, and furnishing filing data about such a separate | 8122 |
statement of assignment on a form that is not prescribed by the | 8123 |
secretary of state and that is filed in the office of the county | 8124 |
recorder shall be eleven dollars. Notwithstanding the provisions | 8125 |
of this division, an assignment of record of a security interest | 8126 |
in a fixture contained in a mortgage effective as a fixture filing | 8127 |
pursuant to division (E) of section 1309.39 of the Revised Code | 8128 |
may be made only by an assignment of the mortgage in the manner | 8129 |
provided by the law of this state other than sections 1309.01 to | 8130 |
1309.50 of the Revised Code. | 8131 |
(C) After the disclosure or filing of an assignment under | 8132 |
this section, the assignee is the secured party of record. | 8133 |
Sec. 1309.525. (A) Except as provided in division (C) of | 8134 |
this section, the fee for filing and indexing a record under | 8135 |
sections 1309.501 to 1309.527 of the Revised Code is twelve | 8136 |
dollars. | 8137 |
(B) The fee for responding to a request for information from | 8138 |
the filing office, including for communicating whether there is on | 8139 |
file any financing statement naming a particular debtor is: | 8140 |
(1) Twenty dollars if the request is communicated in writing; | 8141 |
(2) Twenty dollars if the request is communicated by another | 8142 |
medium authorized by the filing office rule. | 8143 |
However, the fee otherwise required under division (B) of | 8144 |
this section is five dollars if the request is limited to | 8145 |
communicating only whether there is on file any financing | 8146 |
statement naming a particular debtor and the name of the secured | 8147 |
party or record relating thereto. Division (B) of this section | 8148 |
does not require that a fee be charged for remote access searching | 8149 |
of the filing office data base. | 8150 |
(C) This section does not require a fee with respect to a | 8151 |
record of a mortgage that is effective as a financing statement | 8152 |
filed as a fixture filing or as a financing statement covering | 8153 |
as-extracted collateral or timber to be cut under division (C) of | 8154 |
section 1309.502 of the Revised Code. However, the recording and | 8155 |
satisfaction fees that otherwise would be applicable to the record | 8156 |
of the mortgage apply. | 8157 |
Sec. 1329.01. (A) As used in sections 1329.01 to 1329.10 of | 8158 |
the Revised Code: | 8159 |
(1) "Trade name" means a name used in business or trade to | 8160 |
designate the business of the user and to which the user asserts a | 8161 |
right to exclusive use. | 8162 |
(2) "Fictitious name" means a name used in business or trade | 8163 |
that is fictitious and that the user has not registered or is not | 8164 |
entitled to register as a trade name. It does not include the | 8165 |
name of record of any domestic corporation that is formed under | 8166 |
Chapter 1701. or 1702. of the Revised Code, any foreign | 8167 |
corporation that is registered pursuant to Chapter 1703. of the | 8168 |
Revised Code, any domestic or foreign limited liability company | 8169 |
that is formed under or registered pursuant to Chapter 1705. of | 8170 |
the Revised Code, any domestic or foreign limited partnership that | 8171 |
is formed under or registered pursuant to Chapter 1782. of the | 8172 |
Revised Code, or any domestic or foreign limited liability | 8173 |
partnership that is formed under or registered pursuant to Chapter | 8174 |
1775. of the Revised Code. | 8175 |
(3) "Person" includes any individual, general partnership, | 8176 |
limited partnership, limited liability partnership, corporation, | 8177 |
association, professional association, limited liability company, | 8178 |
society, foundation, federation, or organization formed under the | 8179 |
laws of this state or any other state. | 8180 |
(B) Subject to sections 1329.01 to 1329.10 of the Revised | 8181 |
Code, any person may register with the secretary of state, on a | 8182 |
form prescribed by the secretary of state, any trade name under | 8183 |
which the person is operating, setting forth all of the following: | 8184 |
(1) The name and business address of the applicant for | 8185 |
registration and any of the following that is applicable: | 8186 |
(a) If the applicant is a general partnership, the names and | 8187 |
residence addresses of all of the partners; | 8188 |
(b) If the applicant is a limited partnership existing prior | 8189 |
to July 1, 1994, that has not registered with the secretary of | 8190 |
state pursuant to Chapter 1782. of the Revised Code, the name of | 8191 |
the Ohio county in which its certificate of limited partnership or | 8192 |
application for registration as a foreign limited partnership is | 8193 |
filed; | 8194 |
(c) If the applicant is a limited partnership to which | 8195 |
division (B)(1)(b) of this section does not apply or is a | 8196 |
corporation, professional association, limited liability company, | 8197 |
or other entity, the form of the entity and the state under the | 8198 |
laws of which it was formed. | 8199 |
(2) The trade name to be registered; | 8200 |
(3) The general nature of the business conducted by the | 8201 |
applicant; | 8202 |
(4) The length of time during which the trade name has been | 8203 |
used by the applicant in business operations in this state. | 8204 |
(C) The trade name application shall be signed by the | 8205 |
applicant or by any authorized representative of the applicant. | 8206 |
A single trade name may be registered upon each trade name | 8207 |
application submitted under sections 1329.01 to 1329.10 of the | 8208 |
Revised Code. | 8209 |
The trade name application shall be accompanied by a filing | 8210 |
fee of
| 8211 |
(D) Any person who does business under a fictitious name and | 8212 |
who has not registered and does not wish to register the | 8213 |
fictitious name as a trade name or who cannot do so because the | 8214 |
name is not available for registration shall report the use of the | 8215 |
fictitious name to the secretary of state, on a form prescribed by | 8216 |
the secretary of state, setting forth all of the following: | 8217 |
(1) The name and business address of the user and any of the | 8218 |
following that is applicable: | 8219 |
(a) If the user is a general partnership, the names and | 8220 |
residence addresses of all the partners; | 8221 |
(b) If the user is a limited partnership existing prior to | 8222 |
July 1, 1994, that has not been registered with the secretary of | 8223 |
state pursuant to Chapter 1782. of the Revised Code, the name of | 8224 |
the Ohio county in which its certificate of limited partnership or | 8225 |
application for registration as a foreign limited partnership is | 8226 |
filed; | 8227 |
(c) If the user is a limited partnership to which division | 8228 |
(D)(1)(b) of this section does not apply or is a corporation, | 8229 |
professional association, limited liability company, or other | 8230 |
entity, the form of the entity and the state under whose laws it | 8231 |
was formed. | 8232 |
(2) The fictitious name being used; | 8233 |
(3) The general nature of the business conducted by the | 8234 |
user. | 8235 |
(E) The report of use of a fictitious name shall be signed | 8236 |
by the user or by any authorized representative of the user. | 8237 |
A single fictitious name may be registered upon each | 8238 |
fictitious name report submitted under sections 1329.01 to 1329.10 | 8239 |
of the Revised Code. | 8240 |
The fictitious name report shall be accompanied by a filing | 8241 |
fee of
| 8242 |
A report under this division shall be made within thirty days | 8243 |
after the date of the first use of the fictitious name. | 8244 |
Sec. 1329.04. Registration of a trade name or report of a | 8245 |
fictitious name, under sections 1329.01 to 1329.10 of the Revised | 8246 |
Code, shall be effective for a term of five years from the date of | 8247 |
registration or report. Upon application filed within six months | 8248 |
prior to the expiration of such term, on a form furnished by the | 8249 |
secretary of state, the registration or report may be renewed at | 8250 |
the end of each five-year period for a like term, provided that a | 8251 |
general partnership shall renew its registration or report | 8252 |
whenever there has been a change in the listing of partners on its | 8253 |
registration or report and a limited partnership shall renew its | 8254 |
registration or report when a change occurs in the listing of its | 8255 |
general partners on its registration or report. Such a renewal | 8256 |
shall extend the registration or report for five years, unless | 8257 |
further changes occur in the interim.
| 8258 |
in division (S)(3) of
| 8259 |
Code, payable to the secretary of state, shall accompany the | 8260 |
application for renewal of the registration or report. | 8261 |
The secretary of state shall notify persons who have | 8262 |
registered trade names or reported fictitious names, within the | 8263 |
six months next preceding the expiration of the five years from | 8264 |
the date of registration or report, of the necessity of renewal by | 8265 |
writing to the last known address of such persons. | 8266 |
Sec. 1329.06. Any trade name or fictitious name and its | 8267 |
registration or report shall be assignable by an instrument in | 8268 |
writing duly executed and may be recorded with the secretary of | 8269 |
state upon the payment of
| 8270 |
of
| 8271 |
secretary of state, who, recording the assignment, shall issue in | 8272 |
the name of the assignee a new certificate for the remainder of | 8273 |
the term of the registration or report or the last renewal | 8274 |
thereof. The instrument shall be on a form prescribed by the | 8275 |
secretary of state. | 8276 |
Sec. 1329.07. The registrant of any trade name or a person | 8277 |
who reports a fictitious name shall record all changes of the | 8278 |
registrant's business address by filing with the secretary of | 8279 |
state a statement in writing, on a form prescribed by the | 8280 |
secretary of state, setting forth the name previously registered | 8281 |
or reported, the date of the registration or report, and the new | 8282 |
address of the applicant.
| 8283 |
(S)(4) of
| 8284 |
accompany
| 8285 |
Sec. 1329.42. A person who uses in this state a name, mark, | 8286 |
or device to indicate ownership of articles or supplies may file | 8287 |
in the office of the secretary of state, on a form to be | 8288 |
prescribed by the secretary of state, a verified statement setting | 8289 |
forth, but not limited to, the following information: | 8290 |
(A) The name and business address of the person filing the | 8291 |
statement; and, if a corporation, the state of incorporation; | 8292 |
(B) The nature of the business of the applicant; | 8293 |
(C) The type of articles or supplies in connection with | 8294 |
which the name, mark, or device is used. | 8295 |
The statement shall include or be accompanied by a specimen | 8296 |
evidencing actual use of the name, mark, or device, together with | 8297 |
| 8298 |
section 111.16 of the Revised Code. The registration of a name, | 8299 |
mark, or device pursuant to this section is effective for a | 8300 |
ten-year period beginning on the date of registration. If an | 8301 |
application for renewal is filed within six months prior to the | 8302 |
expiration of the ten-year period on a form prescribed by the | 8303 |
secretary of state, the registration may be renewed at the end of | 8304 |
each ten-year
period for an additional ten-year period.
| 8305 |
renewal fee
specified in division (U)(2) of
| 8306 |
111.16 of the Revised Code shall accompany the application for | 8307 |
renewal. The secretary of state shall notify a registrant within | 8308 |
the six months next preceding the expiration of ten years from the | 8309 |
date of registration of the necessity of renewal by writing to the | 8310 |
last known address of the registrant. | 8311 |
Sec. 1329.421. The registrant of a name, mark, or device | 8312 |
used to indicate ownership shall record all changes of the | 8313 |
registrant's business address by filing with the secretary of | 8314 |
state a written statement, on a form prescribed by the secretary | 8315 |
of state, of the new address.
| 8316 |
specified in division (U)(2) of section 111.16 of the Revised Code | 8317 |
shall accompany the statement. | 8318 |
Sec. 1329.45. The certificate of the filing of any name, | 8319 |
mark, or device under sections 1329.41 to 1329.53 of the Revised | 8320 |
Code and the benefits
obtained
| 8321 |
assignable with the sale of the articles or supplies on which the | 8322 |
same are produced and used. Assignments shall be by instruments | 8323 |
in writing duly executed and may be recorded upon the payment of
| 8324 |
the
fee
specified in division (U)(2) of
| 8325 |
of the Revised Code, payable to the secretary of state, who, after | 8326 |
recording the assignment, upon request of the assignee, may issue | 8327 |
in the assignee's name a new certificate. The instrument shall be | 8328 |
on a form prescribed by the secretary of state. | 8329 |
Sec. 1329.56. (A) Subject to the limitations set forth in | 8330 |
sections 1329.54 to 1329.67 of the Revised Code, any person who | 8331 |
adopts and uses a trademark or service mark in this state may file | 8332 |
in the office of the secretary of state, on a form to be | 8333 |
prescribed by the secretary of state, an application for | 8334 |
registration of that trademark or service mark that sets forth, | 8335 |
but is not limited to, the following information: | 8336 |
(1) The name and business address of the person applying for | 8337 |
the registration; if the person is a corporation, the state of its | 8338 |
incorporation; if the person is a partnership or limited liability | 8339 |
partnership, the state in which the partnership is organized and | 8340 |
the names of the general partners; and, if the person is a limited | 8341 |
liability company, the state of its organization; | 8342 |
(2) The goods or services on or in connection with which the | 8343 |
mark is used, the mode or manner in which the mark is used on or | 8344 |
in connection with the goods or services, and the class in which | 8345 |
the goods or services fall; | 8346 |
(3) The date when the mark was first used anywhere and the | 8347 |
date when it was first used in this state by the applicant or the | 8348 |
applicant's predecessor in interest; | 8349 |
(4) A statement that the applicant is the owner of the mark, | 8350 |
that the mark is in use, and that, to the knowledge of the person | 8351 |
verifying the application, no other person has the right to use | 8352 |
the mark in the state either in the identical form of the mark, or | 8353 |
in near resemblance to the mark, as to be likely, when used on or | 8354 |
in connection with the goods or services of another person, to | 8355 |
cause confusion or mistake or to deceive; | 8356 |
(5) A statement that, to the knowledge of the person | 8357 |
verifying the application, no other person has a registration or a | 8358 |
pending intent to use application of the same or a confusingly | 8359 |
similar mark in the United States patent and trademark office for | 8360 |
the same or similar goods or services or a statement that the | 8361 |
applicant is the owner of a concurrent registration in the United | 8362 |
States patent and trademark office of the applicant's mark | 8363 |
covering an area including this state. | 8364 |
(B) The application shall be signed and verified by the | 8365 |
applicant, by an authorized representative, or by an officer of | 8366 |
the firm, limited liability company, limited liability | 8367 |
partnership, general partnership, or limited partnership, | 8368 |
corporation, union, association, or other organization that is the | 8369 |
applicant. | 8370 |
(C) The application shall be accompanied by a specimen of | 8371 |
the mark as actually used and shall contain a brief description of | 8372 |
the mark as it appears on the specimen. | 8373 |
(D) The application shall be accompanied by
| 8374 |
specified in division (U)(1) of
| 8375 |
111.16 of the Revised Code, payable to the secretary of state. | 8376 |
Sec. 1329.58. Registration of a trademark or service mark | 8377 |
under sections 1329.54 to 1329.67 of the Revised Code shall be | 8378 |
effective for a term of ten years from the date of registration. | 8379 |
Upon the filing of an application within six months prior to the | 8380 |
expiration of that term on a form furnished by the secretary of | 8381 |
state, the registrant may renew the registration at the end of | 8382 |
each
ten-year period for a similar term.
| 8383 |
specified in division (U)(2) of
| 8384 |
of the Revised Code, payable to the secretary of state, shall | 8385 |
accompany the renewal application. The renewal application shall | 8386 |
require the applicant to state that the mark still is in use in | 8387 |
this state. | 8388 |
Sec. 1329.60. Any trademark or service mark and its | 8389 |
registration shall be assignable with the good will of the | 8390 |
business in which the trademark or service mark is used, or with | 8391 |
that part of the good will of the business connected with the use | 8392 |
of and symbolized by the trademark or service mark. Assignment | 8393 |
shall be by instruments in writing duly executed and may be | 8394 |
recorded with the secretary of state upon the payment of
| 8395 |
specified in division (U)(2) of
| 8396 |
Revised Code, payable to the secretary of state, who, after | 8397 |
recording the assignment, shall issue in the name of the assignee | 8398 |
a new certificate for the remainder of the term of the | 8399 |
registration or of the last renewal thereof. The instrument shall | 8400 |
be on a form prescribed by the secretary of state. An assignment | 8401 |
of any registration shall be void as against any subsequent | 8402 |
purchaser for valuable consideration without notice unless it is | 8403 |
recorded with the secretary of state within three months after the | 8404 |
date thereof or prior to such subsequent purchase. | 8405 |
Sec. 1329.601. The registrant of a trademark or service mark | 8406 |
shall record all changes of the registrant's business address by | 8407 |
filing a written statement, on a form prescribed by the secretary | 8408 |
of
state, of the new address with the secretary of state.
| 8409 |
filing
fee
| 8410 |
section 111.16 of the Revised Code shall accompany the statement. | 8411 |
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of the | 8412 |
Revised Code: | 8413 |
(A) "Home solicitation sale" means a sale of consumer goods | 8414 |
or services in which the seller or a person acting for the seller | 8415 |
engages in a personal solicitation of the sale at a residence of | 8416 |
the buyer, including solicitations in response to or following an | 8417 |
invitation by the buyer, and the buyer's agreement or offer to | 8418 |
purchase is there given to the seller or a person acting for the | 8419 |
seller, or in which the buyer's agreement or offer to purchase is | 8420 |
made at a place other than the seller's place of business. It | 8421 |
does not include a transaction or transactions in which: | 8422 |
(1) The total purchase price to be paid by the buyer, | 8423 |
whether under single or multiple contracts, is less than | 8424 |
twenty-five dollars; | 8425 |
(2) The transaction was conducted and consummated entirely | 8426 |
by mail or by telephone if initiated by the buyer, and without any | 8427 |
other contact between the seller or the seller's representative | 8428 |
prior to the delivery of goods or performance of the service; | 8429 |
(3) The final agreement is made pursuant to prior | 8430 |
negotiations in the course of a visit by the buyer to a retail | 8431 |
business establishment having a fixed permanent location where the | 8432 |
goods are exhibited or the services are offered for sale on a | 8433 |
continuing basis; | 8434 |
(4) The buyer initiates the contact between the parties for | 8435 |
the purpose of negotiating a purchase and the seller has a | 8436 |
business establishment at a fixed location in this state where the | 8437 |
goods or services involved in the transaction are regularly | 8438 |
offered or exhibited for sale. | 8439 |
Advertisements by such a seller in newspapers, magazines, | 8440 |
catalogues, radio, or television do not constitute the seller | 8441 |
initiation of the contact. | 8442 |
(5) The buyer initiates the contact between the parties, the | 8443 |
goods or services are needed to meet a bona fide immediate | 8444 |
personal emergency of the buyer which will jeopardize the welfare, | 8445 |
health, or safety of natural persons, or endanger property which | 8446 |
the buyer owns or for which the buyer is responsible, and the | 8447 |
buyer furnishes the seller with a separate, dated, and signed | 8448 |
statement in the buyer's handwriting describing the situation | 8449 |
requiring immediate remedy and expressly acknowledging and waiving | 8450 |
the right to cancel the sale within three business days; | 8451 |
(6) The buyer has initiated the contact between the parties | 8452 |
and specifically requested the seller to visit the buyer's home | 8453 |
for the purpose of repairing or performing maintenance upon the | 8454 |
buyer's personal property. If, in the course of such a visit, the | 8455 |
seller sells the buyer additional services or goods other than | 8456 |
replacement parts necessarily used in performing the maintenance | 8457 |
or in making the repairs, the sale of those additional goods or | 8458 |
services does not fall within this exclusion. | 8459 |
(7) The buyer is accorded the right of rescission by the | 8460 |
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. | 8461 |
1635, or regulations adopted pursuant to it. | 8462 |
(B) "Sale" includes a lease or rental. | 8463 |
(C) "Seller" includes a lessor or anyone offering goods for | 8464 |
rent. | 8465 |
(D) "Buyer" includes a lessee or anyone who gives a | 8466 |
consideration for the privilege of using goods. | 8467 |
(E) "Consumer goods or services" means goods or services | 8468 |
purchased, leased, or rented primarily for personal, family, or | 8469 |
household purposes, including courses or instruction or training | 8470 |
regardless of the purpose for which they are taken. | 8471 |
(F) "Consumer goods or services" does not include goods or | 8472 |
services pertaining to any of the following: | 8473 |
(1) Sales or rentals of real property by a real estate | 8474 |
broker or salesperson, or by a foreign real estate dealer or | 8475 |
salesperson, who is licensed by the Ohio real estate commission | 8476 |
under Chapter 4735. of the Revised Code; | 8477 |
(2) The sale of securities or commodities by a broker-dealer | 8478 |
registered with the securities and exchange commission; | 8479 |
(3) The sale of securities or commodities by a securities | 8480 |
dealer or salesperson licensed by the division of securities under | 8481 |
Chapter 1707. of the Revised Code; | 8482 |
(4) The sale of insurance by a person licensed by the | 8483 |
superintendent of insurance; | 8484 |
(5) Goods sold or services provided by automobile dealers | 8485 |
and salespersons licensed by the registrar of motor vehicles under | 8486 |
Chapter 4517. of the Revised Code; | 8487 |
(6) The sale of property at an auction by an auctioneer | 8488 |
licensed by the department of
| 8489 |
4707. of the Revised Code. | 8490 |
(G) "Purchase price" means the total cumulative price of the | 8491 |
consumer goods or services, including all interest and service | 8492 |
charges. | 8493 |
(H) "Place of business" means the main office, or a | 8494 |
permanent branch office or permanent local address of a seller. | 8495 |
(I) "Business day" means any calendar day except Sunday, or | 8496 |
the following business holidays: New Year's day, Presidents' day, | 8497 |
Memorial day, Independence day, Labor day, Columbus day, Veterans | 8498 |
day, Thanksgiving day, and Christmas day. | 8499 |
Sec. 1501.01. Except where otherwise expressly provided, the | 8500 |
director of natural resources shall formulate and institute all | 8501 |
the policies and programs of the department of natural resources. | 8502 |
The chief of any division of the department shall not enter into | 8503 |
any contract, agreement, or understanding unless it is approved by | 8504 |
the director. No appointee or employee of the director, other | 8505 |
than the assistant director, may bind the director in a contract | 8506 |
except when given general or special authority to do so by the | 8507 |
director. | 8508 |
The director shall correlate and coordinate the work and | 8509 |
activities of the divisions in the department to eliminate | 8510 |
unnecessary duplications of effort and overlapping of functions. | 8511 |
The chiefs of the various divisions of the department shall meet | 8512 |
with the director at least once each month at a time and place | 8513 |
designated by the director. | 8514 |
The director may create advisory boards to any of those | 8515 |
divisions in conformity with section 121.13 of the Revised Code. | 8516 |
The director may accept and expend gifts, devises, and | 8517 |
bequests of money, lands, and other properties on behalf of the | 8518 |
department or any division thereof under the terms set forth in | 8519 |
section 9.20 of the Revised Code. Any political subdivision of | 8520 |
this state may make contributions to the department for the use of | 8521 |
the department or any division therein according to the terms of | 8522 |
the contribution. | 8523 |
The director may publish and sell or otherwise distribute | 8524 |
data, reports, and information. | 8525 |
The director shall adopt rules in accordance with Chapter | 8526 |
119. of the Revised Code to permit the department to accept by | 8527 |
means of a credit card the payment of fees, charges, and rentals | 8528 |
at those facilities described in section 1501.07 of the Revised | 8529 |
Code that are operated by the department, for any data, reports, | 8530 |
or information sold by the department, and for any other goods or | 8531 |
services provided by the department. | 8532 |
Whenever authorized by the governor to do so, the director | 8533 |
may appropriate property for the uses and purposes authorized to | 8534 |
be performed by the department and on behalf of any division | 8535 |
within the department. This authority shall be exercised in the | 8536 |
manner provided in sections 163.01 to 163.22 of the Revised Code | 8537 |
for the appropriation of property by the director of | 8538 |
administrative services. This authority to appropriate property | 8539 |
is in addition to the authority provided by law for the | 8540 |
appropriation of property by divisions of the department. The | 8541 |
director of natural resources also may acquire by purchase, lease, | 8542 |
or otherwise such real and personal property rights or privileges | 8543 |
in the name of the state as are necessary for the purposes of the | 8544 |
department or any division therein. The director, with the | 8545 |
approval of the governor and the attorney general, may sell, | 8546 |
lease, or exchange portions of lands or property, real or | 8547 |
personal, of any division of the department or grant easements or | 8548 |
licenses for the use thereof, or enter into agreements for the | 8549 |
sale of water from lands and waters under the administration or | 8550 |
care of the department or any of its divisions, when the sale, | 8551 |
lease, exchange, easement, agreement, or license for use is | 8552 |
advantageous to the state, provided that such approval is not | 8553 |
required for leases and contracts made under
| 8554 |
8555 | |
the Revised Code. Water may be sold from a reservoir only to the | 8556 |
extent that the reservoir was designed to yield a supply of water | 8557 |
for a purpose other than recreation or wildlife, and the water | 8558 |
sold is in excess of that needed to maintain the reservoir for | 8559 |
purposes of recreation or wildlife. | 8560 |
Money received from such sales, leases, easements, exchanges, | 8561 |
agreements, or licenses for use, except revenues required to be | 8562 |
set aside or paid into depositories or trust funds for the payment | 8563 |
of bonds issued under sections 1501.12 to 1501.15 of the Revised | 8564 |
Code, and to maintain the required reserves therefor as provided | 8565 |
in the orders authorizing the issuance of such bonds or the trust | 8566 |
agreements securing such bonds, revenues required to be paid and | 8567 |
credited pursuant to the bond proceeding applicable to obligations | 8568 |
issued pursuant to section 154.22, and revenues generated under | 8569 |
section 1520.05 of the Revised Code, shall be deposited in the | 8570 |
state treasury to the credit of the fund of the division of the | 8571 |
department having prior jurisdiction over the lands or property. | 8572 |
If no such fund exists, the money shall be credited to the general | 8573 |
revenue fund. All such money received from lands or properties | 8574 |
administered by the division of wildlife shall be credited to the | 8575 |
wildlife fund. | 8576 |
The director shall provide for the custody, safekeeping, and | 8577 |
deposit of all moneys, checks, and drafts received by the | 8578 |
department or its employees prior to paying them to the treasurer | 8579 |
of state under section 113.08 of the Revised Code. | 8580 |
The director shall cooperate with the nature conservancy, | 8581 |
other nonprofit organizations, and the United States fish and | 8582 |
wildlife service in order to secure protection of islands in the | 8583 |
Ohio river and the wildlife and wildlife habitat of those islands. | 8584 |
Any instrument by which real property is acquired pursuant to | 8585 |
this section shall identify the agency of the state that has the | 8586 |
use and benefit of the real property as specified in section | 8587 |
5301.012 of the Revised Code. | 8588 |
Sec. 1501.04. There is hereby created in the department of | 8589 |
natural resources a recreation and resources commission composed | 8590 |
of the
| 8591 |
section
1531.03 of the Revised Code, the
| 8592 |
the parks and recreation council created under section 1541.40 of | 8593 |
the Revised
Code, the
| 8594 |
council created under section 1547.73 of the Revised Code, the | 8595 |
| 8596 |
gas created under section 1509.38 of the Revised Code, the | 8597 |
chairman of the forestry advisory council created under section | 8598 |
1503.40 of the Revised
Code, the
| 8599 |
soil and water conservation commission created under section | 8600 |
1515.02 of the Revised Code, the
| 8601 |
natural areas council created under section 1517.03 of the Revised | 8602 |
Code, the
| 8603 |
created under section 1521.031 of the Revised Code, the | 8604 |
chairperson of the recycling and litter prevention advisory | 8605 |
council created under section 1502.04 of the Revised Code, the | 8606 |
chairperson of the civilian conservation advisory council created | 8607 |
under section 1553.10 of the Revised Code, the
| 8608 |
chairperson of the Ohio geology advisory council created under | 8609 |
section 1505.11 of the Revised Code, and five members appointed by | 8610 |
the governor with the advice and consent of the senate, not more | 8611 |
than three of whom shall belong to the same political party. The | 8612 |
director of natural resources shall be an ex officio member of the | 8613 |
commission, with a voice in its deliberations, but without the | 8614 |
power to vote. | 8615 |
Terms of office of members of the commission appointed by the | 8616 |
governor shall be for five years, commencing on the second day of | 8617 |
February and ending on the first day of February. Each member | 8618 |
shall hold office from the date of
| 8619 |
of the term for which
| 8620 |
In the event of the death, removal, resignation, or | 8621 |
incapacity of a member of the commission, the governor, with the | 8622 |
advice and consent of the senate, shall appoint a successor who | 8623 |
shall hold office for the remainder of the term for which
| 8624 |
member's predecessor was appointed. Any member shall continue in | 8625 |
office
subsequent to the expiration date of
| 8626 |
until
| 8627 |
of sixty days has elapsed, whichever occurs first. | 8628 |
The governor may remove any appointed member of the | 8629 |
commission for misfeasance, nonfeasance, or malfeasance in office. | 8630 |
The commission shall exercise no administrative function, but | 8631 |
may: | 8632 |
(A) Advise with and recommend to the director of natural | 8633 |
resources as to plans and programs for the management, | 8634 |
development, utilization, and conservation of the natural | 8635 |
resources of the state; | 8636 |
(B) Advise with and recommend to the director as to methods | 8637 |
of coordinating the work of the divisions of the department; | 8638 |
(C) Consider and make recommendations upon any matter which | 8639 |
the director may submit to it; | 8640 |
(D) Submit to the governor biennially recommendations for | 8641 |
amendments to the conservation laws of the state. | 8642 |
| 8643 |
the
discharge of
| 8644 |
8645 | |
oath, in writing, shall be filed in the office of the secretary of | 8646 |
state. | 8647 |
The members of the commission shall serve without | 8648 |
compensation, but shall be entitled to receive their actual and | 8649 |
necessary expenses incurred in the performance of their official | 8650 |
duties. | 8651 |
The commission, by a majority vote of all its members, shall | 8652 |
adopt and amend bylaws. | 8653 |
To be eligible for appointment, a person shall be a citizen | 8654 |
of the United States and an elector of the state and shall possess | 8655 |
a knowledge of and have an interest in the natural resources of | 8656 |
this state. | 8657 |
The commission shall hold at least four regular quarterly | 8658 |
meetings each year. Special meetings shall be held at such times | 8659 |
as the bylaws of the commission provide. Notices of all meetings | 8660 |
shall be given in such manner as the bylaws provide. The | 8661 |
commission shall choose annually from among its members a
| 8662 |
chairperson to preside over its meetings and a secretary to keep a | 8663 |
record of its proceedings. A majority of the members of the | 8664 |
commission constitutes a quorum. No advice shall be given or | 8665 |
recommendation made without a majority of the members of the | 8666 |
commission concurring therein. | 8667 |
Sec. 1501.23. The department of natural resources may | 8668 |
utilize the services of volunteers to implement clean-up and | 8669 |
beautification programs or any other programs that accomplish any | 8670 |
of the purposes of the department. The director of natural | 8671 |
resources shall approve all volunteer programs and may recruit, | 8672 |
train, and supervise the services of community volunteers or | 8673 |
volunteer groups for volunteer programs. The director may | 8674 |
designate volunteers in a volunteer program as state employees for | 8675 |
the purpose of motor vehicle accident liability insurance under | 8676 |
section 9.83 of the Revised Code, for the purpose of immunity | 8677 |
under section 9.86 of the Revised Code, and for the purpose of | 8678 |
indemnification from liability incurred in the performance of | 8679 |
their duties under section 9.87 of the Revised Code. | 8680 |
Sec. 1501.40. The department of natural resources is the | 8681 |
designated state agency responsible for the coordination and | 8682 |
administration of sections 120 to 136 of the "National and | 8683 |
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A. | 8684 |
12401 to 12456,
| 8685 |
assistance of the
| 8686 |
council created in section 121.40 of the Revised Code, the | 8687 |
director of natural resources shall coordinate with other state | 8688 |
agencies to apply for funding under the act when appropriate and | 8689 |
shall administer any federal funds the state receives under | 8690 |
sections 120 to 136 of the act. | 8691 |
Sec. 1502.12. (A) There is hereby created in the state | 8692 |
treasury the scrap tire grant fund, consisting of moneys | 8693 |
transferred to the fund under section 3734.82 of the Revised Code. | 8694 |
The chief of the division of recycling and litter prevention, with | 8695 |
the approval of the director of natural resources, may make grants | 8696 |
from the fund for the purpose of supporting market development | 8697 |
activities for scrap tires. The grants may be awarded to | 8698 |
individuals, businesses, and entities certified under division (B) | 8699 |
of section 1502.04 of the Revised Code. | 8700 |
(B) Projects and activities that are eligible for grants | 8701 |
under this section shall be evaluated for funding using, at a | 8702 |
minimum, the following criteria: | 8703 |
(1) The degree to which a proposed project contributes to | 8704 |
the increased use of scrap tires generated in this state; | 8705 |
(2) The degree of local financial support for a proposed | 8706 |
project; | 8707 |
(3) The technical merit and quality of a proposed project. | 8708 |
Sec. 1503.011. The chief of the division of forestry shall | 8709 |
be responsible for the conservation and development of forests | 8710 |
within this state.
| 8711 |
silvicultural practices, including the proper planting, growing, | 8712 |
protecting, harvesting, and managing of trees for such purposes as | 8713 |
watershed and soil protection, timber production and utilization, | 8714 |
recreation, aesthetics, wildlife habitat development, and urban | 8715 |
enhancement and for all benefits that forests provide. | 8716 |
The chief may do any or all of the following: | 8717 |
(A) Provide rural forestry assistance to nonindustrial | 8718 |
private forest landowners, including advice in tree planting, | 8719 |
forest improvement, harvesting, and all aspects of conservation; | 8720 |
(B) Provide urban forestry assistance to individuals, | 8721 |
nonprofit organizations, and political subdivisions to manage | 8722 |
their urban forest resource and develop comprehensive tree care | 8723 |
programs; | 8724 |
(C) Provide wood utilization, marketing, and rural forestry | 8725 |
development assistance to forest industries, political | 8726 |
subdivisions and agencies thereof, and state and federal agencies | 8727 |
for the purpose of establishing and maintaining a viable, | 8728 |
economically sound wood-based industry while expanding the forest | 8729 |
resource of this state; | 8730 |
(D) Provide forest pest protection assistance to forest | 8731 |
landowners, political subdivisions and agencies thereof, and state | 8732 |
and federal agencies on assessing and evaluating the health and | 8733 |
vigor of the forest resource; | 8734 |
(E) Provide technical assistance to landowners in developing | 8735 |
forest windbreaks, filter strips, and other forest management | 8736 |
practices that provide conservation benefits; | 8737 |
(F) Provide awareness of and education concerning the | 8738 |
programs provided for under divisions (A) to (E) of this section; | 8739 |
(G) Enter into agreements with political subdivisions and | 8740 |
agencies thereof, state and federal agencies, firefighting | 8741 |
agencies and private fire companies, as those terms are defined in | 8742 |
section 9.60 of the Revised Code, nonprofit organizations, and | 8743 |
individuals to meet the needs of forestry assistance in this state | 8744 |
and, in accordance with
| 8745 |
the Revised Code, develop and administer grant programs for any of | 8746 |
those entities requesting assistance. The chief shall adopt, and | 8747 |
may amend and rescind, rules in accordance with Chapter 119. of | 8748 |
the Revised Code establishing such requirements and procedures as | 8749 |
are necessary to implement this division. | 8750 |
As used in this section, "nonprofit organization" has the | 8751 |
same meaning as in section 4141.01 of the Revised Code. | 8752 |
Sec. 1507.01. There is hereby created in the department of | 8753 |
natural resources the division of engineering to be administered | 8754 |
by the chief engineer of the department, who shall be a | 8755 |
professional engineer registered under Chapter 4733. of the | 8756 |
Revised Code. The chief engineer shall do all of the following: | 8757 |
(A) Administer this chapter; | 8758 |
(B) Provide engineering, architectural, land surveying, and | 8759 |
related administrative and maintenance support services to the | 8760 |
other divisions in the department; | 8761 |
(C) Upon request of the director of natural resources, | 8762 |
implement the department's capital improvement program and | 8763 |
facility maintenance projects, including all associated | 8764 |
engineering, architectural, design, contracting, surveying, | 8765 |
inspection, and management responsibilities and requirements; | 8766 |
(D) With the approval of the director, act as contracting | 8767 |
officer in departmental engineering, architectural, surveying, and | 8768 |
construction matters regarding capital improvements except for | 8769 |
those matters otherwise specifically provided for in law; | 8770 |
(E)
| 8771 |
8772 | |
8773 | |
8774 |
| 8775 |
program established under Chapter 1506. of the Revised Code; | 8776 |
| 8777 |
program with the department of transportation pursuant to section | 8778 |
5511.05 of the Revised Code and maintain the roadway inventory of | 8779 |
the department of natural resources; | 8780 |
| 8781 |
8782 | |
8783 |
| 8784 |
policies, procedures, and activities with the United States army | 8785 |
corps of engineers; | 8786 |
| 8787 |
professional and technical assistants and such other employees as | 8788 |
are necessary for the performance of the activities required or | 8789 |
authorized under this chapter, other work of the division, and any | 8790 |
other work agreed to under working agreements or contractual | 8791 |
arrangements; prescribe their duties; and fix their compensation | 8792 |
in accordance with such schedules as are provided by law for the | 8793 |
compensation of state employees. | 8794 |
Sec. 1509.06. An application for a permit to drill a new | 8795 |
well, drill an existing well deeper, reopen a well, convert a well | 8796 |
to any use other than its original purpose, or plug back a well to | 8797 |
a different source of supply shall be filed with the chief of the | 8798 |
division of mineral resources management upon such form as the | 8799 |
chief prescribes and shall contain each of the following that is | 8800 |
applicable: | 8801 |
(A) The name and address of the owner and, if a corporation, | 8802 |
the name and address of the statutory agent; | 8803 |
(B) The signature of the owner or the owner's authorized | 8804 |
agent. When an authorized agent signs an application, it shall be | 8805 |
accompanied by a certified copy of the appointment as such agent. | 8806 |
(C) The names and addresses of all persons holding the | 8807 |
royalty interest in the tract upon which the well is located or is | 8808 |
to be drilled or within a proposed drilling unit; | 8809 |
(D) The location of the tract or drilling unit on which the | 8810 |
well is located or is to be drilled identified by section or lot | 8811 |
number, city, village, township, and county; | 8812 |
(E) Designation of the well by name and number; | 8813 |
(F) The geological formation to be tested or used and the | 8814 |
proposed total depth of the well; | 8815 |
(G) The type of drilling equipment to be used; | 8816 |
(H) If the well is for the injection of a liquid, identity | 8817 |
of the geological formation to be used as the injection zone and | 8818 |
the composition of the liquid to be injected; | 8819 |
(I) A sworn statement that all requirements of any municipal | 8820 |
corporation, county, or township having jurisdiction over any | 8821 |
activity related to the drilling or operation of an oil or gas | 8822 |
well that have been filed with the division of mineral resources | 8823 |
management and are in effect at the time the application is filed, | 8824 |
including, but not limited to, zoning ordinances and resolutions | 8825 |
and the requirements of section 4513.34 of the Revised Code, will | 8826 |
be complied with until abandonment of the well; | 8827 |
(J) A plan for restoration of the land surface disturbed by | 8828 |
drilling operations. The plan shall provide for compliance with | 8829 |
the restoration requirements of division (A) of section 1509.072 | 8830 |
of the Revised Code and any rules adopted by the chief pertaining | 8831 |
to that restoration. | 8832 |
(K) A description by name or number of the county, township, | 8833 |
and municipal corporation roads, streets, and highways that the | 8834 |
applicant anticipates will be used for access to and egress from | 8835 |
the well site; | 8836 |
(L) Such other relevant information as the chief prescribes | 8837 |
by rule. | 8838 |
Each application shall be accompanied by a map, on a scale | 8839 |
not smaller than four hundred feet to the inch, prepared by an | 8840 |
Ohio registered surveyor, showing the location of the well and | 8841 |
containing such other data as may be prescribed by the chief. If | 8842 |
the well is or is to be located within the excavations and | 8843 |
workings of a mine, the map also shall include the location of the | 8844 |
mine, the name of the mine, and the name of the person operating | 8845 |
the mine. | 8846 |
The chief shall cause a copy of the weekly circular prepared | 8847 |
by the division to be provided to the county engineer of each | 8848 |
county that contains active or proposed drilling activity. The | 8849 |
weekly circular shall contain, in the manner prescribed by the | 8850 |
chief, the names of all applicants for permits, the location of | 8851 |
each well or proposed well, the information required by division | 8852 |
(K) of this section, and any additional information the chief | 8853 |
prescribes. | 8854 |
The chief shall not issue a permit for at least ten days | 8855 |
after the date of filing of the application for the permit unless, | 8856 |
upon reasonable cause shown, the chief waives that period or a | 8857 |
request for expedited review is filed under this section. However, | 8858 |
the chief shall issue a permit within twenty-one days of the | 8859 |
filing of the application unless the chief denies the application | 8860 |
by order. | 8861 |
An applicant may file a request with the chief for expedited | 8862 |
review of a permit application if the well is not or is not to be | 8863 |
located in a gas storage reservoir or reservoir protective area, | 8864 |
as "reservoir protective area" is defined in section 1571.01 of | 8865 |
the Revised Code. If the well is or is to be located in a coal | 8866 |
bearing township, the application shall be accompanied by the | 8867 |
affidavit of the landowner prescribed in section 1509.08 of the | 8868 |
Revised Code. | 8869 |
In addition to a complete application for a permit that meets | 8870 |
the requirements of this section and the permit fee prescribed by | 8871 |
this section, a request for expedited review shall be accompanied | 8872 |
by a separate nonrefundable filing fee of five hundred dollars. | 8873 |
Upon the filing of a request for expedited review, the chief shall | 8874 |
cause the county engineer of the county in which the well is or is | 8875 |
to be located to be notified of the filing of the permit | 8876 |
application and the request for expedited review by telephone or | 8877 |
other means that in the judgment of the chief will provide timely | 8878 |
notice of the application and request. The chief shall issue a | 8879 |
permit within seven days of the filing of the request unless the | 8880 |
chief denies the application by order. Notwithstanding the | 8881 |
provisions of this section governing expedited review of permit | 8882 |
applications, the chief may refuse to accept requests for | 8883 |
expedited review if, in the chief's judgment, the acceptance of | 8884 |
the requests would prevent the issuance, within twenty-one days of | 8885 |
their filing, of permits for which applications are pending. | 8886 |
A well shall be drilled and operated in accordance with the | 8887 |
plans, sworn statements, and other information submitted in the | 8888 |
approved application. | 8889 |
The chief shall issue an order denying a permit if the chief | 8890 |
finds that there is a substantial risk that the operation will | 8891 |
result in violations of this chapter or rules adopted under it | 8892 |
that will present an imminent danger to public health or safety or | 8893 |
damage to the environment, provided that where the chief finds | 8894 |
that terms or conditions to the permit can reasonably be expected | 8895 |
to prevent such violations, the chief shall issue the permit | 8896 |
subject to those terms or conditions. | 8897 |
Each application for a permit required by section 1509.05 of | 8898 |
the Revised Code, except an application for a well drilled or | 8899 |
reopened for purposes of section 1509.22 of the Revised Code, also | 8900 |
shall be accompanied by a nonrefundable fee of two hundred fifty | 8901 |
dollars. | 8902 |
The chief may order the immediate suspension of drilling, | 8903 |
operating, or plugging activities after finding that any person is | 8904 |
causing, engaging in, or maintaining a condition or activity that | 8905 |
in the chief's judgment presents an imminent danger to public | 8906 |
health or safety or results in or is likely to result in immediate | 8907 |
substantial damage to natural resources or for nonpayment of the | 8908 |
fee required by this section. The chief may order the immediate | 8909 |
suspension of the drilling or reopening of a well in a coal | 8910 |
bearing township after determining that the drilling or reopening | 8911 |
activities present an imminent and substantial threat to public | 8912 |
health or safety or to miners' health or safety. Before issuing | 8913 |
any such order, the chief shall notify the owner in such manner as | 8914 |
in the chief's judgment would provide reasonable notification that | 8915 |
the chief intends to issue a suspension order. The chief may | 8916 |
issue such an order without prior notification if reasonable | 8917 |
attempts to notify the owner have failed, but in such an event | 8918 |
notification shall be given as soon thereafter as practical. | 8919 |
Within five calendar days after the issuance of the order, the | 8920 |
chief shall provide the owner an opportunity to be heard and to | 8921 |
present evidence that the condition or activity is not likely to | 8922 |
result in immediate substantial damage to natural resources or | 8923 |
does not present an imminent danger to public health or safety or | 8924 |
to miners' health or safety, if applicable. In the case of | 8925 |
activities in a coal bearing township, if the chief, after | 8926 |
considering evidence presented by the owner, determines that the | 8927 |
activities do not present such a threat, the chief shall revoke | 8928 |
the suspension order. Notwithstanding any provision of this | 8929 |
chapter, the owner may appeal a suspension order directly to the | 8930 |
court of common pleas of the county in which the activity is | 8931 |
located or, if in a coal bearing township,
to the
| 8932 |
8933 | |
Code. | 8934 |
Sec. 1509.071. (A) When the chief of the division of | 8935 |
mineral resources management finds that an owner has failed to | 8936 |
comply with the restoration requirements of section 1509.072, | 8937 |
plugging requirements of section 1509.12, or permit provisions of | 8938 |
section 1509.13 of the Revised Code, or rules and orders relating | 8939 |
thereto, the chief shall make a finding of that fact and declare | 8940 |
any surety bond filed to ensure compliance with those sections and | 8941 |
rules forfeited in the amount set by rule of the chief. The chief | 8942 |
thereupon shall certify the total forfeiture to the attorney | 8943 |
general, who shall proceed to collect the amount of the | 8944 |
forfeiture. | 8945 |
In lieu of total forfeiture, the surety, at its option, may | 8946 |
cause the well to be properly plugged and abandoned and the area | 8947 |
properly restored or pay to the treasurer of state the cost of | 8948 |
plugging and abandonment. | 8949 |
(B) All moneys collected because of forfeitures of bonds as | 8950 |
provided in this section shall be deposited in the state treasury | 8951 |
to the credit of the oil and gas well fund created in section | 8952 |
1509.02 of the Revised Code. The fund shall be expended by the | 8953 |
chief for the following purposes in addition to the other purposes | 8954 |
specified in that section: | 8955 |
(1) In accordance with division (D) of this section, to plug | 8956 |
wells or to restore the land surface properly as required in | 8957 |
section 1509.072 of the Revised Code for which the bonds have been | 8958 |
forfeited, for abandoned wells for which no funds are available to | 8959 |
plug the wells in accordance with this chapter, or to use | 8960 |
abandoned wells for the injection of oil or gas production wastes; | 8961 |
(2) In accordance with division (E) of this section, to | 8962 |
correct conditions that the chief reasonably has determined are | 8963 |
causing imminent health or safety risks. | 8964 |
Expenditures from the fund shall be made only for lawful | 8965 |
purposes. | 8966 |
(C)(1) Upon determining that the owner of a well has failed | 8967 |
to properly plug and abandon it or to properly restore the land | 8968 |
surface at the well site in compliance with the applicable | 8969 |
requirements of this chapter and applicable rules adopted and | 8970 |
orders issued under it or that a well is an abandoned well for | 8971 |
which no funds are available to plug the well in accordance with | 8972 |
this chapter, the chief shall do all of the following: | 8973 |
(a) Determine from the records in the office of the county | 8974 |
recorder of the county in which the well is located the identity | 8975 |
of the owner of the land on which the well is located, the | 8976 |
identity of the owner of the oil or gas lease under which the well | 8977 |
was drilled or the identity of each person owning an interest in | 8978 |
the lease, and the identities of the persons having legal title | 8979 |
to, or a lien upon, any of the equipment appurtenant to the well; | 8980 |
(b) Mail notice to the owner of the land on which the well | 8981 |
is located informing the landowner that the well is to be plugged. | 8982 |
If the owner of the oil or gas lease under which the well was | 8983 |
drilled is different from the owner of the well or if any persons | 8984 |
other than the owner of the well own interests in the lease, the | 8985 |
chief also shall mail notice that the well is to be plugged to the | 8986 |
owner of the lease or to each person owning an interest in the | 8987 |
lease, as appropriate. | 8988 |
(c) Mail notice to each person having legal title to, or a | 8989 |
lien upon, any equipment appurtenant to the well, informing the | 8990 |
person that the well is to be plugged and offering the person the | 8991 |
opportunity to plug the well and restore the land surface at the | 8992 |
well site at the person's own expense in order to avoid forfeiture | 8993 |
of the equipment to this state. | 8994 |
(2) If none of the persons described in division (C)(1)(c) | 8995 |
of this section plugs the well within sixty days after the mailing | 8996 |
of the notice required by that division, all equipment appurtenant | 8997 |
to the well is hereby declared to be forfeited to this state | 8998 |
without compensation and without the necessity for any action by | 8999 |
the state for use to defray the cost of plugging and abandoning | 9000 |
the well and restoring the land surface at the well site. | 9001 |
(D) Expenditures from the fund for the purpose of division | 9002 |
(B)(1) of this section shall be made in accordance with either of | 9003 |
the following: | 9004 |
(1) The expenditures may be made pursuant to contracts | 9005 |
entered into by the chief with persons who agree to furnish all of | 9006 |
the materials, equipment, work, and labor as specified and | 9007 |
provided in such a contract. Agents or employees of persons | 9008 |
contracting with the chief for the restoration, plugging, and | 9009 |
injection projects may enter upon any
land, public or private,
| 9010 |
9011 | |
which the well is located | 9012 |
Prior to such entry, the chief shall give to the following persons | 9013 |
written notice of the existence of a contract for a project to | 9014 |
restore, plug, or inject oil or gas production wastes into a well, | 9015 |
the names of the persons with whom the contract is made, and the | 9016 |
date that the project will commence: the owner of the well, the | 9017 |
owner of the land upon which the well is located, the owner or | 9018 |
agents of adjoining land, and, if the well is located in the same | 9019 |
township as or in a township adjacent to the excavations and | 9020 |
workings of a mine and the owner or lessee of that mine has | 9021 |
provided written notice identifying those townships to the chief | 9022 |
at any time during the immediately preceding three years, the | 9023 |
owner or lessee of the mine. | 9024 |
| 9025 |
9026 | |
9027 | |
9028 | |
9029 | |
9030 | |
9031 | |
9032 |
(2)(a) The owner of the land on which a well is located who | 9033 |
has received notice under division (C)(1)(b) of this section may | 9034 |
plug the well and be reimbursed by the division for the reasonable | 9035 |
cost of plugging the well. In order to plug the well, the | 9036 |
landowner shall submit an application to the chief on a form | 9037 |
prescribed by the chief and approved by the technical advisory | 9038 |
council on oil and gas created in section 1509.38 of the Revised | 9039 |
Code. The application, at a minimum, shall require the landowner | 9040 |
to provide the same information as is required to be included in | 9041 |
the application for a permit to plug and abandon under section | 9042 |
1509.13 of the Revised Code. The application shall be accompanied | 9043 |
by a copy of a proposed contract to plug the well prepared by a | 9044 |
contractor regularly engaged in the business of plugging oil and | 9045 |
gas wells. The proposed contract shall require the contractor to | 9046 |
furnish all of the materials, equipment, work, and labor necessary | 9047 |
to plug the well properly and shall specify the price for doing | 9048 |
the work, including a credit for the equipment appurtenant to the | 9049 |
well that was forfeited to the state through the operation of | 9050 |
division (C)(2) of this section. The application also shall be | 9051 |
accompanied by the permit fee required by section 1509.13 of the | 9052 |
Revised Code unless the chief, in the chief's discretion, waives | 9053 |
payment of the permit fee. The application constitutes an | 9054 |
application for a permit to plug and abandon the well for the | 9055 |
purposes of section 1509.13 of the Revised Code. | 9056 |
(b) Within thirty days after receiving an application and | 9057 |
accompanying proposed contract under division (D)(2)(a) of this | 9058 |
section, the chief shall determine whether the plugging would | 9059 |
comply with the applicable requirements of this chapter and | 9060 |
applicable rules adopted and orders issued under it and whether | 9061 |
the cost of the plugging under the proposed contract is | 9062 |
reasonable. If the chief determines that the proposed plugging | 9063 |
would comply with those requirements and that the proposed cost of | 9064 |
the plugging is reasonable, the chief shall notify the landowner | 9065 |
of that determination and issue to the landowner a permit to plug | 9066 |
and abandon the well under section 1509.13 of the Revised Code. | 9067 |
Upon approval of the application and proposed contract, the chief | 9068 |
shall transfer ownership of the equipment appurtenant to the well | 9069 |
to the landowner. The chief may disapprove an application | 9070 |
submitted under division (D)(2)(a) of this section if the chief | 9071 |
determines that the proposed plugging would not comply with the | 9072 |
applicable requirements of this chapter and applicable rules | 9073 |
adopted and orders issued under it, that the cost of the plugging | 9074 |
under the proposed contract is unreasonable, or that the proposed | 9075 |
contract is not a bona fide, arms length contract. | 9076 |
(c) After receiving the chief's notice of the approval of | 9077 |
the application and permit to plug and abandon a well under | 9078 |
division (D)(2)(b) of this section, the landowner shall enter into | 9079 |
the proposed contract to plug the well. The plugging shall be | 9080 |
completed within one hundred eight days after the landowner | 9081 |
receives the notice of approval and permit. | 9082 |
(d) Upon determining that the plugging has been completed | 9083 |
within the time required by division (D)(2)(c) of this section and | 9084 |
has been completed in compliance with the applicable requirements | 9085 |
of this chapter and applicable rules adopted and orders issued | 9086 |
under it, the chief shall reimburse the landowner for the cost of | 9087 |
the plugging as set forth in the proposed contract approved by the | 9088 |
chief. The reimbursement shall be paid from the oil and gas well | 9089 |
fund. If the chief determines that the plugging was not completed | 9090 |
within the required time or was not completed in accordance with | 9091 |
the applicable requirements, the chief shall not reimburse the | 9092 |
landowner for the cost of the plugging, and the landowner or the | 9093 |
contractor, as applicable, promptly shall transfer back to this | 9094 |
state title to and possession of the equipment appurtenant to the | 9095 |
well that previously was transferred to the landowner under | 9096 |
division (D)(2)(b) of this section. If any such equipment was | 9097 |
removed from the well during the plugging and sold, the landowner | 9098 |
shall pay to the chief the proceeds from the sale of the | 9099 |
equipment, and the chief promptly shall pay the moneys so received | 9100 |
to the treasurer of state for deposit into the oil and gas well | 9101 |
fund. | 9102 |
The chief may establish an annual limit on the number of | 9103 |
wells that may be plugged under division (D)(2) of this section or | 9104 |
an annual limit on the expenditures to be made under that | 9105 |
division. | 9106 |
As used in division (D)(2) of this section, "plug" and | 9107 |
"plugging" include the plugging of the well and the restoration of | 9108 |
the land surface disturbed by the plugging. | 9109 |
(E) Expenditures from the oil and gas well fund for the | 9110 |
purpose of division (B)(2) of this section may be made pursuant to | 9111 |
contracts entered into by the chief with persons who agree to | 9112 |
furnish all of the materials, equipment, work, and labor as | 9113 |
specified and provided in such a contract. The competitive | 9114 |
bidding requirements of Chapter 153. of the Revised Code do not | 9115 |
apply if the chief reasonably determines that correction of the | 9116 |
applicable health or safety risk requires immediate action. The | 9117 |
chief, designated representatives of the chief, and agents or | 9118 |
employees of persons contracting with the chief under this | 9119 |
division may enter upon any land, public or private, for the | 9120 |
purpose of performing the work. | 9121 |
(F) Contracts entered into by the chief under this section | 9122 |
are not subject to either of the following: | 9123 |
(1) Chapter 4115. of the Revised Code; | 9124 |
(2) Section 153.54 of the Revised Code, except that the | 9125 |
contractor shall obtain and provide to the chief as a bid guaranty | 9126 |
a surety bond or letter of credit in an amount equal to ten per | 9127 |
cent of the amount of the contract. | 9128 |
(G) The owner of land on which a well is located who has | 9129 |
received notice under division (C)(1)(b) of this section, in lieu | 9130 |
of plugging the well in accordance with division (D)(2) of this | 9131 |
section, may cause ownership of the well to be transferred to an | 9132 |
owner who is lawfully doing business in this state and who has met | 9133 |
the financial responsibility requirements established under | 9134 |
section 1509.07 of the Revised Code, subject to the approval of | 9135 |
the chief. The transfer of ownership also shall be subject to the | 9136 |
landowner's filing the appropriate forms required under this | 9137 |
chapter and providing to the chief sufficient information to | 9138 |
demonstrate the landowner's or owner's right to produce a | 9139 |
formation or formations. That information may include a deed, a | 9140 |
lease, or other documentation of ownership or property rights. | 9141 |
The chief shall approve or disapprove the transfer of | 9142 |
ownership of the well. If the chief approves the transfer, the | 9143 |
owner is responsible for operating the well in accordance with | 9144 |
this chapter and rules adopted under it, including, without | 9145 |
limitation, all of the following: | 9146 |
(1) Filing an application with the chief under section | 9147 |
1509.06 of the Revised Code if the owner intends to drill deeper | 9148 |
or produce a formation that is not listed in the records of the | 9149 |
division for that well; | 9150 |
(2) Taking title to and possession of the equipment | 9151 |
appurtenant to the well that has been identified by the chief as | 9152 |
having been abandoned by the former owner; | 9153 |
(3) Complying with all applicable requirements that are | 9154 |
necessary to drill deeper, plug the well, or plug back the well. | 9155 |
Sec. 1509.08. Upon receipt of an application for a permit | 9156 |
required by section 1509.05 of the Revised Code, or upon receipt | 9157 |
of an application for a permit to plug and abandon under section | 9158 |
1509.13 of the Revised Code, the chief of the division of mineral | 9159 |
resources management shall determine whether the well is or is to | 9160 |
be located in a coal bearing township. | 9161 |
Whether or not the well is or is to be located in a coal | 9162 |
bearing township, the chief, by order, may refuse to issue a | 9163 |
permit required by section 1509.05 of the Revised Code to any | 9164 |
applicant who at the time of applying for the permit is in | 9165 |
material or substantial violation of this chapter or rules adopted | 9166 |
or orders issued under it. The chief shall refuse to issue a | 9167 |
permit to any applicant who at the time of applying for the permit | 9168 |
has been found liable by a final nonappealable order of a court of | 9169 |
competent jurisdiction for damage to streets, roads, highways, | 9170 |
bridges, culverts, or drainways pursuant to section 4513.34 or | 9171 |
5577.12 of the Revised Code until the applicant provides the chief | 9172 |
with evidence of compliance with the order. No applicant shall | 9173 |
attempt to circumvent this provision by applying for a permit | 9174 |
under a different name or business organization name, by | 9175 |
transferring responsibility to another person or entity, by | 9176 |
abandoning the well or lease, or by any other similar act. | 9177 |
If the well is not or is not to be located in a coal bearing | 9178 |
township, or if it is to be located in a coal bearing township, | 9179 |
but the landowner submits an affidavit attesting to ownership of | 9180 |
the property in fee simple, including the coal, and has no | 9181 |
objection to the well, the chief shall issue the permit. | 9182 |
If the application to drill, reopen, or convert concerns a | 9183 |
well that is or is to be located in a coal bearing township, the | 9184 |
chief immediately shall notify the owner or lessee of any affected | 9185 |
mine that the application has been filed and send to the owner or | 9186 |
lessee two copies of the map accompanying the application setting | 9187 |
forth the location of the well. | 9188 |
If the owner or lessee objects to the location of the well or | 9189 |
objects to any location within fifty feet of the original location | 9190 |
as a possible site for relocation of the well, the owner or lessee | 9191 |
shall notify the chief of the objection, giving the reasons for | 9192 |
the objection and, if applicable, indicating on a copy of the map | 9193 |
the particular location or locations within fifty feet of the | 9194 |
original location to which the owner or lessee objects as a site | 9195 |
for possible relocation of the well, within six days after the | 9196 |
receipt of the notice. If the chief receives no objections from | 9197 |
the owner or lessee of the mine within ten days after the receipt | 9198 |
of the notice by the owner or lessee, or if in the opinion of the | 9199 |
chief the objections offered by the owner or lessee are not | 9200 |
sufficiently well founded, the chief immediately shall notify the | 9201 |
owner or lessee of those findings. The owner or lessee may appeal | 9202 |
the decision of the chief
to the
| 9203 |
reclamation commission under section
| 9204 |
Revised Code. The appeal shall be filed within fifteen days, | 9205 |
notwithstanding provisions in divisions (A)(1) of section 1513.13 | 9206 |
of the Revised Code, to the contrary, from the date on which the | 9207 |
owner or lessee receives the notice. If the appeal is not filed | 9208 |
within that time, the chief immediately shall approve the | 9209 |
application and issue the permit if the provisions of this chapter | 9210 |
pertaining to the issuance of such a permit have been complied | 9211 |
with. | 9212 |
If the chief receives an objection from the owner or lessee | 9213 |
of the mine as to the location of the well within ten days after | 9214 |
receipt of the notice by the owner or lessee, and if in the | 9215 |
opinion of the chief the objection is well founded, the chief | 9216 |
shall disapprove the application and suggest a new location for | 9217 |
the well, provided that the suggested new location shall not be a | 9218 |
location within fifty feet of the original location to which the | 9219 |
owner or lessee has objected as a site for possible relocation of | 9220 |
the well if the chief has determined that the objection is well | 9221 |
founded. The chief immediately shall notify the applicant for the | 9222 |
permit of the disapproval and any suggestion as to a new location | 9223 |
for the well. The applicant may withdraw the application or amend | 9224 |
the application to drill the well at the location suggested by the | 9225 |
chief, or the applicant may appeal the disapproval of the | 9226 |
application by the chief to
the
| 9227 |
commission. | 9228 |
If the chief receives no objection from the owner or lessee | 9229 |
of a mine as to the location of the well, but does receive an | 9230 |
objection from the owner or lessee as to one or more locations | 9231 |
within fifty feet of the original location as possible sites for | 9232 |
relocation of the well within ten days after receipt of the notice | 9233 |
by the owner or lessee, and if in the opinion of the chief the | 9234 |
objection is well founded, the chief nevertheless shall approve | 9235 |
the application and issue a permit if the provisions of this | 9236 |
chapter pertaining to the issuance of such a permit have been | 9237 |
complied with, incorporating as a term or condition of the permit | 9238 |
that the applicant is prohibited from commencing drilling at any | 9239 |
location within fifty feet of the original location that has been | 9240 |
disapproved by the chief. The
applicant may appeal to the
| 9241 |
9242 | |
the permit prohibiting the commencement of drilling at any such | 9243 |
location disapproved by the chief. | 9244 |
Any such appeal shall be filed within fifteen days, | 9245 |
notwithstanding provisions in division (A)(1) of section 1513.13 | 9246 |
of the Revised Code to the contrary, from the date the applicant | 9247 |
receives notice of the disapproval of the application, any other | 9248 |
location within fifty feet of the original location, or terms or | 9249 |
conditions of the permit, or the owner or lessee receives notice | 9250 |
of the chief's decision. No approval or disapproval of an | 9251 |
application shall be delayed by the chief for more than fifteen | 9252 |
days from the date of sending the notice of the application to the | 9253 |
mine owner or lessee as required by this section. | 9254 |
All appeals provided for in this section shall be treated as | 9255 |
expedited appeals. The
| 9256 |
commission shall hear any such appeal in accordance with section | 9257 |
| 9258 |
within thirty days of the filing of the notice of appeal. | 9259 |
The chief shall not issue a permit to drill a new well or | 9260 |
reopen a well that is or is to be located within three hundred | 9261 |
feet of any opening of any mine used as a means of ingress, | 9262 |
egress, or ventilation for persons employed in the mine, nor | 9263 |
within one hundred feet of any building or inflammable structure | 9264 |
connected with the mine and actually used as a part of the | 9265 |
operating equipment of the mine, unless the chief determines that | 9266 |
life or property will not be endangered by drilling and operating | 9267 |
the well in that location. | 9268 |
Sec. 1509.11. The owner of any well producing or capable of | 9269 |
producing oil or gas shall file with the chief of the division of | 9270 |
mineral
resources management, on or before the
| 9271 |
of
| 9272 |
for the last preceding calendar year in such form as the chief may | 9273 |
prescribe. The chief shall include on the form, at the minimum, a | 9274 |
request for the submittal of the information that a person who is | 9275 |
regulated under this chapter is required to submit under the | 9276 |
"Emergency Planning and Community Right-To-Know Act of 1986," 100 | 9277 |
Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under it, | 9278 |
and that the division does not obtain through other reporting | 9279 |
mechanisms. | 9280 |
Sec. 1509.23. (A) Rules of the chief of the division of | 9281 |
mineral resources management may specify practices to be followed | 9282 |
in the drilling of wells and production of oil and gas for | 9283 |
protection of public health or safety or to prevent damage to | 9284 |
natural resources, including specification of devices, minimum | 9285 |
distances that wells and other excavations, structures, and | 9286 |
equipment shall be located from water wells, streets, roads, | 9287 |
highways, railroad tracks, and buildings, other methods of | 9288 |
operation, and procedures, methods, and equipment and other | 9289 |
requirements for equipment to prevent and contain discharges of | 9290 |
oil from oil production facilities and oil drilling and workover | 9291 |
facilities consistent with and equivalent in scope, content, and | 9292 |
coverage to section 311(j)(1)(c) of the "Federal Water Pollution | 9293 |
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, | 9294 |
as amended, and regulations adopted under it. | 9295 |
(B) The chief, in consultation with the emergency response | 9296 |
commission created in section 3750.02 of the Revised Code, shall | 9297 |
adopt rules in accordance with Chapter 119. of the Revised Code | 9298 |
that specify the information that shall be included in an | 9299 |
electronic database that the chief shall create and maintain. The | 9300 |
information shall be that which the chief considers to be | 9301 |
appropriate for the purpose of responding to emergency situations | 9302 |
that pose a threat to public health or safety or the environment. | 9303 |
At the minimum, the information shall include that which a person | 9304 |
who is regulated under this chapter is required to submit under | 9305 |
the "Emergency Planning and Community Right-To-Know Act of 1986," | 9306 |
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under | 9307 |
it. | 9308 |
In addition, the rules shall specify whether and to what | 9309 |
extent the database and the information that it contains will be | 9310 |
made accessible to the public. The rules shall ensure that the | 9311 |
database will be made available via the internet or a system of | 9312 |
computer disks to the emergency response commission and to every | 9313 |
local emergency planning committee and fire department in this | 9314 |
state. | 9315 |
Sec. 1513.05. There is hereby created a reclamation | 9316 |
commission consisting of seven members appointed by the governor | 9317 |
with the advice and consent of the senate. For the purposes of | 9318 |
hearing appeals under section 1513.13 of the Revised Code that | 9319 |
involve mine safety issues, the reclamation commission shall | 9320 |
consist of two additional members appointed specifically for that | 9321 |
function by the governor with the advice and consent of the | 9322 |
senate. All terms of office shall be for five years, commencing | 9323 |
on the twenty-ninth day of June and ending on the twenty-eighth | 9324 |
day of June. Each member shall hold office from the date of | 9325 |
appointment until the end of the term for which the appointment | 9326 |
was made. Each vacancy occurring on the commission shall be | 9327 |
filled by appointment within sixty days after the vacancy occurs. | 9328 |
Any member appointed to fill a vacancy occurring prior to the | 9329 |
expiration of the term for which the member's predecessor was | 9330 |
appointed shall hold office for the remainder of such term. Any | 9331 |
member shall continue in office subsequent to the expiration date | 9332 |
of the member's term until the member's successor takes office, or | 9333 |
until a period of sixty days has elapsed, whichever occurs first. | 9334 |
| 9335 |
Two of the appointees to the commission shall be persons who, | 9336 |
at the time of their appointment, own and operate a farm or are | 9337 |
retired farmers. Notwithstanding section 1513.04 of the Revised | 9338 |
Code, one of the appointees to the commission shall be a person | 9339 |
who, at the time of appointment, is the representative of an | 9340 |
operator of a coal mine. One of the appointees to the commission | 9341 |
shall be a person who, by reason of the person's previous | 9342 |
vocation, employment, or affiliations, can be classed as a | 9343 |
representative of the public. One of the appointees to the | 9344 |
commission shall be a person who, by reason of previous training | 9345 |
and experience, can be classed as one learned and experienced in | 9346 |
modern forestry practices. One of the appointees to the | 9347 |
commission shall be a person who, by reason of previous training | 9348 |
and experience, can be classed as one learned and experienced in | 9349 |
agronomy. One of the appointees to the commission shall be either | 9350 |
a person who, by reason of previous training and experience, can | 9351 |
be classed as one capable and experienced in earth-grading | 9352 |
problems, or a civil engineer. Not more than four members shall | 9353 |
be members of the same political party. | 9354 |
The two additional members of the commission who are | 9355 |
appointed specifically to hear appeals that involve mine safety | 9356 |
issues shall be individuals who, because of previous vocation, | 9357 |
employment, or affiliation, can be classified as representatives | 9358 |
of employees currently engaged in mining operations. One shall be | 9359 |
a representative of coal miners, and one shall be a representative | 9360 |
of aggregates miners. Prior to making the appointment, the | 9361 |
governor shall request the highest ranking officer in the major | 9362 |
employee organization representing coal miners in this state to | 9363 |
submit to the governor the names and qualifications of three | 9364 |
nominees and shall request the highest ranking officer in the | 9365 |
major employee organization representing aggregates miners in this | 9366 |
state to do the same. The governor shall appoint one person | 9367 |
nominated by each organization to the commission. The nominees | 9368 |
shall have not less than five years of practical experience in | 9369 |
dealing with mine health and safety issues and at the time of the | 9370 |
nomination shall be employed in positions that involve the | 9371 |
protection of the health and safety of miners. The major employee | 9372 |
organization representing coal miners and the major employee | 9373 |
organization representing aggregates miners shall represent a | 9374 |
membership consisting of the largest number of coal miners and | 9375 |
aggregates miners, respectively, in this state compared to other | 9376 |
employee organizations in the year prior to the year in which the | 9377 |
appointments are made. | 9378 |
When the commission hears an appeal that involves a coal | 9379 |
mining safety issue, one of the commission members who owns and | 9380 |
operates a farm or is a retired farmer shall be replaced by the | 9381 |
additional member who is a representative of coal miners. When | 9382 |
the commission hears an appeal that involves an aggregates mining | 9383 |
safety issue, one of the commission members who owns and operates | 9384 |
a farm or is a retired farmer shall be replaced by the additional | 9385 |
member who is a representative of aggregates miners. Neither of | 9386 |
the additional members who are appointed specifically to hear | 9387 |
appeals that involve mine safety issues shall be considered to be | 9388 |
members of the commission for any other purpose, and they shall | 9389 |
not participate in any other matters that come before the | 9390 |
commission. | 9391 |
The commission may appoint a secretary to hold office at its | 9392 |
pleasure. A commission member may serve as secretary. The | 9393 |
secretary shall perform such duties as the commission prescribes, | 9394 |
and shall receive such compensation as the commission fixes in | 9395 |
accordance with such schedules as are provided by law for the | 9396 |
compensation of state employees. | 9397 |
The commission shall appoint one or more hearing officers who | 9398 |
shall be attorneys at law admitted to practice in this state to | 9399 |
conduct hearings under this chapter. | 9400 |
Four members constitute a quorum, and no action of the | 9401 |
commission shall be valid unless it has the concurrence of at | 9402 |
least four members. The commission shall keep a record of its | 9403 |
proceedings. | 9404 |
Each member shall be paid as compensation for work as a | 9405 |
member one hundred fifty dollars per day when actually engaged in | 9406 |
the performance of work as a member and when engaged in travel | 9407 |
necessary in connection with such work. In addition to such | 9408 |
compensation each member shall be reimbursed for all traveling, | 9409 |
hotel, and other expenses, in accordance with the current travel | 9410 |
rules of the office of budget and management, necessarily incurred | 9411 |
in the performance of the member's work as a member. | 9412 |
Annually one member shall be elected as chairperson and | 9413 |
another member shall be elected as vice-chairperson for terms of | 9414 |
one year. | 9415 |
The governor may remove any member of the commission from | 9416 |
office for inefficiency, neglect of duty, malfeasance, | 9417 |
misfeasance, or nonfeasance, after delivering to the member the | 9418 |
charges against the member in writing with at least ten days' | 9419 |
written notice of the time and place at which the governor will | 9420 |
publicly hear the member, either in person or by counsel, in | 9421 |
defense of the charges against the member. If the member is | 9422 |
removed from office, the governor shall file in the office of the | 9423 |
secretary of state a complete statement of the charges made | 9424 |
against the member and a complete report of the proceedings. The | 9425 |
action of the governor removing a member from office is final. | 9426 |
The commission shall adopt rules governing procedure of | 9427 |
appeals under section 1513.13 of the Revised Code and may, for its | 9428 |
own
internal management, adopt rules
| 9429 |
private rights. | 9430 |
Sec. 1513.10. If, at the end of a coal mining operation's | 9431 |
permit or renewal period, the number of acres of land affected by | 9432 |
the operation proves to be smaller than the number of acres of | 9433 |
land for which the operator paid a permit fee for the operation | 9434 |
under section 1513.07 of the Revised Code, the operator is | 9435 |
entitled to a refund of the excess permit fee. The refund shall | 9436 |
be in an amount equal to the amount paid per acre as a permit fee | 9437 |
multiplied by the difference between the number of acres in the | 9438 |
area of land affected as verified by the division of mineral | 9439 |
resources management and the number of acres of land for which the | 9440 |
operator paid a permit fee. | 9441 |
Refunds shall be paid out of the reclamation fee fund, | 9442 |
which is hereby created in the state treasury. The treasurer of | 9443 |
state shall place forty thousand dollars from the fees collected | 9444 |
under section 1513.07 of the Revised Code in the fund. As moneys | 9445 |
are spent from the fund, the treasurer of state shall credit to | 9446 |
the fund the amount that is needed to keep the balance of the fund | 9447 |
at forty thousand dollars. The remainder of the fees collected | 9448 |
under section 1513.07 of the Revised Code shall be deposited with | 9449 |
the treasurer of state to the credit of the coal mining | 9450 |
administration and reclamation reserve fund created in section | 9451 |
1513.181 of the Revised Code. | 9452 |
Sec. 1513.13. (A)(1)
| 9453 |
9454 | |
9455 | |
9456 | |
9457 | |
9458 | |
9459 | |
interest that is or may be adversely affected by a notice of | 9460 |
violation, order, or decision of the chief of the division of | 9461 |
mineral resources management, other than a show cause order or an | 9462 |
order that adopts a rule, or by any modification, vacation, or | 9463 |
termination of such a notice, order, or decision, may appeal by | 9464 |
filing a notice of appeal with the reclamation commission for | 9465 |
review of the notice, order, or decision within thirty days after | 9466 |
the notice, order, or decision is served upon the person or within | 9467 |
thirty days after its modification, vacation, or termination and | 9468 |
by filing a copy of the notice of appeal with the chief within | 9469 |
three days after filing the notice of appeal with the commission. | 9470 |
The notice of appeal shall contain a copy of the notice of | 9471 |
violation, order, or decision complained of and the grounds upon | 9472 |
which the appeal is based. The commission has exclusive original | 9473 |
jurisdiction to hear and decide such appeals. The filing of a | 9474 |
notice of appeal under division (A)(1) of this section does not | 9475 |
operate as a stay of any order, notice of violation, or decision | 9476 |
of the chief. | 9477 |
(2) The permittee, the chief, and other interested persons | 9478 |
shall be given written notice of the time and place of the hearing | 9479 |
at least five days prior thereto. The hearing shall be of record. | 9480 |
(3) Any person authorized under this section to appeal to | 9481 |
the commission may request an informal review by the chief or the | 9482 |
chief's designee by filing a written request with the chief within | 9483 |
thirty days after a notice, order, decision, modification, | 9484 |
vacation, or termination is served upon the person. Filing of the | 9485 |
written request shall toll the time for appeal before the | 9486 |
commission, but shall not operate as a stay of any order, notice | 9487 |
of violation, or decision of the chief. The chief's determination | 9488 |
of an informal review is appealable to the commission under this | 9489 |
section. | 9490 |
(B) The commission shall affirm the notice of violation, | 9491 |
order, or decision of the chief unless the commission determines | 9492 |
that it is arbitrary, capricious, or otherwise inconsistent with | 9493 |
law; in that case the commission may modify the notice of | 9494 |
violation, order, or decision or vacate it and remand it to the | 9495 |
chief for further proceedings that the commission may direct. | 9496 |
The commission shall conduct hearings and render decisions in | 9497 |
a timely fashion, except that all of the following apply: | 9498 |
(1) When the appeal concerns an order for the cessation of | 9499 |
coal mining and reclamation operations issued pursuant to division | 9500 |
(D)(1) or (2) of section 1513.02 of the Revised Code, the | 9501 |
commission shall issue its written decision within thirty days | 9502 |
after the receipt of the appeal unless temporary relief has been | 9503 |
granted by the chairperson pursuant to division (C) of this | 9504 |
section. | 9505 |
(2) When the appeal concerns an application for a permit | 9506 |
under division (I) of section 1513.07 of the Revised Code, the | 9507 |
commission shall hold a hearing within thirty days after receipt | 9508 |
of the notice of appeal and issue its decision within thirty days | 9509 |
after the hearing. | 9510 |
(3) When the appeal concerns a decision of the chief | 9511 |
regarding release of bond under division (F) of section 1513.16 of | 9512 |
the Revised Code, the commission shall hold a hearing within | 9513 |
thirty days after receipt of the notice of appeal and issue its | 9514 |
decision within sixty days after the hearing. | 9515 |
(4) When the appeal concerns a decision of the chief | 9516 |
regarding the location of a well in a coal bearing township under | 9517 |
section 1509.08 of the Revised Code, the commission shall hold a | 9518 |
hearing and issue its decision within thirty days after receipt of | 9519 |
the notice of appeal. | 9520 |
(C) The chairperson of the commission, under conditions the | 9521 |
chairperson prescribes, may grant temporary relief the chairperson | 9522 |
considers appropriate pending final determination of an appeal if | 9523 |
all of the following conditions are met: | 9524 |
(1) All parties to the appeal have been notified and given | 9525 |
an opportunity for a hearing to be held in the locality of the | 9526 |
subject site on the request for temporary relief and the | 9527 |
opportunity to be heard on the request. | 9528 |
(2) The person requesting relief shows that there is a | 9529 |
substantial likelihood that the person will prevail on the merits. | 9530 |
(3) The relief will not adversely affect public health or | 9531 |
safety or cause significant imminent environmental harm to land, | 9532 |
air, or water resources. | 9533 |
The chairperson shall issue a decision expeditiously, except | 9534 |
that when the applicant requests relief from an order for the | 9535 |
cessation of coal mining and reclamation operations issued | 9536 |
pursuant to division (D)(1) or (2) of section 1513.02 of the | 9537 |
Revised Code, the decision shall be issued within five days after | 9538 |
its receipt. | 9539 |
Any party to an appeal filed with the commission who is | 9540 |
aggrieved or adversely affected by a decision of the chairperson | 9541 |
to grant or deny temporary relief under this section may appeal | 9542 |
that decision to the commission. The commission may confine its | 9543 |
review to the record developed at the hearing before the | 9544 |
chairperson. | 9545 |
The appeal shall be filed with the commission within thirty | 9546 |
days after the chairperson issues the decision on the request for | 9547 |
temporary relief. The commission shall issue a decision as | 9548 |
expeditiously as possible, except that when the appellant requests | 9549 |
relief from an order for the cessation of coal mining and | 9550 |
reclamation operations issued pursuant to division (D)(1) or (2) | 9551 |
of section 1513.02 of the Revised Code, the decision of the | 9552 |
commission shall be issued within five days after receipt of the | 9553 |
notice of appeal. | 9554 |
The commission shall affirm the decision of the chairperson | 9555 |
granting or denying temporary relief unless it determines that the | 9556 |
decision is arbitrary, capricious, or otherwise inconsistent with | 9557 |
law. | 9558 |
(D) Following the issuance of an order to show cause as to | 9559 |
why a permit should not be suspended or revoked pursuant to | 9560 |
division (D)(3) of section 1513.02 of the Revised Code, the chief | 9561 |
or a representative of the chief shall hold a public adjudicatory | 9562 |
hearing after giving written notice of the time, place, and date | 9563 |
thereof. The hearing shall be of record. | 9564 |
Within sixty days following the public hearing, the chief | 9565 |
shall issue and furnish to the permittee and all other parties to | 9566 |
the hearing a written decision, and the reasons therefor, | 9567 |
concerning suspension or revocation of the permit. If the chief | 9568 |
revokes the permit, the permittee immediately shall cease coal | 9569 |
mining operations on the permit area and shall complete | 9570 |
reclamation within a period specified by the chief, or the chief | 9571 |
shall declare as forfeited the performance bonds for the | 9572 |
operation. | 9573 |
(E)(1) Whenever an enforcement order or permit decision is | 9574 |
appealed under this section or any action is filed under division | 9575 |
(B) of section 1513.15 or 1513.39 of the Revised Code, at the | 9576 |
request of a prevailing party, a sum equal to the aggregate amount | 9577 |
of all costs and expenses, including attorney's fees, as | 9578 |
determined to have been necessary and reasonably incurred by the | 9579 |
prevailing party for or in connection with participation in the | 9580 |
enforcement proceedings before the commission, the court under | 9581 |
section 1513.15 of the Revised Code, or the chief under section | 9582 |
1513.39 of the Revised Code, may be awarded, as considered proper, | 9583 |
in accordance with divisions (E)(1)(a) to (c) of this section. In | 9584 |
no event shall attorney's fees awarded under this section exceed, | 9585 |
for the kind and quality of services, the prevailing market rates | 9586 |
at the time the services were furnished under division (A) of this | 9587 |
section. A party may be entitled to costs and expenses related | 9588 |
solely to the preparation, defense, and appeal of a petition for | 9589 |
costs and expenses, provided that the costs and expenses are | 9590 |
limited and proportionate to costs and expenses otherwise allowed | 9591 |
under division (E) of this section. | 9592 |
(a) A party, other than the permittee or the division of | 9593 |
mineral resources management, shall file a petition, if any, for | 9594 |
an award of costs and expenses, including attorney's fees, with | 9595 |
the chief, who shall review the petition. If the chief finds that | 9596 |
the party, other than the permittee or the division, prevailed in | 9597 |
whole or in part, made a substantial contribution to a full and | 9598 |
fair determination of the issues, and made a contribution separate | 9599 |
and distinct from the contribution made by any other party, the | 9600 |
chief may award to that party the party's costs and expenses, | 9601 |
including attorney's fees that were necessary and reasonably | 9602 |
incurred by the party for, or in connection with, participation in | 9603 |
the proceeding before the commission. | 9604 |
(b) If a permittee who made a request under division (E)(1) | 9605 |
of this section demonstrates that a party other than a permittee | 9606 |
who initiated an appeal under this section or participated in such | 9607 |
an appeal initiated or participated in the appeal in bad faith and | 9608 |
for the purpose of harassing or embarrassing the permittee, the | 9609 |
permittee may file a petition with the chief. The chief may award | 9610 |
to the permittee the costs and expenses reasonably incurred by the | 9611 |
permittee in connection with participation in the appeal and | 9612 |
assess those costs and expenses against the party who initiated | 9613 |
the appeal. | 9614 |
(c) The division may file, with the commission, a request | 9615 |
for an award to the division of the costs and expenses reasonably | 9616 |
incurred by the division in connection with an appeal initiated | 9617 |
under this section. The commission may assess those costs and | 9618 |
expenses against the party who initiated the appeal if the | 9619 |
division demonstrates that the party initiated or participated in | 9620 |
the appeal in bad faith and for the purpose of harassing or | 9621 |
embarrassing the division. | 9622 |
(2) Whenever an order issued under this section or as a | 9623 |
result of any administrative proceeding under this chapter is the | 9624 |
subject of judicial review, at the request of any party, a sum | 9625 |
equal to the aggregate amount of all costs and expenses, including | 9626 |
attorney's fees, as determined by the court to have been necessary | 9627 |
and reasonably incurred by the party for or in connection with | 9628 |
participation in the proceedings, may be awarded to either party, | 9629 |
in accordance with division (E)(1) of this section, as the court, | 9630 |
on the basis of judicial review, considers proper. | 9631 |
Sec. 1513.14. (A) Any party aggrieved or adversely affected | 9632 |
by a decision of the reclamation commission may appeal to the | 9633 |
court of appeals for the county in which the activity addressed by | 9634 |
the decision of the commission occurred, is occurring, or will | 9635 |
occur, which court has exclusive jurisdiction over the appeal. The | 9636 |
appeal shall be filed within thirty days of issuance of the | 9637 |
decision of the commission. The court shall confine its review to | 9638 |
the record certified by the commission. The court may, upon | 9639 |
motion,
grant such temporary relief
as it
| 9640 |
appropriate pending final disposition of the appeal if all of the | 9641 |
following apply: | 9642 |
(1) All parties to the appeal have been notified and given | 9643 |
an opportunity to be heard on a request for temporary relief | 9644 |
(2) The person requesting the relief shows that there is a | 9645 |
substantial likelihood that the person will prevail on the
merits | 9646 |
9647 |
(3) The relief will not adversely affect public health or | 9648 |
safety or the health or safety of miners or cause significant | 9649 |
imminent environmental harm to land, air, or water resources. | 9650 |
The court shall affirm the decision of the commission unless | 9651 |
the court determines that it is arbitrary, capricious, or | 9652 |
otherwise inconsistent with law, in which case the court shall | 9653 |
vacate the decision and remand to the commission for such further | 9654 |
proceedings as it may direct. | 9655 |
(B) Any order of the chief of the division of mineral | 9656 |
resources management adopting a rule shall be subject to judicial | 9657 |
review in the Franklin county court of appeals, which court has | 9658 |
exclusive original jurisdiction to review the order. A petition | 9659 |
for review of the order shall be filed within thirty days from the | 9660 |
date of such order. The petition may be made by any person who | 9661 |
participated in the rule-making proceedings and who is aggrieved | 9662 |
by the order. The court shall confine its review to the record of | 9663 |
the rule-making proceedings. The order shall be affirmed unless | 9664 |
the court concludes that the order is arbitrary, capricious, or | 9665 |
otherwise inconsistent with law, in which case the court shall | 9666 |
vacate the order or portion thereof and remand to the chief for | 9667 |
such further proceedings as it may direct. | 9668 |
Sec. 1514.11. In addition to the purposes authorized in | 9669 |
section 1514.06 of the Revised Code, the chief of the division of | 9670 |
mineral resources management may use moneys in the surface mining | 9671 |
fund created under that section for the administration and | 9672 |
enforcement of this chapter, for the reclamation of land affected | 9673 |
by surface mining under a permit issued under this chapter that | 9674 |
the operator failed to reclaim and for which the performance bond | 9675 |
filed by the operator is insufficient to complete the reclamation, | 9676 |
| 9677 |
was abandoned and left unreclaimed and for which no permit was | 9678 |
issued or bond filed under this chapter, and for the mine safety | 9679 |
and first aid classes provided under division (C) of section | 9680 |
1561.26 of the Revised Code. The chief, with the approval of the | 9681 |
director of natural resources, annually shall determine the | 9682 |
amounts to be expended for the mine safety and first aid classes. | 9683 |
For purposes of this section, the chief shall expend moneys in the | 9684 |
fund in accordance with the procedures and requirements | 9685 |
established in section 1514.06 of the Revised Code and may enter | 9686 |
into contracts and perform work in accordance with that section. | 9687 |
Fees collected under sections 1514.02 and 1514.03 of the | 9688 |
Revised Code, one-half of the moneys collected from the severance | 9689 |
taxes levied under divisions (A)(3) and (4) of section 5749.02 of | 9690 |
the Revised Code, and all of the moneys collected from the | 9691 |
severance tax levied under division (A)(7) of section 5749.02 of | 9692 |
the Revised Code shall be credited to the fund in accordance with | 9693 |
those sections. Notwithstanding any section of the Revised Code | 9694 |
relating to the distribution or crediting of fines for violations | 9695 |
of the Revised Code, all fines imposed under section 1514.99 of | 9696 |
the Revised Code shall be credited to the fund. | 9697 |
Sec. 1521.04. The chief of the division of water, with the | 9698 |
approval of the director of natural resources, may make loans and | 9699 |
grants from the water management fund created in section 1501.32 | 9700 |
of the Revised Code to governmental agencies for water management, | 9701 |
water supply improvements, and planning and may administer grants | 9702 |
from the federal government and from other public or private | 9703 |
sources for carrying out those functions and for the performance | 9704 |
of any acts that may be required by the United States or by any | 9705 |
agency or department thereof as a condition for the participation | 9706 |
by any governmental agency in any federal financial or technical | 9707 |
assistance program. Direct and indirect costs of administration | 9708 |
may be paid from the water management fund. | 9709 |
The chief may use the water management fund to acquire, | 9710 |
construct, reconstruct, improve, equip, maintain, operate, and | 9711 |
dispose of water management improvements. The chief may fix, | 9712 |
alter, charge, and collect rates, fees, rentals, and other charges | 9713 |
to be paid into the water management fund by governmental agencies | 9714 |
and persons who are supplied with water by facilities constructed | 9715 |
or operated by the department of natural resources in order to | 9716 |
amortize and defray the cost of the construction, maintenance, and | 9717 |
operation of
those facilities.
| 9718 |
9719 | |
9720 | |
9721 |
Sec. 1521.19. (A) There is hereby created the Ohio water | 9722 |
resources council consisting of the directors of agriculture, | 9723 |
development, environmental protection, health, natural resources, | 9724 |
transportation, and the Ohio public works commission, the | 9725 |
chairperson of the public utilities commission of Ohio, the | 9726 |
executive directors of the state and local government commission | 9727 |
of Ohio and the Ohio water development authority, and an executive | 9728 |
assistant in the office of the governor appointed by the governor. | 9729 |
The governor shall appoint one of the members of the council to | 9730 |
serve as its chairperson. The council may adopt bylaws that are | 9731 |
necessary for the implementation of this section. The council | 9732 |
shall provide a forum for policy development, collaboration and | 9733 |
coordination among state agencies, and strategic direction with | 9734 |
respect to state water resource programs. The council shall be | 9735 |
assisted in its functions by a state agency coordinating group and | 9736 |
an advisory group as provided in this section. | 9737 |
(B) The state agency coordinating group shall consist of the | 9738 |
executive director of the Ohio Lake Erie commission and a member | 9739 |
or members from each state agency, commission, and authority | 9740 |
represented on the council, to be appointed by the applicable | 9741 |
director, chairperson, or executive director. However, the | 9742 |
environmental protection agency shall be represented on the group | 9743 |
by the chiefs of the divisions within that agency having | 9744 |
responsibility for surface water programs and drinking and ground | 9745 |
water programs, and the department of natural resources shall be | 9746 |
represented on the group by the chief of the division of water | 9747 |
and the chief of the division of soil and water conservation. The | 9748 |
chairperson of the council shall appoint a leader of the state | 9749 |
agency coordinating group. The group shall provide assistance to | 9750 |
and perform duties on behalf of the council as directed by the | 9751 |
council. | 9752 |
(C) The advisory group shall consist of not more than twenty | 9753 |
members, each representing an organization or entity with an | 9754 |
interest in water resource issues. The council shall appoint the | 9755 |
members of the advisory group. Of the initial appointments, not | 9756 |
more than ten members shall be appointed for one-year terms, and | 9757 |
not more than ten members shall be appointed for two-year terms. | 9758 |
Thereafter, all advisory group members shall serve two-year terms. | 9759 |
Members may be reappointed. Each member shall hold office from | 9760 |
the date of the member's appointment until the end of the member's | 9761 |
term. A member shall continue in office subsequent to the | 9762 |
expiration date of the member's term until the member's successor | 9763 |
takes office or until a period of sixty days has elapsed, | 9764 |
whichever occurs first. The council may remove a member for | 9765 |
misfeasance, nonfeasance, or malfeasance in office. The council | 9766 |
shall appoint members to fill any vacancies on the group. A | 9767 |
member appointed to fill a vacancy shall hold office for the | 9768 |
remainder of the term for which that member was appointed. | 9769 |
The chairperson of the council shall appoint a chairperson of | 9770 |
the advisory group. The advisory group shall advise the council | 9771 |
on water resources issues addressed by the council. | 9772 |
(D) There is hereby created in the state treasury the Ohio | 9773 |
water resources council fund. The department of natural resources | 9774 |
shall serve as the fiscal agent for the fund. The departments of | 9775 |
agriculture, development, environmental protection, health, | 9776 |
natural resources, and transportation shall transfer moneys to the | 9777 |
fund in equal amounts via intrastate transfer voucher. The public | 9778 |
utilities commission of Ohio, Ohio public works commission, state | 9779 |
and local government commission of Ohio, and Ohio water | 9780 |
development authority may transfer moneys to the fund. If a | 9781 |
voluntary transfer of moneys is made to the fund, the portion that | 9782 |
is required to be transferred by the departments of agriculture, | 9783 |
development, environmental protection, health, natural resources, | 9784 |
and transportation may be equally reduced. Moneys in the fund | 9785 |
shall be used to pay the operating expenses of the Ohio water | 9786 |
resources council, including those specified in division (E) of | 9787 |
this section. | 9788 |
(E) The Ohio water resources council may hire staff to | 9789 |
support its activities. The council may enter into contracts and | 9790 |
agreements with state agencies, political subdivisions, and | 9791 |
private entities to assist in accomplishing its objectives. | 9792 |
Advisory group members shall be reimbursed for expenses | 9793 |
necessarily incurred in the performance of their duties pursuant | 9794 |
to section 126.31 of the Revised Code and any applicable rules | 9795 |
pertaining to travel reimbursement adopted by the office of budget | 9796 |
and management. | 9797 |
Sec. 1531.35. The wildlife boater angler fund is hereby | 9798 |
created in the state treasury. The fund shall consist of money | 9799 |
credited to the fund pursuant to section 5735.051 of the Revised | 9800 |
Code and other money contributed to the division of wildlife for | 9801 |
the purposes of the fund. The fund
| 9802 |
access construction,
| 9803 |
9804 | |
on which the operation of gasoline-powered watercraft is | 9805 |
permissible. | 9806 |
Sec. 1533.13. Hunting and fishing licenses, wetlands habitat | 9807 |
stamps, deer and wild turkey permits, and fur taker permits shall | 9808 |
be issued by the clerk of the court of common pleas, village and | 9809 |
township clerks, and other authorized agents designated by the | 9810 |
chief of the division of wildlife. When required by the chief, a | 9811 |
clerk or agent shall give bond in the manner provided by the | 9812 |
chief. All bonds, reports, except records prescribed by the | 9813 |
auditor of state, and moneys received by those persons shall be | 9814 |
handled under rules adopted by the director of natural resources. | 9815 |
The premium
| 9816 |
9817 | |
under this section may be paid by the chief. Any person who is | 9818 |
designated and authorized by the chief to issue licenses, stamps, | 9819 |
and permits as provided in this section, except the clerk of the | 9820 |
court of common pleas and the village and township clerks, shall | 9821 |
pay to the chief a premium in an amount that represents the | 9822 |
person's portion of the premium paid by the chief under this | 9823 |
section, which amount shall be established by the chief and | 9824 |
approved by the wildlife council created under section 1531.03 of | 9825 |
the Revised Code. The chief shall pay all moneys that the chief | 9826 |
receives as premiums under this section into the state treasury to | 9827 |
the credit of the wildlife fund created under section 1531.17 of | 9828 |
the Revised Code. | 9829 |
Every authorized agent, for the purpose of issuing hunting | 9830 |
and fishing licenses, deer and wild turkey permits, and fur taker | 9831 |
permits, may administer oaths to and take affidavits from | 9832 |
applicants for the licenses or permits when required. An | 9833 |
authorized agent may appoint deputies to perform any acts that the | 9834 |
agent is authorized to perform, consistent with division rules. | 9835 |
Every applicant for a hunting or fishing license, deer or | 9836 |
wild turkey permit, or fur taker permit, unless otherwise provided | 9837 |
by division rule, shall make and subscribe an affidavit setting | 9838 |
forth the applicant's name, age, weight, height, occupation, place | 9839 |
of residence, personal description, and citizenship. The clerk or | 9840 |
other agent authorized to issue licenses and permits shall charge | 9841 |
each applicant a fee of one dollar for taking the affidavit and | 9842 |
issuing the license or permit. The application, license, permit, | 9843 |
and other blanks required by this section shall be prepared and | 9844 |
furnished by the chief, in such form as the chief provides, to the | 9845 |
clerk or other agent authorized to issue them. The licenses and | 9846 |
permits shall be issued to applicants by the clerk or other agent. | 9847 |
The record of licenses and permits kept by the clerk and other | 9848 |
authorized agents shall be uniform throughout the state and in | 9849 |
such form or manner as the auditor of state prescribes and shall | 9850 |
be open at all reasonable hours to the inspection of any person. | 9851 |
Unless otherwise provided by division rule, each hunting license, | 9852 |
deer or wild turkey permit, and fur taker permit issued shall | 9853 |
remain in force until midnight of the thirty-first day of August | 9854 |
next ensuing. Application for any such license or permit may be | 9855 |
made and a license or permit issued prior to the date upon which | 9856 |
it becomes effective. | 9857 |
The chief may require an applicant who wishes to purchase a | 9858 |
license, stamp, or permit by mail or telephone to pay a nominal | 9859 |
fee for postage and handling. | 9860 |
The court before whom a violator of any laws or division | 9861 |
rules for the protection of wild animals is tried, as a part of | 9862 |
the punishment, shall revoke the license, stamp, or permit of any | 9863 |
person convicted. The license, stamp, or permit fee paid by that | 9864 |
person shall not be returned to the person. The person shall not | 9865 |
procure or use any other license, stamp, or permit or engage in | 9866 |
hunting wild animals or trapping fur-bearing animals during the | 9867 |
period of revocation as ordered by the court. | 9868 |
No person under sixteen years of age shall engage in hunting | 9869 |
unless accompanied by the person's parent or another adult person. | 9870 |
Sec. 1547.67. The division of watercraft, with the approval | 9871 |
of the director of natural resources, may expend, for the purpose | 9872 |
of assisting political subdivisions, conservancy districts, and | 9873 |
state departments to establish or maintain and operate a marine | 9874 |
patrol for the purpose of enforcing this chapter and Chapter 1548. | 9875 |
of the Revised Code and rules adopted under them and to provide | 9876 |
emergency response to boating accidents on the water, such funds | 9877 |
as are appropriated by the general assembly for that purpose and, | 9878 |
in addition, such moneys from the waterways safety fund | 9879 |
established in section 1547.75 of the Revised Code as determined | 9880 |
to be necessary by the division not to exceed ten per cent of all | 9881 |
moneys accruing to the fund. In no case shall the grant to a | 9882 |
political subdivision, conservancy district, or state department, | 9883 |
not including the department of natural resources, total more than | 9884 |
| 9885 |
allocated may be used for the purchase, maintenance, and operation | 9886 |
of vessels and marine equipment, educational materials, and | 9887 |
personnel salaries that are necessary for enforcement of this | 9888 |
chapter and Chapter 1548. of the Revised Code and rules adopted | 9889 |
under them and to provide emergency response to boating accidents | 9890 |
on the water. | 9891 |
The division shall disburse the moneys as provided in this | 9892 |
section in accordance with its determination of need in the | 9893 |
enforcement of this chapter and Chapter 1548. of the Revised Code | 9894 |
and rules adopted under them and shall disburse those moneys only | 9895 |
on a cost share basis to supplement funds allocated by a political | 9896 |
subdivision, conservancy district, or state department for that | 9897 |
purpose. A grantee shall provide at least twenty-five per cent of | 9898 |
the total program cost. | 9899 |
Sec. 1561.05. The laws relating to mines and mining and | 9900 |
duties and functions of the division of mineral resources | 9901 |
management shall be administered by the chief of the division of | 9902 |
mineral resources management, and through and by deputy mine | 9903 |
inspectors. If a vacancy occurs in the office of a deputy mine | 9904 |
inspector, it may be filled by the chief, who shall select a | 9905 |
| 9906 |
9907 | |
prepared under section 124.24 of the Revised Code. | 9908 |
The chief shall adopt, in accordance with Chapter 119. of the | 9909 |
Revised Code, all necessary rules for conducting examinations and | 9910 |
for governing all other matters requisite to the exercise of the | 9911 |
chief's powers and the performance of the chief's duties under | 9912 |
this chapter and Chapters 1509., 1563., 1565., and 1567. of the | 9913 |
Revised Code relating to mines and mining. | 9914 |
Sec. 1561.07. The mining laws of this state shall extend to | 9915 |
and govern the operation of clay mines and clay stripping pits in | 9916 |
so far as such laws are applicable thereto. The chief of the | 9917 |
division of mineral resources management shall adopt, publish, and | 9918 |
enforce specific rules particularly applicable to clay mining | 9919 |
operations to safeguard life and property in the clay mining | 9920 |
industry and to secure safe and sanitary working conditions in | 9921 |
such clay mines and clay stripping pits. | 9922 |
Such rules adopted by the chief shall provide that: | 9923 |
(A) Distances between break-throughs in clay mines shall not | 9924 |
exceed one hundred feet, unless permission in special cases is | 9925 |
granted by the chief, after maps have been filed with the chief | 9926 |
showing the method of working and ventilating the same, if such | 9927 |
distances would add to increased safety. | 9928 |
(B) When, in the opinion of the mine foreperson or deputy | 9929 |
mine inspector, line brattices or other approved methods of | 9930 |
circulation are necessary to deliver sufficient air to the working | 9931 |
face, they shall be provided by the owner, operator, or lessee. | 9932 |
(C) Not more than a two days' supply of explosives shall be | 9933 |
stored in a clay mine at any one time, and not more than one | 9934 |
hundred pounds of explosives shall be stored in any one place at | 9935 |
any one time. | 9936 |
(D) Charges of explosives shall be made up at least one | 9937 |
hundred feet away from any storage place for explosives. | 9938 |
(E) There shall be no less than two persons in each working | 9939 |
place when shots are being lighted. | 9940 |
(F) Misfired shots in clay mines shall be posted on the | 9941 |
bulletin board or other conspicuous place available for | 9942 |
examination by the workers when shots are fired by other than the | 9943 |
loaders. | 9944 |
(G) The use of electric blasting caps shall be encouraged as | 9945 |
a safety measure. | 9946 |
The chief, in assigning deputy mine inspectors, shall | 9947 |
designate inspectors who have had experience and are especially | 9948 |
qualified in clay mining operations, to examine and inspect clay | 9949 |
mining operations and enforce the law relating to such operations. | 9950 |
The
| 9951 |
and issuing certificates
for mine forepersons, shall
| 9952 |
provide by rules adopted under section 1561.05 of the Revised Code | 9953 |
for the examination of applicants for certificates as mine | 9954 |
forepersons in a clay mine or clay stripping pits to test the | 9955 |
applicant on experience and fitness on the problems and duties | 9956 |
peculiar to the clay mining industry. An applicant for a | 9957 |
certificate as a clay mine foreperson shall have at least three | 9958 |
years' experience in mining operations. | 9959 |
Sec. 1561.11. The
| 9960 |
of mineral resources management, for the purpose of conducting the | 9961 |
examinations for mine
| 9962 |
designate one or more examining boards of three members, selected | 9963 |
from among the deputy mine inspectors, superintendent and | 9964 |
assistant superintendents of rescue stations, and electrical | 9965 |
inspectors. The examinations shall be conducted in the district | 9966 |
of the applicant's residence or as near thereto as practicable. | 9967 |
Grading and issuance of certificates shall be done by the
| 9968 |
chief. | 9969 |
Sec. 1561.12. An applicant for any examination or | 9970 |
certificate under this section shall, before being examined, | 9971 |
register
| 9972 |
chief of the division of mineral resources management and file | 9973 |
with the
| 9974 |
establishing
| 9975 |
a certificate of good character and temperate habits signed by at | 9976 |
least three reputable citizens
of the community in which
| 9977 |
applicant resides, and a certificate from a reputable and | 9978 |
disinterested physician as to the physical condition of such | 9979 |
applicant showing that
| 9980 |
performing the duties of the office or position. | 9981 |
Each applicant for examination for any of the following | 9982 |
positions shall present evidence satisfactory to the
| 9983 |
that
| 9984 |
state for two years next preceding the date of application: | 9985 |
(A) An applicant for the position of deputy mine inspector | 9986 |
of underground mines shall have had actual practical experience of | 9987 |
not less than six years, at least two of which shall have been in | 9988 |
the underground workings of
| 9989 |
of an applicant who would inspect underground coal mines, the two | 9990 |
years shall consist of actual practical experience in underground | 9991 |
coal mines. In the case of an applicant who would inspect noncoal | 9992 |
mines, the two years shall consist of actual practical experience | 9993 |
in noncoal mines. In lieu of two years of the actual practical | 9994 |
experience required, the
| 9995 |
thereof a certificate evidencing graduation from an accredited | 9996 |
school of mines or mining, after a four-year course of study, but | 9997 |
such credit shall not apply as to the two years' actual practical | 9998 |
experience
required in the
| 9999 |
| 10000 |
applicant's practical and technological knowledge of mine | 10001 |
surveying, mining machinery, and appliances; the proper | 10002 |
development and operation of mines; the best methods of working | 10003 |
and ventilating mines; the nature, properties, and powers of | 10004 |
noxious, poisonous, and explosive gases, particularly methane; the | 10005 |
best means and methods of detecting, preventing, and removing the | 10006 |
accumulation of such gases; the use and operation of gas detecting | 10007 |
devices and appliances; first aid to the injured; and the uses and | 10008 |
dangers of electricity as applied and used in, at, and around | 10009 |
mines. Such
applicant shall also hold a certificate for
| 10010 |
foreperson of gaseous
mines issued by the
| 10011 |
chief. | 10012 |
(B) An applicant for the position of deputy mine inspector | 10013 |
of surface mines shall have had actual practical mining experience | 10014 |
of not less than six years, at least two of which shall have been | 10015 |
in surface coal mines in this state. In lieu of two years of the | 10016 |
actual practical experience required, the
| 10017 |
as the equivalent thereof a certificate evidencing graduation from | 10018 |
an accredited school of mines or mining, after a four-year course | 10019 |
of study, but that credit shall not apply as to the two years' | 10020 |
actual practical experience required in the coal mines in this | 10021 |
state. The applicant shall pass an examination as
to
| 10022 |
applicant's practical and technological knowledge of surface mine | 10023 |
surveying, machinery, and appliances; the proper development and | 10024 |
operations of surface mines; first aid to the injured; and the use | 10025 |
and dangers of explosives and electricity as applied and used in, | 10026 |
at, and around surface mines. The applicant shall also hold a | 10027 |
surface mine
| 10028 |
10029 |
(C) An applicant for the position of electrical inspector | 10030 |
shall have had at least five years' practical experience in the | 10031 |
installation and maintenance of electrical circuits and equipment | 10032 |
in mines, and
| 10033 |
the principles underlying the safety features of permissible and | 10034 |
approved equipment as authorized and used in mines. | 10035 |
| 10036 |
required for deputy mine inspectors and an examination testing and | 10037 |
determining
| 10038 |
competently
inspect and
administer the mining law
| 10039 |
relates to electricity used in and around mines and mining in this | 10040 |
state. | 10041 |
(D) An applicant for the position of superintendent or | 10042 |
assistant superintendent of rescue stations shall possess the same | 10043 |
qualifications as those required for a deputy mine inspector. In | 10044 |
addition,
| 10045 |
the
| 10046 |
and trained to organize, supervise, and conduct group training | 10047 |
classes in first aid, safety, and rescue work. | 10048 |
| 10049 |
deputy
mine
inspectors and shall be tested as to
| 10050 |
applicant's practical and technological experience and training in | 10051 |
first aid, safety, and mine rescue work. | 10052 |
(E) An applicant for the position of mine chemist shall have | 10053 |
such educational training as is represented by the degree MS in | 10054 |
chemistry from a university of recognized standing, and at least | 10055 |
five years of actual practical experience in research work in | 10056 |
chemistry or as an assistant chemist. The
| 10057 |
that an equivalent combination of education and experience | 10058 |
together with a wide knowledge of the methods of and skill in | 10059 |
chemical analysis and research may be accepted in lieu of the | 10060 |
above qualifications. It is preferred that such chemist shall | 10061 |
have had actual experience in mineralogy and metallurgy. | 10062 |
(F) An applicant for the position of gas storage well | 10063 |
inspector shall possess the same qualifications as an applicant | 10064 |
for the position of deputy mine inspector and shall have a | 10065 |
practical knowledge and experience of and in the operation, | 10066 |
location, drilling, maintenance, and abandonment of oil and gas | 10067 |
wells, especially in coal or mineral bearing townships, and shall | 10068 |
have a thorough knowledge of the latest and best method of | 10069 |
plugging and sealing abandoned oil and gas wells. | 10070 |
Such applicant for gas storage well inspector shall pass an | 10071 |
examination conducted by the
| 10072 |
applicant's fitness to act as a gas storage well inspector before | 10073 |
being eligible for appointment. | 10074 |
Sec. 1561.13. The
| 10075 |
of mineral resources management shall conduct examinations for | 10076 |
offices and positions in the division of mineral resources | 10077 |
management, and for mine forepersons, mine electricians, shot | 10078 |
firers, surface mine blasters, and fire bosses, as follows: | 10079 |
(A) Division of mineral resources management: | 10080 |
(1) Deputy mine inspectors of underground mines; | 10081 |
(2) Deputy mine inspectors of surface mines; | 10082 |
(3) Electrical inspectors; | 10083 |
(4) Superintendent of rescue stations; | 10084 |
(5) Assistant superintendents of rescue stations; | 10085 |
(6) Mine chemists at a division laboratory if the
chief
| 10086 |
10087 | |
laboratory; | 10088 |
(7) Gas storage well inspector. | 10089 |
(B) Mine forepersons: | 10090 |
(1) Mine foreperson of gaseous mines; | 10091 |
(2) Mine foreperson of nongaseous mines; | 10092 |
(3) Mine foreperson of surface mines. | 10093 |
(C) Forepersons: | 10094 |
(1) Foreperson of gaseous mines; | 10095 |
(2) Foreperson of nongaseous mines; | 10096 |
(3) Foreperson of surface maintenance facilities at | 10097 |
underground or surface mines; | 10098 |
(4) Foreperson of surface mines. | 10099 |
(D) Fire bosses. | 10100 |
(E) Mine electricians. | 10101 |
(F) Surface mine blasters. | 10102 |
(G) Shot firers. | 10103 |
| 10104 |
10105 |
The
| 10106 |
10107 | |
candidates for appointment or promotion as deputy mine inspectors | 10108 |
and such other positions and offices set forth in division (A) of | 10109 |
this section as are necessary. Special examinations may be held | 10110 |
whenever it becomes necessary to make appointments to any of those | 10111 |
positions. | 10112 |
| 10113 |
seeking certificates of competency as mine forepersons, | 10114 |
forepersons, mine electricians, shot firers, surface mine | 10115 |
blasters, and fire bosses | 10116 |
quarterly or more often as required, at such times and places | 10117 |
within the state as shall, in the judgment of the
| 10118 |
afford the best facilities to the greatest number of applicants. | 10119 |
Public notice shall be given through the press or otherwise, not | 10120 |
less than ten days in advance, announcing the time and place at | 10121 |
which examinations under this section are to be held. | 10122 |
The examinations provided for in this section shall be | 10123 |
conducted under rules adopted under section 1561.05 of the Revised | 10124 |
Code and conditions prescribed by the
| 10125 |
10126 | |
10127 | |
shall, upon application of any candidate, be furnished to the | 10128 |
candidate by the
| 10129 |
application to all candidates in the several groups. | 10130 |
Sec. 1561.14. A person who applies for a certificate as a | 10131 |
mine electrician shall be able to read and write the English | 10132 |
language, and prior to the date of the application for examination | 10133 |
either shall have had at least one year's experience in performing | 10134 |
electrical work underground in a coal mine, in the surface work | 10135 |
area of an underground coal mine, in a surface coal mine, or in a | 10136 |
noncoal mine, or shall have had such experience as the
| 10137 |
10138 | |
management determines to be equivalent. Each applicant for | 10139 |
examination shall pay a
fee of ten dollars to the
| 10140 |
the first day of the examination. Any moneys collected under this | 10141 |
section shall be paid into the state treasury to the credit of the | 10142 |
mining regulation fund created in section 1561.48 of the Revised | 10143 |
Code. | 10144 |
Sec. 1561.15. An applicant for a certificate as mine
| 10145 |
foreperson,
| 10146 |
surface mine
blaster, or fire boss shall apply to the
| 10147 |
10148 | |
management for
examination and shall be examined by the
| 10149 |
chief. This shall be a practical examination, a substantial part | 10150 |
of which shall be oral, to determine the competency of the | 10151 |
applicant, based on experience and practical knowledge of the | 10152 |
dangers incident to coal mining, and not upon technical education, | 10153 |
but consideration shall be given such technical education as the | 10154 |
applicant possesses. This examination shall be held as soon after | 10155 |
application is made as practicable in the district from which the | 10156 |
applicant makes application. | 10157 |
Sec. 1561.16. (A) As used in this section and sections | 10158 |
1561.17 to 1561.21 of the Revised Code, "actual practical | 10159 |
experience" means previous employment that involved a person's | 10160 |
regular presence in the type of mining operation in which the | 10161 |
experience is required to exist; participation in functions | 10162 |
relating to the hazards involved in and the utilization of | 10163 |
equipment, tools, and work crews and individuals for that type of | 10164 |
mining; and regular exposure to the methods, procedures, and | 10165 |
safety laws applicable to that type of mining. Credit of up to | 10166 |
one year for a portion of the required experience time may be | 10167 |
given upon documentation to the
| 10168 |
division of mineral resources management of an educational degree | 10169 |
in a field related to mining. Credit of up to two years of the | 10170 |
required experience time may be given upon presentation to the | 10171 |
| 10172 |
accredited school of mines or mining after a four-year course of | 10173 |
study with employment in the mining industry during interim breaks | 10174 |
during the school years. | 10175 |
(B) A person who applies for a certificate as a mine
| 10176 |
foreperson of gaseous mines shall be able to read and write the | 10177 |
English language; shall have had at least five years' actual | 10178 |
practical experience in the underground workings of a gaseous mine | 10179 |
or the equivalent thereof in the judgment of the
| 10180 |
10181 | |
actual contact with gas in mines and have knowledge of the dangers | 10182 |
and nature of noxious and explosive gases and ventilation of | 10183 |
gaseous mines. An applicant for a certificate as a
| 10184 |
foreperson of gaseous mines shall meet the same requirements, | 10185 |
except that the applicant shall have had at least three years' | 10186 |
actual practical experience in the underground workings of a | 10187 |
gaseous mine or the
equivalent thereof in the judgment of the
| 10188 |
10189 | |
fee of ten dollars to
the
| 10190 |
examination. Any moneys collected under this section shall be | 10191 |
paid into the state treasury to the credit of the mining | 10192 |
regulation fund created in section 1561.48 of the Revised Code. | 10193 |
Sec. 1561.17. A person who applies for a certificate as mine | 10194 |
| 10195 |
be able to read and write the English language; shall have had at | 10196 |
least three years' actual practical experience in mines, or the | 10197 |
equivalent thereof in the judgment of the
| 10198 |
chief of the division of mineral resources management; and shall | 10199 |
have knowledge of the dangers and nature of noxious gases. Each | 10200 |
applicant for examination shall pay a fee of ten dollars to the | 10201 |
| 10202 |
collected under this section shall be paid into the state treasury | 10203 |
to the credit of the mining regulation fund created in section | 10204 |
1561.48 of the Revised Code. | 10205 |
Sec. 1561.18. A person who applies for a certificate as a | 10206 |
| 10207 |
underground or surface mines shall be able to read and write the | 10208 |
English language and shall have had at least three years' actual | 10209 |
practical experience in or around the surface maintenance | 10210 |
facilities of underground or surface mines or the equivalent | 10211 |
thereof in the judgment of the
| 10212 |
division of mineral resources management. Each applicant for | 10213 |
examination shall pay a fee
of ten dollars to the
| 10214 |
the first day of the examination. Any moneys collected under this | 10215 |
section shall be paid into the state treasury to the credit of the | 10216 |
mining regulation fund created in section 1561.48 of the Revised | 10217 |
Code. | 10218 |
Sec. 1561.19. A person who applies for a certificate as a | 10219 |
mine
| 10220 |
write the English language and shall have had at least five years' | 10221 |
actual practical experience in surface mines. An applicant for a | 10222 |
certificate as a
| 10223 |
the same requirements, except that the applicant shall have had at | 10224 |
least three years' actual practical experience in surface mines or | 10225 |
the equivalent thereof
in the judgment of the
| 10226 |
chief of the division of mineral resources management. Each | 10227 |
applicant for examination shall pay a fee of ten dollars to the | 10228 |
| 10229 |
collected under this section shall be paid into the state treasury | 10230 |
to the credit of the mining regulation fund created in section | 10231 |
1561.48 of the Revised Code. | 10232 |
Sec. 1561.20. A person who applies for a certificate as a | 10233 |
surface mine blaster shall be able to read and write the English | 10234 |
language; shall have had at least one year's actual practical | 10235 |
experience in surface mines or the equivalent thereof in the | 10236 |
judgment of the
| 10237 |
mineral resources management; shall have knowledge of the dangers | 10238 |
and nature of the use of explosives, related equipment, and | 10239 |
blasting techniques; and shall have knowledge of safety laws and | 10240 |
rules, including those related to the storage, use, and | 10241 |
transportation of explosives. Each applicant for examination | 10242 |
shall pay a fee of ten dollars to
the
| 10243 |
of the examination. Any moneys collected under this section shall | 10244 |
be paid into the state treasury to the credit of the mining | 10245 |
regulation fund created in section 1561.48 of the Revised Code. | 10246 |
Sec. 1561.21. A person who applies for a certificate as a | 10247 |
shot firer shall be able to read and write the English language; | 10248 |
shall have had at least one year's actual practical experience in | 10249 |
the underground workings of mines or the equivalent thereof in the | 10250 |
judgment of the
| 10251 |
mineral resources management; shall have knowledge of the dangers | 10252 |
and nature of noxious and explosive gases; shall have knowledge of | 10253 |
the dangers and nature of the use of explosives, related | 10254 |
equipment, and blasting techniques; and shall have knowledge of | 10255 |
safety laws and rules, including those related to the underground | 10256 |
storage, use, and transportation of explosives. Each applicant | 10257 |
for examination shall pay a fee of ten dollars to
the
| 10258 |
on the first day of the examination. Any moneys collected under | 10259 |
this section shall be paid into the state treasury to the credit | 10260 |
of the mining regulation fund created in section 1561.48 of the | 10261 |
Revised Code. | 10262 |
Any person who possesses a mine
| 10263 |
foreperson certificate issued by the
| 10264 |
shall be considered certified as a shot firer. | 10265 |
Sec. 1561.22. A person who applies for a certificate as fire | 10266 |
boss shall be able to read and write the English language; shall | 10267 |
have had at least three years' actual practical experience in the | 10268 |
underground workings of a gaseous mine or the equivalent thereof | 10269 |
in the judgment of the
| 10270 |
of mineral resources management; and shall have knowledge of the | 10271 |
dangers and nature of noxious and explosive gases gained by actual | 10272 |
contact with gas in mines and ventilation of gaseous mines. Each | 10273 |
applicant for examination shall pay a fee of ten dollars to the | 10274 |
| 10275 |
collected under this section shall be paid into the state treasury | 10276 |
to the credit of the mining regulation fund created in section | 10277 |
1561.48 of the Revised Code. | 10278 |
Sec. 1561.23. The
| 10279 |
of mineral resources management shall issue the following | 10280 |
certificates to those applicants who pass their examination: | 10281 |
(A) Certificates for mine
| 10282 |
mines; | 10283 |
(B) Certificates for mine
| 10284 |
mines; | 10285 |
(C) Certificates for
| 10286 |
(D) Certificates for
| 10287 |
mines; | 10288 |
(E) Certificates for
| 10289 |
maintenance facilities of underground or surface mines; | 10290 |
(F) Certificates for mine
| 10291 |
mines; | 10292 |
(G) Certificates for
| 10293 |
(H) Certificates for fire bosses; | 10294 |
(I) Certificates for mine electricians; | 10295 |
(J) Certificates for surface mine blasters; | 10296 |
(K) Certificates for shot firers. | 10297 |
Applicants for certificates shall make application to the | 10298 |
| 10299 |
All applicants shall be able to read and write the English | 10300 |
language
intelligently, and shall furnish the
| 10301 |
certificate as to their character, length and description of their | 10302 |
practical experience, and satisfactory evidence of their ability | 10303 |
to perform the duties of the position for which they make | 10304 |
application for examination. | 10305 |
Any certificate issued by the former mine examining board | 10306 |
prior to
| 10307 |
shall remain in effect notwithstanding the new classifications of | 10308 |
certificates
established by this
| 10309 |
Sec. 1561.26. (A) As used in this section, "EMT-basic," | 10310 |
"EMT-I," and "paramedic" have the same meanings as in section | 10311 |
4765.01 of the Revised Code. | 10312 |
(B) The superintendent of rescue stations, with the approval | 10313 |
of the chief of the division of mineral resources management, | 10314 |
shall, at each rescue station provided for in section 1561.25 of | 10315 |
the Revised Code, train and employ rescue crews of six members | 10316 |
each, one of whom shall hold a mine foreperson or fire boss | 10317 |
certificate and be designated captain, and train and employ any | 10318 |
number of such rescue crews as the superintendent believes | 10319 |
necessary. One member of a rescue crew shall be certified as an | 10320 |
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew | 10321 |
shall devote the time specified by the chief each month for | 10322 |
training purposes and shall be available at all times to assist in | 10323 |
rescue work at explosions, mine fires, and other emergencies. | 10324 |
A captain of mine rescue crews shall receive for service as | 10325 |
captain the sum of twenty-four dollars per month, and each member | 10326 |
shall receive the sum of twenty dollars per month, all payable on | 10327 |
requisition approved by the chief. When engaged in rescue work at | 10328 |
explosions, mine fires, or other emergencies away from their | 10329 |
station, the members of the rescue crews and captains of the same | 10330 |
shall be paid the sum of six dollars per hour for work on the | 10331 |
surface, which includes the
time
consumed by
| 10332 |
traveling to and from the scene of
| 10333 |
the scene is away from the station of
| 10334 |
sum of seven dollars per hour for all work
underground at
| 10335 |
emergency, and in addition thereto, the necessary living expenses | 10336 |
of
| 10337 |
home station, all payable on requisition approved by the chief. | 10338 |
Each member of a mine rescue crew shall undergo an annual | 10339 |
medical examination by a doctor designated by the chief. In | 10340 |
designating
| 10341 |
station of the member of
| 10342 |
shall report the doctor's findings to the chief and if, in the | 10343 |
opinion of the chief,
| 10344 |
member is physically unfit for further services, the chief shall | 10345 |
relieve the member from further duty. The fee charged by
| 10346 |
doctor
for
| 10347 |
as fees are paid to doctors employed by the industrial commission | 10348 |
for special medical examinations. | 10349 |
The chief may remove any member of a rescue crew for any | 10350 |
reason. Such crews shall be subject to the orders of the chief, | 10351 |
the superintendent, and the deputy mine inspectors when engaged in | 10352 |
actual mine rescue work. Mine rescue crews shall, in case of | 10353 |
death or injury when engaged in rescue work, wherever the same may | 10354 |
occur, be paid compensation, or their dependents shall be paid | 10355 |
death benefits, from the workers' compensation fund, in the same | 10356 |
manner as other employees of the state. | 10357 |
(C) In addition to the training of rescue crews, each | 10358 |
assistant superintendent of rescue stations, with the approval of | 10359 |
the superintendent, shall provide for and conduct safety, first | 10360 |
aid, and rescue classes at any mine or for any group of miners who | 10361 |
make application for the conducting of such classes. The chief may | 10362 |
assess a fee for safety and first aid classes for the purpose of | 10363 |
covering the costs associated with providing those classes. The | 10364 |
chief shall establish a fee schedule for safety and first aid | 10365 |
classes by rule adopted in accordance with Chapter 119. of the | 10366 |
Revised Code. Fees collected under this section shall be | 10367 |
deposited in the surface mining fund created in section 1514.06 of | 10368 |
the Revised Code. | 10369 |
The superintendent shall prescribe and provide for a uniform | 10370 |
schedule of conducting such safety and rescue classes as will | 10371 |
provide a competent knowledge of modern safety and rescue methods | 10372 |
in, at, and about mines. | 10373 |
Sec. 1561.35. If the deputy mine inspector finds that any | 10374 |
matter, thing, or practice connected with any mine and not | 10375 |
prohibited specifically by law is dangerous or hazardous, or that | 10376 |
from a rigid enforcement of this chapter and Chapters 1509., | 10377 |
1563., 1565., and 1567. of the Revised Code, the matter, thing, or | 10378 |
practice would become dangerous and hazardous so as to tend to the | 10379 |
bodily injury of any person, the deputy mine inspector forthwith | 10380 |
shall give notice in writing to the owner, lessee, or agent of the | 10381 |
mine of the particulars in which the deputy mine inspector | 10382 |
considers the mine or any matter, thing, or practice connected | 10383 |
therewith is dangerous or hazardous and recommend changes that the | 10384 |
conditions require, and forthwith shall mail a copy of the report | 10385 |
and the deputy mine inspector's recommendations to the chief of | 10386 |
the division of mineral resources management. Upon receipt of the | 10387 |
report and recommendations, the chief forthwith shall make a | 10388 |
finding thereon and mail a copy to the owner, operator, lessee, or | 10389 |
agent of the mine, and to the deputy mine inspector; a copy of the | 10390 |
finding of the chief shall be posted upon the bulletin board of | 10391 |
the mine. Where the miners have a mine safety committee, one | 10392 |
additional copy shall be posted on the bulletin board for the use | 10393 |
and possession of the committee. | 10394 |
The owner, operator, lessee, or agent of the mine, or the | 10395 |
authorized representative of the workers of the mine, within ten | 10396 |
days may appeal to the
| 10397 |
for a review and redetermination of the finding of the chief in | 10398 |
the matter
in accordance with section
| 10399 |
Revised Code, notwithstanding division (A)(1) of that section, | 10400 |
which provides for appeals within thirty days. A copy of the | 10401 |
decision of the
| 10402 |
this section for the mailing of the finding by the chief on the | 10403 |
deputy mine inspector's report. | 10404 |
Sec. 1561.351. A deputy mine inspector who makes a finding | 10405 |
concerning a violation of this chapter or Chapter 1563., 1565., or | 10406 |
1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, | 10407 |
1509.17, or 1509.18 of the Revised Code that involves mining | 10408 |
safety shall notify the chief of the division of mineral resources | 10409 |
management of the finding. The chief shall review the inspector's | 10410 |
finding, make a written determination regarding it, and provide a | 10411 |
copy of the written determination to the owner, operator, lessee, | 10412 |
or agent of the mine involved. The chief shall provide a copy of | 10413 |
the written determination to any other interested party upon | 10414 |
request. | 10415 |
A person, such as an owner, operator, lessee, or agent of the | 10416 |
mine or the authorized representative of the workers of the mine, | 10417 |
who has an interest that is or may be adversely affected by the | 10418 |
chief's determination may appeal the determination, not later than | 10419 |
ten days after receiving
notice of the determination, to the
| 10420 |
10421 | |
chief's written determination with
the
| 10422 |
notwithstanding division (A)(1) of section 1513.13 of the Revised | 10423 |
Code, which provides for appeals within thirty days. The
| 10424 |
commission shall hear the appeal in accordance with section | 10425 |
| 10426 |
Sec. 1561.46. Fees received by the
| 10427 |
chief of the division of mineral resources management under | 10428 |
sections 1561.16 to 1561.22 of the Revised Code shall be paid by | 10429 |
the
| 10430 |
credit of the mining regulation fund created in section 1561.48 of | 10431 |
the Revised Code. | 10432 |
Sec. 1561.51. When written charges of neglect of duty, | 10433 |
incompetency, or malfeasance in office against the deputy mine | 10434 |
inspector are filed with the chief of the division of mineral | 10435 |
resources management, signed by not less than fifteen employees, | 10436 |
or otherwise as provided in section 1561.50 of the Revised Code, | 10437 |
or the owner, lessee, or agent of a mine, and the signers of the | 10438 |
charges are dissatisfied with the result of the investigation made | 10439 |
by the chief, they
may appeal to the
| 10440 |
reclamation commission by filing the same charges against the | 10441 |
deputy mine inspector and a copy of the report of the | 10442 |
investigation made by the chief in
the matter with the
| 10443 |
commission, and the
| 10444 |
accordance with section
| 10445 |
| 10446 |
complainant whose name appears first in the charges. | 10447 |
Sec. 1561.52. On receipt of a notice pursuant to section | 10448 |
3123.43 of the Revised Code, the
| 10449 |
division of mineral resources management shall comply with | 10450 |
sections 3123.41 to 3123.50 of the Revised Code and any applicable | 10451 |
rules adopted under section 3123.63 of the Revised Code with | 10452 |
respect to a certificate issued pursuant to this chapter. | 10453 |
Sec. 1563.13. When a deputy mine inspector considers that | 10454 |
the ways and means of egress in any underground mine from the | 10455 |
interior working places to the surface are inadequate as a safe | 10456 |
and ready means of escape in case of emergency, from danger of | 10457 |
fire at any point, or any other cause that may result in the | 10458 |
entombment of persons working in the mine, the deputy mine | 10459 |
inspector shall give notice in writing to the owner, lessee, or | 10460 |
agent of the mine of the particular in which the deputy mine | 10461 |
inspector considers the conditions dangerous, recommending any | 10462 |
changes that the conditions require, and forthwith shall mail a | 10463 |
copy of the deputy mine inspector's recommendations to the chief | 10464 |
of the division of mineral resources management. Upon receipt of | 10465 |
the recommendations, the chief forthwith shall make a finding | 10466 |
concerning them and mail a copy to the operator of the mine and to | 10467 |
the deputy mine inspector. A copy of the finding of the chief | 10468 |
shall be posted upon the bulletin board at the time. | 10469 |
The operator of the mine, or the authorized representative of | 10470 |
the workers of the mine, within ten days
may appeal to the
| 10471 |
10472 | |
redetermination of the finding of the chief in the matter in | 10473 |
accordance with
section
| 10474 |
notwithstanding division (A)(1) of that section, which provides | 10475 |
for appeals within thirty days. A copy of the decision of the | 10476 |
| 10477 |
the mailing of the finding by the chief on the deputy mine | 10478 |
inspector's report. | 10479 |
No operator of a mine shall refuse or neglect to comply with | 10480 |
this section. | 10481 |
Sec. 1565.04. The operator of each mine who is an employer | 10482 |
as defined in section 4123.01 of the Revised Code, or any mine | 10483 |
| 10484 |
mine
| 10485 |
mine
| 10486 |
contains a notation by the
| 10487 |
division of mineral resources management showing the holder to be | 10488 |
at least twenty-three years of age and have at least five years' | 10489 |
actual practical experience in gaseous mines shall be employed as | 10490 |
the mine
| 10491 |
foreperson shall be a holder of a mine
| 10492 |
nongaseous mines certificate
| 10493 |
| 10494 |
twenty-one years of age and have at least three years' actual | 10495 |
practical experience in mines. All such mines shall have at least | 10496 |
one
certified
| 10497 |
workers are employed in the loading or mining of coal. | 10498 |
No operator of a mine shall refuse or neglect to comply with | 10499 |
this section. | 10500 |
Sec. 1565.06. (A) In emergencies arising at a mine because | 10501 |
of accident, death, illness, or any other cause, an operator may | 10502 |
appoint noncertificate persons as forepersons and fire bosses to | 10503 |
act until certified forepersons and fire bosses satisfactory to | 10504 |
the operator can be secured. Such appointee may not serve in such | 10505 |
capacity for a period longer than six months or until such time | 10506 |
thereafter as an examination is held for such certified persons | 10507 |
under section 1561.13 of the Revised Code. The employer of such | 10508 |
noncertificate person shall, upon appointment of such | 10509 |
noncertificate person in this capacity, forward the name of such | 10510 |
noncertificate person to the chief of the division of mineral | 10511 |
resources management. | 10512 |
(B) An operator may appoint as a temporary foreperson or | 10513 |
fire boss a noncertificate person who is within six months of | 10514 |
possessing the necessary actual practical experience to qualify to | 10515 |
take the examination for certification for the position to which | 10516 |
the person is temporarily appointed. Upon appointment of a | 10517 |
noncertificate person, the operator shall forward the name, social | 10518 |
security number, and brief summary of the person's actual | 10519 |
practical experience to the
| 10520 |
| 10521 |
position to which the person has been temporarily appointed. A | 10522 |
temporary certificate issued under this division is valid for six | 10523 |
months or until such time thereafter as an examination is held | 10524 |
under section 1561.13 of the Revised Code for the position to | 10525 |
which the person has been temporarily appointed. | 10526 |
(C) A person who possesses a valid certificate issued by | 10527 |
another state for a position for which the
| 10528 |
chief issues a certificate shall be eligible for a temporary | 10529 |
certificate from the
| 10530 |
chief of a copy of the certificate from that other state. A | 10531 |
temporary certificate issued under this division shall be valid | 10532 |
for six months. | 10533 |
No operator of a mine shall violate or fail to comply with | 10534 |
this section. | 10535 |
Sec. 1565.07. The superintendent in charge of a mine shall | 10536 |
direct the mine foreperson in such manner as is necessary to | 10537 |
secure compliance with this chapter and Chapters 1561., 1563., and | 10538 |
1567. and sections 1509.18 and 1509.19 of the Revised Code. The | 10539 |
superintendent may act as mine foreperson, but if the | 10540 |
superintendent does so act regularly, the superintendent shall | 10541 |
obtain a certificate from
the
| 10542 |
division of mineral resources management in the same manner as the | 10543 |
certification of mine foreperson is obtained. | 10544 |
A person designated as a superintendent of an underground | 10545 |
coal mine after January 1, 1977, shall, within six months after | 10546 |
being so designated, demonstrate to
the chief
| 10547 |
10548 | |
mining laws of this state governing the operation of underground | 10549 |
coal mines either by presenting evidence that the person has | 10550 |
passed a mine
foreperson examination
given by the
| 10551 |
10552 | |
laws of this state governing the operation of underground coal | 10553 |
mines. | 10554 |
No person shall refuse or neglect to comply with this | 10555 |
section. | 10556 |
Sec. 1565.08. If a person certified by the
| 10557 |
10558 | |
purposely violates the mining laws, the person's certificate may | 10559 |
be revoked by the chief after investigation and a hearing in | 10560 |
accordance with
Chapter 119. of the
Revised Code | 10561 |
10562 | |
10563 |
No person whose license, certificate, or similar authority to | 10564 |
perform any certifiable mining duties in another state is | 10565 |
suspended or revoked by that state shall be certified for an | 10566 |
equivalent mining certificate in this state during the period of | 10567 |
the suspension or revocation in the other state. | 10568 |
Sec. 1565.25. On receipt of a notice pursuant to section | 10569 |
3123.43 of the Revised Code, the
| 10570 |
division of mineral resources management shall comply with | 10571 |
sections 3123.41 to 3123.50 of the Revised Code and any applicable | 10572 |
rules adopted under section 3123.63 of the Revised Code with | 10573 |
respect to a certificate issued pursuant to this chapter. | 10574 |
Sec. 1701.05. (A) Except as provided in this section, and | 10575 |
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code, | 10576 |
which sections relate to the reorganization, merger, and | 10577 |
consolidation of corporations, the corporate name of a domestic | 10578 |
corporation shall comply with all of the following: | 10579 |
(1) It shall end with or include the word or abbreviation | 10580 |
"company," "co.," "corporation," "corp.," "incorporated," or | 10581 |
"inc." | 10582 |
(2) It shall be distinguishable upon the records in the | 10583 |
office of the secretary of state from all of the following: | 10584 |
(a) The name of any other corporation, whether nonprofit or | 10585 |
for profit and whether that of a domestic or of a foreign | 10586 |
corporation authorized to do business in this state; | 10587 |
(b) The name of any limited liability company registered in | 10588 |
the office of the secretary of state pursuant to Chapter 1705. of | 10589 |
the Revised Code, whether domestic or foreign; | 10590 |
(c) The name of any limited liability partnership registered | 10591 |
in the office of the secretary of state pursuant to Chapter 1775. | 10592 |
of the Revised Code, whether domestic or foreign; | 10593 |
(d) The name of any limited partnership registered in the | 10594 |
office of the secretary of state pursuant to Chapter 1782. of the | 10595 |
Revised Code, whether domestic or foreign; | 10596 |
(e) Any trade name the exclusive right to which is at the | 10597 |
time in question registered in the office of the secretary of | 10598 |
state pursuant to Chapter 1329. of the Revised Code. | 10599 |
(3) It shall not contain any language that indicates or | 10600 |
implies that the corporation is connected with a government agency | 10601 |
of this state, another state, or the United States. | 10602 |
(B) The secretary of state shall determine for purposes of | 10603 |
this section whether a name is "distinguishable" from another name | 10604 |
upon the secretary of state's records. Without excluding other | 10605 |
names that may not constitute distinguishable names in this state, | 10606 |
a name is not considered distinguishable from another name for | 10607 |
purposes of this section solely because it differs from the other | 10608 |
name in only one or more of the following manners: | 10609 |
(1) The use of the word "corporation," "company," | 10610 |
"incorporated," "limited," or any abbreviation of any of those | 10611 |
words; | 10612 |
(2) The use of any article, conjunction, contraction, | 10613 |
abbreviation, or punctuation; | 10614 |
(3) The use of a different tense or number of the same word. | 10615 |
(C) A corporation may apply to the secretary of state for | 10616 |
authorization to use a name that is not distinguishable upon the | 10617 |
secretary of state's records from the name of any other | 10618 |
corporation, limited liability company, limited liability | 10619 |
partnership, or limited partnership, or from a registered trade | 10620 |
name, if there also is filed in the office of the secretary of | 10621 |
state, on a form prescribed by the secretary of state, the consent | 10622 |
of the other entity or, in the case of a registered trade name, | 10623 |
the person in whose name is registered the exclusive right to use | 10624 |
the name, which consent is evidenced in a writing signed by any | 10625 |
authorized officer or any authorized representative of the other | 10626 |
entity or person. | 10627 |
(D) In case of judicial sale or judicial transfer, by sale | 10628 |
or transfer of good will or otherwise, of the right to use the | 10629 |
name of a corporation, whether nonprofit or for profit, and | 10630 |
whether that of a domestic corporation or of a foreign corporation | 10631 |
authorized to exercise its corporate privileges in this state or | 10632 |
to do business in this state, the secretary of state, at the | 10633 |
instance of the purchaser or transferee of such right, shall | 10634 |
accept for filing articles of a corporation with a name the same | 10635 |
as or similar to the name of such other corporation, if there also | 10636 |
is filed in the office of the secretary of state a certified copy | 10637 |
of the decree or order of court confirming or otherwise evidencing | 10638 |
the purchase or transfer. | 10639 |
(E) Any person who wishes to reserve a name for a proposed | 10640 |
new corporation, or any corporation intending to change its name, | 10641 |
may submit to the secretary of state a written application, on a | 10642 |
form prescribed by the secretary of state, for the exclusive right | 10643 |
to use a specified name as the name of a corporation. If the | 10644 |
secretary of state finds that, under this section, the specified | 10645 |
name is available for such use, the secretary of state shall file | 10646 |
the application and, from the date of the filing, the applicant | 10647 |
shall have the exclusive right for
| 10648 |
to use the specified name as the name of a corporation, counting | 10649 |
the date of such
filing as the first
of
| 10650 |
days. The right so obtained may be transferred by the applicant | 10651 |
or other holder thereof by the filing in the office of the | 10652 |
secretary of state of a written transfer, on a form prescribed by | 10653 |
the secretary of state, stating the name and address of the | 10654 |
transferee. | 10655 |
| 10656 |
10657 | |
10658 | |
10659 |
Sec. 1701.07. (A) Every corporation shall have and maintain | 10660 |
an agent, sometimes referred to as the "statutory agent," upon | 10661 |
whom any process, notice, or demand required or permitted by | 10662 |
statute to be served upon a corporation may be served. The agent | 10663 |
may be a natural person who is a resident of this state or may be | 10664 |
a domestic corporation or a foreign corporation holding a license | 10665 |
as such under the laws of this state, that is authorized by its | 10666 |
articles of incorporation to act as such agent and that has a | 10667 |
business address in this state. | 10668 |
(B) The secretary of state shall not accept original | 10669 |
articles for filing unless there is filed with the articles a | 10670 |
written appointment of an agent that is signed by the | 10671 |
incorporators of the corporation or a majority of them and a | 10672 |
written acceptance of the appointment that is signed by the agent. | 10673 |
In all other cases, the corporation shall appoint the agent and | 10674 |
shall file in the office of the secretary of state a written | 10675 |
appointment of the agent that is signed by any authorized officer | 10676 |
of the corporation and a written acceptance of the appointment | 10677 |
that is either the original acceptance signed by the agent or a | 10678 |
photocopy, facsimile, or similar reproduction of the original | 10679 |
acceptance signed by the agent. | 10680 |
(C) The written appointment of an agent shall set forth the | 10681 |
name and address in this state of the agent, including the street | 10682 |
and number or other particular description, and shall otherwise be | 10683 |
in such form as the secretary of state prescribes. The secretary | 10684 |
of state shall keep a record of the names of corporations, and the | 10685 |
names and addresses of their respective agents. | 10686 |
(D) If any agent dies, removes from the state, or resigns, | 10687 |
the corporation shall forthwith appoint another agent and file | 10688 |
with the secretary of state, on a form prescribed by the secretary | 10689 |
of state, a written appointment of the agent. | 10690 |
(E) Unless the change is reported on the annual report filed | 10691 |
with the department of taxation, if the agent changes the agent's | 10692 |
address from that appearing upon the record in the office of the | 10693 |
secretary of state, the corporation or the agent shall forthwith | 10694 |
file with the secretary of state, on a form prescribed by the | 10695 |
secretary of state, a written statement setting forth the new | 10696 |
address. | 10697 |
(F) An agent may resign by filing with the secretary of | 10698 |
state, on a form prescribed by the secretary of state, a written | 10699 |
notice to that effect that is signed by the agent and by sending a | 10700 |
copy of the notice to the corporation at the current or last known | 10701 |
address of its principal office on or prior to the date the notice | 10702 |
is filed with the secretary of state. The notice shall set forth | 10703 |
the name of the corporation, the name and current address of the | 10704 |
agent, the current or last known address, including the street and | 10705 |
number or other particular description, of the corporation's | 10706 |
principal office, the resignation of the agent, and a statement | 10707 |
that a copy of the notice has been sent to the corporation within | 10708 |
the time and in the manner prescribed by this division. Upon the | 10709 |
expiration of thirty days after the filing, the authority of the | 10710 |
agent shall terminate. | 10711 |
(G) A corporation may revoke the appointment of an agent by | 10712 |
filing with the secretary of state, on a form prescribed by the | 10713 |
secretary of state, a written appointment of another agent and a | 10714 |
statement that the appointment of the former agent is revoked. | 10715 |
(H) Any process, notice, or demand required or permitted by | 10716 |
statute to be served upon a corporation may be served upon the | 10717 |
corporation by delivering a copy of it to its agent, if a natural | 10718 |
person, or by delivering a copy of it at the address of its agent | 10719 |
in this state, as the address appears upon the record in the | 10720 |
office of the secretary of state. If (1) the agent cannot be | 10721 |
found, or (2) the agent no longer has that address, or (3) the | 10722 |
corporation has failed to maintain an agent as required by this | 10723 |
section, and if in any such case the party desiring that the | 10724 |
process, notice, or demand be served, or the agent or | 10725 |
representative of the party, shall have filed with the secretary | 10726 |
of state an affidavit stating that one of the foregoing conditions | 10727 |
exists and stating the most recent address of the corporation that | 10728 |
the party after diligent search has been able to ascertain, then | 10729 |
service of process, notice, or demand upon the secretary of state, | 10730 |
as the agent of the corporation, may be initiated by delivering to | 10731 |
the secretary of state or at the secretary of state's office | 10732 |
quadruplicate copies of such process, notice, or demand and by | 10733 |
paying to the secretary of state a fee of five dollars. The | 10734 |
secretary of state shall forthwith give notice of the delivery to | 10735 |
the corporation at its principal office as shown upon the record | 10736 |
in the secretary of state's office and at any different address | 10737 |
shown on its last franchise tax report filed in this state, or to | 10738 |
the corporation at any different address set forth in the above | 10739 |
mentioned affidavit, and shall forward to the corporation at said | 10740 |
addresses, by certified mail, with request for return receipt, a | 10741 |
copy of the process, notice, or demand; and thereupon service upon | 10742 |
the corporation shall be deemed to have been made. | 10743 |
(I) The secretary of state shall keep a record of each | 10744 |
process, notice, and demand delivered to the secretary of state or | 10745 |
at the secretary of state's office under this section or any other | 10746 |
law of this state that authorizes service upon the secretary of | 10747 |
state, and shall record the time of the delivery and the action | 10748 |
thereafter with respect thereto. | 10749 |
(J) This section does not limit or affect the right to serve | 10750 |
any process, notice, or demand upon a corporation in any other | 10751 |
manner permitted by law. | 10752 |
(K) Every corporation shall state in each annual report | 10753 |
filed by it with the department of taxation the name and address | 10754 |
of its statutory agent. | 10755 |
(L) Except when an original appointment of an agent is filed | 10756 |
with the original articles, a written appointment of an agent or a | 10757 |
written statement filed by a corporation with the secretary of | 10758 |
state shall be signed by any authorized officer of the corporation | 10759 |
or by the incorporators of the corporation or a majority of them | 10760 |
if no directors have been elected. | 10761 |
(M) For filing a written appointment of an agent other than | 10762 |
one filed with original articles, and for filing a statement of | 10763 |
change of address of an agent, the secretary of state shall charge | 10764 |
and collect
| 10765 |
section 111.16 of the Revised Code. | 10766 |
(N) Upon the failure of a corporation to appoint another | 10767 |
agent or to file a statement of change of address of an agent, the | 10768 |
secretary of state shall give notice thereof by certified mail to | 10769 |
the corporation at the address set forth in the notice of | 10770 |
resignation or on the last franchise tax return filed in this | 10771 |
state by the corporation. Unless the default is cured within | 10772 |
thirty days after the mailing by the secretary of state of the | 10773 |
notice or within any further period of time that the secretary of | 10774 |
state grants, upon the expiration of that period of time from the | 10775 |
date of the mailing, the articles of the corporation shall be | 10776 |
canceled without further notice or action by the secretary of | 10777 |
state. The secretary of state shall make a notation of the | 10778 |
cancellation on the secretary of state's records. | 10779 |
A corporation whose articles have been canceled may be | 10780 |
reinstated by filing, on a form prescribed by the secretary of | 10781 |
state, an application for reinstatement and the required | 10782 |
appointment of agent or required statement, and by
paying
| 10783 |
filing
fee
specified in division (Q) of
| 10784 |
of the Revised Code. The rights, privileges, and franchises of a | 10785 |
corporation whose articles have been reinstated are subject to | 10786 |
section 1701.922 of the Revised Code. The secretary of state | 10787 |
shall furnish the tax commissioner a monthly list of all | 10788 |
corporations canceled and reinstated under this division. | 10789 |
(O) This section does not apply to banks, trust companies, | 10790 |
insurance companies, or any corporation defined under the laws of | 10791 |
this state as a public utility for taxation purposes. | 10792 |
Sec. 1701.81. (A) Upon adoption by each constituent entity | 10793 |
of an agreement of merger or consolidation pursuant to section | 10794 |
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or 1701.801 of the | 10795 |
Revised Code, a certificate of merger or consolidation shall be | 10796 |
filed with the secretary of state that is signed by any authorized | 10797 |
representative of each constituent corporation, partnership, or | 10798 |
other entity. The certificate shall be on a form prescribed by | 10799 |
the secretary of state and shall set forth only the information | 10800 |
required by this section. | 10801 |
(B)(1) The certificate of merger or consolidation shall set | 10802 |
forth all of the following: | 10803 |
(a) The name and the form of entity of each constituent | 10804 |
entity and the state under the laws of which each constituent | 10805 |
entity exists; | 10806 |
(b) A statement that each constituent entity has complied | 10807 |
with all of the laws under which it exists and that the laws | 10808 |
permit the merger or consolidation; | 10809 |
(c) The name and mailing address of the person or entity | 10810 |
that is to provide, in response to any written request made by a | 10811 |
shareholder, partner, or other equity holder of a constituent | 10812 |
entity, a copy of the agreement of merger or consolidation; | 10813 |
(d) The effective date of the merger or consolidation, which | 10814 |
date may be on or after the date of the filing of the certificate; | 10815 |
(e) The signature of each representative authorized to sign | 10816 |
the certificate on behalf of each constituent entity and the | 10817 |
office held or the capacity in which the representative is acting; | 10818 |
(f) A statement that the agreement of merger or | 10819 |
consolidation is authorized on behalf of each constituent entity | 10820 |
and that each person who signed the certificate on behalf of each | 10821 |
entity is authorized to do so; | 10822 |
(g) In the case of a merger, a statement that one or more | 10823 |
specified constituent entities will be merged into a specified | 10824 |
surviving entity or, in the case of a consolidation, a statement | 10825 |
that the constituent entities will be consolidated into a new | 10826 |
entity; | 10827 |
(h) In the case of a merger, if the surviving entity is a | 10828 |
foreign entity not licensed to transact business in this state, | 10829 |
the name and address of the statutory agent upon whom any process, | 10830 |
notice, or demand against any constituent entity may be served; | 10831 |
(i) In the case of a consolidation, the name and address of | 10832 |
the statutory agent upon whom any process, notice, or demand | 10833 |
against any constituent entity or the new entity may be served. | 10834 |
(2) In the case of a consolidation into a new domestic | 10835 |
corporation, limited liability company, or limited partnership, | 10836 |
the articles of incorporation, the articles of organization, or | 10837 |
the certificate of limited partnership of the new domestic entity | 10838 |
shall be filed with the certificate of merger or consolidation. | 10839 |
(3) In the case of a merger into a domestic corporation, | 10840 |
limited liability company, or limited partnership, any amendments | 10841 |
to the articles of incorporation, articles of organization, or | 10842 |
certificate of limited partnership of the surviving domestic | 10843 |
entity shall be filed with the certificate of merger or | 10844 |
consolidation. | 10845 |
(4) If the surviving or new entity is a foreign entity that | 10846 |
desires to transact business in this state as a foreign | 10847 |
corporation, limited liability company, or limited partnership, | 10848 |
the certificate of merger or consolidation shall be accompanied by | 10849 |
the information required by division (B)(8), (9), or (10) of | 10850 |
section 1701.791 of the Revised Code. | 10851 |
(5) If a foreign or domestic corporation licensed to | 10852 |
transact business in this state is a constituent entity and the | 10853 |
surviving or new entity resulting from the merger or consolidation | 10854 |
is not a foreign or domestic corporation that is to be licensed to | 10855 |
transact business in this state, the certificate of merger or | 10856 |
consolidation shall be accompanied by the affidavits, receipts, | 10857 |
certificates, or other evidence required by division (H) of | 10858 |
section 1701.86 of the Revised Code, with respect to each domestic | 10859 |
constituent corporation, and by the affidavits, receipts, | 10860 |
certificates, or other evidence required by division (C) or (D) of | 10861 |
section 1703.17 of the Revised Code, with respect to each foreign | 10862 |
constituent corporation licensed to transact business in this | 10863 |
state. | 10864 |
(C) If any constituent entity in a merger or consolidation | 10865 |
is organized or formed under the laws of a state other than this | 10866 |
state or under any chapter of the Revised Code other than this | 10867 |
chapter, there also shall be filed in the proper office all | 10868 |
documents that are required to be filed in connection with the | 10869 |
merger or consolidation by the laws of that state or by that | 10870 |
chapter. | 10871 |
(D) Upon the filing of a certificate of merger or | 10872 |
consolidation and other filings as described in division (C) of | 10873 |
this section or at such later date as the certificate of merger or | 10874 |
consolidation specifies, the merger or consolidation is effective. | 10875 |
(E) The secretary of state shall furnish, upon request and | 10876 |
payment of
| 10877 |
section 111.16 of the Revised Code, the secretary of state's | 10878 |
certificate setting forth the name and the form of entity of each | 10879 |
constituent entity and the states under the laws of which each | 10880 |
constituent entity existed prior to the merger or consolidation, | 10881 |
the name and the form of entity of the surviving or new entity and | 10882 |
the state under the laws of which the surviving entity exists or | 10883 |
the new entity is to exist, the date of filing of the certificate | 10884 |
of merger or consolidation with the secretary of state, and the | 10885 |
effective date of the merger or consolidation. The certificate of | 10886 |
the secretary of state, or a copy of the certificate of merger or | 10887 |
consolidation certified by the secretary of state, may be filed | 10888 |
for record in the office of the recorder of any county in this | 10889 |
state and, if filed, shall be recorded in the records of deeds for | 10890 |
that county. For that recording, the county recorder shall charge | 10891 |
and collect the same fee as in the case of deeds. | 10892 |
Sec. 1702.05. (A) Except as provided in this section and in | 10893 |
sections 1702.41 and 1702.45 of the Revised Code, the secretary of | 10894 |
state shall not accept for filing in the secretary of state's | 10895 |
office any articles if the corporate name set forth in the | 10896 |
articles is not distinguishable upon the secretary of state's | 10897 |
records from any of the following: | 10898 |
(1) The name of any other corporation, whether a nonprofit | 10899 |
corporation or a business corporation and whether that of a | 10900 |
domestic or of a foreign corporation authorized to do business in | 10901 |
this state; | 10902 |
(2) The name of any limited liability company registered in | 10903 |
the office of the secretary of state pursuant to Chapter 1705. of | 10904 |
the Revised Code, whether domestic or foreign; | 10905 |
(3) The name of any limited liability partnership registered | 10906 |
in the office of the secretary of state pursuant to Chapter 1775. | 10907 |
of the Revised Code, whether domestic or foreign; | 10908 |
(4) The name of any limited partnership registered in the | 10909 |
office of the secretary of state pursuant to Chapter 1782. of the | 10910 |
Revised Code, whether domestic or foreign; | 10911 |
(5) Any trade name, the exclusive right to which is at the | 10912 |
time in question registered in the office of the secretary of | 10913 |
state pursuant to Chapter 1329. of the Revised Code. | 10914 |
(B) The secretary of state shall determine for purposes of | 10915 |
this section whether a name is "distinguishable" from another name | 10916 |
upon the secretary of state's records. Without excluding other | 10917 |
names that may not constitute distinguishable names in this state, | 10918 |
a name is not considered distinguishable from another name for | 10919 |
purposes of this section solely because it differs from the other | 10920 |
name in only one or more of the following manners: | 10921 |
(1) The use of the word "corporation," "company," | 10922 |
"incorporated," "limited," or any abbreviation of any of those | 10923 |
words; | 10924 |
(2) The use of any article, conjunction, contraction, | 10925 |
abbreviation, or punctuation; | 10926 |
(3) The use of a different tense or number of the same word. | 10927 |
(C) A corporation may apply to the secretary of state for | 10928 |
authorization to use a name that is not distinguishable upon the | 10929 |
secretary of state's records from the name of any other | 10930 |
corporation, any limited liability company, limited liability | 10931 |
partnership, or limited partnership, or from a registered trade | 10932 |
name, if there also is filed in the office of the secretary of | 10933 |
state, on a form prescribed by the secretary of state, the consent | 10934 |
of the other entity, or, in the case of a registered trade name, | 10935 |
the person in whose name is registered the exclusive right to use | 10936 |
the name, which consent is evidenced in a writing signed by any | 10937 |
authorized officer or authorized representative of the other | 10938 |
entity or person. | 10939 |
(D) In case of judicial sale or judicial transfer, by sale | 10940 |
or transfer of good will or otherwise, of the right to use the | 10941 |
name of a nonprofit corporation or business corporation, whether | 10942 |
that of a domestic corporation or of a foreign corporation | 10943 |
authorized to exercise its corporate privileges in this state or | 10944 |
to do business in this state, the secretary of state, at the | 10945 |
instance of the purchaser or transferee of such right, shall | 10946 |
accept for filing articles of a corporation with a name the same | 10947 |
as or similar to the name of such other corporation, if there also | 10948 |
is filed in the office of the secretary of state a certified copy | 10949 |
of the decree or order of court confirming or otherwise evidencing | 10950 |
the purchase or transfer. | 10951 |
(E) Any person who wishes to reserve a name for a proposed | 10952 |
new corporation, or any corporation intending to change its name, | 10953 |
may submit to the secretary of state a written application, on a | 10954 |
form prescribed by the secretary of state, for the exclusive right | 10955 |
to use a specified name as the name of a corporation. If the | 10956 |
secretary of state finds that, under this section, the specified | 10957 |
name is available for such use, the secretary of state shall file | 10958 |
such application, and, from the date of such filing, such | 10959 |
applicant shall have
the
exclusive right for
| 10960 |
eighty days to use the specified name as the name of a | 10961 |
corporation, counting the date of such filing as the first of the | 10962 |
| 10963 |
transferred by the applicant or other holder of the right by the | 10964 |
filing in the office of the secretary of state of a written | 10965 |
transfer, on a form prescribed by the secretary of state, stating | 10966 |
the name and address of the transferee. | 10967 |
| 10968 |
10969 | |
10970 | |
10971 |
Sec. 1702.06. (A) Every corporation shall have and maintain | 10972 |
an agent, sometimes referred to as the "statutory agent," upon | 10973 |
whom any process, notice, or demand required or permitted by | 10974 |
statute to be served upon a corporation may be served. The agent | 10975 |
may be a natural person who is a resident of this state, or may be | 10976 |
a domestic or foreign business corporation holding a license as | 10977 |
such under the laws of this state that is authorized by its | 10978 |
articles of incorporation to act as such agent, and that has a | 10979 |
business address in this state. | 10980 |
(B) The secretary of state shall not accept original | 10981 |
articles for filing unless there is filed with the articles a | 10982 |
written appointment of an agent signed by the incorporators of the | 10983 |
corporation or a majority of them and a written acceptance of the | 10984 |
appointment signed by the agent. In all other cases, the | 10985 |
corporation shall appoint the agent and shall file in the office | 10986 |
of the secretary of state a written appointment of the agent that | 10987 |
is signed by any authorized officer of the corporation and a | 10988 |
written acceptance of the appointment that is either the original | 10989 |
acceptance signed by the agent or a photocopy, facsimile, or | 10990 |
similar reproduction of the original acceptance signed by the | 10991 |
agent. | 10992 |
(C) The written appointment of an agent shall set forth the | 10993 |
name and address in this state of the agent, including the street | 10994 |
and number or other particular description, and shall otherwise be | 10995 |
in such form as the secretary of state prescribes. The secretary | 10996 |
of state shall keep a record of the names of corporations and the | 10997 |
names and addresses of their respective agents. | 10998 |
(D) If any agent dies, removes from the state, or resigns, | 10999 |
the corporation shall forthwith appoint another agent and file | 11000 |
with the secretary of state, on a form prescribed by the secretary | 11001 |
of state, a written appointment of that agent. | 11002 |
(E) If the agent changes the agent's address from that | 11003 |
appearing upon the record in the office of the secretary of state, | 11004 |
the corporation or the agent shall forthwith file with the | 11005 |
secretary of state, on a form prescribed by the secretary of | 11006 |
state, a written statement setting forth the new address. | 11007 |
(F) An agent may resign by filing with the secretary of | 11008 |
state, on a form prescribed by the secretary of state, a written | 11009 |
notice to that effect that is signed by the agent and by sending a | 11010 |
copy of the notice to the corporation at the current or last known | 11011 |
address of its principal office on or prior to the date that | 11012 |
notice is filed with the secretary of state. The notice shall set | 11013 |
forth the name of the corporation, the name and current address of | 11014 |
the agent, the current or last known address, including the street | 11015 |
and number or other particular description, of the corporation's | 11016 |
principal office, the resignation of the agent, and a statement | 11017 |
that a copy of the notice has been sent to the corporation within | 11018 |
the time and in the manner prescribed by this division. Upon the | 11019 |
expiration of sixty days after such filing, the authority of the | 11020 |
agent shall terminate. | 11021 |
(G) A corporation may revoke the appointment of an agent by | 11022 |
filing with the secretary of state, on a form prescribed by the | 11023 |
secretary of state, a written appointment of another agent and a | 11024 |
statement that the appointment of the former agent is revoked. | 11025 |
(H) Any process, notice, or demand required or permitted by | 11026 |
statute to be served upon a corporation may be served upon the | 11027 |
corporation by delivering a copy of it to its agent, if a natural | 11028 |
person, or by delivering a copy of it at the address of its agent | 11029 |
in this state, as such address appears upon the record in the | 11030 |
office of the secretary of state. If (1) the agent cannot be | 11031 |
found, or (2) the agent no longer has that address, or (3) the | 11032 |
corporation has failed to maintain an agent as required by this | 11033 |
section, and if in any such case the party desiring that such | 11034 |
process, notice, or demand be served, or the agent or | 11035 |
representative of the party, shall have filed with the secretary | 11036 |
of state an affidavit stating that one of the foregoing conditions | 11037 |
exists and stating the most recent address of the corporation that | 11038 |
the party after diligent search has been able to ascertain, then | 11039 |
service of process, notice, or demand upon the secretary of state, | 11040 |
as the agent of the corporation, may be initiated by delivering to | 11041 |
the secretary of state or at the secretary of state's office | 11042 |
triplicate copies of such process, notice, or demand and by paying | 11043 |
to the secretary of state a fee of five dollars. The secretary of | 11044 |
state shall forthwith give notice of such delivery to the | 11045 |
corporation at its principal office as shown upon the record in | 11046 |
the secretary of state's office and also to the corporation at any | 11047 |
different address set forth in the above mentioned affidavit, and | 11048 |
shall forward to the corporation at each of those addresses, by | 11049 |
certified mail, with request for return receipt, a copy of such | 11050 |
process, notice, or demand; and thereupon service upon the | 11051 |
corporation shall be deemed to have been made. | 11052 |
(I) The secretary of state shall keep a record of each | 11053 |
process, notice, and demand delivered to the secretary of state or | 11054 |
at the secretary of state's office under this section or any other | 11055 |
law of this state that authorizes service upon the secretary of | 11056 |
state, and shall record the time of such delivery and the | 11057 |
secretary of state's action thereafter with respect thereto. | 11058 |
(J) This section does not limit or affect the right to serve | 11059 |
any process, notice, or demand upon a corporation in any other | 11060 |
manner permitted by law. | 11061 |
(K) Except when an original appointment of an agent is filed | 11062 |
with the original articles, a written appointment of an agent or a | 11063 |
written statement filed by a corporation with the secretary of | 11064 |
state shall be signed by any authorized officer of the corporation | 11065 |
or by the incorporators of the corporation or a majority of them | 11066 |
if no directors have been elected. | 11067 |
(L) For filing a written appointment of an agent other than | 11068 |
one filed with original articles, and for filing a statement of | 11069 |
change of address of an agent, the secretary of state shall charge | 11070 |
and collect
| 11071 |
section 111.16 of the Revised Code. | 11072 |
(M) Upon the failure of any corporation to appoint another | 11073 |
agent or to file a statement of change of address of an agent, the | 11074 |
secretary of state shall give notice thereof by certified mail to | 11075 |
the corporation at the address set forth in the notice of | 11076 |
resignation or on the most recent statement of continued existence | 11077 |
filed in this state by the corporation. Unless the failure is | 11078 |
cured within thirty days after the mailing by the secretary of | 11079 |
state of the notice or within any further period the secretary of | 11080 |
state grants, upon the expiration of that period, the articles of | 11081 |
the corporation shall be canceled without further notice or action | 11082 |
by the secretary of state. The secretary of state shall make a | 11083 |
notation of the cancellation on the secretary of state's records. | 11084 |
A corporation whose articles have been canceled may be reinstated | 11085 |
by filing, on a form prescribed by the secretary of state, an | 11086 |
application for reinstatement and the required appointment of | 11087 |
agent or required
statement, and by paying
| 11088 |
specified in division (Q) of
| 11089 |
Revised Code. The rights, privileges, and franchises of a | 11090 |
corporation whose articles have been reinstated are subject to | 11091 |
section 1702.60 of the Revised Code. The secretary of state shall | 11092 |
furnish the tax commissioner a monthly list of all corporations | 11093 |
canceled and reinstated under this division. | 11094 |
(N) This section does not apply to banks, trust companies, | 11095 |
insurance companies, or any corporation defined under the laws of | 11096 |
this state as a public utility for taxation purposes. | 11097 |
Sec. 1702.43. (A) Upon adoption by each constituent | 11098 |
corporation of an agreement of merger or consolidation pursuant to | 11099 |
section 1702.42 or 1702.45 of the Revised Code, a certificate of | 11100 |
merger or consolidation, signed by any authorized representative | 11101 |
of each constituent corporation, shall be filed with the secretary | 11102 |
of state. The certificate shall be on a form prescribed by the | 11103 |
secretary of state and shall set forth only the information | 11104 |
required by this section. | 11105 |
(1) The certificate of merger or consolidation shall set | 11106 |
forth all of the following: | 11107 |
(a) The name of each constituent entity and the state under | 11108 |
whose laws each constituent entity exists; | 11109 |
(b) A statement that each constituent entity has complied | 11110 |
with all of the laws under which it exists and that the laws | 11111 |
permit the merger or consolidation; | 11112 |
(c) The name and mailing address of the person or entity | 11113 |
that is to provide, in response to any written request made by a | 11114 |
member or other person, a copy of the agreement of merger or | 11115 |
consolidation; | 11116 |
(d) The effective date of the merger or consolidation, which | 11117 |
date may be on or after the date of the filing of the certificate; | 11118 |
(e) The signature of each representative authorized to sign | 11119 |
the certificate on behalf of each constituent entity and the | 11120 |
office each representative authorized to sign holds or the | 11121 |
capacity in which the representative is acting; | 11122 |
(f) A statement that the agreement of merger or | 11123 |
consolidation is authorized on behalf of each constituent entity | 11124 |
and that each person who signed the certificate on behalf of each | 11125 |
entity is authorized to do so; | 11126 |
(g) In the case of a merger, a statement that one or more | 11127 |
specified constituent entities will be merged into a specified | 11128 |
surviving entity or, in the case of a consolidation, a statement | 11129 |
that the constituent entities will be consolidated into a new | 11130 |
entity; | 11131 |
(h) In the case of a merger, if the surviving entity is a | 11132 |
foreign entity not licensed to transact business in this state, | 11133 |
the name and address of the statutory agent upon whom any process, | 11134 |
notice, or demand may be served; | 11135 |
(i) In the case of a consolidation, the name and address of | 11136 |
the statutory agent upon whom any process, notice, or demand | 11137 |
against any constituent entity or the new entity may be served. | 11138 |
(2) In the case of a consolidation into a new domestic | 11139 |
corporation, the certificate of consolidation shall be accompanied | 11140 |
by a copy of the articles of incorporation of the new domestic | 11141 |
corporation. | 11142 |
(3) In the case of a merger into a domestic corporation, the | 11143 |
certificate of merger shall be accompanied by a copy of any | 11144 |
amendments to the articles of incorporation of the surviving | 11145 |
domestic corporation. | 11146 |
(4) If the surviving or new entity is a foreign entity that | 11147 |
desires to transact business in this state as a foreign | 11148 |
corporation, the certificate of merger or consolidation shall | 11149 |
contain a statement to that effect and a statement with respect to | 11150 |
the appointment of the statutory agent and with respect to the | 11151 |
consent to service of any process, notice, or demand upon that | 11152 |
statutory agent or the secretary of state, as required when a | 11153 |
foreign corporation applies for a certificate authorizing it to | 11154 |
transact business in this state. | 11155 |
(5) If a domestic or foreign corporation licensed to | 11156 |
transact business in this state is a constituent entity and the | 11157 |
surviving or new entity resulting from the merger or consolidation | 11158 |
is not a domestic or foreign corporation that is to be licensed to | 11159 |
transact business in this state, the certificate of merger or | 11160 |
consolidation shall be accompanied by the affidavits, receipts, | 11161 |
certificates, or other evidence required by division (G) of | 11162 |
section 1702.47 of the Revised Code, with respect to each domestic | 11163 |
corporation, and by the affidavits, receipts, certificates, or | 11164 |
other evidence required by division (C) or (D) of section 1703.17 | 11165 |
of the Revised Code, with respect to each foreign constituent | 11166 |
corporation licensed to transact business in this state. | 11167 |
(B) If any constituent entity in a merger or consolidation | 11168 |
is organized or formed under the laws of a state other than this | 11169 |
state or under any chapter of the Revised Code other than this | 11170 |
chapter, there also shall be filed in the proper office all | 11171 |
documents that are required to be filed in connection with the | 11172 |
merger or consolidation by the laws of that state or by that | 11173 |
chapter. | 11174 |
(C) Upon the filing of a certificate of merger or | 11175 |
consolidation and other filings as described in division (B) of | 11176 |
this section, or at such later date as the certificate of merger | 11177 |
or consolidation specifies, the merger or consolidation shall | 11178 |
become effective. | 11179 |
(D) The secretary of state shall furnish, upon request and | 11180 |
payment of
| 11181 |
section 111.16 of the Revised Code, a certificate setting forth | 11182 |
the name of each constituent entity and the state under whose laws | 11183 |
each constituent entity existed prior to the merger or | 11184 |
consolidation, the name of the surviving or new entity and the | 11185 |
state under whose laws the surviving entity exists or the new | 11186 |
entity is to exist, the date of filing of the certificate of | 11187 |
merger or consolidation with the secretary of state, and the | 11188 |
effective date of the merger or consolidation. The certificate of | 11189 |
the secretary of state or a copy of the merger or consolidation | 11190 |
certified by the secretary of state may be filed for record in the | 11191 |
office of the recorder of any county in this state and, if filed, | 11192 |
shall be recorded in the records of deeds for that county. For | 11193 |
that recording, the county recorder shall charge and collect the | 11194 |
same fee as in the case of deeds. | 11195 |
Sec. 1702.59. (A) Every nonprofit corporation, incorporated | 11196 |
under the general corporation laws of this state, or previous | 11197 |
laws, or under special provisions of the Revised Code, or created | 11198 |
before September 1, 1851, which corporation has expressedly or | 11199 |
impliedly elected to be governed by the laws passed since that | 11200 |
date, and whose articles or other documents are filed with the | 11201 |
secretary of state, shall file with the secretary of state a | 11202 |
verified statement of continued existence, signed by a director, | 11203 |
officer, or three members in good standing, setting forth the | 11204 |
corporate name, the place where the principal office of the | 11205 |
corporation is located, the date of incorporation, the fact that | 11206 |
the corporation is still actively engaged in exercising its | 11207 |
corporate privileges, and the name and address of its agent | 11208 |
appointed pursuant to section 1702.06 of the Revised Code. | 11209 |
(B) Each corporation required to file a statement of | 11210 |
continued existence shall file it with the secretary of state | 11211 |
within each five years after the date of incorporation or of the | 11212 |
last corporate filing.
| 11213 |
11214 | |
11215 |
(C) Corporations specifically exempted by division (N) of | 11216 |
section 1702.06 of the Revised Code, or whose activities are | 11217 |
regulated or supervised by another state official, agency, bureau, | 11218 |
department, or commission are exempted from this section. | 11219 |
(D) The secretary of state shall give notice in writing and | 11220 |
provide a form for compliance with this section to each | 11221 |
corporation required by this section to file the statement of | 11222 |
continued existence, such notice and form to be mailed to the last | 11223 |
known address of the corporation as it appears on the records of | 11224 |
the secretary of state or which the secretary of state may | 11225 |
ascertain upon a reasonable search. | 11226 |
(E)
| 11227 |
this section to file a statement of continued existence fails to | 11228 |
file the statement required every fifth year, then the secretary | 11229 |
of state shall cancel the articles of such corporation, make a | 11230 |
notation of the cancellation on the records, and mail to the | 11231 |
corporation a certificate of the action so taken. | 11232 |
(F) A corporation whose articles have been canceled may be | 11233 |
reinstated by filing an application for reinstatement and paying | 11234 |
to the secretary of state
| 11235 |
| 11236 |
corporation whose articles have been canceled shall be reserved | 11237 |
for a period of one year after the date of cancellation. If the | 11238 |
reinstatement is not made within one year from the date of the | 11239 |
cancellation of its articles of incorporation and it appears that | 11240 |
a corporate name, limited liability company name, limited | 11241 |
liability partnership name, limited partnership name, or trade | 11242 |
name has been filed, the name of which is not distinguishable upon | 11243 |
the record as provided in section 1702.06 of the Revised Code, the | 11244 |
applicant for reinstatement shall be required by the secretary of | 11245 |
state, as a condition prerequisite to such reinstatement, to amend | 11246 |
its articles by changing its name. A certificate of reinstatement | 11247 |
may be filed in the recorder's office of any county in the state, | 11248 |
for which the recorder shall charge and collect a fee of one | 11249 |
dollar. The rights, privileges, and franchises of a corporation | 11250 |
whose articles have been reinstated are subject to section 1702.60 | 11251 |
of the Revised Code. | 11252 |
(G) The secretary of state shall furnish the tax | 11253 |
commissioner a list of all corporations failing to file the | 11254 |
required statement of continued existence. | 11255 |
Sec. 1703.04. (A) To procure a license to transact business | 11256 |
in this state, a foreign corporation for profit shall file with | 11257 |
the secretary of state a certificate of good standing or | 11258 |
subsistence, dated not earlier than ninety days prior to the | 11259 |
filing of the application, under the seal of the secretary of | 11260 |
state, or other proper official, of the state under the laws of | 11261 |
which said corporation was incorporated, setting forth: | 11262 |
(1) The exact corporate title; | 11263 |
(2) The date of incorporation; | 11264 |
(3) The fact that the corporation is in good standing or is | 11265 |
a subsisting corporation. | 11266 |
(B) To procure such a license, such corporation also shall | 11267 |
file with the secretary of state an application in such form as | 11268 |
the secretary of state prescribes, verified by the oath of any | 11269 |
authorized officer of such corporation, setting forth, but not | 11270 |
limited to: | 11271 |
(1) The name of the corporation and, if its corporate name | 11272 |
is not available, the trade name under which it will do business | 11273 |
in this state; | 11274 |
(2) The name of the state under the laws of which it was | 11275 |
incorporated; | 11276 |
(3) The location and complete address of its principal | 11277 |
office; | 11278 |
(4) The name of the county and the municipal corporation or | 11279 |
township in which its principal office within this state, if any, | 11280 |
is to be located; | 11281 |
(5) The appointment of a designated agent and the complete | 11282 |
address of such agent; | 11283 |
(6) The irrevocable consent of such corporation to service | 11284 |
of process on such agent so long as the authority of such agent | 11285 |
continues and to service of process upon the secretary of state in | 11286 |
the events provided for in section 1703.19 of the Revised Code; | 11287 |
(7) A brief summary of the corporate purposes to be | 11288 |
exercised within this state. | 11289 |
(C)
| 11290 |
11291 | |
11292 | |
11293 |
| 11294 |
for filing if it appears that the name of the foreign corporation | 11295 |
is prohibited by law or is not distinguishable upon the records in | 11296 |
the office of the secretary of state from the name of any other | 11297 |
corporation, whether nonprofit or for profit and whether that of a | 11298 |
domestic corporation or of a foreign corporation authorized to | 11299 |
transact business in this state, the name of a limited liability | 11300 |
company registered in the office of the secretary of state | 11301 |
pursuant to Chapter 1705. of the Revised Code, whether domestic or | 11302 |
foreign, the name of any limited liability partnership registered | 11303 |
in the office of the secretary of state pursuant to Chapter 1775. | 11304 |
of the Revised Code, whether domestic or foreign, the name of any | 11305 |
limited partnership registered in the office of the secretary of | 11306 |
state pursuant to Chapter 1782. of the Revised Code, whether | 11307 |
domestic or foreign, or a trade name to which the exclusive right | 11308 |
at the time in question is registered in the manner provided in | 11309 |
Chapter 1329. of the Revised Code, unless there also is filed with | 11310 |
the secretary of state, on a form prescribed by the secretary of | 11311 |
state, the consent of the other entity or person to the use of the | 11312 |
name, evidenced in a writing signed by any authorized officer of | 11313 |
the other entity or authorized representative of the other person | 11314 |
owning the exclusive right to the registered trade name. | 11315 |
(2) Notwithstanding division
| 11316 |
an application for a license is not acceptable for filing solely | 11317 |
because the name of the foreign corporation is not distinguishable | 11318 |
from the name of another entity or registered trade name, the | 11319 |
foreign corporation may be authorized to transact business in this | 11320 |
state by filing with the secretary of state, in addition to those | 11321 |
items otherwise prescribed by this section, a statement signed by | 11322 |
an authorized officer directing the foreign corporation to make | 11323 |
application for a license to transact business in this state under | 11324 |
an assumed business name or names that comply with the | 11325 |
requirements of this division and stating that the foreign | 11326 |
corporation will transact business in this state only under the | 11327 |
assumed name or names. The application for a license shall be on | 11328 |
a form prescribed by the secretary of state. | 11329 |
Sec. 1703.041. (A) Every foreign corporation for profit | 11330 |
that is licensed to transact business in this state, and every | 11331 |
foreign nonprofit corporation that is licensed to exercise its | 11332 |
corporate privileges in this state, shall have and maintain an | 11333 |
agent, sometimes referred to as the "designated agent," upon whom | 11334 |
process against the corporation may be served within this state. | 11335 |
The agent may be a natural person who is a resident of this state, | 11336 |
or may be a domestic corporation for profit or a foreign | 11337 |
corporation for profit holding a license under the laws of this | 11338 |
state that is authorized by its articles of incorporation to act | 11339 |
as an agent and that has a business address in this state. | 11340 |
(B) The written appointment of a designated agent shall set | 11341 |
forth the name and address of the agent, including the street and | 11342 |
number or other particular description, and shall otherwise be in | 11343 |
such form as the secretary of state prescribes. The secretary of | 11344 |
state shall keep a record of the names of such foreign | 11345 |
corporations and the names and addresses of their respective | 11346 |
agents. | 11347 |
(C) If the designated agent dies, removes from the state, or | 11348 |
resigns, the foreign corporation shall forthwith appoint another | 11349 |
agent and file in the office of the secretary of state
| 11350 |
11351 | |
11352 | |
secretary of state, a written appointment of the new agent. | 11353 |
(D) If the designated agent changes the agent's address from | 11354 |
that appearing upon the record in the office of the secretary of | 11355 |
state, the foreign corporation or the designated agent in its | 11356 |
behalf shall forthwith file with the secretary of
state
| 11357 |
11358 | |
11359 | |
11360 | |
prescribed by the secretary of state, a written statement setting | 11361 |
forth the agent's new address. | 11362 |
(E) A designated agent may resign by filing with the | 11363 |
secretary of state, on a form prescribed by the secretary of | 11364 |
state, a signed statement to that effect. The secretary of state | 11365 |
shall forthwith mail a copy of
| 11366 |
corporation at its principal office as shown by the record in the | 11367 |
secretary of state's office. Upon the expiration of sixty days | 11368 |
after the filing, the authority of the agent shall terminate. | 11369 |
(F) A foreign corporation may revoke the appointment of a | 11370 |
designated agent by filing with the secretary of state
| 11371 |
11372 | |
11373 | |
of state, a written appointment of another agent and a statement | 11374 |
that the appointment of the former agent is revoked. | 11375 |
(G) Process may be served upon a foreign corporation by | 11376 |
delivering a copy of it to its designated agent, if a natural | 11377 |
person, or by delivering a copy of it at the address of its agent | 11378 |
in this state, as the address appears upon the record in the | 11379 |
office of the secretary of state. | 11380 |
(H) This section does not limit or affect the right to serve | 11381 |
process upon a foreign corporation in any other manner permitted | 11382 |
by law. | 11383 |
(I) Every foreign corporation for profit shall state in each | 11384 |
annual report filed by it with the department of taxation the name | 11385 |
and address of its designated agent in this state. | 11386 |
Sec. 1703.15. No foreign corporation shall transact in this | 11387 |
state any business that could not be lawfully transacted by a | 11388 |
domestic corporation. Whenever the secretary of state finds that | 11389 |
a foreign corporation licensed to transact business in this state | 11390 |
is transacting in this state a business that a domestic | 11391 |
corporation could not lawfully transact, is transacting business | 11392 |
in this state in a corporate name that is not readily | 11393 |
distinguishable from the name of every other corporation, limited | 11394 |
liability company, limited liability partnership, or limited | 11395 |
partnership, domestic or foreign, or every trade name, registered | 11396 |
in the office of the secretary of state, theretofore authorized to | 11397 |
transact business in this state, without the consent of the other | 11398 |
corporation, limited liability company, limited liability | 11399 |
partnership, limited partnership, or trade name registrant, | 11400 |
evidenced in writing filed with the secretary of state pursuant to | 11401 |
section 1703.04 of the Revised Code, or has failed, after the | 11402 |
death or resignation of its designated agent or the designated | 11403 |
agent's removal from this state, to designate another agent as | 11404 |
required by section 1703.041 of the Revised Code, the secretary of | 11405 |
state shall give notice thereof by certified mail to the | 11406 |
corporation. Unless that failure is cured within thirty days | 11407 |
after the mailing by the secretary of state of the notice or | 11408 |
within such further period as the secretary of state grants, the | 11409 |
secretary of state, upon the expiration of such period, shall | 11410 |
cancel the license of the foreign corporation to transact business | 11411 |
in this state, give notice of the cancellation to the corporation | 11412 |
by mail, and make a notation of the cancellation on the secretary | 11413 |
of state's records. | 11414 |
A foreign corporation whose license has been canceled may be | 11415 |
reinstated upon its filing with the secretary of state, on a form | 11416 |
prescribed by the secretary of state, an application for | 11417 |
reinstatement accompanied by
| 11418 |
of
| 11419 |
application for reinstatement is submitted in a tax year or | 11420 |
calendar year other than that in which the cancellation occurred, | 11421 |
the application also shall be accompanied by a certificate of | 11422 |
reinstatement issued by the department of taxation. The name of a | 11423 |
corporation whose license has been canceled pursuant to this | 11424 |
section shall be reserved for a period of one year after the date | 11425 |
of cancellation. If the reinstatement is not made within one year | 11426 |
after the date of cancellation of the foreign license and it | 11427 |
appears that a corporate name, limited liability company name, | 11428 |
limited liability partnership name, limited partnership name, or | 11429 |
trade name has been filed, the name of which is not | 11430 |
distinguishable upon the record as provided in division (D) of | 11431 |
section 1703.04 of the Revised Code, the secretary of state shall | 11432 |
require the applicant for the reinstatement, as a condition | 11433 |
prerequisite to such reinstatement, to apply for authorization to | 11434 |
transact business in this state under an assumed name. | 11435 |
Sec. 1703.17. (A) A foreign corporation may surrender its | 11436 |
license to transact business in this state in the manner provided | 11437 |
in this section. | 11438 |
(B) A certificate of surrender signed by any authorized | 11439 |
officer, or by the receiver, trustee in bankruptcy, or other | 11440 |
liquidator of such corporation, shall be filed with the secretary | 11441 |
of state, on a form prescribed by the secretary of state, setting | 11442 |
forth: | 11443 |
(1) The name of the corporation and of the state under the | 11444 |
laws of which it is incorporated; | 11445 |
(2) That it surrenders its license; | 11446 |
(3) The address to which the secretary of state may mail any | 11447 |
process against such corporation that may be served upon the | 11448 |
secretary of state, and may mail any other notices, certificates, | 11449 |
or statements. | 11450 |
(C) A certificate of surrender, filed with the secretary of | 11451 |
state, on a form prescribed by the secretary of state, shall be | 11452 |
accompanied by: | 11453 |
(1) A receipt, certificate, or other evidence showing the | 11454 |
payment of all franchise, sales, use, and highway use taxes | 11455 |
accruing up to the date of such filing, or that such payment has | 11456 |
been adequately guaranteed; | 11457 |
(2) A receipt, certificate, or other evidence showing the | 11458 |
payment of all personal property taxes accruing up to the date of | 11459 |
such filing; | 11460 |
(3) A receipt, certificate, or other evidence from the | 11461 |
director of job and family services showing that all contributions | 11462 |
due from the corporation as an employer have been paid, or that | 11463 |
such payment has been adequately guaranteed, or that the | 11464 |
corporation is not subject to such contributions; | 11465 |
(4) An affidavit of the officer, or other person permitted | 11466 |
by law, executing the certificate of surrender, containing a | 11467 |
statement of the counties, if any, in this state in which the | 11468 |
corporation has personal property or a statement that the | 11469 |
corporation is of a type required to pay personal property taxes | 11470 |
to state authorities only. | 11471 |
(D) In lieu of the receipt, certificate, or other evidence | 11472 |
described in divisions (C)(1), (2), and (3) of this section, a | 11473 |
certificate of surrender may be accompanied by an affidavit of the | 11474 |
person executing the certificate of surrender, or of an officer of | 11475 |
the corporation, that contains a statement of the date upon which | 11476 |
the particular department, agency, or authority was advised in | 11477 |
writing of the scheduled date of filing the certificate of | 11478 |
surrender and was advised in writing of the acknowledgement by the | 11479 |
corporation that the surrender of its license does not relieve it | 11480 |
of liability, if any, for payment of the taxes and contributions | 11481 |
described in divisions (C)(1), (2), and (3) of this section. | 11482 |
(E) In lieu of filing such certificate of surrender there | 11483 |
may be filed a certificate of the secretary of state, or other | 11484 |
proper official, of the state under the laws of which the | 11485 |
corporation is incorporated, certifying that said corporation has | 11486 |
been dissolved or its corporate existence otherwise terminated, or | 11487 |
a certified copy of an order of court terminating the existence of | 11488 |
such corporation; but such certificate or certified copy shall be | 11489 |
accompanied by the information required by division (B)(3) of this | 11490 |
section. | 11491 |
(F)
| 11492 |
(N)(2) of section 111.16 of the Revised Code and the filing of any | 11493 |
such certificate or certified copy
under this section,
| 11494 |
11495 | |
11496 | |
license of such corporation, make a notation of such cancellation | 11497 |
upon the secretary of state's records, and mail to the corporation | 11498 |
a certificate of the action so taken. | 11499 |
(G) The mere retirement from business of a foreign | 11500 |
corporation without filing a certificate of surrender shall not | 11501 |
exempt such corporation from the requirements of filing the | 11502 |
reports and paying the fees required by sections 1703.01 to | 11503 |
1703.31 of the Revised Code, or from making reports and paying | 11504 |
excise or franchise fees or taxes. | 11505 |
Sec. 1703.27. No foreign nonprofit corporation shall | 11506 |
exercise its corporate privileges in this state in a continual | 11507 |
course of transactions until it has first procured from the | 11508 |
secretary of state a certificate authorizing it to do so. | 11509 |
Before issuing such certificate, the secretary of state shall | 11510 |
require such foreign corporation to file in the secretary of | 11511 |
state's office a certificate of good standing or subsistence, | 11512 |
setting forth the exact corporate title, the date of | 11513 |
incorporation, and the fact that the corporation is in good | 11514 |
standing or is a subsisting corporation, certified by the | 11515 |
secretary of state, or other proper official, of the state under | 11516 |
the laws of which the corporation was incorporated, and a | 11517 |
statement, on a form prescribed by the secretary of state, | 11518 |
verified by the oath of one of its officers, setting forth, but | 11519 |
not limited to, the following: | 11520 |
(A) The name of the corporation; | 11521 |
(B) The state under the laws of which it is incorporated; | 11522 |
(C) The location of its principal office; | 11523 |
(D) The corporate privileges it proposes to exercise in this | 11524 |
state; | 11525 |
(E) The location of its principal office in this state; | 11526 |
(F) The appointment of a designated agent and the complete | 11527 |
address of such agent; | 11528 |
(G) Its irrevocable consent to service of process on such | 11529 |
agent so long as the authority of the agent continues and to | 11530 |
service of process upon the secretary of state in the events | 11531 |
provided for in section 1703.19 of the Revised Code. | 11532 |
For the filing of
| 11533 |
shall charge and collect
| 11534 |
| 11535 |
A foreign nonprofit corporation shall file an amendment with | 11536 |
the secretary of state if there is a modification of any of the | 11537 |
information required to be included in its statement, except for | 11538 |
changes in information required by division (F) of this section, | 11539 |
which shall be corrected in the same manner as described in | 11540 |
section 1702.06 of the Revised Code. For the filing of
| 11541 |
11542 | |
shall charge and collect
| 11543 |
(R) of
| 11544 |
Sections 1703.01 to 1703.31 of the Revised Code, governing | 11545 |
foreign corporations for profit in respect to exemption from | 11546 |
attachment, change of location of principal office, change of its | 11547 |
designated agent or of the designated agent's address, service on | 11548 |
the secretary of state, license certificate as prima-facie | 11549 |
evidence, proof of due incorporation, filing of amendments | 11550 |
evidencing changes of corporate name, merger, or consolidation, | 11551 |
filing of certificate of surrender, service on retired | 11552 |
corporation, and penalties or forfeitures for transacting business | 11553 |
without license, for false reports, and for failure to comply with | 11554 |
other applicable provisions of such sections, shall also apply to | 11555 |
foreign nonprofit corporations. | 11556 |
The secretary of state may require further reports, | 11557 |
certificates, or information from a foreign nonprofit corporation, | 11558 |
including verification of the continued existence of the | 11559 |
corporation. Upon the failure of any corporation to provide the | 11560 |
information, the secretary of state shall give notice of the | 11561 |
failure by certified mail and, if the report is not filed within | 11562 |
thirty days after the mailing of the notice, the license of the | 11563 |
corporation to exercise its corporate privileges in this state | 11564 |
shall expire and the secretary of state shall make a notation to | 11565 |
that effect on the secretary of state's records. | 11566 |
Sec. 1703.31. (A) Any foreign corporation may register its | 11567 |
corporate name, if its corporate name is available for use under | 11568 |
division (D) of section 1703.04 of the Revised Code, by filing in | 11569 |
the office of the secretary of state an application, on a form | 11570 |
prescribed by the secretary of state, that contains the following | 11571 |
information: | 11572 |
(1) The exact corporate name to be registered; | 11573 |
(2) The complete address of the principal office of the | 11574 |
corporation; | 11575 |
(3) The jurisdiction of its incorporation; | 11576 |
(4) The date of its incorporation; | 11577 |
(5) A statement that it is carrying on or doing business; | 11578 |
(6) The general nature of the business in which it is | 11579 |
engaged; | 11580 |
(7) Any other information required by the secretary of | 11581 |
state. | 11582 |
The application shall be signed and verified by an officer of | 11583 |
the applicant. | 11584 |
The application shall be accompanied by a certificate stating | 11585 |
that the corporation is in good standing under the laws of the | 11586 |
jurisdiction of its incorporation, which certificate shall be | 11587 |
executed by the official of the jurisdiction having custody of the | 11588 |
records pertaining to corporations and dated not earlier than | 11589 |
sixty days prior to the filing of the application. | 11590 |
| 11591 |
11592 | |
Revised Code shall accompany the application. | 11593 |
(B) Registration of a corporate name under this section is | 11594 |
effective for a term of one year from the date of registration. | 11595 |
Upon application, on a form prescribed by the secretary of state, | 11596 |
filed with the secretary of state prior to the expiration of each | 11597 |
one-year term, the registration may be renewed for an additional | 11598 |
term. The renewal application shall set forth the facts required | 11599 |
to be set forth in the original application for registration, | 11600 |
together with a certificate of good standing as required for the | 11601 |
initial registration. | 11602 |
The secretary of state shall notify registrants within the | 11603 |
three months before the expiration of one year from the date of | 11604 |
registration of the necessity of renewal by writing to the | 11605 |
principal office address of the registrants as shown upon the | 11606 |
current registration in effect. | 11607 |
| 11608 |
11609 | |
secretary of state, shall accompany the application for renewal of | 11610 |
the registration. | 11611 |
Sec. 1705.05. (A) The name of a limited liability company | 11612 |
shall include the words, "limited liability company," without | 11613 |
abbreviation or shall include one of the following abbreviations: | 11614 |
"LLC," "L.L.C.," "limited," "ltd.," or "ltd". | 11615 |
(B)(1) Except as provided in this section and in sections | 11616 |
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised | 11617 |
Code, the secretary of state shall not accept for filing in the | 11618 |
secretary of state's office the articles of organization of a | 11619 |
limited liability company if the company name set forth in the | 11620 |
articles is not distinguishable on the records of the secretary of | 11621 |
state from the name of any of the following: | 11622 |
(a) Any other limited liability company, whether the name is | 11623 |
of a domestic limited liability company or of a foreign limited | 11624 |
liability company registered as a foreign limited liability | 11625 |
company under this chapter; | 11626 |
(b) Any corporation, whether the name is of a domestic | 11627 |
corporation or of a foreign corporation holding a license as a | 11628 |
foreign corporation under the laws of this state pursuant to | 11629 |
Chapter 1701., 1702., or 1703. of the Revised Code; | 11630 |
(c) Any limited liability partnership, whether the name is | 11631 |
of a domestic limited liability partnership or a foreign limited | 11632 |
liability partnership registered pursuant to Chapter 1775. of the | 11633 |
Revised Code; | 11634 |
(d) Any limited partnership, whether the name is of a | 11635 |
domestic limited partnership or a foreign limited partnership | 11636 |
registered pursuant to Chapter 1782. of the Revised Code; | 11637 |
(e) Any trade name to which the exclusive right, at the time | 11638 |
in question, is registered in the office of the secretary of state | 11639 |
pursuant to Chapter 1329. of the Revised Code. | 11640 |
(2) The secretary of state may accept for filing in the | 11641 |
secretary of state's office the articles of organization of a | 11642 |
limited liability company whose name set forth in the articles is | 11643 |
not distinguishable on the records of the secretary of state from | 11644 |
any trade name or the name of another limited liability company, | 11645 |
corporation, limited liability partnership, or limited partnership | 11646 |
if there also is filed in the secretary of state's office the | 11647 |
consent of the other entity or, in the case of a registered trade | 11648 |
name, the person in whose name is registered the exclusive right | 11649 |
to the use of the particular name. | 11650 |
(C) A consent given by an entity or person in whose name is | 11651 |
registered the exclusive right to use a trade name, to the use of | 11652 |
a name by a limited liability company, shall be in the form of an | 11653 |
instrument, prescribed by the secretary of state, that is signed | 11654 |
by an authorized officer or other authorized representative of the | 11655 |
consenting entity or person in whose name the trade name is | 11656 |
registered. | 11657 |
(D) If a judicial sale or a judicial transfer by sale, | 11658 |
transfer of good will, or otherwise involves the right to use the | 11659 |
name of a domestic limited liability company or of a foreign | 11660 |
limited liability company registered as a foreign limited | 11661 |
liability company under this chapter, then, at the request of the | 11662 |
purchaser or transferee of that right, the secretary of state | 11663 |
shall accept for filing articles of organization of a limited | 11664 |
liability company with a name that is the same as or similar to | 11665 |
the name of the other limited liability company if there also is | 11666 |
filed in the secretary of state's office a certified copy of the | 11667 |
court order or decree that confirms or otherwise evidences the | 11668 |
purchase or transfer. | 11669 |
(E) Any person that wishes to reserve a name for a proposed | 11670 |
new limited liability company or any limited liability company | 11671 |
that intends to change its name may submit to the secretary of | 11672 |
state, on a form prescribed by the secretary of state, a written | 11673 |
application for the exclusive right to use a specified name as the | 11674 |
name of the company. If the secretary of state finds, consistent | 11675 |
with this section, that the specified name is available for use, | 11676 |
the secretary of state shall file the application. From the date | 11677 |
of the
filing, the applicant has the exclusive right for
| 11678 |
hundred eighty days to use the specified name as the name of the | 11679 |
limited liability company, counting the date of the filing as the | 11680 |
first of
the
| 11681 |
may be transferred by the applicant or other holder of the right | 11682 |
by filing in the office of the secretary of state a written | 11683 |
transfer, on a form prescribed by the secretary of state, that | 11684 |
states the name and address of the transferee. | 11685 |
| 11686 |
11687 | |
11688 | |
11689 |
Sec. 1705.06. (A) Each limited liability company shall | 11690 |
maintain continuously in this state an agent for service of | 11691 |
process on the company. The agent shall be an individual who is a | 11692 |
resident of this state, a domestic corporation, or a foreign | 11693 |
corporation holding a license as a foreign corporation under the | 11694 |
laws of this state. | 11695 |
(B)(1) The secretary of state shall not accept original | 11696 |
articles of organization of a limited liability company for filing | 11697 |
unless the articles are accompanied by both of the following: | 11698 |
(a) A written appointment of an agent as described in | 11699 |
division (A) of this section that is signed by an authorized | 11700 |
member, manager, or other representative of the limited liability | 11701 |
company; | 11702 |
(b) A written acceptance of the appointment that is signed | 11703 |
by the designated agent on a form prescribed by the secretary of | 11704 |
state. | 11705 |
(2) In cases not covered by division (B)(1) of this section, | 11706 |
the limited liability company shall appoint the agent described in | 11707 |
division (A) of this section and shall file with the secretary of | 11708 |
state, on a form prescribed by the secretary of state, a written | 11709 |
appointment of that agent that is signed as described in division | 11710 |
(K) of this section and a written acceptance of the appointment | 11711 |
that is signed by the designated agent. | 11712 |
(3) For purposes of divisions (B)(1) and (2) of this | 11713 |
section, the filed written acceptance of an agent's appointment | 11714 |
shall be a signed original document or a photocopy, facsimile, or | 11715 |
similar reproduction of a signed original document. | 11716 |
(C) The written appointment of an agent described in | 11717 |
division (A) of this section shall set forth the name of the agent | 11718 |
and the agent's address in this state, including the street and | 11719 |
number or other particular description of that address. It | 11720 |
otherwise shall be in the form that the secretary of state | 11721 |
prescribes. The secretary of state shall keep a record of the | 11722 |
names of limited liability companies and the names and addresses | 11723 |
of their agents. | 11724 |
(D) If any agent described in division (A) of this section | 11725 |
dies, resigns, or moves outside of this state, the limited | 11726 |
liability company shall appoint forthwith another agent and file | 11727 |
with the secretary of state, on a form prescribed by the secretary | 11728 |
of state, a written appointment of the agent and acceptance of | 11729 |
appointment as described in division (B)(2) of this section. | 11730 |
(E) If the agent described in division (A) of this section | 11731 |
changes the agent's address from the address stated in the records | 11732 |
of the secretary of state, the agent or the limited liability | 11733 |
company shall file forthwith with the secretary of state, on a | 11734 |
form prescribed by the secretary of state, a written statement | 11735 |
setting forth the new address. | 11736 |
(F) An agent described in division (A) of this section may | 11737 |
resign by filing with the secretary of state, on a form prescribed | 11738 |
by the secretary of state, a written notice of resignation that is | 11739 |
signed by the agent and by mailing a copy of that notice to the | 11740 |
limited liability company at the current or last known address of | 11741 |
its principal office. The notice shall be mailed to the company | 11742 |
on or prior to the date that the notice is filed with the | 11743 |
secretary of state and shall set forth the name of the company, | 11744 |
the name and current address of the agent, the current or last | 11745 |
known address, including the street and number or other particular | 11746 |
description, of the company's principal office, a statement of the | 11747 |
resignation of the agent, and a statement that a copy of the | 11748 |
notice has been sent to the company within the time and in the | 11749 |
manner specified in this division. The authority of the resigning | 11750 |
agent terminates thirty days after the filing of the notice with | 11751 |
the secretary of state. | 11752 |
(G) A limited liability company may revoke the appointment | 11753 |
of its agent described in division (A) of this section by filing | 11754 |
with the secretary of state, on a form prescribed by the secretary | 11755 |
of state, a written appointment of another agent and an acceptance | 11756 |
of appointment in the manner described in division (B)(2) of this | 11757 |
section and a statement indicating that the appointment of the | 11758 |
former agent is revoked. | 11759 |
(H)(1) Any legal process, notice, or demand required or | 11760 |
permitted by law to be served upon a limited liability company may | 11761 |
be served upon the company as follows: | 11762 |
(a) If the agent described in division (A) of this section | 11763 |
is an individual, by delivering a copy of the process, notice, or | 11764 |
demand to the agent; | 11765 |
(b) If the agent is a corporation, by delivering a copy of | 11766 |
the process, notice, or demand to the address of the agent in this | 11767 |
state as contained in the records of the secretary of state. | 11768 |
(2) If the agent described in division (A) of this section | 11769 |
cannot be found or no longer has the address that is stated in the | 11770 |
records of the secretary of state or the limited liability company | 11771 |
has failed to maintain an agent as required by this section and if | 11772 |
the party or the agent or representative of the party that desires | 11773 |
service of the process, notice, or demand files with the secretary | 11774 |
of state an affidavit that states that one of those circumstances | 11775 |
exists and states the most recent address of the company that the | 11776 |
party who desires service has been able to ascertain after a | 11777 |
diligent search, then the service of the process, notice, or | 11778 |
demand upon the secretary of state as the agent of the company may | 11779 |
be initiated by delivering to the secretary of state four copies | 11780 |
of the process, notice, or demand accompanied by a fee of five | 11781 |
dollars. The secretary of state shall give forthwith notice of | 11782 |
that delivery to the company at either its principal office as | 11783 |
shown upon the secretary of state's records or at any different | 11784 |
address specified in the affidavit of the party desiring service | 11785 |
and shall forward to the company at either address by certified | 11786 |
mail, return receipt requested, a copy of the process, notice, or | 11787 |
demand. Service upon the company is made when the secretary of | 11788 |
state gives the notice and forwards the process, notice, or demand | 11789 |
as set forth in division (H)(2) of this section. | 11790 |
(I) The secretary of state shall keep a record of each | 11791 |
process, notice, and demand that pertains to a limited liability | 11792 |
company and that is delivered to the secretary of state's office | 11793 |
under this section or another law of this state that authorizes | 11794 |
service upon the secretary of state in connection with a limited | 11795 |
liability company. In that record, the secretary of state shall | 11796 |
record the time of each delivery of that type and the secretary of | 11797 |
state's subsequent action with respect to the process, notice, or | 11798 |
demand. | 11799 |
(J) This section does not limit or affect the right to serve | 11800 |
any process, notice, or demand upon a limited liability company in | 11801 |
any other manner permitted by law. | 11802 |
(K) The written appointment of an agent or a written | 11803 |
statement filed by the company with the secretary of state shall | 11804 |
be signed by an authorized member, manager, or other | 11805 |
representative of the company. | 11806 |
| 11807 |
11808 | |
11809 | |
11810 | |
11811 | |
11812 |
Sec. 1705.38. (A) Upon the adoption by each constituent | 11813 |
entity of an agreement of merger or consolidation pursuant to | 11814 |
section 1705.36 or 1705.37 of the Revised Code, a certificate of | 11815 |
merger or consolidation shall be filed with the secretary of state | 11816 |
that is signed by a manager of each constituent limited liability | 11817 |
company in which the management is not reserved to its members, by | 11818 |
at least one member of each other constituent limited liability | 11819 |
company, by at least one general partner of each constituent | 11820 |
partnership, and by an authorized representative of each other | 11821 |
constituent entity. The certificate shall be on a form prescribed | 11822 |
by the secretary of state and shall set forth only the information | 11823 |
required by this section. | 11824 |
(B)(1) The certificate of merger or consolidation shall set | 11825 |
forth all of the following: | 11826 |
(a) The name and the form of entity of each constituent | 11827 |
entity and the state under the laws of which each constituent | 11828 |
entity exists; | 11829 |
(b) A statement that each constituent entity has complied | 11830 |
with all of the laws under which it exists and that the laws | 11831 |
permit the merger or consolidation; | 11832 |
(c) The name and mailing address of the person or entity | 11833 |
that is to provide, in response to any written request made by a | 11834 |
shareholder, partner, or other equity holder of a constituent | 11835 |
entity, a copy of the agreement of merger or consolidation; | 11836 |
(d) The effective date of the merger or consolidation, which | 11837 |
date may be on or after the date of the filing of the certificate; | 11838 |
(e) The signature of the representative or representatives | 11839 |
authorized to sign the certificate on behalf of each constituent | 11840 |
entity and the office held or the capacity in which the | 11841 |
representative is acting; | 11842 |
(f) A statement that the agreement of merger or | 11843 |
consolidation is authorized on behalf of each constituent entity | 11844 |
and that the persons who signed the certificate on behalf of each | 11845 |
entity are authorized to do so; | 11846 |
(g) In the case of a merger, a statement that one or more | 11847 |
specified constituent entities will be merged into a specified | 11848 |
surviving entity or, in the case of a consolidation, a statement | 11849 |
that the constituent entities will be consolidated into a new | 11850 |
entity; | 11851 |
(h) In the case of a merger, if the surviving entity is a | 11852 |
foreign entity not licensed to transact business in this state, | 11853 |
the name and address of the statutory agent upon whom any process, | 11854 |
notice, or demand may be served; | 11855 |
(i) In the case of a consolidation, the name and address of | 11856 |
the statutory agent upon whom any process, notice, or demand | 11857 |
against any constituent entity or the new entity may be served. | 11858 |
(2) In the case of a consolidation into a new domestic | 11859 |
corporation, limited liability company, or limited partnership, | 11860 |
the articles of incorporation, the articles of organization, or | 11861 |
the certificate of limited partnership of the new domestic entity | 11862 |
shall be filed with the certificate of merger or consolidation. | 11863 |
(3) In the case of a merger into a domestic corporation, | 11864 |
limited liability company, or limited partnership, any amendments | 11865 |
to the articles of incorporation, articles of organization, or | 11866 |
certificate of limited partnership of the surviving domestic | 11867 |
entity shall be filed with the certificate of merger or | 11868 |
consolidation. | 11869 |
(4) If the surviving or new entity is a foreign entity that | 11870 |
desires to transact business in this state as a foreign | 11871 |
corporation, limited liability company, or limited partnership, | 11872 |
the certificate of merger or consolidation shall be accompanied by | 11873 |
the information required by division (B)(8), (9), or (10) of | 11874 |
section 1705.37 of the Revised Code. | 11875 |
(5) If a foreign or domestic corporation licensed to | 11876 |
transact business in this state is a constituent entity and the | 11877 |
surviving or new entity resulting from the merger or consolidation | 11878 |
is not a foreign or domestic corporation that is to be licensed to | 11879 |
transact business in this state, the certificate of merger or | 11880 |
consolidation shall be accompanied by the affidavits, receipts, | 11881 |
certificates, or other evidence required by division (H) of | 11882 |
section 1701.86 of the Revised Code, with respect to each domestic | 11883 |
constituent corporation, and by the affidavits, receipts, | 11884 |
certificates, or other evidence required by division (C) or (D) of | 11885 |
section 1703.17 of the Revised Code, with respect to each foreign | 11886 |
constituent corporation licensed to transact business in this | 11887 |
state. | 11888 |
(C) If any constituent entity in a merger or consolidation | 11889 |
is organized or formed under the laws of a state other than this | 11890 |
state or under any chapter of the Revised Code other than this | 11891 |
chapter, there also shall be filed in the proper office all | 11892 |
documents that are required to be filed in connection with the | 11893 |
merger or consolidation by the laws of that state or by that | 11894 |
chapter. | 11895 |
(D) Upon the filing of a certificate of merger or | 11896 |
consolidation and other filings as described in division (C) of | 11897 |
this section or at any later date that the certificate of merger | 11898 |
or consolidation specifies, the merger or consolidation is | 11899 |
effective. | 11900 |
(E)(1) Upon request and payment of
| 11901 |
division (D) of
| 11902 |
the secretary of state shall furnish the secretary of state's | 11903 |
certificate setting forth all of the following: | 11904 |
(a) The name and form of entity of each constituent entity | 11905 |
and the states under the laws of which each constituent entity | 11906 |
existed prior to a merger or consolidation; | 11907 |
(b) The name and the form of entity of the surviving or new | 11908 |
entity and the state under the laws of which the surviving entity | 11909 |
exists or the new entity is to exist; | 11910 |
(c) The date of the filing of the certificate of merger or | 11911 |
consolidation in the secretary of state's office; | 11912 |
(d) The effective date of the merger or consolidation. | 11913 |
(2) The certificate of the secretary of state or a copy of a | 11914 |
certificate of merger or consolidation that has been certified by | 11915 |
the secretary of state may be filed for record in the office of | 11916 |
the recorder of any county in this state and, if filed, shall be | 11917 |
recorded in the record of deeds for that county. For that | 11918 |
recording, the county recorder shall charge and collect the same | 11919 |
fees as for recording a deed. | 11920 |
Sec. 1705.55. (A) If any statement in an application for | 11921 |
registration as a foreign limited liability company is materially | 11922 |
false when made or if any facts described in the application have | 11923 |
changed making it inaccurate in any material respect, the foreign | 11924 |
limited liability company shall file promptly with the secretary | 11925 |
of state a certificate correcting the application that shall be on | 11926 |
a form that is prescribed by the secretary of state and be signed | 11927 |
by an authorized representative of the company.
| 11928 |
(B) If the application for registration or a subsequent | 11929 |
certificate of correction becomes inaccurate because the | 11930 |
designated agent resigns or changes the agent's address from that | 11931 |
appearing in the registration application or any subsequent | 11932 |
certificate of correction of the registration application, the | 11933 |
foreign limited liability company, or the designated agent on its | 11934 |
behalf, shall file a notice of that resignation or change promptly | 11935 |
with
the secretary of state
| 11936 |
11937 |
(C) A foreign limited liability company may revoke the | 11938 |
appointment of its designated agent described in division (A) of | 11939 |
section 1705.54 of the Revised Code by filing with the secretary | 11940 |
of state, on a form prescribed by the secretary of state, a | 11941 |
written appointment of another agent and an acceptance of | 11942 |
appointment in the manner described in division (B)(2) of section | 11943 |
1705.06 of the Revised Code and a statement indicating that the | 11944 |
appointment of the former agent is revoked. | 11945 |
(D) The fee specified in division (R) of section 111.16 of | 11946 |
the Revised Code shall accompany a filing under division (B) or | 11947 |
(C) of this section. | 11948 |
Sec. 1746.04. (A) Except as set forth in section 1746.03 of | 11949 |
the Revised Code, before transacting business in this state, a | 11950 |
business trust shall file
| 11951 |
of state, on forms prescribed by the secretary of state, a report | 11952 |
containing the following information: | 11953 |
(1) A list of the names and addresses of its trustees; | 11954 |
(2) The address of its principal office; | 11955 |
(3) In the case of a foreign business trust, the address of | 11956 |
its principal office within this state, if any; | 11957 |
(4) The business names of the business trust, including any | 11958 |
fictitious or assumed names; | 11959 |
(5) The name and address within this state of a designated | 11960 |
agent upon whom process against the business trust may be served; | 11961 |
(6) The irrevocable consent of the business trust to service | 11962 |
of process upon its designated agent and to service of process | 11963 |
upon the secretary of state if, without the registration of | 11964 |
another agent with the secretary of state, its designated agent | 11965 |
has died, resigned, lost authority, dissolved, become | 11966 |
disqualified, or has removed from this state, or if its designated | 11967 |
agent cannot, with due diligence, be found. | 11968 |
Such report shall have attached as an exhibit an executed | 11969 |
copy of the trust instrument or a true and correct copy of it, | 11970 |
certified to be such by a trustee before an official authorized to | 11971 |
administer oaths or by a public official in another state in whose | 11972 |
office an executed copy is on file. | 11973 |
(B) Not more than ninety days after the occurrence of any | 11974 |
event causing any filing, including exhibits, made pursuant to | 11975 |
division (A) of this section, or any previous filing made pursuant | 11976 |
to this division, to be inaccurate or incomplete, there shall be | 11977 |
filed in the office of the secretary of state all information | 11978 |
necessary to maintain the accuracy and completeness of such | 11979 |
filing. | 11980 |
(C) The secretary of state shall charge and collect
| 11981 |
the fees specified in division (T)
of
| 11982 |
111.16 of the Revised Code for each filing made under division (A) | 11983 |
| 11984 |
or (B) of this section, except for filings under division (B) of | 11985 |
this section pertaining solely to division (A)(5) of this section, | 11986 |
for which the secretary of state shall charge and collect the fee | 11987 |
specified in division (R) of section 111.16 of the Revised Code. | 11988 |
(D) The trust instrument and other information filed in the | 11989 |
office of the secretary of state are matters of public record, and | 11990 |
persons dealing with a business trust are charged with | 11991 |
constructive notice of the contents of any such instrument or | 11992 |
information by reason of such filing. | 11993 |
(E) A copy of a trust instrument or other information filed | 11994 |
in the office of the secretary of state shall be accepted as | 11995 |
prima-facie evidence of the existence of the instrument or other | 11996 |
information and of its contents, and conclusive evidence of the | 11997 |
existence of such record. | 11998 |
Sec. 1746.06. (A) No business trust that has made a filing | 11999 |
pursuant to section 1746.04 of the Revised Code may use the words | 12000 |
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership," | 12001 |
"Ltd.," or derivatives thereof in its name. | 12002 |
(B) No business trust formed after the effective date of | 12003 |
this chapter that has made a filing pursuant to section 1746.04 of | 12004 |
the Revised Code shall assume the name of any corporation | 12005 |
established under the laws of this state, or of a corporation, | 12006 |
firm, or association, or trust whether or not as defined in | 12007 |
section 1746.01 of the Revised Code, or of an individual, carrying | 12008 |
on business in this state at the time when the business trust is | 12009 |
created, or assume a name so similar thereto as to be likely to be | 12010 |
mistaken for it, except with the written consent of such existing | 12011 |
corporation, firm, association, or trust, or of such individual, | 12012 |
previously or concurrently filed with the secretary of state. | 12013 |
(C) The secretary of state shall refuse to receive for | 12014 |
filing the trust instrument of a business trust if it appears to | 12015 |
| 12016 |
section. The courts of common pleas of this state shall have | 12017 |
jurisdiction, upon the application of any person interested or | 12018 |
affected, to enjoin a business trust from transacting business | 12019 |
under any name in violation of any provision of this section, | 12020 |
notwithstanding that the trust instrument of such business trust | 12021 |
has been received for filing under section 1746.04 of the Revised | 12022 |
Code. | 12023 |
(D) Any person who wishes to reserve a name for a proposed | 12024 |
new business trust, or any business trust intending to change its | 12025 |
name, may submit to the secretary of state a written application | 12026 |
for the exclusive right to use a specified name as the name of a | 12027 |
business trust. If the secretary of state finds that, under this | 12028 |
section, the specified name is available for such use,
| 12029 |
secretary of state shall
indorse
| 12030 |
approval upon and file such application and, from the date of such | 12031 |
indorsement, such applicant shall have the exclusive right for | 12032 |
| 12033 |
name of a business trust, counting the date of such indorsement as | 12034 |
the
first of the
| 12035 |
obtained may be transferred by the applicant or other holder | 12036 |
thereof by the filing in the office of the secretary of state of a | 12037 |
written transfer stating the name and address of the transferee. | 12038 |
For filing any application for the exclusive right to use a | 12039 |
specified name under this division, the secretary of state shall | 12040 |
charge and collect
| 12041 |
12042 | |
transfer of the right to an exclusive name under this division, | 12043 |
the secretary of state shall charge and collect the fee specified | 12044 |
in division (S)(4) of section 111.16 of the Revised Code. | 12045 |
(E) Any business trust that has not made the filings | 12046 |
described under section 1746.04 of the Revised Code may submit to | 12047 |
the secretary of state a written application for the exclusive | 12048 |
right to use a specified name as the name of such business trust. | 12049 |
If the secretary of state finds that, under this section, the | 12050 |
specified name is available for such use,
| 12051 |
state shall indorse
| 12052 |
file such application and, from the date of such indorsement, such | 12053 |
applicant has the exclusive right to use the specified name for | 12054 |
the period that it transacts business. The right so obtained may | 12055 |
be transferred by the applicant or other holder thereof by the | 12056 |
filing in the office of the secretary of state of a written | 12057 |
transfer stating the name and address of the transferee. For | 12058 |
filing
| 12059 |
specified name under this division, the secretary of state shall | 12060 |
charge and collect
| 12061 |
12062 |
Sec. 1746.15. Any business trust that has made the filings | 12063 |
described in section 1746.04 of the Revised Code may withdraw from | 12064 |
this state at any time by filing in the office of the secretary of | 12065 |
state a verified copy of a resolution duly adopted by its trustees | 12066 |
declaring its intention to withdraw and surrender its authority, | 12067 |
accompanied by
| 12068 |
(T) of section 111.16 of the Revised Code. | 12069 |
Sec. 1747.03. (A) Before transacting real estate business | 12070 |
in this state, a real estate investment trust shall file the | 12071 |
following report in the office of the secretary of state, on forms | 12072 |
prescribed by the secretary of state: | 12073 |
(1) An executed copy of the trust instrument or a true and | 12074 |
correct copy of it, certified to be such by a trustee before an | 12075 |
official authorized to administer oaths or by a public official in | 12076 |
another state in whose office an executed copy is on file; | 12077 |
(2) A list of the names and addresses of its trustees; | 12078 |
(3) The address of its principal office; | 12079 |
(4) In the case of a foreign real estate investment trust, | 12080 |
the address of its principal office within this state, if any; | 12081 |
(5) The business name of the trust; | 12082 |
(6) The name and address within this state of a designated | 12083 |
agent upon whom process against the trust may be served; | 12084 |
(7) The irrevocable consent of the trust to service of | 12085 |
process on its designated agent and to service of process upon the | 12086 |
secretary of state if, without the registration of another agent | 12087 |
with the secretary of state, its designated agent has died, | 12088 |
resigned, lost authority, dissolved, become disqualified, or has | 12089 |
removed from this state, or if its designated agent cannot, with | 12090 |
due diligence, be found; | 12091 |
(8) Not more than ninety days after the occurrence of any | 12092 |
event causing any filing made pursuant to divisions (A)(2) to (6) | 12093 |
of this section, or any previous filing made pursuant to this | 12094 |
division, to be inaccurate or incomplete, all information | 12095 |
necessary to maintain the accuracy and completeness of such | 12096 |
filing. | 12097 |
(B) For
| 12098 |
state
shall charge and collect
| 12099 |
of
| 12100 |
12101 | |
12102 | |
filings under division (A)(8) of this section pertaining solely to | 12103 |
division (A)(6) of this section, for which the secretary of state | 12104 |
shall charge and collect the fee specified in division (R) of | 12105 |
section 111.16 of the Revised Code. | 12106 |
(C) All persons shall be given the opportunity to acquire | 12107 |
knowledge of the contents of the trust instrument and other | 12108 |
information filed in the office of the secretary of state, but no | 12109 |
person dealing with a real estate investment trust shall be | 12110 |
charged with constructive notice of the contents of any such | 12111 |
instrument or information by reason of such filing. | 12112 |
(D) A copy of a trust instrument or other information filed | 12113 |
in the office of the secretary of state
| 12114 |
evidence of the existence of the instrument or other information | 12115 |
and of its contents, and
| 12116 |
existence of such record. | 12117 |
Sec. 1747.04. A trust instrument may be amended in the | 12118 |
manner specified in it or in any manner that is valid under the | 12119 |
common or statutory law applicable to
the trust created
| 12120 |
under it. However, no amendment adopted subsequent to the initial | 12121 |
filings required by section 1747.03 of the Revised Code is legally | 12122 |
effective in this state until an executed or certified true and | 12123 |
correct copy of the amendment has been filed in the office of the | 12124 |
secretary of state
accompanied by
| 12125 |
(T) of
| 12126 |
Sec. 1747.10. Any domestic or foreign real estate investment | 12127 |
trust authorized to transact real estate business in this state | 12128 |
may surrender its authority at any time by filing in the office of | 12129 |
the secretary of state a verified copy of a resolution duly | 12130 |
adopted by its trustees declaring its intention to withdraw, | 12131 |
accompanied by
| 12132 |
section 111.16 of the Revised Code. Such real estate investment | 12133 |
trust then ceases and is without authority to transact real estate | 12134 |
business in
this state, except as necessary for
| 12135 |
12136 |
Sec. 1775.63. (A) A domestic limited liability partnership | 12137 |
or foreign registered limited liability partnership shall, | 12138 |
| 12139 |
years, file a report with the office of the secretary of state | 12140 |
verifying and, if necessary, updating, as of the thirtieth day of | 12141 |
June of that year, the information contained in the registration | 12142 |
application required by division (A) of sections 1775.61 and | 12143 |
1775.64 of the
Revised Code. The
| 12144 |
form prescribed and furnished by the secretary of state and shall | 12145 |
be signed by a majority in interest of the partners or by one or | 12146 |
more partners authorized by the partnership to execute the report. | 12147 |
(B) If a domestic limited liability partnership or foreign | 12148 |
registered limited liability partnership fails
to file the
| 12149 |
report in accordance with division (A) of this section, the | 12150 |
secretary of state shall give notice of the failure by certified | 12151 |
mail to the last known address of the partnership or its statutory | 12152 |
agent. If the report is not filed within thirty days after the | 12153 |
mailing of the notice, the secretary of state shall, upon the | 12154 |
expiration of that period, cancel the registration of the | 12155 |
partnership, give notice of the cancellation to the partnership by | 12156 |
regular mail to the last known address of the partnership or its | 12157 |
statutory agent, and make a notation of the cancellation on the | 12158 |
secretary of state's records. | 12159 |
(C) A domestic limited liability partnership or foreign | 12160 |
registered limited liability partnership whose registration has | 12161 |
been canceled pursuant to division (B) of this section may be | 12162 |
reinstated by filing an application for reinstatement, together | 12163 |
with the required
| 12164 |
reinstatement fee
specified in division (Q) of
| 12165 |
111.16 of the Revised Code. The secretary of state shall inform | 12166 |
the tax commissioner of all cancellations and reinstatements under | 12167 |
this section. | 12168 |
Sec. 1775.64. (A) Before transacting business in this | 12169 |
state, a foreign limited liability partnership shall file a | 12170 |
registration application with the secretary of state. The | 12171 |
application shall be on a form prescribed by the secretary of | 12172 |
state and shall set forth only the following information: | 12173 |
(1) The name of the partnership; | 12174 |
(2) The jurisdiction pursuant to the laws of which it was | 12175 |
organized as a limited liability partnership; | 12176 |
(3) The address of its principal office or, if the | 12177 |
partnership's principal office is not located in this state, the | 12178 |
address of a registered office; | 12179 |
(4) The name and address of its agent for service of process | 12180 |
in this state; | 12181 |
(5) A brief statement of the business in which the | 12182 |
partnership engages. | 12183 |
(B) A registration application shall be accompanied by the | 12184 |
application fee specified in division (F) of section 111.16 of the | 12185 |
Revised Code. | 12186 |
(C) A foreign limited liability partnership transacting | 12187 |
business in this state shall comply with the name, correction, and | 12188 |
annual reporting requirements set forth in division (G) of section | 12189 |
1775.61, divisions (B) and (C) of section 1775.62, and section | 12190 |
1775.63 of the Revised Code and shall comply with any statutory or | 12191 |
administrative registration or filing requirements governing the | 12192 |
specific type of business in which the partnership engages. | 12193 |
(D) The secretary of state shall register as a foreign | 12194 |
limited liability partnership, any foreign limited liability | 12195 |
partnership that submits a completed registration application with | 12196 |
the required fee. | 12197 |
(E) Registration as a foreign limited liability partnership | 12198 |
ceases if
| 12199 |
| 12200 |
the secretary of state, on a form prescribed by the secretary of | 12201 |
state, a written withdrawal notice signed by one or more partners | 12202 |
authorized by the partnership to execute a withdrawal notice. | 12203 |
| 12204 |
12205 |
Sec. 1782.04. (A) Each limited partnership shall maintain | 12206 |
continuously in this state an agent for service of process on the | 12207 |
limited partnership. The agent shall be a natural person who is a | 12208 |
resident of this state, a domestic corporation, or a foreign | 12209 |
corporation holding a license as such under the laws of this | 12210 |
state. | 12211 |
(B) The secretary of state shall not accept a certificate of | 12212 |
limited partnership for filing unless there is filed with the | 12213 |
certificate a written appointment of an agent that is signed by | 12214 |
the general partners of the limited partnership and a written | 12215 |
acceptance of the appointment that is signed by the agent, or | 12216 |
unless there is filed a written appointment of an agent that is | 12217 |
signed by any authorized officer of the limited partnership and a | 12218 |
written acceptance of the appointment that is either the original | 12219 |
acceptance signed by the agent or a photocopy, facsimile, or | 12220 |
similar reproduction of the original acceptance signed by the | 12221 |
agent. | 12222 |
In the discretion of the secretary of state, an original | 12223 |
appointment of statutory agent may be submitted on the same form | 12224 |
as the certificate of limited partnership but shall not be | 12225 |
considered a part of the certificate. | 12226 |
(C) The written appointment of an agent shall set forth the | 12227 |
name and address in this state of the agent, including the street | 12228 |
and number or other particular description, and shall otherwise be | 12229 |
in the form the secretary of state prescribes. The secretary of | 12230 |
state shall keep a record of the names of limited partnerships, | 12231 |
and the names and addresses of their respective agents. | 12232 |
(D) If any agent dies, removes from the state, or resigns, | 12233 |
the limited partnership shall forthwith appoint another agent and | 12234 |
file with the secretary of state, on a form prescribed by the | 12235 |
secretary of state, a written appointment of the new agent. | 12236 |
(E) If the agent changes the agent's address from that | 12237 |
appearing upon the record in the office of the secretary of state, | 12238 |
the limited partnership or the agent forthwith shall file with the | 12239 |
secretary of state, on a form prescribed by the secretary of | 12240 |
state, a written statement setting forth the new address. | 12241 |
(F) An agent may resign by filing with the secretary of | 12242 |
state, on a form prescribed by the secretary of state, a written | 12243 |
notice to that effect that is signed by the agent and by sending a | 12244 |
copy of the notice to the limited partnership at its current or | 12245 |
last known address or its principal office on or prior to the date | 12246 |
the notice is filed with the secretary of state. The notice shall | 12247 |
set forth the name of the limited partnership, the name and | 12248 |
current address of the agent, the current or last known address, | 12249 |
including the street and number or other particular description, | 12250 |
of the limited partnership's principal office, the resignation of | 12251 |
the agent, and a statement that a copy of the notice has been sent | 12252 |
to the limited partnership within the time and in the manner | 12253 |
prescribed by this division. Upon the expiration of thirty days | 12254 |
after the filing, the authority of the agent shall terminate. | 12255 |
(G) A limited partnership may revoke the appointment of an | 12256 |
agent by filing with the secretary of state, on a form prescribed | 12257 |
by the secretary of state, a written appointment of another agent | 12258 |
and a statement that the appointment of the former agent is | 12259 |
revoked. | 12260 |
(H) Except when an original appointment of an agent is | 12261 |
filed with the certificate of limited partnership, a written | 12262 |
appointment of an agent or a written statement filed by a limited | 12263 |
partnership with the secretary of state shall be signed by any | 12264 |
authorized officer of the limited partnership, or the general | 12265 |
partners of the limited partnership, or a majority of them. | 12266 |
Sec. 1782.08. (A) To form a limited partnership, a | 12267 |
certificate of limited partnership shall be executed and filed | 12268 |
with the secretary of state, as provided in section 1782.13 of the | 12269 |
Revised Code. The certificate shall be on a form prescribed by | 12270 |
the secretary of state and shall set forth all of the following: | 12271 |
(1) The name of the limited partnership; | 12272 |
(2) The address of the principal place of business of the | 12273 |
limited partnership
| 12274 |
12275 | |
12276 | |
12277 |
(3) The name and business or residence address of each | 12278 |
general partner; | 12279 |
(4) Any other matters that the general partners determine to | 12280 |
include in the certificate. | 12281 |
(B) A written appointment of a statutory agent for the | 12282 |
purpose set forth in section 1782.04 of the Revised Code shall be | 12283 |
filed with the certificate of limited partnership. | 12284 |
(C) A limited partnership is an entity formed at the time of | 12285 |
filing the certificate of limited partnership pursuant to section | 12286 |
1782.13 of the Revised Code or at any later time specified in the | 12287 |
certificate if, in either case, there has been substantial | 12288 |
compliance with the requirements of
| 12289 |
of this section. | 12290 |
Sec. 1782.09. (A) A certificate of limited partnership | 12291 |
shall be amended by filing a certificate of amendment with the | 12292 |
secretary of state. The certificate of amendment shall be on a | 12293 |
form prescribed by the secretary of state and shall state all of | 12294 |
the following: | 12295 |
(1) The name of the limited partnership and the file number | 12296 |
assigned to it by the secretary of state; | 12297 |
(2) The date of the first filing of the certificate of | 12298 |
limited partnership and, if different, the date of the first | 12299 |
filing by the partnership with the secretary of state pursuant to | 12300 |
section 1782.63 of the Revised Code; | 12301 |
(3) The amendment to the certificate of limited partnership. | 12302 |
(B) Within thirty days after the occurrence of any of the | 12303 |
following events, an amendment to a certificate of limited | 12304 |
partnership reflecting the occurrence of the event shall be filed | 12305 |
pursuant to division (A) of this section: | 12306 |
(1) A new general partner is admitted; | 12307 |
(2) A general partner withdraws; | 12308 |
(3) The business is continued pursuant to section 1782.44 of | 12309 |
the Revised Code after an event of withdrawal of a general | 12310 |
partner; | 12311 |
(4) The address of the principal place of business of the | 12312 |
limited partnership changes; | 12313 |
(5)
| 12314 |
| 12315 |
| 12316 |
(C) A general partner who becomes aware that any statement | 12317 |
in the certificate of limited partnership was materially false | 12318 |
when made or that any arrangements or other facts described have | 12319 |
changed, thereby making the certificate materially inaccurate, | 12320 |
promptly shall amend the certificate. | 12321 |
| 12322 |
12323 | |
12324 | |
12325 | |
12326 | |
12327 | |
12328 |
(D) A certificate of limited partnership may be amended at | 12329 |
any time for any other proper purpose the general partners | 12330 |
determine. | 12331 |
(E) A person is not liable because an amendment to a | 12332 |
certificate of limited partnership has not been filed to reflect | 12333 |
the occurrence of an event referred to in division (B) of this | 12334 |
section if the amendment is filed within the thirty-day period | 12335 |
specified in that division. | 12336 |
(F) A certificate of limited partnership may be restated at | 12337 |
any time by filing a restatement of the certificate of limited | 12338 |
partnership with the secretary of state. | 12339 |
Sec. 1782.433. (A) Upon the adoption by each constituent | 12340 |
entity of an agreement of merger or consolidation pursuant to | 12341 |
section 1782.431 or 1782.432 of the Revised Code, a certificate of | 12342 |
merger or consolidation shall be filed with the secretary of state | 12343 |
that is signed by an authorized representative of each constituent | 12344 |
entity. The certificate shall be on a form prescribed by the | 12345 |
secretary of state and shall set forth only the information | 12346 |
required by this section. | 12347 |
(B)(1) The certificate of merger or consolidation shall set | 12348 |
forth all of the following: | 12349 |
(a) The name and the form of entity of each constituent | 12350 |
entity and the state under the laws of which each constituent | 12351 |
entity exists; | 12352 |
(b) A statement that each constituent entity has complied | 12353 |
with all of the laws under which it exists and that the laws | 12354 |
permit the merger or consolidation; | 12355 |
(c) The name and mailing address of the person or entity | 12356 |
that is to provide, in response to any written request made by a | 12357 |
shareholder, partner, or other equity holder of a constituent | 12358 |
entity, a copy of the agreement of merger or consolidation; | 12359 |
(d) The effective date of the merger or consolidation, which | 12360 |
date may be on or after the date of the filing of the certificate; | 12361 |
(e) The signature of the representative or representatives | 12362 |
authorized to sign the certificate on behalf of each constituent | 12363 |
entity and the office held or the capacity in which the | 12364 |
representative is acting; | 12365 |
(f) A statement that the agreement of merger or | 12366 |
consolidation is authorized on behalf of each constituent entity | 12367 |
and that the persons who signed the certificate on behalf of each | 12368 |
entity are authorized to do so; | 12369 |
(g) In the case of a merger, a statement that one or more | 12370 |
specified constituent entities will be merged into a specified | 12371 |
surviving entity or, in the case of a consolidation, a statement | 12372 |
that the constituent entities will be consolidated into a new | 12373 |
entity; | 12374 |
(h) In the case of a merger, if the surviving entity is a | 12375 |
foreign entity not licensed to transact business in this state, | 12376 |
the name and address of the statutory agent upon whom any process, | 12377 |
notice, or demand may be served; | 12378 |
(i) In the case of a consolidation, the name and address of | 12379 |
the statutory agent upon whom any process, notice, or demand | 12380 |
against any constituent entity or the new entity may be served. | 12381 |
(2) In the case of a consolidation into a new domestic | 12382 |
corporation, limited liability company, or limited partnership, | 12383 |
the articles of incorporation, the articles of organization, or | 12384 |
the certificate of limited partnership of the new domestic entity | 12385 |
shall be filed with the certificate of merger or consolidation. | 12386 |
(3) In the case of a merger into a domestic corporation, | 12387 |
limited liability company, or limited partnership, any amendments | 12388 |
to the articles of incorporation, articles of organization, or | 12389 |
certificate of limited partnership of the surviving domestic | 12390 |
entity shall be filed with the certificate of merger or | 12391 |
consolidation. | 12392 |
(4) If the surviving or new entity is a foreign entity that | 12393 |
desires to transact business in this state as a foreign | 12394 |
corporation, limited liability company, or limited partnership, | 12395 |
the certificate of merger or consolidation shall be accompanied by | 12396 |
the information required by division (B)(7), (8), or (9) of | 12397 |
section 1782.432 of the Revised Code. | 12398 |
(5) If a foreign or domestic corporation licensed to | 12399 |
transact business in this state is a constituent entity and the | 12400 |
surviving or new entity resulting from the merger or consolidation | 12401 |
is not a foreign or domestic corporation that is to be licensed to | 12402 |
transact business in this state, the certificate of merger or | 12403 |
consolidation shall be accompanied by the affidavits, receipts, | 12404 |
certificates, or other evidence required by division (H) of | 12405 |
section 1701.86 of the Revised Code, with respect to each domestic | 12406 |
constituent corporation, and by the affidavits, receipts, | 12407 |
certificates, or other evidence required by division (C) or (D) of | 12408 |
section 1703.17 of the Revised Code, with respect to each foreign | 12409 |
constituent corporation licensed to transact business in this | 12410 |
state. | 12411 |
(C) If any constituent entity in a merger or consolidation | 12412 |
is organized or formed under the laws of a state other than this | 12413 |
state or under any chapter of the Revised Code other than this | 12414 |
chapter, there also shall be filed in the proper office all | 12415 |
documents that are required to be filed in connection with the | 12416 |
merger or consolidation by the laws of that state or by that | 12417 |
chapter. | 12418 |
(D) Upon the filing of a certificate of merger or | 12419 |
consolidation and other filings as described in division (C) of | 12420 |
this section or at any later date that the certificate of merger | 12421 |
or consolidation specifies, the merger or consolidation is | 12422 |
effective. | 12423 |
(E) The secretary of state shall furnish, upon request and | 12424 |
payment of
| 12425 |
section 111.16 of the Revised Code, the secretary of state's | 12426 |
certificate setting forth: the name and form of entity of each | 12427 |
constituent entity and the states under the laws of which each | 12428 |
constituent entity existed prior to the merger or consolidation; | 12429 |
the name and the form of entity of the surviving or new entity and | 12430 |
the state under the laws of which the surviving entity exists or | 12431 |
the new entity is to exist; the date of filing of the certificate | 12432 |
of merger or consolidation with the secretary of state; and the | 12433 |
effective date of the merger or consolidation. The certificate of | 12434 |
the secretary of state, or a copy of the certificate of merger or | 12435 |
consolidation certified by the secretary of state, may be filed | 12436 |
for record in the office of the recorder of any county in this | 12437 |
state and, if filed, shall be recorded in the records of deeds for | 12438 |
that county. For that recording, the county recorder shall charge | 12439 |
and collect the same fee as in the case of deeds. | 12440 |
Sec. 1785.06. A professional association, within thirty days | 12441 |
after the thirtieth day of June in each year, shall furnish a | 12442 |
statement to the secretary of state showing the names and | 12443 |
post-office addresses of all of the shareholders in the | 12444 |
association and certifying that all of the shareholders are duly | 12445 |
licensed, certificated, or otherwise legally authorized to render | 12446 |
within this state the same professional service for which the | 12447 |
association was organized or, in the case of a combination of | 12448 |
professional services described in division (B) of section 1785.01 | 12449 |
of the Revised Code, to render within this state any of the | 12450 |
applicable types of professional services for which the | 12451 |
association was organized. This statement shall be made on a form | 12452 |
that the secretary of state shall prescribe, shall be signed by an | 12453 |
officer of the association, and shall be filed in the office of | 12454 |
the secretary of state. | 12455 |
If any professional association fails to file the annual | 12456 |
statement within the time required by this section, the secretary | 12457 |
of state shall give notice of the failure by certified mail, | 12458 |
return receipt requested, to the last known address of the | 12459 |
association or its agent. If the annual statement is not filed | 12460 |
within thirty days after the mailing of the notice, the secretary | 12461 |
of state, upon the expiration of that period, shall cancel the | 12462 |
association's articles of incorporation, give notice of the | 12463 |
cancellation to the association by mail sent to the last known | 12464 |
address of the association or its agent, and make a notation of | 12465 |
the cancellation on the records of the secretary of state. | 12466 |
A professional association whose articles have been canceled | 12467 |
pursuant to this section may be reinstated by filing an | 12468 |
application for reinstatement and the required annual statement or | 12469 |
statements and
by paying
| 12470 |
division (Q) of
| 12471 |
The rights, privileges, and franchises of a professional | 12472 |
association whose articles have been reinstated are subject to | 12473 |
section 1701.922 of the Revised Code. The secretary of state | 12474 |
shall inform the tax commissioner of all cancellations and | 12475 |
reinstatements under this section. | 12476 |
Sec. 1901.26. (A) Subject to division (E) of this section, | 12477 |
costs in a municipal court shall be fixed and taxed as follows: | 12478 |
(1) The municipal court shall require an advance deposit for | 12479 |
the filing of any new civil action or proceeding when required by | 12480 |
division (A)(9) of this section, and in all other cases, by rule, | 12481 |
shall establish a schedule of fees and costs to be taxed in any | 12482 |
civil or criminal action or proceeding. | 12483 |
(2) The municipal court, by rule, may require an advance | 12484 |
deposit for the filing of any civil action or proceeding and | 12485 |
publication fees as provided in section 2701.09 of the Revised | 12486 |
Code. The court may waive the requirement for advance deposit | 12487 |
upon affidavit or other evidence that a party is unable to make | 12488 |
the required deposit. | 12489 |
(3) When a jury trial is demanded in any civil action or | 12490 |
proceeding, the party making the demand may be required to make an | 12491 |
advance deposit as fixed by rule of court, unless, upon affidavit | 12492 |
or other evidence, the court concludes that the party is unable to | 12493 |
make the required deposit. If a jury is called, the fees of a | 12494 |
jury shall be taxed as costs. | 12495 |
(4) In any civil or criminal action or proceeding, | 12496 |
witnesses' fees shall be fixed in accordance with sections 2335.06 | 12497 |
and 2335.08 of the Revised Code. | 12498 |
(5) A reasonable charge for driving, towing, carting, | 12499 |
storing, keeping, and preserving motor vehicles and other personal | 12500 |
property recovered or seized in any proceeding may be taxed as | 12501 |
part of the costs in a trial of the cause, in an amount that shall | 12502 |
be fixed by rule of court. | 12503 |
(6) Chattel property seized under any writ or process issued | 12504 |
by the court shall be preserved pending final disposition for the | 12505 |
benefit of all persons interested and may be placed in storage | 12506 |
when necessary or proper for that preservation. The custodian of | 12507 |
any chattel property so stored shall not be required to part with | 12508 |
the possession of the property until a reasonable charge, to be | 12509 |
fixed by the court, is paid. | 12510 |
(7) The municipal court, as it determines, may refund all | 12511 |
deposits and advance payments of fees and costs, including those | 12512 |
for jurors and summoning jurors, when they have been paid by the | 12513 |
losing party. | 12514 |
(8) Charges for the publication of legal notices required by | 12515 |
statute or order of court may be taxed as part of the costs, as | 12516 |
provided by section 7.13 of the Revised Code. | 12517 |
(B)(1) The municipal court may determine that, for the | 12518 |
efficient operation of the court, additional funds are necessary | 12519 |
to acquire and pay for special projects of the court including, | 12520 |
but not limited to, the acquisition of additional facilities or | 12521 |
the rehabilitation of existing facilities, the acquisition of | 12522 |
equipment, the hiring and training of staff, community service | 12523 |
programs, mediation or dispute resolution services, the employment | 12524 |
of magistrates, the training and education of judges, acting | 12525 |
judges, and magistrates, and other related services. Upon that | 12526 |
determination, the court by rule may charge a fee, in addition to | 12527 |
all other court costs, on the filing of each criminal cause, civil | 12528 |
action or proceeding, or judgment by confession. | 12529 |
If the municipal court offers a special program or service in | 12530 |
cases of a specific type, the municipal court by rule may assess | 12531 |
an additional charge in a case of that type, over and above court | 12532 |
costs, to cover the special program or service. The municipal | 12533 |
court shall adjust the special assessment periodically, but not | 12534 |
retroactively, so that the amount assessed in those cases does not | 12535 |
exceed the actual cost of providing the service or program. | 12536 |
All moneys collected under division (B) of this section shall | 12537 |
be paid to the county treasurer if the court is a county-operated | 12538 |
municipal court or to the city treasurer if the court is not a | 12539 |
county-operated municipal court for deposit into either a general | 12540 |
special projects fund or a fund established for a specific special | 12541 |
project. Moneys from a fund of that nature shall be disbursed | 12542 |
upon an order of the court in an amount no greater than the actual | 12543 |
cost to the court of a project. If a specific fund is terminated | 12544 |
because of the discontinuance of a program or service established | 12545 |
under division (B) of this section, the municipal court may order | 12546 |
that moneys remaining in the fund be transferred to an account | 12547 |
established under this division for a similar purpose. | 12548 |
(2) As used in division (B) of this section: | 12549 |
(a) "Criminal cause" means a charge alleging the violation of | 12550 |
a statute or ordinance, or subsection of a statute or ordinance, | 12551 |
that requires a separate finding of fact or a separate plea before | 12552 |
disposition and of which the defendant may be found guilty, | 12553 |
whether filed as part of a multiple charge on a single summons, | 12554 |
citation, or complaint or as a separate charge on a single | 12555 |
summons, citation, or complaint. "Criminal cause" does not include | 12556 |
separate violations of the same statute or ordinance, or | 12557 |
subsection of the same statute or ordinance, unless each charge is | 12558 |
filed on a separate summons, citation, or complaint. | 12559 |
(b) "Civil action or proceeding" means any civil litigation | 12560 |
that must be determined by judgment entry. | 12561 |
(C)
| 12562 |
12563 | |
12564 | |
12565 | |
12566 | |
12567 | |
collect in all its divisions except the small claims division the | 12568 |
sum of fifteen dollars as additional filing fees in each new civil | 12569 |
action or proceeding for the charitable public purpose of | 12570 |
providing financial assistance to legal aid societies that operate | 12571 |
within the state.
| 12572 |
12573 | |
the sum of seven dollars as additional filing fees in each new | 12574 |
civil action or proceeding for the charitable public purpose of | 12575 |
providing financial assistance to legal aid societies that operate | 12576 |
within the state. This division does not apply to any execution | 12577 |
on a judgment, proceeding in aid of execution, or other | 12578 |
post-judgment proceeding arising out of a civil action. The | 12579 |
filing fees required to be collected under this division shall be | 12580 |
in addition to any other court costs imposed in the action or | 12581 |
proceeding and shall be collected at the time of the filing of the | 12582 |
action or proceeding. The court shall not waive the payment of | 12583 |
the additional filing fees in a new civil action or proceeding | 12584 |
unless the court waives the advanced payment of all filing fees in | 12585 |
the action or proceeding. All such moneys shall be transmitted on | 12586 |
the first business day of each month by the clerk of the court to | 12587 |
the treasurer of state. The moneys then shall be deposited by the | 12588 |
treasurer of state to the credit of the legal aid fund established | 12589 |
under section 120.52 of the Revised Code. | 12590 |
The court may retain up to one per cent of the moneys it | 12591 |
collects under this division to cover administrative costs, | 12592 |
including the hiring of any additional personnel necessary to | 12593 |
implement this division. | 12594 |
(D) In the Cleveland municipal court, reasonable charges for | 12595 |
investigating titles of real estate to be sold or disposed of | 12596 |
under any writ or process of the court may be taxed as part of the | 12597 |
costs. | 12598 |
(E) Under the circumstances described in sections 2969.21 to | 12599 |
2969.27 of the Revised Code, the clerk of the municipal court | 12600 |
shall charge the fees and perform the other duties specified in | 12601 |
those sections. | 12602 |
Sec. 1907.24. (A) Subject to division (C) of this section, | 12603 |
a county court shall fix and tax fees and costs as follows: | 12604 |
(1) The county court shall require an advance deposit for | 12605 |
the filing of any new civil action or proceeding when required by | 12606 |
division (C) of this section and, in all other cases, shall | 12607 |
establish a schedule of fees and costs to be taxed in any civil or | 12608 |
criminal action or proceeding. | 12609 |
(2) The county court by rule may require an advance deposit | 12610 |
for the filing of a civil action or proceeding and publication | 12611 |
fees as provided in section 2701.09 of the Revised Code. The | 12612 |
court may waive an advance deposit requirement upon the | 12613 |
presentation of an affidavit or other evidence that establishes | 12614 |
that a party is unable to make the requisite deposit. | 12615 |
(3) When a party demands a jury trial in a civil action or | 12616 |
proceeding, the county court may require the party to make an | 12617 |
advance deposit as fixed by rule of court, unless the court | 12618 |
concludes, on the basis of an affidavit or other evidence | 12619 |
presented by the party, that the party is unable to make the | 12620 |
requisite deposit. If a jury is called, the county court shall | 12621 |
tax the fees of a jury as costs. | 12622 |
(4) In a civil or criminal action or proceeding, the county | 12623 |
court shall fix the fees of witnesses in accordance with sections | 12624 |
2335.06 and 2335.08 of the Revised Code. | 12625 |
(5) A county court may tax as part of the costs in a trial | 12626 |
of the cause, in an amount fixed by rule of court, a reasonable | 12627 |
charge for driving, towing, carting, storing, keeping, and | 12628 |
preserving motor vehicles and other personal property recovered or | 12629 |
seized in a proceeding. | 12630 |
(6) The court shall preserve chattel property seized under a | 12631 |
writ or process issued by the court pending final disposition for | 12632 |
the benefit of all interested persons. The court may place the | 12633 |
chattel property in storage when necessary or proper for its | 12634 |
preservation. The custodian of chattel property so stored shall | 12635 |
not be required to part with the possession of the property until | 12636 |
a reasonable charge, to be fixed by the court, is paid. | 12637 |
(7) The county court, as it determines, may refund all | 12638 |
deposits and advance payments of fees and costs, including those | 12639 |
for jurors and summoning jurors, when they have been paid by the | 12640 |
losing party. | 12641 |
(8) The court may tax as part of costs charges for the | 12642 |
publication of legal notices required by statute or order of | 12643 |
court, as provided by section 7.13 of the Revised Code. | 12644 |
(B)(1) The county court may determine that, for the | 12645 |
efficient operation of the court, additional funds are necessary | 12646 |
to acquire and pay for special projects of the court including, | 12647 |
but not limited to, the acquisition of additional facilities or | 12648 |
the rehabilitation of existing facilities, the acquisition of | 12649 |
equipment, the hiring and training of staff, community service | 12650 |
programs, mediation or dispute resolution services, the employment | 12651 |
of magistrates, the training and education of judges, acting | 12652 |
judges, and magistrates, and other related services. Upon that | 12653 |
determination, the court by rule may charge a fee, in addition to | 12654 |
all other court costs, on the filing of each criminal cause, civil | 12655 |
action or proceeding, or judgment by confession. | 12656 |
If the county court offers a special program or service in | 12657 |
cases of a specific type, the county court by rule may assess an | 12658 |
additional charge in a case of that type, over and above court | 12659 |
costs, to cover the special program or service. The county court | 12660 |
shall adjust the special assessment periodically, but not | 12661 |
retroactively, so that the amount assessed in those cases does not | 12662 |
exceed the actual cost of providing the service or program. | 12663 |
All moneys collected under division (B) of this section shall | 12664 |
be paid to the county treasurer for deposit into either a general | 12665 |
special projects fund or a fund established for a specific special | 12666 |
project. Moneys from a fund of that nature shall be disbursed | 12667 |
upon an order of the court in an amount no greater than the actual | 12668 |
cost to the court of a project. If a specific fund is terminated | 12669 |
because of the discontinuance of a program or service established | 12670 |
under division (B) of this section, the county court may order | 12671 |
that moneys remaining in the fund be transferred to an account | 12672 |
established under this division for a similar purpose. | 12673 |
(2) As used in division (B) of this section: | 12674 |
(a) "Criminal cause" means a charge alleging the violation of | 12675 |
a statute or ordinance, or subsection of a statute or ordinance, | 12676 |
that requires a separate finding of fact or a separate plea before | 12677 |
disposition and of which the defendant may be found guilty, | 12678 |
whether filed as part of a multiple charge on a single summons, | 12679 |
citation, or complaint or as a separate charge on a single | 12680 |
summons, citation, or complaint. "Criminal cause" does not include | 12681 |
separate violations of the same statute or ordinance, or | 12682 |
subsection of the same statute or ordinance, unless each charge is | 12683 |
filed on a separate summons, citation, or complaint. | 12684 |
(b) "Civil action or proceeding" means any civil litigation | 12685 |
that must be determined by judgment entry. | 12686 |
(C) Subject to division (E) of this section,
| 12687 |
12688 | |
12689 | |
12690 | |
12691 | |
12692 | |
12693 | |
the county court shall collect in all its divisions except the | 12694 |
small claims division the sum of fifteen dollars as additional | 12695 |
filing fees in each new civil action or proceeding for the | 12696 |
charitable public purpose of providing financial assistance to | 12697 |
legal aid societies that operate within the state. Subject to | 12698 |
division (E) of
this section | 12699 |
12700 | |
claims division the sum of seven dollars as additional filing fees | 12701 |
in each new civil action or proceeding for the charitable public | 12702 |
purpose of providing financial assistance to legal aid societies | 12703 |
that operate within the state. This division does not apply to | 12704 |
any execution on a judgment, proceeding in aid of execution, or | 12705 |
other post-judgment proceeding arising out of a civil action. The | 12706 |
filing fees required to be collected under this division shall be | 12707 |
in addition to any other court costs imposed in the action or | 12708 |
proceeding and shall be collected at the time of the filing of the | 12709 |
action or proceeding. The court shall not waive the payment of | 12710 |
the additional filing fees in a new civil action or proceeding | 12711 |
unless the court waives the advanced payment of all filing fees in | 12712 |
the action or proceeding. All such moneys collected during a | 12713 |
month shall be transmitted on or before the twentieth day of the | 12714 |
following month by the clerk of the court to the treasurer of | 12715 |
state. The moneys then shall be deposited by the treasurer of | 12716 |
state to the credit of the legal aid fund established under | 12717 |
section 120.52 of the Revised Code. | 12718 |
The court may retain up to one per cent of the moneys it | 12719 |
collects under this division to cover administrative costs, | 12720 |
including the hiring of any additional personnel necessary to | 12721 |
implement this division. | 12722 |
(D) The county court shall establish by rule a schedule of | 12723 |
fees for miscellaneous services performed by the county court or | 12724 |
any of its judges in accordance with law. If judges of the court | 12725 |
of common pleas perform similar services, the fees prescribed in | 12726 |
the schedule shall not exceed the fees for those services | 12727 |
prescribed by the court of common pleas. | 12728 |
(E) Under the circumstances described in sections 2969.21 to | 12729 |
2969.27 of the Revised Code, the clerk of the county court shall | 12730 |
charge the fees and perform the other duties specified in those | 12731 |
sections. | 12732 |
Sec. 2303.201. (A)(1) The court of common pleas of any | 12733 |
county may determine that for the efficient operation of the court | 12734 |
additional funds are required to computerize the court, to make | 12735 |
available computerized legal research services, or to do both. | 12736 |
Upon making a determination that additional funds are required for | 12737 |
either or both of those purposes, the court shall authorize and | 12738 |
direct the clerk of the court of common pleas to charge one | 12739 |
additional fee, not to exceed three dollars, on the filing of each | 12740 |
cause of action or appeal under divisions (A), (Q), and (U) of | 12741 |
section 2303.20 of the Revised Code. | 12742 |
(2) All fees collected under division (A)(1) of this section | 12743 |
shall be paid to the county treasurer. The treasurer shall place | 12744 |
the funds from the fees in a separate fund to be disbursed, upon | 12745 |
an order of the court, in an amount not greater than the actual | 12746 |
cost to the court of procuring and maintaining computerization of | 12747 |
the court, computerized legal research services, or both. | 12748 |
(3) If the court determines that the funds in the fund | 12749 |
described in division (A)(2) of this section are more than | 12750 |
sufficient to satisfy the purpose for which the additional fee | 12751 |
described in division (A)(1) of this section was imposed, the | 12752 |
court may declare a surplus in the fund and expend those surplus | 12753 |
funds for other appropriate technological expenses of the court. | 12754 |
(B)(1) The court of common pleas of any county may determine | 12755 |
that, for the efficient operation of the court, additional funds | 12756 |
are required to computerize the office of the clerk of the court | 12757 |
of common pleas and, upon that determination, authorize and direct | 12758 |
the clerk of the court of common pleas to charge an additional | 12759 |
fee, not to exceed ten dollars, on the filing of each cause of | 12760 |
action or appeal, on the filing, docketing, and endorsing of each | 12761 |
certificate of judgment, or on the docketing and indexing of each | 12762 |
aid in execution or petition to vacate, revive, or modify a | 12763 |
judgment under divisions (A), (P), (Q), (T), and (U) of section | 12764 |
2303.20 of the Revised Code. Subject to division (B)(2) of this | 12765 |
section, all moneys collected under division (B)(1) of this | 12766 |
section shall be paid to the county treasurer to be disbursed, | 12767 |
upon an order of the court of common pleas and subject to | 12768 |
appropriation by the board of county commissioners, in an amount | 12769 |
no greater than the actual cost to the court of procuring and | 12770 |
maintaining computer systems for the office of the clerk of the | 12771 |
court of common pleas. | 12772 |
(2) If the court of common pleas of a county makes the | 12773 |
determination described in division (B)(1) of this section, the | 12774 |
board of county commissioners of that county may issue one or more | 12775 |
general obligation bonds for the purpose of procuring and | 12776 |
maintaining the computer systems for the office of the clerk of | 12777 |
the court of common pleas. In addition to the purposes stated in | 12778 |
division (B)(1) of this section for which the moneys collected | 12779 |
under that division may be expended, the moneys additionally may | 12780 |
be expended to pay debt charges on and financing costs related to | 12781 |
any general obligation bonds issued pursuant to division (B)(2) of | 12782 |
this section as they become due. General obligation bonds issued | 12783 |
pursuant to division (B)(2) of this section are Chapter 133. | 12784 |
securities. | 12785 |
(C)
| 12786 |
12787 | |
12788 | |
12789 | |
12790 | |
12791 | |
The court of common pleas shall collect the sum of fifteen dollars | 12792 |
as additional filing fees in each new civil action or proceeding | 12793 |
for the charitable public purpose of providing financial | 12794 |
assistance to legal aid societies that operate within the state. | 12795 |
This division does not apply to proceedings concerning annulments, | 12796 |
dissolutions of marriage, divorces, legal separation, spousal | 12797 |
support, marital property or separate property distribution, | 12798 |
support, or other domestic relations matters; to a juvenile | 12799 |
division of a court of common pleas; to a probate division of a | 12800 |
court of common pleas, except that the additional filing fees | 12801 |
shall apply to name change, guardianship, and adoption | 12802 |
proceedings; or to an execution on a judgment, proceeding in aid | 12803 |
of execution, or other post-judgment proceeding arising out of a | 12804 |
civil action. The filing fees required to be collected under this | 12805 |
division shall be in addition to any other filing fees imposed in | 12806 |
the action or proceeding and shall be collected at the time of the | 12807 |
filing of the action or proceeding. The court shall not waive the | 12808 |
payment of the additional filing fees in a new civil action or | 12809 |
proceeding unless the court waives the advanced payment of all | 12810 |
filing fees in the action or proceeding. All such moneys | 12811 |
collected during a month shall be transmitted on or before the | 12812 |
twentieth day of the following month by the clerk of the court to | 12813 |
the treasurer of state. The moneys then shall be deposited by the | 12814 |
treasurer of state to the credit of the legal aid fund established | 12815 |
under section 120.52 of the Revised Code. | 12816 |
The court may retain up to one per cent of the moneys it | 12817 |
collects under this division to cover administrative costs, | 12818 |
including the hiring of any additional personnel necessary to | 12819 |
implement this division. | 12820 |
(D) On and after the thirtieth day after December 9, 1994, | 12821 |
the court of common pleas shall collect the sum of thirty-two | 12822 |
dollars as additional filing fees in each new action or proceeding | 12823 |
for annulment, divorce, or dissolution of marriage for the purpose | 12824 |
of funding shelters for victims of domestic violence pursuant to | 12825 |
sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 12826 |
required to be collected under this division shall be in addition | 12827 |
to any other filing fees imposed in the action or proceeding and | 12828 |
shall be collected at the time of the filing of the action or | 12829 |
proceeding. The court shall not waive the payment of the | 12830 |
additional filing fees in a new action or proceeding for | 12831 |
annulment, divorce, or dissolution of marriage unless the court | 12832 |
waives the advanced payment of all filing fees in the action or | 12833 |
proceeding. On or before the twentieth day of each month, all | 12834 |
moneys collected during the immediately preceding month pursuant | 12835 |
to this division shall be deposited by the clerk of the court into | 12836 |
the county treasury in the special fund used for deposit of | 12837 |
additional marriage license fees as described in section 3113.34 | 12838 |
of the Revised Code. Upon their deposit into the fund, the moneys | 12839 |
shall be retained in the fund and expended only as described in | 12840 |
section 3113.34 of the Revised Code. | 12841 |
(E)(1) The court of common pleas may determine that, for the | 12842 |
efficient operation of the court, additional funds are necessary | 12843 |
to acquire and pay for special projects of the court, including, | 12844 |
but not limited to, the acquisition of additional facilities or | 12845 |
the rehabilitation of existing facilities, the acquisition of | 12846 |
equipment, the hiring and training of staff, community service | 12847 |
programs, mediation or dispute resolution services, the employment | 12848 |
of magistrates, the training and education of judges, acting | 12849 |
judges, and magistrates, and other related services. Upon that | 12850 |
determination, the court by rule may charge a fee, in addition to | 12851 |
all other court costs, on the filing of each criminal cause, civil | 12852 |
action or proceeding, or judgment by confession. | 12853 |
If the court of common pleas offers a special program or | 12854 |
service in cases of a specific type, the court by rule may assess | 12855 |
an additional charge in a case of that type, over and above court | 12856 |
costs, to cover the special program or service. The court shall | 12857 |
adjust the special assessment periodically, but not retroactively, | 12858 |
so that the amount assessed in those cases does not exceed the | 12859 |
actual cost of providing the service or program. | 12860 |
All moneys collected under division (E) of this section shall | 12861 |
be paid to the county treasurer for deposit into either a general | 12862 |
special projects fund or a fund established for a specific special | 12863 |
project. Moneys from a fund of that nature shall be disbursed | 12864 |
upon an order of the court in an amount no greater than the actual | 12865 |
cost to the court of a project. If a specific fund is terminated | 12866 |
because of the discontinuance of a program or service established | 12867 |
under division (E) of this section, the court may order that | 12868 |
moneys remaining in the fund be transferred to an account | 12869 |
established under this division for a similar purpose. | 12870 |
(2) As used in division (E) of this section: | 12871 |
(a) "Criminal cause" means a charge alleging the violation of | 12872 |
a statute or ordinance, or subsection of a statute or ordinance, | 12873 |
that requires a separate finding of fact or a separate plea before | 12874 |
disposition and of which the defendant may be found guilty, | 12875 |
whether filed as part of a multiple charge on a single summons, | 12876 |
citation, or complaint or as a separate charge on a single | 12877 |
summons, citation, or complaint. "Criminal cause" does not include | 12878 |
separate violations of the same statute or ordinance, or | 12879 |
subsection of the same statute or ordinance, unless each charge is | 12880 |
filed on a separate summons, citation, or complaint. | 12881 |
(b) "Civil action or proceeding" means any civil litigation | 12882 |
that must be determined by judgment entry. | 12883 |
Sec. 2317.02. The following persons shall not testify in | 12884 |
certain respects: | 12885 |
(A) An attorney, concerning a communication made to the | 12886 |
attorney by a client in that relation or the attorney's advice to | 12887 |
a client, except that the attorney may testify by express consent | 12888 |
of the client or, if the client is deceased, by the express | 12889 |
consent of the surviving spouse or the executor or administrator | 12890 |
of the estate of the deceased client and except that, if the | 12891 |
client voluntarily testifies or is deemed by section 2151.421 of | 12892 |
the Revised Code to have waived any testimonial privilege under | 12893 |
this division, the attorney may be compelled to testify on the | 12894 |
same subject; | 12895 |
(B)(1) A physician or a dentist concerning a communication | 12896 |
made to the physician or dentist by a patient in that relation or | 12897 |
the physician's or dentist's advice to a patient, except as | 12898 |
otherwise provided in this division, division (B)(2), and division | 12899 |
(B)(3) of this section, and except that, if the patient is deemed | 12900 |
by section 2151.421 of the Revised Code to have waived any | 12901 |
testimonial privilege under this division, the physician may be | 12902 |
compelled to testify on the same subject. | 12903 |
The testimonial privilege established under this division | 12904 |
does not apply, and a physician or dentist may testify or may be | 12905 |
compelled to testify, in any of the following circumstances: | 12906 |
(a) In any civil action, in accordance with the discovery | 12907 |
provisions of the Rules of Civil Procedure in connection with a | 12908 |
civil action, or in connection with a claim under Chapter 4123. of | 12909 |
the Revised Code, under any of the following circumstances: | 12910 |
(i) If the patient or the guardian or other legal | 12911 |
representative of the patient gives express consent; | 12912 |
(ii) If the patient is deceased, the spouse of the patient | 12913 |
or the executor or administrator of the patient's estate gives | 12914 |
express consent; | 12915 |
(iii) If a medical claim, dental claim, chiropractic claim, | 12916 |
or optometric claim, as defined in section 2305.11 of the Revised | 12917 |
Code, an action for wrongful death, any other type of civil | 12918 |
action, or a claim under Chapter 4123. of the Revised Code is | 12919 |
filed by the patient, the personal representative of the estate of | 12920 |
the patient if deceased, or the patient's guardian or other legal | 12921 |
representative. | 12922 |
(b) In any civil action concerning court-ordered treatment | 12923 |
or services received by a patient, if the court-ordered treatment | 12924 |
or services were ordered as part of a case plan journalized under | 12925 |
section 2151.412 of the Revised Code or the court-ordered | 12926 |
treatment or services are necessary or relevant to dependency, | 12927 |
neglect, or abuse or temporary or permanent custody proceedings | 12928 |
under Chapter 2151. of the Revised Code. | 12929 |
(c) In any criminal action concerning any test or the | 12930 |
results of any test that determines the presence or concentration | 12931 |
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the | 12932 |
patient's blood, breath, urine, or other bodily substance at any | 12933 |
time relevant to the criminal offense in question. | 12934 |
(d) In any criminal action against a physician or dentist. | 12935 |
In such an action, the testimonial privilege established under | 12936 |
this division does not prohibit the admission into evidence, in | 12937 |
accordance with the Rules of Evidence, of a patient's medical or | 12938 |
dental records or other communications between a patient and the | 12939 |
physician or dentist that are related to the action and obtained | 12940 |
by subpoena, search warrant, or other lawful means. A court that | 12941 |
permits or compels a physician or dentist to testify in such an | 12942 |
action or permits the introduction into evidence of patient | 12943 |
records or other communications in such an action shall require | 12944 |
that appropriate measures be taken to ensure that the | 12945 |
confidentiality of any patient named or otherwise identified in | 12946 |
the records is maintained. Measures to ensure confidentiality | 12947 |
that may be taken by the court include sealing its records or | 12948 |
deleting specific information from its records. | 12949 |
(2)(a) If any law enforcement officer submits a written | 12950 |
statement to a health care provider that states that an official | 12951 |
criminal investigation has begun regarding a specified person or | 12952 |
that a criminal action or proceeding has been commenced against a | 12953 |
specified person, that requests the provider to supply to the | 12954 |
officer copies of any records the provider possesses that pertain | 12955 |
to any test or the results of any test administered to the | 12956 |
specified person to determine the presence or concentration of | 12957 |
alcohol, a drug of abuse, or alcohol and a drug of abuse in the | 12958 |
person's blood, breath, or urine at any time relevant to the | 12959 |
criminal offense in question, and that conforms to section | 12960 |
2317.022 of the Revised Code, the provider, except to the extent | 12961 |
specifically prohibited by any law of this state or of the United | 12962 |
States, shall supply to the officer a copy of any of the requested | 12963 |
records the provider possesses. If the health care provider does | 12964 |
not possess any of the requested records, the provider shall give | 12965 |
the officer a written statement that indicates that the provider | 12966 |
does not possess any of the requested records. | 12967 |
(b) If a health care provider possesses any records of the | 12968 |
type described in division (B)(2)(a) of this section regarding the | 12969 |
person in question at any time relevant to the criminal offense in | 12970 |
question, in lieu of personally testifying as to the results of | 12971 |
the test in question, the custodian of the records may submit a | 12972 |
certified copy of the records, and, upon its submission, the | 12973 |
certified copy is qualified as authentic evidence and may be | 12974 |
admitted as evidence in accordance with the Rules of Evidence. | 12975 |
Division (A) of section 2317.422 of the Revised Code does not | 12976 |
apply to any certified copy of records submitted in accordance | 12977 |
with this division. Nothing in this division shall be construed | 12978 |
to limit the right of any party to call as a witness the person | 12979 |
who administered the test to which the records pertain, the person | 12980 |
under whose supervision the test was administered, the custodian | 12981 |
of the records, the person who made the records, or the person | 12982 |
under whose supervision the records were made. | 12983 |
(3)(a) If the testimonial privilege described in division | 12984 |
(B)(1) of this section does not apply as provided in division | 12985 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 12986 |
compelled to testify or to submit to discovery under the Rules of | 12987 |
Civil Procedure only as to a communication made to the physician | 12988 |
or dentist by the patient in question in that relation, or the | 12989 |
physician's or dentist's advice to the patient in question, that | 12990 |
related causally or historically to physical or mental injuries | 12991 |
that are relevant to issues in the medical claim, dental claim, | 12992 |
chiropractic claim, or optometric claim, action for wrongful | 12993 |
death, other civil action, or claim under Chapter 4123. of the | 12994 |
Revised Code. | 12995 |
(b) If the testimonial privilege described in division | 12996 |
(B)(1) of this section does not apply to a physician or dentist as | 12997 |
provided in division (B)(1)(c) of this section, the physician or | 12998 |
dentist, in lieu of personally testifying as to the results of the | 12999 |
test in question, may submit a certified copy of those results, | 13000 |
and, upon its submission, the certified copy is qualified as | 13001 |
authentic evidence and may be admitted as evidence in accordance | 13002 |
with the Rules of Evidence. Division (A) of section 2317.422 of | 13003 |
the Revised Code does not apply to any certified copy of results | 13004 |
submitted in accordance with this division. Nothing in this | 13005 |
division shall be construed to limit the right of any party to | 13006 |
call as a witness the person who administered the test in | 13007 |
question, the person under whose supervision the test was | 13008 |
administered, the custodian of the results of the test, the person | 13009 |
who compiled the results, or the person under whose supervision | 13010 |
the results were compiled. | 13011 |
(4) The testimonial privilege described in division (B)(1) | 13012 |
of this section is not waived when a communication is made by a | 13013 |
physician to a pharmacist or when there is communication between a | 13014 |
patient and a pharmacist in furtherance of the physician-patient | 13015 |
relation. | 13016 |
(5)(a) As used in divisions (B)(1) to (4) of this section, | 13017 |
"communication" means acquiring, recording, or transmitting any | 13018 |
information, in any manner, concerning any facts, opinions, or | 13019 |
statements necessary to enable a physician or dentist to diagnose, | 13020 |
treat, prescribe, or act for a patient. A "communication" may | 13021 |
include, but is not limited to, any medical or dental, office, or | 13022 |
hospital communication such as a record, chart, letter, | 13023 |
memorandum, laboratory test and results, x-ray, photograph, | 13024 |
financial statement, diagnosis, or prognosis. | 13025 |
(b) As used in division (B)(2) of this section, "health care | 13026 |
provider"
| 13027 |
13028 | |
care facility, pharmacy, emergency facility, or health care | 13029 |
practitioner. | 13030 |
(c) As used in division (B)(5)(b) of this section: | 13031 |
(i) "Ambulatory care facility" means a facility that provides | 13032 |
medical, diagnostic, or surgical treatment to patients who do not | 13033 |
require hospitalization, including a dialysis center, ambulatory | 13034 |
surgical facility, cardiac catheterization facility, diagnostic | 13035 |
imaging center, extracorporeal shock wave lithotripsy center, home | 13036 |
health agency, inpatient hospice, birthing center, radiation | 13037 |
therapy center, emergency facility, and an urgent care center. | 13038 |
"Ambulatory health care facility" does not include the private | 13039 |
office of a physician or dentist, whether the office is for an | 13040 |
individual or group practice. | 13041 |
(ii) "Emergency facility" means a hospital emergency | 13042 |
department or any other facility that provides emergency medical | 13043 |
services. | 13044 |
(iii) "Health care practitioner" has the same meaning as in | 13045 |
section 4769.01 of the Revised Code. | 13046 |
(iv) "Hospital" has the same meaning as in section 3727.01 of | 13047 |
the Revised Code. | 13048 |
(v) "Long-term care facility" means a nursing home, | 13049 |
residential care facility, or home for the aging, as those terms | 13050 |
are defined in section 3721.01 of the Revised Code; an adult care | 13051 |
facility, as defined in section 3722.01 of the Revised Code; a | 13052 |
nursing facility or intermediate care facility for the mentally | 13053 |
retarded, as those terms are defined in section 5111.20 of the | 13054 |
Revised Code; a facility or portion of a facility certified as a | 13055 |
skilled nursing facility under Title XVIII of the "Social Security | 13056 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 13057 |
(vi) "Pharmacy" has the same meaning as in section 4729.01 of | 13058 |
the Revised Code. | 13059 |
(6) Divisions (B)(1), (2), (3), (4), and (5) of this section | 13060 |
apply to doctors of medicine, doctors of osteopathic medicine, | 13061 |
doctors of podiatry, and dentists. | 13062 |
(7) Nothing in divisions (B)(1) to (6) of this section | 13063 |
affects, or shall be construed as affecting, the immunity from | 13064 |
civil liability conferred by section 307.628 or 2305.33 of the | 13065 |
Revised Code upon physicians who report an employee's use of a | 13066 |
drug of abuse, or a condition of an employee other than one | 13067 |
involving the use of a drug of abuse, to the employer of the | 13068 |
employee in accordance with division (B) of that section. As used | 13069 |
in division (B)(7) of this section, "employee," "employer," and | 13070 |
"physician" have the same meanings as in section 2305.33 of the | 13071 |
Revised Code. | 13072 |
(C) A member of the clergy, rabbi, priest, or regularly | 13073 |
ordained, accredited, or licensed minister of an established and | 13074 |
legally cognizable church, denomination, or sect, when the member | 13075 |
of the clergy, rabbi, priest, or minister remains accountable to | 13076 |
the authority of that church, denomination, or sect, concerning a | 13077 |
confession made, or any information confidentially communicated, | 13078 |
to the member of the clergy, rabbi, priest, or minister for a | 13079 |
religious counseling purpose in the member of the clergy's, | 13080 |
rabbi's, priest's, or minister's professional character; however, | 13081 |
the member of the clergy, rabbi, priest, or minister may testify | 13082 |
by express consent of the person making the communication, except | 13083 |
when the disclosure of the information is in violation of a sacred | 13084 |
trust; | 13085 |
(D) Husband or wife, concerning any communication made by | 13086 |
one to the other, or an act done by either in the presence of the | 13087 |
other, during coverture, unless the communication was made, or act | 13088 |
done, in the known presence or hearing of a third person competent | 13089 |
to be a witness; and such rule is the same if the marital relation | 13090 |
has ceased to exist; | 13091 |
(E) A person who assigns a claim or interest, concerning any | 13092 |
matter in respect to which the person would not, if a party, be | 13093 |
permitted to testify; | 13094 |
(F) A person who, if a party, would be restricted under | 13095 |
section 2317.03 of the Revised Code, when the property or thing is | 13096 |
sold or transferred by an executor, administrator, guardian, | 13097 |
trustee, heir, devisee, or legatee, shall be restricted in the | 13098 |
same manner in any action or proceeding concerning the property or | 13099 |
thing. | 13100 |
(G)(1) A school guidance counselor who holds a valid | 13101 |
educator license from the state board of education as provided for | 13102 |
in section 3319.22 of the Revised Code, a person licensed under | 13103 |
Chapter 4757. of the Revised Code as a professional clinical | 13104 |
counselor, professional counselor, social worker, or independent | 13105 |
social worker, or registered under Chapter 4757. of the Revised | 13106 |
Code as a social work assistant concerning a confidential | 13107 |
communication received from a client in that relation or the | 13108 |
person's advice to a client unless any of the following applies: | 13109 |
(a) The communication or advice indicates clear and present | 13110 |
danger to the client or other persons. For the purposes of this | 13111 |
division, cases in which there are indications of present or past | 13112 |
child abuse or neglect of the client constitute a clear and | 13113 |
present danger. | 13114 |
(b) The client gives express consent to the testimony. | 13115 |
(c) If the client is deceased, the surviving spouse or the | 13116 |
executor or administrator of the estate of the deceased client | 13117 |
gives express consent. | 13118 |
(d) The client voluntarily testifies, in which case the | 13119 |
school guidance counselor or person licensed or registered under | 13120 |
Chapter 4757. of the Revised Code may be compelled to testify on | 13121 |
the same subject. | 13122 |
(e) The court in camera determines that the information | 13123 |
communicated by the client is not germane to the counselor-client | 13124 |
or social worker-client relationship. | 13125 |
(f) A court, in an action brought against a school, its | 13126 |
administration, or any of its personnel by the client, rules after | 13127 |
an in-camera inspection that the testimony of the school guidance | 13128 |
counselor is relevant to that action. | 13129 |
(g) The testimony is sought in a civil action and concerns | 13130 |
court-ordered treatment or services received by a patient as part | 13131 |
of a case plan journalized under section 2151.412 of the Revised | 13132 |
Code or the court-ordered treatment or services are necessary or | 13133 |
relevant to dependency, neglect, or abuse or temporary or | 13134 |
permanent custody proceedings under
| 13135 |
Revised Code. | 13136 |
(2) Nothing in division (G)(1) of this section shall relieve | 13137 |
a school guidance counselor or a person licensed or registered | 13138 |
under Chapter 4757. of the Revised Code from the requirement to | 13139 |
report information concerning child abuse or neglect under section | 13140 |
2151.421 of the Revised Code. | 13141 |
(H) A mediator acting under a mediation order issued under | 13142 |
division (A) of section 3109.052 of the Revised Code or otherwise | 13143 |
issued in any proceeding for divorce, dissolution, legal | 13144 |
separation, annulment, or the allocation of parental rights and | 13145 |
responsibilities for the care of children, in any action or | 13146 |
proceeding, other than a criminal, delinquency, child abuse, child | 13147 |
neglect, or dependent child action or proceeding, that is brought | 13148 |
by or against either parent who takes part in mediation in | 13149 |
accordance with the order and that pertains to the mediation | 13150 |
process, to any information discussed or presented in the | 13151 |
mediation process, to the allocation of parental rights and | 13152 |
responsibilities for the care of the parents' children, or to the | 13153 |
awarding of parenting time rights in relation to their children; | 13154 |
(I) A communications assistant, acting within the scope of | 13155 |
the communication assistant's authority, when providing | 13156 |
telecommunications relay service pursuant to section 4931.35 of | 13157 |
the Revised Code or Title II of the "Communications Act of 1934," | 13158 |
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication | 13159 |
made through a telecommunications relay service. Nothing in this | 13160 |
section shall limit the obligation of a communications assistant | 13161 |
to divulge information or testify when mandated by federal law or | 13162 |
regulation or pursuant to subpoena in a criminal proceeding. | 13163 |
Nothing in this section shall limit any immunity or privilege | 13164 |
granted under federal law or regulation. | 13165 |
(J)(1) A chiropractor in a civil proceeding concerning a | 13166 |
communication made to the chiropractor by a patient in that | 13167 |
relation or the chiropractor's advice to a patient, except as | 13168 |
otherwise provided in this division. The testimonial privilege | 13169 |
established under this division does not apply, and a chiropractor | 13170 |
may testify or may be compelled to testify, in any civil action, | 13171 |
in accordance with the discovery provisions of the Rules of Civil | 13172 |
Procedure in connection with a civil action, or in connection with | 13173 |
a claim under Chapter 4123. of the Revised Code, under any of the | 13174 |
following circumstances: | 13175 |
(a) If the patient or the guardian or other legal | 13176 |
representative of the patient gives express consent. | 13177 |
(b) If the patient is deceased, the spouse of the patient or | 13178 |
the executor or administrator of the patient's estate gives | 13179 |
express consent. | 13180 |
(c) If a medical claim, dental claim, chiropractic claim, or | 13181 |
optometric claim, as defined in section 2305.11 of the Revised | 13182 |
Code, an action for wrongful death, any other type of civil | 13183 |
action, or a claim under Chapter 4123. of the Revised Code is | 13184 |
filed by the patient, the personal representative of the estate of | 13185 |
the patient if deceased, or the patient's guardian or other legal | 13186 |
representative. | 13187 |
(2) If the testimonial privilege described in division | 13188 |
(J)(1) of this section does not apply as provided in division | 13189 |
(J)(1)(c) of this section, a chiropractor may be compelled to | 13190 |
testify or to submit to discovery under the Rules of Civil | 13191 |
Procedure only as to a communication made to the chiropractor by | 13192 |
the patient in question in that relation, or the chiropractor's | 13193 |
advice to the patient in question, that related causally or | 13194 |
historically to physical or mental injuries that are relevant to | 13195 |
issues in the medical claim, dental claim, chiropractic claim, or | 13196 |
optometric claim, action for wrongful death, other civil action, | 13197 |
or claim under Chapter 4123. of the Revised Code. | 13198 |
(3) The testimonial privilege established under this | 13199 |
division does not apply, and a chiropractor may testify or be | 13200 |
compelled to testify, in any criminal action or administrative | 13201 |
proceeding. | 13202 |
(4) As used in this division, "communication" means | 13203 |
acquiring, recording, or transmitting any information, in any | 13204 |
manner, concerning any facts, opinions, or statements necessary to | 13205 |
enable a chiropractor to diagnosis, treat, or act for a patient. A | 13206 |
communication may include, but is not limited to, any | 13207 |
chiropractic, office, or hospital communication such as a record, | 13208 |
chart, letter, memorandum, laboratory test and results, x-ray, | 13209 |
photograph, financial statement, diagnosis, or prognosis. | 13210 |
Sec. 2317.022. (A) As used in this section, "health care | 13211 |
provider" has the
same meaning as in section
| 13212 |
the Revised Code. | 13213 |
(B) If an official criminal investigation has begun | 13214 |
regarding a person or if a criminal action or proceeding is | 13215 |
commenced against a person, any law enforcement officer who wishes | 13216 |
to obtain from any health care provider a copy of any records the | 13217 |
provider possesses that pertain to any test or the result of any | 13218 |
test administered to the person to determine the presence or | 13219 |
concentration of alcohol, a drug of abuse, or alcohol and a drug | 13220 |
of abuse in the person's blood, breath, or urine at any time | 13221 |
relevant to the criminal offense in question shall submit to the | 13222 |
health care facility a written statement in the following form: | 13223 |
13224 |
To: .................... (insert name of the health care | 13225 |
provider in question). | 13226 |
I hereby state that an official criminal investigation has | 13227 |
begun regarding, or a criminal action or proceeding has been | 13228 |
commenced against, .................... (insert the name of the | 13229 |
person in question), and that I believe that one or more tests has | 13230 |
been administered to
| 13231 |
to determine the presence or concentration of alcohol, a drug of | 13232 |
abuse, or alcohol and a drug of abuse in
| 13233 |
breath, or urine at a time relevant to the criminal offense in | 13234 |
question. Therefore, I hereby request that, pursuant to division | 13235 |
(B)(2) of section 2317.02 of the Revised Code, this health care | 13236 |
provider supply me with copies of any records the provider | 13237 |
possesses that pertain to any test or the results of any test | 13238 |
administered to the person specified above to determine the | 13239 |
presence or concentration of alcohol, a drug of abuse, or alcohol | 13240 |
and a drug of abuse in
| 13241 |
at any time relevant to the criminal offense in question. | 13242 |
..................................... | 13243 |
(Name of officer) | 13244 |
..................................... | 13245 |
(Officer's title) | 13246 |
..................................... | 13247 |
(Officer's employing agency) | 13248 |
..................................... | 13249 |
(Officer's telephone number) | 13250 |
..................................... | 13251 |
..................................... | 13252 |
..................................... | 13253 |
(Agency's address) | 13254 |
..................................... | 13255 |
(Date written statement submitted)" | 13256 |
(C) A health care provider that receives a written statement | 13257 |
of the type described in division (B) of this section shall comply | 13258 |
with division (B)(2) of section 2317.02 of the Revised Code | 13259 |
relative to the written statement. | 13260 |
Sec. 2329.66. (A) Every person who is domiciled in this | 13261 |
state may hold property exempt from execution, garnishment, | 13262 |
attachment, or sale to satisfy a judgment or order, as follows: | 13263 |
(1)(a) In the case of a judgment or order regarding money | 13264 |
owed for health care services rendered or health care supplies | 13265 |
provided to the person or a dependent of the person, one parcel or | 13266 |
item of real or personal property that the person or a dependent | 13267 |
of the person uses as a residence. Division (A)(1)(a) of this | 13268 |
section does not preclude, affect, or invalidate the creation | 13269 |
under this chapter of a judgment lien upon the exempted property | 13270 |
but only delays the enforcement of the lien until the property is | 13271 |
sold or otherwise transferred by the owner or in accordance with | 13272 |
other applicable laws to a person or entity other than the | 13273 |
surviving spouse or surviving minor children of the judgment | 13274 |
debtor. Every person who is domiciled in this state may hold | 13275 |
exempt from a judgment lien created pursuant to division (A)(1)(a) | 13276 |
of this section the person's interest, not to exceed five thousand | 13277 |
dollars, in the exempted property. | 13278 |
(b) In the case of all other judgments and orders, the | 13279 |
person's interest, not to exceed five thousand dollars, in one | 13280 |
parcel or item of real or personal property that the person or a | 13281 |
dependent of the person uses as a residence. | 13282 |
(2) The person's interest, not to exceed one thousand | 13283 |
dollars, in one motor vehicle; | 13284 |
(3) The person's interest, not to exceed two hundred dollars | 13285 |
in any particular item, in wearing apparel, beds, and bedding, and | 13286 |
the person's interest, not to exceed three hundred dollars in each | 13287 |
item, in one cooking unit and one refrigerator or other food | 13288 |
preservation unit; | 13289 |
(4)(a) The person's interest, not to exceed four hundred | 13290 |
dollars, in cash on hand, money due and payable, money to become | 13291 |
due within ninety days, tax refunds, and money on deposit with a | 13292 |
bank, savings and loan association, credit union, public utility, | 13293 |
landlord, or other person. Division (A)(4)(a) of this section | 13294 |
applies only in bankruptcy proceedings. This exemption may | 13295 |
include the portion of personal earnings that is not exempt under | 13296 |
division (A)(13) of this section. | 13297 |
(b) Subject to division (A)(4)(d) of this section, the | 13298 |
person's interest, not to exceed two hundred dollars in any | 13299 |
particular item, in household furnishings, household goods, | 13300 |
appliances, books, animals, crops, musical instruments, firearms, | 13301 |
and hunting and fishing equipment, that are held primarily for the | 13302 |
personal, family, or household use of the person; | 13303 |
(c) Subject to division (A)(4)(d) of this section, the | 13304 |
person's interest in one or more items of jewelry, not to exceed | 13305 |
four hundred dollars in one item of jewelry and not to exceed two | 13306 |
hundred dollars in every other item of jewelry; | 13307 |
(d) Divisions (A)(4)(b) and (c) of this section do not | 13308 |
include items of personal property listed in division (A)(3) of | 13309 |
this section. | 13310 |
If the person does not claim an exemption under division | 13311 |
(A)(1) of this section, the total exemption claimed under division | 13312 |
(A)(4)(b) of this section shall be added to the total exemption | 13313 |
claimed under division (A)(4)(c) of this section, and the total | 13314 |
shall not exceed two thousand dollars. If the person claims an | 13315 |
exemption under division (A)(1) of this section, the total | 13316 |
exemption claimed under division (A)(4)(b) of this section shall | 13317 |
be added to the total exemption claimed under division (A)(4)(c) | 13318 |
of this section, and the total shall not exceed one thousand five | 13319 |
hundred dollars. | 13320 |
(5) The person's interest, not to exceed an aggregate of | 13321 |
seven hundred fifty dollars, in all implements, professional | 13322 |
books, or tools of the person's profession, trade, or business, | 13323 |
including agriculture; | 13324 |
(6)(a) The person's interest in a beneficiary fund set | 13325 |
apart, appropriated, or paid by a benevolent association or | 13326 |
society, as exempted by section 2329.63 of the Revised Code; | 13327 |
(b) The person's interest in contracts of life or endowment | 13328 |
insurance or annuities, as exempted by section 3911.10 of the | 13329 |
Revised Code; | 13330 |
(c) The person's interest in a policy of group insurance or | 13331 |
the proceeds of a policy of group insurance, as exempted by | 13332 |
section 3917.05 of the Revised Code; | 13333 |
(d) The person's interest in money, benefits, charity, | 13334 |
relief, or aid to be paid, provided, or rendered by a fraternal | 13335 |
benefit society, as exempted by section 3921.18 of the Revised | 13336 |
Code; | 13337 |
(e) The person's interest in the portion of benefits under | 13338 |
policies of sickness and accident insurance and in
| 13339 |
sum payments for dismemberment and other losses insured under | 13340 |
those policies, as exempted by section 3923.19 of the Revised | 13341 |
Code. | 13342 |
(7) The person's professionally prescribed or medically | 13343 |
necessary health aids; | 13344 |
(8) The person's interest in a burial lot, including, but | 13345 |
not limited to, exemptions under section 517.09 or 1721.07 of the | 13346 |
Revised Code; | 13347 |
(9) The person's interest in the following: | 13348 |
(a) Moneys paid or payable for living maintenance or rights, | 13349 |
as exempted by section 3304.19 of the Revised Code; | 13350 |
(b) Workers' compensation, as exempted by section 4123.67 of | 13351 |
the Revised Code; | 13352 |
(c) Unemployment compensation benefits, as exempted by | 13353 |
section 4141.32 of the Revised Code; | 13354 |
(d) Cash assistance payments under the Ohio works first | 13355 |
program, as exempted by section 5107.75 of the Revised Code; | 13356 |
(e) Benefits and services under the prevention, retention, | 13357 |
and contingency program, as exempted by section 5108.08 of the | 13358 |
Revised Code; | 13359 |
(f) Disability assistance payments, as exempted by section | 13360 |
5115.07 of the Revised Code. | 13361 |
(10)(a) Except in cases in which the person was convicted of | 13362 |
or pleaded guilty to a violation of section 2921.41 of the Revised | 13363 |
Code and in which an order for the withholding of restitution from | 13364 |
payments was issued under division (C)(2)(b) of that section or in | 13365 |
cases in which an order for withholding was issued under section | 13366 |
2907.15 of the Revised Code, and only to the extent provided in | 13367 |
the order, and except as provided in sections 3105.171, 3105.63, | 13368 |
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised | 13369 |
Code, the person's right to a pension, benefit, annuity, | 13370 |
retirement allowance, or accumulated contributions, the person's | 13371 |
right to a participant account in any deferred compensation | 13372 |
program offered by the Ohio public employees deferred compensation | 13373 |
board, a government unit, or a municipal corporation, or the | 13374 |
person's other accrued or accruing rights, as exempted by section | 13375 |
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 13376 |
the Revised Code, and the person's right to benefits from the Ohio | 13377 |
public safety officers death benefit fund; | 13378 |
(b) Except as provided in sections 3119.80, 3119.81, | 13379 |
3121.02, 3121.03, and 3123.06 of the Revised Code, the person's | 13380 |
right to receive a payment under any pension, annuity, or similar | 13381 |
plan or contract, not including a payment from a stock bonus or | 13382 |
profit-sharing plan or a payment included in division (A)(6)(b) or | 13383 |
(10)(a) of this section, on account of illness, disability, death, | 13384 |
age, or length of service, to the extent reasonably necessary for | 13385 |
the support of the person and any of the person's dependents, | 13386 |
except if all the following apply: | 13387 |
(i) The plan or contract was established by or under the | 13388 |
auspices of an insider that employed the person at the time the | 13389 |
person's rights under the plan or contract arose. | 13390 |
(ii) The payment is on account of age or length of service. | 13391 |
(iii) The plan or contract is not qualified under the | 13392 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 13393 |
amended. | 13394 |
(c) Except for any portion of the assets that were deposited | 13395 |
for the purpose of evading the payment of any debt and except as | 13396 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 13397 |
3123.06 of the Revised Code, the person's right in the assets held | 13398 |
in, or to receive any payment under, any individual retirement | 13399 |
account, individual retirement annuity, "Roth IRA," or education | 13400 |
individual retirement account that provides benefits by reason of | 13401 |
illness, disability, death, or age, to the extent that the assets, | 13402 |
payments, or benefits described in division (A)(10)(c) of this | 13403 |
section are attributable to any of the following: | 13404 |
(i) Contributions of the person that were less than or equal | 13405 |
to the applicable limits on deductible contributions to an | 13406 |
individual retirement account or individual retirement annuity in | 13407 |
the year that the contributions were made, whether or not the | 13408 |
person was eligible to deduct the contributions on the person's | 13409 |
federal tax return for the year in which the contributions were | 13410 |
made; | 13411 |
(ii) Contributions of the person that were less than or | 13412 |
equal to the applicable limits on contributions to a Roth IRA or | 13413 |
education individual retirement account in the year that the | 13414 |
contributions were made; | 13415 |
(iii) Contributions of the person that are within the | 13416 |
applicable limits on rollover contributions under subsections 219, | 13417 |
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 13418 |
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 13419 |
100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 13420 |
(d) Except for any portion of the assets that were deposited | 13421 |
for the purpose of evading the payment of any debt and except as | 13422 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 13423 |
3123.06 of the Revised Code, the person's right in the assets held | 13424 |
in, or to receive any payment under, any Keogh or "H.R. 10" plan | 13425 |
that provides benefits by reason of illness, disability, death, or | 13426 |
age, to the extent reasonably necessary for the support of the | 13427 |
person and any of the person's dependents. | 13428 |
(11) The person's right to receive spousal support, child | 13429 |
support, an allowance, or other maintenance to the extent | 13430 |
reasonably necessary for the support of the person and any of the | 13431 |
person's dependents; | 13432 |
(12) The person's right to receive, or moneys received | 13433 |
during the preceding twelve calendar months from, any of the | 13434 |
following: | 13435 |
(a) An award of reparations under sections 2743.51 to | 13436 |
2743.72 of the Revised Code, to the extent exempted by division | 13437 |
(D) of section 2743.66 of the Revised Code; | 13438 |
(b) A payment on account of the wrongful death of an | 13439 |
individual of whom the person was a dependent on the date of the | 13440 |
individual's death, to the extent reasonably necessary for the | 13441 |
support of the person and any of the person's dependents; | 13442 |
(c) Except in cases in which the person who receives the | 13443 |
payment is an inmate, as defined in section 2969.21 of the Revised | 13444 |
Code, and in which the payment resulted from a civil action or | 13445 |
appeal against a government entity or employee, as defined in | 13446 |
section 2969.21 of the Revised Code, a payment, not to exceed five | 13447 |
thousand dollars, on account of personal bodily injury, not | 13448 |
including pain and suffering or compensation for actual pecuniary | 13449 |
loss, of the person or an individual for whom the person is a | 13450 |
dependent; | 13451 |
(d) A payment in compensation for loss of future earnings of | 13452 |
the person or an individual of whom the person is or was a | 13453 |
dependent, to the extent reasonably necessary for the support of | 13454 |
the debtor and any of the debtor's dependents. | 13455 |
(13) Except as provided in sections 3119.80, 3119.81, | 13456 |
3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 13457 |
earnings of the person owed to the person for services in an | 13458 |
amount equal to the greater of the following amounts: | 13459 |
(a) If paid weekly, thirty times the current federal minimum | 13460 |
hourly wage; if paid biweekly, sixty times the current federal | 13461 |
minimum hourly wage; if paid semimonthly, sixty-five times the | 13462 |
current federal minimum hourly wage; or if paid monthly, one | 13463 |
hundred thirty times the current federal minimum hourly wage that | 13464 |
is in effect at the time the earnings are payable, as prescribed | 13465 |
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 13466 |
U.S.C. 206(a)(1), as amended; | 13467 |
(b) Seventy-five per cent of the disposable earnings owed to | 13468 |
the person. | 13469 |
(14) The person's right in specific partnership property, as | 13470 |
exempted by division (B)(3) of section 1775.24 of the Revised | 13471 |
Code; | 13472 |
(15) A seal and official register of a notary public, as | 13473 |
exempted by section 147.04 of the Revised Code; | 13474 |
(16) The person's interest in a tuition credit or a payment | 13475 |
under section 3334.09 of the Revised Code pursuant to a tuition | 13476 |
credit contract, as exempted by section 3334.15 of the Revised | 13477 |
Code; | 13478 |
(17) Any other property that is specifically exempted from | 13479 |
execution, attachment, garnishment, or sale by federal statutes | 13480 |
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 13481 |
U.S.C.A. 101, as amended; | 13482 |
(18) The person's interest, not to exceed four hundred | 13483 |
dollars, in any property, except that division (A)(18) of this | 13484 |
section applies only in bankruptcy proceedings. | 13485 |
(B) As used in this section: | 13486 |
(1) "Disposable earnings" means net earnings after the | 13487 |
garnishee has made deductions required by law, excluding the | 13488 |
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 13489 |
3121.03, or 3123.06 of the Revised Code. | 13490 |
(2) "Insider" means: | 13491 |
(a) If the person who claims an exemption is an individual, | 13492 |
a relative of the individual, a relative of a general partner of | 13493 |
the individual, a partnership in which the individual is a general | 13494 |
partner, a general partner of the individual, or a corporation of | 13495 |
which the individual is a director, officer, or in control; | 13496 |
(b) If the person who claims an exemption is a corporation, | 13497 |
a director or officer of the corporation; a person in control of | 13498 |
the corporation; a partnership in which the corporation is a | 13499 |
general partner; a general partner of the corporation; or a | 13500 |
relative of a general partner, director, officer, or person in | 13501 |
control of the corporation; | 13502 |
(c) If the person who claims an exemption is a partnership, | 13503 |
a general partner in the partnership; a general partner of the | 13504 |
partnership; a person in control of the partnership; a partnership | 13505 |
in which the partnership is a general partner; or a relative in, a | 13506 |
general partner of, or a person in control of the partnership; | 13507 |
(d) An entity or person to which or whom any of the | 13508 |
following applies: | 13509 |
(i) The entity directly or indirectly owns, controls, or | 13510 |
holds with power to vote, twenty per cent or more of the | 13511 |
outstanding voting securities of the person who claims an | 13512 |
exemption, unless the entity holds the securities in a fiduciary | 13513 |
or agency capacity without sole discretionary power to vote the | 13514 |
securities or holds the securities solely to secure to debt and | 13515 |
the entity has not in fact exercised the power to vote. | 13516 |
(ii) The entity is a corporation, twenty per cent or more of | 13517 |
whose outstanding voting securities are directly or indirectly | 13518 |
owned, controlled, or held with power to vote, by the person who | 13519 |
claims an exemption or by an entity to which division (B)(2)(d)(i) | 13520 |
of this section applies. | 13521 |
(iii) A person whose business is operated under a lease or | 13522 |
operating agreement by the person who claims an exemption, or a | 13523 |
person substantially all of whose business is operated under an | 13524 |
operating agreement with the person who claims an exemption. | 13525 |
(iv) The entity operates the business or all or | 13526 |
substantially all of the property of the person who claims an | 13527 |
exemption under a lease or operating agreement. | 13528 |
(e) An insider, as otherwise defined in this section, of a | 13529 |
person or entity to which division (B)(2)(d)(i), (ii), (iii), or | 13530 |
(iv) of this section applies, as if the person or entity were a | 13531 |
person who claims an exemption; | 13532 |
(f) A managing agent of the person who claims an exemption. | 13533 |
(3) "Participant account" has the same meaning as in section | 13534 |
148.01 of the Revised Code. | 13535 |
(4) "Government unit" has the same meaning as in section | 13536 |
148.06 of the Revised Code. | 13537 |
(C) For purposes of this section, "interest" shall be | 13538 |
determined as follows: | 13539 |
(1) In bankruptcy proceedings, as of the date a petition is | 13540 |
filed with the bankruptcy court commencing a case under Title 11 | 13541 |
of the United States Code; | 13542 |
(2) In all cases other than bankruptcy proceedings, as of | 13543 |
the date of an appraisal, if necessary under section 2329.68 of | 13544 |
the Revised Code, or the issuance of a writ of execution. | 13545 |
An interest, as determined under division (C)(1) or (2) of | 13546 |
this section, shall not include the amount of any lien otherwise | 13547 |
valid pursuant to section 2329.661 of the Revised Code. | 13548 |
Sec. 2715.041. (A) Upon the filing of a motion for an order | 13549 |
of attachment pursuant to section 2715.03 of the Revised Code, the | 13550 |
plaintiff shall file with the clerk of the court a praecipe | 13551 |
instructing the clerk to issue to the defendant against whom the | 13552 |
motion was filed a notice of the proceeding. Upon receipt of the | 13553 |
praecipe, the clerk shall issue the notice which shall be in | 13554 |
substantially the following form: | 13555 |
"(Name and Address of Court) | 13556 | ||
Case No................... | 13557 |
(Case Caption) | 13558 |
13559 |
You are hereby notified that (name and address of plaintiff), | 13560 |
the plaintiff in this proceeding, has applied to this court for | 13561 |
the attachment of property in your possession. The basis for this | 13562 |
application is indicated in the documents that are enclosed with | 13563 |
this notice. | 13564 |
The law of Ohio and the United States provides that certain | 13565 |
benefit payments cannot be taken from you to pay a debt. Typical | 13566 |
among the benefits that cannot be attached or executed on by a | 13567 |
creditor are: | 13568 |
(1) Workers' compensation benefits; | 13569 |
(2) Unemployment compensation payments; | 13570 |
(3) Cash assistance payments under the Ohio works first | 13571 |
program; | 13572 |
(4) Benefits and services under the prevention, retention, | 13573 |
and contingency program; | 13574 |
(5) Disability assistance administered by the Ohio department | 13575 |
of job and family services; | 13576 |
| 13577 |
| 13578 |
| 13579 |
| 13580 |
| 13581 |
Additionally, your wages never can be taken to pay a debt | 13582 |
until a judgment has been obtained against you. There may be | 13583 |
other benefits not included in this list that apply in your case. | 13584 |
If you dispute the plaintiff's claim and believe that you are | 13585 |
entitled to retain possession of the property because it is exempt | 13586 |
or for any other reason, you may request a hearing before this | 13587 |
court by disputing the claim in the request for hearing form | 13588 |
appearing below, or in a substantially similar form, and | 13589 |
delivering the request for the hearing to this court, at the | 13590 |
office of the clerk of this court, not later than the end of the | 13591 |
fifth business day after you receive this notice. You may state | 13592 |
your reasons for disputing the claim in the space provided on the | 13593 |
form, but you are not required to do so. If you do state your | 13594 |
reasons for disputing the claim in the space provided on the form, | 13595 |
you are not prohibited from stating any other reasons at the | 13596 |
hearing, and if you do not state your reasons, it will not be held | 13597 |
against you by the court and you can state your reasons at the | 13598 |
hearing. | 13599 |
If you request a hearing, it will be conducted in | 13600 |
................... courtroom ........, (address of court), at | 13601 |
.............m. on ............., ..... | 13602 |
You may avoid having a hearing but retain possession of the | 13603 |
property until the entry of final judgment in the action by filing | 13604 |
with the court, at the office of the clerk of this court, not | 13605 |
later than the end of the fifth business day after you receive | 13606 |
this notice, a bond executed by an acceptable surety in the amount | 13607 |
of $............ | 13608 |
If you do not request a hearing or file a bond on or before | 13609 |
the end of the fifth business day after you receive this notice, | 13610 |
the court, without further notice to you, may order a law | 13611 |
enforcement officer or bailiff to take possession of the property. | 13612 |
Notice of the dates, times, places, and purposes of any subsequent | 13613 |
hearings and of the date, time, and place of the trial of the | 13614 |
action will be sent to you. | 13615 |
.................................. | 13616 | ||
Clerk of Court | 13617 | ||
Date: ..........................." | 13618 |
(B) Along with the notice required by division (A) of this | 13619 |
section, the clerk of the court also shall deliver to the | 13620 |
defendant, in accordance with division (C) of this section, a | 13621 |
request for hearing form together with a postage-paid, | 13622 |
self-addressed envelope or a request for hearing form on a | 13623 |
postage-paid, self-addressed postcard. The request for hearing | 13624 |
shall be in substantially the following form: | 13625 |
13626 |
Case Number .................... | Date ....................... | 13627 |
13628 |
I dispute the claim for the attachment of property in the | 13629 |
above case and request that a hearing in this matter be held at | 13630 |
the time and place set forth in the notice that I previously | 13631 |
received. | 13632 |
I dispute the claim for the following reasons: | 13633 |
................................................................ | 13634 |
(Optional) | 13635 |
................................................................ | 13636 |
................................................................ | 13637 |
............................. | 13638 | ||
(Name of Defendant) | 13639 | ||
............................ | 13640 | ||
(Signature) | 13641 | ||
............................ | 13642 | ||
(Date) | 13643 |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A | 13644 |
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK | 13645 |
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, | 13646 |
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE | 13647 |
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." | 13648 |
(C) The notice required by division (A) of this section | 13649 |
shall be served on the defendant in duplicate not less than seven | 13650 |
business days prior to the date on which the hearing is scheduled, | 13651 |
together with a copy of the complaint and summons, if not | 13652 |
previously served, and a copy of the motion for the attachment of | 13653 |
property and the affidavit attached to the motion, in the same | 13654 |
manner as provided in the Rules of Civil Procedure for the service | 13655 |
of process. Service may be effected by publication as provided in | 13656 |
the Rules of Civil Procedure except that the number of weeks for | 13657 |
publication may be reduced by the court to the extent appropriate. | 13658 |
Sec. 2715.045. (A) Upon the filing of a motion for | 13659 |
attachment, a court may issue an order of attachment without | 13660 |
issuing notice to the defendant against whom the motion was filed | 13661 |
and without conducting a hearing if the court finds that there is | 13662 |
probable cause to support the motion and that the plaintiff that | 13663 |
filed the motion for attachment will suffer irreparable injury if | 13664 |
the order is delayed until the defendant against whom the motion | 13665 |
has been filed has been given the opportunity for a hearing. The | 13666 |
court's findings shall be based upon the motion and affidavit | 13667 |
filed pursuant to section 2715.03 of the Revised Code and any | 13668 |
other relevant evidence that it may wish to consider. | 13669 |
(B) A finding by the court that the plaintiff will suffer | 13670 |
irreparable injury may be made only if the court finds the | 13671 |
existence of either of the following circumstances: | 13672 |
(1) There is present danger that the property will be | 13673 |
immediately disposed of, concealed, or placed beyond the | 13674 |
jurisdiction of the court. | 13675 |
(2) The value of the property will be impaired substantially | 13676 |
if the issuance of an order of attachment is delayed. | 13677 |
(C)(1) Upon the issuance by a court of an order of | 13678 |
attachment without notice and hearing pursuant to this section, | 13679 |
the plaintiff shall file the order with the clerk of the court, | 13680 |
together with a praecipe instructing the clerk to issue to the | 13681 |
defendant against whom the order was issued a copy of the motion, | 13682 |
affidavit, and order of attachment, and a notice that an order of | 13683 |
attachment was issued and that the defendant has a right to a | 13684 |
hearing on the matter. The clerk then immediately shall serve | 13685 |
upon the defendant, in the manner provided by the Rules of Civil | 13686 |
Procedure for service of process, a copy of the complaint and | 13687 |
summons, if not previously served, a copy of the motion, | 13688 |
affidavit, and order of attachment, and the following notice: | 13689 |
13690 |
(Case Caption) | Case No. ........................ | 13691 |
13692 |
You are hereby notified that this court has issued an order | 13693 |
in the above case in favor of (name and address of plaintiff), the | 13694 |
plaintiff in this proceeding, directing that property now in your | 13695 |
possession, be taken from you. This order was issued on the basis | 13696 |
of the plaintiff's claim against you as indicated in the documents | 13697 |
that are enclosed with this notice. | 13698 |
The law of Ohio and the United States provides that certain | 13699 |
benefit payments cannot be taken from you to pay a debt. Typical | 13700 |
among the benefits that cannot be attached or executed on by a | 13701 |
creditor are: | 13702 |
(1) Workers' compensation benefits; | 13703 |
(2) Unemployment compensation payments; | 13704 |
(3) Cash assistance payments under the Ohio works first | 13705 |
program; | 13706 |
(4) Benefits and services under the prevention, retention, | 13707 |
and contingency program; | 13708 |
(5) Disability assistance administered by the Ohio | 13709 |
department of job and family services; | 13710 |
| 13711 |
| 13712 |
| 13713 |
| 13714 |
| 13715 |
Additionally, your wages never can be taken to pay a debt | 13716 |
until a judgment has been obtained against you. There may be | 13717 |
other benefits not included in this list that apply in your case. | 13718 |
If you dispute the plaintiff's claim and believe that you are | 13719 |
entitled to possession of the property because it is exempt or for | 13720 |
any other reason, you may request a hearing before this court by | 13721 |
disputing the claim in the request for hearing form, appearing | 13722 |
below, or in a substantially similar form, and delivering the | 13723 |
request for hearing to this court at the above address, at the | 13724 |
office of the clerk of this court, no later than the end of the | 13725 |
fifth business day after you receive this notice. You may state | 13726 |
your reasons for disputing the claim in the space provided on the | 13727 |
form; however, you are not required to do so. If you do state | 13728 |
your reasons for disputing the claim, you are not prohibited from | 13729 |
stating any other reasons at the hearing, and if you do not state | 13730 |
your reasons, it will not be held against you by the court and you | 13731 |
can state your reasons at the hearing. If you request a hearing, | 13732 |
it will be held within three business days after delivery of your | 13733 |
request for hearing and notice of the date, time, and place of the | 13734 |
hearing will be sent to you. | 13735 |
You may avoid a hearing but recover and retain possession of | 13736 |
the property until the entry of final judgment in the action by | 13737 |
filing with the court, at the office of the clerk of this court, | 13738 |
not later than the end of the fifth business day after you receive | 13739 |
this notice, a bond executed by an acceptable surety in the amount | 13740 |
of $......... | 13741 |
If you do not request a hearing or file a bond before the end | 13742 |
of the fifth business day after you receive this notice, | 13743 |
possession of the property will be withheld from you during the | 13744 |
pendency of the action. Notice of the dates, times, places, and | 13745 |
purposes of any subsequent hearings and of the date, time, and | 13746 |
place of the trial of the action will be sent to you. | 13747 |
.............................. | 13748 | ||
Clerk of the Court | 13749 | ||
.............................. | 13750 | ||
Date" | 13751 |
(2) Along with the notice required by division (C)(1) of | 13752 |
this section, the clerk of the court also shall deliver to the | 13753 |
defendant a request for hearing form together with a postage-paid, | 13754 |
self-addressed envelope or a request for hearing form on a | 13755 |
postage-paid, self-addressed postcard. The request for hearing | 13756 |
shall be in substantially the following form: | 13757 |
13758 |
Case Number ..................... | Date ........................ | 13759 |
13760 |
I dispute the claim for possession of property in the above | 13761 |
case and request that a hearing in this matter be held within | 13762 |
three business days after delivery of this request to the court. | 13763 |
I dispute the claim for the following reasons: | 13764 |
.................................................................. | 13765 |
(Optional) | 13766 |
.................................................................. | 13767 |
.................................................................. | 13768 |
.............................. | 13769 | ||
(Name of Defendant) | 13770 | ||
.............................. | 13771 | ||
(Signature) | 13772 | ||
.............................. | 13773 | ||
(Date) | 13774 |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A | 13775 |
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK | 13776 |
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, | 13777 |
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY | 13778 |
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION." | 13779 |
(D) The defendant may receive a hearing in accordance with | 13780 |
section 2715.043 of the Revised Code by delivering a written | 13781 |
request for hearing to the court within five business days after | 13782 |
receipt of the notice provided pursuant to division (C) of this | 13783 |
section. The request may set forth the defendant's reasons for | 13784 |
disputing the plaintiff's claim for possession of property. | 13785 |
However, neither the defendant's inclusion of nor failure to | 13786 |
include such reasons upon the request constitutes a waiver of any | 13787 |
defense of the defendant or affects the defendant's right to | 13788 |
produce evidence at any hearing or at the trial of the action. If | 13789 |
the request is made by the defendant, the court shall schedule a | 13790 |
hearing within three business days after the request is made, send | 13791 |
notice to the parties of the date, time, and place of the hearing, | 13792 |
and hold the hearing accordingly. | 13793 |
(E) If, after hearing, the court finds that there is not | 13794 |
probable cause to support the motion, it shall order that the | 13795 |
property be redelivered to the defendant without the condition of | 13796 |
bond. | 13797 |
Sec. 2716.13. (A) Upon the filing of a proceeding in | 13798 |
garnishment of property, other than personal earnings, under | 13799 |
section 2716.11 of the Revised Code, the court shall cause the | 13800 |
matter to be set for hearing within twelve days after that filing. | 13801 |
(B) Upon the scheduling of a hearing relative to a | 13802 |
proceeding in garnishment of property, other than personal | 13803 |
earnings, under division (A) of this section, the clerk of the | 13804 |
court immediately shall issue to the garnishee three copies of the | 13805 |
order of garnishment of property, other than personal earnings, | 13806 |
and of a written notice that the garnishee answer as provided in | 13807 |
section 2716.21 of the Revised Code and the garnishee's fee | 13808 |
required by section 2716.12 of the Revised Code. The copies of | 13809 |
the order and of the notice shall be served upon the garnishee in | 13810 |
the same manner as a summons is served. The copies of the order | 13811 |
and of the notice shall not be served later than seven days prior | 13812 |
to the date on which the hearing is scheduled. The order shall | 13813 |
bind the property, other than personal earnings, of the judgment | 13814 |
debtor in the possession of the garnishee at the time of service. | 13815 |
The order of garnishment of property, other than personal | 13816 |
earnings, and notice to answer shall be in substantially the | 13817 |
following form: | 13818 |
13819 |
13820 |
13821 |
Docket No. ................... | 13822 | ||
Case No. ..................... | 13823 | ||
In the ................. Court | 13824 | ||
........................, Ohio | 13825 |
The State of Ohio | 13826 |
County of ............, ss | 13827 |
..................., Judgment Creditor | 13828 |
vs. | 13829 |
..................., Judgment Debtor | 13830 |
13831 |
13832 |
The judgment creditor in the above case has filed an | 13833 |
affidavit, satisfactory to the undersigned, in this Court stating | 13834 |
that you have money, property, or credits, other than personal | 13835 |
earnings, in your hands or under your control that belong to the | 13836 |
judgment debtor, and that some of the money, property, or credits | 13837 |
may not be exempt from garnishment under the laws of the State of | 13838 |
Ohio or the laws of the United States. | 13839 |
You are therefore ordered to complete the "ANSWER OF | 13840 |
GARNISHEE" in section (B) of this form. Return one completed and | 13841 |
signed copy of this form to the clerk of this court together with | 13842 |
the amount determined in accordance with the "ANSWER OF GARNISHEE" | 13843 |
by the following date on which a hearing is tentatively scheduled | 13844 |
relative to this order of garnishment: ............ Deliver one | 13845 |
completed and signed copy of this form to the judgment debtor | 13846 |
prior to that date. Keep the other completed and signed copy of | 13847 |
this form for your files. | 13848 |
The total probable amount now due on this judgment is | 13849 |
$.......... The total probable amount now due includes the unpaid | 13850 |
portion of the judgment in favor of the judgment creditor, which | 13851 |
is $..........; interest on that judgment and, if applicable, | 13852 |
prejudgment interest relative to that judgment at the rate of | 13853 |
.....% per annum payable until that judgment is satisfied in full; | 13854 |
and court costs in the amount of $........... | 13855 |
You also are ordered to hold safely anything of value that | 13856 |
belongs to the judgment debtor and that has to be paid to the | 13857 |
court, as determined under the "ANSWER OF GARNISHEE" in section | 13858 |
(B) of this form, but that is of such a nature that it cannot be | 13859 |
so delivered, until further order of the court. | 13860 |
Witness my hand and the seal of this court this .......... | 13861 |
day of .........., .......... | 13862 |
......................... | 13863 | ||
Judge | 13864 |
13865 |
Now comes .................... the garnishee, who says: | 13866 |
1. That the garnishee has money, property, or credits, other | 13867 |
than personal earnings, of the judgment debtor under the | 13868 |
garnishee's control and in the garnishee's possession. | 13869 |
............... | ............... | ................... | 13870 | |
yes | no | if yes, amount | 13871 |
2. That property is described as: | 13872 |
3. If the answer to line 1 is "yes" and the amount is less | 13873 |
than the probable amount now due on the judgment, as indicated in | 13874 |
section (A) of this form, sign and return this form and pay the | 13875 |
amount of line 1 to the clerk of this court. | 13876 |
4. If the answer to line 1 is "yes" and the amount is | 13877 |
greater than that probable amount now due on the judgment, as | 13878 |
indicated in section (A) of this form, sign and return this form | 13879 |
and pay that probable amount now due to the clerk of this court. | 13880 |
5. If the answer to line 1 is "yes" but the money, property, | 13881 |
or credits are of such a nature that they cannot be delivered to | 13882 |
the clerk of the court, indicate that by placing an "X" in this | 13883 |
space: ...... Do not dispose of that money, property, or credits | 13884 |
or give them to anyone else until further order of the court. | 13885 |
6. If the answer to line 1 is "no," sign and return this | 13886 |
form to the clerk of this court. | 13887 |
I certify that the statements above are true. | 13888 |
.............................. | 13889 | ||
(Print Name of Garnishee) | 13890 | ||
.............................. | 13891 | ||
(Print Name and Title of | 13892 | ||
Person Who Completed Form) | 13893 |
Signed ........................................................... | 13894 |
13895 |
Dated this .......... day of .........., ....." | 13896 |
Section A of the form described in this division shall be | 13897 |
completed before service. Section B of the form shall be | 13898 |
completed by the garnishee, and the garnishee shall file one | 13899 |
completed and signed copy of the form with the clerk of the court | 13900 |
as the garnishee's answer. The garnishee may keep one completed | 13901 |
and signed copy of the form and shall deliver the other completed | 13902 |
and signed copy of the form to the judgment debtor. | 13903 |
If several affidavits seeking orders of garnishment of | 13904 |
property, other than personal earnings, are filed against the same | 13905 |
judgment debtor in accordance with section 2716.11 of the Revised | 13906 |
Code, the court involved shall issue the requested orders in the | 13907 |
same order in which the clerk received the associated affidavits. | 13908 |
(C)(1) At the time of the filing of a proceeding in | 13909 |
garnishment of property, other than personal earnings, under | 13910 |
section 2716.11 of the Revised Code, the judgment creditor also | 13911 |
shall file with the clerk of the court a praecipe instructing the | 13912 |
clerk to issue to the judgment debtor a notice to the judgment | 13913 |
debtor form and a request for hearing form. Upon receipt of the | 13914 |
praecipe and the scheduling of a hearing relative to an action in | 13915 |
garnishment of property, other than personal earnings, under | 13916 |
division (A) of this section, the clerk of the court immediately | 13917 |
shall serve upon the judgment debtor, in accordance with division | 13918 |
(D) of this section, two copies of the notice to the judgment | 13919 |
debtor form and of the request for hearing form. The copies of | 13920 |
the notice to the judgment debtor form and of the request for | 13921 |
hearing form shall not be served later than seven days prior to | 13922 |
the date on which the hearing is scheduled. | 13923 |
(a) The notice to the judgment debtor that must be served | 13924 |
upon the judgment debtor shall be in substantially the following | 13925 |
form: | 13926 |
13927 |
(Case Caption) ......................... Case No. ............. | 13928 |
13929 |
You are hereby notified that this court has issued an order | 13930 |
in the above case in favor of (name and address of judgment | 13931 |
creditor), the judgment creditor in this proceeding, directing | 13932 |
that some of your money, property, or credits, other than personal | 13933 |
earnings, now in the possession of (name and address of | 13934 |
garnishee), the garnishee in this proceeding, be used to satisfy | 13935 |
your debt to the judgment creditor. This order was issued on the | 13936 |
basis of the judgment creditor's judgment against you that was | 13937 |
obtained in (name of court) in (case number) on (date). Upon your | 13938 |
receipt of this notice, you are prohibited from removing or | 13939 |
attempting to remove the money, property, or credits until | 13940 |
expressly permitted by the court. Any violation of this | 13941 |
prohibition subjects you to punishment for contempt of court. | 13942 |
The law of Ohio and the United States provides that certain | 13943 |
benefit payments cannot be taken from you to pay a debt. Typical | 13944 |
among the benefits that cannot be attached or executed upon by a | 13945 |
creditor are the following: | 13946 |
(1) Workers' compensation benefits; | 13947 |
(2) Unemployment compensation payments; | 13948 |
(3) Cash assistance payments under the Ohio works first | 13949 |
program; | 13950 |
(4) Benefits and services under the prevention, retention, | 13951 |
and contingency program; | 13952 |
(5) Disability assistance administered by the Ohio department | 13953 |
of job and family services; | 13954 |
| 13955 |
| 13956 |
| 13957 |
| 13958 |
| 13959 |
There may be other benefits not included in the above list | 13960 |
that apply in your case. | 13961 |
If you dispute the judgment creditor's right to garnish your | 13962 |
property and believe that the judgment creditor should not be | 13963 |
given your money, property, or credits, other than personal | 13964 |
earnings, now in the possession of the garnishee because they are | 13965 |
exempt or if you feel that this order is improper for any other | 13966 |
reason, you may request a hearing before this court by disputing | 13967 |
the claim in the request for hearing form, appearing below, or in | 13968 |
a substantially similar form, and delivering the request for | 13969 |
hearing to this court at the above address, at the office of the | 13970 |
clerk of this court no later than the end of the fifth business | 13971 |
day after you receive this notice. You may state your reasons for | 13972 |
disputing the judgment creditor's right to garnish your property | 13973 |
in the space provided on the form; however, you are not required | 13974 |
to do so. If you do state your reasons for disputing the judgment | 13975 |
creditor's right, you are not prohibited from stating any other | 13976 |
reason at the hearing. If you do not state your reasons, it will | 13977 |
not be held against you by the court, and you can state your | 13978 |
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL | 13979 |
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing, | 13980 |
the hearing will be limited to a consideration of the amount of | 13981 |
your money, property, or credits, other than personal earnings, in | 13982 |
the possession or control of the garnishee, if any, that can be | 13983 |
used to satisfy all or part of the judgment you owe to the | 13984 |
judgment creditor. | 13985 |
If you request a hearing by delivering your request for | 13986 |
hearing no later than the end of the fifth business day after you | 13987 |
receive this notice, it will be conducted in .......... courtroom | 13988 |
.........., (address of court), at ..... m. on .........., | 13989 |
.......... You may request the court to conduct the hearing | 13990 |
before this date by indicating your request in the space provided | 13991 |
on the form; the court then will send you notice of any change in | 13992 |
the date, time, or place of the hearing. If you do not request a | 13993 |
hearing by delivering your request for a hearing no later than the | 13994 |
end of the fifth business day after you receive this notice, some | 13995 |
of your money, property, or credits, other than personal earnings, | 13996 |
will be paid to the judgment creditor. | 13997 |
If you have any questions concerning this matter, you may | 13998 |
contact the office of the clerk of this court. If you want legal | 13999 |
representation, you should contact your lawyer immediately. If | 14000 |
you need the name of a lawyer, contact the local bar association. | 14001 |
.............................. | 14002 | ||
Clerk of the Court | 14003 | ||
.............................. | 14004 | ||
Date" | 14005 |
(b) The request for hearing form that must be served upon | 14006 |
the judgment debtor shall have attached to it a postage-paid, | 14007 |
self-addressed envelope or shall be on a postage-paid | 14008 |
self-addressed postcard, and shall be in substantially the | 14009 |
following form: | 14010 |
14011 |
Case Number ........................... Date | 14012 |
.................... | 14013 |
14014 |
I dispute the judgment creditor's right to garnish my money, | 14015 |
property, or credits, other than personal earnings, in the above | 14016 |
case and request that a hearing in this matter be held | 14017 |
.................................................................. | 14018 |
14019 |
the date and time set forth in the document entitled "NOTICE TO | 14020 |
THE JUDGMENT DEBTOR" that I received with this request form. | 14021 |
I dispute the judgment creditor's right to garnish my | 14022 |
property for the following reasons: | 14023 |
.................................................................. | 14024 |
(Optional) | 14025 |
.................................................................. | 14026 |
.................................................................. | 14027 |
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL | 14028 |
BE HEARD OR CONSIDERED AT THE HEARING. | 14029 |
.............................. | 14030 | ||
(Name of Judgment Debtor) | 14031 | ||
.............................. | 14032 | ||
(Signature) | 14033 | ||
.............................. | 14034 | ||
(Date) | 14035 |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A | 14036 |
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK | 14037 |
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, | 14038 |
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, | 14039 |
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE | 14040 |
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT | 14041 |
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT | 14042 |
CREDITOR'S NAME)." | 14043 |
(2) The judgment debtor may receive a hearing in accordance | 14044 |
with this division by delivering a written request for hearing to | 14045 |
the court within five business days after receipt of the notice | 14046 |
provided pursuant to division (C)(1) of this section. The request | 14047 |
may set forth the judgment debtor's reasons for disputing the | 14048 |
judgment creditor's right to garnish the money, property, or | 14049 |
credits, other than personal earnings; however, neither the | 14050 |
judgment debtor's inclusion of nor failure to include those | 14051 |
reasons upon the request constitutes a waiver of any defense of | 14052 |
the judgment debtor or affects the judgment debtor's right to | 14053 |
produce evidence at the hearing. If the request is made by the | 14054 |
judgment debtor within the prescribed time, the hearing shall be | 14055 |
limited to a consideration of the amount of money, property, or | 14056 |
credits, other than personal earnings, of the judgment debtor in | 14057 |
the hands of the garnishee, if any, that can be used to satisfy | 14058 |
all or part of the debt owed by the judgment debtor to the | 14059 |
judgment creditor. If a request for a hearing is not received by | 14060 |
the court within the prescribed time, the hearing scheduled | 14061 |
pursuant to division (A) of this section shall be canceled unless | 14062 |
the court grants the judgment debtor a continuance in accordance | 14063 |
with division (C)(3) of this section. | 14064 |
(3) If the judgment debtor does not request a hearing in the | 14065 |
action within the prescribed time pursuant to division (C)(2) of | 14066 |
this section, the court nevertheless may grant a continuance of | 14067 |
the scheduled hearing if the judgment debtor, prior to the time at | 14068 |
which the hearing was scheduled, as indicated on the notice to the | 14069 |
judgment debtor required by division (C)(1) of this section, | 14070 |
establishes a reasonable justification for failure to request the | 14071 |
hearing within the prescribed time. If the court grants a | 14072 |
continuance of the hearing, it shall cause the matter to be set | 14073 |
for hearing as soon as practicable thereafter. The continued | 14074 |
hearing shall be conducted in accordance with division (C)(2) of | 14075 |
this section. | 14076 |
(4) The court may conduct the hearing on the matter prior to | 14077 |
the time at which the hearing was scheduled, as indicated on the | 14078 |
notice to the judgment debtor required by division (C)(1) of this | 14079 |
section, upon the request of the judgment debtor. The parties | 14080 |
shall be sent notice, by the clerk of the court, by regular mail, | 14081 |
of any change in the date, time, or place of the hearing. | 14082 |
(5) If the scheduled hearing is canceled and no continuance | 14083 |
is granted, the court shall issue an order to the garnishee to pay | 14084 |
all or some of the money, property, or credits, other than | 14085 |
personal earnings, of the judgment debtor in the possession of the | 14086 |
garnishee at the time of service of the notice and order into | 14087 |
court if they have not already been paid to the court. This order | 14088 |
shall be based on the answer of the garnishee filed pursuant to | 14089 |
this section. If the scheduled hearing is conducted or if it is | 14090 |
continued and conducted, the court shall determine at the hearing | 14091 |
the amount of the money, property, or credits, other than personal | 14092 |
earnings, of the judgment debtor in the possession of the | 14093 |
garnishee at the time of service of the notice and order, if any, | 14094 |
that can be used to satisfy all or part of the debt owed by the | 14095 |
judgment debtor to the judgment creditor, and issue an order, | 14096 |
accordingly, to the garnishee to pay that amount into court if it | 14097 |
has not already been paid to the court. | 14098 |
(D) The notice to the judgment debtor form and the request | 14099 |
for hearing form described in division (C) of this section shall | 14100 |
be sent by the clerk by ordinary or regular mail service unless | 14101 |
the judgment creditor requests that service be made in accordance | 14102 |
with the Rules of Civil Procedure, in which case the forms shall | 14103 |
be served in accordance with the Rules of Civil Procedure. Any | 14104 |
court of common pleas that issues an order of garnishment of | 14105 |
property, other than personal earnings, under this section has | 14106 |
jurisdiction to serve process pursuant to this section upon a | 14107 |
garnishee who does not reside within the jurisdiction of the | 14108 |
court. Any county court or municipal court that issues an order | 14109 |
of garnishment of property, other than personal earnings, under | 14110 |
this section has jurisdiction to serve process pursuant to this | 14111 |
section upon a garnishee who does not reside within the | 14112 |
jurisdiction of the court. | 14113 |
Sec. 2921.13. (A) No person shall knowingly make a false | 14114 |
statement, or knowingly swear or affirm the truth of a false | 14115 |
statement previously made, when any of the following applies: | 14116 |
(1) The statement is made in any official proceeding. | 14117 |
(2) The statement is made with purpose to incriminate | 14118 |
another. | 14119 |
(3) The statement is made with purpose to mislead a public | 14120 |
official in performing the public official's official function. | 14121 |
(4) The statement is made with purpose to secure the payment | 14122 |
of unemployment compensation; Ohio works first; prevention, | 14123 |
retention, and contingency
| 14124 |
disability assistance; retirement benefits; economic development | 14125 |
assistance, as defined in section 9.66 of the Revised Code; or | 14126 |
other benefits administered by a governmental agency or paid out | 14127 |
of a public treasury. | 14128 |
(5) The statement is made with purpose to secure the | 14129 |
issuance by a governmental agency of a license, permit, | 14130 |
authorization, certificate, registration, release, or provider | 14131 |
agreement. | 14132 |
(6) The statement is sworn or affirmed before a notary | 14133 |
public or another person empowered to administer oaths. | 14134 |
(7) The statement is in writing on or in connection with a | 14135 |
report or return that is required or authorized by law. | 14136 |
(8) The statement is in writing and is made with purpose to | 14137 |
induce another to extend credit to or employ the offender, to | 14138 |
confer any degree, diploma, certificate of attainment, award of | 14139 |
excellence, or honor on the offender, or to extend to or bestow | 14140 |
upon the offender any other valuable benefit or distinction, when | 14141 |
the person to whom the statement is directed relies upon it to | 14142 |
that person's detriment. | 14143 |
(9) The statement is made with purpose to commit or | 14144 |
facilitate the commission of a theft offense. | 14145 |
(10) The statement is knowingly made to a probate court in | 14146 |
connection with any action, proceeding, or other matter within its | 14147 |
jurisdiction, either orally or in a written document, including, | 14148 |
but not limited to, an application, petition, complaint, or other | 14149 |
pleading, or an inventory, account, or report. | 14150 |
(11) The statement is made on an account, form, record, | 14151 |
stamp, label, or other writing that is required by law. | 14152 |
(12) The statement is made in connection with the purchase | 14153 |
of a firearm, as defined in section 2923.11 of the Revised Code, | 14154 |
and in conjunction with the furnishing to the seller of the | 14155 |
firearm of a fictitious or altered driver's or commercial driver's | 14156 |
license or permit, a fictitious or altered identification card, or | 14157 |
any other document that contains false information about the | 14158 |
purchaser's identity. | 14159 |
(13) The statement is made in a document or instrument of | 14160 |
writing that purports to be a judgment, lien, or claim of | 14161 |
indebtedness and is filed or recorded with the secretary of state, | 14162 |
a county recorder, or the clerk of a court of record. | 14163 |
(B) No person, in connection with the purchase of a firearm, | 14164 |
as defined in section 2923.11 of the Revised Code, shall knowingly | 14165 |
furnish to the seller of the firearm a fictitious or altered | 14166 |
driver's or commercial driver's license or permit, a fictitious or | 14167 |
altered identification card, or any other document that contains | 14168 |
false information about the purchaser's identity. | 14169 |
(C) It is no defense to a charge under division (A)(4) of | 14170 |
this section that the oath or affirmation was administered or | 14171 |
taken in an irregular manner. | 14172 |
(D) If contradictory statements relating to the same fact | 14173 |
are made by the offender within the period of the statute of | 14174 |
limitations for falsification, it is not necessary for the | 14175 |
prosecution to prove which statement was false but only that one | 14176 |
or the other was false. | 14177 |
(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 14178 |
(6), (7), (8), (10), (11), or (13) of this section is guilty of | 14179 |
falsification, a misdemeanor of the first degree. | 14180 |
(2) Whoever violates division (A)(9) of this section is | 14181 |
guilty of falsification in a theft offense. Except as otherwise | 14182 |
provided in this division, falsification in a theft offense is a | 14183 |
misdemeanor of the first degree. If the value of the property or | 14184 |
services stolen is five hundred dollars or more and is less than | 14185 |
five thousand dollars, falsification in a theft offense is a | 14186 |
felony of the fifth degree. If the value of the property or | 14187 |
services stolen is five thousand dollars or more and is less than | 14188 |
one hundred thousand dollars, falsification in a theft offense is | 14189 |
a felony of the fourth degree. If the value of the property or | 14190 |
services stolen is one hundred thousand dollars or more, | 14191 |
falsification in a theft offense is a felony of the third degree. | 14192 |
(3) Whoever violates division (A)(12) or (B) of this | 14193 |
section is guilty of falsification to purchase a firearm, a felony | 14194 |
of the fifth degree. | 14195 |
(F) A person who violates this section is liable in a civil | 14196 |
action to any person harmed by the violation for injury, death, or | 14197 |
loss to person or property incurred as a result of the commission | 14198 |
of the offense and for reasonable attorney's fees, court costs, | 14199 |
and other expenses incurred as a result of prosecuting the civil | 14200 |
action commenced under this division. A civil action under this | 14201 |
division is not the exclusive remedy of a person who incurs | 14202 |
injury, death, or loss to person or property as a result of a | 14203 |
violation of this section. | 14204 |
Sec. 2953.21. (A)(1) Any person who has been convicted of a | 14205 |
criminal offense or adjudicated a delinquent child and who claims | 14206 |
that there was such a denial or infringement of the person's | 14207 |
rights as to render the judgment void or voidable under the Ohio | 14208 |
Constitution or the Constitution of the United States may file a | 14209 |
petition in the court that imposed sentence, stating the grounds | 14210 |
for relief relied upon, and asking the court to vacate or set | 14211 |
aside the judgment or sentence or to grant other appropriate | 14212 |
relief. The petitioner may file a supporting affidavit and other | 14213 |
documentary evidence in support of the claim for relief. | 14214 |
(2) A petition under division (A)(1) of this section shall | 14215 |
be filed no later than one hundred eighty days after the date on | 14216 |
which the trial transcript is filed in the court of appeals in the | 14217 |
direct appeal of the judgment of conviction or adjudication or, if | 14218 |
the direct appeal involves a sentence of death, the date on which | 14219 |
the trial transcript is filed in the supreme court. If no appeal | 14220 |
is taken, the petition shall be filed no later than one hundred | 14221 |
eighty days after the expiration of the time for filing the | 14222 |
appeal. | 14223 |
(3) In a petition filed under division (A) of this section, | 14224 |
a person upon whom a sentence of death has been imposed may ask | 14225 |
the court to render void or voidable the judgment with respect to | 14226 |
the conviction of aggravated murder or the specification of an | 14227 |
aggravating circumstance. | 14228 |
(4) A petitioner shall state in the original or amended | 14229 |
petition filed under division (A) of this section all grounds for | 14230 |
relief claimed by the petitioner. Except as provided in section | 14231 |
2953.23 of the Revised Code, any ground for relief that is not so | 14232 |
stated in the petition is waived. | 14233 |
(5) If the petitioner in a petition filed under division (A) | 14234 |
of this section was convicted of or pleaded guilty to a felony, | 14235 |
the petition may include a claim that the petitioner was denied | 14236 |
the equal protection of the laws in violation of the Ohio | 14237 |
Constitution or the United States Constitution because the | 14238 |
sentence imposed upon the petitioner for the felony was part of a | 14239 |
consistent pattern of disparity in sentencing by the judge who | 14240 |
imposed the sentence, with regard to the petitioner's race, | 14241 |
gender, ethnic background, or religion. If the supreme court | 14242 |
adopts a rule requiring a court of common pleas to maintain | 14243 |
information with regard to an offender's race, gender, ethnic | 14244 |
background, or religion, the supporting evidence for the petition | 14245 |
shall include, but shall not be limited to, a copy of that type of | 14246 |
information relative to the petitioner's sentence and copies of | 14247 |
that type of information relative to sentences that the same judge | 14248 |
imposed upon other persons. | 14249 |
(B) The clerk of the court in which the petition is filed | 14250 |
shall docket the petition and bring it promptly to the attention | 14251 |
of the court. The petitioner need not serve a copy of the | 14252 |
petition on the prosecuting attorney. The clerk of the court in | 14253 |
which the petition is filed immediately shall forward a copy of | 14254 |
the petition to the prosecuting attorney of that county. | 14255 |
(C) The court shall consider a petition that is timely filed | 14256 |
under division (A)(2) of this section even if a direct appeal of | 14257 |
the judgment is pending. Before granting a hearing on a petition | 14258 |
filed under division (A) of this section, the court shall | 14259 |
determine whether there are substantive grounds for relief. In | 14260 |
making such a determination, the court shall consider, in addition | 14261 |
to the petition, the supporting affidavits, and the documentary | 14262 |
evidence, all the files and records pertaining to the proceedings | 14263 |
against the petitioner, including, but not limited to, the | 14264 |
indictment, the court's journal entries, the journalized records | 14265 |
of the clerk of the court, and the court reporter's transcript. | 14266 |
The court reporter's transcript, if ordered and certified by the | 14267 |
court, shall be taxed as court costs. If the court dismisses the | 14268 |
petition, it shall make and file findings of fact and conclusions | 14269 |
of law with respect to such dismissal. | 14270 |
(D) Within ten days after the docketing of the petition, or | 14271 |
within any further time that the court may fix for good cause | 14272 |
shown, the prosecuting attorney shall respond by answer or motion. | 14273 |
Within twenty days from the date the issues are made up, either | 14274 |
party may move for summary judgment. The right to summary | 14275 |
judgment shall appear on the face of the record. | 14276 |
(E) Unless the petition and the files and records of the | 14277 |
case show the petitioner is not entitled to relief, the court | 14278 |
shall proceed to a prompt hearing on the issues even if a direct | 14279 |
appeal of the case is pending. If the court notifies the parties | 14280 |
that it has found grounds for granting relief, either party may | 14281 |
request an appellate court in which a direct appeal of the | 14282 |
judgment is pending to remand the pending case to the court. | 14283 |
(F) At any time before the answer or motion is filed, the | 14284 |
petitioner may amend the petition with or without leave or | 14285 |
prejudice to the proceedings. The petitioner may amend the | 14286 |
petition with leave of court at any time thereafter. | 14287 |
(G) If the court does not find grounds for granting relief, | 14288 |
it shall make and file findings of fact and conclusions of law and | 14289 |
shall enter judgment denying relief on the petition. If no direct | 14290 |
appeal of the case is pending and the court finds grounds for | 14291 |
relief or if a pending direct appeal of the case has been remanded | 14292 |
to the court pursuant to a request made pursuant to division (E) | 14293 |
of this section and the court finds grounds for granting relief, | 14294 |
it shall make and file findings of fact and conclusions of law and | 14295 |
shall enter a judgment that vacates and sets aside the judgment in | 14296 |
question, and, in the case of a petitioner who is a prisoner in | 14297 |
custody, shall discharge or resentence the petitioner or grant a | 14298 |
new trial as the court determines appropriate. The court also may | 14299 |
make supplementary orders to the relief granted, concerning such | 14300 |
matters as rearraignment, retrial, custody, and bail. If the | 14301 |
trial court's order granting the petition is reversed on appeal | 14302 |
and if the direct appeal of the case has been remanded from an | 14303 |
appellate court pursuant to a request under division (E) of this | 14304 |
section, the appellate court reversing the order granting the | 14305 |
petition shall notify the appellate court in which the direct | 14306 |
appeal of the case was pending at the time of the remand of the | 14307 |
reversal and remand of the trial court's order. Upon the reversal | 14308 |
and remand of the trial court's order granting the petition, | 14309 |
regardless of whether notice is sent or received, the direct | 14310 |
appeal of the case that was remanded is reinstated. | 14311 |
(H) Upon the filing of a petition pursuant to division (A) | 14312 |
of this section by a prisoner in a state correctional institution | 14313 |
who has received the death penalty, the court may stay execution | 14314 |
of the judgment challenged by the petition. | 14315 |
(I)(1) If a person who has received the death penalty | 14316 |
intends to file a petition under this section, the court shall | 14317 |
appoint counsel to represent the person upon a finding that the | 14318 |
person is indigent and that the person either accepts the | 14319 |
appointment of counsel or is unable to make a competent decision | 14320 |
whether to accept or reject the appointment of counsel. The court | 14321 |
may decline to appoint counsel for the person only upon a finding, | 14322 |
after a hearing if necessary, that the person rejects the | 14323 |
appointment of counsel and understands the legal consequences of | 14324 |
that decision or upon a finding that the person is not indigent. | 14325 |
(2) The court shall not appoint as counsel under division | 14326 |
(I)(1) of this section an attorney who represented the petitioner | 14327 |
at trial in the case to which the petition relates unless the | 14328 |
person and the attorney expressly request the appointment. The | 14329 |
court shall appoint as counsel under division (I)(1) of this | 14330 |
section only an attorney who is
certified under Rule
| 14331 |
Rules of
Superintendence for
the Courts of
| 14332 |
represent indigent defendants charged with or convicted of an | 14333 |
offense for which the death penalty can be or has been imposed. | 14334 |
The ineffectiveness or incompetence of counsel during proceedings | 14335 |
under this section does not constitute grounds for relief in a | 14336 |
proceeding under this section, in an appeal of any action under | 14337 |
this section, or in an application to reopen a direct appeal. | 14338 |
(3) Division (I) of this section does not preclude attorneys | 14339 |
who represent the state of Ohio from invoking the provisions of 28 | 14340 |
U.S.C. 154 with respect to capital cases that were pending in | 14341 |
federal habeas corpus proceedings prior to the effective date of | 14342 |
this amendment insofar as the petitioners in those cases were | 14343 |
represented in proceedings under this section by one or more | 14344 |
counsel appointed by the court under this section or section | 14345 |
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those | 14346 |
appointed counsel meet the requirements of division (I)(2) of this | 14347 |
section. | 14348 |
(J) Subject to the appeal of a sentence for a felony that is | 14349 |
authorized by section 2953.08 of the Revised Code, the remedy set | 14350 |
forth in this section is the exclusive remedy by which a person | 14351 |
may bring a collateral challenge to the validity of a conviction | 14352 |
or sentence in a criminal case or to the validity of an | 14353 |
adjudication of a child as a delinquent child for the commission | 14354 |
of an act that would be a criminal offense if committed by an | 14355 |
adult or the validity of a related order of disposition. | 14356 |
Sec. 3109.14. (A) As used in this section, "birth record" | 14357 |
and "certification of birth" have the meanings given in section | 14358 |
3705.01 of the Revised Code. | 14359 |
(B)(1) The director of health, a person authorized by the | 14360 |
director, a local commissioner of health, or a local registrar of | 14361 |
vital statistics shall charge and collect a fee for each certified | 14362 |
copy of a
birth record
| 14363 |
14364 | |
14365 | |
and after October 1, 2001, the fee shall be three dollars. The | 14366 |
fee is in addition to the fee imposed by section 3705.24 or any | 14367 |
other section of the Revised Code. A local commissioner of health | 14368 |
or a local registrar of vital statistics may retain an amount of | 14369 |
each additional fee collected, not to exceed three per cent of the | 14370 |
amount of the additional fee, to be used for costs directly | 14371 |
related to the collection of the fee and the forwarding of the fee | 14372 |
to the treasurer of state. | 14373 |
(2) Upon the filing for a divorce decree under section | 14374 |
3105.10 or a decree of dissolution under section 3105.65 of the | 14375 |
Revised Code, a court of common pleas shall charge and collect a | 14376 |
fee
| 14377 |
dollars. On and after October 1, 2001, the fee shall be eleven | 14378 |
dollars. The fee is in addition to any other court costs or fees. | 14379 |
The county clerk of courts may retain an amount of each additional | 14380 |
fee collected, not to exceed three per cent of the amount of the | 14381 |
additional fee, to be used for costs directly related to the | 14382 |
collection of the fee and the forwarding of the fee to the | 14383 |
treasurer of state. | 14384 |
(C) The additional fees collected, but not retained, under | 14385 |
this section during each month shall be forwarded not later than | 14386 |
the tenth day of the immediately following month to the treasurer | 14387 |
of state, who shall deposit the fees in the state treasury to the | 14388 |
credit of the children's trust fund, which is hereby created. A | 14389 |
person or government entity that fails to forward the fees in a | 14390 |
timely manner, as determined by the treasurer of state, shall | 14391 |
forward to the treasurer of state, in addition to the fees, a | 14392 |
penalty equal to ten per cent of the fees. | 14393 |
The treasurer of state shall invest the moneys in the fund, | 14394 |
and all earnings resulting from investment of the fund shall be | 14395 |
credited to the fund, except that actual administrative costs | 14396 |
incurred by the treasurer of state in administering the fund may | 14397 |
be deducted from the earnings resulting from investments. The | 14398 |
amount that may be deducted shall not exceed three per cent of the | 14399 |
total amount of fees credited to the fund in each fiscal year, | 14400 |
except that the children's trust fund board may approve an amount | 14401 |
for actual administrative costs exceeding three per cent but not | 14402 |
exceeding four per cent of such amount. The balance of the | 14403 |
investment earnings shall be credited to the fund. Moneys | 14404 |
credited to the fund shall be used only for the purposes described | 14405 |
in sections 3109.13 to 3109.18 of the Revised Code. | 14406 |
Sec. 3109.17. (A) For each fiscal biennium, the children's | 14407 |
trust fund board shall establish a biennial state plan for | 14408 |
comprehensive child abuse and child neglect prevention. The plan | 14409 |
shall be transmitted to the governor, the president and minority | 14410 |
leader of the senate, and the speaker and minority leader of the | 14411 |
house of representatives and shall be made available to the | 14412 |
general public. | 14413 |
(B) In developing and carrying out the state plan, the | 14414 |
children's trust fund board shall, in accordance with Chapter 119. | 14415 |
of the Revised Code, do all of the following: | 14416 |
(1) Ensure that an opportunity exists for assistance through | 14417 |
child abuse and child neglect prevention programs to persons | 14418 |
throughout the state of various social and economic backgrounds; | 14419 |
(2) Before the thirtieth day of October of each year, notify | 14420 |
each child abuse and child neglect prevention advisory board of | 14421 |
the amount estimated to be block granted to that advisory board | 14422 |
for the following fiscal year. | 14423 |
(3) Develop criteria for county or district comprehensive | 14424 |
allocation plans, including criteria for determining the plans' | 14425 |
effectiveness; | 14426 |
(4) Review county or district comprehensive allocation | 14427 |
plans; | 14428 |
(5) Make a block grant to each child abuse and child neglect | 14429 |
prevention advisory board for the purpose of funding child abuse | 14430 |
and child neglect prevention programs. The block grants shall be | 14431 |
allocated among advisory boards according to a formula based on | 14432 |
the ratio of the number of children under age eighteen in the | 14433 |
county or multicounty district to the number of children under age | 14434 |
eighteen in the state, as shown in the most recent federal | 14435 |
decennial census of population. Subject to the availability of | 14436 |
funds, each advisory board shall receive a minimum of ten thousand | 14437 |
dollars per fiscal year. In the case of an advisory board that | 14438 |
serves a multicounty district, the advisory board shall receive, | 14439 |
subject to available funds, a minimum of ten thousand dollars per | 14440 |
fiscal year for each county in the district. Block grants shall | 14441 |
be disbursed to the advisory boards twice annually. At least | 14442 |
fifty per cent of the amount of the block grant allocated to an | 14443 |
advisory board for a fiscal year shall be disbursed to the | 14444 |
advisory board not later than the thirtieth day of September. The | 14445 |
remainder of the block grant allocated to the advisory board for | 14446 |
that fiscal year shall be disbursed before the thirty-first day of | 14447 |
March. | 14448 |
If the children's trust fund board determines, based on | 14449 |
county or district performance or on the annual report submitted | 14450 |
by an advisory board, that the advisory board is not operating in | 14451 |
accordance with the criteria established in division (B)(3) of | 14452 |
this section, it may revise the allocation of funds that the | 14453 |
advisory board receives. | 14454 |
(6) Provide for the monitoring of expenditures from the | 14455 |
children's trust fund and of programs that receive money from the | 14456 |
children's trust fund; | 14457 |
(7) Establish reporting requirements for advisory boards; | 14458 |
(8) Collaborate with appropriate persons and government | 14459 |
entities and facilitate the exchange of information among those | 14460 |
persons and entities for the purpose of child abuse and child | 14461 |
neglect prevention; | 14462 |
(9) Provide for the education of the public and | 14463 |
professionals for the purpose of child abuse and child neglect | 14464 |
prevention. | 14465 |
(C) The children's trust fund board shall prepare a report | 14466 |
for each fiscal biennium that evaluates the expenditure of money | 14467 |
from the children's trust fund. On or before January 1, 2002, and | 14468 |
on or before the first day of January of a year that follows the | 14469 |
end of a fiscal biennium of this state, the board shall file a | 14470 |
copy of the report with the governor, the president and minority | 14471 |
leader of the senate, and the speaker and minority leader of the | 14472 |
house of representatives. | 14473 |
| 14474 |
14475 | |
14476 | |
14477 |
Sec. 3119.022. When a court or child support enforcement | 14478 |
agency calculates the amount of child support to be paid pursuant | 14479 |
to a child support order in a proceeding in which one parent is | 14480 |
the residential parent and legal custodian of all of the children | 14481 |
who are the subject of the child support order or in which the | 14482 |
court issues a shared parenting order, the court or agency shall | 14483 |
use a worksheet identical in content and form to the following: | 14484 |
14485 |
14486 |
Name of parties ................................................ | 14487 |
Case No. ....................................................... | 14488 |
Number of minor children ....................................... | 14489 |
The following parent was designated as residential parent and | 14490 |
legal custodian: ...... mother ...... father ...... shared | 14491 |
Column I | Column II | Column III | 14492 | |||||
Father | Mother | Combined | 14493 | |||||
INCOME | 14494 | |||||||
1.a. | Annual gross income from | 14495 | ||||||
employment or, when | 14496 | |||||||
determined appropriate | 14497 | |||||||
by the court or agency, | 14498 | |||||||
average annual gross income | 14499 | |||||||
from employment over a | 14500 | |||||||
reasonable period of years. | 14501 | |||||||
(Exclude overtime, bonuses, | 14502 | |||||||
self-employment income, or | 14503 | |||||||
commissions)............... | $...... | $...... | 14504 | |||||
b. | Amount of overtime, | 14505 | ||||||
bonuses, and commissions | 14506 | |||||||
(year 1 representing the | 14507 | |||||||
most recent year) | 14508 |
Father | Mother | 14509 | ||
Yr. 3 $.......... | Yr. 3 $.......... | 14510 | ||
(Three years ago) | (Three years ago) | 14511 | ||
Yr. 2 $.......... | Yr. 2 $.......... | 14512 | ||
(Two years ago) | (Two years ago) | 14513 | ||
Yr. 1 $.......... | Yr. 1 $.......... | 14514 | ||
(Last calendar year) | (Last calendar year) | 14515 | ||
Average $......... | Average $......... | 14516 |
(Include in Col. I and/or | 14517 | |||||||
Col. II the average of the | 14518 | |||||||
three years or the year 1 | 14519 | |||||||
amount, whichever is less, | 14520 | |||||||
if there exists a reasonable | 14521 | |||||||
expectation that the total | 14522 | |||||||
earnings from overtime and/or | 14523 | |||||||
bonuses during the current | 14524 | |||||||
calendar year will meet or | 14525 | |||||||
exceed the amount that is | 14526 | |||||||
the lower of the average | 14527 | |||||||
of the three years or the | 14528 | |||||||
year 1 amount. If, however, | 14529 | |||||||
there exists a reasonable | 14530 | |||||||
expectation that the total | 14531 | |||||||
earnings from overtime/ | 14532 | |||||||
bonuses during the current | 14533 | |||||||
calendar year will be less | 14534 | |||||||
than the lower of the average | 14535 | |||||||
of the 3 years or the year 1 | 14536 | |||||||
amount, include only the | 14537 | |||||||
amount reasonably expected | 14538 | |||||||
to be earned this year.)... | $...... | $...... | 14539 | |||||
14540 | ||||||||
2. | For self-employment income: | 14541 | ||||||
a. | Gross receipts from | 14542 | ||||||
business................... | $...... | $...... | 14543 | |||||
b. | Ordinary and necessary | 14544 | ||||||
business expenses.......... | $...... | $...... | 14545 | |||||
c. | 5.6% of adjusted gross | 14546 | ||||||
income or the actual | 14547 | |||||||
marginal difference between | 14548 | |||||||
the actual rate paid by the | 14549 | |||||||
self-employed individual | 14550 | |||||||
and the F.I.C.A. rate ..... | $...... | $...... | 14551 | |||||
d. | Adjusted gross income from | 14552 | ||||||
self-employment (subtract | 14553 | |||||||
the sum of 2b and 2c from | 14554 | |||||||
2a)........................ | $...... | $...... | 14555 | |||||
14556 | ||||||||
3. | Annual income from interest | 14557 | ||||||
and dividends (whether or | 14558 | |||||||
not taxable )............... | $...... | $...... | 14559 | |||||
14560 | ||||||||
4. | Annual income from | 14561 | ||||||
unemployment compensation... | $...... | $...... | 14562 | |||||
14563 | ||||||||
5. | Annual income from workers' | 14564 | ||||||
compensation, disability | 14565 | |||||||
insurance benefits, or social | 14566 | |||||||
security disability/ | 14567 | |||||||
retirement benefits........ | $...... | $...... | 14568 | |||||
14569 | ||||||||
6. | Other annual income | 14570 | ||||||
(identify)................. | $...... | $...... | 14571 | |||||
14572 | ||||||||
7. | Total annual gross income | 14573 | ||||||
(add lines 1a, 1b, 2d, and | 14574 | |||||||
3-6)....................... | $...... | $...... | 14575 | |||||
14576 | ||||||||
ADJUSTMENTS TO INCOME | 14577 | |||||||
8. | Adjustment for minor children | 14578 | ||||||
born to or adopted by either | 14579 | |||||||
parent and another parent who | 14580 | |||||||
are living with this parent; | 14581 | |||||||
adjustment does not apply | 14582 | |||||||
to stepchildren (number of | 14583 | |||||||
children times federal income | 14584 | |||||||
tax exemption less child | 14585 | |||||||
support received, not to | 14586 | |||||||
exceed the federal tax | 14587 | |||||||
exemption)................. | $...... | $...... | 14588 | |||||
14589 | ||||||||
9. | Annual court-ordered support | 14590 | ||||||
paid for other children.... | $...... | $...... | 14591 | |||||
14592 | ||||||||
10. | Annual court-ordered spousal | 14593 | ||||||
support paid to any spouse | 14594 | |||||||
or former spouse........... | $...... | $...... | 14595 | |||||
14596 | ||||||||
11. | Amount of local income taxes | 14597 | ||||||
actually paid or estimated | 14598 | |||||||
to be paid................. | $...... | $...... | 14599 | |||||
14600 | ||||||||
12. | Mandatory work-related | 14601 | ||||||
deductions such as union | 14602 | |||||||
dues, uniform fees, etc. | 14603 | |||||||
(not including taxes, social | 14604 | |||||||
security, or retirement)... | $...... | $...... | 14605 | |||||
14606 | ||||||||
13. | Total gross income | 14607 | ||||||
adjustments (add lines | 14608 | |||||||
8 through 12).............. | $...... | $...... | 14609 | |||||
14610 | ||||||||
14. | Adjusted annual gross | 14611 | ||||||
income (subtract line 13 | 14612 | |||||||
from line 7)................ | $...... | $...... | 14613 | |||||
14614 | ||||||||
15. | Combined annual income that | 14615 | ||||||
is basis for child support | 14616 | |||||||
order (add line 14, Col. I | 14617 | |||||||
and Col. II)................ | $...... | 14618 | ||||||
14619 | ||||||||
16. | Percentage of parent's | 14620 | ||||||
income to total income | 14621 | |||||||
a. | Father (divide line 14, | 14622 | ||||||
Col. I, by line 15, Col. | 14623 | |||||||
III).......................% | 14624 | |||||||
b. | Mother (divide line 14, | 14625 | ||||||
Col. II, by line 15, Col. | 14626 | |||||||
III).......................% | 14627 | |||||||
14628 | ||||||||
17. | Basic combined child | 14629 | ||||||
support obligation (refer | 14630 | |||||||
to schedule, first column, | 14631 | |||||||
locate the amount nearest | 14632 | |||||||
to the amount on line 15, | 14633 | |||||||
Col. III, then refer to | 14634 | |||||||
column for number of | 14635 | |||||||
children in this family. | 14636 | |||||||
If the income of the | 14637 | |||||||
parents is more than one | 14638 | |||||||
sum but less than another, | 14639 | |||||||
you may calculate the | 14640 | |||||||
difference.)............... | $...... | 14641 | ||||||
14642 | ||||||||
18. | Annual support obligation per parent | 14643 | ||||||
a. | Father (multiply line 17, | 14644 | ||||||
Col. III, by line 16a)..... | $...... | 14645 | ||||||
b. | Mother (multiply line 17, | 14646 | ||||||
Col. III, by line 16b)..... | $...... | 14647 | ||||||
14648 | ||||||||
19. | Annual child care expenses | 14649 | ||||||
for children who are the | 14650 | |||||||
subject of this order that | 14651 | |||||||
are work-, employment | 14652 | |||||||
training-, or education- | 14653 | |||||||
related, as approved by | 14654 | |||||||
the court or agency | 14655 | |||||||
(deduct tax credit from | 14656 | |||||||
annual cost, whether or | 14657 | |||||||
not claimed).............. | $...... | $...... | 14658 | |||||
14659 | ||||||||
20. | Marginal, out-of-pocket | 14660 | ||||||
costs, necessary to provide | 14661 | |||||||
for health insurance for | 14662 | |||||||
the children who are the | 14663 | |||||||
subject of this order...... | $...... | $...... | 14664 | |||||
14665 | ||||||||
21. | ADJUSTMENTS TO CHILD SUPPORT | 14666 |
Father (only if obligor | Mother (only if obligor | 14667 | |||||
or shared parenting) | or shared parenting) | 14668 | |||||
a. | Additions: line 16a | b. | Additions: line 16b | 14669 | |||
times sum of amounts | times sum of amounts | 14670 | |||||
shown on line 19, Col. II | shown on line 19, Col. I | 14671 | |||||
and line 20, Col. II | and line 20, Col. I | 14672 | |||||
$...................... | $...................... | 14673 | |||||
c. | Subtractions: line 16b | d. | Subtractions: line 16a | 14674 | |||
times sum of amounts | times sum of amounts | 14675 | |||||
shown on line 19, Col. I | shown on line 19, Col. II | 14676 | |||||
and line 20, Col. I | and line 20, Col. II | 14677 | |||||
$....................... | $....................... | 14678 |
14679 | ||||||||
22. | OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT: | 14680 | ||||||
a. | Father: line 18a plus or minus the difference between line | 14681 | ||||||
21a minus line 21c
|
14682 | |||||||
14683 | ||||||||
14684 | ||||||||
14685 | ||||||||
14686 | ||||||||
14687 | ||||||||
14688 | ||||||||
$...... | 14689 | |||||||
b. | Mother: line 18b plus or minus the difference between line | 14690 | ||||||
21b minus line 21d
|
14691 | |||||||
14692 | ||||||||
14693 | ||||||||
14694 | ||||||||
14695 | ||||||||
14696 | ||||||||
14697 | ||||||||
$...... | 14698 | |||||||
14699 | ||||||||
23. | ACTUAL ANNUAL OBLIGATION: | 14700 | ||||||
a. | (Line 22a or 22b, whichever | 14701 | ||||||
line corresponds to the | 14702 | |||||||
parent who is the obligor). | $...... | 14703 | ||||||
b. | Any non-means-tested | 14704 | ||||||
benefits, including social | 14705 | |||||||
security and veterans' | 14706 | |||||||
benefits, paid to and | 14707 | |||||||
received by a child or a | 14708 | |||||||
person on behalf of the | 14709 | |||||||
child due to death, | 14710 | |||||||
disability, or retirement | 14711 | |||||||
of the parent............... | $...... | 14712 | ||||||
c. | Actual annual obligation | 14713 | ||||||
(subtract line 23b from | 14714 | |||||||
line 23a)................... | $...... | 14715 |
14716 | |||
24.a. | Deviation from sole residential parent support amount shown | 14717 | |
on line 23c if amount would be unjust or inappropriate: (see | 14718 | ||
section 3119.23 of the Revised Code.) (Specific facts and | 14719 | ||
monetary value must be stated.) | 14720 | ||
........................................................... | 14721 | ||
........................................................... | 14722 | ||
........................................................... | 14723 | ||
........................................................... | 14724 | ||
b. | Deviation from shared parenting order: (see sections 3119.23 | 14725 | |
and 3119.24 of the Revised Code.) (Specific facts including | 14726 | ||
amount of time children spend with each parent, ability of | 14727 | ||
each parent to maintain adequate housing for children, and | 14728 | ||
each parent's expenses for children must be stated to justify | 14729 | ||
deviation.) | 14730 | ||
........................................................... | 14731 | ||
........................................................... | 14732 | ||
........................................................... | 14733 | ||
........................................................... | 14734 |
14735 | ||||||||
25. | FINAL FIGURE (This amount | 14736 | ||||||
reflects final annual child | 14737 | |||||||
support obligation; line | 14738 | |||||||
23c plus or minus any | 14739 | |||||||
amounts indicated in line | 14740 | |||||||
24a or 24b .............. | $...... | Father/Mother, OBLIGOR | 14741 | |||||
14742 | ||||||||
26. | FOR DECREE: Child support | 14743 | ||||||
per month (divide obligor's | 14744 | |||||||
annual share, line 25, by | 14745 | |||||||
12) plus any processing | 14746 | |||||||
charge.................... | $...... | 14747 |
Prepared by: | 14748 | |||
Counsel: .................... | Pro se: ................. | 14749 | ||
(For mother/father) | 14750 | |||
CSEA: ....................... | Other: .................. | 14751 |
14752 |
........................... | ........................... | 14753 | ||
Mother | Date | 14754 | ||
........................... | ........................... | 14755 | ||
Father | Date | 14756 |
Sec. 3301.075. The state board of education shall adopt | 14757 |
rules governing the purchasing and leasing of data processing | 14758 |
services and equipment for all local, exempted village, city, and | 14759 |
joint vocational school districts and all educational service | 14760 |
centers. Such rules shall include provisions for the | 14761 |
establishment of an Ohio education computer network under | 14762 |
procedures, guidelines, and specifications of the department of | 14763 |
education. | 14764 |
The department shall administer funds appropriated for the | 14765 |
Ohio education computer network to ensure its efficient and | 14766 |
economical operation and shall approve no more than twenty-seven | 14767 |
data acquisition sites to operate concurrently. Such sites shall | 14768 |
be approved for funding in accordance with rules of the state | 14769 |
board adopted under this section that shall provide for the | 14770 |
superintendent of public instruction to require the membership of | 14771 |
each data acquisition site to be composed of combinations of | 14772 |
school districts and
educational service centers
| 14773 |
14774 | |
economical comprehensive program of computer services to member | 14775 |
districts and educational service centers. Each data acquisition | 14776 |
site | 14777 |
14778 | |
organized in accordance with section 3313.92 or Chapter 167. of | 14779 |
the Revised Code. | 14780 |
The department of education may contract with an independent | 14781 |
for profit or nonprofit entity to provide current and historical | 14782 |
information on Ohio government through the Ohio education computer | 14783 |
network to school district libraries operating in accordance with | 14784 |
section 3375.14 of the Revised Code in order to assist school | 14785 |
teachers in social studies course instruction and support student | 14786 |
research projects. Any such contract shall be awarded in | 14787 |
accordance with Chapter 125. of the Revised Code. | 14788 |
Sec. 3301.70. (A) The state board of education is the | 14789 |
designated state agency responsible for the coordination and | 14790 |
administration of sections 110 to 118 of the "National and | 14791 |
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C. | 14792 |
12401 to 12431,
| 14793 |
assistance of
the
| 14794 |
council created in section 121.40 of the Revised Code, the state | 14795 |
board shall coordinate with other state agencies to apply for | 14796 |
funding under the act when appropriate. | 14797 |
(B) With the assistance of the
| 14798 |
| 14799 |
develop a plan to assist school districts in the implementation of | 14800 |
section 3313.605 of the Revised Code and other community service | 14801 |
activities of school districts. The state board shall encourage | 14802 |
the development of school district programs meeting the | 14803 |
requirements for funding under the
| 14804 |
Act of 1990. | 14805 |
from all available sources for school community service education | 14806 |
programs, including funds available under the
| 14807 |
Community Service Act of 1990, | 14808 |
assistance to school districts for the implementation of community | 14809 |
service education programs. The plan shall also provide for | 14810 |
technical assistance to be given to school boards to assist in | 14811 |
obtaining funds for community service education programs from any | 14812 |
source. | 14813 |
(C) With the assistance of the
| 14814 |
| 14815 |
all of the following: | 14816 |
(1) Disseminate information about school district community | 14817 |
service education programs to other school districts and to | 14818 |
statewide organizations involved with or promoting volunteerism; | 14819 |
(2) Recruit additional school districts to develop community | 14820 |
service education programs; | 14821 |
(3) Identify or develop model community service programs, | 14822 |
teacher training courses, and community service curricula and | 14823 |
teaching materials for possible use by school districts in their | 14824 |
programs. | 14825 |
Sec. 3301.80. (A) There is hereby created the Ohio | 14826 |
SchoolNet commission as an independent agency. The commission | 14827 |
shall administer programs to provide financial and other | 14828 |
assistance to school districts and other educational institutions | 14829 |
for the acquisition and utilization of educational technology. | 14830 |
The commission is a body corporate and politic, an agency of | 14831 |
the state performing essential governmental functions of the | 14832 |
state. | 14833 |
(B)(1) The commission shall consist of eleven members, seven | 14834 |
of whom are voting members. Of the voting members, one shall be | 14835 |
appointed by the speaker of the house of representatives and one | 14836 |
shall be appointed by the president of the senate. The members | 14837 |
appointed by the speaker of the house and the president of the | 14838 |
senate shall not be members of the general assembly. The state | 14839 |
superintendent of public instruction or a designee of the | 14840 |
superintendent, the director of budget and management or a | 14841 |
designee of the director, the director of administrative services | 14842 |
or a designee of the director, the chairperson of the public | 14843 |
utilities commission or a designee of the chairperson, and the | 14844 |
director of the Ohio educational telecommunications network | 14845 |
commission or a designee of the director shall serve on the | 14846 |
commission as ex officio voting members. Of the nonvoting | 14847 |
members, two shall be members of the house of representatives | 14848 |
appointed by the speaker of the house and two shall be members of | 14849 |
the senate appointed by the president of the senate. The members | 14850 |
appointed from each house shall not be members of the same | 14851 |
political party. The superintendent of public instruction or the | 14852 |
superintendent's designee shall be the chairperson of the | 14853 |
commission. | 14854 |
(2) The members shall serve without compensation. The | 14855 |
voting members appointed by the speaker of the house of | 14856 |
representatives and the president of the senate shall be | 14857 |
reimbursed, pursuant to office of budget and management | 14858 |
guidelines, for necessary expenses incurred in the performance of | 14859 |
official duties. | 14860 |
(3) The terms of office for the members appointed by the | 14861 |
speaker of the house and the president of the senate shall be for | 14862 |
two years, with each term ending on the same day of the same month | 14863 |
as did the term that it succeeds. The members appointed by the | 14864 |
speaker of the house and the president of the senate may be | 14865 |
reappointed. Any member appointed from the house of | 14866 |
representatives or senate who ceases to be a member of the | 14867 |
legislative house from which the member was appointed shall cease | 14868 |
to be a member of the commission. Vacancies among appointed | 14869 |
members shall be filled in the manner provided for original | 14870 |
appointments. Any member appointed to fill a vacancy occurring | 14871 |
prior to the expiration date of the term for which a predecessor | 14872 |
was appointed shall hold office as a member for the remainder of | 14873 |
that term. The members appointed by the speaker of the house and | 14874 |
the president of the senate shall continue in office subsequent to | 14875 |
the expiration date of that member's term until a successor takes | 14876 |
office or until a period of sixty days has elapsed, whichever | 14877 |
occurs first. | 14878 |
(C)(1) The commission shall be under the supervision of an | 14879 |
executive director who shall be appointed by the commission. The | 14880 |
executive director shall serve at the pleasure of the commission | 14881 |
and shall direct commission employees in the administration of all | 14882 |
programs for the provision of financial and other assistance to | 14883 |
school districts and other educational institutions for the | 14884 |
acquisition and utilization of educational technology. | 14885 |
(2) The employees of the Ohio SchoolNet commission shall be | 14886 |
placed in the unclassified service. The commission shall fix the | 14887 |
compensation of the executive director. The executive director | 14888 |
shall employ and fix the compensation for such employees as | 14889 |
necessary to facilitate the activities and purposes of the | 14890 |
commission. The employees shall serve at the pleasure of the | 14891 |
executive director. | 14892 |
(3) The employees of the Ohio SchoolNet commission shall be | 14893 |
exempt from Chapter 4117. of the Revised Code and shall not be | 14894 |
public employees as defined in section 4117.01 of the Revised | 14895 |
Code. | 14896 |
(D) The Ohio SchoolNet commission shall do all of the | 14897 |
following: | 14898 |
(1) Make grants to institutions and other organizations as | 14899 |
prescribed by the general assembly for the provision of technical | 14900 |
assistance, professional development, and other support services | 14901 |
to enable school districts, community schools established under | 14902 |
Chapter 3314. of the Revised Code, and other educational | 14903 |
institutions to utilize educational technology; | 14904 |
(2) Contract with the department of education, state | 14905 |
institutions of higher education, private nonprofit institutions | 14906 |
of higher education holding certificates of authorization under | 14907 |
section 1713.02 of the Revised Code, and such other public or | 14908 |
private entities as the executive director deems necessary for the | 14909 |
administration and implementation of the programs under the | 14910 |
commission's jurisdiction; | 14911 |
(3) Establish a reporting system to which school districts, | 14912 |
community schools established under Chapter 3314. of the Revised | 14913 |
Code, and other educational institutions receiving financial | 14914 |
assistance pursuant to this section for the acquisition of | 14915 |
educational technology report information as to the manner in | 14916 |
which such assistance was expended, the manner in which the | 14917 |
equipment or services purchased with the assistance is being | 14918 |
utilized, the results or outcome of this utilization, and other | 14919 |
information as may be required by the commission; | 14920 |
(4) Establish necessary guidelines governing purchasing and | 14921 |
procurement by participants in programs administered by the | 14922 |
commission that facilitate the timely and effective implementation | 14923 |
of such programs; | 14924 |
(5) Take into consideration the efficiency and cost savings | 14925 |
of statewide procurement prior to allocating and releasing funds | 14926 |
for any programs under its administration. | 14927 |
(E)(1) The executive director shall implement policies and | 14928 |
directives issued by the Ohio SchoolNet commission. | 14929 |
(2) The Ohio SchoolNet commission may establish a systems | 14930 |
support network to facilitate the timely implementation of the | 14931 |
programs, projects, or activities for which it provides | 14932 |
assistance. | 14933 |
(3) Chapters 123., 124., 125., and 153., and sections 9.331, | 14934 |
9.332, and 9.333 of the Revised Code do not apply to contracts, | 14935 |
programs, projects, or activities of the Ohio SchoolNet | 14936 |
commission. | 14937 |
Sec. 3301.85. (A) The OhioReads office is hereby | 14938 |
established within the department of education. The office shall | 14939 |
be under the supervision of an executive
| 14940 |
who shall be appointed by the superintendent of public | 14941 |
instruction, with the advice and consent of the OhioReads council. | 14942 |
The executive
| 14943 |
of and report to the superintendent, but shall discharge the | 14944 |
position according to guidelines issued by the council and shall | 14945 |
perform any task designated by the council. The executive | 14946 |
| 14947 |
that position and shall hold no other position within the | 14948 |
department. The superintendent may hire additional staff for the | 14949 |
office and shall fix the compensation of such employees as | 14950 |
necessary to facilitate the activities and purposes of the office. | 14951 |
All such employee positions shall be administrative staff | 14952 |
positions, and all persons employed in those positions shall serve | 14953 |
at the pleasure of the superintendent and shall not be subject to | 14954 |
the provisions of Chapter 4117. of the Revised Code. The | 14955 |
department shall provide the executive
| 14956 |
any additional staff hired by the superintendent with offices | 14957 |
within the department's office space. | 14958 |
(B) Any employee of the OhioReads office who is a member of | 14959 |
a bargaining unit on the effective date of this amendment shall | 14960 |
retain that status. However, when any position encumbered by such | 14961 |
employee is vacated for any reason, the position shall cease to be | 14962 |
subject to any provision of Chapter 4117. of the Revised Code, and | 14963 |
any person hired to fill such position after the effective date of | 14964 |
this amendment shall be hired in accordance with division (A) of | 14965 |
this section as that division exists after the effective date of | 14966 |
this amendment. | 14967 |
Sec. 3302.041. (A) Each school district that in 1999 was | 14968 |
declared to be in a state of academic emergency, under an academic | 14969 |
watch, or in need of continuous improvement under section 3302.03 | 14970 |
of the Revised Code and that is projected to receive any parity | 14971 |
aid payments under section 3317.0217 of the Revised Code for | 14972 |
either of the two fiscal years beginning July 1, 2001, or July 1, | 14973 |
2002, shall amend its continuous improvement plan required under | 14974 |
section 3302.04 of the Revised Code to include a budget for | 14975 |
expending the parity aid for either of those two fiscal years that | 14976 |
the district is projected to receive such aid. For each year | 14977 |
included in the budget, the district shall allocate the full | 14978 |
amount of projected parity aid among one or more of the following: | 14979 |
(1) Upgrading, or purchasing additional classroom equipment, | 14980 |
materials, textbooks, or technology; | 14981 |
(2) Lowering the teacher/student ratios in additional | 14982 |
classrooms; | 14983 |
(3) Providing additional advanced curriculum opportunities; | 14984 |
(4) Providing additional electives or required courses for | 14985 |
graduation; | 14986 |
(5) Increasing the number of days of professional | 14987 |
development; | 14988 |
(6) Providing all-day kindergarten to more students; | 14989 |
(7) Providing preschool to more students; | 14990 |
(8) Providing additional programming and services for | 14991 |
special student populations such as gifted, disadvantaged, or | 14992 |
disabled students; | 14993 |
(9) Providing new programs or increasing the number of | 14994 |
students served by existing programs to prevent academic failure | 14995 |
or to intervene in the case of students in danger of academic | 14996 |
failure, such as tutoring or summer school programs. | 14997 |
(B) For each expenditure of parity aid allocated in the | 14998 |
budget under division (A) of this section, the district's amended | 14999 |
continuous improvement plan shall describe: | 15000 |
(1) How the expenditure will result in new programs or | 15001 |
opportunities, or an expanded availability of programs or | 15002 |
opportunities to more students, and will not simply fund existing | 15003 |
programs with parity aid instead of general revenue fund moneys or | 15004 |
other district income. | 15005 |
(2) How the proposed expenditure is expected to enhance the | 15006 |
district's continuous improvement plan, improve the district's | 15007 |
academic success, and promote the district's achievement of the | 15008 |
standard unit of improvement required by the department of | 15009 |
education under rules adopted pursuant to section 3302.04 of the | 15010 |
Revised Code. | 15011 |
(C) A copy of each amended continuous improvement plan | 15012 |
required to contain a budget under this section shall be submitted | 15013 |
to the department by September 1, 2001. The department, beginning | 15014 |
July 1, 2002, shall assess a random sampling of the districts in | 15015 |
each of fiscal years 2003 and 2004 to determine whether the | 15016 |
district did in fact make the expenditures included in its | 15017 |
proposed parity aid budget during the preceding fiscal year. | 15018 |
(D) If in either year, the department finds that a district | 15019 |
did not spend its preceding year's parity aid funds in the manner | 15020 |
specified in the budget for that year, it shall notify the state | 15021 |
board of education of its findings and shall subtract the amount | 15022 |
of any parity aid funds not spent in the manner specified in the | 15023 |
budget from any parity aid otherwise due to the district under | 15024 |
section 3317.0217 of the Revised Code in the current fiscal | 15025 |
year. If payments are reduced to any district under this division, | 15026 |
the department shall continue to assess the expenditures of such | 15027 |
district in each ensuing year and shall continue to make | 15028 |
deductions in accordance with this section until such year as the | 15029 |
district is found to be in compliance with this section. | 15030 |
(E) Whenever the department reexamines the status of school | 15031 |
districts under division (A) of section 3302.03 of the Revised | 15032 |
Code, it shall require all districts expected to receive parity | 15033 |
aid payments and determined either to need continuous improvement, | 15034 |
be under an academic watch, or be in a state of academic emergency | 15035 |
to submit their three-year continuous improvement plans to the | 15036 |
department and to include as an integral part of such plans, | 15037 |
budgets meeting the requirements of divisions (A) and (B) of this | 15038 |
section. The department shall annually assess a random sampling of | 15039 |
all such districts and withhold parity aid payments from | 15040 |
noncomplying districts in the same manner as required under | 15041 |
divisions (C) and (D) of this section. | 15042 |
(F) At any time, for good cause and with the approval of the | 15043 |
department, a school district may amend a budget adopted under | 15044 |
this section. Any such amendment, however, shall provide that any | 15045 |
parity aid payments the district proposes not to spend on one of | 15046 |
the items listed in division (A) of this section are instead | 15047 |
reallocated to other items listed in such division. | 15048 |
(G) The superintendent of public instruction may authorize a | 15049 |
school district to spend parity aid payments for a purpose not | 15050 |
listed in division (A) of this section upon request of the | 15051 |
district if the superintendent considers it appropriate. | 15052 |
Sec. 3303.01. Except when utilized in Chapter 3311. of the | 15053 |
Revised Code, whenever the term vocational education occurs | 15054 |
anywhere in the Revised Code, it shall be deemed to refer to | 15055 |
career-technical education, except that joint vocational school | 15056 |
districts shall continue to be styled as and shall maintain their | 15057 |
legal existence as either joint vocational school districts or | 15058 |
vocational school districts pursuant to section 3311.01. | 15059 |
Sec. 3305.061. Notwithstanding section 171.07 and division | 15060 |
(D) of section 3305.06 of the Revised Code, the percentage of an | 15061 |
electing employee's compensation contributed by a public | 15062 |
institution of higher education under division (D) of section | 15063 |
3305.06 of the Revised Code shall not exceed the percentage of | 15064 |
compensation transferred under section 145.87, 3307.84, or 3309.88 | 15065 |
of the Revised Code, as appropriate, by the state retirement | 15066 |
system that otherwise applies to the electing employee's position. | 15067 |
A change in the percentage of compensation contributed under | 15068 |
division (D) of section 3305.06 of the Revised Code, as required | 15069 |
by this section, shall take effect on the same day a change in the | 15070 |
percentage of compensation takes effect under section 145.87, | 15071 |
3307.84, or 3309.88 of the Revised Code, as appropriate. | 15072 |
Sec. 3307.05. The state teachers retirement board shall | 15073 |
consist of the following nine members: | 15074 |
(A) The superintendent of public instruction; | 15075 |
(B) The auditor of state; | 15076 |
(C) The attorney general; | 15077 |
(D) Five members, known as teacher members, who shall be | 15078 |
members of the state teachers retirement system; | 15079 |
(E) A former member of the system, known as the retired | 15080 |
teacher member, who shall be a superannuate and who is not | 15081 |
otherwise employed in a position requiring the retired teacher | 15082 |
member to make contributions to the system. | 15083 |
Sec. 3311.057. (A) Any educational service center that is | 15084 |
formed by merging two or more educational service centers or | 15085 |
former county school districts after July 1, 1995, but prior to | 15086 |
July 1,
| 15087 |
governing
board
| 15088 |
elected at large or by subdistrict, provided each board shall have | 15089 |
an odd number of members. | 15090 |
(B) If an educational service center described in division | 15091 |
(A) of this section is formed on or after the effective date of | 15092 |
this section, the
governing board
| 15093 |
center that is merging to form the new service center shall | 15094 |
include identical provisions for electing the new service center's | 15095 |
governing board in its resolution adopted pursuant to division (A) | 15096 |
of section 3311.053 of the Revised Code. If there is any | 15097 |
transition period between the effective date of the merger of the | 15098 |
service centers and the assumption of control of the new service | 15099 |
center by the new board, the resolutions shall include provisions | 15100 |
for an interim governing board which shall be appointed to govern | 15101 |
the service center until the time the new board is elected and | 15102 |
assumes control of the service center. | 15103 |
(C) If an educational service center described in division | 15104 |
(A) of this section was formed prior to the effective date of this | 15105 |
section, the governing board of the service center may adopt at | 15106 |
any time prior to
July 1,
| 15107 |
provisions for changing the number of members and the manner of | 15108 |
electing its board and provisions for any transitional period | 15109 |
between the abolition of the existing board and the assumption of | 15110 |
control by the new board. | 15111 |
(D) Any provisions for electing a governing board adopted | 15112 |
pursuant to division (B) or (C) of this section may provide for | 15113 |
the election of members at large, may provide for the | 15114 |
establishment of subdistricts within the district, or may require | 15115 |
some members to be elected at large and some to be elected from | 15116 |
subdistricts. If subdistricts are included, the resolutions shall | 15117 |
specify the manner in which their boundaries are to be drawn. The | 15118 |
provisions shall attempt to ensure that each elected member of the | 15119 |
board represents an equal number of residents of the service | 15120 |
center. To accomplish this, any subdistrict containing a multiple | 15121 |
of the number of electors in another subdistrict, may elect | 15122 |
at-large within that subdistrict, a number of board members equal | 15123 |
to the multiple that its population is of the population of the | 15124 |
other subdistrict. | 15125 |
(E) The provisions for selecting board members set forth in | 15126 |
the latest resolution adopted pursuant to division (B) or (C) of | 15127 |
this section prior to
July 1,
| 15128 |
of
electing
| 15129 |
center. | 15130 |
Sec. 3311.058. Notwithstanding anything to the contrary in | 15131 |
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly, | 15132 |
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter | 15133 |
3311. of the Revised Code, no educational service center shall be | 15134 |
required to merge in order to achieve any prescribed minimum | 15135 |
average daily membership if such a merger will cause the territory | 15136 |
of the resultant joint educational service center to comprise more | 15137 |
than eight hundred square miles. | 15138 |
Sec. 3311.062. Notwithstanding anything prohibiting the | 15139 |
existence of school districts with noncontiguous territory in | 15140 |
section 3311.06 or 3311.37 of the Revised Code or in any other | 15141 |
section of this chapter, a new school district may be formed under | 15142 |
this chapter after the effective date of this section from the | 15143 |
territory of noncontiguous school districts, provided that the | 15144 |
board of education of any school district containing territory | 15145 |
lying between the noncontiguous portions of such a new school | 15146 |
district adopts a resolution approving the establishment of the | 15147 |
new district. | 15148 |
Sec. 3313.21. The board of education of each city, local, | 15149 |
and exempted village school district shall formulate a written | 15150 |
policy detailing procedures for the identification of gifted | 15151 |
students as defined by rule of the state board of education. | 15152 |
Annually, in accordance with the policy, the school board shall | 15153 |
identify those students enrolled in the district who are gifted | 15154 |
children. | 15155 |
Each school district may offer multiple strategies, programs, | 15156 |
or services for identified gifted students. A district may employ | 15157 |
flexible instructional grouping in the delivery of educational | 15158 |
services for identified gifted students. Student grouping options | 15159 |
may be based on student interests, abilities, or needs. Grouping | 15160 |
alternatives may include any of the following: | 15161 |
(A) Cluster grouping with curriculum differentiation; | 15162 |
(B) Advanced placement and honors courses; | 15163 |
(C) Special schools; | 15164 |
(D) Self-contained classrooms; | 15165 |
(E) Cross-grade-level grouping for subject-area instruction; | 15166 |
(F) Resource rooms. | 15167 |
Sec. 3313.37. (A)(1) The board of education of any city, | 15168 |
local, or exempted village school district may build, enlarge, | 15169 |
repair, and furnish the necessary schoolhouses, purchase or lease | 15170 |
sites therefor, or rights-of-way thereto, or purchase or lease | 15171 |
real estate to be used as playgrounds for children or rent | 15172 |
suitable schoolrooms, either within or without the district, and | 15173 |
provide the necessary apparatus and make all other necessary | 15174 |
provisions for the schools under its control.
| 15175 |
15176 | |
15177 | |
15178 | |
15179 | |
15180 | |
15181 | |
15182 |
(2) A governing board of an educational service center may | 15183 |
acquire, lease, or enter into a contract to purchase, lease, or | 15184 |
sell real and personal property and may construct, enlarge, | 15185 |
repair, renovate, furnish, or equip facilities, buildings, or | 15186 |
structures for the educational service center's purposes. The | 15187 |
board may enter into loan agreements, including mortgages, for the | 15188 |
acquisition of such property. If a governing board exercises any | 15189 |
of these powers to acquire office or classroom space, the board of | 15190 |
county commissioners has no obligation to provide and equip | 15191 |
offices and to provide heat, light, water, and janitorial services | 15192 |
for the use of the service center pursuant to section 3319.19 of | 15193 |
the Revised Code, unless there is a contract as provided by | 15194 |
division (D) of that section. | 15195 |
(3) A board of county commissioners may issue securities of | 15196 |
the county pursuant to Chapter 133. of the Revised Code for the | 15197 |
acquisition of real and personal property or for the construction, | 15198 |
enlargement, repair, or renovation of facilities, buildings, or | 15199 |
structures by an educational service center, but only if the | 15200 |
county has a contract under division (D) of section 3319.19 of the | 15201 |
Revised Code with the educational service center whereby the | 15202 |
educational service center agrees to pay the county an amount | 15203 |
equal to the debt charges on the issued securities on or before | 15204 |
the date those charges fall due. For the purposes of this | 15205 |
section, "debt charges" and "securities" have the same meanings as | 15206 |
in section 133.01 of the Revised Code. | 15207 |
(B)(1) Boards of education of city, local, and exempted | 15208 |
village school districts may acquire land by gift or devise, by | 15209 |
purchase, or by appropriation. Lands purchased may be purchased | 15210 |
for cash, by installment payments, with or without a mortgage, by | 15211 |
entering into lease-purchase agreements, or by lease with an | 15212 |
option to purchase, provided that if the purchase price is to be | 15213 |
paid over a period of time, such payments shall not extend for a | 15214 |
period of more than five years. A special tax levy may be | 15215 |
authorized by the voters of the school district in accordance with | 15216 |
section 5705.21 of the Revised Code to provide a special fund to | 15217 |
meet the future time payments. | 15218 |
(2) For the purposes of section 5705.21 of the Revised Code, | 15219 |
acquisition of land under the provisions of this division shall be | 15220 |
considered a necessary requirement of the school district. | 15221 |
(3) Boards of education of city, local, and exempted village | 15222 |
school districts may acquire federal land at a discount by a | 15223 |
lease-purchase agreement for use as a site for the construction of | 15224 |
educational facilities or for other related purposes. External | 15225 |
administrative and other costs pertaining to the acquisition of | 15226 |
federal land at a discount may be paid from funds available to the | 15227 |
school district for operating purposes. Such boards of education | 15228 |
may also acquire federal land by lease-purchase agreements, by | 15229 |
negotiation, or otherwise. | 15230 |
(4) As used in this division: | 15231 |
(a) "Office equipment" includes but is not limited to | 15232 |
typewriters, copying and duplicating equipment, and computer and | 15233 |
data processing equipment. | 15234 |
(b) "Software for instructional purposes" includes computer | 15235 |
programs usable for computer assisted instruction, computer | 15236 |
managed instruction, drill and practice, and problem simulations. | 15237 |
A board of education or governing board of an educational | 15238 |
service center may acquire the necessary office equipment, and | 15239 |
computer hardware and software for instructional purposes, for the | 15240 |
schools under its control by purchase, by lease, by installment | 15241 |
payments, by entering into lease-purchase agreements, or by lease | 15242 |
with an option to purchase. In the case of a city, exempted | 15243 |
village, or local school district, if the purchase price is to be | 15244 |
paid over a period of time, the contract setting forth the terms | 15245 |
of such purchase shall be considered a continuing contract | 15246 |
pursuant to section 5705.41 of the Revised Code. Payments shall | 15247 |
not extend for a period of more than five years. Costs relating | 15248 |
to the acquisition of necessary apparatus may be paid from funds | 15249 |
available to the school district or educational service center for | 15250 |
operating purposes. | 15251 |
(5) A board of education or governing board of an | 15252 |
educational service center may acquire the necessary equipment for | 15253 |
the maintenance or physical upkeep of facilities and land under | 15254 |
its control by entering into lease-purchase agreements. If | 15255 |
payments under the lease-purchase agreement are to be made over a | 15256 |
period of time, the agreement shall be considered a continuing | 15257 |
contract pursuant to section 5705.41 of the Revised Code, and such | 15258 |
payments shall not extend for a period of more than five years. | 15259 |
Sec. 3313.41. (A) Except as provided in divisions (C), (D), | 15260 |
| 15261 |
decides to dispose of real or personal property that it owns in | 15262 |
its corporate capacity, and that exceeds in value ten thousand | 15263 |
dollars, it shall sell the property at public auction, after | 15264 |
giving at least thirty days' notice of the auction by publication | 15265 |
in a newspaper of general circulation or by posting notices in | 15266 |
five of the most public places in the school district in which the | 15267 |
property, if it is real property, is situated, or, if it is | 15268 |
personal property, in the school district of the board of | 15269 |
education that owns the property. The board may offer real | 15270 |
property for sale as an entire tract or in parcels. | 15271 |
(B) When the board of education has offered real or personal | 15272 |
property for sale at public auction at least once pursuant to | 15273 |
division (A) of this section, and the property has not been sold, | 15274 |
the board may sell it at a private sale. Regardless of how it was | 15275 |
offered at public auction, at a private sale, the board shall, as | 15276 |
it considers best, sell real property as an entire tract or in | 15277 |
parcels, and personal property in a single lot or in several lots. | 15278 |
(C) If a board of education decides to dispose of real or | 15279 |
personal property that it owns in its corporate capacity and that | 15280 |
exceeds in value ten thousand dollars, it may sell the property to | 15281 |
the adjutant general; to any subdivision or taxing authority as | 15282 |
respectively defined in divisions (A) and (C) of section 5705.01 | 15283 |
of the Revised Code, township park district, board of park | 15284 |
commissioners established under Chapter 755. of the Revised Code, | 15285 |
or park district established under Chapter 1545. of the Revised | 15286 |
Code; to a wholly or partially tax-supported university, | 15287 |
university branch, or college; or to the board of trustees of a | 15288 |
school district library, upon such terms as are agreed upon. The | 15289 |
sale of real or personal property to the board of trustees of a | 15290 |
school district library is limited, in the case of real property, | 15291 |
to a school district library within whose boundaries the real | 15292 |
property is situated, or, in the case of personal property, to a | 15293 |
school district library whose boundaries lie in whole or in part | 15294 |
within the school district of the selling board of education. | 15295 |
(D) When a board of education decides to trade as a part or | 15296 |
an entire consideration, an item of personal property on the | 15297 |
purchase price of an item of similar personal property, it may | 15298 |
trade the same upon such terms as are agreed upon by the parties | 15299 |
to the trade. | 15300 |
(E) The president and the treasurer of the board of | 15301 |
education shall execute and deliver deeds or other necessary | 15302 |
instruments of conveyance to complete any sale or trade under this | 15303 |
section. | 15304 |
(F) When a board of education has identified a parcel of | 15305 |
real property that it determines is needed for school purposes, | 15306 |
the board may, upon a majority vote of the members of the board, | 15307 |
acquire that property by exchanging real property that the board | 15308 |
owns in its corporate capacity for the identified real property or | 15309 |
by using real property that the board owns in its corporate | 15310 |
capacity as part or an entire consideration for the purchase price | 15311 |
of the identified real property. Any exchange or acquisition made | 15312 |
pursuant to this division shall be made by a conveyance executed | 15313 |
by the president and the treasurer of the board. | 15314 |
(G) When a school district board of education decides to | 15315 |
dispose of real property suitable for use as classroom space, | 15316 |
prior to disposing of such property under division (A) through (F) | 15317 |
of this section, it shall first offer that property for sale to | 15318 |
the governing authorities of the start-up community schools, | 15319 |
established under Chapter 3314. of the Revised Code and located | 15320 |
within the territory of the school district, at a price that is | 15321 |
not higher than the appraised fair market value of that property. | 15322 |
If more than one community school governing authority accepts the | 15323 |
offer made by the school district board, the board shall sell the | 15324 |
property to the governing authority that accepted the offer first | 15325 |
in time. If no community school governing authority accepts the | 15326 |
offer within sixty days after the offer is made by the school | 15327 |
district board, the board may dispose of the property in the | 15328 |
applicable manner prescribed under divisions (A) to (F) of this | 15329 |
section. | 15330 |
Sec. 3313.603. (A) As used in this section: | 15331 |
(1) "One unit" means a minimum of one hundred twenty hours | 15332 |
of course instruction, except that for a laboratory course, "one | 15333 |
unit" means a minimum of one hundred fifty hours of course | 15334 |
instruction. | 15335 |
(2) "One-half unit" means a minimum of sixty hours of course | 15336 |
instruction, except that for physical education courses, "one-half | 15337 |
unit" means a minimum of one hundred twenty hours of course | 15338 |
instruction. | 15339 |
(B) Beginning September 15, 2001, the requirements for | 15340 |
graduation from every high school shall include
| 15341 |
units earned in grades nine through twelve and shall be | 15342 |
distributed as follows: | 15343 |
(1) English language arts, four units; | 15344 |
(2) Health, one-half unit; | 15345 |
(3) Mathematics, three units; | 15346 |
(4) Physical education, one-half unit; | 15347 |
(5) Science, two units until September 15, 2003, and three | 15348 |
units thereafter, which at all times shall include both of the | 15349 |
following: | 15350 |
(a) Biological sciences, one unit; | 15351 |
(b) Physical sciences, one unit. | 15352 |
(6) Social studies, three units, which shall include both of | 15353 |
the following: | 15354 |
(a) American history, one-half unit; | 15355 |
(b) American government, one-half unit. | 15356 |
(7) Elective units,
| 15357 |
2003, and
| 15358 |
Each student's electives shall include at least one unit, or | 15359 |
two half units, chosen from among the areas of | 15360 |
business/technology, fine arts, and/or foreign language. | 15361 |
(C) Every high school may permit students below the ninth | 15362 |
grade to take advanced work for credit. A high school shall count | 15363 |
such advanced work toward the graduation requirements of division | 15364 |
(B) of this section if the advanced work was both: | 15365 |
(1) Taught by a person who possesses a license or | 15366 |
certificate issued under section 3301.071, 3319.22, or 3319.222 of | 15367 |
the Revised Code that is valid for teaching high school; | 15368 |
(2) Designated by the board of education of the city, local, | 15369 |
or exempted village school district, the board of the cooperative | 15370 |
education school district, or the governing authority of the | 15371 |
chartered nonpublic school as meeting the high school curriculum | 15372 |
requirements. | 15373 |
(D) Units earned in English language arts, mathematics, | 15374 |
science, and social studies that are delivered through integrated | 15375 |
academic and technical instruction are eligible to meet the | 15376 |
graduation requirements of division (B) of this section. | 15377 |
Sec. 3313.64. (A) As used in this section and in section | 15378 |
3313.65 of the Revised Code: | 15379 |
(1) "Parent" means either parent, unless the parents are | 15380 |
separated or divorced or their marriage has been dissolved or | 15381 |
annulled, in which case "parent" means the parent who is the | 15382 |
residential parent and legal custodian of the child. When a child | 15383 |
is in the legal custody of a government agency or a person other | 15384 |
than the child's natural or adoptive parent, "parent" means the | 15385 |
parent with residual parental rights, privileges, and | 15386 |
responsibilities. When a child is in the permanent custody of a | 15387 |
government agency or a person other than the child's natural or | 15388 |
adoptive parent, "parent" means the parent who was divested of | 15389 |
parental rights and responsibilities for the care of the child and | 15390 |
the right to have the child live with the parent and be the legal | 15391 |
custodian of the child and all residual parental rights, | 15392 |
privileges, and responsibilities. | 15393 |
(2) "Legal custody," "permanent custody," and "residual | 15394 |
parental rights, privileges, and responsibilities" have the same | 15395 |
meanings as in section 2151.011 of the Revised Code. | 15396 |
(3) "School district" or "district" means a city, local, or | 15397 |
exempted village school district and excludes any school operated | 15398 |
in an institution maintained by the department of youth services. | 15399 |
(4) Except as used in division (C)(2) of this section, | 15400 |
"home" means a home, institution, foster home, group home, or | 15401 |
other residential facility in this state that receives and cares | 15402 |
for children, to which any of the following applies: | 15403 |
(a) The home is licensed, certified, or approved for such | 15404 |
purpose by the state or is maintained by the department of youth | 15405 |
services. | 15406 |
(b) The home is operated by a person who is licensed, | 15407 |
certified, or approved by the state to operate the home for such | 15408 |
purpose. | 15409 |
(c) The home accepted the child through a placement by a | 15410 |
person licensed, certified, or approved to place a child in such a | 15411 |
home by the state. | 15412 |
(d) The home is a children's home created under section | 15413 |
5153.21 or 5153.36 of the Revised Code. | 15414 |
(5) "Agency" means all of the following: | 15415 |
(a) A public children services agency; | 15416 |
(b) An organization that holds a certificate issued by the | 15417 |
Ohio department of job and family services in accordance with the | 15418 |
requirements of section 5103.03 of the Revised Code and assumes | 15419 |
temporary or permanent custody of children through commitment, | 15420 |
agreement, or surrender, and places children in family homes for | 15421 |
the purpose of adoption; | 15422 |
(c) Comparable agencies of other states or countries that | 15423 |
have complied with applicable requirements of section 2151.39, or | 15424 |
sections 5103.20 to 5103.28 of the Revised Code. | 15425 |
(6) A child is placed for adoption if either of the | 15426 |
following occurs: | 15427 |
(a) An agency to which the child has been permanently | 15428 |
committed or surrendered enters into an agreement with a person | 15429 |
pursuant to section 5103.16 of the Revised Code for the care and | 15430 |
adoption of the child. | 15431 |
(b) The child's natural parent places the child pursuant to | 15432 |
section 5103.16 of the Revised Code with a person who will care | 15433 |
for and adopt the child. | 15434 |
(7) "Handicapped preschool child" means a handicapped child, | 15435 |
as defined by division (A) of section 3323.01 of the Revised Code, | 15436 |
who is at least three years of age but is not of compulsory school | 15437 |
age, as defined in section 3321.01 of the Revised Code, and who is | 15438 |
not currently enrolled in kindergarten. | 15439 |
(8) "Child," unless otherwise indicated, includes handicapped | 15440 |
preschool children. | 15441 |
(B) Except as otherwise provided in section 3321.01 of the | 15442 |
Revised Code for admittance to kindergarten and first grade, a | 15443 |
child who is at least five but under twenty-two years of age and | 15444 |
any handicapped preschool child shall be admitted to school as | 15445 |
provided in this division. | 15446 |
(1) A child shall be admitted to the schools of the school | 15447 |
district in which the child's parent resides. | 15448 |
(2) A child who does not reside in the district where the | 15449 |
child's parent resides shall be admitted to the schools of the | 15450 |
district in which the child resides if any of the following | 15451 |
applies: | 15452 |
(a) The child is in the legal or permanent custody of a | 15453 |
government agency or a person other than the child's natural or | 15454 |
adoptive parent. | 15455 |
(b) The child resides in a home. | 15456 |
(c) The child requires special education. | 15457 |
(3) A child who is not entitled under division (B)(2) of | 15458 |
this section to be admitted to the schools of the district where | 15459 |
the child resides and who is residing with a resident of this | 15460 |
state with whom the child has been placed for adoption shall be | 15461 |
admitted to the schools of the district where the child resides | 15462 |
unless either of the following applies: | 15463 |
(a) The placement for adoption has been terminated. | 15464 |
(b) Another school district is required to admit the child | 15465 |
under division (B)(1) of this section. | 15466 |
Division (B) of this section does not prohibit the board of | 15467 |
education of a school district from placing a handicapped child | 15468 |
who resides in the district in a special education program outside | 15469 |
of the district or its schools in compliance with Chapter 3323. of | 15470 |
the Revised Code. | 15471 |
(C) A district shall not charge tuition for children | 15472 |
admitted under division (B)(1) or (3) of this section. If the | 15473 |
district admits a child under division (B)(2) of this section, | 15474 |
tuition shall be paid to the district that admits the child as | 15475 |
follows: | 15476 |
(1) If the child receives special education in accordance | 15477 |
with Chapter 3323. of the Revised Code, tuition shall be paid in | 15478 |
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of | 15479 |
the Revised Code regardless of who has custody of the child or | 15480 |
whether the child resides in a home. | 15481 |
(2) Except as otherwise provided in division (C)(2)(d) of | 15482 |
this section, if the child is in the permanent or legal custody of | 15483 |
a government agency or person other than the child's parent, | 15484 |
tuition shall be paid by: | 15485 |
(a) The district in which the child's parent resided at the | 15486 |
time the court removed the child from home or at the time the | 15487 |
court vested legal or permanent custody of the child in the person | 15488 |
or government agency, whichever occurred first; | 15489 |
(b) If the parent's residence at the time the court removed | 15490 |
the child from home or placed the child in the legal or permanent | 15491 |
custody of the person or government agency is unknown, tuition | 15492 |
shall be paid by the district in which the child resided at the | 15493 |
time the child was removed from home or placed in legal or | 15494 |
permanent custody, whichever occurred first; | 15495 |
(c) If a school district cannot be established under | 15496 |
division (C)(2)(a) or (b) of this section, tuition shall be paid | 15497 |
by the district determined as required by section 2151.357 of the | 15498 |
Revised Code by the court at the time it vests custody of the | 15499 |
child in the person or government agency; | 15500 |
(d) If at the time the court removed the child from home or | 15501 |
vested legal or permanent custody of the child in the person or | 15502 |
government agency, whichever occurred first, one parent was in a | 15503 |
residential or correctional facility or a juvenile residential | 15504 |
placement and the other parent, if living and not in such a | 15505 |
facility or placement, was not known to reside in this state, | 15506 |
tuition shall be paid by the district determined under division | 15507 |
(D) of section 3313.65 of the Revised Code as the district | 15508 |
required to pay any tuition while the parent was in such facility | 15509 |
or placement. | 15510 |
(3) If the child is not in the permanent or legal custody of | 15511 |
a government agency or person other than the child's parent and | 15512 |
the child resides in a home, tuition shall be paid by one of the | 15513 |
following: | 15514 |
(a) The school district in which the child's parent resides; | 15515 |
(b) If the child's parent is not a resident of this state, | 15516 |
the home in which the child resides. | 15517 |
(D) Tuition required to be paid under divisions (C)(2) and | 15518 |
(3)(a) of this section shall be computed in accordance with | 15519 |
section 3317.08 of the Revised Code. Tuition required to be paid | 15520 |
under division (C)(3)(b) of this section shall be computed in | 15521 |
accordance with section 3317.081 of the Revised Code. If a home | 15522 |
fails to pay the tuition required by division (C)(3)(b) of this | 15523 |
section, the board of education providing the education may | 15524 |
recover in a civil action the tuition and the expenses incurred in | 15525 |
prosecuting the action, including court costs and reasonable | 15526 |
attorney's fees. If the prosecuting attorney or city director of | 15527 |
law represents the board in such action, costs and reasonable | 15528 |
attorney's fees awarded by the court, based upon the prosecuting | 15529 |
attorney's, director's, or one of their designee's time spent | 15530 |
preparing and presenting the case, shall be deposited in the | 15531 |
county or city general fund. | 15532 |
(E) A board of education may enroll a child free of any | 15533 |
tuition obligation for a period not to exceed sixty days, on the | 15534 |
sworn statement of an adult resident of the district that the | 15535 |
resident has initiated legal proceedings for custody of the child. | 15536 |
(F) In the case of any individual entitled to attend school | 15537 |
under this division, no tuition shall be charged by the school | 15538 |
district of attendance and no other school district shall be | 15539 |
required to pay tuition for the individual's attendance. | 15540 |
Notwithstanding division (B), (C), or (E) of this section: | 15541 |
(1) All persons at least eighteen but under twenty-two years | 15542 |
of age who live apart from their parents, support themselves by | 15543 |
their own labor, and have not successfully completed the high | 15544 |
school curriculum or the individualized education program | 15545 |
developed for the person by the high school pursuant to section | 15546 |
3323.08 of the Revised Code, are entitled to attend school in the | 15547 |
district in which they reside. | 15548 |
(2) Any child under eighteen years of age who is married is | 15549 |
entitled to attend school in the child's district of residence. | 15550 |
(3) A child is entitled to attend school in the district in | 15551 |
which either of the child's parents is employed if the child has a | 15552 |
medical condition that may require emergency medical attention. | 15553 |
The parent of a child entitled to attend school under division | 15554 |
(F)(3) of this section shall submit to the board of education of | 15555 |
the district in which the parent is employed a statement from the | 15556 |
child's physician certifying that the child's medical condition | 15557 |
may require emergency medical attention. The statement shall be | 15558 |
supported by such other evidence as the board may require. | 15559 |
(4) Any child residing with a person other than the child's | 15560 |
parent is entitled, for a period not to exceed twelve months, to | 15561 |
attend school in the district in which that person resides if the | 15562 |
child's parent files an affidavit with the superintendent of the | 15563 |
district in which the person with whom the child is living resides | 15564 |
stating all of the following: | 15565 |
(a) That the parent is serving outside of the state in the | 15566 |
armed services of the United States; | 15567 |
(b) That the parent intends to reside in the district upon | 15568 |
returning to this state; | 15569 |
(c) The name and address of the person with whom the child | 15570 |
is living while the parent is outside the state. | 15571 |
(5) Any child under the age of twenty-two years who, after | 15572 |
the death of a parent, resides in a school district other than the | 15573 |
district in which the child attended school at the time of the | 15574 |
parent's death is entitled to continue to attend school in the | 15575 |
district in which the child attended school at the time of the | 15576 |
parent's death for the remainder of the school year, subject to | 15577 |
approval of that district board. | 15578 |
(6) A child under the age of twenty-two years who resides | 15579 |
with a parent who is having a new house built in a school district | 15580 |
outside the district where the parent is residing is entitled to | 15581 |
attend school for a period of time in the district where the new | 15582 |
house is being built. In order to be entitled to such attendance, | 15583 |
the parent shall provide the district superintendent with the | 15584 |
following: | 15585 |
(a) A sworn statement explaining the situation, revealing | 15586 |
the location of the house being built, and stating the parent's | 15587 |
intention to reside there upon its completion; | 15588 |
(b) A statement from the builder confirming that a new house | 15589 |
is being built for the parent and that the house is at the | 15590 |
location indicated in the parent's statement. | 15591 |
(7) A child under the age of twenty-two years residing with | 15592 |
a parent who has a contract to purchase a house in a school | 15593 |
district outside the district where the parent is residing and who | 15594 |
is waiting upon the date of closing of the mortgage loan for the | 15595 |
purchase of such house is entitled to attend school for a period | 15596 |
of time in the district where the house is being purchased. In | 15597 |
order to be entitled to such attendance, the parent shall provide | 15598 |
the district superintendent with the following: | 15599 |
(a) A sworn statement explaining the situation, revealing | 15600 |
the location of the house being purchased, and stating the | 15601 |
parent's intent to reside there; | 15602 |
(b) A statement from a real estate broker or bank officer | 15603 |
confirming that the parent has a contract to purchase the house, | 15604 |
that the parent is waiting upon the date of closing of the | 15605 |
mortgage loan, and that the house is at the location indicated in | 15606 |
the parent's statement. | 15607 |
The district superintendent shall establish a period of time | 15608 |
not to exceed ninety days during which the child entitled to | 15609 |
attend school under division (F)(6) or (7) of this section may | 15610 |
attend without tuition obligation. A student attending a school | 15611 |
under division (F)(6) or (7) of this section shall be eligible to | 15612 |
participate in interscholastic athletics under the auspices of | 15613 |
that school, provided the board of education of the school | 15614 |
district where the student's parent resides, by a formal action, | 15615 |
releases the student to participate in interscholastic athletics | 15616 |
at the school where the student is attending, and provided the | 15617 |
student receives any authorization required by a public agency or | 15618 |
private organization of which the school district is a member | 15619 |
exercising authority over interscholastic sports. | 15620 |
(8) A child whose parent is a full-time employee of a city, | 15621 |
local, or exempted village school district, or of an educational | 15622 |
service center, may be admitted to the schools of the district | 15623 |
where the child's parent is employed, or in the case of a child | 15624 |
whose parent is employed by an educational service center, in the | 15625 |
district that serves the location where the parent's job is | 15626 |
primarily located, provided the district board of education | 15627 |
establishes such an admission policy by resolution adopted by a | 15628 |
majority of its members. Any such policy shall take effect on the | 15629 |
first day of the school year and the effective date of any | 15630 |
amendment or repeal may not be prior to the first day of the | 15631 |
subsequent school year. The policy shall be uniformly applied to | 15632 |
all such children and shall provide for the admission of any such | 15633 |
child upon request of the parent. No child may be admitted under | 15634 |
this policy after the first day of classes of any school year. | 15635 |
(9) A child who is with the child's parent under the care of | 15636 |
a shelter for victims of domestic violence, as defined in section | 15637 |
3113.33 of the Revised Code, is entitled to attend school free in | 15638 |
the district in which the child is with the child's parent, and no | 15639 |
other school district shall be required to pay tuition for the | 15640 |
child's attendance in that school district. | 15641 |
The enrollment of a child in a school district under this | 15642 |
division shall not be denied due to a delay in the school | 15643 |
district's receipt of any records required under section 3313.672 | 15644 |
of the Revised Code or any other records required for enrollment. | 15645 |
Any days of attendance and any credits earned by a child while | 15646 |
enrolled in a school district under this division shall be | 15647 |
transferred to and accepted by any school district in which the | 15648 |
child subsequently enrolls. The state board of education shall | 15649 |
adopt rules to ensure compliance with this division. | 15650 |
(10) Any child under the age of twenty-two years whose | 15651 |
parent has moved out of the school district after the commencement | 15652 |
of classes in the child's senior year of high school is entitled, | 15653 |
subject to the approval of that district board, to attend school | 15654 |
in the district in which the child attended school at the time of | 15655 |
the parental move for the remainder of the school year and for one | 15656 |
additional semester or equivalent term. A district board may also | 15657 |
adopt a policy specifying extenuating circumstances under which a | 15658 |
student may continue to attend school under division (F)(10) of | 15659 |
this section for an additional period of time in order to | 15660 |
successfully complete the high school curriculum for the | 15661 |
individualized education program developed for the student by the | 15662 |
high school pursuant to section 3323.08 of the Revised Code. | 15663 |
(11) As used in this division, "grandparent" means a parent | 15664 |
of a parent of a child. A child under the age of twenty-two years | 15665 |
who is in the custody of the child's parent, resides with a | 15666 |
grandparent, and does not require special education is entitled to | 15667 |
attend the schools of the district in which the child's | 15668 |
grandparent resides, provided that, prior to such attendance in | 15669 |
any school year, the board of education of the school district in | 15670 |
which the child's grandparent resides and the board of education | 15671 |
of the school district in which the child's parent resides enter | 15672 |
into a written agreement specifying that good cause exists for | 15673 |
such attendance, describing the nature of this good cause, and | 15674 |
consenting to such attendance. | 15675 |
In lieu of a consent form signed by a parent, a board of | 15676 |
education may request the grandparent of a child attending school | 15677 |
in the district in which the grandparent resides pursuant to | 15678 |
division (F)(11) of this section to complete any consent form | 15679 |
required by the district, including any authorization required by | 15680 |
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. | 15681 |
Upon request, the grandparent shall complete any consent form | 15682 |
required by the district. A school district shall not incur any | 15683 |
liability solely because of its receipt of a consent form from a | 15684 |
grandparent in lieu of a parent. | 15685 |
Division (F)(11) of this section does not create, and shall | 15686 |
not be construed as creating, a new cause of action or substantive | 15687 |
legal right against a school district, a member of a board of | 15688 |
education, or an employee of a school district. This section does | 15689 |
not affect, and shall not be construed as affecting, any | 15690 |
immunities from defenses to tort liability created or recognized | 15691 |
by Chapter 2744. of the Revised Code for a school district, | 15692 |
member, or employee. | 15693 |
(12) A child under the age of twenty-two years is entitled | 15694 |
to attend school in a school district other than the district in | 15695 |
which the child is entitled to attend school under division (B), | 15696 |
(C), or (E) of this section provided that, prior to such | 15697 |
attendance in any school year, both of the following occur: | 15698 |
(a) The superintendent of the district in which the child is | 15699 |
entitled to attend school under division (B), (C), or (E) of this | 15700 |
section contacts the superintendent of another district for | 15701 |
purposes of this division; | 15702 |
(b) The superintendents of both districts enter into a | 15703 |
written agreement that consents to the attendance and specifies | 15704 |
that the purpose of such attendance is to protect the student's | 15705 |
physical or mental well-being or to deal with other extenuating | 15706 |
circumstances deemed appropriate by the superintendents. | 15707 |
While an agreement is in effect under this division for a | 15708 |
student who is not receiving special education under Chapter 3323. | 15709 |
of the Revised Code and notwithstanding Chapter 3327. of the | 15710 |
Revised Code, the board of education of neither school district | 15711 |
involved in the agreement is required to provide transportation | 15712 |
for the student to and from the school where the student attends. | 15713 |
A student attending a school of a district pursuant to this | 15714 |
division shall be allowed to participate in all student | 15715 |
activities, including interscholastic athletics, at the school | 15716 |
where the student is attending on the same basis as any student | 15717 |
who has always attended the schools of that district while of | 15718 |
compulsory school age. | 15719 |
(13) For as long as this state receives grants under the | 15720 |
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 15721 |
seq., for the education of homeless children, each city, local, | 15722 |
and exempted village school district shall comply with the | 15723 |
requirements of that act governing the provision of a free, | 15724 |
appropriate public education, including public preschool, to each | 15725 |
homeless child. | 15726 |
(G) A board of education, after approving admission, may | 15727 |
waive tuition for students who will temporarily reside in the | 15728 |
district and who are either of the following: | 15729 |
(1) Residents or domiciliaries of a foreign nation who | 15730 |
request admission as foreign exchange students; | 15731 |
(2) Residents or domiciliaries of the United States but not | 15732 |
of Ohio who request admission as participants in an exchange | 15733 |
program operated by a student exchange organization. | 15734 |
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, | 15735 |
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may | 15736 |
attend school or participate in a special education program in a | 15737 |
school district other than in the district where the child is | 15738 |
entitled to attend school under division (B) of this section. | 15739 |
(I) This division does not apply to a child receiving | 15740 |
special education. | 15741 |
A school district required to pay tuition pursuant to | 15742 |
division (C)(2) or (3) of this section or section 3313.65 of the | 15743 |
Revised Code shall have an amount deducted under division (F) of | 15744 |
section 3317.023 of the Revised Code equal to its own tuition rate | 15745 |
for the same period of attendance. A school district entitled to | 15746 |
receive tuition pursuant to division (C)(2) or (3) of this section | 15747 |
or section 3313.65 of the Revised Code shall have an amount | 15748 |
credited under division (F) of section 3317.023 of the Revised | 15749 |
Code equal to its own tuition rate for the same period of | 15750 |
attendance. If the tuition rate credited to the district of | 15751 |
attendance exceeds the rate deducted from the district required to | 15752 |
pay tuition, the department of education shall pay the district of | 15753 |
attendance the difference from amounts deducted from all | 15754 |
districts' payments under division (F) of section 3317.023 of the | 15755 |
Revised Code but not credited to other school districts under such | 15756 |
division and from appropriations made for such purpose. The | 15757 |
treasurer of each school district shall, by the fifteenth day of | 15758 |
January and July, furnish the superintendent of public instruction | 15759 |
a report of the names of each child who attended the district's | 15760 |
schools under divisions (C)(2) and (3) of this section or section | 15761 |
3313.65 of the Revised Code during the preceding six calendar | 15762 |
months, the duration of the attendance of those children, the | 15763 |
school district responsible for tuition on behalf of the child, | 15764 |
and any other information that the superintendent requires. | 15765 |
Upon receipt of the report the superintendent, pursuant to | 15766 |
division (F) of section 3317.023 of the Revised Code, shall deduct | 15767 |
each district's tuition obligations under divisions (C)(2) and (3) | 15768 |
of this section or section 3313.65 of the Revised Code and pay to | 15769 |
the district of attendance that amount plus any amount required to | 15770 |
be paid by the state. | 15771 |
(J) In the event of a disagreement, the superintendent of | 15772 |
public instruction shall determine the school district in which | 15773 |
the parent resides. | 15774 |
(K) Nothing in this section requires or authorizes, or shall | 15775 |
be construed to require or authorize, the admission to a public | 15776 |
school in this state of a pupil who has been permanently excluded | 15777 |
from public school attendance by the superintendent of public | 15778 |
instruction pursuant to sections 3301.121 and 3313.662 of the | 15779 |
Revised Code. | 15780 |
Sec. 3314.07. (A) The expiration of the contract for a | 15781 |
community school between a sponsor and a school shall be the date | 15782 |
provided in the contract. A successor contract may be entered | 15783 |
into unless the contract is terminated or not renewed pursuant to | 15784 |
this section. | 15785 |
(B)(1) A sponsor may choose not to renew a contract at its | 15786 |
expiration or may choose to terminate a contract prior to its | 15787 |
expiration for any of the following reasons: | 15788 |
(a) Failure to meet student performance requirements stated | 15789 |
in the contract; | 15790 |
(b) Failure to meet generally accepted standards of fiscal | 15791 |
management; | 15792 |
(c) Violation of any provision of the contract or applicable | 15793 |
state or federal law; | 15794 |
(d) Other good cause. | 15795 |
| 15796 |
15797 |
(2) A sponsor may choose to terminate a contract prior to its | 15798 |
expiration if the sponsor has suspended the operation of the | 15799 |
contract under section 3314.072 of the Revised Code. | 15800 |
(3) At least
| 15801 |
termination or nonrenewal of a contract, the sponsor shall notify | 15802 |
the school of the proposed action in writing. The notice shall | 15803 |
include the reasons for the proposed action in detail, the | 15804 |
effective date of the termination or nonrenewal, and a statement | 15805 |
that the school may, within fourteen days of receiving the notice, | 15806 |
request an informal hearing before the sponsor. Such request must | 15807 |
be in writing. The informal hearing shall be held within seventy | 15808 |
days of the receipt of a request for the hearing. Promptly | 15809 |
following the informal hearing, the sponsor shall issue a written | 15810 |
decision either affirming or rescinding the decision to terminate | 15811 |
or not renew the contract. | 15812 |
| 15813 |
be appealed to the state board of education. The decision by the | 15814 |
state board pertaining to an appeal under this division is final. | 15815 |
If the sponsor is the state board, its decision to terminate a | 15816 |
contract under division (B)(4) of this section shall be final. | 15817 |
(5) The termination of a contract under this section shall | 15818 |
be effective upon the occurrence of the later of the following | 15819 |
events: | 15820 |
(a) Ninety days following the date the sponsor notifies the | 15821 |
school of its decision to terminate the contract as prescribed in | 15822 |
division (B)(3) of this section; | 15823 |
(b) If an informal hearing is requested under division | 15824 |
(B)(3) of this section and as a result of that hearing the sponsor | 15825 |
affirms its decision to terminate the contract, the effective date | 15826 |
of the termination specified in the notice issued under division | 15827 |
(B)(3) of this section, or if that decision is appealed to the | 15828 |
state board under division (B)(4) of this section and the state | 15829 |
board affirms that decision, the date established in the | 15830 |
resolution of the state board affirming the sponsor's decision. | 15831 |
(C) A child attending a community school whose contract has | 15832 |
been
terminated
| 15833 |
any reason shall be admitted to the schools of the district in | 15834 |
which the child is entitled to attend under section 3313.64 or | 15835 |
3313.65 of the Revised Code. Any deadlines established for the | 15836 |
purpose of admitting students under section 3313.97 or 3313.98 | 15837 |
shall be waived for students to whom this division pertains. | 15838 |
(D) A sponsor of a community school and the officers, | 15839 |
directors, or employees of such a sponsor are not liable in | 15840 |
damages in a tort or other civil action for harm allegedly arising | 15841 |
from either of the following: | 15842 |
(1) A failure of the community school or any of its | 15843 |
officers, directors, or employees to perform any statutory or | 15844 |
common law duty or responsibility or any other legal obligation; | 15845 |
(2) An action or omission of the community school or any of | 15846 |
its officers, directors, or employees that results in harm. | 15847 |
(E) As used in this section: | 15848 |
(1) "Harm" means injury, death, or loss to person or | 15849 |
property. | 15850 |
(2) "Tort action" means a civil action for damages for | 15851 |
injury, death, or loss to person or property other than a civil | 15852 |
action for damages for a breach of contract or another agreement | 15853 |
between persons. | 15854 |
Sec. 3314.072. The provisions of this section are enacted to | 15855 |
promote the public health, safety, and welfare by establishing | 15856 |
procedures under which the governing authorities of community | 15857 |
schools established under this chapter will be held accountable | 15858 |
for their compliance with the terms of the contracts they enter | 15859 |
into with their school's sponsors and the law relating to the | 15860 |
school's operation. Suspension of the operation of a school | 15861 |
imposed under this section is intended to encourage the governing | 15862 |
authority's compliance with the terms of the school's contract and | 15863 |
the law and is not intended to be an alteration of the terms of | 15864 |
that contract. | 15865 |
(A) If a sponsor of a community school established under | 15866 |
this chapter suspends the operation of that school pursuant to | 15867 |
procedures set forth in this section, the governing authority | 15868 |
shall not operate that school while the suspension is in effect. | 15869 |
Any such suspension shall remain in effect until the sponsor | 15870 |
notifies the governing authority that it is no longer in effect. | 15871 |
The contract of a school of which operation is suspended under | 15872 |
this section also may be subject to termination or nonrenewal | 15873 |
under section 3314.07 of the Revised Code. | 15874 |
(B) If at any time the sponsor of a community school | 15875 |
established under this chapter determines that conditions at the | 15876 |
school do not comply with a health and safety standard established | 15877 |
by law for school buildings, the sponsor shall immediately suspend | 15878 |
the operation of the school pursuant to procedures set forth in | 15879 |
division (D) of this section. | 15880 |
(C)(1) For any of the reasons prescribed in division | 15881 |
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the | 15882 |
sponsor of a community school established under this chapter may | 15883 |
suspend the operation of the school only if it first issues to the | 15884 |
governing authority notice of the sponsor's intent to suspend the | 15885 |
operation of the contract. Such notice shall explain the reasons | 15886 |
for the sponsor's intent to suspend operation of the contract and | 15887 |
shall provide the school's governing authority with five business | 15888 |
days to submit to the sponsor a proposal to remedy the conditions | 15889 |
cited as reasons for the suspension. | 15890 |
(2) The sponsor shall promptly review any proposed remedy | 15891 |
timely submitted by the governing authority and either approve or | 15892 |
disapprove the remedy. If the sponsor disapproves the remedy | 15893 |
proposed by the governing authority, if the governing authority | 15894 |
fails to submit a proposed remedy in the manner prescribed by the | 15895 |
sponsor, or if the governing authority fails to implement the | 15896 |
remedy as approved by the sponsor, the sponsor may suspend | 15897 |
operation of the school pursuant to procedures set forth in | 15898 |
division (D) of this section. | 15899 |
(D)(1) If division (B) of this section applies or if the | 15900 |
sponsor of a community school established under this chapter | 15901 |
decides to suspend the operation of a school as permitted in | 15902 |
division (C)(2) of this section, the sponsor shall promptly send | 15903 |
written notice to the governing authority stating that the | 15904 |
operation of the school is immediately suspended, and explaining | 15905 |
the specific reasons for the suspension. The notice shall state | 15906 |
that the governing authority has five business days to submit a | 15907 |
proposed remedy to the conditions cited as reasons for the | 15908 |
suspension or face potential contract termination. | 15909 |
(2) Upon receipt of the notice of suspension prescribed | 15910 |
under division (D)(1) of this section, the governing authority | 15911 |
shall immediately notify the employees of the school and the | 15912 |
parents of the students enrolled in the school of the suspension | 15913 |
and the reasons therefore, and shall cease all school operations | 15914 |
on the next business day. | 15915 |
Sec. 3314.08. (A) As used in this section: | 15916 |
(1) "Base formula amount" means the amount specified as such | 15917 |
in a community school's financial plan for a school year pursuant | 15918 |
to division (A)(15) of section 3314.03 of the Revised Code. | 15919 |
(2) "Cost-of-doing-business factor" has the same meaning as | 15920 |
in section 3317.02 of the Revised Code. | 15921 |
(3) "IEP" means an individualized education program as | 15922 |
defined in section 3323.01 of the Revised Code. | 15923 |
(4) "Applicable special education weight" means: | 15924 |
(a) For a student receiving special education and related | 15925 |
services pursuant to an IEP for a handicap described in division | 15926 |
(A) of section 3317.013 of the Revised Code, the multiple | 15927 |
specified in that division; | 15928 |
(b) For a student receiving special education and related | 15929 |
services pursuant to an IEP for a handicap described in division | 15930 |
(B) of section 3317.013 or division (F)(3) of section 3317.02 of | 15931 |
the Revised Code, the multiple specified in division (B) of | 15932 |
section 3317.013 of the Revised Code. | 15933 |
(5)
| 15934 |
15935 |
| 15936 |
15937 | |
15938 | |
15939 | |
15940 | |
15941 | |
15942 | |
15943 |
| 15944 |
15945 | |
15946 | |
15947 | |
15948 | |
15949 | |
15950 | |
15951 |
| 15952 |
15953 | |
15954 | |
15955 | |
15956 | |
15957 | |
15958 | |
15959 |
| 15960 |
15961 | |
15962 | |
15963 | |
15964 | |
15965 | |
15966 | |
15967 | |
"Applicable vocational education weight" means: | 15968 |
(a) For a student enrolled in vocational education programs | 15969 |
or classes described in division (A) of section 3317.014 of the | 15970 |
Revised Code, the multiple specified in that division; | 15971 |
(b) For a student enrolled in vocational education programs | 15972 |
or classes described in division (B) of section 3317.014 of the | 15973 |
Revised Code, the multiple specified in that division. | 15974 |
(6) "Entitled to attend school" means entitled to attend | 15975 |
school in a district under section 3313.64 or 3313.65 of the | 15976 |
Revised Code. | 15977 |
(7) "DPIA reduction factor" means the percentage figure, if | 15978 |
any, for reducing the per pupil amount of disadvantaged pupil | 15979 |
impact aid a community school is entitled to receive pursuant to | 15980 |
divisions (D) | 15981 |
specified in the school's financial plan for the year pursuant to | 15982 |
division (A)(15) of section 3314.03 of the Revised Code. | 15983 |
(8) "All-day kindergarten" has the same meaning as in section | 15984 |
3317.029 of the Revised Code. | 15985 |
(B) The state board of education shall adopt rules requiring | 15986 |
both of the following: | 15987 |
(1) The board of education of each city, exempted village, | 15988 |
and local school district to annually report the number of | 15989 |
students entitled to attend school in the district who are | 15990 |
enrolled in grades one through twelve in a community school | 15991 |
established under this chapter, the number of students entitled to | 15992 |
attend school in the district who are enrolled in kindergarten in | 15993 |
a community school, the number of those kindergartners who are | 15994 |
enrolled in all-day kindergarten in their community school, and | 15995 |
for each child, the community school in which the child is | 15996 |
enrolled. | 15997 |
(2) The governing authority of each community school | 15998 |
established under this chapter to annually report all of the | 15999 |
following: | 16000 |
(a) The number of students enrolled in grades one through | 16001 |
twelve and the number of students enrolled in kindergarten in the | 16002 |
school who are not receiving special education and related | 16003 |
services pursuant to an IEP; | 16004 |
(b) The number of enrolled students in grades one through | 16005 |
twelve and the number of enrolled students in kindergarten, who | 16006 |
are receiving special education and related services pursuant to | 16007 |
an IEP; | 16008 |
(c) The number of students reported under division (B)(2)(b) | 16009 |
of this section receiving special education and related services | 16010 |
pursuant to an IEP for a handicap described in each of divisions | 16011 |
(A) and (B) of section 3317.013 and division (F)(3) of section | 16012 |
3317.02 of the Revised Code; | 16013 |
(d) The full-time equivalent number of students reported | 16014 |
under divisions (B)(2)(a) and (b) of this section who are enrolled | 16015 |
in vocational education programs or classes described in each of | 16016 |
divisions (A) and (B) of section 3317.014 of the Revised Code that | 16017 |
are provided by the community school; | 16018 |
(e) The number of enrolled preschool handicapped students | 16019 |
receiving special education services in a state-funded unit; | 16020 |
| 16021 |
| 16022 |
local school district in which the student is entitled to attend | 16023 |
school; | 16024 |
| 16025 |
year. | 16026 |
(C) From the payments made to a city, exempted village, or | 16027 |
local school district under Chapter 3317. of the Revised Code and, | 16028 |
if necessary, sections 321.14 and 323.156 of the Revised Code, the | 16029 |
department of education shall annually subtract all of the | 16030 |
following: | 16031 |
(1) An amount equal to the sum of the amounts obtained when, | 16032 |
for each community school where the district's students are | 16033 |
enrolled, the number of the district's students reported under | 16034 |
divisions (B)(2)(a) and (b) of this section who are enrolled in | 16035 |
grades one through twelve, and one-half the number of students | 16036 |
reported under those divisions who are enrolled in kindergarten, | 16037 |
in that community school is multiplied by the base formula amount | 16038 |
of that community school as adjusted by the school district's | 16039 |
cost-of-doing-business factor. | 16040 |
(2) The
| 16041 |
16042 | |
16043 | |
16044 | |
16045 | |
16046 | |
16047 | |
16048 | |
16049 | |
16050 | |
and (b) of this section: | 16051 |
(a) For each of the district's students reported under | 16052 |
division (B)(2)(c) of this section as enrolled in a community | 16053 |
school in grades one through twelve and receiving special | 16054 |
education and related services pursuant to an IEP for a handicap | 16055 |
described in section 3317.013 or division (F)(3) of section | 16056 |
3317.02 of the Revised Code, the product of the applicable weight | 16057 |
times the community school's base formula amount; | 16058 |
(b) For each of the district's students reported under | 16059 |
division (B)(2)(c) of this section as enrolled in kindergarten in | 16060 |
a community school and receiving special education and related | 16061 |
services pursuant to an IEP for a handicap described in section | 16062 |
3317.013 or division (F)(3) of section 3317.02 of the Revised | 16063 |
Code, one-half of the amount calculated as prescribed in division | 16064 |
(C)(2)(a) of this section. | 16065 |
(3) For each of the district's students reported under | 16066 |
division (B)(2)(d) of this section for whom payment is made under | 16067 |
division (D)(4) of this section, the amount of that payment; | 16068 |
(4) An amount equal to the sum of the amounts obtained when, | 16069 |
for each community school where the district's students are | 16070 |
enrolled, the number of the district's students enrolled in that | 16071 |
community school and residing in the district in a family | 16072 |
participating in Ohio works first under Chapter 5107. of the | 16073 |
Revised Code is multiplied by the per pupil amount of | 16074 |
disadvantaged pupil impact aid the school district receives that | 16075 |
year pursuant to division (B) or (C) of section 3317.029 of the | 16076 |
Revised Code, as adjusted by any DPIA reduction factor of that | 16077 |
community school. If the district receives disadvantaged pupil | 16078 |
impact aid under division (B) of that section, the per pupil | 16079 |
amount of that aid is the quotient of the amount the district | 16080 |
received under that division divided by the number of children | 16081 |
ages five through seventeen residing in the district and living in | 16082 |
a family participating in Ohio works first, as most recently | 16083 |
reported under section 3317.10 of the Revised Code. If the | 16084 |
district receives disadvantaged pupil impact aid under division | 16085 |
(C) of section 3317.029 of the Revised Code, the per pupil amount | 16086 |
of that aid is the per pupil dollar amount prescribed for the | 16087 |
district in division (C)(1) or (2) of that section. | 16088 |
| 16089 |
when, for each community school where the district's students are | 16090 |
enrolled, the district's per pupil amount of aid received under | 16091 |
division (E) of section 3317.029 of the Revised Code, as adjusted | 16092 |
by any DPIA reduction factor of the community school, is | 16093 |
multiplied by the sum of the following: | 16094 |
(a) The number of the district's students reported under | 16095 |
division (B)(2)(a) of this section who are enrolled in grades one | 16096 |
to three in that community school and who are not receiving | 16097 |
special education and related services pursuant to an IEP; | 16098 |
(b) One-half of the district's students who are enrolled in | 16099 |
all-day or any other kindergarten class in that community school | 16100 |
and who are not receiving special education and related services | 16101 |
pursuant to an IEP; | 16102 |
(c) One-half of the district's students who are enrolled in | 16103 |
all-day kindergarten in that community school and who are not | 16104 |
receiving special education and related services pursuant to an | 16105 |
IEP. | 16106 |
The district's per pupil amount of aid under division (E) of | 16107 |
section 3317.029 of the Revised Code is the quotient of the amount | 16108 |
the district received under that division divided by the | 16109 |
district's kindergarten through third grade ADM, as defined in | 16110 |
that section. | 16111 |
(D) The department shall annually pay to a community school | 16112 |
established under this chapter all of the following: | 16113 |
(1) An amount equal to the sum of the amounts obtained when | 16114 |
the number of students enrolled in grades one through twelve, plus | 16115 |
one-half of the kindergarten students in the school, reported | 16116 |
under divisions (B)(2)(a) and (b) of this section who are not | 16117 |
receiving special education and related services pursuant to an | 16118 |
IEP for a handicap described in division (A) or (B) of section | 16119 |
3317.013 or division (F)(3) of section 3317.02 of the Revised Code | 16120 |
is multiplied by the community school's base formula amount, as | 16121 |
adjusted by the cost-of-doing-business factor of the school | 16122 |
district in which the student is entitled to attend school; | 16123 |
(2) The greater of the following: | 16124 |
(a) The aggregate amount that the department paid to the | 16125 |
community school in fiscal year 1999 for students receiving | 16126 |
special education and related services pursuant to IEPs, excluding | 16127 |
federal funds and state disadvantaged pupil impact aid funds; | 16128 |
(b) The sum of the amounts calculated under divisions | 16129 |
(D)(2)(b)(i) and (ii) of this section: | 16130 |
(i) For each student reported under division (B)(2)(c) of | 16131 |
this section as enrolled in the school in grades one through | 16132 |
twelve and receiving special education and related services | 16133 |
pursuant to an IEP for a handicap described in division (A) or (B) | 16134 |
of section 3317.013 or division (F)(3) of section 3317.02 of the | 16135 |
Revised Code, the following amount: | 16136 |
16137 |
16138 |
16139 | |
16140 |
16141 |
(ii) For each student reported under division (B)(2)(c) of | 16142 |
this section as enrolled in kindergarten and receiving special | 16143 |
education and related services pursuant to an IEP for a handicap | 16144 |
described in division (A) or (B) of section 3317.013 or division | 16145 |
(F)(3) of section 3317.02 of the Revised Code, one-half of the | 16146 |
amount calculated under the formula prescribed in division | 16147 |
(D)(2)(b)(i) of this section. | 16148 |
(3) An amount received from federal funds to provide special | 16149 |
education and related services to students in the community | 16150 |
school, as determined by the superintendent of public instruction. | 16151 |
(4) For each student reported under division (B)(2)(d) of | 16152 |
this section as enrolled in vocational education programs or | 16153 |
classes that are described in section 3317.014 of the Revised | 16154 |
Code, are provided by the community school, and are comparable as | 16155 |
determined by the superintendent of public instruction to school | 16156 |
district vocational education programs and classes eligible for | 16157 |
state weighted funding under section 3317.014 of the Revised Code, | 16158 |
an amount equal to the applicable vocational education weight | 16159 |
times the community school's base formula amount times the | 16160 |
percentage of time the student spends in the vocational education | 16161 |
programs or classes. | 16162 |
(5) An amount equal to the sum of the amounts obtained when, | 16163 |
for each school district where the community school's students are | 16164 |
entitled to attend school, the number of that district's students | 16165 |
enrolled in the community school and participating in Ohio works | 16166 |
first is multiplied by the per pupil amount of disadvantaged pupil | 16167 |
impact aid that school district receives that year pursuant to | 16168 |
division (B) or (C) of section 3317.029 of the Revised Code, as | 16169 |
adjusted by any DPIA reduction factor of the community school. The | 16170 |
per pupil amount of aid shall be determined as described in | 16171 |
division (C)(3) of this section. | 16172 |
| 16173 |
when, for each school district where the community school's | 16174 |
students are entitled to attend school, the district's per pupil | 16175 |
amount of aid received under division (E) of section 3317.029 of | 16176 |
the Revised Code, as adjusted by any DPIA reduction factor of the | 16177 |
community school, is multiplied by the sum of the following: | 16178 |
(a) The number of the district's students reported under | 16179 |
division (B)(2)(a) of this section who are enrolled in grades one | 16180 |
to three in that community school and who are not receiving | 16181 |
special education and related services pursuant to an IEP; | 16182 |
(b) One-half of the district's students who are enrolled in | 16183 |
all-day or any other kindergarten class in that community school | 16184 |
and who are not receiving special education and related services | 16185 |
pursuant to an IEP; | 16186 |
(c) One-half of the district's students who are enrolled in | 16187 |
all-day kindergarten in that community school and who are not | 16188 |
receiving special education and related services pursuant to an | 16189 |
IEP. | 16190 |
The district's per pupil amount of aid under division (E) of | 16191 |
section 3317.029 of the Revised Code shall be determined as | 16192 |
described in division (C) | 16193 |
(E)(1) If a community school's costs for a fiscal year for a | 16194 |
student receiving special education and related services pursuant | 16195 |
to an
IEP for a handicap
described in
| 16196 |
| 16197 |
dollars or more, the school may submit to the superintendent of | 16198 |
public instruction documentation, as prescribed by the | 16199 |
superintendent, of all its costs for that student. Upon | 16200 |
submission of documentation for a student of the type and in the | 16201 |
manner prescribed, the department shall pay to the community | 16202 |
school an amount equal to the school's costs for the student in | 16203 |
excess of twenty-five thousand dollars. | 16204 |
(2) In fiscal year 2002, if a community school's costs for a | 16205 |
student receiving special education and related services pursuant | 16206 |
to an IEP for a handicap described in division (F)(3) of section | 16207 |
3317.013 of the Revised Code are twenty-five thousand dollars or | 16208 |
more, the school may submit to the superintendent of public | 16209 |
instruction documentation, as prescribed by the superintendent, of | 16210 |
all its costs for that student. Upon submission of documentation | 16211 |
for a student of the type and in the manner prescribed, the | 16212 |
department shall pay to the community school an amount equal to | 16213 |
the school's costs for the student in excess of twenty-five | 16214 |
thousand dollars. | 16215 |
(3) In any fiscal year after fiscal year 2002, if a community | 16216 |
school's costs for a student receiving special education and | 16217 |
related services pursuant to an IEP for a handicap described in | 16218 |
division (F)(3) of section 3317.013 of the Revised Code are twenty | 16219 |
thousand dollars or more, the school may submit to the | 16220 |
superintendent of public instruction documentation, as prescribed | 16221 |
by the superintendent, of all its costs for that student. Upon | 16222 |
submission of documentation for a student of the type and in the | 16223 |
manner prescribed, the department shall pay to the community | 16224 |
school an amount equal to the school's costs for the student in | 16225 |
excess of twenty thousand dollars. | 16226 |
(4) The community school shall only report under divisions | 16227 |
(E)(1) to (3) of this section, and the department shall only pay | 16228 |
for, the costs of educational expenses and the related services | 16229 |
provided to the student in accordance with the student's | 16230 |
individualized education program. Any legal fees, court costs, or | 16231 |
other costs associated with any cause of action relating to the | 16232 |
student may not be included in the amount. | 16233 |
(F) A community school may apply to the department of | 16234 |
education for preschool handicapped or gifted unit funding the | 16235 |
school would receive if it were a school district. Upon request | 16236 |
of its governing authority, a community school that received unit | 16237 |
funding as a school district-operated school before it became a | 16238 |
community school shall retain any units awarded to it as a school | 16239 |
district-operated school provided the school continues to meet | 16240 |
eligibility standards for the unit. | 16241 |
A community school shall be considered a school district and | 16242 |
its governing authority shall be considered a board of education | 16243 |
for the purpose of applying to any state or federal agency for | 16244 |
grants that a school district may receive under federal or state | 16245 |
law or any appropriations act of the general assembly. The | 16246 |
governing authority of a community school may apply to any private | 16247 |
entity for additional funds. | 16248 |
(G) A board of education sponsoring a community school may | 16249 |
utilize local funds to make enhancement grants to the school or | 16250 |
may agree, either as part of the contract or separately, to | 16251 |
provide any specific services to the community school at no cost | 16252 |
to the school. | 16253 |
(H) A community school may not levy taxes or issue bonds | 16254 |
secured by tax revenues. | 16255 |
(I) No community school shall charge tuition for the | 16256 |
enrollment of any student. | 16257 |
(J) A community school may borrow money to pay any necessary | 16258 |
and actual expenses of the school in anticipation of the receipt | 16259 |
of any portion of the payments to be received by the school | 16260 |
pursuant to division (D) of this section. The school may issue | 16261 |
notes to evidence such borrowing to mature no later than the end | 16262 |
of the fiscal year in which such money was borrowed. The proceeds | 16263 |
of the notes shall be used only for the purposes for which the | 16264 |
anticipated receipts may be lawfully expended by the school. | 16265 |
(K) For purposes of determining the number of students for | 16266 |
which divisions
(D) | 16267 |
any school year, a community school may submit to the department | 16268 |
of job and family services, no later than the first day of March, | 16269 |
a list of the students enrolled in the school. For each student | 16270 |
on the list, the community school shall indicate the student's | 16271 |
name, address, and date of birth and the school district where the | 16272 |
student is entitled to attend school. Upon receipt of a list | 16273 |
under this division, the department of job and family services | 16274 |
shall determine, for each school district where one or more | 16275 |
students on the list is entitled to attend school, the number of | 16276 |
students residing in that school district who were included in the | 16277 |
department's report under section 3317.10 of the Revised Code. The | 16278 |
department shall make this determination on the basis of | 16279 |
information readily available to it. Upon making this | 16280 |
determination and no later than ninety days after submission of | 16281 |
the list by the community school, the department shall report to | 16282 |
the state department of education the number of students on the | 16283 |
list who reside in each school district who were included in the | 16284 |
department's report under section 3317.10 of the Revised Code. In | 16285 |
complying with this division, the department of job and family | 16286 |
services shall not report to the state department of education any | 16287 |
personally identifiable information on any student. | 16288 |
(L) The department of education shall adjust the amounts | 16289 |
subtracted and paid under divisions (C) and (D) of this section to | 16290 |
reflect any enrollment of students in community schools for less | 16291 |
than the equivalent of a full school year. For purposes of this | 16292 |
section, a student shall be considered enrolled in the community | 16293 |
school for any portion of the school year the student is | 16294 |
participating at a college under Chapter 3365. of the Revised | 16295 |
Code. | 16296 |
(M) The department of education shall reduce the amounts | 16297 |
paid under division (D) of this section to reflect payments made | 16298 |
to colleges under division (B) of section 3365.07 of the Revised | 16299 |
Code. | 16300 |
Sec. 3314.09. (A) As used in this section and section | 16301 |
3314.091 of the Revised Code, "native student" means a student | 16302 |
entitled to attend school in the school district under section | 16303 |
3313.64 or 3313.65 of the Revised Code. | 16304 |
| 16305 |
Revised Code, the board of education of each city, local, and | 16306 |
exempted village school district shall provide transportation to | 16307 |
and from school for its district's native students enrolled in a | 16308 |
community school located in that district or another district on | 16309 |
the same basis that it provides transportation for its native | 16310 |
students enrolled in schools to which they are assigned by the | 16311 |
board of education at the same grade level and who live the same | 16312 |
distance from school except when, in the judgment of the board, | 16313 |
confirmed by the state board of education, the transportation is | 16314 |
unnecessary or unreasonable. A board shall not be required to | 16315 |
transport nonhandicapped students to and from a community school | 16316 |
located in another school district if the transportation would | 16317 |
require more than thirty minutes of direct travel time as measured | 16318 |
by school bus from the collection point designated by the | 16319 |
district's coordinator of school transportation. | 16320 |
(C) Where it is impractical to transport a pupil to and from | 16321 |
a community school by school conveyance, a board may, in lieu of | 16322 |
providing the transportation, pay a parent, guardian, or other | 16323 |
person in charge of the child. The amount paid per pupil shall in | 16324 |
no event exceed the average transportation cost per pupil, which | 16325 |
shall be based on the cost of transportation of children by all | 16326 |
boards of education in this state during the next preceding year. | 16327 |
(D) The daily and annual instructional schedules of a | 16328 |
community school are the sole responsibility of the community | 16329 |
school's governing authority, and are subject only to the | 16330 |
requirements of this chapter and the governing authority's | 16331 |
contract with its sponsor. Each school district board of | 16332 |
education that is required to provide transportation for community | 16333 |
school students under this section shall provide the | 16334 |
transportation in accordance with those schedules so that students | 16335 |
may be present on time and at all times that the community school | 16336 |
is open for instruction. | 16337 |
Sec. 3314.091. (A) A school district is not required to | 16338 |
provide transportation for any native student enrolled in a | 16339 |
community school if the district board of education has entered | 16340 |
into an agreement with the community school's governing authority | 16341 |
that designates the community school as responsible for providing | 16342 |
or arranging for the transportation of the district's native | 16343 |
students to and from the community school. For any such agreement | 16344 |
to be effective, it must be certified by the superintendent of | 16345 |
public instruction as having met both of the following | 16346 |
requirements: | 16347 |
(1) It is submitted to the department of education by a | 16348 |
deadline which shall be established by the department. | 16349 |
(2) It specifies qualifications, such as residing a minimum | 16350 |
distance from the school, for students to have their | 16351 |
transportation provided or arranged. | 16352 |
(B)(1) A community school governing board that enters into | 16353 |
an agreement to provide transportation under this section shall | 16354 |
provide or arrange transportation free of any charge for each of | 16355 |
its enrolled students in grades kindergarten through eight who | 16356 |
live more than two miles from the school, except that the | 16357 |
governing board may make a payment in lieu of providing | 16358 |
transportation to the parent, guardian, or person in charge of the | 16359 |
student at the same rate as specified for a school district board | 16360 |
in division (C) of section 3314.09 of the Revised Code if the | 16361 |
drive time measured by the vehicle specified by the school for | 16362 |
transporting the students from the student's residence to the | 16363 |
school is more than thirty minutes. The governing board may | 16364 |
provide or arrange transportation for any other enrolled student | 16365 |
and may charge a fee for such service. The governing board may | 16366 |
request the payment specified under division (C) of this section | 16367 |
for any student it transports, for whom it arranges | 16368 |
transportation, or for whom it makes a payment in lieu of | 16369 |
providing transportation if the student lives more than one mile | 16370 |
from the community school. | 16371 |
(2) Notwithstanding anything to the contrary in division | 16372 |
(B)(1) of this section, a community school governing board shall | 16373 |
provide or arrange transportation free of any charge for any | 16374 |
disabled student enrolled in the school for whom the student's | 16375 |
individualized education program developed under Chapter 3323. of | 16376 |
the Revised Code specifies transportation. | 16377 |
(C)(1) If a school district board and a community school | 16378 |
governing authority elect to enter into an agreement under this | 16379 |
section, the department of education annually shall pay the | 16380 |
community school the amount specified in division (C)(2) of this | 16381 |
section for each of the enrolled students for whom the school's | 16382 |
governing authority provides or arranges transportation to and | 16383 |
from school. The department shall deduct the payment from the | 16384 |
state payment under Chapter 3317. and, if necessary, sections | 16385 |
321.14 and 323.156 of the Revised Code that is otherwise paid to | 16386 |
the school district in which the student enrolled in the community | 16387 |
school resides. The department shall include the number of the | 16388 |
district's native students for whom payment is made to a community | 16389 |
school under this division in the calculation of the district's | 16390 |
transportation payment under division (D) of section 3317.022 of | 16391 |
the Revised Code. | 16392 |
A community school shall be paid under this division only for | 16393 |
students who live more than one mile from the school and whose | 16394 |
transportation to and from school is actually provided or arranged | 16395 |
or for whom a payment in lieu of transportation is made by the | 16396 |
community school's governing authority. To qualify for the | 16397 |
payments, the community school shall report to the department, in | 16398 |
the form and manner required by the department, data on the | 16399 |
number of students transported or whose transportation is | 16400 |
arranged, the number of miles traveled, cost to transport, and any | 16401 |
other information requested by the department. | 16402 |
A community school shall use payments received under this | 16403 |
division solely to pay the costs of providing or arranging for the | 16404 |
transportation of students who live more than one mile from the | 16405 |
school, which may include payments to a parent, guardian, or other | 16406 |
person in charge of a child in lieu of transportation. | 16407 |
(2) The payment to a community school governing authority | 16408 |
under this section for each student who lives more than one mile | 16409 |
from the school or who is disabled and whose individualized | 16410 |
education program requires transportation and for whom the school | 16411 |
actually provides or arranges transportation or makes a payment in | 16412 |
lieu of providing transportation, shall be made according to the | 16413 |
following schedule: | 16414 |
(a) In fiscal year 2002, four-hundred fifty dollars per | 16415 |
student; | 16416 |
(b) In fiscal year 2003 and every fiscal year thereafter, | 16417 |
the amount specified in division (C)(2)(a) of this section | 16418 |
multiplied by the negative or positive percentage of change | 16419 |
reported in the consumer price index (all urban consumers, | 16420 |
transportation) by the bureau of labor statistics of the United | 16421 |
States department of labor from the beginning of the calendar year | 16422 |
that ended just prior to the beginning of the fiscal year to the | 16423 |
end of that calendar year. | 16424 |
(D) Except when arranged through payment to a parent, | 16425 |
guardian, or person in charge of a child, transportation provided | 16426 |
or arranged for by a community school pursuant to an agreement | 16427 |
under this section is subject to all provisions of the Revised | 16428 |
Code, and all rules adopted under the Revised Code, pertaining to | 16429 |
the construction, design, equipment, and operation of school buses | 16430 |
and other vehicles transporting students to and from school. The | 16431 |
drivers and mechanics of the vehicles are subject to all | 16432 |
provisions of the Revised Code, and all rules adopted under the | 16433 |
Revised Code, pertaining to drivers and mechanics of such | 16434 |
vehicles. The community school also shall comply with sections | 16435 |
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16 | 16436 |
of the Revised Code as if it were a school district. For purposes | 16437 |
of complying with section 3327.10 of the Revised Code, the | 16438 |
educational service center that serves the county in which the | 16439 |
community school is located shall be the certifying agency, unless | 16440 |
the agreement designates the school district as the certifying | 16441 |
agency. | 16442 |
Sec. 3316.20. (A)(1) The school district solvency | 16443 |
assistance fund is hereby created in the state treasury, to | 16444 |
consist of such amounts designated for the purposes of the fund by | 16445 |
the general assembly. The fund shall be used to provide | 16446 |
assistance and grants to school districts to enable them to remain | 16447 |
solvent and to pay unforseeable expenses of a temporary or | 16448 |
emergency nature that they are unable to pay from existing | 16449 |
resources. | 16450 |
(2) There is hereby created within the fund an account known | 16451 |
as the school district shared resource account, which shall | 16452 |
consist of money appropriated to it by the general assembly. The | 16453 |
money in the account shall be used solely for solvency assistance | 16454 |
to school
districts that have been declared under division (B) | 16455 |
16456 | |
fiscal emergency
| 16457 |
16458 |
(3) There is hereby created within the fund an account known | 16459 |
as the catastrophic expenditures account, which shall consist of | 16460 |
money appropriated to the account by the general assembly plus all | 16461 |
investment earnings of the fund. Money in the account shall be | 16462 |
used solely for the following: | 16463 |
(a) Solvency assistance to school districts that have been | 16464 |
declared under division (B) | 16465 |
Revised Code to be
in a state of fiscal emergency
| 16466 |
16467 | |
that all money in the shared resource account is utilized for | 16468 |
solvency assistance; | 16469 |
(b) Grants to school districts under division (C) of this | 16470 |
section. | 16471 |
(B) Solvency assistance payments under division (A)(2) or | 16472 |
(3)(a) of this section shall be made from the fund by the | 16473 |
superintendent of public instruction in accordance with rules | 16474 |
adopted by the director of budget and management, after | 16475 |
consulting with the superintendent, specifying approval criteria | 16476 |
and procedures necessary for administering the fund. | 16477 |
The fund shall be reimbursed for any solvency assistance | 16478 |
amounts paid under division (A)(2) or (3)(a) of this section not | 16479 |
later than the end of the second fiscal year following the fiscal | 16480 |
year in which the solvency assistance payment was made. If not | 16481 |
made directly by the school district, such reimbursement shall be | 16482 |
made by the director of budget and management from the amounts the | 16483 |
school district would otherwise receive pursuant to sections | 16484 |
3317.022 to 3317.025 of the Revised Code, or from any other funds | 16485 |
appropriated for the district by the general assembly. | 16486 |
Reimbursements shall be credited to the respective account from | 16487 |
which the solvency assistance paid to the district was deducted. | 16488 |
(C) The superintendent of public instruction may make | 16489 |
recommendations, and the controlling board may grant money from | 16490 |
the catastrophic expenditures account to any school district that | 16491 |
suffers an unforeseen catastrophic event that severely depletes | 16492 |
the district's financial resources. The superintendent shall make | 16493 |
recommendations for the grants in accordance with rules adopted by | 16494 |
the director of budget and management after consulting with the | 16495 |
superintendent. A school district shall not be required to repay | 16496 |
any grant awarded to the district under this division unless the | 16497 |
district receives money from a third party, including an agency of | 16498 |
the government of the United States, specifically for the purpose | 16499 |
of compensating the district for expenses incurred as a result of | 16500 |
the unforeseen catastrophic event. | 16501 |
Sec. 3317.012. (A)(1) The general assembly, having analyzed | 16502 |
school district expenditure and cost data for fiscal year
| 16503 |
1999, performed the calculation described in division (B) of this | 16504 |
section,
| 16505 |
amounts described in division (A)(2) of this section, hereby | 16506 |
determines that the base cost of an adequate education per pupil | 16507 |
for the fiscal year beginning
July 1,
| 16508 |
For the five following fiscal years, the base cost per pupil for | 16509 |
each of those years, reflecting an annual rate of inflation of two | 16510 |
and eight-tenths
per cent, is
| 16511 |
2003,
| 16512 |
fiscal year
| 16513 |
and
| 16514 |
(2) The base cost per pupil amounts specified in division | 16515 |
(A)(1) of this section include amounts to reflect the cost to | 16516 |
school districts of increasing the minimum number of high school | 16517 |
academic units required for graduation beginning September 15, | 16518 |
2001, under section 3313.603 of the Revised Code. Analysis of | 16519 |
fiscal year 1999 data revealed that the school districts meeting | 16520 |
the requirements of division (B) of this section on average | 16521 |
required high school students to complete a minimum of nineteen | 16522 |
and eight-tenths units to graduate. The general assembly | 16523 |
determines that the cost of funding the additional two-tenths unit | 16524 |
required by section 3313.603 of the Revised Code is $12 per pupil | 16525 |
in fiscal year 2002. This amount was added after the calculation | 16526 |
described in division (B) of this section and the adjustment for | 16527 |
inflation from fiscal year 1999 to fiscal year 2002. It is this | 16528 |
total amount, the calculated base cost plus the supplement to pay | 16529 |
for the additional partial unit, that constitutes the base cost | 16530 |
amount specified in division (A)(1) of this section for fiscal | 16531 |
year 2002 and that is inflated to produce the base cost amounts | 16532 |
for fiscal years 2003 through 2007. | 16533 |
(B) In determining the base cost stated in division (A) of | 16534 |
this section, capital and debt costs, costs paid for by federal | 16535 |
funds, and costs covered by funds
provided
| 16536 |
16537 | |
16538 | |
transportation were excluded, as were the effects on the | 16539 |
districts' state funds of the application of the | 16540 |
cost-of-doing-business factors, assuming
| 16541 |
one-half per cent variance. | 16542 |
The base cost for fiscal year
| 16543 |
unweighted average cost per student, on a school district basis, | 16544 |
of educating students who were not receiving vocational education | 16545 |
or services pursuant to Chapter 3323. of the Revised Code and who | 16546 |
were enrolled in a city, exempted village, or local school | 16547 |
district that in
fiscal year
| 16548 |
criteria: | 16549 |
(1) The district met at least
| 16550 |
following twenty-seven performance standards: | 16551 |
(a) A
| 16552 |
graduation rate; | 16553 |
(b) At least seventy-five per cent of fourth graders | 16554 |
proficient on the mathematics test prescribed under division | 16555 |
(A)(1) of section 3301.0710 of the Revised Code; | 16556 |
(c) At least seventy-five per cent of fourth graders | 16557 |
proficient on the reading test prescribed under division (A)(1) of | 16558 |
section 3301.0710 of the Revised Code; | 16559 |
(d) At least seventy-five per cent of fourth graders | 16560 |
proficient on the writing test prescribed under division (A)(1) of | 16561 |
section 3301.0710 of the Revised Code; | 16562 |
(e) At least seventy-five per cent of fourth graders | 16563 |
proficient on the citizenship test prescribed under division | 16564 |
(A)(1) of section 3301.0710 of the Revised Code; | 16565 |
(f) At least seventy-five per cent of fourth graders | 16566 |
proficient on the science test prescribed under division (A)(1) of | 16567 |
section 3301.0710 of the Revised Code; | 16568 |
(g) At least seventy-five per cent of sixth graders | 16569 |
proficient on the mathematics test prescribed under division | 16570 |
(A)(2) of section 3301.0710 of the Revised Code; | 16571 |
(h) At least seventy-five per cent of sixth graders | 16572 |
proficient on the reading test prescribed under division (A)(2) of | 16573 |
section 3301.0710 of the Revised Code; | 16574 |
(i) At least seventy-five per cent of sixth graders | 16575 |
proficient on the writing test prescribed under division (A)(2) of | 16576 |
section 3301.0710 of the Revised Code; | 16577 |
(j) At least seventy-five per cent of sixth graders | 16578 |
proficient on the citizenship test prescribed under division | 16579 |
(A)(2) of section 3301.0710 of the Revised Code; | 16580 |
(k) At least seventy-five per cent of sixth graders | 16581 |
proficient on the science test prescribed under division (A)(2) of | 16582 |
section 3301.0710 of the Revised Code; | 16583 |
(l) At least seventy-five per cent of ninth graders | 16584 |
proficient on the mathematics test prescribed under
| 16585 |
16586 | |
Am. Sub. S.B. 55 of the 122nd general assembly; | 16587 |
| 16588 |
proficient on the reading test prescribed under
| 16589 |
16590 | |
S.B. 55 of the 122nd general assembly; | 16591 |
| 16592 |
proficient on the writing test prescribed under
| 16593 |
16594 | |
S.B. 55 of the 122nd general assembly; | 16595 |
| 16596 |
proficient on the citizenship test prescribed
under
| 16597 |
16598 | |
Am. Sub. S.B. 55 of the 122nd general assembly; | 16599 |
| 16600 |
proficient on the science test prescribed under Section 4 of Am. | 16601 |
Sub. S.B. 55 of the 122nd general assembly; | 16602 |
(q) At least eighty-five per cent of tenth graders proficient | 16603 |
on the mathematics test prescribed under
| 16604 |
16605 | |
55 of the 122nd general assembly; | 16606 |
| 16607 |
proficient
on the reading test prescribed under
| 16608 |
16609 | |
S.B. 55 of the 122nd general assembly; | 16610 |
| 16611 |
proficient
on the writing test prescribed under
| 16612 |
16613 | |
S.B. 55 of the 122nd general assembly; | 16614 |
| 16615 |
proficient
on the citizenship test prescribed under
| 16616 |
16617 | |
Am. Sub. S.B. 55 of the 122nd general assembly; | 16618 |
| 16619 |
proficient on the science test prescribed under Section 4 of Am. | 16620 |
Sub. S.B. 55 of the 122nd general assembly; | 16621 |
(v) At least sixty per cent of twelfth graders proficient on | 16622 |
the mathematics test prescribed under division (A)(3) of section | 16623 |
3301.0710 of the Revised Code; | 16624 |
| 16625 |
on the reading test prescribed under division (A)(3) of section | 16626 |
3301.0710 of the Revised Code; | 16627 |
| 16628 |
on the writing test prescribed under division (A)(3) of section | 16629 |
3301.0710 of the Revised Code; | 16630 |
| 16631 |
on the citizenship test prescribed under division (A)(3) of | 16632 |
section 3301.0710 of the Revised Code; | 16633 |
| 16634 |
on the science test prescribed under division (A)(3) of section | 16635 |
3301.0710 of the Revised Code; | 16636 |
(aa) An attendance rate for the year of at least | 16637 |
ninety-three per cent as defined in section 3302.01 of the Revised | 16638 |
Code. | 16639 |
In determining whether a school district met any of the | 16640 |
performance standards specified in divisions (B)(1)(a) to (aa) of | 16641 |
this section, the general assembly used a rounding procedure | 16642 |
previously recommended by the department of education. It is the | 16643 |
same rounding procedure the general assembly used in 1998 to | 16644 |
determine whether a district had met the standards of former | 16645 |
divisions (B)(1)(a) to (r) of this section for purposes of | 16646 |
constructing the previous model based on fiscal year 1996 data. | 16647 |
(2) The district was not among the
| 16648 |
districts with the highest income
| 16649 |
16650 | |
all
districts with the lowest income
| 16651 |
(3) The district was not among the five per cent of all | 16652 |
districts with the highest valuation per pupil
| 16653 |
16654 | |
16655 | |
districts with the lowest valuation per pupil. | 16656 |
This model for calculating the base cost of an adequate | 16657 |
education is expenditure-based. The general assembly recognizes | 16658 |
that increases in state funding to school districts since fiscal | 16659 |
year 1996, the fiscal year upon which the general assembly based | 16660 |
its model for calculating state funding to school districts for | 16661 |
fiscal years 1999 through 2001, has increased school district base | 16662 |
cost expenditures for fiscal year 1999, the fiscal year upon which | 16663 |
the general assembly based its model for calculating state funding | 16664 |
for fiscal years 2002 through 2007. In the case of school | 16665 |
districts included in the fiscal year 1999 model that also had met | 16666 |
the fiscal year 1996 performance criteria of former division | 16667 |
(B)(1) of this section, the increased state funding may have | 16668 |
driven the districts' expenditures beyond the expenditures that | 16669 |
were actually needed to maintain their educational programs at the | 16670 |
level necessary to maintain their ability to meet the fiscal year | 16671 |
1999 performance criteria of current division (B)(1) of this | 16672 |
section. The general assembly has determined to control for this | 16673 |
effect by stipulating in the later model that the fiscal year 1999 | 16674 |
base cost expenditures of the districts that also met the | 16675 |
performance criteria of former division (B)(1) of this section | 16676 |
equals their base cost expenditures per pupil for fiscal year | 16677 |
1996, inflated to fiscal year 1999 using an annual rate of | 16678 |
inflation of two and eight-tenths per cent. However, if this | 16679 |
inflated amount exceeded the district's actual fiscal year 1999 | 16680 |
base cost expenditures per pupil, the district's actual fiscal | 16681 |
year 1999 base cost expenditures per pupil were used in the | 16682 |
calculation. For districts in the 1999 model that did not also | 16683 |
meet the performance criteria of former division (B)(1) of this | 16684 |
section, the actual 1999 base cost per pupil expenditures were | 16685 |
used in the calculation of the average district per pupil costs of | 16686 |
the model districts. | 16687 |
(C) In July of
| 16688 |
thereafter, the speaker of the house of representatives and the | 16689 |
president of the senate shall each appoint three members to a | 16690 |
committee to reexamine the cost of an adequate education. No more | 16691 |
than two members from any political party shall represent each | 16692 |
house. The director of budget and management and the | 16693 |
superintendent of public instruction shall serve as nonvoting ex | 16694 |
officio members of the committee. | 16695 |
The committee shall select a rational methodology for | 16696 |
calculating the costs of an adequate education system for the | 16697 |
ensuing six-year period, and shall report the methodology and the | 16698 |
resulting costs to the general assembly. In performing its | 16699 |
function, the committee is not bound by any method used by | 16700 |
previous general assemblies to examine and calculate costs and | 16701 |
instead may utilize any rational method it deems suitable and | 16702 |
reasonable given the educational needs and requirements of the | 16703 |
state at that time. | 16704 |
The methodology for determining the cost of an adequate | 16705 |
education system shall take into account the basic educational | 16706 |
costs that all districts incur in educating regular students, the | 16707 |
unique needs of special categories of students, and significant | 16708 |
special conditions encountered by certain classifications of | 16709 |
school districts. | 16710 |
The committee also shall redetermine, for purposes of | 16711 |
updating the parity aid calculation under section 3317.0217 of the | 16712 |
Revised Code, the average number of effective operating mills that | 16713 |
school districts in the seventieth to ninetieth percentiles of | 16714 |
valuations per pupil collect above the revenues required to | 16715 |
finance their attributed local shares of the calculated cost of an | 16716 |
adequate education. | 16717 |
Any committee appointed pursuant to this section shall make | 16718 |
its report to the office of budget and management and the general | 16719 |
assembly within
| 16720 |
information is available for use by the office and the general | 16721 |
assembly in preparing the next biennial appropriations act. | 16722 |
(D)(1) For purposes of this division, an "update year" is | 16723 |
the first fiscal year for which the per pupil base cost of an | 16724 |
adequate education is in effect after being recalculated by the | 16725 |
general assembly. The first update year is fiscal year 2002. The | 16726 |
second update year is fiscal year 2008. | 16727 |
(2) The general assembly shall recalculate the per pupil | 16728 |
base cost of an adequate education every six years after | 16729 |
considering the recommendations of the committee appointed under | 16730 |
division (C) of this section. At the time of the recalculation, | 16731 |
for each of the five fiscal years following the update year, the | 16732 |
general assembly shall adjust the base cost recalculated for the | 16733 |
update year using an annual rate of inflation that the general | 16734 |
assembly determines appropriate. | 16735 |
(3) The general assembly shall include, in the act | 16736 |
appropriating state funds for education programs for a fiscal | 16737 |
biennium that begins with an update year, a statement of its | 16738 |
determination of the total state share percentage of base cost and | 16739 |
parity aid funding for the update year. | 16740 |
(4) During its biennial budget deliberations, the general | 16741 |
assembly shall determine the total state share percentage of base | 16742 |
cost and parity aid funding for each fiscal year of the upcoming | 16743 |
biennium. This determination shall be based on the latest | 16744 |
projections and data provided by the department of education under | 16745 |
division (D)(6) of this section prior to the enactment of | 16746 |
education appropriations for the upcoming biennium. If, based on | 16747 |
those latest projections and data, the general assembly determines | 16748 |
that the total state share percentage for either or both nonupdate | 16749 |
fiscal years varies more than two and one-half percentage points | 16750 |
more or less than the total state share percentage for the most | 16751 |
recent update year, as previously stated by the general assembly | 16752 |
under division (D)(3) of this section, the general assembly shall | 16753 |
determine and enact a method that it considers appropriate to | 16754 |
restrict the estimated variance for each year to within two and | 16755 |
one-half percentage points. The general assembly's methods may | 16756 |
include, but are not required to include and need not be limited | 16757 |
to, reexamining the rate of millage charged off as the local share | 16758 |
of base cost funding under divisions (A)(1) and (2) of section | 16759 |
3317.022 of the Revised Code. Regardless of any changes in | 16760 |
charge-off millage rates in years between update years, however, | 16761 |
the charge-off millage rate for update years shall be twenty-three | 16762 |
mills, unless the general assembly determines that a different | 16763 |
millage rate is more appropriate to share the total calculated | 16764 |
base cost between the state and school districts. | 16765 |
(5) The total state share percentage of base cost and parity | 16766 | |||||
aid funding for any fiscal year is calculated as follows:
|
Where: | 16771 |
(a) The total state base cost equals the sum of the base | 16772 |
costs for all school districts for the fiscal year. | 16773 |
(b) The base cost for each school district equals: | 16774 |
16775 |
16776 |
16777 |
(c) The total state parity aid funding equals the sum of the | 16778 |
amounts paid to all school districts for the fiscal year under | 16779 |
section 3317.0217 of the Revised Code. | 16780 |
(d) The statewide charge-off amount equals the sum of the | 16781 |
charge-off amounts for all school districts. | 16782 |
(e) The charge-off amount for each school district is the | 16783 |
amount calculated as its local share of base cost funding and | 16784 |
deducted from the total calculated base cost to determine the | 16785 |
amount of its state payment under divisions (A)(1) and (2) of | 16786 |
section 3317.022 of the Revised Code. The charge-off amount for | 16787 |
each school district in fiscal year 2002 is the product of | 16788 |
twenty-three mills multiplied by the district's recognized | 16789 |
valuation. If however, in any fiscal year, including fiscal year | 16790 |
2002, a school district's calculated charge-off amount exceeds its | 16791 |
base cost calculated as described in division (D)(2) of this | 16792 |
section, the district's charge-off amount shall be deemed to equal | 16793 |
its calculated base cost. | 16794 |
(6) Whenever requested by the chairperson of the standing | 16795 |
committee of the house or representatives or the senate having | 16796 |
primary jurisdiction over appropriations, the legislative budget | 16797 |
officer, or the director of budget and management, the department | 16798 |
of education shall report its latest projections for total base | 16799 |
cost, total parity aid funding, and the statewide charge-off | 16800 |
amount, as those terms are defined in division (D)(5) of this | 16801 |
section, for each year of the upcoming fiscal biennium, and all | 16802 |
data it used to make the projections. | 16803 |
Sec. 3317.013. This section does not apply to handicapped | 16804 |
preschool students. | 16805 |
Analysis of special education cost data has resulted in a | 16806 |
finding that the average special education additional cost per | 16807 |
pupil, including the costs of related services, can be expressed | 16808 |
as a multiple of the base cost per pupil calculated under section | 16809 |
3317.012 of the Revised Code. The multiples for the following | 16810 |
categories of special education programs, as these programs are | 16811 |
defined for purposes of Chapter 3323. of the Revised Code, are as | 16812 |
follows: | 16813 |
(A) A multiple of
| 16814 |
specific learning disabled, other health handicapped, or | 16815 |
developmentally handicapped, as these terms are defined pursuant | 16816 |
to Chapter 3323. of the Revised Code; | 16817 |
(B) A multiple of
| 16818 |
hearing handicapped, orthopedically handicapped, vision impaired, | 16819 |
multihandicapped, and severe behavior handicapped, as these terms | 16820 |
are defined pursuant to Chapter 3323. of the Revised Code. | 16821 |
Further analysis indicates that approximately one-eighth of | 16822 |
the total costs of serving special education students consists of | 16823 |
the furnishing of the related services specified in division | 16824 |
(B)(3) of section 3317.022 of the Revised Code. | 16825 |
The general assembly has adjusted the multiples specified in | 16826 |
this section for calculating payments beginning in fiscal year | 16827 |
2002 in recognition that its policy change regarding the | 16828 |
application of the cost-of-doing-business factor produces a higher | 16829 |
base cost amount than would exist if no change were made to its | 16830 |
application. The adjustment maintains the same weighted costs as | 16831 |
would exist if no change were made to the application of the | 16832 |
cost-of-doing-business factor. | 16833 |
Sec. 3317.014. The average vocational education additional | 16834 |
cost per pupil can be expressed as a multiple of the base cost per | 16835 |
pupil calculated under section 3317.012 of the Revised Code. the | 16836 |
multiples for the following categories of vocational education | 16837 |
programs are as follows: | 16838 |
(A) A multiple of
| 16839 |
vocational education job-training and workforce development | 16840 |
programs approved by the department of education in accordance | 16841 |
with rules adopted under section 3313.90 of the Revised Code. | 16842 |
The rules adopted under this division may provide for | 16843 |
programs that include instructional time beyond the normal periods | 16844 |
of instruction, including summers, for areas of study such as | 16845 |
agriculture. For any such program, the multiple of 0.57 may be | 16846 |
apportioned so that the multiple for the normal school year is | 16847 |
less than the multiple for the additional instructional time but | 16848 |
that a school district may receive the entire value of the weight | 16849 |
for the program if the program extends beyond the normal periods | 16850 |
of instruction. | 16851 |
(B) A multiple of
| 16852 |
vocational education classes other than job-training and workforce | 16853 |
development programs. | 16854 |
Vocational education associated services costs can be | 16855 |
expressed as a multiple of 0.05 of the base cost per pupil | 16856 |
calculated under section 3317.012 of the Revised Code. | 16857 |
The general assembly has adjusted the multiples specified in | 16858 |
this section for calculating payments beginning in fiscal year | 16859 |
2002 in recognition that its policy change regarding the | 16860 |
application of the cost-of-doing-business factor produces a higher | 16861 |
base cost amount than would exist if no change were made to its | 16862 |
application. The adjustment maintains the same weighted costs as | 16863 |
would exist if no change were made to the application of the | 16864 |
cost-of-doing-business factor. | 16865 |
Sec. 3317.02. As used in this chapter: | 16866 |
(A) Unless otherwise specified, "school district" means | 16867 |
city, local, and exempted village school districts. | 16868 |
(B) "Formula amount" means the base cost for the fiscal year | 16869 |
specified in section 3317.012 of the
Revised Code | 16870 |
16871 | |
16872 | |
16873 | |
16874 | |
16875 |
(C) "FTE basis" means a count of students based on full-time | 16876 |
equivalency, in accordance with rules adopted by the department of | 16877 |
education pursuant to section 3317.03 of the Revised Code. In | 16878 |
adopting its rules under this division, the department shall | 16879 |
provide for counting any student in category one, two, or three | 16880 |
special education ADM or in category one or two vocational | 16881 |
education ADM in the same proportion the student is counted in | 16882 |
formula ADM. | 16883 |
(D)(1) "Formula ADM" means, for a city, local, or exempted | 16884 |
village school district, the number reported pursuant to division | 16885 |
(A) of section 3317.03 of the Revised Code, and for a joint | 16886 |
vocational school district, the number reported pursuant to | 16887 |
division (D) of that section. | 16888 |
(2) "Three-year average formula ADM" means the average of | 16889 |
formula ADMs for the current and preceding two fiscal years. | 16890 |
However, as applicable in fiscal years 1999 and 2000, the | 16891 |
three-year average for city, local, and exempted village school | 16892 |
districts shall be determined utilizing the FY 1997 ADM or FY 1998 | 16893 |
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In | 16894 |
fiscal years 2000 and 2001, the three-year average for joint | 16895 |
vocational school districts shall be determined utilizing the | 16896 |
average daily membership reported in fiscal years 1998 and 1999 | 16897 |
under division (D) of section 3317.03 of the Revised Code in lieu | 16898 |
of formula ADM for fiscal years 1998 and 1999. | 16899 |
(E) "FY 1997 ADM" or "FY 1998 ADM" means the school | 16900 |
district's average daily membership reported for the applicable | 16901 |
fiscal year under the version of division (A) of section 3317.03 | 16902 |
of the Revised Code in effect during that fiscal year, adjusted as | 16903 |
follows: | 16904 |
(1) Minus the average daily membership of handicapped | 16905 |
preschool children; | 16906 |
(2) Minus one-half of the average daily membership attending | 16907 |
kindergarten; | 16908 |
(3) Minus three-fourths of the average daily membership | 16909 |
attending a joint vocational school district; | 16910 |
(4) Plus the average daily membership entitled under section | 16911 |
3313.64 or 3313.65 of the Revised Code to attend school in the | 16912 |
district but receiving educational services in approved units from | 16913 |
an educational service center or another school district under a | 16914 |
compact or a cooperative education agreement, as determined by the | 16915 |
department; | 16916 |
(5) Minus the average daily membership receiving educational | 16917 |
services from the district in approved units but entitled under | 16918 |
section 3313.64 or 3313.65 of the Revised Code to attend school in | 16919 |
another school district, as determined by the department. | 16920 |
(F)(1) "Category one special education ADM" means the average | 16921 |
daily membership of handicapped children receiving special | 16922 |
education services for those handicaps specified in division (A) | 16923 |
of section 3317.013 of the Revised Code and reported under | 16924 |
division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised | 16925 |
Code. | 16926 |
(2) "Category two special education ADM" means the average | 16927 |
daily membership of handicapped children receiving special | 16928 |
education services for those handicaps specified in division (B) | 16929 |
of section 3317.013 of the Revised Code and reported under | 16930 |
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 16931 |
Code. | 16932 |
(3) "Category three special education ADM" means the average | 16933 |
daily membership of students receiving special education services | 16934 |
for students identified as autistic, having traumatic brain | 16935 |
injuries, or as both visually and hearing disabled as these terms | 16936 |
are defined pursuant to Chapter 3323. of the Revised Code, and | 16937 |
reported under division (B)(7) or (D)(2)(d) of section 3317.03 of | 16938 |
the Revised Code. | 16939 |
(4) "Category one vocational education ADM" means the | 16940 |
average daily membership of students receiving vocational | 16941 |
education services described in division (A) of section 3317.014 | 16942 |
of the Revised Code and reported under division (B)(8) or | 16943 |
(D)(2)(e) of section 3317.03 of the Revised Code. | 16944 |
(5) "Category two vocational education ADM" means the average | 16945 |
daily membership of students receiving vocational education | 16946 |
services described in division (B) of section 3317.014 of the | 16947 |
Revised Code and reported under division (B)(9) or (D)(2)(f) of | 16948 |
section 3317.03 of the Revised Code. | 16949 |
(G) "Handicapped preschool child" means a handicapped child, | 16950 |
as defined in section 3323.01 of the Revised Code, who is at least | 16951 |
age three but is not of compulsory school age, as defined in | 16952 |
section 3321.01 of the Revised Code, and who is not currently | 16953 |
enrolled in kindergarten. | 16954 |
(H) "County MR/DD board" means a county board of mental | 16955 |
retardation and developmental disabilities. | 16956 |
(I) "Recognized valuation" means the amount calculated for a | 16957 |
school district pursuant to section 3317.015 of the Revised Code. | 16958 |
(J) "Transportation ADM" means the number of children | 16959 |
reported under division (B)(10) of section 3317.03 of the Revised | 16960 |
Code. | 16961 |
(K) "Average efficient transportation use cost per student" | 16962 |
means a statistical representation of transportation costs as | 16963 |
calculated under division (D)(2) of section 3317.022 of the | 16964 |
Revised Code. | 16965 |
(L) "Taxes charged and payable" means the taxes charged and | 16966 |
payable against real and public utility property after making the | 16967 |
reduction required by section 319.301 of the Revised Code, plus | 16968 |
the taxes levied against tangible personal property. | 16969 |
(M) "Total taxable value" means the sum of the amounts | 16970 |
certified for a city, local, exempted village, or joint vocational | 16971 |
school district under divisions (A)(1) and (2) of section 3317.021 | 16972 |
of the Revised Code. | 16973 |
(N) | 16974 |
indicated in this division for the county in which a city, local, | 16975 |
exempted village, or joint vocational school district is located | 16976 |
16977 | |
city, local, or exempted village school district is located in | 16978 |
more than one county, the factor is the amount indicated for the | 16979 |
county to which the district is assigned by the state department | 16980 |
of education. If a joint vocational school district is located in | 16981 |
more than one county, the factor is the amount indicated for the | 16982 |
county in which the joint vocational school with the greatest | 16983 |
formula ADM operated by the district is located. | 16984 |
COST-OF-DOING-BUSINESS | 16985 | |||
COUNTY | FACTOR AMOUNT | 16986 | ||
Adams | 1.0074 1.0061 | 16987 | ||
Allen | 1.0217 1.0236 | 16988 | ||
Ashland | 1.0322 1.0331 | 16989 | ||
Ashtabula | 1.0480 1.0431 | 16990 | ||
Athens | 1.0046 1.0038 | 16991 | ||
Auglaize | 1.0255 1.0272 | 16992 | ||
Belmont | 1.0078 1.0043 | 16993 | ||
Brown | 1.0194 1.0207 | 16994 | ||
Butler | 1.0650 1.0663 | 16995 | ||
Carroll | 1.0166 1.0148 | 16996 | ||
Champaign | 1.0292 1.0413 | 16997 | ||
Clark | 1.0462 1.0443 | 16998 | ||
Clermont | 1.0510 1.0532 | 16999 | ||
Clinton | 1.0293 1.0296 | 17000 | ||
Columbiana | 1.0300 1.0262 | 17001 | ||
Coshocton | 1.0205 1.0200 | 17002 | ||
Crawford | 1.0152 1.0140 | 17003 | ||
Cuyahoga | 1.0697 1.0672 | 17004 | ||
Darke | 1.0340 1.0343 | 17005 | ||
Defiance | 1.0177 1.0165 | 17006 | ||
Delaware | 1.0339 1.0479 | 17007 | ||
Erie | 1.0391 1.0372 | 17008 | ||
Fairfield | 1.0358 1.0354 | 17009 | ||
Fayette | 1.0266 1.0258 | 17010 | ||
Franklin | 1.0389 1.0519 | 17011 | ||
Fulton | 1.0355 1.0361 | 17012 | ||
Gallia | 1.0000 | 17013 | ||
Geauga | 1.0568 1.0528 | 17014 | ||
Greene | 1.0406 1.0407 | 17015 | ||
Guernsey | 1.0072 1.0064 | 17016 | ||
Hamilton | 1.0750 | 17017 | ||
Hancock | 1.0224 1.0215 | 17018 | ||
Hardin | 1.0219 1.0348 | 17019 | ||
Harrison | 1.0098 1.0081 | 17020 | ||
Henry | 1.0347 1.0338 | 17021 | ||
Highland | 1.0139 1.0129 | 17022 | ||
Hocking | 1.0149 1.0151 | 17023 | ||
Holmes | 1.0237 1.0238 | 17024 | ||
Huron | 1.0317 1.0305 | 17025 | ||
Jackson | 1.0132 1.0118 | 17026 | ||
Jefferson | 1.0084 1.0067 | 17027 | ||
Knox | 1.0251 1.0258 | 17028 | ||
Lake | 1.0596 1.0556 | 17029 | ||
Lawrence | 1.0128 1.0122 | 17030 | ||
Licking | 1.0381 1.0375 | 17031 | ||
Logan | 1.0188 1.0362 | 17032 | ||
Lorain | 1.0535 1.0521 | 17033 | ||
Lucas | 1.0413 1.0406 | 17034 | ||
Madison | 1.0342 1.0437 | 17035 | ||
Mahoning | 1.0426 1.0384 | 17036 | ||
Marion | 1.0121 1.0263 | 17037 | ||
Medina | 1.0608 1.0595 | 17038 | ||
Meigs | 1.0031 1.0018 | 17039 | ||
Mercer | 1.0177 1.0199 | 17040 | ||
Miami | 1.0425 1.0415 | 17041 | ||
Monroe | 1.0118 1.0097 | 17042 | ||
Montgomery | 1.0482 1.0476 | 17043 | ||
Morgan | 1.0140 1.0128 | 17044 | ||
Morrow | 1.0268 1.0276 | 17045 | ||
Muskingum | 1.0167 1.0145 | 17046 | ||
Noble | 1.0129 1.0103 | 17047 | ||
Ottawa | 1.0510 1.0468 | 17048 | ||
Paulding | 1.0156 1.0140 | 17049 | ||
Perry | 1.0175 1.0154 | 17050 | ||
Pickaway | 1.0338 1.0326 | 17051 | ||
Pike | 1.0103 1.0094 | 17052 | ||
Portage | 1.0556 1.0516 | 17053 | ||
Preble | 1.0486 1.0476 | 17054 | ||
Putnam | 1.0253 1.0243 | 17055 | ||
Richland | 1.0205 1.0213 | 17056 | ||
Ross | 1.0089 1.0085 | 17057 | ||
Sandusky | 1.0336 1.0307 | 17058 | ||
Scioto | 1.0044 1.0029 | 17059 | ||
Seneca | 1.0240 1.0223 | 17060 | ||
Shelby | 1.0257 1.0263 | 17061 | ||
Stark | 1.0313 1.0300 | 17062 | ||
Summit | 1.0616 1.0598 | 17063 | ||
Trumbull | 1.0425 1.0381 | 17064 | ||
Tuscarawas | 1.0099 1.0097 | 17065 | ||
Union | 1.0330 1.0446 | 17066 | ||
Van Wert | 1.0126 1.0133 | 17067 | ||
Vinton | 1.0068 1.0070 | 17068 | ||
Warren | 1.0651 1.0659 | 17069 | ||
Washington | 1.0110 1.0075 | 17070 | ||
Wayne | 1.0406 1.0404 | 17071 | ||
Williams | 1.0268 1.0284 | 17072 | ||
Wood | 1.0405 1.0382 | 17073 | ||
Wyandot | 1.0191 1.0188 | 17074 |
| 17075 |
17076 |
FISCAL YEAR OF THE | 17077 | ||||
COMPUTATION | MULTIPLIER | 17078 |
1998 | 9.6/7.5 | 17079 | |||
1999 | 11.0/7.5 | 17080 | |||
2000 | 12.4/7.5 | 17081 | |||
2001 | 13.8/7.5 | 17082 | |||
2002 | 15.2/7.5 | 17083 | |||
2003 | 16.6/7.5 | 17084 | |||
2004 and thereafter | 18.0/7.5 | 17085 |
| 17086 |
17087 | |
17088 |
17089 |
17090 |
17091 |
| 17092 |
17093 |
(O) "Tax exempt value" of a school district means the amount | 17094 |
certified for a school district under division (A)(4) of section | 17095 |
3317.021 of the Revised Code. | 17096 |
(P)
"Potential value" of a school district means the
| 17097 |
17098 | |
the tax exempt value of the district. | 17099 |
(Q) "District median income" means the median Ohio adjusted | 17100 |
gross income certified for a school district. On or before the | 17101 |
first day of July of each year, the tax commissioner shall certify | 17102 |
to the department of education for each city, exempted village, | 17103 |
and local school district the median Ohio adjusted gross income of | 17104 |
the residents of the school district determined on the basis of | 17105 |
tax returns filed for the second preceding tax year by the | 17106 |
residents of the district. | 17107 |
(R) "Statewide median income" means the median district | 17108 |
median income of all city, exempted village, and local school | 17109 |
districts in the state. | 17110 |
(S) "Income factor" for a city, exempted village, or local | 17111 |
school district means the quotient obtained by dividing that | 17112 |
district's median income by the statewide median income. | 17113 |
| 17114 |
17115 | |
17116 | |
17117 | |
17118 |
| 17119 |
17120 | |
17121 |
17122 |
17123 |
| 17124 |
17125 |
| 17126 |
17127 | |
17128 | |
17129 |
| 17130 |
17131 | |
17132 |
| 17133 |
17134 | |
17135 |
17136 |
17137 |
| 17138 |
17139 |
FISCAL YEAR OF THE | 17140 | ||||
COMPUTATION | MULTIPLE | 17141 |
2000 | 1/5 | 17142 | |||
2001 and thereafter | 4/15 | 17143 |
| 17144 |
17145 | |
17146 |
17147 |
17148 |
| 17149 |
17150 | |
17151 |
Sec. 3317.021. (A) On or before the first day of June of | 17152 |
each year, the tax commissioner shall certify to the department of | 17153 |
education the following information for each city, exempted | 17154 |
village, and local school district, and the information required | 17155 |
by divisions (A)(1) and (2) of this section for each joint | 17156 |
vocational school district, and it shall be used, along with the | 17157 |
information certified under division (B) of this section, in | 17158 |
making the computations for the district under
| 17159 |
3317.022 and 3317.0217 or section 3317.16 of the Revised Code: | 17160 |
(1) The taxable value of real and public utility real | 17161 |
property in the school district subject to taxation in the | 17162 |
preceding tax year, by class and by county of location; | 17163 |
(2) The taxable value of tangible personal property, | 17164 |
including public utility personal property, subject to taxation by | 17165 |
the district for the preceding tax year; | 17166 |
(3)(a) The total property tax rate and total taxes charged | 17167 |
and payable for the current expenses for the preceding tax year | 17168 |
and the total property tax rate and the total taxes charged and | 17169 |
payable to a joint vocational district for the preceding tax year | 17170 |
that are limited to or to the extent apportioned to current | 17171 |
expenses; | 17172 |
(b) The portion of the amount of taxes charged and payable | 17173 |
reported for each city, local, and exempted village school | 17174 |
district under division (A)(3)(a) of this section attributable to | 17175 |
a joint vocational school district. | 17176 |
(4) The value of all real and public utility real property | 17177 |
in the school district exempted from taxation minus both of the | 17178 |
following: | 17179 |
(a) The value of real and public utility real property in | 17180 |
the district owned by the United States government and used | 17181 |
exclusively for a public purpose; | 17182 |
(b) The value of real and public utility real property in | 17183 |
the district exempted from taxation under Chapter 725. or 1728. or | 17184 |
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 17185 |
5709.73, or 5709.78 of the Revised Code. | 17186 |
(5) The total
| 17187 |
17188 | |
federal adjusted gross income of the residents of the school | 17189 |
district, based on tax returns filed by the residents of the | 17190 |
district, for the most recent year for which this information is | 17191 |
available. | 17192 |
(B) On or before the first day of May each year, the tax | 17193 |
commissioner shall certify to the department of education the | 17194 |
total taxable real property value of railroads and, separately, | 17195 |
the total taxable tangible personal property value of all public | 17196 |
utilities for the preceding tax year, by school district and by | 17197 |
county of location. | 17198 |
(C) If a public utility has properly and timely filed a | 17199 |
petition for reassessment under section 5727.47 of the Revised | 17200 |
Code with respect to an assessment issued under section 5727.23 of | 17201 |
the Revised Code affecting taxable property apportioned by the tax | 17202 |
commissioner to a school district, the taxable value of public | 17203 |
utility tangible personal property included in the certification | 17204 |
under divisions (A)(2) and (B) of this section for the school | 17205 |
district shall include only the amount of taxable value on the | 17206 |
basis of which the public utility paid tax for the preceding year | 17207 |
as provided in division (B)(1) or (2) of section 5727.47 of the | 17208 |
Revised Code. | 17209 |
(D) If on the basis of the information certified under | 17210 |
division (A) of this section, the department determines that any | 17211 |
district fails in any year to meet the qualification requirement | 17212 |
specified in division (A) of section 3317.01 of the Revised Code, | 17213 |
the department shall immediately request the tax commissioner to | 17214 |
determine the extent to which any school district income tax | 17215 |
levied by the district under Chapter 5748. of the Revised Code | 17216 |
shall be included in meeting that requirement. Within five days | 17217 |
of receiving such a request from the department, the tax | 17218 |
commissioner shall make the determination required by this | 17219 |
division and report the quotient obtained under division (D)(3) of | 17220 |
this section to the department. This quotient represents the | 17221 |
number of mills that the department shall include in determining | 17222 |
whether the district meets the qualification requirement of | 17223 |
division (A) of section 3317.01 of the Revised Code. | 17224 |
The tax commissioner shall make the determination required by | 17225 |
this division as follows: | 17226 |
(1) Multiply one mill times the total taxable value of the | 17227 |
district as determined in divisions (A)(1) and (2) of this | 17228 |
section; | 17229 |
(2) Estimate the total amount of tax liability for the | 17230 |
current tax year under taxes levied by Chapter 5748. of the | 17231 |
Revised Code that are apportioned to current operating expenses of | 17232 |
the district; | 17233 |
(3) Divide the amount estimated under division (D)(2) of | 17234 |
this section by the product obtained under division (D)(1) of this | 17235 |
section. | 17236 |
| 17237 |
| 17238 |
17239 | |
17240 | |
17241 |
| 17242 |
17243 | |
17244 |
| 17245 |
17246 | |
17247 | |
17248 |
| 17249 |
17250 | |
17251 | |
17252 | |
17253 | |
17254 |
| 17255 |
17256 | |
17257 |
Sec. 3317.022. (A)(1) The department of education shall | 17258 |
compute and distribute state base cost funding to each school | 17259 |
district for the fiscal year in accordance with the following | 17260 |
formula,
| 17261 |
17262 | |
division (A)(2) of this section and using the information obtained | 17263 |
under section 3317.021 of the Revised Code in the calendar year in | 17264 |
which the fiscal year begins. | 17265 |
Compute the following for each eligible district: | 17266 |
17267 |
17268 |
17269 |
17270 |
If the difference obtained is a negative number, the | 17271 |
district's computation shall be zero. | 17272 |
(2)(a) For each school district for which the tax exempt | 17273 |
value of the district equals or exceeds twenty-five per cent of | 17274 |
the potential value of the district, the department of education | 17275 |
shall calculate the difference between the district's tax exempt | 17276 |
value and twenty-five per cent of the district's potential value. | 17277 |
(b) For each school district to which division (A)(2)(a) of | 17278 |
this section applies, the
| 17279 |
shall adjust the recognized valuation used in the calculation | 17280 |
under
division (A)(1) of this section
| 17281 |
17282 | |
calculated under division (A)(2)(a) of this section. | 17283 |
(B) As used in this section: | 17284 |
(1) The "total special education weight" for a district | 17285 |
means the sum of the following amounts: | 17286 |
(a) The district's category one special education ADM | 17287 |
multiplied by the
multiple specified
| 17288 |
section 3317.013 of the Revised Code; | 17289 |
(b) The sum of the district's category two and category | 17290 |
three special education ADMs multiplied by the multiple specified | 17291 |
| 17292 |
(2) "State share percentage" means the percentage calculated | 17293 |
for a district as follows: | 17294 |
(a) Calculate the state base cost funding amount for the | 17295 |
district for the fiscal year under division (A) of this section. | 17296 |
If the district would not receive any state base cost funding for | 17297 |
that year under that division, the district's state share | 17298 |
percentage is zero. | 17299 |
(b) If the district would receive state base cost funding | 17300 |
under that division, divide that amount by an amount equal to the | 17301 |
following: | 17302 |
17303 |
17304 |
17305 |
The resultant number is the district's state share | 17306 |
percentage. | 17307 |
(3) "Related services" includes: | 17308 |
(a) Child study, special education supervisors and | 17309 |
coordinators, speech and hearing services, adaptive physical | 17310 |
development services, occupational or physical therapy, teacher | 17311 |
assistants for handicapped children whose handicaps are described | 17312 |
in division (B) of section 3317.013 or division (F)(3) of section | 17313 |
3317.02 of the Revised Code, behavioral intervention, interpreter | 17314 |
services, work study, nursing services, and specialized | 17315 |
integrative services as those terms are defined by the department; | 17316 |
(b) Speech and language services provided to any student | 17317 |
with a handicap, including any student whose primary or only | 17318 |
handicap is a speech and language handicap; | 17319 |
(c) Any related service not specifically covered by other | 17320 |
state funds but specified in federal law, including but not | 17321 |
limited to, audiology and school psychological services; | 17322 |
(d) Any service included in units funded under former | 17323 |
division (O)(1) of section 3317.023 of the Revised Code; | 17324 |
(e) Any other related service needed by handicapped children | 17325 |
in accordance with their individualized education plans. | 17326 |
(4) The "total vocational education weight" for a district | 17327 |
means the sum of the following amounts: | 17328 |
(a) The district's category one vocational education ADM | 17329 |
multiplied by the multiple specified in division (A) of section | 17330 |
3317.014 of the Revised Code; | 17331 |
(b) The district's category two vocational education ADM | 17332 |
multiplied by the multiple specified in division (B) of section | 17333 |
3317.014 of the Revised Code. | 17334 |
(C)(1) The department shall compute and distribute state | 17335 |
special education and related services additional weighted costs | 17336 |
funds to each school district in accordance with the following | 17337 |
formula: | 17338 |
17339 |
17340 |
17341 |
17342 |
(2) In any fiscal year, a school district receiving funds | 17343 |
under division (C)(1) of this section shall spend on related | 17344 |
services the lesser of the following: | 17345 |
(a) The amount the district spent on related services in the | 17346 |
preceding fiscal year; | 17347 |
(b) 1/8 X {[cost-of-doing-business factor X the formula | 17348 |
amount X (the category one special education ADM + category two | 17349 |
special education ADM + category three special education ADM)] + | 17350 |
the amount calculated for the fiscal year under division (C)(1) of | 17351 |
this section + the local share of special education and related | 17352 |
services additional weighted costs}. | 17353 |
(3) The attributed local share of special education and | 17354 |
related services additional weighted costs equals: | 17355 |
17356 |
17357 |
17358 |
(4)(a) The department shall compute and pay in accordance | 17359 |
with this division additional state aid to school districts for | 17360 |
students in
| 17361 |
education ADM. If a district's costs for the fiscal year for a | 17362 |
student in its
| 17363 |
education ADM are twenty-five thousand dollars or more, the | 17364 |
district may submit to the superintendent of public instruction | 17365 |
documentation, as prescribed by the superintendent, of all its | 17366 |
costs for that student. Upon submission of documentation for a | 17367 |
student of the type and in the manner prescribed, the department | 17368 |
shall pay to the district an amount equal to the sum of the | 17369 |
following: | 17370 |
(i) One-half of the district's costs for the student in | 17371 |
excess of twenty-five thousand dollars; | 17372 |
(ii) The product of one-half of the district's costs for the | 17373 |
student in excess of twenty-five thousand dollars multiplied by | 17374 |
the district's state share percentage. | 17375 |
(b) In fiscal year 2002, if a district's costs for a student | 17376 |
in its category three special education ADM are twenty-five | 17377 |
thousand dollars or more, the district may submit to the | 17378 |
superintendent of public instruction documentation, as prescribed | 17379 |
by the superintendent, of all its costs for that student. Upon | 17380 |
submission of documentation for a student of the type and in the | 17381 |
manner prescribed, the department shall pay to the district an | 17382 |
amount equal to the sum of the following: | 17383 |
(i) One-half of the district's costs for the student in | 17384 |
excess of twenty-five thousand dollars; | 17385 |
(ii) The product of one-half of the district's costs for the | 17386 |
student in excess of twenty-five thousand dollars multiplied by | 17387 |
the district's state share percentage. | 17388 |
(c) In any fiscal year after fiscal year 2002, if a | 17389 |
district's costs for a student in its category three special | 17390 |
education ADM are twenty thousand dollars or more, the district | 17391 |
may submit to the superintendent of public instruction | 17392 |
documentation, as prescribed by the superintendent, of all its | 17393 |
costs for that student. Upon submission of documentation for a | 17394 |
student of the type and in the manner prescribed, the department | 17395 |
shall pay to the district an amount equal to the sum of the | 17396 |
following: | 17397 |
(i) One-half of the district's costs for the student in | 17398 |
excess of twenty thousand dollars; | 17399 |
(ii) The product of one-half of the district's costs for the | 17400 |
student in excess of twenty thousand dollars multiplied by the | 17401 |
district's state share percentage. | 17402 |
(d) The district shall only report under divisions (C)(4)(a) | 17403 |
to (c) of this section, and the department shall only pay for, the | 17404 |
costs of educational expenses and the related services provided to | 17405 |
the student in accordance with the student's individualized | 17406 |
education program. Any legal fees, court costs, or other costs | 17407 |
associated with any cause of action relating to the student may | 17408 |
not be included in the amount. | 17409 |
(5)(a) As used in this division, the "personnel allowance" | 17410 |
means
| 17411 |
thousand dollars
in fiscal
year
| 17412 |
six hundred fifty-two dollars in fiscal year 2003. | 17413 |
(b) For the provision of speech services to students and for | 17414 |
no other purpose, the department of education shall pay each | 17415 |
school district an amount calculated under the following formula: | 17416 |
17417 |
17418 |
(6) In any fiscal year, a school district receiving funds | 17419 |
under division (C)(1) of this section shall spend those funds only | 17420 |
for the purposes that the department designates as approved for | 17421 |
special education expenses. | 17422 |
(D)(1) As used in this division: | 17423 |
(a) "Daily bus miles per student" equals the number of bus | 17424 |
miles traveled per day, divided by transportation base. | 17425 |
(b) "Transportation base" equals total student count as | 17426 |
defined in section 3301.011 of the Revised Code, minus the number | 17427 |
of students enrolled in preschool handicapped units, plus the | 17428 |
number of nonpublic school students included in transportation | 17429 |
ADM. | 17430 |
(c) "Transported student percentage" equals transportation | 17431 |
ADM divided by transportation base. | 17432 |
(d) "Transportation cost per student" equals total operating | 17433 |
costs for board-owned or contractor-operated school buses divided | 17434 |
by transportation base. | 17435 |
(2) Analysis of student transportation cost data has | 17436 |
resulted in a finding that an average efficient transportation use | 17437 |
cost per student can be calculated by means of a regression | 17438 |
formula that has as its two independent variables the number of | 17439 |
daily bus miles per student and the transported student | 17440 |
percentage. For fiscal year 1998 transportation cost data, the | 17441 |
average efficient transportation use cost per student is expressed | 17442 |
as follows: | 17443 |
17444 |
17445 |
The department of education shall annually determine the | 17446 |
average efficient transportation use cost per student in | 17447 |
accordance with the principles stated in division (D)(2) of this | 17448 |
section, updating the intercept and regression coefficients of the | 17449 |
regression formula modeled in this division, based on an annual | 17450 |
statewide analysis of each school district's daily bus miles per | 17451 |
student, transported student percentage, and transportation cost | 17452 |
per student data. The department shall conduct the annual update | 17453 |
using data, including daily bus miles per student, transported | 17454 |
student percentage, and transportation cost per student data, from | 17455 |
the prior fiscal year. The department shall notify the office of | 17456 |
budget and management of such update by the fifteenth day of | 17457 |
February of each year. | 17458 |
(3) In addition to funds paid under divisions (A), (C), and | 17459 |
(E) of this section, each district with a transported student | 17460 |
percentage greater than zero shall receive a payment equal to a | 17461 |
percentage of the product of the district's transportation base | 17462 |
from the prior fiscal year times the annually updated average | 17463 |
efficient transportation use cost per student, times an inflation | 17464 |
factor of two and eight tenths per cent to account for the | 17465 |
one-year difference between the data used in updating the formula | 17466 |
and calculating the payment and the year in which the payment is | 17467 |
made. The percentage shall be the following percentage of that | 17468 |
product specified for the corresponding fiscal year: | 17469 |
FISCAL YEAR | PERCENTAGE | 17470 | |||
2000 | 52.5% | 17471 | |||
2001 | 55% | 17472 | |||
2002 | 57.5% | 17473 | |||
2003 and thereafter | The greater of 60% or the district's state share percentage | 17474 |
The payments made under division (D)(3) of this section each | 17475 |
year shall be calculated based on all of the same prior year's | 17476 |
data used to update the formula. | 17477 |
(4) In addition to funds paid under divisions (D)(2) and (3) | 17478 |
of this section, a school district shall receive a rough road | 17479 |
subsidy if both of the following apply: | 17480 |
(a) Its county rough road percentage is higher than the | 17481 |
statewide rough road percentage, as those terms are defined in | 17482 |
division (D)(5) of this section; | 17483 |
(b) Its district student density is lower than the statewide | 17484 |
student density, as those terms are defined in that division. | 17485 |
(5) The rough road subsidy paid to each district meeting the | 17486 |
qualifications of division (D)(4) of this section shall be | 17487 |
calculated in accordance with the following formula: | 17488 |
17489 |
17490 |
where: | 17491 |
(a) "Per rough mile subsidy" equals the amount calculated in | 17492 |
accordance with the following formula: | 17493 |
17494 |
17496 |
17497 |
(i) "Maximum rough road percentage" means the highest county | 17498 |
rough road percentage in the state. | 17499 |
(ii) "County rough road percentage" equals the percentage of | 17500 |
the mileage of state, municipal, county, and township roads that | 17501 |
is rated by the department of transportation as type A, B, C, E2, | 17502 |
or F in the county in which the school district is located or, if | 17503 |
the district is located in more than one county, the county to | 17504 |
which it is assigned for purposes of determining its | 17505 |
cost-of-doing-business factor. | 17506 |
(iii) "Statewide rough road percentage" means the percentage | 17507 |
of the statewide total mileage of state, municipal, county, and | 17508 |
township roads that is rated as type A, B, C, E2, or F by the | 17509 |
department of transportation. | 17510 |
(b) "Total rough road miles" means a school district's total | 17511 |
bus miles traveled in one year times its county rough road | 17512 |
percentage. | 17513 |
(c) "Density multiplier" means a figure calculated in | 17514 |
accordance with the following formula: | 17515 |
17516 |
17517 |
17518 |
(i) "Minimum student density" means the lowest district | 17519 |
student density in the state. | 17520 |
(ii) "District student density" means a school district's | 17521 |
transportation base divided by the number of square miles in the | 17522 |
district. | 17523 |
(iii) "Statewide student density" means the sum of the | 17524 |
transportation bases for all school districts divided by the sum | 17525 |
of the square miles in all school districts. | 17526 |
(6) In addition to funds paid under divisions (D)(2) to (5) | 17527 |
of this section, each district shall receive in accordance with | 17528 |
rules adopted by the state board of education a payment for | 17529 |
students transported by means other than board-owned or | 17530 |
contractor-operated buses and whose transportation is not funded | 17531 |
under division (J) of section 3317.024 of the Revised Code. The | 17532 |
rules shall include provisions for school district reporting of | 17533 |
such students. | 17534 |
| 17535 |
17536 | |
17537 | |
17538 | |
17539 | |
17540 | |
17541 | |
17542 | |
17543 |
(E)(1) The department shall compute and distribute state | 17544 |
vocational education additional weighted costs funds to each | 17545 |
school district in accordance with the following formula: | 17546 |
17547 |
17548 |
17549 |
In any fiscal year, a school district receiving funds under | 17550 |
division (E)(1) of this section shall spend those funds only for | 17551 |
the purposes that the department designates as approved for | 17552 |
vocational education expenses. | 17553 |
(2) The department shall compute for each school district | 17554 |
state funds for vocational education associated services in | 17555 |
accordance with the following formula: | 17556 |
17557 |
17558 |
17559 |
In any fiscal year, a school district receiving funds under | 17560 |
division (E)(2) of this section, or through a transfer of funds | 17561 |
pursuant to division (L) of section 3317.023 of the Revised Code, | 17562 |
shall spend those funds only for the purposes that the department | 17563 |
designates as approved for vocational education associated | 17564 |
services expenses, which may include such purposes as | 17565 |
apprenticeship coordinators, coordinators for other vocational | 17566 |
education services, vocational evaluation, and other purposes | 17567 |
designated by the department. The department may deny payment | 17568 |
under division (E)(2) of this section to any district that the | 17569 |
department determines is not operating those services or is using | 17570 |
funds paid under division (E)(2) of this section, or through a | 17571 |
transfer of funds pursuant to division (L) of section 3317.023 of | 17572 |
the Revised Code, for other purposes. | 17573 |
| 17574 |
17575 | |
17576 | |
17577 | |
17578 |
(F) Beginning in fiscal year 2003, the actual local share in | 17579 |
any fiscal year for the combination of special education and | 17580 |
related services additional weighted costs funding calculated | 17581 |
under division (C)(1) of this section, transportation funding | 17582 |
calculated under divisions (D)(2) and (3) of this section, and | 17583 |
vocational education and associated services additional weighted | 17584 |
costs funding calculated under divisions (E)(1) and (2) of this | 17585 |
section shall not exceed for any school district the product of | 17586 |
three mills times the district's recognized valuation. Beginning | 17587 |
in fiscal year 2003, the department annually shall pay each school | 17588 |
district as an excess cost supplement any amount by which the sum | 17589 |
of the district's attributed local shares for that funding exceeds | 17590 |
that product. For purposes of calculating the excess cost | 17591 |
supplement: | 17592 |
(1) The attributed local share for special education and | 17593 |
related services additional weighted costs funding is the amount | 17594 |
specified in division (C)(3) of this section. | 17595 |
(2) The attributed local share of transportation funding | 17596 |
equals the difference of the total amount calculated for the | 17597 |
district using the formula developed under division (D)(2) of this | 17598 |
section minus the actual amount paid to the district after | 17599 |
applying the percentage specified in division (D)(3) of this | 17600 |
section. | 17601 |
(3) The attributed local share of vocational education and | 17602 |
associated services additional weighted costs funding is the | 17603 |
amount determined as follows: | 17604 |
17605 |
17606 |
17607 |
Sec. 3317.023. (A) Notwithstanding section 3317.022 of the | 17608 |
Revised Code, the amounts required to be paid to a district under | 17609 |
this chapter shall be adjusted by the amount of the computations | 17610 |
made under divisions (B) to
| 17611 |
As used in this section: | 17612 |
(1) "Classroom teacher" means a licensed employee who | 17613 |
provides direct instruction to pupils, excluding teachers funded | 17614 |
from money paid to the district from federal sources; educational | 17615 |
service personnel; and vocational and special education teachers. | 17616 |
(2) "Educational service personnel" shall not include such | 17617 |
specialists funded from money paid to the district from federal | 17618 |
sources or assigned full-time to vocational or special education | 17619 |
students and classes and may only include those persons employed | 17620 |
in the eight specialist areas in a pattern approved by the | 17621 |
department of education under guidelines established by the state | 17622 |
board of education. | 17623 |
(3) "Annual salary" means the annual base salary stated in | 17624 |
the state minimum salary schedule for the performance of the | 17625 |
teacher's regular teaching duties that the teacher earns for | 17626 |
services rendered for the first full week of October of the fiscal | 17627 |
year for which the adjustment is made under division (C) of this | 17628 |
section. It shall not include any salary payments for | 17629 |
supplemental teachers contracts. | 17630 |
(4) "Regular student population" means the formula ADM plus | 17631 |
the number of students reported as enrolled in the district | 17632 |
pursuant to division (A)(1) of section 3313.981 of the Revised | 17633 |
Code; minus the number of students reported under division (A)(2) | 17634 |
of section 3317.03 of the Revised Code; minus the FTE of students | 17635 |
reported under division (B)(5), (6), (7), (8), or (9) of that | 17636 |
section who are enrolled in a vocational education class or | 17637 |
receiving special education; and minus one-fourth of the students | 17638 |
enrolled concurrently in a joint vocational school district. | 17639 |
(5) "State share percentage" has the same meaning as in | 17640 |
section 3317.022 of the Revised Code. | 17641 |
(6) "VEPD" means a school district or group of school | 17642 |
districts designated by the department of education as being | 17643 |
responsible for the planning for and provision of vocational | 17644 |
education services to students within the district or group. | 17645 |
(7) "Lead district" means a school district, including a | 17646 |
joint vocational school district, designated by the department as | 17647 |
a VEPD, or designated to provide primary vocational education | 17648 |
leadership within a VEPD composed of a group of districts. | 17649 |
(B) If the district employs less than one full-time | 17650 |
equivalent classroom teacher for each twenty-five pupils in the | 17651 |
regular student population in any school district, deduct the sum | 17652 |
of the amounts obtained from the following computations: | 17653 |
(1) Divide the number of the district's full-time equivalent | 17654 |
classroom teachers employed by one twenty-fifth; | 17655 |
(2) Subtract the quotient in (1) from the district's regular | 17656 |
student population; | 17657 |
(3) Multiply the difference in (2) by seven hundred | 17658 |
fifty-two dollars. | 17659 |
(C) If a positive amount, add one-half of the amount | 17660 |
obtained by multiplying the number of full-time equivalent | 17661 |
classroom teachers by: | 17662 |
(1) The mean annual salary of all full-time equivalent | 17663 |
classroom teachers employed by the district at their respective | 17664 |
training and experience levels minus; | 17665 |
(2) The mean annual salary of all such teachers at their | 17666 |
respective levels in all school districts receiving payments under | 17667 |
this section. | 17668 |
The number of full-time equivalent classroom teachers used in | 17669 |
this computation shall not exceed one twenty-fifth of the | 17670 |
district's regular student population. In calculating the | 17671 |
district's mean salary under this division, those full-time | 17672 |
equivalent classroom teachers with the highest training level | 17673 |
shall be counted first, those with the next highest training level | 17674 |
second, and so on, in descending order. Within the respective | 17675 |
training levels, teachers with the highest years of service shall | 17676 |
be counted first, the next highest years of service second, and so | 17677 |
on, in descending order. | 17678 |
(D) This division does not apply to a school district that | 17679 |
has entered into an agreement under division (A) of section | 17680 |
3313.42 of the Revised Code. Deduct the amount obtained from the | 17681 |
following computations if the district employs fewer than five | 17682 |
full-time equivalent educational service personnel, including | 17683 |
elementary school art, music, and physical education teachers, | 17684 |
counselors, librarians, visiting teachers, school social workers, | 17685 |
and school nurses for each one thousand pupils in the regular | 17686 |
student population: | 17687 |
(1) Divide the number of full-time equivalent educational | 17688 |
service personnel employed by the district by five | 17689 |
one-thousandths; | 17690 |
(2) Subtract the quotient in (1) from the district's regular | 17691 |
student population; | 17692 |
(3) Multiply the difference in (2) by ninety-four dollars. | 17693 |
(E) If a local school district, or a city or exempted | 17694 |
village school district to which a governing board of an | 17695 |
educational service center provides services pursuant to section | 17696 |
3313.843 of the Revised Code, deduct the amount of the payment | 17697 |
required for the reimbursement of the governing board under | 17698 |
section 3317.11 of the Revised Code. | 17699 |
(F)(1) If the district is required to pay to or entitled to | 17700 |
receive tuition from another school district under division (C)(2) | 17701 |
or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 17702 |
or if the superintendent of public instruction is required to | 17703 |
determine the correct amount of tuition and make a deduction or | 17704 |
credit under section 3317.08 of the Revised Code, deduct and | 17705 |
credit such amounts as provided in division (I) of section 3313.64 | 17706 |
or section 3317.08 of the Revised Code. | 17707 |
(2) For each child for whom the district is responsible for | 17708 |
tuition or payment under division (A)(1) of section 3317.082 or | 17709 |
section 3323.091 of the Revised Code, deduct the amount of tuition | 17710 |
or payment for which the district is responsible. | 17711 |
(G) If the district has been certified by the superintendent | 17712 |
of public instruction under section 3313.90 of the Revised Code as | 17713 |
not in compliance with the requirements of that section, deduct an | 17714 |
amount equal to ten per cent of the amount computed for the | 17715 |
district under section 3317.022 of the Revised Code. | 17716 |
(H) If the district has received a loan from a commercial | 17717 |
lending institution for which payments are made by the | 17718 |
superintendent of public instruction pursuant to division (E)(3) | 17719 |
of section 3313.483 of the Revised Code, deduct an amount equal to | 17720 |
such payments. | 17721 |
(I)(1) If the district is a party to an agreement entered | 17722 |
into under division (D), (E), or (F) of section 3311.06 or | 17723 |
division (B) of section 3311.24 of the Revised Code and is | 17724 |
obligated to make payments to another district under such an | 17725 |
agreement, deduct an amount equal to such payments if the district | 17726 |
school board notifies the department in writing that it wishes to | 17727 |
have such payments deducted. | 17728 |
(2) If the district is entitled to receive payments from | 17729 |
another district that has notified the department to deduct such | 17730 |
payments under division (I)(1) of this section, add the amount of | 17731 |
such payments. | 17732 |
(J) If the district is required to pay an amount of funds to | 17733 |
a cooperative education district pursuant to a provision described | 17734 |
by division (B)(4) of section 3311.52 or division (B)(8) of | 17735 |
section 3311.521 of the Revised Code, deduct such amounts as | 17736 |
provided under that provision and credit those amounts to the | 17737 |
cooperative education district for payment to the district under | 17738 |
division (B)(1) of section 3317.19 of the Revised Code. | 17739 |
(K)(1) If a district is educating a student entitled to | 17740 |
attend school in another district pursuant to a shared education | 17741 |
contract, compact, or cooperative education agreement other than | 17742 |
an agreement entered into pursuant to section 3313.842 of the | 17743 |
Revised Code, credit to that educating district on an FTE basis | 17744 |
both of the following: | 17745 |
(a) An amount equal to the formula amount times the cost of | 17746 |
doing business factor of the school district where the student is | 17747 |
entitled to attend school pursuant to section 3313.64 or 3313.65 | 17748 |
of the Revised Code; | 17749 |
(b) An amount equal to the formula amount times the state | 17750 |
share percentage times any multiple applicable to the student | 17751 |
pursuant to section 3317.013 or 3317.014 of the Revised Code. | 17752 |
(2) Deduct any amount credited pursuant to division (K)(1) | 17753 |
of this section from amounts paid to the school district in which | 17754 |
the student is entitled to attend school pursuant to section | 17755 |
3313.64 or 3313.65 of the Revised Code. | 17756 |
(3) If the district is required by a shared education | 17757 |
contract, compact, or cooperative education agreement to make | 17758 |
payments to an educational service center, deduct the amounts from | 17759 |
payments to the district and add them to the amounts paid to the | 17760 |
service center pursuant to section 3317.11 of the Revised Code. | 17761 |
(L)(1) If a district, including a joint vocational school | 17762 |
district, is a lead district of a VEPD, credit to that district | 17763 |
the amounts calculated for all the school districts within that | 17764 |
VEPD pursuant to division (E)(2) of section 3317.022 of the | 17765 |
Revised Code. | 17766 |
(2) Deduct from each appropriate district that is not a lead | 17767 |
district, the amount attributable to that district that is | 17768 |
credited to a lead district under division (L)(1) of this section. | 17769 |
Sec. 3317.024. In addition to the moneys paid to eligible | 17770 |
school districts pursuant to section 3317.022 of the Revised Code, | 17771 |
moneys appropriated for the education programs in divisions (A) to | 17772 |
(H), (J) to (L), (O), (P), and (R) of this section shall be | 17773 |
distributed to school districts meeting the requirements of | 17774 |
section 3317.01 of the Revised Code; in the case of divisions (J) | 17775 |
and (P) of this section, to educational service centers as | 17776 |
provided in section 3317.11 of the Revised Code; in the case of | 17777 |
divisions (E), (M), and (N) of this section, to county MR/DD | 17778 |
boards; in the case of division (R) of this section, to joint | 17779 |
vocational school districts; in the case of division (K) of this | 17780 |
section, to cooperative education school districts; and in the | 17781 |
case of division (Q) of this section, to the institutions defined | 17782 |
under section 3317.082 of the Revised Code providing elementary or | 17783 |
secondary education programs to children other than children | 17784 |
receiving special education under section 3323.091 of the Revised | 17785 |
Code. The following shall be distributed monthly, quarterly, or | 17786 |
annually as may be determined by the state board of education: | 17787 |
(A) A per pupil amount to each school district that | 17788 |
establishes a summer school remediation program that complies with | 17789 |
rules of the state board of education. | 17790 |
(B) An amount for each island school district and each joint | 17791 |
state school district for the operation of each high school and | 17792 |
each elementary school maintained within such district and for | 17793 |
capital improvements for such schools. Such amounts shall be | 17794 |
determined on the basis of standards adopted by the state board of | 17795 |
education. | 17796 |
(C) An amount for each school district operating classes for | 17797 |
children of migrant workers who are unable to be in attendance in | 17798 |
an Ohio school during the entire regular school year. The amounts | 17799 |
shall be determined on the basis of standards adopted by the state | 17800 |
board of education, except that payment shall be made only for | 17801 |
subjects regularly offered by the school district providing the | 17802 |
classes. | 17803 |
(D) An amount for each school district with guidance, | 17804 |
testing, and counseling programs approved by the state board of | 17805 |
education. The amount shall be determined on the basis of | 17806 |
standards adopted by the state board of education. | 17807 |
(E) An amount for the emergency purchase of school buses as | 17808 |
provided for in section 3317.07 of the Revised Code; | 17809 |
(F) An amount for each school district required to pay | 17810 |
tuition for a child in an institution maintained by the department | 17811 |
of youth services pursuant to section 3317.082 of the Revised | 17812 |
Code, provided the child was not included in the calculation of | 17813 |
the district's average daily membership for the preceding school | 17814 |
year. | 17815 |
(G) In fiscal year 2000 only, an amount to each school | 17816 |
district for supplemental salary allowances for each licensed | 17817 |
employee except those licensees serving as superintendents, | 17818 |
assistant superintendents, principals, or assistant principals, | 17819 |
whose term of service in any year is extended beyond the term of | 17820 |
service of regular classroom teachers, as described in section | 17821 |
3301.0725 of the Revised Code; | 17822 |
(H) An amount for adult basic literacy education for each | 17823 |
district participating in programs approved by the state board of | 17824 |
education. The amount shall be determined on the basis of | 17825 |
standards adopted by the state board of education. | 17826 |
(I) Notwithstanding section 3317.01 of the Revised Code, but | 17827 |
only until June 30, 1999, to each city, local, and exempted | 17828 |
village school district, an amount for conducting driver education | 17829 |
courses at high schools for which the state board of education | 17830 |
prescribes minimum standards and to joint vocational and | 17831 |
cooperative education school districts and educational service | 17832 |
centers, an amount for conducting driver education courses to | 17833 |
pupils enrolled in a high school for which the state board | 17834 |
prescribes minimum standards. No payments shall be made under | 17835 |
this division after June 30, 1999. | 17836 |
(J) An amount for the approved cost of transporting | 17837 |
developmentally handicapped pupils whom it is impossible or | 17838 |
impractical to transport by regular school bus in the course of | 17839 |
regular route transportation provided by the district or service | 17840 |
center. No district or service center is eligible to receive a | 17841 |
payment under this division for the cost of transporting any pupil | 17842 |
whom it transports by regular school bus and who is included in | 17843 |
the district's transportation ADM. The state board of education | 17844 |
shall establish standards and guidelines for use by the department | 17845 |
of education in determining the approved cost of such | 17846 |
transportation for each district or service center. | 17847 |
(K) An amount to each school district, including each | 17848 |
cooperative education school district, pursuant to section 3313.81 | 17849 |
of the Revised Code to assist in providing free lunches to needy | 17850 |
children and an amount to assist needy school districts in | 17851 |
purchasing necessary equipment for food preparation. The amounts | 17852 |
shall be determined on the basis of rules adopted by the state | 17853 |
board of education. | 17854 |
(L) An amount to each school district, for each pupil | 17855 |
attending a chartered nonpublic elementary or high school within | 17856 |
the district. The amount shall equal the amount appropriated for | 17857 |
the implementation of section 3317.06 of the Revised Code divided | 17858 |
by the average daily membership in grades kindergarten through | 17859 |
twelve in nonpublic elementary and high schools within the state | 17860 |
as determined during the first full week in October of each school | 17861 |
year. | 17862 |
(M) An amount for each county MR/DD board, distributed on | 17863 |
the basis of standards adopted by the state board of education, | 17864 |
for the approved cost of transportation required for children | 17865 |
attending special education programs operated by the county MR/DD | 17866 |
board under section 3323.09 of the Revised Code; | 17867 |
(N) An amount for each county MR/DD board, distributed on | 17868 |
the basis of standards adopted by the state board of education, | 17869 |
for supportive home services for preschool children; | 17870 |
(O) An amount for each school district that establishes a | 17871 |
mentor teacher program that complies with rules of the state board | 17872 |
of education. No school district shall be required to establish | 17873 |
or maintain such a program in any year unless sufficient funds are | 17874 |
appropriated to cover the district's total costs for the program. | 17875 |
(P) An amount to each school district or educational service | 17876 |
center for the total number of gifted units approved pursuant to | 17877 |
section 3317.05 of the Revised Code. The amount for each such | 17878 |
unit shall be the sum of the minimum salary for the teacher of the | 17879 |
unit, calculated on the basis of the teacher's training level and | 17880 |
years of experience pursuant to the salary schedule prescribed in | 17881 |
the version of section 3317.13 of the Revised Code in effect prior | 17882 |
to the effective date of this amendment, plus fifteen per cent of | 17883 |
that minimum salary amount, plus two thousand six hundred | 17884 |
seventy-eight dollars. | 17885 |
(Q) An amount to each institution defined under section | 17886 |
3317.082 of the Revised Code providing elementary or secondary | 17887 |
education to children other than children receiving special | 17888 |
education under section 3323.091 of the Revised Code. This amount | 17889 |
for any institution in any fiscal year shall equal the total of | 17890 |
all tuition amounts required to be paid to the institution under | 17891 |
division (A)(1) of section 3317.082 of the Revised Code. | 17892 |
(R) A grant to each school district and joint vocational | 17893 |
school district that operates a "graduation, reality, and | 17894 |
dual-role skills" (GRADS) program for pregnant and parenting | 17895 |
students that is approved by the department. The amount of the | 17896 |
payment shall be the district's state share percentage, as defined | 17897 |
in section 3317.022 or 3317.16 of the Revised Code, times the | 17898 |
GRADS personnel allowance times the full-time-equivalent number of | 17899 |
GRADS teachers approved by the department. The GRADS personnel | 17900 |
allowance is
| 17901 |
| 17902 |
The state board of education or any other board of education | 17903 |
or governing board may provide for any resident of a district or | 17904 |
educational service center territory any educational service for | 17905 |
which funds are made available to the board by the United States | 17906 |
under the authority of public law, whether such funds come | 17907 |
directly or indirectly from the United States or any agency or | 17908 |
department thereof or through the state or any agency, department, | 17909 |
or political subdivision thereof. | 17910 |
Sec. 3317.029. (A) As used in this section: | 17911 |
(1) "DPIA percentage" means the quotient obtained by dividing | 17912 |
the five-year average number of children ages five to seventeen | 17913 |
residing in the school district and living in a family receiving | 17914 |
family assistance, as certified or adjusted under section 3317.10 | 17915 |
of the Revised Code, by the district's three-year average formula | 17916 |
ADM. | 17917 |
(2) "Family assistance" means assistance received under the | 17918 |
Ohio works first program or, for the purpose of determining the | 17919 |
five-year average number of recipients of family assistance in | 17920 |
fiscal years 1999 through 2002, assistance received under an | 17921 |
antecedent program known as TANF or ADC. | 17922 |
(3) "Statewide DPIA percentage" means the five-year average | 17923 |
of the total number of children ages five to seventeen years | 17924 |
residing in the state and receiving family assistance, divided by | 17925 |
the sum of the three-year average formula ADMs for all school | 17926 |
districts in the state. | 17927 |
(4) "DPIA index" means the quotient obtained by dividing the | 17928 |
school district's DPIA percentage by the statewide DPIA | 17929 |
percentage. | 17930 |
(5) "Kindergarten ADM" means the number of students reported | 17931 |
under section 3317.03 of the Revised Code as enrolled in | 17932 |
kindergarten. | 17933 |
(6) "Kindergarten through third grade ADM" means the amount | 17934 |
calculated as follows: | 17935 |
(a) Multiply the kindergarten ADM by the sum of one plus the | 17936 |
all-day kindergarten percentage; | 17937 |
(b) Add the number of students in grades one through three; | 17938 |
(c) Subtract from the sum calculated under division | 17939 |
(A)(6)(b) of this section the number of special education students | 17940 |
in grades kindergarten through three. | 17941 |
(7)
"Statewide average teacher salary" means
| 17942 |
thousand
| 17943 |
fiscal year
| 17944 |
six hundred
| 17945 |
which includes an amount for the value of fringe benefits. | 17946 |
(8) "All-day kindergarten" means a kindergarten class that is | 17947 |
in session five days per week for not less than the same number of | 17948 |
clock hours each day as for pupils in grades one through six. | 17949 |
(9) "All-day kindergarten percentage" means the percentage of | 17950 |
a district's actual total number of students enrolled in | 17951 |
kindergarten who are enrolled in all-day kindergarten. | 17952 |
(10) "Buildings with the highest concentration of need" means | 17953 |
the school buildings in a district with percentages of students | 17954 |
receiving family assistance in grades kindergarten through three | 17955 |
at least as high as the district-wide percentage of students | 17956 |
receiving family assistance. If, however, the information | 17957 |
provided by the department of job and family services under | 17958 |
section 3317.10 of the Revised Code is insufficient to determine | 17959 |
the family assistance percentage in each building, "buildings with | 17960 |
the highest concentration of need" has the meaning given in rules | 17961 |
that the department of education shall adopt. The rules shall | 17962 |
base the definition of "buildings with the highest concentration | 17963 |
of need" on family income of students in grades kindergarten | 17964 |
through three in a manner that, to the extent possible with | 17965 |
available data, approximates the intent of this division and | 17966 |
division (G) of this section to designate buildings where the | 17967 |
family assistance percentage in those grades equals or exceeds the | 17968 |
district-wide family assistance percentage. | 17969 |
(B) In addition to the amounts required to be paid to a | 17970 |
school district under section 3317.022 of the Revised Code, a | 17971 |
school district shall receive the greater of the amount the | 17972 |
district received in fiscal year 1998 pursuant to division (B) of | 17973 |
section 3317.023 of the Revised Code as it existed at that time or | 17974 |
the sum of the computations made under divisions (C) to (E) of | 17975 |
this section. | 17976 |
(C) A supplemental payment that may be utilized for measures | 17977 |
related to safety and security and for remediation or similar | 17978 |
programs, calculated as follows: | 17979 |
(1) If the DPIA index of the school district is greater than | 17980 |
or equal to thirty-five-hundredths, but less than one, an amount | 17981 |
obtained by multiplying the five-year average number of pupils in | 17982 |
a district receiving family assistance by two hundred thirty | 17983 |
dollars; | 17984 |
(2) If the DPIA index of the school district is greater than | 17985 |
or equal to one, an amount obtained by multiplying the DPIA index | 17986 |
by two hundred thirty dollars and multiplying that product by the | 17987 |
five-year average number of pupils in a district receiving family | 17988 |
assistance. | 17989 |
Except as otherwise provided in division (F) of this section, | 17990 |
beginning with the school year that starts July 1, 2002, each | 17991 |
school district annually shall use at least twenty per cent of the | 17992 |
funds calculated for the district under this division for | 17993 |
intervention services required by section 3313.608 of the Revised | 17994 |
Code. | 17995 |
(D) A payment for all-day kindergarten if the DPIA index of | 17996 |
the school district is greater than or equal to one or if the | 17997 |
district's three-year average formula ADM exceeded seventeen | 17998 |
thousand five hundred, calculated by multiplying the all-day | 17999 |
kindergarten percentage by the kindergarten ADM and multiplying | 18000 |
that product by the formula amount. | 18001 |
(E) A class-size reduction payment based on calculating the | 18002 |
number of new teachers necessary to achieve a lower | 18003 |
student-teacher ratio, as follows: | 18004 |
(1) Determine or calculate a formula number of teachers per | 18005 |
one thousand students based on the DPIA index of the school | 18006 |
district as follows: | 18007 |
(a) If the DPIA index of the school district is less than | 18008 |
six-tenths, the formula number of teachers is 43.478, which is the | 18009 |
number of teachers per one thousand students at a student-teacher | 18010 |
ratio of twenty-three to one; | 18011 |
(b) If the DPIA index of the school district is greater than | 18012 |
or equal to six-tenths, but less than two and one-half, the | 18013 |
formula number of teachers is calculated as follows: | 18014 |
18015 |
Where 43.478 is the number of teachers per one thousand | 18016 |
students at a student-teacher ratio of twenty-three to one; 1.9 is | 18017 |
the interval from a DPIA index of six-tenths to a DPIA index of | 18018 |
two and one-half; and 23.188 is the difference in the number of | 18019 |
teachers per one thousand students at a student-teacher ratio of | 18020 |
fifteen to one and the number of teachers per one thousand | 18021 |
students at a student-teacher ratio of twenty-three to one. | 18022 |
(c) If the DPIA index of the school district is greater than | 18023 |
or equal to two and one-half, the formula number of teachers is | 18024 |
66.667, which is the number of teachers per one thousand students | 18025 |
at a student-teacher ratio of fifteen to one. | 18026 |
(2) Multiply the formula number of teachers determined or | 18027 |
calculated in division (E)(1) of this section by the kindergarten | 18028 |
through third grade ADM for the district and divide that product | 18029 |
by one thousand; | 18030 |
(3) Calculate the number of new teachers as follows: | 18031 |
(a) Multiply the kindergarten through third grade ADM by | 18032 |
43.478, which is the number of teachers per one thousand students | 18033 |
at a student-teacher ratio of twenty-three to one, and divide that | 18034 |
product by one thousand; | 18035 |
(b) Subtract the quotient obtained in division (E)(3)(a) of | 18036 |
this section from the product in division (E)(2) of this section. | 18037 |
(4) Multiply the greater of the difference obtained under | 18038 |
division (E)(3) of this section or zero by the statewide average | 18039 |
teachers salary. | 18040 |
(F) This division applies only to school districts whose | 18041 |
DPIA index is one or greater. | 18042 |
(1) Each school district subject to this division shall | 18043 |
first utilize funds received under this section so that, when | 18044 |
combined with other funds of the district, sufficient funds exist | 18045 |
to provide all-day kindergarten to at least the number of children | 18046 |
in the district's all-day kindergarten percentage. | 18047 |
(2) Up to an amount equal to the district's DPIA index | 18048 |
multiplied by the five-year average number of pupils in a district | 18049 |
receiving family assistance multiplied by two hundred thirty | 18050 |
dollars of the money distributed under this section may be | 18051 |
utilized for one or both of the following: | 18052 |
(a) Programs designed to ensure that schools are free of | 18053 |
drugs and violence and have a disciplined environment conducive to | 18054 |
learning; | 18055 |
(b) Remediation for students who have failed or are in | 18056 |
danger of failing any of the proficiency tests administered | 18057 |
pursuant to section 3301.0710 of the Revised Code. | 18058 |
Beginning with the school year that starts on July 1, 2002, | 18059 |
each school district shall use at least twenty per cent of the | 18060 |
funds set aside for the purposes of divisions (F)(2)(a) and (b) of | 18061 |
this section to provide intervention services required by section | 18062 |
3313.608 of the Revised Code. | 18063 |
(3) Except as otherwise required by division (G) or | 18064 |
permitted under division (K) of this section, all other funds | 18065 |
distributed under this section to districts subject to this | 18066 |
division shall be utilized for the purpose of the third grade | 18067 |
guarantee. The third grade guarantee consists of increasing the | 18068 |
amount of instructional attention received per pupil in | 18069 |
kindergarten through third grade, either by reducing the ratio of | 18070 |
students to instructional personnel or by increasing the amount of | 18071 |
instruction and curriculum-related activities by extending the | 18072 |
length of the school day or the school year. | 18073 |
School districts may implement a reduction of the ratio of | 18074 |
students to instructional personnel through any or all of the | 18075 |
following methods: | 18076 |
(a) Reducing the number of students in a classroom taught by | 18077 |
a single teacher; | 18078 |
(b) Employing full-time educational aides or educational | 18079 |
paraprofessionals issued a permit or license under section | 18080 |
3319.088 of the Revised Code; | 18081 |
(c) Instituting a team-teaching method that will result in a | 18082 |
lower student-teacher ratio in a classroom. | 18083 |
Districts may extend the school day either by increasing the | 18084 |
amount of time allocated for each class, increasing the number of | 18085 |
classes provided per day, offering optional academic-related | 18086 |
after-school programs, providing curriculum-related extra | 18087 |
curricular activities, or establishing tutoring or remedial | 18088 |
services for students who have demonstrated an educational need. | 18089 |
In accordance with section 3319.089 of the Revised Code, a | 18090 |
district extending the school day pursuant to this division may | 18091 |
utilize a participant of the work experience program who has a | 18092 |
child enrolled in a public school in that district and who is | 18093 |
fulfilling the work requirements of that program by volunteering | 18094 |
or working in that public school. If the work experience program | 18095 |
participant is compensated, the school district may use the funds | 18096 |
distributed under this section for all or part of the | 18097 |
compensation. | 18098 |
Districts may extend the school year either through adding | 18099 |
regular days of instruction to the school calendar or by providing | 18100 |
summer programs. | 18101 |
(G) Each district subject to division (F) of this section | 18102 |
shall not expend any funds received under division (E) of this | 18103 |
section in any school buildings that are not buildings with the | 18104 |
highest concentration of need, unless there is a ratio of | 18105 |
instructional personnel to students of no more than fifteen to one | 18106 |
in each kindergarten and first grade class in all buildings with | 18107 |
the highest concentration of need. This division does not require | 18108 |
that the funds used in buildings with the highest concentration of | 18109 |
need be spent solely to reduce the ratio of instructional | 18110 |
personnel to students in kindergarten and first grade. A school | 18111 |
district may spend the funds in those buildings in any manner | 18112 |
permitted by division (F)(3) of this section, but may not spend | 18113 |
the money in other buildings unless the fifteen-to-one ratio | 18114 |
required by this division is attained. | 18115 |
(H)(1) By the first day of August of each fiscal year, each | 18116 |
school district wishing to receive any funds under division (D) of | 18117 |
this section shall submit to the department of education an | 18118 |
estimate of its all-day kindergarten percentage. Each district | 18119 |
shall update its estimate throughout the fiscal year in the form | 18120 |
and manner required by the department, and the department shall | 18121 |
adjust payments under this section to reflect the updates. | 18122 |
(2) Annually by the end of December, the department of | 18123 |
education, utilizing data from the information system established | 18124 |
under section 3301.0714 of the Revised Code and after consultation | 18125 |
with the legislative office of education oversight, shall | 18126 |
determine for each school district subject to division (F) of this | 18127 |
section whether in the preceding fiscal year the district's ratio | 18128 |
of instructional personnel to students and its number of | 18129 |
kindergarten students receiving all-day kindergarten appear | 18130 |
reasonable, given the amounts of money the district received for | 18131 |
that fiscal year pursuant to divisions (D) and (E) of this | 18132 |
section. If the department is unable to verify from the data | 18133 |
available that students are receiving reasonable amounts of | 18134 |
instructional attention and all-day kindergarten, given the funds | 18135 |
the district has received under this section and that class-size | 18136 |
reduction funds are being used in school buildings with the | 18137 |
highest concentration of need as required by division (G) of this | 18138 |
section, the department shall conduct a more intensive | 18139 |
investigation to ensure that funds have been expended as required | 18140 |
by this section. The department shall file an annual report of | 18141 |
its findings under this division with the chairpersons of the | 18142 |
committees in each house of the general assembly dealing with | 18143 |
finance and education. | 18144 |
(I) Any school district with a DPIA index less than one and | 18145 |
a three-year average formula ADM exceeding seventeen thousand five | 18146 |
hundred shall first utilize funds received under this section so | 18147 |
that, when combined with other funds of the district, sufficient | 18148 |
funds exist to provide all-day kindergarten to at least the number | 18149 |
of children in the district's all-day kindergarten percentage. | 18150 |
Such a district shall expend at least seventy per cent of the | 18151 |
remaining funds received under this section, and any other | 18152 |
district with a DPIA index less than one shall expend at least | 18153 |
seventy per cent of all funds received under this section, for any | 18154 |
of the following purposes: | 18155 |
(1) The purchase of technology for instructional purposes; | 18156 |
(2) All-day kindergarten; | 18157 |
(3) Reduction of class sizes; | 18158 |
(4) Summer school remediation; | 18159 |
(5) Dropout prevention programs; | 18160 |
(6) Guaranteeing that all third graders are ready to | 18161 |
progress to more advanced work; | 18162 |
(7) Summer education and work programs; | 18163 |
(8) Adolescent pregnancy programs; | 18164 |
(9) Head start or preschool programs; | 18165 |
(10) Reading improvement programs described by the | 18166 |
department of education; | 18167 |
(11) Programs designed to ensure that schools are free of | 18168 |
drugs and violence and have a disciplined environment conducive to | 18169 |
learning; | 18170 |
(12) Furnishing, free of charge, materials used in courses | 18171 |
of instruction, except for the necessary textbooks or electronic | 18172 |
textbooks required to be furnished without charge pursuant to | 18173 |
section 3329.06 of the Revised Code, to pupils living in families | 18174 |
participating in Ohio works first in accordance with section | 18175 |
3313.642 of the Revised Code; | 18176 |
(13) School breakfasts provided pursuant to section 3313.813 | 18177 |
of the Revised Code. | 18178 |
Each district shall submit to the department, in such format | 18179 |
and at such time as the department shall specify, a report on the | 18180 |
programs for which it expended funds under this division. | 18181 |
(J) If at any time the superintendent of public instruction | 18182 |
determines that a school district receiving funds under division | 18183 |
(D) of this section has enrolled less than the all-day | 18184 |
kindergarten percentage reported for that fiscal year, the | 18185 |
superintendent shall withhold from the funds otherwise due the | 18186 |
district under this section a proportional amount as determined by | 18187 |
the difference in the certified all-day kindergarten percentage | 18188 |
and the percentage actually enrolled in all-day kindergarten. | 18189 |
The superintendent shall also withhold an appropriate amount | 18190 |
of funds otherwise due a district for any other misuse of funds | 18191 |
not in accordance with this section. | 18192 |
(K)(1) A district may use a portion of the funds calculated | 18193 |
for it under division (D) of this section to modify or purchase | 18194 |
classroom space to provide all-day kindergarten, if both of the | 18195 |
following conditions are met: | 18196 |
(a) The district certifies to the department, in a manner | 18197 |
acceptable to the department, that it has a shortage of space for | 18198 |
providing all-day kindergarten. | 18199 |
(b) The district provides all-day kindergarten to the number | 18200 |
of children in the all-day kindergarten percentage it certified | 18201 |
under this section. | 18202 |
(2) A district may use a portion of the funds described in | 18203 |
division (F)(3) of this section to modify or purchase classroom | 18204 |
space to enable it to further reduce class size in grades | 18205 |
kindergarten through two with a goal of attaining class sizes of | 18206 |
fifteen students per licensed teacher. To do so, the district | 18207 |
must certify its need for additional space to the department, in a | 18208 |
manner satisfactory to the department. | 18209 |
Sec. 3317.0212. Divisions (B) and (C) of this section do not | 18210 |
apply to a school district with a formula ADM of one hundred fifty | 18211 |
or less. | 18212 |
(A) As used in this section: | 18213 |
(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998 | 18214 |
state aid" for a district means the total amount of state money | 18215 |
received by the district for the applicable fiscal year as | 18216 |
reported on the department of education's form "SF-12," adjusted | 18217 |
as follows: | 18218 |
(a) Minus the amount for transportation; | 18219 |
(b) Minus any amounts for approved preschool handicapped | 18220 |
units; | 18221 |
(c) Minus any additional amount attributable to the | 18222 |
reappraisal guarantee of division (C) of section 3317.04 of the | 18223 |
Revised Code; | 18224 |
(d) Plus the amount deducted for payments to an educational | 18225 |
service center; | 18226 |
(e) Plus an estimated portion of the state money distributed | 18227 |
in the applicable fiscal year to other school districts or | 18228 |
educational service centers for approved units, other than | 18229 |
preschool handicapped or gifted education units, attributable to | 18230 |
the costs of providing services in those units to students | 18231 |
entitled to attend school in the district; | 18232 |
(f) Minus an estimated portion of the state money | 18233 |
distributed to the school district in the applicable fiscal year | 18234 |
for approved units, other than preschool handicapped units or | 18235 |
gifted education units, attributable to the costs of providing | 18236 |
services in those units to students entitled to attend school in | 18237 |
another school district; | 18238 |
(g) Plus any additional amount paid in the applicable fiscal | 18239 |
year pursuant to the vocational education recomputation required | 18240 |
by Section 45.12 of Amended Substitute House Bill No. 117 of the | 18241 |
121st general assembly or former Section 50.22 of Amended | 18242 |
Substitute House Bill No. 215 of the 122nd general assembly; | 18243 |
(h) Plus any additional amount paid in the applicable fiscal | 18244 |
year pursuant to the special education recomputation required by | 18245 |
former division (I) of section 3317.023 of the Revised Code; | 18246 |
(i) Plus any amount paid for equity aid in the applicable | 18247 |
fiscal year under section 3317.0213 of the Revised Code; | 18248 |
(j) Plus any amount received for the applicable fiscal year | 18249 |
pursuant to section 3317.027 of the Revised Code; | 18250 |
(k) Plus any amount received for the applicable fiscal year | 18251 |
resulting from a recomputation made under division (B) of section | 18252 |
3317.022 of the Revised Code, as that section existed in the | 18253 |
applicable fiscal year. | 18254 |
(2) "State basic aid" for a district for any fiscal year | 18255 |
after fiscal year 1999 means the sum of the following: | 18256 |
(a) The amount computed for the district for base cost | 18257 |
funding, special education funding, and vocational education | 18258 |
funding under divisions (A), (C)(1) and (5), and (E) of section | 18259 |
3317.022 and sections 3317.025 and 3317.027 of the Revised Code | 18260 |
and DPIA aid under section 3317.029 of the Revised Code in the | 18261 |
current fiscal year before any deduction or credit required by | 18262 |
division (B), (D), (E), (F), (G), (H), (I), (J), (K), or (L) of | 18263 |
section 3317.023 or division (J) of section 3317.029 of the | 18264 |
Revised Code; | 18265 |
(b) Any amounts for which the district is eligible pursuant | 18266 |
to division (C) of section 3317.023, divisions (G), (P), and (R) | 18267 |
of section 3317.024, and the supplemental unit allowance paid for | 18268 |
gifted units
under division (B) of section
| 18269 |
the Revised Code; | 18270 |
(c) Any equity aid for which the district is eligible under | 18271 |
section 3317.0213 of the Revised Code. | 18272 |
| 18273 |
18274 | |
18275 |
| 18276 |
18277 | |
18278 | |
18279 | |
18280 |
(B) Upon request of the department of education, the | 18281 |
treasurer of any school district or educational service center | 18282 |
shall furnish data needed to calculate the amounts specified in | 18283 |
divisions (A)(1)(e) and (f) of this section. The department shall | 18284 |
compute and pay the state basic aid guarantee for each school | 18285 |
district for the fiscal year as follows: | 18286 |
(1) Subtract the amount of state basic aid from the amount | 18287 |
of fundamental FY 1998 state aid. If a negative number, this | 18288 |
computation shall be deemed to be zero. | 18289 |
(2) Pay the district any positive amount calculated under | 18290 |
division (B)(1) of this section. | 18291 |
(C)
In fiscal year
| 18292 |
18293 | |
18294 | |
18295 | |
18296 | |
18297 | |
18298 | |
18299 | |
18300 | |
if a school district's composite state funding for that fiscal | 18301 |
year is less than its composite state funding for fiscal year | 18302 |
2001, the department shall pay the district the difference as | 18303 |
transitional aid. For purposes of this division: | 18304 |
(1) A district's composite state funding for fiscal year | 18305 |
2001 equals its state basic aid for that year plus the amounts | 18306 |
calculated for the district that year under this section, division | 18307 |
(D) of section 3317.022, sections 3317.0215 and 3317.0216, and | 18308 |
division (C) of section 3317.04 of the Revised Code, after any | 18309 |
adjustment made pursuant to Section 18 of Am. Sub. H.B. 650 of the | 18310 |
122nd General Assembly, as subsequently amended. | 18311 |
(2) A district's composite state funding for fiscal year | 18312 |
2002 equals its state basic aid for that year plus the amounts | 18313 |
calculated for the district that year under this section, division | 18314 |
(D) of section 3317.022, sections 3317.0216 and 3317.0217, and | 18315 |
division (C) of section 3317.04 of the Revised Code. | 18316 |
(D)(1) The state basic aid guarantee in any fiscal year for | 18317 |
a school district with a formula ADM of one hundred fifty or less | 18318 |
shall be the greatest of the following amounts: | 18319 |
(a) The district's state basic aid for the fiscal year; | 18320 |
(b) The district's fundamental FY 1998 state aid; | 18321 |
(c) The district's fundamental FY 1997 state aid. | 18322 |
(2) If in any fiscal year the state basic aid for a school | 18323 |
district with a formula ADM of one hundred fifty or less is less | 18324 |
than the guarantee amount determined for the district under | 18325 |
division (D)(1) of this section, the department of education shall | 18326 |
pay the district the amount of the difference. | 18327 |
Sec. 3317.0213. No money shall be distributed under this | 18328 |
section after
fiscal year
| 18329 |
(A) As used in this section: | 18330 |
(1) "ADM" for any school district means: | 18331 |
(a) In fiscal year 1999, the FY 1998 ADM; | 18332 |
(b) In fiscal years 2000 through
| 18333 |
reported for the previous fiscal year. | 18334 |
(2) "Average taxable value" means the average of the amounts | 18335 |
certified for a district in the second, third, and fourth | 18336 |
preceding fiscal years under divisions (A)(1) and (2) of section | 18337 |
3317.021 of the Revised Code. | 18338 |
(3) "Valuation per pupil" for a district means: | 18339 |
(a) In fiscal year 1999, the district's average taxable | 18340 |
value, divided by the district's FY 1998 ADM; | 18341 |
(b) In a fiscal year that occurs after fiscal year 1999, the | 18342 |
district's average taxable value, divided by the district's | 18343 |
formula ADM for the preceding fiscal year. | 18344 |
(4) "Threshold valuation" means: | 18345 |
(a) In fiscal year 1999, the adjusted valuation per pupil of | 18346 |
the school district with the two hundred twenty-ninth lowest | 18347 |
adjusted valuation per pupil in the state, according to data | 18348 |
available at the time of the computation under division (B) of | 18349 |
this section; | 18350 |
(b) In fiscal year 2000, the adjusted valuation per pupil of | 18351 |
the district with the one hundred ninety-sixth lowest such | 18352 |
valuation in the state; | 18353 |
(c) In fiscal year 2001, the adjusted valuation per pupil of | 18354 |
the district with the one hundred sixty-third lowest such | 18355 |
valuation in the state; | 18356 |
(d) In fiscal
| 18357 |
valuation per pupil of the district with the | 18358 |
one-hundred-eighteenth lowest such valuation in the state. | 18359 |
(5) "Adjusted valuation per pupil" for a district means an | 18360 |
amount calculated in accordance with the following formula: | 18361 |
18362 | |
18363 |
18364 |
(6) "Millage rate" means .012 in fiscal year 1999, .011 in | 18365 |
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal | 18366 |
| 18367 |
(7) "Payment percentage" equals 100% prior to fiscal year | 18368 |
2003, 75% in fiscal year 2003, 50% in fiscal year 2004, 25% in | 18369 |
fiscal year 2005, and zero after fiscal year 2005. | 18370 |
(B) Beginning in fiscal year 1993, during August of each | 18371 |
fiscal year, the department of education shall distribute to each | 18372 |
school district meeting the requirements of section 3317.01 of the | 18373 |
Revised Code whose adjusted valuation per pupil is less than the | 18374 |
threshold valuation, an amount calculated in accordance with the | 18375 |
following formula: | 18376 |
18377 | |
18378 |
18379 |
Sec. 3317.0216. (A) As used in this section: | 18380 |
(1) "Total taxes charged and payable for current expenses" | 18381 |
means the sum of the taxes charged and payable as certified under | 18382 |
division (A)(3)(a) of section 3317.021 of the Revised Code less | 18383 |
any amounts reported under division (A)(3)(b) of that section, and | 18384 |
the tax distribution for the preceding year under any school | 18385 |
district income tax levied by the district pursuant to Chapter | 18386 |
5748. of the Revised Code to the extent the revenue from the | 18387 |
income tax is allocated or apportioned to current expenses. | 18388 |
(2)
| 18389 |
18390 | |
18391 |
| 18392 |
multiplying two and three-tenths per cent by
| 18393 |
18394 |
| 18395 |
18396 | |
18397 | |
18398 |
| 18399 |
18400 | |
18401 |
| 18402 |
18403 | |
18404 |
18405 |
18406 |
18407 |
18408 | |
18409 |
(3) Until fiscal year 2003, the "actual local share of | 18410 |
special education, transportation, and vocational education | 18411 |
funding" for any school district means the sum of the district's | 18412 |
attributed local shares described in divisions (F)(1) to (3) of | 18413 |
section 3317.022 of the Revised Code. Beginning in fiscal year | 18414 |
2003, the "actual local share of special education, | 18415 |
transportation, and vocational education funding" means that sum | 18416 |
minus the amount of any excess cost supplement payment calculated | 18417 |
for the district under division (F) of section 3317.022 of the | 18418 |
Revised Code. | 18419 |
(B) Upon receiving the certifications under section 3317.021 | 18420 |
of the Revised Code, the department of education shall determine | 18421 |
for each city, local, and exempted village school district whether | 18422 |
the district's charge-off amount is greater than the district's | 18423 |
total
| 18424 |
expenses, and if it is, shall pay the district the amount of the | 18425 |
difference. A payment shall not be made to any school district | 18426 |
for which the computation under division (A) of section 3317.022 | 18427 |
of the Revised Code equals zero. | 18428 |
(C)(1) If a district's charge-off amount is equal to or | 18429 |
greater
than its total
| 18430 |
payable for current expenses, the department shall, in addition to | 18431 |
the payment required under division (B) of this section, pay the | 18432 |
district the amount of
| 18433 |
education
| 18434 |
transportation, and
| 18435 |
education
| 18436 |
funding. | 18437 |
(2) If a district's charge-off amount is less than its total | 18438 |
| 18439 |
the department
shall pay the district any amount by
which
| 18440 |
18441 | |
18442 | |
transportation, and vocational education
| 18443 |
18444 | |
18445 | |
charge-off amount. | 18446 |
Sec. 3317.0217. The department of education shall annually | 18447 |
compute and pay state parity aid to school districts, as follows: | 18448 |
(A) Calculate the local wealth per pupil of each school | 18449 |
district, which equals the following sum: | 18450 |
(1) Two-thirds times the quotient of (a) the district's | 18451 |
recognized valuation divided by (b) its formula ADM; plus | 18452 |
(2) One-third times the quotient of (a) the average of the | 18453 |
total federal adjusted gross income of the school district's | 18454 |
residents for the three years most recently reported under section | 18455 |
3317.021 of the Revised Code divided by (b) its formula ADM. | 18456 |
(B) Rank all school districts in order of local wealth per | 18457 |
pupil, from the district with the lowest local wealth per pupil to | 18458 |
the district with the highest local wealth per pupil. | 18459 |
(C) Compute the per pupil state parity aid funding for each | 18460 |
school district in accordance with the following formula: | 18461 |
18462 |
18463 |
18464 |
Where: | 18465 |
(1) "Payment percentage," for purposes of division (C) of | 18466 |
this section, equals 20% in fiscal year 2002, 40% in fiscal year | 18467 |
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100% | 18468 |
after fiscal year 2005. | 18469 |
(2) Nine and one-half mills (0.0095) is the general | 18470 |
assembly's determination of the average number of effective | 18471 |
operating mills that districts in the seventieth to ninetieth | 18472 |
percentiles of valuations per pupil collected in fiscal year 2001 | 18473 |
above the revenues required to finance their attributed local | 18474 |
shares of the calculated cost of an adequate education. This was | 18475 |
determined by (a) adding the district revenues from operating | 18476 |
property tax levies and income tax levies, (b) subtracting from | 18477 |
that total the sum of (i) twenty-three mills times adjusted | 18478 |
recognized valuation plus (ii) the attributed local shares of | 18479 |
special education, transportation, and vocational education | 18480 |
funding as described in divisions (F)(1) to (3) of section | 18481 |
3317.022 of the Revised Code, and (c) converting the result to an | 18482 |
effective operating property tax rate. | 18483 |
(3) The "threshold local wealth per pupil" is the local | 18484 |
wealth per pupil of the school district with the | 18485 |
four-hundred-ninetieth lowest local wealth per pupil. | 18486 |
If the result of the calculation for a school district under | 18487 |
division (C) of this section is less than zero, the district's per | 18488 |
pupil parity aid shall be zero. | 18489 |
(D) Compute the per pupil alternative parity aid for each | 18490 |
school district that has a combination of an income factor of 1.0 | 18491 |
or less, a DPIA index of 1.0 or greater, and a | 18492 |
cost-of-doing-business factor of 1.0375 or greater, in accordance | 18493 |
with the following formula: | 18494 |
18495 | |
18496 |
Where: | 18497 |
(1) "DPIA index" has the same meaning as in section 3317.029 | 18498 |
of the Revised Code | 18499 |
(2) "Payment percentage," for purposes of division (D) of | 18500 |
this section, equals 50% in fiscal year 2002 and 100% after fiscal | 18501 |
year 2002. | 18502 |
(E) Pay each district that has a combination of an income | 18503 |
factor 1.0 or less, a DPIA index of 1.0 or greater, and a | 18504 |
cost-of-doing-business factor of 1.0375 or greater, the greater of | 18505 |
the following: | 18506 |
(1) The product of the district's per pupil parity aid | 18507 |
calculated under division (C) of this section times its formula | 18508 |
ADM; | 18509 |
(2) The product of its per pupil alternative parity aid | 18510 |
calculated under division (D) of this section times its formula | 18511 |
ADM. | 18512 |
(F) Pay every other district the product of its per pupil | 18513 |
parity aid calculated under division (C) of this section times its | 18514 |
formula ADM. | 18515 |
Every six years, the general assembly shall redetermine, | 18516 |
after considering the report of the committee appointed under | 18517 |
section 3317.012 of the Revised Code, the average number of | 18518 |
effective operating mills that districts in the seventieth to | 18519 |
ninetieth percentiles of valuations per pupil collect above the | 18520 |
revenues required to finance their attributed local shares of the | 18521 |
cost of an adequate education. | 18522 |
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 18523 |
(C) of this section, any student enrolled in kindergarten more | 18524 |
than half time shall be reported as one-half student under this | 18525 |
section. | 18526 |
(A) The superintendent of each city and exempted village | 18527 |
school district and of each educational service center shall, for | 18528 |
the schools under the superintendent's supervision, certify to the | 18529 |
state board of education on or before the fifteenth day of October | 18530 |
in each year for the first full school week in October the formula | 18531 |
ADM, which shall consist of the average daily membership during | 18532 |
such week of the sum of the following: | 18533 |
(1) On an FTE basis, the number of students in grades | 18534 |
kindergarten through twelve receiving any educational services | 18535 |
from the district, except that the following categories of | 18536 |
students shall not be included in the determination: | 18537 |
(a) Students enrolled in adult education classes; | 18538 |
(b) Adjacent or other district students enrolled in the | 18539 |
district under an open enrollment policy pursuant to section | 18540 |
3313.98 of the Revised Code; | 18541 |
(c) Students receiving services in the district pursuant to | 18542 |
a compact, cooperative education agreement, or a contract, but who | 18543 |
are entitled to attend school in another district pursuant to | 18544 |
section 3313.64 or 3313.65 of the Revised Code; | 18545 |
(d) Students for whom tuition is payable pursuant to | 18546 |
sections 3317.081 and 3323.141 of the Revised Code. | 18547 |
(2) On an FTE basis, the number of students entitled to | 18548 |
attend school in the district pursuant to section 3313.64 or | 18549 |
3313.65 of the Revised Code, but receiving educational services in | 18550 |
grades kindergarten through twelve from one or more of the | 18551 |
following entities: | 18552 |
(a) A community school pursuant to Chapter 3314. of the | 18553 |
Revised Code, including any participation in a college pursuant to | 18554 |
Chapter 3365. of the Revised Code while enrolled in such community | 18555 |
school; | 18556 |
(b) An alternative school pursuant to sections 3313.974 to | 18557 |
3313.979 of the Revised Code as described in division (I)(2)(a) or | 18558 |
(b) of this section; | 18559 |
(c) A college pursuant to Chapter 3365. of the Revised Code, | 18560 |
except when the student is enrolled in the college while also | 18561 |
enrolled in a community school pursuant to Chapter 3314. of the | 18562 |
Revised Code; | 18563 |
(d) An adjacent or other school district under an open | 18564 |
enrollment policy adopted pursuant to section 3313.98 of the | 18565 |
Revised Code; | 18566 |
(e) An educational service center or cooperative education | 18567 |
district; | 18568 |
(f) Another school district under a cooperative education | 18569 |
agreement, compact, or contract. | 18570 |
(3) One-fourth of the number of students enrolled in a joint | 18571 |
vocational school district or under a vocational education | 18572 |
compact, excluding any students entitled to attend school in the | 18573 |
district under section 3313.64 or 3313.65 of the Revised Code who | 18574 |
are enrolled in another school district through an open enrollment | 18575 |
policy as reported under division (A)(2)(d) of this section and | 18576 |
then enroll in a joint vocational school district or under a | 18577 |
vocational education compact; | 18578 |
(4) The number of handicapped children, other than | 18579 |
handicapped preschool children, entitled to attend school in the | 18580 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 18581 |
Code who are placed with a county MR/DD board, minus the number of | 18582 |
such children placed with a county MR/DD board in fiscal year | 18583 |
1998. If this calculation produces a negative number, the number | 18584 |
reported under division (A)(4) of this section shall be zero. | 18585 |
(B) To enable the department of education to obtain the data | 18586 |
needed to complete the calculation of payments pursuant to this | 18587 |
chapter, in addition to the formula ADM, each superintendent shall | 18588 |
report separately the following student counts: | 18589 |
(1) The total average daily membership in regular day | 18590 |
classes included in the report under division (A)(1) or (2) of | 18591 |
this section for kindergarten, and each of grades one through | 18592 |
twelve in schools under the superintendent's supervision; | 18593 |
(2) The number of all handicapped preschool children | 18594 |
enrolled as of the first day of December in classes in the | 18595 |
district that are eligible for approval by the state board of | 18596 |
education under division (B) of section 3317.05 of the Revised | 18597 |
Code and the number of those classes, which shall be reported not | 18598 |
later than the fifteenth day of December, in accordance with rules | 18599 |
adopted under that section; | 18600 |
(3) The number of children entitled to attend school in the | 18601 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 18602 |
Code who are participating in a pilot project scholarship program | 18603 |
established under sections 3313.974 to 3313.979 of the Revised | 18604 |
Code as described in division (I)(2)(a) or (b) of this section, | 18605 |
are enrolled in a college under Chapter 3365. of the Revised Code, | 18606 |
except when the student is enrolled in the college while also | 18607 |
enrolled in a community school pursuant to Chapter 3314. of the | 18608 |
Revised Code, are enrolled in an adjacent or other school district | 18609 |
under section 3313.98 of the Revised Code, are enrolled in a | 18610 |
community school established under Chapter 3314. of the Revised | 18611 |
Code, including any participation in a college pursuant to Chapter | 18612 |
3365. of the Revised Code while enrolled in such community school, | 18613 |
or are participating in a program operated by a county MR/DD board | 18614 |
or a state institution; | 18615 |
(4) The number of pupils enrolled in joint vocational | 18616 |
schools; | 18617 |
(5) The average daily membership of handicapped children | 18618 |
reported under division (A)(1) or (2) of this section receiving | 18619 |
category one special education services, described in division (A) | 18620 |
of section 3317.013 of the Revised Code; | 18621 |
(6) The average daily membership of handicapped children | 18622 |
reported under division (A)(1) or (2) of this section receiving | 18623 |
category two special education services, described in division | 18624 |
(B) of section 3317.013 of the Revised Code; | 18625 |
(7) The average daily membership of handicapped children | 18626 |
reported under division (A)(1) or (2) of this section identified | 18627 |
as having any of the handicaps specified in division (F)(3) of | 18628 |
section 3317.02 of the Revised Code; | 18629 |
(8) The average daily membership of pupils reported under | 18630 |
division (A)(1) or (2) of this section enrolled in category one | 18631 |
vocational education programs or classes, described in division | 18632 |
(A) of section 3317.014 of the Revised Code, operated by the | 18633 |
school district or by another district, other than a joint | 18634 |
vocational school district, or by an educational service center; | 18635 |
(9) The average daily membership of pupils reported under | 18636 |
division (A)(1) or (2) of this section enrolled in category two | 18637 |
vocational education programs or services, described in division | 18638 |
(B) of section 3317.014 of the Revised Code, operated by the | 18639 |
school district or another school district, other than a joint | 18640 |
vocational school district, or by an educational service center; | 18641 |
(10) The average number of children transported by the | 18642 |
school district on board-owned or contractor-owned and -operated | 18643 |
buses, reported in accordance with rules adopted by the department | 18644 |
of education; | 18645 |
(11)(a) The number of children, other than handicapped | 18646 |
preschool children, the district placed with a county MR/DD board | 18647 |
in fiscal year 1998; | 18648 |
(b) The number of handicapped children, other than | 18649 |
handicapped preschool children, placed with a county MR/DD board | 18650 |
in the current fiscal year to receive category one special | 18651 |
education services, described in division (A) of section 3317.013 | 18652 |
of the Revised Code; | 18653 |
(c) The number of handicapped children, other than | 18654 |
handicapped preschool children, placed with a county MR/DD board | 18655 |
in the current fiscal year to receive category two special | 18656 |
education services, described in division (B) of section 3317.013 | 18657 |
of the Revised Code; | 18658 |
(d) The number of handicapped children, other than | 18659 |
handicapped preschool children, placed with a county MR/DD board | 18660 |
in the current fiscal year to receive category three special | 18661 |
education services, described in division (F)(3) of section | 18662 |
3317.02 of the Revised Code. | 18663 |
(C) Except as otherwise provided in this section for | 18664 |
kindergarten students, the average daily membership in divisions | 18665 |
(B)(1) to (9) of this section shall be based upon the number of | 18666 |
full-time equivalent students. The state board of education shall | 18667 |
adopt rules defining full-time equivalent students and for | 18668 |
determining the average daily membership therefrom for the | 18669 |
purposes of divisions (A), (B), and (D) of this section. No child | 18670 |
shall be counted as more than a total of one child in the sum of | 18671 |
the average daily memberships of a school district under division | 18672 |
(A), divisions (B)(1) to (9), or division (D) of this section, | 18673 |
except as follows: | 18674 |
(1) A child with a handicap described in section 3317.013 or | 18675 |
division (F)(3) of section 3317.02 of the Revised Code may be | 18676 |
counted both in formula ADM and in category one, two, or three | 18677 |
special education ADM and, if applicable, in category one or two | 18678 |
vocational education ADM. As provided in division (C) of section | 18679 |
3317.02 of the Revised Code, such a child shall be counted in | 18680 |
category one, two, or three special education ADM in the same | 18681 |
proportion that the child is counted in formula ADM. | 18682 |
(2) A child enrolled in vocational education programs or | 18683 |
classes described in section 3314.014 of the Revised Code may be | 18684 |
counted both in formula ADM and category one or two vocational | 18685 |
education ADM and, if applicable, in category one, two, or three | 18686 |
special education ADM. Such a child shall be counted in category | 18687 |
one or two vocational education ADM in the same proportion as the | 18688 |
percentage of time that the child spends in the vocational | 18689 |
education programs or classes. | 18690 |
Based on the information reported under this section, the | 18691 |
department of education shall determine the total student count, | 18692 |
as defined in section 3301.011 of the Revised Code, for each | 18693 |
school district. | 18694 |
(D)(1) The superintendent of each joint vocational school | 18695 |
district shall certify to the superintendent of public instruction | 18696 |
on or before the fifteenth day of October in each year for the | 18697 |
first full school week in October the formula ADM, which shall | 18698 |
consist of the average daily membership during such week, on an | 18699 |
FTE basis, of the number of students receiving any educational | 18700 |
services from the district, except that the following categories | 18701 |
of students shall not be included in the determination: | 18702 |
(a) Students enrolled in adult education classes; | 18703 |
(b) Adjacent or other district joint vocational students | 18704 |
enrolled in the district under an open enrollment policy pursuant | 18705 |
to section 3313.98 of the Revised Code; | 18706 |
(c) Students receiving services in the district pursuant to | 18707 |
a compact, cooperative education agreement, or a contract, but who | 18708 |
are entitled to attend school in a city, local, or exempted | 18709 |
village school district whose territory is not part of the | 18710 |
territory of the joint vocational district; | 18711 |
(d) Students for whom tuition is payable pursuant to | 18712 |
sections 3317.081 and 3323.141 of the Revised Code. | 18713 |
(2) To enable the department of education to obtain the data | 18714 |
needed to complete the calculation of payments pursuant to this | 18715 |
chapter, in addition to the formula ADM, each superintendent shall | 18716 |
report separately the average daily membership included in the | 18717 |
report under division (D)(1) of this section for each of the | 18718 |
following categories of students: | 18719 |
(a) Students enrolled in each grade included in the joint | 18720 |
vocational district schools; | 18721 |
(b) Handicapped children receiving category one special | 18722 |
education services, described in division (A) of section 3317.013 | 18723 |
of the Revised Code; | 18724 |
(c) Handicapped children receiving category two special | 18725 |
education services, described in division (B) of section 3317.013 | 18726 |
of the Revised Code; | 18727 |
(d) Handicapped children identified as having any of the | 18728 |
handicaps specified in division (F)(3) of section 3317.02 of the | 18729 |
Revised Code; | 18730 |
(e) Students receiving category one vocational education | 18731 |
services, described in division (A) of section 3317.014 of the | 18732 |
Revised Code; | 18733 |
(f) Students receiving category two vocational education | 18734 |
services, described in division (B) of section 3317.014 of the | 18735 |
Revised Code. | 18736 |
The superintendent of each joint vocational school district | 18737 |
shall also indicate the city, local, or exempted village school | 18738 |
district in which each joint vocational district pupil is entitled | 18739 |
to attend school pursuant to section 3313.64 or 3313.65 of the | 18740 |
Revised Code. | 18741 |
(E) In each school of each city, local, exempted village, | 18742 |
joint vocational, and cooperative education school district there | 18743 |
shall be maintained a record of school membership, which record | 18744 |
shall accurately show, for each day the school is in session, the | 18745 |
actual membership enrolled in regular day classes. For the | 18746 |
purpose of determining average daily membership, the membership | 18747 |
figure of any school shall not include any pupils except those | 18748 |
pupils described by division (A) of this section. The record of | 18749 |
membership for each school shall be maintained in such manner that | 18750 |
no pupil shall be counted as in membership prior to the actual | 18751 |
date of entry in the school and also in such manner that where for | 18752 |
any cause a pupil permanently withdraws from the school that pupil | 18753 |
shall not be counted as in membership from and after the date of | 18754 |
such withdrawal. There shall not be included in the membership of | 18755 |
any school any of the following: | 18756 |
(1) Any pupil who has graduated from the twelfth grade of a | 18757 |
public high school; | 18758 |
(2) Any pupil who is not a resident of the state; | 18759 |
(3) Any pupil who was enrolled in the schools of the | 18760 |
district during the previous school year when tests were | 18761 |
administered under section 3301.0711 of the Revised Code but did | 18762 |
not take one or more of the tests required by that section and was | 18763 |
not excused pursuant to division (C)(1) of that section; | 18764 |
(4) Any pupil who has attained the age of twenty-two years, | 18765 |
except for veterans of the armed services whose attendance was | 18766 |
interrupted before completing the recognized twelve-year course of | 18767 |
the public schools by reason of induction or enlistment in the | 18768 |
armed forces and who apply for reenrollment in the public school | 18769 |
system of their residence not later than four years after | 18770 |
termination of war or their honorable discharge. | 18771 |
If, however, any veteran described by
division (E)(4) | 18772 |
this section elects to enroll in special courses organized for | 18773 |
veterans for whom tuition is paid under the provisions of federal | 18774 |
laws, or otherwise, that veteran shall not be included in average | 18775 |
daily membership. | 18776 |
Notwithstanding division (E)(3) of this section, the | 18777 |
membership of any school may include a pupil who did not take a | 18778 |
test required by section 3301.0711 of the Revised Code if the | 18779 |
superintendent of public instruction grants a waiver from the | 18780 |
requirement to take the test to the specific pupil. The | 18781 |
superintendent may grant such a waiver only for good cause in | 18782 |
accordance with rules adopted by the state board of education. | 18783 |
Except as provided in division (B)(2) of this section, the | 18784 |
average daily membership figure of any local, city, exempted | 18785 |
village, or joint vocational school district shall be determined | 18786 |
by dividing the figure representing the sum of the number of | 18787 |
pupils enrolled during each day the school of attendance is | 18788 |
actually open for instruction during the first full school week in | 18789 |
October by the total number of days the school was actually open | 18790 |
for instruction during that week. For purposes of state funding, | 18791 |
"enrolled" persons are only those pupils who are attending school, | 18792 |
those who have attended school during the current school year and | 18793 |
are absent for authorized reasons, and those handicapped children | 18794 |
currently receiving home instruction. | 18795 |
The average daily membership figure of any cooperative | 18796 |
education school district shall be determined in accordance with | 18797 |
rules adopted by the state board of education. | 18798 |
(F)(1) If the formula ADM for the first full school week in | 18799 |
February is at least three per cent greater than that certified | 18800 |
for the first full school week in the preceding October, the | 18801 |
superintendent of schools of any city, exempted village, or joint | 18802 |
vocational school district or educational service center shall | 18803 |
certify such increase to the superintendent of public instruction. | 18804 |
Such certification shall be submitted no later than the fifteenth | 18805 |
day of February. For the balance of the fiscal year, beginning | 18806 |
with the February payments, the superintendent of public | 18807 |
instruction shall use the increased formula ADM in calculating or | 18808 |
recalculating the amounts to be allocated in accordance with | 18809 |
section 3317.022 or 3317.16 of the Revised Code. In no event | 18810 |
shall the superintendent use an increased membership certified to | 18811 |
the superintendent after the fifteenth day of February. | 18812 |
(2) If on the first school day of April the total number of | 18813 |
classes or units for handicapped preschool children that are | 18814 |
eligible for approval under division (B) of section 3317.05 of the | 18815 |
Revised Code exceeds the number of units that have been approved | 18816 |
for the year under that division, the superintendent of schools of | 18817 |
any city, exempted village, or cooperative education school | 18818 |
district or educational service center shall make the | 18819 |
certifications required by this section for that day. If the | 18820 |
state board of education determines additional units can be | 18821 |
approved for the fiscal year within any limitations set forth in | 18822 |
the acts appropriating moneys for the funding of such units, the | 18823 |
board shall approve additional units for the fiscal year on the | 18824 |
basis of such average daily membership. For each unit so | 18825 |
approved, the department of education shall pay an amount computed | 18826 |
in the manner prescribed in section
| 18827 |
and section
| 18828 |
(G)(1)(a) The superintendent of an institution operating a | 18829 |
special education program pursuant to section 3323.091 of the | 18830 |
Revised Code shall, for the programs under such superintendent's | 18831 |
supervision, certify to the state board of education the average | 18832 |
daily membership of all handicapped children in classes or | 18833 |
programs approved annually by the state board of education, in the | 18834 |
manner prescribed by the superintendent of public instruction. | 18835 |
(b) The superintendent of an institution with vocational | 18836 |
education units approved under division (A) of section 3317.05 of | 18837 |
the Revised Code shall, for the units under the superintendent's | 18838 |
supervision, certify to the state board of education the average | 18839 |
daily membership in those units, in the manner prescribed by the | 18840 |
superintendent of public instruction. | 18841 |
(2) The superintendent of each county MR/DD board that | 18842 |
maintains special education classes under section 3317.20 of the | 18843 |
Revised Code or units approved by the state board of education | 18844 |
pursuant to section 3317.05 of the Revised Code shall do both of | 18845 |
the following: | 18846 |
(a) Certify to the state board, in the manner prescribed by | 18847 |
the board, the average daily
membership in classes
| 18848 |
18849 | |
the Revised Code for each school district that has placed children | 18850 |
in the classes
| 18851 |
(b) Certify to the state board, in the manner prescribed by | 18852 |
the board, the number of all handicapped preschool children | 18853 |
enrolled as of the first day of December in classes eligible for | 18854 |
approval under division (B) of section 3317.05 of the Revised | 18855 |
Code, and the number of those classes. | 18856 |
(3)(a)
| 18857 |
18858 | |
18859 | |
18860 | |
18861 | |
18862 | |
18863 |
| 18864 |
classes or units maintained for handicapped preschool children by | 18865 |
the county MR/DD board that are eligible for approval under | 18866 |
division (B) of section 3317.05 of the Revised Code is greater | 18867 |
than the number of units approved for the year under that | 18868 |
division, the superintendent shall make the certification required | 18869 |
by this section for that day. | 18870 |
| 18871 |
or units can be approved for the fiscal year within any | 18872 |
limitations set forth in the acts appropriating moneys for the | 18873 |
funding of the classes and units described in division (G)(3)(a) | 18874 |
| 18875 |
additional units for the fiscal year on the basis of such average | 18876 |
daily membership. For each unit so approved, the department of | 18877 |
education shall pay an amount computed in the manner prescribed in | 18878 |
sections
| 18879 |
Code. | 18880 |
(H) Except as provided in division (I) of this section, when | 18881 |
any city, local, or exempted village school district provides | 18882 |
instruction for a nonresident pupil whose attendance is | 18883 |
unauthorized attendance as defined in section 3327.06 of the | 18884 |
Revised Code, that pupil's membership shall not be included in | 18885 |
that district's membership figure used in the calculation of that | 18886 |
district's formula ADM or included in the determination of any | 18887 |
unit approved for the district under section 3317.05 of the | 18888 |
Revised Code. The reporting official shall report separately the | 18889 |
average daily membership of all pupils whose attendance in the | 18890 |
district is unauthorized attendance, and the membership of each | 18891 |
such pupil shall be credited to the school district in which the | 18892 |
pupil is entitled to attend school under division (B) of section | 18893 |
3313.64 or section 3313.65 of the Revised Code as determined by | 18894 |
the department of education. | 18895 |
(I)(1) A city, local, exempted village, or joint vocational | 18896 |
school district admitting a scholarship student of a pilot project | 18897 |
district pursuant to division (C) of section 3313.976 of the | 18898 |
Revised Code may count such student in its average daily | 18899 |
membership. | 18900 |
(2) In any year for which funds are appropriated for pilot | 18901 |
project scholarship programs, a school district implementing a | 18902 |
state-sponsored pilot project scholarship program that year | 18903 |
pursuant to sections 3313.974 through 3313.979 of the Revised Code | 18904 |
may count in average daily membership: | 18905 |
(a) All children residing in the district and utilizing a | 18906 |
scholarship to attend kindergarten in any alternative school, as | 18907 |
defined in section 3313.974 of the Revised Code; | 18908 |
(b) All children who were enrolled in the district in the | 18909 |
preceding year who are utilizing a scholarship to attend any such | 18910 |
alternative school. | 18911 |
(J) The superintendent of each cooperative education school | 18912 |
district shall certify to the superintendent of public | 18913 |
instruction, in a manner prescribed by the state board of | 18914 |
education, the applicable average daily memberships for all | 18915 |
students in the cooperative education district, also indicating | 18916 |
the city, local, or exempted village district where each pupil is | 18917 |
entitled to attend school under section 3313.64 or 3313.65 of the | 18918 |
Revised Code. | 18919 |
Sec. 3317.05. (A) For the purpose of calculating payments | 18920 |
under sections
| 18921 |
Revised Code, the state board of education shall determine for | 18922 |
each institution, by the last day of January of each year and | 18923 |
based on information certified under section 3317.03 of the | 18924 |
Revised Code, the number of vocational education units or | 18925 |
fractions of units approved by the state board on the basis of | 18926 |
standards and rules adopted by the state board. As used in this | 18927 |
division, "institution" means an institution operated by a | 18928 |
department specified in section 3323.091 of the Revised Code and | 18929 |
that provides vocational education programs under the supervision | 18930 |
of the division of vocational education of the department of | 18931 |
education that meet the standards and rules for these programs, | 18932 |
including licensure of professional staff involved in the | 18933 |
programs, as established by the state board of education. | 18934 |
(B) For the purpose of calculating payments under sections | 18935 |
3317.052, 3317.053, 3317.11,
| 18936 |
the Revised Code, the state board shall determine, based on | 18937 |
information certified under section 3317.03 of the Revised Code, | 18938 |
the following by the last day of January of each year for each | 18939 |
educational service center, for each school district, including | 18940 |
each cooperative education school district, for each institution | 18941 |
eligible for payment under section 3323.091 of the Revised Code, | 18942 |
and for each county MR/DD board: the number of classes operated | 18943 |
by the school district, service center, institution, or county | 18944 |
MR/DD board for handicapped preschool children, or fraction | 18945 |
thereof, including in the case of a district or service center | 18946 |
that is a funding agent, classes taught by a licensed teacher | 18947 |
employed by that district or service center under section 3313.841 | 18948 |
of the Revised Code, approved annually by the state board on the | 18949 |
basis of standards and rules adopted by the state board. | 18950 |
(C) For the purpose of calculating payments under sections | 18951 |
3317.052, 3317.053, 3317.11,
| 18952 |
the Revised Code, the state board shall determine, based on | 18953 |
information certified under section 3317.03 of the Revised Code, | 18954 |
the following by the last day of January of each year for each | 18955 |
school district, including each cooperative education school | 18956 |
district, for each institution eligible for payment under section | 18957 |
3323.091 of the Revised Code, and for each county MR/DD board: the | 18958 |
number of preschool handicapped related services units for child | 18959 |
study, occupational, physical, or speech and hearing therapy, | 18960 |
special education supervisors, and special education coordinators | 18961 |
approved annually by the state board on the basis of standards and | 18962 |
rules adopted by the state board. | 18963 |
(D) For the purpose of calculating payments under sections | 18964 |
| 18965 |
state board shall determine, based on information certified under | 18966 |
section 3317.03 of the Revised Code, the following by the last day | 18967 |
of January of each year for each institution eligible for payment | 18968 |
under section 3323.091 of the
Revised Code | 18969 |
18970 |
(1) The number of classes operated by an institution
| 18971 |
18972 | |
preschool children, or fraction thereof, approved annually by the | 18973 |
state board on the basis of standards and rules adopted by the | 18974 |
state board; | 18975 |
(2) The number of related services units for children other | 18976 |
than handicapped preschool children for child study, occupational, | 18977 |
physical, or speech and hearing therapy, special education | 18978 |
supervisors, and special education coordinators approved annually | 18979 |
by the state board on the basis of standards and rules adopted by | 18980 |
the state board. | 18981 |
(E) All of the arithmetical calculations made under this | 18982 |
section shall be carried to the second decimal place. The total | 18983 |
number of units for school districts, service centers, and | 18984 |
institutions approved annually by the state board under this | 18985 |
section shall not exceed the number of units included in the state | 18986 |
board's estimate of cost for these units and appropriations made | 18987 |
for them by the general assembly. | 18988 |
In the case of units described in division (D)(1) of this | 18989 |
section operated by
| 18990 |
for payment under section 3323.091 of the Revised Code, the state | 18991 |
board shall approve only units for persons who are under age | 18992 |
twenty-two on the first day of the academic year, but not less | 18993 |
than six years of age on the thirtieth day of September of that | 18994 |
year, except that such a unit may include one or more children who | 18995 |
are under six years of age on the thirtieth day of September if | 18996 |
such children have been admitted to the unit pursuant to rules of | 18997 |
the state board. In the case of handicapped preschool units | 18998 |
described in division (B) of this section operated by county MR/DD | 18999 |
boards and institutions eligible for payment under section | 19000 |
3323.091 of the Revised Code, the state board shall approve only | 19001 |
preschool units for children who are under age six but not less | 19002 |
than age three on the thirtieth day of September of the academic | 19003 |
year, except that such a unit may include one or more children who | 19004 |
are under age three or are age six or over on the thirtieth day of | 19005 |
September if such children have been admitted to the unit pursuant | 19006 |
to rules of the state board of education. The number of units for | 19007 |
county MR/DD boards and institutions eligible for payment under | 19008 |
section 3323.091 of the Revised Code approved by the state board | 19009 |
under this section shall not exceed the number that can be funded | 19010 |
with appropriations made for such purposes by the general | 19011 |
assembly. | 19012 |
No unit shall be approved under divisions (B) to (D) of this | 19013 |
section unless a plan has been submitted and approved under | 19014 |
Chapter 3323. of the Revised Code. | 19015 |
(F) The department shall approve units or fractions thereof | 19016 |
for gifted children on the basis of standards and rules adopted by | 19017 |
the board. | 19018 |
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and | 19019 |
3317.11 of the Revised Code, a unit funded pursuant to division | 19020 |
(P) of section 3317.024 or division (A)(2)
of section
| 19021 |
3317.052 of the Revised Code shall not be approved for state | 19022 |
funding in one school district, including any cooperative | 19023 |
education school district or any educational service center, to | 19024 |
the extent that such unit provides programs in or services to | 19025 |
another district which receives payment pursuant to section | 19026 |
3317.04 of the Revised Code. | 19027 |
(2) Any city, local, exempted village, or cooperative | 19028 |
education school district or any educational service center may | 19029 |
combine partial unit eligibility for handicapped preschool | 19030 |
programs pursuant to section 3317.05 of the Revised Code, and such | 19031 |
combined partial units may be approved for state funding in one | 19032 |
school district or service center. | 19033 |
(B) After units have been initially approved for any fiscal | 19034 |
year under section 3317.05 of the Revised Code, no unit shall be | 19035 |
subsequently transferred from a school district or educational | 19036 |
service center to another city, exempted village, local, or | 19037 |
cooperative education school district or educational service | 19038 |
center or to an institution or county MR/DD board solely for the | 19039 |
purpose of reducing the financial obligations of the school | 19040 |
district in a fiscal year it receives payment pursuant to section | 19041 |
3317.04 of the Revised Code. | 19042 |
| 19043 |
"institution" means an institution operated by a department | 19044 |
specified in section 3323.091 of the Revised Code. | 19045 |
(A)(1) The department of education shall pay each school | 19046 |
district, educational service center, institution eligible for | 19047 |
payment under section 3323.091 of the Revised Code, or county | 19048 |
MR/DD board an amount for the total of all classroom units for | 19049 |
handicapped preschool children approved under division (B) of | 19050 |
section 3317.05 of the Revised Code. For each unit, the amount | 19051 |
shall be the sum of the minimum salary for the teacher of the | 19052 |
unit, calculated on the basis of the teacher's training level and | 19053 |
years of experience pursuant to the salary schedule prescribed in | 19054 |
the version of section 3317.13 of the Revised Code in effect prior | 19055 |
to the effective date of this amendment, plus fifteen per cent of | 19056 |
that minimum salary amount, and eight thousand twenty-three | 19057 |
dollars. | 19058 |
(2) The department shall pay each school district, | 19059 |
educational service center, institution eligible for payment under | 19060 |
section 3323.091 of the Revised Code, or county MR/DD board an | 19061 |
amount for the total of all related services units for handicapped | 19062 |
preschool children approved under division (C) of section 3317.05 | 19063 |
of the Revised Code. For each such unit, the amount shall be the | 19064 |
sum of the minimum salary for the teacher of the unit calculated | 19065 |
on the basis of the teacher's training level and years of | 19066 |
experience pursuant to the salary schedule prescribed in the | 19067 |
version of section 3317.13 of the Revised Code in effect prior to | 19068 |
the effective date of this amendment, fifteen per cent of that | 19069 |
minimum salary amount, and two thousand one hundred thirty-two | 19070 |
dollars. | 19071 |
(B) If a school district
| 19072 |
19073 | |
19074 | |
| 19075 |
units approved for the year under division (F)(2) or (G)(3) of | 19076 |
section 3317.03 of the Revised Code, the district, educational | 19077 |
service center, or board shall receive an additional amount during | 19078 |
the last half of the fiscal year. For each district, center, or | 19079 |
board, the additional amount for each unit shall equal fifty per | 19080 |
cent of the amounts computed for the unit in the manner prescribed | 19081 |
by division (A) of this section and division (C) of section | 19082 |
| 19083 |
(C)(1) The department shall pay each institution eligible | 19084 |
for payment under section 3323.091 of the Revised Code or county | 19085 |
MR/DD board an amount for the total of all special education units | 19086 |
approved under division (D)(1) of section 3317.05 of the Revised | 19087 |
Code. The amount for each unit shall be the sum of the minimum | 19088 |
salary for the teacher of the unit, calculated on the basis of the | 19089 |
teacher's training level and years of experience pursuant to the | 19090 |
salary schedule prescribed in the version of section 3317.13 of | 19091 |
the Revised Code in effect prior to the effective date of this | 19092 |
amendment, plus fifteen per cent of that minimum salary amount, | 19093 |
and eight thousand twenty-three dollars. | 19094 |
(2) The department shall pay each institution eligible for | 19095 |
payment under
section 3323.091 of the Revised Code
| 19096 |
19097 | |
approved under division (D)(2) of section 3317.05 of the Revised | 19098 |
Code. The amount for each unit shall be the sum of the minimum | 19099 |
salary for the teacher of the unit, calculated on the basis of the | 19100 |
teacher's training level and years of experience pursuant to the | 19101 |
salary schedule prescribed in the version of section 3317.13 of | 19102 |
the Revised Code in effect prior to the effective date of this | 19103 |
amendment, plus fifteen per cent of that minimum salary amount, | 19104 |
and two thousand one hundred thirty-two dollars. | 19105 |
| 19106 |
19107 | |
19108 | |
19109 | |
19110 | |
19111 | |
19112 | |
19113 |
(D) The department shall pay each institution approved for | 19114 |
vocational education units under division (A) of section 3317.05 | 19115 |
of the Revised Code an amount for the total of all the units | 19116 |
approved under that division. The amount for each unit shall be | 19117 |
the sum of the minimum salary for the teacher of the unit, | 19118 |
calculated on the basis of the teacher's training level and years | 19119 |
of experience pursuant to the salary schedule prescribed in the | 19120 |
version of section 3317.13 of the Revised Code in effect prior to | 19121 |
the effective date of this amendment, plus fifteen per cent of | 19122 |
that minimum salary amount, and nine thousand five hundred ten | 19123 |
dollars. | 19124 |
| 19125 |
(1) "State share percentage" has the same meaning as in | 19126 |
section 3317.022 of the Revised Code. | 19127 |
(2) "Dollar amount" means the amount shown in the following | 19128 |
table for the corresponding type of unit and the appropriate | 19129 |
fiscal year: | 19130 |
DOLLAR AMOUNT | 19131 |
FY 2000 | FY 2001 | 19132 | |||||
TYPE OF UNIT | FY 2002 | FY 2003 | 19133 | ||||
Division (B) of section 3317.05 of the Revised Code | $8,334 | $8,334 | 19134 | ||||
Division (C) of that section | $3,234 | $3,234 | 19135 | ||||
Division (F) of that section | $4,550 | $5,550 | 19136 | ||||
$6,550 | $7,550 | 19137 |
(3) "Average unit amount" means the amount shown in the | 19138 |
following table for the corresponding type of unit: | 19139 |
AVERAGE UNIT AMOUNT | 19140 |
FY 2000 | FY 2001 | 19141 | |||||
TYPE OF UNIT | FY 2002 | FY 2003 | 19142 | ||||
Division (B) of section 3317.05 of the Revised Code | $7,799 | $7,799 | 19143 | ||||
Division (C) of that section | $2,966 | $2,966 | 19144 | ||||
Division (F) of that section | $4,251 | $5,251 | 19145 | ||||
$6,251 | $7,251 | 19146 |
(B) In the case of each unit described in division (B), (C), | 19147 |
or (F) of section 3317.05 of the Revised Code and allocated to a | 19148 |
city, local, or exempted village school district, the department | 19149 |
of education, in addition to the amounts specified in division (P) | 19150 |
of
section 3317.024 and sections
| 19151 |
the Revised Code, shall pay a supplemental unit allowance equal to | 19152 |
the sum of the following amounts: | 19153 |
(1) An amount equal to 50% of the average unit amount for | 19154 |
the unit; | 19155 |
(2) An amount equal to the percentage of the dollar amount | 19156 |
for the unit that equals the district's state share percentage. | 19157 |
If, prior to the fifteenth day of May of a fiscal year, a | 19158 |
school district's aid computed under section 3317.022 of the | 19159 |
Revised Code is recomputed pursuant to section 3317.027 or | 19160 |
3317.028 of the Revised Code, the department shall also recompute | 19161 |
the district's entitlement to payment under this section utilizing | 19162 |
a new state share percentage. Such new state share percentage | 19163 |
shall be determined using the district's recomputed basic aid | 19164 |
amount pursuant to section 3317.027 or 3317.028 of the Revised | 19165 |
Code. During the last six months of the fiscal year, the | 19166 |
department shall pay the district a sum equal to one-half of the | 19167 |
recomputed payment in lieu of one-half the payment otherwise | 19168 |
calculated under this section. | 19169 |
(C)(1) In the case of each unit allocated to an institution | 19170 |
pursuant to division (A) of section 3317.05 of the Revised Code, | 19171 |
the department, in addition to the amount specified in section | 19172 |
| 19173 |
unit allowance of $7,227. | 19174 |
(2) In the case of each unit described in division (B) or | 19175 |
(D)(1) of section 3317.05 of the Revised Code that is allocated to | 19176 |
any entity other than a city, exempted village, or local school | 19177 |
district, the department, in addition to the amount specified in | 19178 |
section
| 19179 |
supplemental unit allowance of $7,799. | 19180 |
(3) In the case of each unit described in division (C) or | 19181 |
(D)(2) of section 3317.05 of the Revised Code and allocated to any | 19182 |
entity other than a city, exempted village, or local school | 19183 |
district, the department, in addition to the amounts specified in | 19184 |
section
| 19185 |
supplemental unit allowance of $2,966. | 19186 |
(4) In the case of each unit described in division (F) of | 19187 |
section 3317.05 of the Revised Code and allocated to an | 19188 |
educational service center, the department, in addition to the | 19189 |
amounts specified in division (P) of section 3317.024 of the | 19190 |
Revised Code, shall pay a supplemental unit
allowance of
| 19191 |
$6,251 in
fiscal year
| 19192 |
| 19193 |
Sec. 3317.06. Moneys paid to school districts under division | 19194 |
(L) of section 3317.024 of the Revised Code shall be used for the | 19195 |
following independent and fully severable purposes: | 19196 |
(A) To purchase such secular textbooks or electronic | 19197 |
textbooks as have been approved by the superintendent of public | 19198 |
instruction for use in public schools in the state and to loan | 19199 |
such textbooks or electronic textbooks to pupils attending | 19200 |
nonpublic schools within the district or to their parents and to | 19201 |
hire clerical personnel to administer such lending program. Such | 19202 |
loans shall be based upon individual requests submitted by such | 19203 |
nonpublic school pupils or parents. Such requests shall be | 19204 |
submitted to the school district in which the nonpublic school is | 19205 |
located. Such individual requests for the loan of textbooks or | 19206 |
electronic textbooks shall, for administrative convenience, be | 19207 |
submitted by the nonpublic school pupil or the pupil's parent to | 19208 |
the nonpublic school, which shall prepare and submit collective | 19209 |
summaries of the individual requests to the school district. As | 19210 |
used in this section: | 19211 |
(1) "Textbook" means any book or book substitute that a | 19212 |
pupil uses as a consumable or nonconsumable text, text substitute, | 19213 |
or text supplement in a particular class or program in the school | 19214 |
the pupil regularly attends. | 19215 |
(2) "Electronic textbook" means computer software, | 19216 |
interactive videodisc, magnetic media, CD-ROM, computer | 19217 |
courseware, local and remote computer assisted instruction, | 19218 |
on-line service, electronic medium, or other means of conveying | 19219 |
information to the student or otherwise contributing to the | 19220 |
learning process through electronic means. | 19221 |
(B) To provide speech and hearing diagnostic services to | 19222 |
pupils attending nonpublic schools within the district. Such | 19223 |
service shall be provided in the nonpublic school attended by the | 19224 |
pupil receiving the service. | 19225 |
(C) To provide physician, nursing, dental, and optometric | 19226 |
services to pupils attending nonpublic schools within the | 19227 |
district. Such services shall be provided in the school attended | 19228 |
by the nonpublic school pupil receiving the service. | 19229 |
(D) To provide diagnostic psychological services to pupils | 19230 |
attending nonpublic schools within the district. Such services | 19231 |
shall be provided in the school attended by the pupil receiving | 19232 |
the service. | 19233 |
(E) To provide therapeutic psychological and speech and | 19234 |
hearing services to pupils attending nonpublic schools within the | 19235 |
district. Such services shall be provided in the public school, | 19236 |
in nonpublic schools, in public centers, or in mobile units | 19237 |
located on or off of the nonpublic premises. If such services are | 19238 |
provided in the public school or in public centers, transportation | 19239 |
to and from such facilities shall be provided by the school | 19240 |
district in which the nonpublic school is located. | 19241 |
(F) To provide guidance and counseling services to pupils | 19242 |
attending nonpublic schools within the district. Such services | 19243 |
shall be provided in the public school, in nonpublic schools, in | 19244 |
public centers, or in mobile units located on or off of the | 19245 |
nonpublic premises. If such services are provided in the public | 19246 |
school or in public centers, transportation to and from such | 19247 |
facilities shall be provided by the school district in which the | 19248 |
nonpublic school is located. | 19249 |
(G) To provide remedial services to pupils attending | 19250 |
nonpublic schools within the district. Such services shall be | 19251 |
provided in the public school, in nonpublic schools, in public | 19252 |
centers, or in mobile units located on or off of the nonpublic | 19253 |
premises. If such services are provided in the public school or | 19254 |
in public centers, transportation to and from such facilities | 19255 |
shall be provided by the school district in which the nonpublic | 19256 |
school is located. | 19257 |
(H) To supply for use by pupils attending nonpublic schools | 19258 |
within the district such standardized tests and scoring services | 19259 |
as are in use in the public schools of the state; | 19260 |
(I) To provide programs for children who attend nonpublic | 19261 |
schools within the district and are handicapped children as | 19262 |
defined in division (A) of section 3323.01 of the Revised Code or | 19263 |
gifted children. Such programs shall be provided in the public | 19264 |
school, in nonpublic schools, in public centers, or in mobile | 19265 |
units located on or off of the nonpublic premises. If such | 19266 |
programs are provided in the public school or in public centers, | 19267 |
transportation to and from such facilities shall be provided by | 19268 |
the school district in which the nonpublic school is located. | 19269 |
(J) To hire clerical personnel to assist in the | 19270 |
administration of programs pursuant to divisions (B), (C), (D), | 19271 |
(E), (F), (G), and (I) of this section and to hire supervisory | 19272 |
personnel to supervise the providing of services and textbooks | 19273 |
pursuant to this section. | 19274 |
(K) To purchase or lease any secular, neutral, and | 19275 |
nonideological computer software (including site-licensing), | 19276 |
prerecorded video laserdiscs, digital video on demand (DVD), | 19277 |
compact discs, and video cassette cartridges, wide area | 19278 |
connectivity and related technology as it relates to internet | 19279 |
access, mathematics or science equipment and materials, | 19280 |
instructional materials, and school library materials that are in | 19281 |
general use in the public schools of the state and loan such items | 19282 |
to pupils attending nonpublic schools within the district or to | 19283 |
their parents, and to hire clerical personnel to administer the | 19284 |
lending program. Only such items that are incapable of diversion | 19285 |
to religious use and that are susceptible of loan to individual | 19286 |
pupils and are furnished for the use of individual pupils shall be | 19287 |
purchased and loaned under this division. As used in this | 19288 |
section, "instructional materials" means prepared learning | 19289 |
materials that are secular, neutral, and nonideological in | 19290 |
character and are of benefit to the instruction of school | 19291 |
children, and may include educational resources and services | 19292 |
developed by the Ohio schoolnet commission. | 19293 |
(L) To purchase or lease instructional equipment, including | 19294 |
computer hardware and related equipment in general use in the | 19295 |
public schools of the state, for use by pupils attending nonpublic | 19296 |
schools within the district and to loan such items to pupils | 19297 |
attending nonpublic schools within the district or to their | 19298 |
parents, and to hire clerical personnel to administer the lending | 19299 |
program. | 19300 |
(M) To purchase mobile units to be used for the provision of | 19301 |
services pursuant to divisions (E), (F), (G), and (I) of this | 19302 |
section and to pay for necessary repairs and operating costs | 19303 |
associated with these units. | 19304 |
Clerical and supervisory personnel hired pursuant to division | 19305 |
(J) of this section shall perform their services in the public | 19306 |
schools, in nonpublic schools, public centers, or mobile units | 19307 |
where the services are provided to the nonpublic school pupil, | 19308 |
except that such personnel may accompany pupils to and from the | 19309 |
service sites when necessary to ensure the safety of the children | 19310 |
receiving the services. | 19311 |
All services provided pursuant to this section may be | 19312 |
provided under contract with educational service centers, the | 19313 |
department of health, city or general health districts, or private | 19314 |
agencies whose personnel are properly licensed by an appropriate | 19315 |
state board or agency. | 19316 |
Transportation of pupils provided pursuant to divisions (E), | 19317 |
(F), (G), and (I) of this section shall be provided by the school | 19318 |
district from its general funds and not from moneys paid to it | 19319 |
under division (L) of section 3317.024 of the Revised Code unless | 19320 |
a special transportation request is submitted by the parent of the | 19321 |
child receiving service pursuant to such divisions. If such an | 19322 |
application is presented to the school district, it may pay for | 19323 |
the transportation from moneys paid to it under division (L) of | 19324 |
section 3317.024 of the Revised Code. | 19325 |
No school district shall provide health or remedial services | 19326 |
to nonpublic school pupils as authorized by this section unless | 19327 |
such services are available to pupils attending the public schools | 19328 |
within the district. | 19329 |
Materials, equipment, computer hardware or software, | 19330 |
textbooks, electronic textbooks, and health and remedial services | 19331 |
provided for the benefit of nonpublic school pupils pursuant to | 19332 |
this section and the admission of pupils to such nonpublic schools | 19333 |
shall be provided without distinction as to race, creed, color, or | 19334 |
national origin of such pupils or of their teachers. | 19335 |
No school district shall provide services, materials, or | 19336 |
equipment that contain religious content for use in religious | 19337 |
courses, devotional exercises, religious training, or any other | 19338 |
religious activity. | 19339 |
As used in this section, "parent" includes a person standing | 19340 |
in loco parentis to a child. | 19341 |
Notwithstanding section 3317.01 of the Revised Code, payments | 19342 |
shall be made under this section to any city, local, or exempted | 19343 |
village school district within which is located one or more | 19344 |
nonpublic elementary or high schools and any payments made to | 19345 |
school districts under division (L) of section 3317.024 of the | 19346 |
Revised Code for purposes of this section may be disbursed without | 19347 |
submission to and approval of the controlling board. | 19348 |
The allocation of payments for materials, equipment, | 19349 |
textbooks, electronic textbooks, health services, and remedial | 19350 |
services to city, local, and exempted village school districts | 19351 |
shall be on the basis of the state board of education's estimated | 19352 |
annual average daily membership in nonpublic elementary and high | 19353 |
schools located in the district. | 19354 |
Payments made to city, local, and exempted village school | 19355 |
districts under this section shall be equal to specific | 19356 |
appropriations made for the purpose. All interest earned by a | 19357 |
school district on such payments shall be used by the district for | 19358 |
the same purposes and in the same manner as the payments may be | 19359 |
used. | 19360 |
The department of education shall adopt guidelines and | 19361 |
procedures under which such programs and services shall be | 19362 |
provided, under which districts shall be reimbursed for | 19363 |
administrative costs incurred in providing such programs and | 19364 |
services, and under which any unexpended balance of the amounts | 19365 |
appropriated by the general assembly to implement this section may | 19366 |
be transferred to the auxiliary services personnel unemployment | 19367 |
compensation fund established pursuant to section 4141.47 of the | 19368 |
Revised Code. The department shall also adopt guidelines and | 19369 |
procedures limiting the purchase and loan of the items described | 19370 |
in division (K) of this section to items that are in general use | 19371 |
in the public schools of the state, that are incapable of | 19372 |
diversion to religious use, and that are susceptible to individual | 19373 |
use rather than classroom use. Within thirty days after the end | 19374 |
of each biennium, each board of education shall remit to the | 19375 |
department all moneys paid to it under division (L) of section | 19376 |
3317.024 of the Revised Code and any interest earned on those | 19377 |
moneys that are not required to pay expenses incurred under this | 19378 |
section during the biennium for which the money was appropriated | 19379 |
and during which the interest was earned. If a board of education | 19380 |
subsequently determines that the remittal of moneys leaves the | 19381 |
board with insufficient money to pay all valid expenses incurred | 19382 |
under this section during the biennium for which the remitted | 19383 |
money was appropriated, the board may apply to the department of | 19384 |
education for a refund of money, not to exceed the amount of the | 19385 |
insufficiency. If the department determines the expenses were | 19386 |
lawfully incurred and would have been lawful expenditures of the | 19387 |
refunded money, it shall certify its determination and the amount | 19388 |
of the refund to be made to the director of job and family | 19389 |
services who shall make a refund as provided in section 4141.47 of | 19390 |
the Revised Code. | 19391 |
Sec. 3317.064. (A) There is hereby established in the state | 19392 |
treasury the auxiliary services mobile unit replacement and repair | 19393 |
fund. By the thirtieth day of January of each odd-numbered year, | 19394 |
the director of job and family services and the superintendent of | 19395 |
public instruction shall determine the amount of any excess moneys | 19396 |
in the auxiliary services personnel unemployment compensation fund | 19397 |
not reasonably necessary for the purposes of section 4141.47 of | 19398 |
the Revised Code, and shall certify such amount to the director of | 19399 |
budget and management for transfer to the auxiliary services | 19400 |
mobile unit
replacement and repair fund. If
the director of
| 19401 |
job and family services and the superintendent disagree on such | 19402 |
amount, the director of budget and management shall determine the | 19403 |
amount to be transferred. | 19404 |
(B) Moneys in the auxiliary services mobile unit replacement | 19405 |
and repair fund shall be used for the relocation or for the | 19406 |
replacement and repair of mobile units used to provide the | 19407 |
services specified in division (E), (F), (G), or (I) of section | 19408 |
3317.06 of the
Revised Code
| 19409 |
board of education shall adopt guidelines and procedures for | 19410 |
replacement, repair, and relocation of mobile units and the | 19411 |
procedures under which a school district may apply to receive | 19412 |
moneys with which to repair or replace or relocate such units. | 19413 |
(C) School districts may apply to the department for moneys | 19414 |
from the auxiliary services mobile unit replacement and repair | 19415 |
fund for payment of incentives for early retirement and severance | 19416 |
for school district personnel assigned to provide services | 19417 |
authorized by section 3317.06 of the Revised Code at chartered | 19418 |
nonpublic schools. The portion of the cost of any early | 19419 |
retirement or severance incentive for any employee that is paid | 19420 |
using money from the auxiliary services mobile unit replacement | 19421 |
and repair fund shall not exceed the percentage of such employee's | 19422 |
total service credit that the employee spent providing services | 19423 |
to chartered nonpublic school students under section 3317.06 of | 19424 |
the Revised Code. | 19425 |
Sec. 3317.11. (A) Annually, on or before a date designated | 19426 |
by the state board of education, each educational service center | 19427 |
governing board shall prepare a budget of operating expenses for | 19428 |
the ensuing year for the service center on forms prepared and | 19429 |
furnished by the state board of education and shall certify the | 19430 |
budget to the state board of education, together with such other | 19431 |
information as the board may require. Such budget shall consist | 19432 |
of two parts. Part (A) shall include the cost of the salaries, | 19433 |
employers retirement contributions, and travel expenses of | 19434 |
supervisory teachers approved by the state board of education. The | 19435 |
amount derived from the calculation for such units in part (A) of | 19436 |
the governing board budget shall be the sum of: | 19437 |
(1) The sum of the minimum salaries calculated, pursuant to | 19438 |
section 3317.13 of the Revised Code, for each approved licensed | 19439 |
employee of the governing board; | 19440 |
(2) An additional salary allowance proportional to the | 19441 |
length of the extended term of service not to exceed three months | 19442 |
for each supervisory and child study teacher whose term of service | 19443 |
in any year is extended beyond the terms of service of regular | 19444 |
classroom teachers; | 19445 |
(3) An allowance equal to fifteen per cent of the amount | 19446 |
computed under division (A)(1) of this section; | 19447 |
(4) An allowance for necessary travel expenses, for each of | 19448 |
the personnel approved in part (A) of the budget, limited to two | 19449 |
hundred twenty-three dollars and sixteen cents per month, or two | 19450 |
thousand six hundred seventy-eight dollars per year per person | 19451 |
employed, whichever is the lesser. | 19452 |
Part (B) shall include the cost of all other lawful | 19453 |
expenditures of the governing board. The state board of education | 19454 |
shall review such budget and may approve, increase, or decrease | 19455 |
such budget. | 19456 |
The governing board shall be reimbursed by the state board of | 19457 |
education from state funds for the cost of part (A) of the budget. | 19458 |
The governing board shall be reimbursed by the state board of | 19459 |
education, from state funds for the cost of part (B) of the | 19460 |
approved budget that is in excess of six dollars and fifty cents | 19461 |
times the service center ADM. If the governing board provides | 19462 |
services to city or exempted village school districts pursuant to | 19463 |
section 3313.843 of the Revised Code, the governing board shall be | 19464 |
reimbursed from state funds for the cost of part (B) of the budget | 19465 |
that is in excess of six dollars and fifty cents times the sum of | 19466 |
the service center ADM and the client ADMs of the city or exempted | 19467 |
village districts to which such services are provided. The cost | 19468 |
of part (B) not in excess of six dollars and fifty cents times the | 19469 |
number of such ADM shall be apportioned by the state board of | 19470 |
education among the local school districts in the territory of the | 19471 |
service center, or among all districts to which the governing | 19472 |
board provides services, on the basis of the total number of | 19473 |
pupils in each school district. | 19474 |
If part (B) of the budget is in excess of that approved by | 19475 |
the state board of education, the excess cost shall be apportioned | 19476 |
by the state board of education among the local school districts | 19477 |
in the territory of the service center on the basis of the total | 19478 |
number of such pupils in each such school district, provided that | 19479 |
a majority of the boards of education of such local school | 19480 |
districts approve such apportionment. The state board of | 19481 |
education shall initiate and supervise the procedure by which the | 19482 |
local boards shall approve or disapprove such apportionment. | 19483 |
The amounts so apportioned shall be certified to the | 19484 |
treasurers of the various school districts. In the case of each | 19485 |
district such amount shall be deducted by the state board of | 19486 |
education from funds allocated to the district pursuant to | 19487 |
division (E) of section 3317.023 of the Revised Code. | 19488 |
The state board of education shall certify to the director of | 19489 |
budget and management for payment the total of the deductions, | 19490 |
whereupon the amount shall be paid to the governing board of each | 19491 |
service center, to be deposited to the credit of a separate fund, | 19492 |
hereby created, to be known as the educational service center | 19493 |
governing board fund. | 19494 |
An educational service center may provide special education | 19495 |
to students in its local districts or in client districts. A | 19496 |
service center is eligible for funding under division (J) of | 19497 |
section 3317.024 of the Revised Code and eligible for state | 19498 |
subsidies for the purchase of school buses under section 3317.07 | 19499 |
of the Revised Code. Special education units for gifted children | 19500 |
may be operated by a governing board. Vocational education may be | 19501 |
provided by a governing board. A governing board may conduct | 19502 |
driver education for pupils enrolled in a high school for which | 19503 |
the state board of education prescribes minimum standards. | 19504 |
Every local school district shall be provided supervisory | 19505 |
services by its governing board as approved by the state board of | 19506 |
education. A city or exempted village school district shall be | 19507 |
considered to be provided supervisory services by a governing | 19508 |
board if it has entered into an agreement for the governing board | 19509 |
to provide any services under section 3313.843 of the Revised | 19510 |
Code. Supervisory services shall not exceed one supervisory | 19511 |
teacher for the first fifty classroom teachers employed in all | 19512 |
districts that are provided supervisory services calculated under | 19513 |
section 3317.023 of the Revised Code and one supervisory teacher | 19514 |
for every additional one hundred such classroom teachers so | 19515 |
calculated. Reimbursement for such supervisory services shall be | 19516 |
a deduction by the state board of education from the payment to | 19517 |
the school district pursuant to division (E) of section 3317.023 | 19518 |
of the Revised Code. Deductions for all supervisory services and | 19519 |
extended services for supervisory and child study shall be | 19520 |
apportioned among local school districts within the territory of | 19521 |
the service center and any city or exempted village districts that | 19522 |
have entered into agreements with a service center pursuant to | 19523 |
section 3313.843 of the Revised Code by the state board of | 19524 |
education on the basis of the total number of pupils in each | 19525 |
school district, except that where such services are provided to | 19526 |
districts other than local school districts within the service | 19527 |
center territory and city or exempted village districts having | 19528 |
agreements with the service center, such charges shall be | 19529 |
apportioned among all participating districts on the basis of the | 19530 |
total number of pupils in each school district. All deductions | 19531 |
from state funding to school districts required for reimbursement | 19532 |
of governing boards by division (E) of section 3317.023 of the | 19533 |
Revised Code shall be made from the total of the payment computed | 19534 |
for the district under this chapter, after making any other | 19535 |
adjustments in that payment required by law. | 19536 |
(B)(1) In addition to the payments made under division (A) | 19537 |
of this section, except as otherwise provided in division (C) of | 19538 |
this section, the department of education shall pay each governing | 19539 |
board
| 19540 |
19541 | |
center ADM and the sum of the client ADMs of all its client | 19542 |
districts | 19543 |
| 19544 |
| 19545 |
and 2003. | 19546 |
(2) In addition to other payments under this section, the | 19547 |
department shall pay each educational service center the amounts | 19548 |
due to it from school districts pursuant to contracts, compacts, | 19549 |
or agreements under which the service center furnishes services to | 19550 |
the districts or their students. In order to receive payment | 19551 |
under this division, an educational service center shall furnish | 19552 |
either a copy of the applicable contract, compact, or agreement | 19553 |
clearly indicating the amounts of the payments, or a written | 19554 |
statement of the payments owed signed by the superintendent or | 19555 |
treasurer of the responsible school district. | 19556 |
The amounts paid to service centers under division (B)(2) of | 19557 |
this section shall be deducted from payments to school districts | 19558 |
pursuant to division (K)(2) of section 3317.023 of the Revised | 19559 |
Code. | 19560 |
(C) Each multicounty service center shall receive a payment | 19561 |
each fiscal year equal to forty dollars and fifty-two cents times | 19562 |
the sum of the service center ADM and the client ADMs of all its | 19563 |
client districts. | 19564 |
(D) Each city, exempted village, local, joint vocational, or | 19565 |
cooperative education school district shall pay to the governing | 19566 |
board of an educational service center any amounts agreed to for | 19567 |
each child enrolled in the district who receives special education | 19568 |
and related services or vocational education from the educational | 19569 |
service center. | 19570 |
(E) As used in this section: | 19571 |
(1) "Service center ADM" means the total of each of the | 19572 |
following for all local school districts within the limits of an | 19573 |
educational service center's territory: | 19574 |
(a) The formula ADM; | 19575 |
(b) The kindergarten average daily membership included in | 19576 |
the formula ADM; | 19577 |
(c) Three-quarters of the number of students reported under | 19578 |
division (B)(4) of section 3317.03 of the Revised Code; | 19579 |
(d) The average daily membership of handicapped preschool | 19580 |
children reported under division (B)(2) of section 3317.03 of the | 19581 |
Revised Code; | 19582 |
(e) The number of preschool students certified under | 19583 |
division (B) of section 3317.032 of the Revised Code. | 19584 |
(2) "Client ADM" means the total of each number described | 19585 |
under divisions (E)(1)(a) to (e) of this section for a client | 19586 |
district. | 19587 |
(3) "Client district" means a city or exempted village school | 19588 |
district that has entered into an agreement to receive services | 19589 |
from a service center pursuant to section 3313.843 of the Revised | 19590 |
Code. | 19591 |
(4) "Multicounty service center" means a service center that | 19592 |
includes territory that formerly was included in the territory of | 19593 |
at least three former service centers or county school districts, | 19594 |
which former centers or districts engaged in one or more mergers | 19595 |
pursuant to section 3311.053 of the Revised Code to form the | 19596 |
present center. | 19597 |
Sec. 3317.13. (A) As used in this section and section | 19598 |
3317.14 of the Revised Code: | 19599 |
(1) "Years of service" includes the following: | 19600 |
(a) All years of teaching service in the same school | 19601 |
district or educational service center, regardless of training | 19602 |
level, with each year consisting of at least one hundred twenty | 19603 |
days under a teacher's contract; | 19604 |
(b) All years of teaching service in a chartered, nonpublic | 19605 |
school located in Ohio as a teacher licensed pursuant to section | 19606 |
3319.22 of the Revised Code or in another public school, | 19607 |
regardless of training level, with each year consisting of at | 19608 |
least one hundred twenty days under a teacher's contract; | 19609 |
(c) All years of teaching service in a chartered school or | 19610 |
institution or a school or institution that subsequently became | 19611 |
chartered or a chartered special education program or a special | 19612 |
education program that subsequently became chartered operated by | 19613 |
the state or by a subdivision or other local governmental unit of | 19614 |
this state as a teacher licensed pursuant to section 3319.22 of | 19615 |
the Revised Code, regardless of training level, with each year | 19616 |
consisting of at least one hundred twenty days; and | 19617 |
(d) All years of active military service in the armed forces | 19618 |
of the United States, as defined in section 3307.75 of the Revised | 19619 |
Code, to a maximum of five years. For purposes of this | 19620 |
calculation, a partial year of active military service of eight | 19621 |
continuous months or more in the armed forces shall be counted as | 19622 |
a full year. | 19623 |
(2) "Teacher" means all teachers employed by the board of | 19624 |
education of any school district, including any cooperative | 19625 |
education or joint vocational school district and all teachers | 19626 |
employed by any educational service center governing board. | 19627 |
(B) No teacher shall be paid a salary less than that | 19628 |
provided in the schedule set forth in division (C) of this | 19629 |
section. In calculating the minimum salary any teacher shall be | 19630 |
paid pursuant to this section, years of service shall include the | 19631 |
sum of all years of the teacher's teaching service included in | 19632 |
divisions (A)(1)(a), (b), (c), and (d) of this section; except | 19633 |
that any school district or educational service center employing a | 19634 |
teacher new to the district or educational service center shall | 19635 |
grant such teacher a total of not more than ten years of service | 19636 |
pursuant to divisions (A)(1)(b), (c), and (d) of this section. | 19637 |
Upon written complaint to the superintendent of public | 19638 |
instruction that the board of education of a district or the | 19639 |
governing board of an educational service center governing board | 19640 |
has failed or refused to annually adopt a salary schedule or to | 19641 |
pay salaries in accordance with the salary schedule set forth in | 19642 |
division (C) of this section, the superintendent of public | 19643 |
instruction shall cause to be made an immediate investigation of | 19644 |
such complaint. If the superintendent finds that the conditions | 19645 |
complained of exist, the superintendent shall order the board to | 19646 |
correct such conditions within ten days from the date of the | 19647 |
finding. No moneys shall be distributed to the district or | 19648 |
educational service center under this chapter until the | 19649 |
superintendent has satisfactory evidence of the board of | 19650 |
education's full compliance with such order. | 19651 |
Each teacher shall be fully credited with placement in the | 19652 |
appropriate academic training level column in the district's or | 19653 |
educational service center's salary schedule with years of service | 19654 |
properly credited pursuant to this section or section 3317.14 of | 19655 |
the Revised Code. No rule shall be adopted or exercised by any | 19656 |
board of education or educational service center governing board | 19657 |
which restricts the placement or the crediting of annual salary | 19658 |
increments for any teacher according to the appropriate academic | 19659 |
training level column. | 19660 |
(C) Minimum salaries exclusive of retirement and sick leave | 19661 |
for teachers shall be as follows: | 19662 |
Teachers | Teachers with | Teachers | 19663 | |||||||
Years | with Less | Teachers with | Five Years of | with | 19664 | |||||
of | than | a Bachelor's | Training, but | a Master's | 19665 | |||||
Service | Bachelor's | Degree | no Master's | Degree or | 19666 | |||||
Degree | Degree | Higher | 19667 |
Per | Dollar | Per | Dollar | Per | Dollar | Per | Dollar | 19668 | ||||||||||
Cent* | Amount | Cent* | Amount | Cent* | Amount | Cent* | Amount | 19669 | ||||||||||
0 | 86.5 | $14,705 | 100.0 | $17,000 | 103.8 | $17,646 | 109.5 | $18,615 | 19670 | |||||||||
17,300 | 20,000 | 20,760 | 21,900 | 19671 | ||||||||||||||
1 | 90.0 | 15,300 | 103.8 | 17,646 | 108.1 | 18,377 | 114.3 | 19,431 | 19672 | |||||||||
18,000 | 20,760 | 21,620 | 22,860 | 19673 | ||||||||||||||
2 | 93.5 | 15,895 | 107.6 | 18,292 | 112.4 | 19,108 | 119.1 | 20,247 | 19674 | |||||||||
18,700 | 21,520 | 22,480 | 23,820 | 19675 | ||||||||||||||
3 | 97.0 | 16,490 | 111.4 | 18,938 | 116.7 | 19,839 | 123.9 | 21,063 | 19676 | |||||||||
19,400 | 22,280 | 23,340 | 24,780 | 19677 | ||||||||||||||
4 | 100.5 | 17,085 | 115.2 | 19,584 | 121.0 | 20,570 | 128.7 | 21,879 | 19678 | |||||||||
20,100 | 23,040 | 24,200 | 25,740 | 19679 | ||||||||||||||
5 | 104.0 | 17,680 | 119.0 | 20,230 | 125.3 | 21,301 | 133.5 | 22,695 | 19680 | |||||||||
20,800 | 23,800 | 25,060 | 26,700 | 19681 | ||||||||||||||
6 | 104.0 | 17,680 | 122.8 | 20,876 | 129.6 | 22,032 | 138.3 | 23,511 | 19682 | |||||||||
20,800 | 24,560 | 25,920 | 27,660 | 19683 | ||||||||||||||
7 | 104.0 | 17,680 | 126.6 | 21,522 | 133.9 | 22,763 | 143.1 | 24,327 | 19684 | |||||||||
20,800 | 25,320 | 26,780 | 28,620 | 19685 | ||||||||||||||
8 | 104.0 | 17,680 | 130.4 | 22,168 | 138.2 | 23,494 | 147.9 | 25,143 | 19686 | |||||||||
20,800 | 26,080 | 27,640 | 29,580 | 19687 | ||||||||||||||
9 | 104.0 | 17,680 | 134.2 | 22,814 | 142.5 | 24,225 | 152.7 | 25,959 | 19688 | |||||||||
20,800 | 26,840 | 28,500 | 30,540 | 19689 | ||||||||||||||
10 | 104.0 | 17,680 | 138.0 | 23,460 | 146.8 | 24,956 | 157.5 | 26,775 | 19690 | |||||||||
20,800 | 27,600 | 29,360 | 31,500 | 19691 | ||||||||||||||
11 | 104.0 | 17,680 | 141.8 | 24,106 | 151.1 | 25,687 | 162.3 | 27,591 | 19692 | |||||||||
20,800 | 28,360 | 30,220 | 32,460 | 19693 |
* Percentages represent the percentage which each salary is | 19694 |
of the base amount. | 19695 |
For purposes of determining the minimum salary at any level | 19696 |
of training and service, the base of one hundred per cent shall be | 19697 |
the base amount. The percentages used in this section show the | 19698 |
relationships between the minimum salaries required by this | 19699 |
section and the base amount and shall not be construed as | 19700 |
requiring any school district or educational service center to | 19701 |
adopt a schedule containing salaries in excess of the amounts set | 19702 |
forth in this section for corresponding levels of training and | 19703 |
experience. | 19704 |
As used in this division: | 19705 |
(1) "Base amount" means
| 19706 |
(2) "Five years of training" means at least one hundred | 19707 |
fifty semester hours, or the equivalent, and a bachelor's degree | 19708 |
from a recognized college or university. | 19709 |
(D) For purposes of this section, all credited training | 19710 |
shall be from a recognized college or university. | 19711 |
Sec. 3317.16. (A) As used in this section: | 19712 |
(1) "State share percentage" means the percentage calculated | 19713 |
for a joint vocational school district as follows: | 19714 |
(a) Calculate the state base cost funding amount for the | 19715 |
district under division (B) of this section. If the district | 19716 |
would not receive any base cost funding for that year under that | 19717 |
division, the district's state share percentage is zero. | 19718 |
(b) If the district would receive base cost funding under | 19719 |
that division, divide that base cost amount by an amount equal to | 19720 |
the following: | 19721 |
19722 |
19723 |
19724 |
19725 |
The resultant number is the district's state share | 19726 |
percentage. | 19727 |
(2) The "total special education weight" for a joint | 19728 |
vocational school district shall be calculated in the same manner | 19729 |
as prescribed in division (B)(1) of section 3317.022 of the | 19730 |
Revised Code. | 19731 |
(3) The "total vocational education weight" for a joint | 19732 |
vocational school district shall be calculated in the same manner | 19733 |
as
prescribed in division (B) | 19734 |
Revised Code. | 19735 |
(4) The " | 19736 |
of a joint vocational school district shall be determined by | 19737 |
adding the
| 19738 |
all its constituent school districts for the applicable fiscal | 19739 |
year. | 19740 |
(B) The department of education shall compute and distribute | 19741 |
state base cost funding to each joint vocational school district | 19742 |
for the fiscal year in accordance with the following formula: | 19743 |
19744 |
19745 |
19746 |
19747 |
If the difference obtained under this division is a negative | 19748 |
number, the district's computation shall be zero. | 19749 |
(C)(1) The department shall compute and distribute state | 19750 |
vocational education additional weighted costs funds to each joint | 19751 |
vocational school district in accordance with the following | 19752 |
formula: | 19753 |
19754 |
19755 |
(2) The department shall compute for each joint vocational | 19756 |
school district state funds for vocational education associated | 19757 |
services costs in accordance with the following formula: | 19758 |
19759 |
19760 |
19761 |
19762 |
In any fiscal year, a joint vocational school district | 19763 |
receiving funds under division (C)(2) of this section, or through | 19764 |
a transfer of funds pursuant to division (L) of section 3317.023 | 19765 |
of the Revised Code, shall spend those funds only for the purposes | 19766 |
that the department designates as approved for vocational | 19767 |
education associated services expenses, which may include such | 19768 |
purposes as apprenticeship coordinators, coordinators for other | 19769 |
vocational education services, vocational evaluation, and other | 19770 |
purposes designated by the department. The department may deny | 19771 |
payment under division (C)(2) of this section to any district that | 19772 |
the department determines is not operating those services or is | 19773 |
using funds paid under division (C)(2) of this section, or through | 19774 |
a transfer of funds pursuant to division (L) of section 3317.023 | 19775 |
of the Revised Code, for other purposes. | 19776 |
(D)(1) The department shall compute and distribute state | 19777 |
special education and related services additional weighted costs | 19778 |
funds to each joint vocational school district in accordance with | 19779 |
the following formula: | 19780 |
19781 | |
19782 |
(2)(a) As used in this division, the "personnel allowance" | 19783 |
means
| 19784 |
thousand
dollars in fiscal
year
| 19785 |
six hundred fifty-two dollars in fiscal year 2003. | 19786 |
(b) For the provision of speech services to students and for | 19787 |
no other purpose, the department shall pay each joint vocational | 19788 |
school district an amount calculated under the following formula: | 19789 |
19790 |
19791 |
(E)(1) If a joint vocational school district's costs for a | 19792 |
fiscal year for a student in its
| 19793 |
two special education ADM are twenty-five thousand dollars or | 19794 |
more, the district may submit to the superintendent of public | 19795 |
instruction documentation, as prescribed by the superintendent, of | 19796 |
all of its costs for that student. Upon submission of | 19797 |
documentation for a student of the type and in the manner | 19798 |
prescribed, the department shall pay to the district an amount | 19799 |
equal to the sum of the following: | 19800 |
(a) One-half of the district's costs for the student in | 19801 |
excess of twenty-five thousand dollars; | 19802 |
(b) The product of one-half of the district's costs for the | 19803 |
student in excess of twenty-five thousand dollars multiplied by | 19804 |
the district's state share percentage. | 19805 |
(2) In fiscal year 2002, if a joint vocational school | 19806 |
district's costs for a student in its category three special | 19807 |
education ADM are twenty-five thousand dollars or more, the | 19808 |
district may submit to the superintendent of public instruction | 19809 |
documentation, as prescribed by the superintendent, of all its | 19810 |
costs for that student. Upon submission of documentation for a | 19811 |
student of the type and in the manner prescribed, the department | 19812 |
shall pay to the district an amount equal to the sum of the | 19813 |
following: | 19814 |
(a) One-half of the district's costs for the student in | 19815 |
excess of twenty-five thousand dollars; | 19816 |
(b) The product of one-half of the district's costs for the | 19817 |
student in excess of twenty-five thousand dollars multiplied by | 19818 |
the district's state share percentage. | 19819 |
(3) In fiscal years after fiscal year 2002, if a joint | 19820 |
vocational school district's costs for the fiscal year for a | 19821 |
student in its category three special education ADM are twenty | 19822 |
thousand dollars or more, the district may submit to the | 19823 |
superintendent of public instruction documentation, as prescribed | 19824 |
by the superintendent, of all its costs for that student. Upon | 19825 |
submission of documentation for a student of the type and in the | 19826 |
manner prescribed, the department shall pay to the district an | 19827 |
amount equal to the sum of the following: | 19828 |
(a) One-half of the district's costs for the student in | 19829 |
excess of twenty thousand dollars; | 19830 |
(b) The product of one-half of the district's costs for the | 19831 |
student in excess of twenty thousand dollars multiplied by the | 19832 |
district's state share percentage. | 19833 |
(4) The district shall only report under divisions (E)(1) to | 19834 |
(3) of this section, and the department shall only pay for, the | 19835 |
costs of educational expenses and the related services provided to | 19836 |
the student in accordance with the student's individualized | 19837 |
education program. Any legal fees, court costs, or other costs | 19838 |
associated with any cause of action relating to the student may | 19839 |
not be included in the amount. | 19840 |
(F) Each fiscal year, the department shall pay each joint | 19841 |
vocational school district an amount for adult technical and | 19842 |
vocational education and specialized consultants. | 19843 |
(G)(1) In any fiscal year, a joint vocational school | 19844 |
district receiving funds under division (D) of this section shall | 19845 |
spend on the related services specified in division (B)(3) of | 19846 |
section 3317.022 of the Revised Code at least the lesser of the | 19847 |
following: | 19848 |
(a) The amount the district spent on those related services | 19849 |
in the preceding fiscal year; | 19850 |
(b) 1/8 X {[cost-of-doing-business factor X the formula | 19851 |
amount X (the category one special education ADM + category two | 19852 |
special education ADM + category three special education ADM)] + | 19853 |
the amount calculated for the fiscal year under division (D)(1) of | 19854 |
this section + the local share of special education and related | 19855 |
services additional weighted costs}. | 19856 |
(2) A joint vocational school district's local share of | 19857 |
special education and related services additional weighted costs | 19858 |
equals: | 19859 |
19860 | |
19861 |
19862 |
(H) In any fiscal year, if the total of all payments made to | 19863 |
a joint vocational school district under divisions (B) to (D) of | 19864 |
this section and division (R) of section 3317.024 of the Revised | 19865 |
Code is less than the amount that district received in fiscal year | 19866 |
1999 under the version of this section in effect that year, plus | 19867 |
the amount that district received under the version of section | 19868 |
3317.162 of the Revised Code in effect that year and minus the | 19869 |
amounts received that year for driver education and adult | 19870 |
education, the department shall pay the district an additional | 19871 |
amount equal to the difference between those two amounts. | 19872 |
| 19873 |
19874 | |
19875 | |
19876 | |
19877 | |
19878 |
Sec. 3317.19. (A) As used in this section, "total unit | 19879 |
allowance" means an amount equal to the sum of the following: | 19880 |
(1) The total of the salary allowances for the teachers | 19881 |
employed in the cooperative education school district for all | 19882 |
units approved under division (B) or (C) of section 3317.05 of the | 19883 |
Revised Code. The salary allowance for each unit shall equal the | 19884 |
minimum salary for the teacher of the unit calculated on the basis | 19885 |
of the teacher's training level and years of experience pursuant | 19886 |
to the salary schedule prescribed in the version of section | 19887 |
3317.13 of the Revised Code in effect prior to the effective date | 19888 |
of this amendment. | 19889 |
(2) Fifteen per cent of the total computed under division | 19890 |
(A)(1) of this section; | 19891 |
(3) The total of the unit operating allowances for all | 19892 |
approved units. The amount of each allowance shall equal one of | 19893 |
the following: | 19894 |
(a) Eight thousand twenty-three dollars times the number of | 19895 |
preschool handicapped units or fraction thereof approved for the | 19896 |
year under division (B) of section 3317.05 of the Revised Code; | 19897 |
(b) Two thousand one hundred thirty-two dollars times the | 19898 |
number of units or fraction thereof approved for the year under | 19899 |
division (C) of section 3317.05 of the Revised Code. | 19900 |
(B) The state board of education shall compute and | 19901 |
distribute to each cooperative education school district for each | 19902 |
fiscal year an amount equal to the sum of the following: | 19903 |
(1) An amount equal to the total of the amounts credited to | 19904 |
the cooperative education school district pursuant to division (K) | 19905 |
of section 3317.023 of the Revised Code; | 19906 |
(2) The total unit allowance; | 19907 |
(3) An amount for assisting in providing free lunches to | 19908 |
needy children and an amount for assisting needy school districts | 19909 |
in purchasing necessary equipment for food preparation pursuant to | 19910 |
division (K) of section 3317.024 of the Revised Code. | 19911 |
(C) If a cooperative education school district has had | 19912 |
additional special education units approved for the year under | 19913 |
division (F)(2) of section 3317.03 of the Revised Code, the | 19914 |
district shall receive an additional amount during the last half | 19915 |
of the fiscal year. For each unit, the additional amount shall | 19916 |
equal fifty per cent of the amount computed under division (A) of | 19917 |
this section for a unit approved under division (B) of section | 19918 |
3317.05 of the Revised Code. | 19919 |
Sec. 3317.20. This section does not apply to handicapped | 19920 |
preschool children. | 19921 |
(A) As used in this section: | 19922 |
(1) "Applicable weight" means: | 19923 |
(a) For a handicapped child receiving special education | 19924 |
services for a handicap specified in division (A) of section | 19925 |
3317.013 of the Revised Code, the multiple specified in that | 19926 |
division; | 19927 |
(b) For a handicapped child receiving special education | 19928 |
services for a handicap specified in division (B) of section | 19929 |
3317.013 or division (F)(3) of section 3317.02 of the Revised | 19930 |
Code, the multiple specified in division (B) of section 3317.013 | 19931 |
of the Revised Code. | 19932 |
(2) "Child's school district" means the school district in | 19933 |
which a child is entitled to attend school pursuant to section | 19934 |
3313.64 or 3313.65 of the Revised Code. | 19935 |
(3) "State share percentage" means the state share percentage | 19936 |
of the child's school district as defined in section 3317.022 of | 19937 |
the Revised Code. | 19938 |
(B)
| 19939 |
19940 | |
19941 | |
19942 | |
19943 | |
19944 | |
19945 | |
19946 |
| 19947 |
the department shall annually pay each county MR/DD board an | 19948 |
amount calculated under the following formula for each handicapped | 19949 |
child, other than a handicapped preschool child, for whom the | 19950 |
county MR/DD board provides special education and related | 19951 |
services: | 19952 |
19953 |
19954 |
19955 |
19956 |
| 19957 |
board more handicapped children than it had placed with a county | 19958 |
MR/DD board in fiscal year 1998, the department shall not make a | 19959 |
payment under division
| 19960 |
children exceeding the number placed in fiscal year 1998. The | 19961 |
department instead shall deduct from the district's payments under | 19962 |
this chapter, and pay to the county MR/DD board, an amount | 19963 |
calculated in accordance with the formula prescribed in division | 19964 |
| 19965 |
placed in fiscal year 1998. | 19966 |
| 19967 |
board receiving payments under divisions
| 19968 |
section the following amounts: | 19969 |
(1) The amount received by the county MR/DD board for | 19970 |
approved special education and related services units, other than | 19971 |
preschool handicapped units, in fiscal year 1998, divided by the | 19972 |
total number of children served in the units that year; | 19973 |
(2) The product of the quotient calculated under division | 19974 |
| 19975 |
payments are made under
divisions
| 19976 |
section. | 19977 |
If the amount calculated under division
| 19978 |
section is greater than the total amount calculated under | 19979 |
divisions
| 19980 |
pay the county MR/DD board one hundred per cent of the difference | 19981 |
in addition to the payments under divisions
| 19982 |
this section. | 19983 |
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the | 19984 |
Revised Code: | 19985 |
(A) "Ohio school facilities commission" means the commission | 19986 |
created pursuant to section 3318.30 of the Revised Code. | 19987 |
(B) "Classroom facilities" means rooms in which pupils | 19988 |
regularly assemble in public school buildings to receive | 19989 |
instruction and education and such facilities and building | 19990 |
improvements for the operation and use of such rooms as may be | 19991 |
needed in order to provide a complete educational program, and may | 19992 |
include space within which a child day-care facility or a | 19993 |
community resource center is housed. "Classroom facilities" | 19994 |
includes any space necessary for the operation of a vocational | 19995 |
education program in any school district that operates such a | 19996 |
program. | 19997 |
(C) "Project" means a project to construct or acquire | 19998 |
classroom facilities, or to reconstruct or make additions to | 19999 |
existing classroom facilities, to be used for housing the | 20000 |
applicable school district and its functions. | 20001 |
(D) "School district" means a local, exempted village, or | 20002 |
city school district as such districts are defined in Chapter | 20003 |
3311. of the Revised Code, acting as an agency of state | 20004 |
government, performing essential governmental functions of state | 20005 |
government pursuant to sections 3318.01 and 3318.20 of the Revised | 20006 |
Code. | 20007 |
(E) "School district board" means the board of education of a | 20008 |
school district. | 20009 |
(F) "Net bonded indebtedness" means the difference between | 20010 |
the sum of the par value of all outstanding and unpaid bonds and | 20011 |
notes which a school district board is obligated to pay, any | 20012 |
amounts the school district is obligated to pay under | 20013 |
lease-purchase agreements entered into under section 3313.375 of | 20014 |
the Revised Code, and the par value of bonds authorized by the | 20015 |
electors but not yet issued, the proceeds of which can lawfully be | 20016 |
used for the project, and the amount held in the sinking fund and | 20017 |
other indebtedness retirement funds for their redemption. Notes | 20018 |
issued for school buses in accordance with section 3327.08 of the | 20019 |
Revised Code, notes issued in anticipation of the collection of | 20020 |
current revenues, and bonds issued to pay final judgments shall | 20021 |
not be considered in calculating the net bonded indebtedness. | 20022 |
"Net bonded indebtedness" does not include indebtedness | 20023 |
arising from the acquisition of land to provide a site for | 20024 |
classroom facilities constructed, acquired, or added to pursuant | 20025 |
to sections 3318.01 to 3318.20 of the Revised Code. | 20026 |
(G) "Board of elections" means the board of elections of the | 20027 |
county containing the most populous portion of the school | 20028 |
district. | 20029 |
(H) "County auditor" means the auditor of the county in which | 20030 |
the greatest value of taxable property of such school district is | 20031 |
located. | 20032 |
(I) "Tax duplicates" means the general tax lists and | 20033 |
duplicates prescribed by sections 319.28 and 319.29 of the Revised | 20034 |
Code. | 20035 |
(J) "Required level of indebtedness" means: | 20036 |
(1) In the case of districts in the first percentile, five | 20037 |
per cent of the district's valuation for the year preceding the | 20038 |
year in which the controlling board approved the project under | 20039 |
section 3318.04 of the Revised Code. | 20040 |
(2) In the case of districts ranked in a subsequent | 20041 |
percentile, five per cent of the district's valuation for the year | 20042 |
preceding the year in which the controlling board approved the | 20043 |
project under section 3318.04 of the Revised Code, plus [two | 20044 |
one-hundredths of one per cent multiplied by (the percentile in | 20045 |
which the district ranks minus one)]. | 20046 |
(K) "Required percentage of the basic project costs" means | 20047 |
one per cent of the basic project costs times the percentile in | 20048 |
which the district ranks. | 20049 |
(L) "Basic project cost" means a cost amount determined in | 20050 |
accordance with rules adopted under section 111.15 of the Revised | 20051 |
Code by the Ohio school facilities commission. The basic project | 20052 |
cost calculation shall take into consideration the square footage | 20053 |
and cost per square foot necessary for the grade levels to be | 20054 |
housed in the classroom facilities, the variation across the state | 20055 |
in construction and related costs, the cost of the installation of | 20056 |
site utilities and site preparation, the cost of insuring the | 20057 |
project until it is completed, any contingency reserve amount | 20058 |
prescribed by the commission under section 3318.086 of the Revised | 20059 |
Code, and the professional planning, administration, and design | 20060 |
fees that a district may have to pay to undertake a classroom | 20061 |
facilities project. | 20062 |
"Basic project cost" also includes the value of classroom | 20063 |
facilities authorized in a pre-existing bond issue as described in | 20064 |
section 3318.033 of the Revised Code. | 20065 |
(M) A "school district's portion of the basic project cost" | 20066 |
means the amount determined under section 3318.032 of the Revised | 20067 |
Code. | 20068 |
(N) "Child day-care facility" means space within a classroom | 20069 |
facility in which the needs of infants, toddlers, preschool | 20070 |
children, and school children are provided for by persons other | 20071 |
than the parent or guardian of such children for any part of the | 20072 |
day, including persons not employed by the school district | 20073 |
operating such classroom facility. | 20074 |
(O) "Community resource center" means space within a | 20075 |
classroom facility in which comprehensive services that support | 20076 |
the needs of families and children are provided by community-based | 20077 |
social service providers. | 20078 |
(P) "Valuation" means the total value of all property in the | 20079 |
district as listed and assessed for taxation on the tax | 20080 |
duplicates. | 20081 |
(Q) "Percentile" means the percentile in which the district | 20082 |
is ranked pursuant to division (D) of section 3318.011 of the | 20083 |
Revised Code. | 20084 |
(R) "Installation of site utilities" means the installation | 20085 |
of a site domestic water system, site fire protection system, site | 20086 |
gas distribution system, site sanitary system, site storm drainage | 20087 |
system, and site telephone and data system. | 20088 |
(S) "Site preparation" means the earthwork necessary for | 20089 |
preparation of the building foundation system, the paved | 20090 |
pedestrian and vehicular circulation system, playgrounds on the | 20091 |
project site, and lawn and planting on the project site. | 20092 |
Sec. 3318.04. (A) If the Ohio school facilities commission | 20093 |
makes a determination under section 3318.03 of the Revised Code in | 20094 |
favor of constructing, acquiring, reconstructing, or making | 20095 |
additions to a classroom facility, the project shall be | 20096 |
conditionally approved. Such conditional approval shall be | 20097 |
submitted to the controlling board for approval thereof. The | 20098 |
controlling board shall forthwith approve or reject the | 20099 |
commission's determination, conditional approval, the amount of | 20100 |
the state's portion of the basic project cost, and, if the state's | 20101 |
portion exceeds twenty-five million dollars, the amount of the | 20102 |
state's portion to be encumbered in the current fiscal biennium. | 20103 |
In the event of approval thereof by the controlling board, the | 20104 |
commission shall certify such conditional approval to the school | 20105 |
district board and shall encumber from the total funds | 20106 |
appropriated for the purpose of sections 3318.01 to 3318.20 of the | 20107 |
Revised Code the amount of the state's portion of the basic | 20108 |
project cost or, if the state's portion exceeds twenty-five | 20109 |
million dollars, the amount approved under this section to be | 20110 |
encumbered in the current fiscal biennium. | 20111 |
The basic project cost for a project approved under this | 20112 |
section shall not exceed the cost that would otherwise have to be | 20113 |
incurred if the classroom facilities to be constructed, acquired, | 20114 |
or reconstructed, or the additions to be made to classroom | 20115 |
facilities, under such project meet, but do not exceed, the | 20116 |
specifications for plans and materials for classroom facilities | 20117 |
adopted by the commission. | 20118 |
(B)(1) No school district shall have a project conditionally | 20119 |
approved pursuant to this section if the school district has | 20120 |
already received any assistance for a project funded under any | 20121 |
version of sections 3318.01 to 3318.20 of the Revised Code, and | 20122 |
the prior project was one for which the electors of such district | 20123 |
approved a levy within the last twenty years pursuant to any | 20124 |
version of section 3318.06 of the Revised Code for purposes of | 20125 |
qualifying for the funding of that project, unless the district | 20126 |
demonstrates to the satisfaction of the commission that the | 20127 |
district has experienced since approval of its prior project an | 20128 |
exceptional increase in enrollment significantly above the | 20129 |
district's design capacity under that prior project as determined | 20130 |
by rule of the commission. | 20131 |
(2) Notwithstanding division (B)(1) of this section, any | 20132 |
school district that received assistance under sections 3318.01 to | 20133 |
3318.20 of the Revised Code, as those sections existed prior to | 20134 |
May 20, 1997, may receive additional assistance under those | 20135 |
sections, as they exist on and after May 20, 1997, prior to the | 20136 |
expiration of the period of time required under division (B)(1) of | 20137 |
this section, if the percentile in which the school district is | 20138 |
located, as determined under section 3318.011 of the Revised Code, | 20139 |
is eligible for assistance as prescribed in section 3318.02 of the | 20140 |
Revised Code. | 20141 |
The commission may provide assistance under sections 3318.01 | 20142 |
to 3318.20 of the Revised Code pursuant to this division to no | 20143 |
more than five school districts per fiscal year until all eligible | 20144 |
school districts have received the additional assistance | 20145 |
authorized under this division. The commission shall establish | 20146 |
application procedures, deadlines, and priorities for funding | 20147 |
projects under this division. | 20148 |
The commission at its discretion may waive current design | 20149 |
specifications it has adopted for projects under sections 3318.01 | 20150 |
to 3318.20 of the Revised Code when assessing an application for | 20151 |
additional assistance under this division for the renovation of | 20152 |
classroom facilities constructed or renovated under a school | 20153 |
district's previous project. If the commission finds that a | 20154 |
school district's existing classroom facilities are adequate to | 20155 |
meet all of the school district's needs, the commission may | 20156 |
determine that no additional state assistance be awarded to a | 20157 |
school district under this division. | 20158 |
In order for a school district to be eligible to receive any | 20159 |
additional assistance under this division, the school district | 20160 |
electors shall extend the school district's existing levy | 20161 |
dedicated for maintenance of classroom facilities under Chapter | 20162 |
3318. of the Revised Code, pursuant to section 3318.061 of the | 20163 |
Revised Code or shall provide equivalent alternative maintenance | 20164 |
funds as specified in division (B) of section 3318.06 of the | 20165 |
Revised Code. | 20166 |
(3) Notwithstanding division (B)(1) of this section, any | 20167 |
school district that has received assistance under sections | 20168 |
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may | 20169 |
receive additional assistance if the commission decides in favor | 20170 |
of providing such assistance pursuant to section 3318.042 of the | 20171 |
Revised Code. | 20172 |
Sec. 3318.042. (A) The board of education of any school | 20173 |
district that is receiving assistance under sections 3318.01 to | 20174 |
3318.20 of the Revised Code after May 20, 1997, and whose project | 20175 |
is still under construction, may request that the Ohio school | 20176 |
facilities commission examine whether the circumstances prescribed | 20177 |
in either division (B)(1) or (2) of this section exist in the | 20178 |
school district. If the commission so finds, the commission shall | 20179 |
review the school district's original assessment and approved | 20180 |
project under sections 3318.01 to 3318.20 of the Revised Code, and | 20181 |
consider providing additional assistance to the school district to | 20182 |
correct the prescribed conditions found to exist in the district. | 20183 |
Additional assistance under this section shall be limited to | 20184 |
additions to one or more buildings, remodeling of one or more | 20185 |
buildings, or changes to the infrastructure of one or more | 20186 |
buildings. | 20187 |
(B) Consideration of additional assistance to a school | 20188 |
district under this section is warranted in either of the | 20189 |
following circumstances: | 20190 |
(1) Additional work is needed to correct an oversight or | 20191 |
deficiency not identified or included in the district's initial | 20192 |
assessment. | 20193 |
(2) Other conditions exist that, in the opinion of the | 20194 |
comission, warrant additions or remodeling of the project | 20195 |
facilities or changes to infrastructure associated with the | 20196 |
district's project that were not identified in the initial | 20197 |
assessment and plan. | 20198 |
(C) If the commission decides in favor of providing | 20199 |
additional assistance to any school district under this section, | 20200 |
the school district shall be responsible for paying for its | 20201 |
portion of the cost the additions, remodeling, or infrastucture | 20202 |
changes pursuant to section 3318.083 of the Revised Code. If | 20203 |
after making a financial evaluation of the school district, the | 20204 |
commission determines that the school district is unable without | 20205 |
undue hardship, according to the guidelines adopted by the | 20206 |
commission, to fund the school district portion of the increase, | 20207 |
then the state and the school district shall enter into an | 20208 |
agreement whereby the state shall pay the portion of the cost | 20209 |
increase attributable to the school district which is determined | 20210 |
to be in excess of any local resources available to the district | 20211 |
and the district shall thereafter reimburse the state. The | 20212 |
commission shall establish the district's schedule for reimbursing | 20213 |
the state, which shall not extend beyond five years. Debt | 20214 |
incurred under this section shall not be included in the | 20215 |
calculation of the net indebtedness of the school district under | 20216 |
section 133.06 of the Revised Code. | 20217 |
Sec. 3318.08. If the requisite favorable vote on the | 20218 |
election is obtained, or if the school district board has resolved | 20219 |
to apply the proceeds of a property tax levy or the proceeds of an | 20220 |
income tax, or a combination of proceeds from such taxes, as | 20221 |
authorized in section 3318.052 of the Revised Code, the Ohio | 20222 |
school facilities commission, upon certification to it of either | 20223 |
the results of the election or the resolution under section | 20224 |
3318.052 of the Revised Code, shall enter into a written agreement | 20225 |
with the school district board for the construction and sale of | 20226 |
the project, which agreement shall include, but need not be | 20227 |
limited to, the following provisions: | 20228 |
(A) The sale and issuance of bonds or notes in anticipation | 20229 |
thereof, as soon as practicable after the execution of the | 20230 |
agreement, in an amount equal to the school district's portion of | 20231 |
the basic project cost, including any bonds previously authorized | 20232 |
by the district's electors as described in section 3318.033 of the | 20233 |
Revised Code; provided, that if at that time the county treasurer | 20234 |
of each county in which the school district is located has not | 20235 |
commenced the collection of taxes on the general duplicate of real | 20236 |
and public utility property for the year in which the controlling | 20237 |
board approved the project, the school district board shall | 20238 |
authorize the issuance of a first installment of bond anticipation | 20239 |
notes in an amount specified by the agreement, which amount shall | 20240 |
not exceed an amount necessary to raise the net bonded | 20241 |
indebtedness of the school district as of the date of the | 20242 |
controlling board's approval to within five thousand dollars of | 20243 |
the required level of indebtedness for the preceding year. In the | 20244 |
event that a first installment of bond anticipation notes is | 20245 |
issued, the school district board shall, as soon as practicable | 20246 |
after the county treasurer of each county in which the school | 20247 |
district is located has commenced the collection of taxes on the | 20248 |
general duplicate of real and public utility property for the year | 20249 |
in which the controlling board approved the project, authorize the | 20250 |
issuance of a second and final installment of bond anticipation | 20251 |
notes or a first and final issue of bonds. | 20252 |
The combined value of the first and second installment of | 20253 |
bond anticipation notes or the value of the first and final issue | 20254 |
of bonds shall be equal to the school district's portion of the | 20255 |
basic project cost. The proceeds of any such bonds shall be used | 20256 |
first to retire any bond anticipation notes. Otherwise, the | 20257 |
proceeds of such bonds and of any bond anticipation notes, except | 20258 |
the premium and accrued interest thereon, shall be deposited in | 20259 |
the school district's project construction fund. In determining | 20260 |
the amount of net bonded indebtedness for the purpose of fixing | 20261 |
the amount of an issue of either bonds or bond anticipation notes, | 20262 |
gross indebtedness shall be reduced by moneys in the bond | 20263 |
retirement fund only to the extent of the moneys therein on the | 20264 |
first day of the year preceding the year in which the controlling | 20265 |
board approved the project. Should there be a decrease in the tax | 20266 |
valuation of the school district so that the amount of | 20267 |
indebtedness that can be incurred on the tax duplicates for the | 20268 |
year in which the controlling board approved the project is less | 20269 |
than the amount of the first installment of bond anticipation | 20270 |
notes, there shall be paid from the school district's project | 20271 |
construction fund to the school district's bond retirement fund to | 20272 |
be applied against such notes an amount sufficient to cause the | 20273 |
net bonded indebtedness of the school district, as of the first | 20274 |
day of the year following the year in which the controlling board | 20275 |
approved the project, to be within five thousand dollars of the | 20276 |
required level of indebtedness for the year in which the | 20277 |
controlling board approved the project. The maximum amount of | 20278 |
indebtedness to be incurred by any school district board as its | 20279 |
share of the cost of the project is either an amount that will | 20280 |
cause its net bonded indebtedness, as of the first day of the year | 20281 |
following the year in which the controlling board approved the | 20282 |
project, to be within five thousand dollars of the required level | 20283 |
of indebtedness, or an amount equal to the required percentage of | 20284 |
the basic project costs, whichever is greater. All bonds and bond | 20285 |
anticipation notes shall be issued in accordance with Chapter 133. | 20286 |
of the Revised Code, and notes may be renewed as provided in | 20287 |
section 133.22 of the Revised Code. | 20288 |
(B)(1) The transfer of such funds of the school district | 20289 |
board available for the project, together with the proceeds of the | 20290 |
sale of the bonds or notes, except premium, accrued interest, and | 20291 |
interest included in the amount of the issue, to the school | 20292 |
district's project construction fund; | 20293 |
(2) If section 3318.052 of the Revised Code applies, the | 20294 |
earmarking of the proceeds of a tax levied under section 5705.21 | 20295 |
of the Revised Code for general ongoing permanent improvements or | 20296 |
the proceeds of a school district income tax levied under Chapter | 20297 |
5748. of the Revised Code, or the proceeds from a combination of | 20298 |
those two taxes, in an amount to pay all or part of the service | 20299 |
charges on bonds issued to pay the school district portion of the | 20300 |
project and an amount equivalent to all or part of the tax | 20301 |
required under division (B) of section 3318.05 of the Revised | 20302 |
Code. | 20303 |
(C) If section 3318.052 of the Revised Code does not apply, | 20304 |
either of the following: | 20305 |
(1) The levy of the tax authorized at the election for the | 20306 |
payment of maintenance costs, as specified in division (B) of | 20307 |
section 3318.05 of the Revised Code; | 20308 |
(2) If the school district electors have approved a | 20309 |
continuing tax of at least two mills for each dollar of valuation | 20310 |
for general ongoing permanent improvements under section 5705.21 | 20311 |
of the Revised Code and that tax can be used for maintenance, the | 20312 |
earmarking of an amount of the proceeds from such tax for | 20313 |
maintenance of classroom facilities as specified in division (B) | 20314 |
of section 3318.05 of the Revised Code. | 20315 |
(D) Ownership of or interest in the project during the | 20316 |
period of construction, which shall be divided between the | 20317 |
commission and the school district board in proportion to their | 20318 |
respective contributions to the school district's project | 20319 |
construction fund; | 20320 |
(E) Maintenance of the state's interest in the project until | 20321 |
any obligations issued for the project under section 3318.26 of | 20322 |
the Revised Code are no longer outstanding; | 20323 |
(F) The insurance of the project by the school district from | 20324 |
the time there is an insurable interest therein and so long as the | 20325 |
state retains any ownership or interest in the project pursuant to | 20326 |
division (D) of this section, in such amounts and against such | 20327 |
risks as the commission shall require; provided, that the cost of | 20328 |
any required insurance until the project is completed shall be a | 20329 |
part of the basic project cost; | 20330 |
(G) The certification by the director of budget and | 20331 |
management that funds are available and have been set aside to | 20332 |
meet the state's share of the basic project cost as approved by | 20333 |
the controlling board pursuant to section 3318.04 of the Revised | 20334 |
Code; | 20335 |
(H) Authorization of the school district board to advertise | 20336 |
for and receive construction bids for the project, for and on | 20337 |
behalf of the commission, and to award contracts in the name of | 20338 |
the state subject to approval by the commission; | 20339 |
(I) Provisions for the disbursement of moneys from the | 20340 |
school district's project account upon issuance by the commission | 20341 |
or the commission's designated representative of vouchers for work | 20342 |
done to be certified to the commission by the treasurer of the | 20343 |
school district board; | 20344 |
(J) Disposal of any balance left in the school district's | 20345 |
project construction fund upon completion of the project; | 20346 |
(K) Limitations upon use of the project or any part of it so | 20347 |
long as any obligations issued to finance the project under | 20348 |
section 3318.26 of the Revised Code are outstanding; | 20349 |
(L) Provision for vesting the state's interest in the | 20350 |
project to the school district board when the obligations issued | 20351 |
to finance the project under section 3318.26 of the Revised Code | 20352 |
are outstanding; | 20353 |
(M) Provision for deposit of an executed copy of the | 20354 |
agreement in the office of the commission; | 20355 |
(N) Provision for termination of the contract and release of | 20356 |
the funds encumbered at the time of the conditional approval, if | 20357 |
the proceeds of the sale of the bonds of the school district board | 20358 |
are not paid into the school district's project construction fund | 20359 |
and if bids for the construction of the project have not been | 20360 |
taken within such period after the execution of the agreement as | 20361 |
may be fixed by the commission; | 20362 |
(O) Provision for the school district to maintain the | 20363 |
project in accordance with a plan approved by the commission; | 20364 |
(P) Provision that all state funds reserved and encumbered | 20365 |
to pay the state share of the cost of the project pursuant to | 20366 |
section 3318.03 of the Revised Code be spent on the construction | 20367 |
or acquisition of the project prior to the expenditure of any | 20368 |
funds provided by the school district to pay for its share of the | 20369 |
project cost, unless the school district certifies to the | 20370 |
commission that expenditure by the school district is necessary to | 20371 |
maintain the tax-exempt status of notes or bonds issued by the | 20372 |
school district to pay for its share of the project cost in which | 20373 |
case, the school district may commit to spend, or spend, a portion | 20374 |
of the funds it provides; | 20375 |
(Q) A provision stipulating that the commission may prohibit | 20376 |
the district from proceeding with any project if the commission | 20377 |
determines that the site is not suitable for construction | 20378 |
purposes. The commission may perform soil tests in its | 20379 |
determination of whether a site is appropriate for construction | 20380 |
purposes. | 20381 |
(R) A provision stipulating that, unless otherwise | 20382 |
authorized by the commission, any contingency reserve portion of | 20383 |
the construction budget prescribed by the commission shall be used | 20384 |
only to pay costs resulting from unforeseen job conditions, to | 20385 |
comply with rulings regarding building and other codes, to pay | 20386 |
costs related to design clarifications or corrections to contract | 20387 |
documents, and to pay the costs of settlements or judgments | 20388 |
related to the project as provided under section 3318.086 of the | 20389 |
Revised Code. | 20390 |
Sec. 3318.084. (A) Notwithstanding anything to the contrary | 20391 |
in Chapter 3318. of the Revised Code, a school district board may | 20392 |
apply any
local donated contribution toward
| 20393 |
the following: | 20394 |
(1) The district's portion of the basic project cost of a | 20395 |
project under sections 3318.01 to
3318.20 of the Revised Code
| 20396 |
20397 | |
bonds the district otherwise must issue in order to receive state | 20398 |
assistance under those sections; | 20399 |
(2) An offset of all or part of a district's obligation to | 20400 |
levy the tax described in division (B) of section 3318.05 of the | 20401 |
Revised Code, which shall be applied only in the manner prescribed | 20402 |
in division (B) of this section. | 20403 |
(B) No school district board shall apply any local donated | 20404 |
contribution under division (A)(2) of this section unless the Ohio | 20405 |
school facilities commission first approves that application. | 20406 |
Upon the request of the school district board to apply | 20407 |
local donated contribution under division (A)(2) of this section, | 20408 |
the commission in consultation with the department of taxation | 20409 |
shall determine the amount of total revenue that likely would be | 20410 |
generated by one-half mill of the tax described in division (B) of | 20411 |
section 3318.05 of the Revised Code over the entire | 20412 |
twenty-three-year period required under that section and shall | 20413 |
deduct from that amount any amount of local donated contribution | 20414 |
that the board has committed to apply under division (A)(2) of | 20415 |
this section. The commission then shall determine in consultation | 20416 |
with the department of taxation the rate of tax over twenty-three | 20417 |
years necessary to generate the amount of a one-half mill tax not | 20418 |
offset by the local donated contribution. Notwithstanding | 20419 |
anything to the contrary in section 3318.06, 3318.061, or 3318.361 | 20420 |
of the Revised Code, the rate determined by the commission shall | 20421 |
be the rate for which the district board shall seek elector | 20422 |
approval under those sections to meet its obligation under | 20423 |
division (B) of section 3318.05 of the Revised Code. In the case | 20424 |
of a complete offset of the district's obligation under division | 20425 |
(B) of section 3318.05 of the Revised Code, the district shall not | 20426 |
be required to levy the tax otherwise required under that section. | 20427 |
At the end of the twenty-three-year period of the tax required | 20428 |
under division (B) of section 3318.05 of the Revised Code, whether | 20429 |
or not the tax is actually levied, the commission in consultation | 20430 |
of the department of taxation shall recalculate the amount that | 20431 |
would have been generated by the tax if it had been levied at | 20432 |
one-half mill. If the total amount actually generated over that | 20433 |
period from both the tax that was actually levied and any local | 20434 |
donated contribution applied under division (A)(2) of this section | 20435 |
is less than the amount that would have been raised by a one-half | 20436 |
mill tax, the district shall pay any difference. If the total | 20437 |
amount actually raised in such manner is greater than the amount | 20438 |
that would have been raised by a one-half mill tax the difference | 20439 |
shall be zero and no payments shall be made by either the district | 20440 |
or the commission. | 20441 |
(C) As used in this section, "local donated contribution" | 20442 |
means either of the following: | 20443 |
| 20444 |
district board by a source other than the state which the board | 20445 |
has the authority to apply to the school district's project under | 20446 |
sections 3318.01 to 3318.20 of the Revised Code and which the | 20447 |
board has pledged for that purpose by resolution adopted by a | 20448 |
majority of its members; | 20449 |
| 20450 |
a school district or any cash a school district has on hand, | 20451 |
including any year-end operating fund balances, that can be spent | 20452 |
for classroom facilities, either of which the school district | 20453 |
board has encumbered for payment of the school district's share of | 20454 |
its project under sections 3318.01 to 3318.20 of the Revised Code | 20455 |
and either of which has been approved by the
| 20456 |
20457 | |
education. | 20458 |
(D) No state moneys shall be released for a project to which | 20459 |
this
section applies until any
local donated
| 20460 |
authorized under this section is first deposited into the school | 20461 |
district's project construction fund, if applied under division | 20462 |
(A)(1) of this section, or into the district's capital and | 20463 |
maintenance fund if applied under division (A)(2) of this section. | 20464 |
Sec. 3318.086. The construction budget for any project under | 20465 |
sections 3318.01 to 3318.20 of the Revised Code shall contain a | 20466 |
contingency reserve in an amount prescribed by the Ohio school | 20467 |
facilities commission, which unless otherwise authorized by the | 20468 |
commission, shall be used only to pay costs resulting from | 20469 |
unforeseen job conditions, to comply with rulings regarding | 20470 |
building and other codes, to pay costs related to design | 20471 |
clarifications or corrections to contract documents, and to pay | 20472 |
the costs of settlements or judgments related to the project. | 20473 |
Sec. 3318.10. When such working drawings, specifications, | 20474 |
and estimates of cost have been approved by the school district | 20475 |
board and the Ohio school facilities commission, the treasurer of | 20476 |
the school district board shall advertise for construction bids | 20477 |
| 20478 |
20479 | |
20480 | |
the Revised Code. Such notices shall state that plans and | 20481 |
specifications for the project are on file in the office of the | 20482 |
commission and such other place as may be designated in such | 20483 |
notice, and the time and place when and where bids therefor will | 20484 |
be received. | 20485 |
The form of proposal to be submitted by bidders shall be | 20486 |
supplied by the commission. Bidders may be permitted to bid upon | 20487 |
all the branches of work and materials to be furnished and | 20488 |
supplied, upon any branch thereof, or upon all or any thereof. | 20489 |
| 20490 |
20491 |
When the construction bids for all branches of work and | 20492 |
materials have been tabulated, the commission shall cause to be | 20493 |
prepared a revised estimate of the basic project cost based upon | 20494 |
the lowest responsible bids received. If such revised estimate | 20495 |
exceeds the estimated basic project cost as approved by the | 20496 |
controlling board pursuant to section 3318.04 of the Revised Code, | 20497 |
no contracts may be entered into pursuant to this section unless | 20498 |
such revised estimate is approved by the commission and by the | 20499 |
controlling board referred to in section 3318.04 of the Revised | 20500 |
Code. When such revised estimate has been prepared, and after | 20501 |
such approvals are given, if necessary, and if the school district | 20502 |
board has caused to be transferred to the project construction | 20503 |
fund the proceeds from the sale of the first or first and final | 20504 |
installment of its bonds or bond anticipation notes pursuant to | 20505 |
the provision of written agreement required by division (B) of | 20506 |
section 3318.08 of the Revised Code, and when the director of | 20507 |
budget and management has certified that there is a balance in the | 20508 |
appropriation, not otherwise obligated to pay precedent | 20509 |
obligations, pursuant to which the state's share of such revised | 20510 |
estimate is required to be paid, the contract for all branches of | 20511 |
work and materials to be furnished and supplied, or for any branch | 20512 |
thereof as determined by the school district board, shall be | 20513 |
awarded by the school district board to the lowest responsible | 20514 |
bidder subject to the approval of the commission. Such award | 20515 |
shall be made within sixty days after the date on which the bids | 20516 |
are opened, and the successful bidder shall enter into a contract | 20517 |
within ten days after the successful bidder is notified of the | 20518 |
award of the contract. | 20519 |
Subject to the approval of the commission, the school | 20520 |
district board may reject all bids and readvertise. Any contract | 20521 |
made under this section shall be made in the name of the state and | 20522 |
executed on its behalf by the president and treasurer of the | 20523 |
school district board. | 20524 |
The provisions of sections
| 20525 |
of the Revised Code, which are applicable to construction | 20526 |
contracts of boards of
education
| 20527 |
20528 | |
construction contracts for the
project
| 20529 |
20530 | |
20531 |
The remedies afforded to any subcontractor, materials | 20532 |
supplier, laborer, mechanic, or persons furnishing material or | 20533 |
machinery for the project under sections 1311.26 to 1311.32 of the | 20534 |
Revised Code, shall apply to contracts entered into under this | 20535 |
section and the itemized statement required by section 1311.26 of | 20536 |
the Revised Code shall be filed with the school district board. | 20537 |
Sec. 3318.31. (A) The Ohio school facilities commission may | 20538 |
perform any act and ensure the performance of any function | 20539 |
necessary or appropriate to carry out the purposes of, and | 20540 |
exercise the powers granted under, Chapter 3318. of the Revised | 20541 |
Code, including any of the following: | 20542 |
(1)
| 20543 |
20544 | |
20545 |
| 20546 |
the Revised Code, rules for the administration of programs | 20547 |
authorized under Chapter 3318. of the Revised Code. | 20548 |
| 20549 |
and fix the compensation of, such agents, accountants, | 20550 |
consultants, advisers, and other independent contractors as may be | 20551 |
necessary or desirable to carry out the programs authorized under | 20552 |
Chapter 3318. of the Revised Code. | 20553 |
| 20554 |
pledges, and receipts therefrom, to be used for the programs | 20555 |
authorized under Chapter 3318. of the Revised Code. | 20556 |
| 20557 |
agreements, and execute all instruments, necessary or incidental | 20558 |
to the performance of its duties and the execution of its rights | 20559 |
and powers under Chapter 3318. of the Revised Code. | 20560 |
(B) The commission shall appoint and fix the compensation of | 20561 |
an executive director who shall serve at the pleasure of the | 20562 |
commission. The executive director shall supervise the operations | 20563 |
of the commission. The executive director also shall employ and | 20564 |
fix the compensation of such employees as will facilitate the | 20565 |
activities and purposes of the commission, who shall serve at the | 20566 |
pleasure of the executive director. | 20567 |
(C) The attorney general shall serve as the legal | 20568 |
representative for the commission and may appoint other counsel as | 20569 |
necessary for that purpose in accordance with section 109.07 of | 20570 |
the Revised Code. | 20571 |
Sec. 3318.36. (A) As used in this section: | 20572 |
(1) "Ohio school facilities commission," "classroom | 20573 |
facilities," "school district," "school district board," "net | 20574 |
bonded indebtedness," "required percentage of the basic project | 20575 |
costs," "basic project cost," "valuation," and "percentile" have | 20576 |
the same meanings as in section 3318.01 of the Revised Code. | 20577 |
(2) "Required level of indebtedness" means five per cent of | 20578 |
the school district's valuation for the year preceding the year in | 20579 |
which the commission and school district enter into an agreement | 20580 |
under division (B) of this section, plus [two one-hundredths of | 20581 |
one per cent multiplied by (the percentile in which the district | 20582 |
ranks in the fiscal year the commission and the school district | 20583 |
enter into such agreement minus one)]. | 20584 |
(3) "Local resources" means any moneys generated in any | 20585 |
manner permitted for a school district board to raise the school | 20586 |
district portion of a project undertaken with assistance under | 20587 |
sections 3318.01 to 3318.20 of the Revised Code. | 20588 |
(B)(1) There is hereby established the school building | 20589 |
assistance expedited local partnership program. Under the | 20590 |
program, the Ohio school facilities commission may enter into an | 20591 |
agreement with the school district board of any school district | 20592 |
under which the school district board may proceed with the new | 20593 |
construction or major repairs of a part of the school district's | 20594 |
classroom facilities needs, as determined under sections 3318.01 | 20595 |
to 3318.20 of the Revised Code, through the expenditure of local | 20596 |
resources prior to the school district's eligibility for state | 20597 |
assistance under sections 3318.01 to 3318.20 of the Revised Code | 20598 |
and may apply that expenditure toward meeting the school | 20599 |
district's portion of the basic project cost of the total of the | 20600 |
school district's classroom facilities needs, as determined under | 20601 |
sections 3318.01 to 3318.20 of the Revised Code and as | 20602 |
recalculated under division (E) of this section, that are eligible | 20603 |
for state assistance under sections 3318.01 to 3318.20 of the | 20604 |
Revised Code when the school district becomes eligible for such | 20605 |
state assistance. Any school district that is reasonably expected | 20606 |
to receive assistance under sections 3318.01 to 3318.20 of the | 20607 |
Revised Code within two fiscal years from the date the school | 20608 |
district adopts its resolution under division (B) of this section | 20609 |
shall not be eligible to participate in the program. | 20610 |
(2) To participate in the program, a school district board | 20611 |
shall first adopt a resolution certifying to the commission the | 20612 |
board's intent to participate in the program. | 20613 |
The resolution shall specify the approximate date that the | 20614 |
board intends to seek elector approval of any bond or tax measures | 20615 |
or to apply other local resources to use to pay the cost of | 20616 |
classroom facilities to be constructed under this section.
| 20617 |
20618 | |
20619 | |
resolution may specify the application of local resources or | 20620 |
elector-approved bond or tax measures after the resolution is | 20621 |
adopted by the board, and in such case the board may proceed with | 20622 |
a discrete portion of its project under this section as soon as | 20623 |
the commission and the controlling board have approved the basic | 20624 |
project cost of the district's classroom facilities needs as | 20625 |
specified in division (D) of this section. The board shall submit | 20626 |
its resolution to the commission not later than ten days after the | 20627 |
date the resolution is adopted by the board. | 20628 |
The commission shall not consider any resolution that is | 20629 |
submitted pursuant to division (B)(2) of this section, as amended | 20630 |
by this
amendment, sooner than
| 20631 |
20632 |
(3) Any project under this section shall comply with section | 20633 |
3318.03 of the Revised Code and with any specifications for plans | 20634 |
and materials for classroom facilities adopted by the commission | 20635 |
under section 3318.04 of the Revised Code. | 20636 |
(4) If a school district that enters into an agreement under | 20637 |
this section has not begun a project applying local resources as | 20638 |
provided for under that agreement at the time the district is | 20639 |
notified by the commission that it is eligible to receive state | 20640 |
assistance under sections 3318.01 to 3318.20 of the Revised Code, | 20641 |
all assessment and agreement documents entered into under this | 20642 |
section are void. | 20643 |
(5) Only construction of or repairs to classroom facilities | 20644 |
that have been approved by the commission and have been therefore | 20645 |
included as part of a district's basic project cost qualify for | 20646 |
application of local resources under this section. | 20647 |
(C) Based on the results of the on-site visits and | 20648 |
assessment conducted under division (B)(2) of this section, the | 20649 |
commission shall determine the basic project cost of the school | 20650 |
district's classroom facilities needs. The commission shall | 20651 |
determine the school district's portion of such basic project | 20652 |
cost, which shall be the greater of: | 20653 |
(1) The required percentage of the basic project costs, | 20654 |
determined based on the school district's percentile ranking in | 20655 |
the fiscal year the commission and the school district enter into | 20656 |
the agreement under division (B) of this section; | 20657 |
(2) An amount necessary to raise the school district's net | 20658 |
bonded indebtedness, as of the fiscal year the commission and the | 20659 |
school district enter into the agreement under division (B) of | 20660 |
this section, to within five thousand dollars of the required | 20661 |
level of indebtedness. | 20662 |
(D)(1) When the commission determines the basic project cost | 20663 |
of the classroom facilities needs of a school district and the | 20664 |
school district's portion of that basic project cost under | 20665 |
division (C) of this section, the project shall be conditionally | 20666 |
approved. Such conditional approval shall be submitted to the | 20667 |
controlling board for approval thereof. The controlling board | 20668 |
shall forthwith approve or reject the commission's determination, | 20669 |
conditional approval, and the amount of the state's portion of the | 20670 |
basic project cost; however, no state funds shall be encumbered | 20671 |
under this section. Upon approval by the controlling board, the | 20672 |
school district board may identify a discrete part of its | 20673 |
classroom facilities needs, which shall include only new | 20674 |
construction of or additions or major repairs to a particular | 20675 |
building, to address with local resources. Upon identifying a | 20676 |
part of the school district's basic project cost to address with | 20677 |
local resources, the school district board may allocate any | 20678 |
available school district moneys to pay the cost of that | 20679 |
identified part, including the proceeds of an issuance of bonds if | 20680 |
approved by the electors of the school district. | 20681 |
All local resources utilized under this division shall first | 20682 |
be deposited in the project construction account required under | 20683 |
section 3318.08 of the Revised Code. | 20684 |
(2) Unless the school district board exercises its option | 20685 |
under division (D)(3) of this section, for a school district to | 20686 |
qualify for participation in the program authorized under this | 20687 |
section, either: | 20688 |
(a) The electors of the school district by a majority vote | 20689 |
shall approve the levy of taxes outside the ten-mill limitation | 20690 |
for a period of twenty-three years at the rate of not less than | 20691 |
one-half mill for each dollar of valuation to be used to pay the | 20692 |
cost of maintaining the classroom facilities included in the basic | 20693 |
project cost as determined by the commission. The form of the | 20694 |
ballot to be used to submit the question whether to approve the | 20695 |
tax required under this division to the electors of the school | 20696 |
district shall be the form for an additional levy of taxes | 20697 |
prescribed in section 3318.361 of the Revised Code. | 20698 |
(b) As authorized under division (C) of section 3318.05 of | 20699 |
the Revised Code, the school district board shall earmark from the | 20700 |
proceeds of a permanent improvement tax levied under section | 20701 |
5705.21 of the Revised Code, an amount equivalent to the | 20702 |
additional tax otherwise required under division (D)(2)(a) of this | 20703 |
section for the maintenance of the classroom facilities included | 20704 |
in the basic project cost as determined by the commission. | 20705 |
(3) A school district board may opt to delay levying the | 20706 |
additional tax required under division (D)(2)(a) of this section | 20707 |
or earmarking of the proceeds of a permanent improvement tax | 20708 |
alternatively required under division (D)(2)(b) of this section | 20709 |
until such time as the school district becomes eligible for state | 20710 |
assistance under sections 3318.01 to 3318.20 of the Revised Code. | 20711 |
In order to exercise its option under this division, the board | 20712 |
shall certify to the commission a resolution indicating the | 20713 |
board's intent to do so prior to entering into an agreement under | 20714 |
division (B) of this section. | 20715 |
(4) If pursuant to division (D)(3) of this section a | 20716 |
district board opts to delay levying an additional tax until the | 20717 |
district becomes eligible for state assistance, it shall submit | 20718 |
the question of levying that tax to the district electors as | 20719 |
follows: | 20720 |
(a) In accordance with section 3318.06 of the Revised Code | 20721 |
if it will also be necessary pursuant to division (E) of this | 20722 |
section to submit a proposal for approval of a bond issue; | 20723 |
(b) In accordance with section 3318.361 of the Revised Code | 20724 |
if it is not necessary to also submit a proposal for approval of a | 20725 |
bond issue pursuant to division (E) of this section. | 20726 |
(5) No state assistance under sections 3318.01 to 3318.20 of | 20727 |
the Revised Code shall be released until a school district board | 20728 |
that adopts and certifies a resolution under this division either | 20729 |
has levied the additional tax or has earmarked the proceeds of a | 20730 |
tax as specified in division (D) of this section. | 20731 |
Any amount required for maintenance under division (D)(2) of | 20732 |
this section shall be deposited into a separate fund as specified | 20733 |
in division (B) of section 3318.05 of the Revised Code. | 20734 |
(E)(1) If the school district becomes eligible for state | 20735 |
assistance under sections 3318.01 to 3318.20 of the Revised Code | 20736 |
based on its percentile ranking as determined under division (B) | 20737 |
of this section, the commission shall conduct a new assessment of | 20738 |
the school district's classroom facilities needs and shall | 20739 |
recalculate the basic project cost based on this new assessment. | 20740 |
The basic project cost recalculated under this division shall | 20741 |
include the amount of expenditures made by the school district | 20742 |
board under division (D)(1) of this section. The commission shall | 20743 |
then recalculate the school district's portion of the new basic | 20744 |
project cost, which shall be the percentage of the original basic | 20745 |
project cost assigned to the school district as its portion under | 20746 |
division (C) of this section. The commission shall deduct the | 20747 |
expenditure of school district moneys made under division (D)(1) | 20748 |
of this section from the school district's portion of the basic | 20749 |
project cost as recalculated under this division. If the amount | 20750 |
of school district resources applied by the school district board | 20751 |
to the school district's portion of the basic project cost under | 20752 |
this section is less than the total amount of such portion as | 20753 |
recalculated under this division, the school district board by a | 20754 |
majority vote of all of its members shall, if it desires to seek | 20755 |
state assistance under sections 3318.01 to 3318.20 of the Revised | 20756 |
Code, adopt a resolution as specified in section 3318.06 of the | 20757 |
Revised Code to submit to the electors of the school district the | 20758 |
question of approval of a bond issue in order to pay any | 20759 |
additional amount of school district portion required for state | 20760 |
assistance. Any tax levy approved under division (D) of this | 20761 |
section satisfies the requirements to levy the additional tax | 20762 |
under section 3318.06 of the Revised Code. | 20763 |
(2) If the amount of school district resources applied by | 20764 |
the school district board to the school district's portion of the | 20765 |
basic project cost under this section is more than the total | 20766 |
amount of such portion as recalculated under this division, within | 20767 |
one year after the school district's portion is recalculated under | 20768 |
division (E)(1) of this section the commission may grant to the | 20769 |
school district the difference between the two calculated | 20770 |
portions, but at no time shall the commission expend any state | 20771 |
funds on a project in an amount greater than the state's portion | 20772 |
of the basic project cost as recalculated under this division. | 20773 |
Any reimbursement under this division shall be only for local | 20774 |
resources the school district has applied toward construction cost | 20775 |
expenditures for the classroom facilities approved by the | 20776 |
commission, which shall not include any financing costs associated | 20777 |
with that construction. | 20778 |
The school district board shall use any moneys reimbursed to | 20779 |
the district under this division to pay off any debt service the | 20780 |
district owes for classroom facilities constructed under its | 20781 |
project under this section before such moneys are applied to any | 20782 |
other purpose. | 20783 |
Sec. 3318.363. (A) This section applies only to a school | 20784 |
district participating in the school building assistance expedited | 20785 |
local partnership program under section 3318.36 of the Revised | 20786 |
Code. | 20787 |
(B) If there is a decrease in the tax valuation of a | 20788 |
school district to which this section applies by ten per cent or | 20789 |
greater from one tax year to the next due to a decrease in the | 20790 |
assessment rate of the taxable property of an electric company | 20791 |
that owns property in the district, as provided for in section | 20792 |
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the | 20793 |
123rd General Assembly, the Ohio school facilities commission | 20794 |
shall calculate or recalculate the state and school district | 20795 |
portions of the basic project cost of the school district's | 20796 |
project by determining the percentile rank in which the district | 20797 |
would be located if such ranking were made using the current year | 20798 |
adjusted valuation per pupil, as calculated and reported to the | 20799 |
commission by the department of education under division (A) of | 20800 |
section 3318.011 of the Revised Code, rather than the three-year | 20801 |
average adjusted valuation per pupil, calculated under division | 20802 |
(B) of that section. For such district, the required percentage | 20803 |
of the basic project cost used to determine the state and school | 20804 |
district shares of that cost under division (C) of section 3318.36 | 20805 |
of the Revised Code shall be based on the percentile rank as | 20806 |
calculated under this section rather than as otherwise provided in | 20807 |
division (C)(1) of section 3318.36 of the Revised Code. If the | 20808 |
commission has determined the state and school district portion of | 20809 |
the basic project cost of such a district's project under section | 20810 |
3318.36 of the Revised Code prior to that decrease in tax | 20811 |
valuation, the commission shall adjust the state and school | 20812 |
district shares of the basic project cost of such project in | 20813 |
accordance with this section. | 20814 |
Sec. 3318.50. (A) As used in this section and in section | 20815 |
3318.52 of the Revised Code: | 20816 |
(1) "Start-up community school" means a "new start-up | 20817 |
school" as that term is defined in division (A) of section 3314.02 | 20818 |
of the Revised Code. | 20819 |
(2) "Classroom facilities" has the same meaning as in | 20820 |
section 3318.01 of the Revised Code. | 20821 |
(B) There is hereby established the community school | 20822 |
classroom facilities loan guarantee program. Under the program, | 20823 |
the Ohio school facilities commission may guarantee for up to | 20824 |
fifteen years any loan made to the governing authority of a | 20825 |
start-up community school established under Chapter 3314. of the | 20826 |
Revised Code for the sole purpose of assisting the governing board | 20827 |
in acquiring classroom facilities for the community school by | 20828 |
lease, purchase, remodeling of existing facilities, or any other | 20829 |
means except by new construction. | 20830 |
The commission shall not make any loan guarantee under this | 20831 |
section unless the commission has determined that the classroom | 20832 |
facilities meet specifications established by the commission under | 20833 |
section 3318.51 of the Revised Code. | 20834 |
The agreement between the commission and the governing | 20835 |
authority of a community school for a loan guarantee under this | 20836 |
section shall contain a stipulation holding all members of the | 20837 |
governing authority at the time the agreement is executed jointly | 20838 |
and severally liable in their personal capacity to the state for | 20839 |
the amount of any payment made by the state to pay any default on | 20840 |
a loan guaranteed by that agreement regardless of whether such | 20841 |
members are still members of the governing authority at the time | 20842 |
of the default. | 20843 |
(C) Any payment made to a lending institution as a result | 20844 |
of default on a loan guaranteed under this section shall be made | 20845 |
from moneys in the community school classroom facilities loan | 20846 |
guarantee fund established under section 3318.52 of the Revised | 20847 |
Code. | 20848 |
(D) The commission may assess a fee of up to five hundred | 20849 |
dollars for each loan guaranteed under this section. | 20850 |
Sec. 3318.51. Not later than nine months after the effective | 20851 |
date of this section, the Ohio school facilities commission in | 20852 |
consultation with the office of community school options | 20853 |
established under section 3314.11 of the Revised Code shall | 20854 |
develop specifications for classroom facilities for start-up | 20855 |
community schools established under Chapter 3314. of the Revised | 20856 |
Code. | 20857 |
Sec. 3318.52. There is hereby established the community | 20858 |
school classroom facilities loan guarantee fund. The fund shall | 20859 |
consist of such moneys as the general assembly appropriates for | 20860 |
the purpose of guaranteeing loans to community schools under | 20861 |
section 3318.50 of the Revised Code. Investment earnings on | 20862 |
moneys in the fund shall be credited to the fund. | 20863 |
Sec. 3319.19. (A)
| 20864 |
this section or division (A)(2) of section 3313.37 of the Revised | 20865 |
Code, upon request, the board of county commissioners shall | 20866 |
provide and equip offices in the county for the use of the | 20867 |
superintendent of an educational service center, and shall provide | 20868 |
heat, light, water, and janitorial services for such offices. Such | 20869 |
offices shall be the permanent headquarters of the superintendent | 20870 |
and shall be used by the governing board of the service center | 20871 |
when it is in session. Except as provided in division (B) of this | 20872 |
section, such offices shall be located in the county seat or, upon | 20873 |
the approval of the governing board, may be located outside of the | 20874 |
county seat. | 20875 |
(B) In the case of a service center formed under section | 20876 |
3311.053 of the Revised Code, the governing board shall designate | 20877 |
the site of its offices.
| 20878 |
this section or division (A)(2) of section 3313.37 of the Revised | 20879 |
Code, the board of county commissioners of the county in which the | 20880 |
designated site is located shall provide and equip the offices as | 20881 |
under division (A) of this section, but the costs of such offices | 20882 |
and equipment
| 20883 |
20884 | |
county commissioners of all counties having any territory in the | 20885 |
area under the control of the governing board, according to the | 20886 |
proportion of local school district pupils under the supervision | 20887 |
of such board residing in the respective counties. Where there is | 20888 |
a dispute as to the amount any board of county commissioners is | 20889 |
required to pay, the probate judge of the county in which the | 20890 |
greatest number of pupils under the supervision of the governing | 20891 |
board reside shall apportion such costs among the boards of county | 20892 |
commissioners and notify each such board of its share of the | 20893 |
costs. | 20894 |
(C)
| 20895 |
20896 | |
20897 | |
20898 | |
20899 | |
20900 | |
20901 | |
20902 | |
20903 | |
20904 | |
20905 | |
20906 | |
20907 |
| 20908 |
20909 | |
20910 | |
20911 | |
20912 | |
20913 |
| 20914 |
20915 | |
20916 |
| 20917 |
20918 | |
20919 | |
20920 | |
20921 |
| 20922 |
20923 | |
20924 | |
20925 | |
20926 | |
20927 | |
20928 | |
20929 | |
20930 | |
20931 | |
20932 | |
20933 | |
20934 | |
20935 | |
20936 | |
20937 | |
20938 | |
20939 | |
20940 | |
20941 | |
20942 | |
20943 | |
20944 |
| 20945 |
20946 | |
day of March of 2002, 2003, 2004, and 2005 a board of county | 20947 |
commissioners required to provide or equip offices pursuant to | 20948 |
division (A) or (B) of this section shall make a written estimate | 20949 |
of the total cost it will incur for the ensuing fiscal year to | 20950 |
provide and equip the offices and to provide heat, light, water, | 20951 |
and janitorial services for such offices. The total estimate of | 20952 |
cost shall include: | 20953 |
(1) The total square feet of space to be utilized by the | 20954 |
educational service center; | 20955 |
(2) The total square feet of any common areas that should | 20956 |
be reasonably allocated to the center and the methodology for | 20957 |
making this allocation; | 20958 |
(3) The actual cost per square foot for both the space | 20959 |
utilized by and the common area allocated to the center; | 20960 |
(4) An explanation of the methodology used to determine the | 20961 |
per square foot cost; | 20962 |
(5) The estimated cost of providing heat, light, and | 20963 |
water, including an explanation of how these costs were | 20964 |
determined; | 20965 |
(6) The estimated cost of providing janitorial services | 20966 |
including an explanation of the methodology used to determine this | 20967 |
cost; | 20968 |
(7) Any other estimated costs that the board anticipates it | 20969 |
will occur and a detailed explanation of the costs and the | 20970 |
rationale used to determine such costs. | 20971 |
A copy of the total estimate of costs under this division | 20972 |
shall be sent to the superintendent of the educational service | 20973 |
center not later than the fifth day of April. The superintendent | 20974 |
shall review the total estimate and shall notify the board of | 20975 |
county commissioners not later than twenty days after receipt of | 20976 |
the estimate of either agreement with the estimate or any specific | 20977 |
objections to the estimates and the reasons for the objections. If | 20978 |
the superintendent agrees with the estimate, it shall become the | 20979 |
final total estimate of cost. Failure of the superintendent to | 20980 |
make objections to the estimate by the twentieth day after receipt | 20981 |
of it shall be deemed to mean that the superintendent is in | 20982 |
agreement with the estimate. | 20983 |
If the superintendent provides specific objections to the | 20984 |
board of county commissioners, the board shall review the | 20985 |
objections and may modify the original estimate and shall send a | 20986 |
revised total estimate to the superintendent within ten days after | 20987 |
the receipt of the superintendent's objections. The | 20988 |
superintendent shall respond to the revised estimate within ten | 20989 |
days after its receipt. If the superintendent agrees with it, it | 20990 |
shall become the final total estimated cost. If the | 20991 |
superintendent fails to respond within the required time, the | 20992 |
superintendent shall be deemed to have agreed with the revised | 20993 |
estimate. If the superintendent disagrees with the revised | 20994 |
estimate, the superintendent shall send specific objections to the | 20995 |
county commissioners. | 20996 |
If a superintendent has sent specific objections to the | 20997 |
revised estimate within the required time, the probate judge of | 20998 |
the county which has the greatest number of resident local school | 20999 |
district pupils under the supervision of the educational service | 21000 |
center shall determine the final estimated cost and certify this | 21001 |
amount to the superintendent and the board of county commissioners | 21002 |
prior to the first day of July. | 21003 |
(D)(1) A board of county commissioners shall be responsible | 21004 |
for the following percentages of the final total estimated cost | 21005 |
established by division (C) of this section: | 21006 |
(a) Eighty per cent for fiscal year 2003; | 21007 |
(b) Sixty per cent for fiscal year 2004; | 21008 |
(c) Forty per cent for fiscal year 2005; | 21009 |
(d) Twenty per cent for fiscal year 2006. | 21010 |
In fiscal years 2003, 2004, 2005, and 2006 the educational | 21011 |
service center shall be responsible for the remainder of any costs | 21012 |
in excess of the amounts specified in division (D)(1)(a),(b), or | 21013 |
(c) of this section, as applicable, associated with the provision | 21014 |
and equipment of offices for the educational service center and | 21015 |
for provision of heat, light, water, and janitorial services for | 21016 |
such offices, including any unanticipated or unexpected increases | 21017 |
in the costs beyond the final estimated cost amount. | 21018 |
Beginning in fiscal year 2007, no board of county | 21019 |
commissioners shall have any obligation to provide and equip | 21020 |
offices for an educational service center or to provide heat, | 21021 |
light, water, or janitorial services for such offices. | 21022 |
(2) Nothing in this section shall prohibit the board of | 21023 |
county commissioners and the governing board of an educational | 21024 |
service center from entering into a contract for providing and | 21025 |
equipping offices for the use of an educational service center and | 21026 |
for providing heat, light, water, and janitorial services for such | 21027 |
offices. The term of any such contract shall not exceed a period | 21028 |
of four years and may be renewed for additional periods not to | 21029 |
exceed four years. Any such contract shall supersede the | 21030 |
provisions of division (D)(1) of this section and no educational | 21031 |
service center may be charged, at any time, any additional amount | 21032 |
for the county's provision of an office and equipment, heat, | 21033 |
light, water, and janitorial services beyond the amount specified | 21034 |
in such contract. | 21035 |
(3) No contract entered into under division (D)(2) of this | 21036 |
section in any year prior to fiscal year 2007 between an | 21037 |
educational service center formed under section 3311.053 of the | 21038 |
Revised Code and the board of county commissioners required to | 21039 |
provide and equip its office pursuant to division (B) of this | 21040 |
section shall take effect unless the boards of county | 21041 |
commissioners of all other counties required to participate in | 21042 |
the funding for such offices pursuant to division (B) of this | 21043 |
section adopt resolutions approving the contract. | 21044 |
Sec. 3321.01. (A)(1) As used in this chapter, "parent," | 21045 |
"guardian," or "other person having charge or care of a child" | 21046 |
means either parent unless the parents are separated or divorced | 21047 |
or their marriage has been dissolved or annulled, in which case | 21048 |
"parent" means the parent who is the residential parent and legal | 21049 |
custodian of the child. If the child is in the legal or permanent | 21050 |
custody of a person or government agency, "parent" means that | 21051 |
person or government agency. When a child is a resident of a | 21052 |
home, as defined in section 3313.64 of the Revised Code, and the | 21053 |
child's parent is not a resident of this state, "parent," | 21054 |
"guardian," or "other person having charge or care of a child" | 21055 |
means the head of the home. | 21056 |
A child between six and eighteen years of age is "of | 21057 |
compulsory school age" for the purpose of sections 3321.01 to | 21058 |
3321.13 of the Revised Code. A child under six years of age who | 21059 |
has been enrolled in kindergarten also shall be considered "of | 21060 |
compulsory school age" for the purpose of sections 3321.01 to | 21061 |
3321.13 of the Revised Code unless at any time the child's parent | 21062 |
or guardian, at the parent's or guardian's discretion and in | 21063 |
consultation with the child's teacher and principal, formally | 21064 |
withdraws the child from kindergarten. The compulsory school age | 21065 |
of a child shall not commence until the beginning of the term of | 21066 |
such schools, or other time in the school year fixed by the rules | 21067 |
of the board of the district in which the child resides. | 21068 |
(2) No child shall be admitted to a kindergarten or a first | 21069 |
grade of a public school in a district in which all children are | 21070 |
admitted to kindergarten and the first grade in August or | 21071 |
September unless the child is five or six years of age, | 21072 |
respectively, by the thirtieth day of September of the year of | 21073 |
admittance, or by the first day of a term or semester other than | 21074 |
one beginning in August or September in school districts granting | 21075 |
admittance at the beginning of such term or semester, except that | 21076 |
in those school districts using or obtaining educationally | 21077 |
accepted standardized testing programs for determining entrance, | 21078 |
as approved by the board of education of such districts, the board | 21079 |
shall admit a child to kindergarten or the first grade who fails | 21080 |
to meet the age requirement, provided the child meets necessary | 21081 |
standards as determined by such standardized testing programs. If | 21082 |
the board of education has not established a standardized testing | 21083 |
program, the board shall designate the necessary standards and a | 21084 |
testing program it will accept for the purpose of admitting a | 21085 |
child to kindergarten or first grade who fails to meet the age | 21086 |
requirement. Each child who will be the proper age for entrance | 21087 |
to kindergarten or first grade by the first day of January of the | 21088 |
school year for which admission is requested shall be so tested | 21089 |
upon the request of the child's parent. | 21090 |
(3) Notwithstanding divisions (A)(2) and (D) of this | 21091 |
section, beginning with the school year that starts in 2001 and | 21092 |
continuing thereafter the board of education of any district may | 21093 |
adopt a resolution establishing the first day of August in lieu of | 21094 |
the thirtieth day of September as the required date by which | 21095 |
students must have attained the age specified in those divisions. | 21096 |
(B) As used in divisions (C) and (D) of this section, | 21097 |
"successfully completed kindergarten" and "successful completion | 21098 |
of kindergarten" mean that the child has completed the | 21099 |
kindergarten requirements at one of the following: | 21100 |
(1) A public or chartered nonpublic school; | 21101 |
(2) A kindergarten class that is both of the following: | 21102 |
(a) Offered by a day-care provider licensed under Chapter | 21103 |
5104. of the Revised Code; | 21104 |
(b) If offered after July 1, 1991, is directly taught by a | 21105 |
teacher who holds one of the following: | 21106 |
(i) A valid educator license issued under section 3319.22 of | 21107 |
the Revised Code; | 21108 |
(ii) A Montessori preprimary credential or age-appropriate | 21109 |
diploma granted by the American Montessori society or the | 21110 |
association Montessori internationale; | 21111 |
(iii) Certification determined under division (G) of this | 21112 |
section to be equivalent to that described in division | 21113 |
(B)(2)(b)(ii) of this section; | 21114 |
(iv) Certification for teachers in nontax-supported schools | 21115 |
pursuant to section 3301.071 of the Revised Code. | 21116 |
(C) Except as provided in division (D) of this section, no | 21117 |
school district shall admit to the first grade any child who has | 21118 |
not successfully completed kindergarten. | 21119 |
(D) Upon request of a parent, the requirement of division | 21120 |
(C) of this section may be waived by the district's pupil | 21121 |
personnel services committee in the case of a child who is at | 21122 |
least six years of age by the thirtieth day of September of the | 21123 |
year of admittance and who demonstrates to the satisfaction of the | 21124 |
committee the possession of the social, emotional, and cognitive | 21125 |
skills necessary for first grade. | 21126 |
The board of education of each city, local, and exempted | 21127 |
village school district shall establish a pupil personnel services | 21128 |
committee. The committee shall be composed of all of the | 21129 |
following to the extent such personnel are either employed by the | 21130 |
district or employed by the governing board of the educational | 21131 |
service center within whose territory the district is located and | 21132 |
the educational service center generally furnishes the services of | 21133 |
such personnel to the district: | 21134 |
(1) The director of pupil personnel services; | 21135 |
(2) An elementary school counselor; | 21136 |
(3) An elementary school principal; | 21137 |
(4) A school psychologist; | 21138 |
(5) A teacher assigned to teach first grade; | 21139 |
(6) A gifted coordinator. | 21140 |
The responsibilities of the pupil personnel services | 21141 |
committee shall be limited to the issuing of waivers allowing | 21142 |
admittance to the first grade without the successful completion of | 21143 |
kindergarten. The committee shall have no other authority except | 21144 |
as specified in this section. | 21145 |
(E) The scheduling of times for kindergarten classes and | 21146 |
length of the school day for kindergarten shall be determined by | 21147 |
the board of education of a city, exempted village, or local | 21148 |
school district. | 21149 |
(F) Any kindergarten class offered by a day-care provider or | 21150 |
school described by division (B)(1) or (B)(2)(a) of this section | 21151 |
shall be developmentally appropriate. | 21152 |
(G) Upon written request of a day-care provider described by | 21153 |
division (B)(2)(a) of this section, the department of education | 21154 |
shall determine whether certification held by a teacher employed | 21155 |
by the provider meets the requirement of division (B)(2)(b)(iii) | 21156 |
of this section and, if so, shall furnish the provider a statement | 21157 |
to that effect. | 21158 |
Sec. 3323.09. (A) As used in this section: | 21159 |
(1) "Home" has the meaning given in section 3313.64 of the | 21160 |
Revised Code; | 21161 |
(2) "Preschool child" means a child who is at least age three | 21162 |
but under age six on the thirtieth day of September of an academic | 21163 |
year. | 21164 |
(B) Each county MR/DD board shall establish special | 21165 |
education programs for all handicapped children who in accordance | 21166 |
with section 3323.04 of the Revised Code have been placed in | 21167 |
special education programs operated by the county board and for | 21168 |
preschool children who are developmentally delayed or at risk of | 21169 |
being developmentally delayed. The board annually shall submit to | 21170 |
the department of education a plan for the provision of these | 21171 |
programs and, if applicable, a request for approval of units under | 21172 |
section 3317.05 of the Revised Code. The superintendent of public | 21173 |
instruction shall review the plan and approve or modify it in | 21174 |
accordance with rules adopted by the state board of education | 21175 |
under section 3301.07 of the Revised Code. The superintendent of | 21176 |
public instruction shall compile the plans submitted by county | 21177 |
boards and shall submit a comprehensive plan to the state board of | 21178 |
education. | 21179 |
A county MR/DD board may combine transportation for children | 21180 |
enrolled in classes funded under section 3317.20 or units approved | 21181 |
under section 3317.05 with transportation for children and adults | 21182 |
enrolled in programs and services offered by the board under | 21183 |
section 5126.12 of the Revised Code. | 21184 |
(C) A county MR/DD board that during the school year | 21185 |
provided special education pursuant to this section for any | 21186 |
mentally handicapped child under twenty-two years of age shall | 21187 |
prepare and submit the following reports and statements: | 21188 |
(1) The board shall prepare a statement for each child who | 21189 |
at the time of receiving such special education was a resident of | 21190 |
a home and was not in the legal or permanent custody of an Ohio | 21191 |
resident or a government agency in this state, and whose parents | 21192 |
are not known to have been residents of this state subsequent to | 21193 |
the child's birth. The statement shall contain the child's name, | 21194 |
the name of
| 21195 |
of the county board providing the special education, and the | 21196 |
number of months, including any fraction of a month, it was | 21197 |
provided. Not later than the thirtieth day of June, the board | 21198 |
shall forward a certified copy of such statement to both the | 21199 |
director of mental retardation and developmental disabilities and | 21200 |
to the home. | 21201 |
Within thirty days after its receipt of a statement, the home | 21202 |
shall pay tuition to the county board computed in the manner | 21203 |
prescribed by section 3323.141 of the Revised Code. | 21204 |
(2) The board shall prepare a report for each school | 21205 |
district that is the school district of residence of one or more | 21206 |
of such children for whom statements are not required by division | 21207 |
(C)(1) of this section. The report shall contain the name of the | 21208 |
county board providing special education, the name of each child | 21209 |
receiving special education, the number of months, including | 21210 |
fractions of a month, that
| 21211 |
of the child's school district of residence. Not later than the | 21212 |
thirtieth day of June, the board shall forward certified copies of | 21213 |
each report to the school district named in the report, the | 21214 |
superintendent of public instruction, and the director of mental | 21215 |
retardation and developmental disabilities. | 21216 |
Sec. 3323.091. (A) The department of mental health, the | 21217 |
department of mental retardation and developmental disabilities, | 21218 |
the department of youth services, and the department of | 21219 |
rehabilitation and correction shall establish and maintain special | 21220 |
education programs for handicapped children in institutions under | 21221 |
their jurisdiction according to standards adopted by the state | 21222 |
board of education. The superintendent of each institution | 21223 |
providing special education under this chapter may apply to the | 21224 |
state department of education for unit funding, which shall be | 21225 |
paid in accordance with sections
| 21226 |
3317.053 of the Revised Code. | 21227 |
(B) On or before the thirtieth day of June of each year, the | 21228 |
superintendent of each institution that during the school year | 21229 |
provided special education pursuant to this section shall prepare | 21230 |
a statement for each handicapped child under twenty-two years of | 21231 |
age who has received special education. The statement shall | 21232 |
contain the child's name and the name of the child's school | 21233 |
district of residence. Within sixty days after receipt of such | 21234 |
statement, the department of education shall perform one of the | 21235 |
following: | 21236 |
(1) For any child except a handicapped preschool child | 21237 |
described in division (B)(2) of this section, pay to the | 21238 |
institution submitting the statement an amount equal to the | 21239 |
tuition calculated under division (A) of section 3317.08 of the | 21240 |
Revised Code for the period covered by the statement, and deduct | 21241 |
the same from the amount of state funds, if any, payable under | 21242 |
sections 3317.022 and 3317.023 of the Revised Code, to the child's | 21243 |
school district of residence or, if the amount of such state funds | 21244 |
is insufficient, require the child's school district of residence | 21245 |
to pay the institution submitting the statement an amount equal to | 21246 |
the amount determined under this division. | 21247 |
(2) For any handicapped preschool child not included in a | 21248 |
unit approved under division (B) of section 3317.05 of the Revised | 21249 |
Code, perform the following: | 21250 |
(a) Pay to the institution submitting the statement an | 21251 |
amount equal to the tuition calculated under division (B) of | 21252 |
section 3317.08 of the Revised Code for the period covered by the | 21253 |
statement, except that in calculating the tuition under that | 21254 |
section the operating expenses of the institution submitting the | 21255 |
statement under this section shall be used instead of the | 21256 |
operating expenses of the school district of residence; | 21257 |
(b) Deduct from the amount of state funds, if any, payable | 21258 |
under sections 3317.022 and 3317.023 of the Revised Code to the | 21259 |
child's school district of residence an amount equal to the amount | 21260 |
paid under division (B)(2)(a) of this section. | 21261 |
Sec. 3327.10. (A) No person shall be employed as driver of | 21262 |
a school bus or motor van, owned and operated by any school | 21263 |
district or educational service center or privately owned and | 21264 |
operated under contract with any school district or service center | 21265 |
in this state, who has not received a certificate from the | 21266 |
educational service center governing board in case such person is | 21267 |
employed by a service center or by a local school district under | 21268 |
the supervision of the service center governing board, or by the | 21269 |
superintendent of schools, in case such person is employed by the | 21270 |
board of a city or exempted village school district, certifying | 21271 |
that such person is at least eighteen years of age and is of good | 21272 |
moral character and is qualified physically and otherwise for such | 21273 |
position. The service center governing board or the | 21274 |
superintendent, as the case may be, shall provide for an annual | 21275 |
physical examination that conforms with rules adopted by the state | 21276 |
board of education
of each driver to ascertain
| 21277 |
physical fitness for such employment. Any certificate may be | 21278 |
revoked by the authority granting the same on proof that the | 21279 |
holder has been guilty of failing to comply with division (D)(1) | 21280 |
of this section, or upon a conviction or a guilty plea for a | 21281 |
violation, or any other action, that results in a loss or | 21282 |
suspension of driving rights. Failure to comply with such | 21283 |
division may be cause for disciplinary action or termination of | 21284 |
employment under division (C) of section 3319.081, or section | 21285 |
124.34 of the Revised Code. | 21286 |
(B) No person shall be employed as driver of a school bus or | 21287 |
motor van not subject to the rules of the department of education | 21288 |
pursuant to division (A) of this section who has not received a | 21289 |
certificate from the school administrator or contractor certifying | 21290 |
that such person is at least eighteen years of age, is of good | 21291 |
moral character, and is qualified physically and otherwise for | 21292 |
such position. Each driver shall have an annual physical | 21293 |
examination which conforms to the state highway patrol rules, | 21294 |
ascertaining
| 21295 |
employment.
| 21296 |
following: | 21297 |
(1) A person licensed under Chapter 4731. of the Revised Code | 21298 |
or by another state to practice medicine and surgery or | 21299 |
osteopathic medicine and surgery; | 21300 |
(2) A registered nurse who holds a certificate of authority | 21301 |
issued under Chapter 4723. of the Revised Code to practice as a | 21302 |
certified nurse practitioner or clinical nurse specialist and is | 21303 |
practicing pursuant to a standard care arrangement with a | 21304 |
collaborating physician. | 21305 |
Any certificate may be revoked by the authority granting the | 21306 |
same on proof that the holder has been guilty of failing to comply | 21307 |
with division (D)(2) of this section. | 21308 |
(C) Any person who drives a school bus or motor van must | 21309 |
give satisfactory and sufficient bond except a driver who is an | 21310 |
employee of a school district and who drives a bus or motor van | 21311 |
owned by the school district. | 21312 |
(D) No person employed as driver of a school bus or motor | 21313 |
van under this section who is convicted of a traffic violation or | 21314 |
who has had
| 21315 |
or revoked shall drive a school bus or motor van until such person | 21316 |
has filed a written notice of such conviction, suspension, or | 21317 |
revocation as follows: | 21318 |
(1) If
| 21319 |
section, such notice shall be filed with the superintendent, or a | 21320 |
person designated by the superintendent, of the school district | 21321 |
for which such person drives a school bus or motor van as an | 21322 |
employee or drives a privately owned and operated school bus or | 21323 |
motor van under contract. | 21324 |
(2) If employed under division (B) of this section, such | 21325 |
notice shall be filed with the employing school administrator or | 21326 |
contractor, or a person designated by the administrator or | 21327 |
contractor. | 21328 |
(E) In addition to resulting in possible revocation of a | 21329 |
certificate as authorized by divisions (A) and (B) of this | 21330 |
section, violation of division (D) of this section is a minor | 21331 |
misdemeanor. | 21332 |
Sec. 3333.02. The Ohio board of regents shall hold its first | 21333 |
meeting at the call of the governor, within three months after all | 21334 |
members have been appointed and qualified. Meetings thereafter | 21335 |
shall be called in such manner and at such times as prescribed by | 21336 |
rules adopted by the board, but the board shall meet at least four | 21337 |
times annually. A majority of the board constitutes a quorum. At | 21338 |
its first meeting, the board shall organize by selecting a | 21339 |
| 21340 |
secretary, and such other officers as it deems necessary. The | 21341 |
board shall adopt rules for the conduct of its business, and to | 21342 |
provide for the term and election of officers, and shall establish | 21343 |
an office in Columbus. The rules shall permit the formation of a | 21344 |
quorum and the taking of votes at meetings conducted by | 21345 |
interactive video teleconference if provisions are made for public | 21346 |
attendance at any location involved in such a teleconference. | 21347 |
A record shall be kept of board proceedings, which shall be | 21348 |
open for public inspection. The board shall adopt a seal to be | 21349 |
affixed to official documents. Each member of the board, before | 21350 |
entering on
| 21351 |
shall take and subscribe to an oath of office, to uphold the | 21352 |
constitution and laws of the United States and this state, and to | 21353 |
perform the duties of
| 21354 |
impartially. | 21355 |
Sec. 3333.03. (A) The Ohio board of regents shall appoint a | 21356 |
chancellor to serve at its pleasure and shall prescribe
| 21357 |
chancellor's duties. The board shall fix the compensation for the | 21358 |
chancellor
| 21359 |
21360 | |
21361 |
(B) The chancellor is the administrative officer of the | 21362 |
board, and is responsible for appointing and fixing the | 21363 |
compensation of all professional, administrative, and clerical | 21364 |
employees and staff
members | 21365 |
necessary to assist the board and the chancellor in the | 21366 |
performance of their duties. All employees and staff shall serve | 21367 |
under
| 21368 |
shall be a person qualified by training and experience to | 21369 |
understand the problems and needs of the state in the field of | 21370 |
higher education and to devise programs, plans, and methods of | 21371 |
solving the problems and meeting the needs. | 21372 |
(C) Neither the chancellor nor any staff member or employee | 21373 |
of the board shall be a trustee, officer, or employee of any | 21374 |
public or private college or university while serving on the | 21375 |
board. | 21376 |
Sec. 3333.043. (A) As used in this section: | 21377 |
(1) "Institution of higher education" means the state | 21378 |
universities listed in section 3345.011 of the Revised Code, | 21379 |
municipal educational institutions established under Chapter 3349. | 21380 |
of the Revised Code, community colleges established under Chapter | 21381 |
3354. of the Revised Code, university branches established under | 21382 |
Chapter 3355. of the Revised Code, technical colleges established | 21383 |
under Chapter 3357. of the Revised Code, state community colleges | 21384 |
established under Chapter 3358. of the Revised Code, any | 21385 |
institution of higher education with a certificate of registration | 21386 |
from the state board of proprietary school registration, and any | 21387 |
institution for which the Ohio board of regents receives a notice | 21388 |
pursuant to division (C) of this section. | 21389 |
(2) "Community service" has the same meaning as in section | 21390 |
3313.605 of the Revised Code. | 21391 |
(B)(1) The board of trustees or other governing entity of | 21392 |
each institution of higher education shall encourage and promote | 21393 |
participation of students in community service through a program | 21394 |
appropriate to the mission, student population, and environment of | 21395 |
each institution. The program may include, but not be limited to, | 21396 |
providing information about community service opportunities during | 21397 |
student orientation or in student publications; providing awards | 21398 |
for exemplary community service; encouraging faculty members to | 21399 |
incorporate community service into students' academic experiences | 21400 |
wherever appropriate to the curriculum; encouraging recognized | 21401 |
student organizations to undertake community service projects as | 21402 |
part of their purposes; and establishing advisory committees of | 21403 |
students, faculty members, and community and business leaders to | 21404 |
develop cooperative programs that benefit the community and | 21405 |
enhance student experience. The program shall be flexible in | 21406 |
design so as to permit participation by the greatest possible | 21407 |
number of students, including part-time students and students for | 21408 |
whom participation may be difficult due to financial, academic, | 21409 |
personal, or other considerations. The program shall emphasize | 21410 |
community service opportunities that can most effectively use the | 21411 |
skills of students, such as tutoring or literacy programs. The | 21412 |
programs shall encourage students to perform services that will | 21413 |
not supplant the hiring of, result in the displacement of, or | 21414 |
impair any existing employment contracts of any particular | 21415 |
employee of any private or governmental entity for which services | 21416 |
are performed. | 21417 |
(2) The Ohio board of regents shall encourage all | 21418 |
institutions of higher education in the development of community | 21419 |
service programs. With the assistance of the
| 21420 |
service
| 21421 |
the Revised Code, the board of regents shall make available | 21422 |
information about higher education community service programs to | 21423 |
institutions of higher education and to statewide organizations | 21424 |
involved with or promoting volunteerism, including information | 21425 |
about model community service programs, teacher training courses, | 21426 |
and community service curricula and teaching materials for | 21427 |
possible use by institutions of higher education in their | 21428 |
programs. The board shall encourage institutions of higher | 21429 |
education to jointly coordinate higher education community service | 21430 |
programs through consortia of institutions or other appropriate | 21431 |
means of coordination. | 21432 |
(C) The board of trustees of any nonprofit institution with | 21433 |
a certificate of authorization issued by the Ohio board of regents | 21434 |
pursuant to Chapter 1713. of the Revised Code may notify the board | 21435 |
of regents that it is making itself subject to divisions (A) and | 21436 |
(B) of this section. Upon receipt of such a notice, these | 21437 |
divisions shall apply to that institution. | 21438 |
Sec. 3333.12. (A) As used in this section: | 21439 |
(1) "Eligible student" means an undergraduate student who is: | 21440 |
(a) An Ohio resident; | 21441 |
(b) Enrolled in either of the following: | 21442 |
(i) An accredited institution of higher education in this | 21443 |
state that meets the requirements of Title VI of the Civil Rights | 21444 |
Act of 1964 and is state-assisted, is nonprofit and has a | 21445 |
certificate of authorization from the Ohio board of regents | 21446 |
pursuant to Chapter 1713. of the Revised Code, or has a | 21447 |
certificate of registration from the state board of proprietary | 21448 |
school registration and program authorization to award an | 21449 |
associate or bachelor's degree. Students who attend an | 21450 |
institution that holds a certificate of registration shall be | 21451 |
enrolled in a program leading to an associate or bachelor's degree | 21452 |
for which associate or bachelor's degree program the institution | 21453 |
has program authorization issued under section 3332.05 of the | 21454 |
Revised Code. | 21455 |
(ii) A technical education program of at least two years | 21456 |
duration sponsored by a private institution of higher education in | 21457 |
this state that meets the requirements of Title VI of the Civil | 21458 |
Rights Act of 1964. | 21459 |
(c) Enrolled as a full-time student or enrolled as a less | 21460 |
than full-time student for the term expected to be the student's | 21461 |
final term of enrollment and is enrolled for the number of credit | 21462 |
hours necessary to complete the requirements of the program in | 21463 |
which the student is enrolled. | 21464 |
(2) "Gross income" includes all taxable and nontaxable income | 21465 |
of the parents, the student, and the student's spouse, except | 21466 |
income derived from an Ohio academic scholarship, income earned by | 21467 |
the student between the last day of the spring term and the first | 21468 |
day of the fall term, and other income exclusions designated by | 21469 |
the board. Gross income may be verified to the board by the | 21470 |
institution in which the student is enrolled using the federal | 21471 |
financial aid eligibility verification process or by other means | 21472 |
satisfactory to the board. | 21473 |
(3) "Resident," "full-time student," "dependent," | 21474 |
"financially independent," and "accredited" shall be defined by | 21475 |
rules adopted by the board. | 21476 |
(B) The Ohio board of regents shall establish and administer | 21477 |
an instructional grant program and may adopt rules to carry out | 21478 |
this section. The general assembly shall support the | 21479 |
instructional grant program by such sums and in such manner as it | 21480 |
may provide, but the board may also receive funds from other | 21481 |
sources to support the program. If the amounts available for | 21482 |
support of the program are inadequate to provide grants to all | 21483 |
eligible students, preference in the payment of grants shall be | 21484 |
given in terms of income, beginning with the lowest income | 21485 |
category of gross income and proceeding upward by category to the | 21486 |
highest gross income category. | 21487 |
An instructional grant shall be paid to an eligible student | 21488 |
through the institution in which the student is enrolled, except | 21489 |
that no instructional grant shall be paid to any person serving a | 21490 |
term of imprisonment. Applications for such grants shall be made | 21491 |
as prescribed by the board, and such applications may be made in | 21492 |
conjunction with and upon the basis of information provided in | 21493 |
conjunction with student assistance programs funded by agencies of | 21494 |
the United States government or from financial resources of the | 21495 |
institution of higher education. The institution shall certify | 21496 |
that the student applicant meets the requirements set forth in | 21497 |
divisions (A)(1)(b) and (c) of this section. Instructional grants | 21498 |
shall be provided to an eligible student only as long as the | 21499 |
student is making appropriate progress toward a nursing diploma or | 21500 |
an associate or bachelor's degree. No student shall be eligible | 21501 |
to receive a grant for more than ten semesters, fifteen quarters, | 21502 |
or the equivalent of five academic years. A grant made to an | 21503 |
eligible student on the basis of less than full-time enrollment | 21504 |
shall be based on the number of credit hours for which the student | 21505 |
is enrolled and shall be computed in accordance with a formula | 21506 |
adopted by the board. No student shall receive more than one | 21507 |
grant on the basis of less than full-time enrollment. | 21508 |
An instructional grant shall not exceed the total | 21509 |
instructional and general charges of the institution. | 21510 |
(C) The tables in this division prescribe the maximum grant | 21511 |
amounts covering two semesters, three quarters, or a comparable | 21512 |
portion of one academic year. Grant amounts for additional terms | 21513 |
in the same academic year shall be determined under division (D) | 21514 |
of this section. | 21515 |
For a full-time student who is a dependent and enrolled in a | 21516 |
nonprofit educational institution that is not a state-assisted | 21517 |
institution and that has a certificate of authorization issued | 21518 |
pursuant to Chapter 1713. of the Revised Code, the amount of the | 21519 |
instructional grant for two semesters, three quarters, or a | 21520 |
comparable portion of the academic year shall be determined in | 21521 |
accordance with the following table: | 21522 |
21523 |
Maximum Grant $4,872 | 21524 | ||
Gross Income | Number of Dependents | 21525 |
1 | 2 | 3 | 4 | 5 or more | 21526 |
Under $13,001 | $4,872 | $4,872 | $4,872 | $4,872 | $4,872 | 21527 | ||||||
$13,001 - $14,000 | 4,386 | 4,872 | 4,872 | 4,872 | 4,872 | 21528 | ||||||
$14,001 - $15,000 | 3,888 | 4,386 | 4,872 | 4,872 | 4,872 | 21529 | ||||||
$15,001 - $16,000 | 3,408 | 3,888 | 4,386 | 4,872 | 4,872 | 21530 | ||||||
$16,001 - $17,000 | 2,928 | 3,408 | 3,888 | 4,386 | 4,872 | 21531 | ||||||
$17,001 - $20,000 | 2,442 | 2,928 | 3,408 | 3,888 | 4,386 | 21532 | ||||||
$20,001 - $23,000 | 1,944 | 2,442 | 2,928 | 3,408 | 3,888 | 21533 | ||||||
$23,001 - $26,000 | 1,452 | 1,944 | 2,442 | 2,928 | 3,408 | 21534 | ||||||
$26,001 - $29,000 | 1,200 | 1,452 | 1,944 | 2,442 | 2,928 | 21535 | ||||||
$29,001 - $30,000 | 966 | 1,200 | 1,452 | 1,944 | 2,442 | 21536 | ||||||
$30,001 - $31,000 | 882 | 966 | 1,200 | 1,452 | 1,944 | 21537 | ||||||
$31,001 - $32,000 | 792 | 882 | 966 | 1,200 | 1,452 | 21538 | ||||||
$32,001 - $33,000 | 396 | 792 | 882 | 966 | 1,200 | 21539 | ||||||
$33,001 - $34,000 | -0- | 396 | 792 | 882 | 966 | 21540 | ||||||
$34,001 - $35,000 | -0- | -0- | 396 | 792 | 882 | 21541 | ||||||
$35,001 - $36,000 | -0- | -0- | -0- | 396 | 792 | 21542 | ||||||
$36,001 - $37,000 | -0- | -0- | -0- | -0- | 396 | 21543 | ||||||
Over $37,000 | -0- | -0- | -0- | -0- | -0- | 21544 |
21545 |
21546 |
Maximum Grant $5,466 | 21547 | ||
Gross Income | Number of Dependents | 21548 |
1 | 2 | 3 | 4 | 5 or more | 21549 |
$0 - $15,000 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 21550 | ||||||
$15,001 - $16,000 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 21551 | ||||||
$16,001 - $17,000 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 21552 | ||||||
$17,001 - $18,000 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 21553 | ||||||
$18,001 - $19,000 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 21554 | ||||||
$19,001 - $22,000 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 21555 | ||||||
$22,001 - $25,000 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 21556 | ||||||
$25,001 - $28,000 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 21557 | ||||||
$28,001 - $31,000 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 21558 | ||||||
$31,001 - $32,000 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 21559 | ||||||
$32,001 - $33,000 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 21560 | ||||||
$33,001 - $34,000 | 888 | 984 | 1,080 | 1,344 | 1,626 | 21561 | ||||||
$34,001 - $35,000 | 444 | 888 | 984 | 1,080 | 1,344 | 21562 | ||||||
$35,001 - $36,000 | -- | 444 | 888 | 984 | 1,080 | 21563 | ||||||
$36,001 - $37,000 | -- | -- | 444 | 888 | 984 | 21564 | ||||||
$37,001 - $38,000 | -- | -- | -- | 444 | 888 | 21565 | ||||||
$38,001 - $39,000 | -- | -- | -- | -- | 444 | 21566 |
For a full-time student who is financially independent and | 21567 |
enrolled in a nonprofit educational institution that is not a | 21568 |
state-assisted institution and that has a certificate of | 21569 |
authorization issued pursuant to Chapter 1713. of the Revised | 21570 |
Code, the amount of the instructional grant for two semesters, | 21571 |
three quarters, or a comparable portion of the academic year shall | 21572 |
be determined in accordance with the following table: | 21573 |
21574 |
Maximum Grant $4,872 | 21575 | ||
Gross Income | Number of Dependents | 21576 |
0 | 1 | 2 | 3 | 4 | 5 or more | 21577 |
Under $4,201 | $4,872 | $4,872 | $4,872 | $4,872 | $4,872 | $4,872 | 21578 | ||||
$4,201 - $4,800 | 4,386 | 4,872 | 4,872 | 4,872 | 4,872 | 4,872 | 21579 | ||||
$4,801 - $5,300 | 3,888 | 4,386 | 4,872 | 4,872 | 4,872 | 4,872 | 21580 | ||||
$5,301 - $5,800 | 3,408 | 3,888 | 4,386 | 4,872 | 4,872 | 4,872 | 21581 | ||||
$5,801 - $6,300 | 2,928 | 3,408 | 3,888 | 4,386 | 4,872 | 4,872 | 21582 | ||||
$6,301 - $6,800 | 2,442 | 2,928 | 3,408 | 3,888 | 4,386 | 4,872 | 21583 | ||||
$6,801 - $7,800 | 1,944 | 2,442 | 2,928 | 3,408 | 3,888 | 4,386 | 21584 | ||||
$7,801 - $8,800 | 1,452 | 1,944 | 2,442 | 2,928 | 3,408 | 3,888 | 21585 | ||||
$8,801 - $9,800 | 1,200 | 1,452 | 1,944 | 2,442 | 2,928 | 3,408 | 21586 | ||||
$9,801 - $11,300 | 966 | 1,200 | 1,452 | 1,944 | 2,442 | 2,928 | 21587 | ||||
$11,301 - $12,800 | 882 | 966 | 1,200 | 1,452 | 1,944 | 2,442 | 21588 | ||||
$12,801 - $14,300 | 792 | 882 | 966 | 1,200 | 1,452 | 1,944 | 21589 | ||||
$14,301 - $15,800 | 396 | 792 | 882 | 966 | 1,200 | 1,452 | 21590 | ||||
$15,801 - $18,800 | -0- | 396 | 792 | 882 | 966 | 1,200 | 21591 | ||||
$18,801 - $21,800 | -0- | -0- | 396 | 792 | 882 | 966 | 21592 | ||||
$21,801 - $24,800 | -0- | -0- | -0- | 396 | 792 | 882 | 21593 | ||||
$24,801 - $29,500 | -0- | -0- | -0- | -0- | 396 | 792 | 21594 | ||||
$29,501 - $34,500 | -0- | -0- | -0- | -0- | -0- | 396 | 21595 | ||||
Over $34,500 | -0- | -0- | -0- | -0- | -0- | -0- | 21596 |
21597 |
21598 |
Maximum Grant $5,466 | 21599 | ||
Gross Income | Number of Dependents | 21600 |
0 | 1 | 2 | 3 | 4 | 5 or more | 21601 |
$0 - $4,800 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 21602 | ||||
$4,801 - $5,300 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 5,466 | 21603 | ||||
$5,301 - $5,800 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 21604 | ||||
$5,801 - $6,300 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 21605 | ||||
$6,301 - $6,800 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 21606 | ||||
$6,801 - $7,300 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 21607 | ||||
$7,301 - $8,300 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 21608 | ||||
$8,301 - $9,300 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 21609 | ||||
$9,301 - $10,300 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 21610 | ||||
$10,301 - $11,800 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 21611 | ||||
$11,801 - $13,300 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 21612 | ||||
$13,301 - $14,800 | 888 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 21613 | ||||
$14,801 - $16,300 | 444 | 888 | 984 | 1,080 | 1,344 | 1,626 | 21614 | ||||
$16,301 - $19,300 | -- | 444 | 888 | 984 | 1,080 | 1,344 | 21615 | ||||
$19,301 - $22,300 | -- | -- | 444 | 888 | 984 | 1,080 | 21616 | ||||
$22,301 - $25,300 | -- | -- | -- | 444 | 888 | 984 | 21617 | ||||
$25,301 - $30,300 | -- | -- | -- | -- | 444 | 888 | 21618 | ||||
$30,301 - $35,300 | -- | -- | -- | -- | -- | 444 | 21619 |
For a full-time student who is a dependent and enrolled in an | 21620 |
educational institution that holds a certificate of registration | 21621 |
from the state board of proprietary school registration, the | 21622 |
amount of the instructional grant for two semesters, three | 21623 |
quarters, or a comparable portion of the academic year shall be | 21624 |
determined in accordance with the following table: | 21625 |
21626 |
Maximum Grant $4,128 | 21627 | ||
Gross Income | Number of Dependents | 21628 |
1 | 2 | 3 | 4 | 5 or more | 21629 |
Under $13,001 | $4,128 | $4,128 | $4,128 | $4,128 | $4,128 | 21630 | ||||||
$13,001 - $14,000 | 3,726 | 4,128 | 4,128 | 4,128 | 4,128 | 21631 | ||||||
$14,001 - $15,000 | 3,288 | 3,726 | 4,128 | 4,128 | 4,128 | 21632 | ||||||
$15,001 - $16,000 | 2,874 | 3,288 | 3,726 | 4,128 | 4,128 | 21633 | ||||||
$16,001 - $17,000 | 2,490 | 2,874 | 3,288 | 3,726 | 4,128 | 21634 | ||||||
$17,001 - $20,000 | 2,046 | 2,490 | 2,874 | 3,288 | 3,726 | 21635 | ||||||
$20,001 - $23,000 | 1,656 | 2,046 | 2,490 | 2,874 | 3,288 | 21636 | ||||||
$23,001 - $26,000 | 1,266 | 1,656 | 2,046 | 2,490 | 2,874 | 21637 | ||||||
$26,001 - $29,000 | 1,014 | 1,266 | 1,656 | 2,046 | 2,490 | 21638 | ||||||
$29,001 - $30,000 | 810 | 1,014 | 1,266 | 1,656 | 2,046 | 21639 | ||||||
$30,001 - $31,000 | 762 | 810 | 1,014 | 1,266 | 1,656 | 21640 | ||||||
$31,001 - $32,000 | 672 | 762 | 810 | 1,014 | 1,266 | 21641 | ||||||
$32,001 - $33,000 | 336 | 672 | 762 | 810 | 1,014 | 21642 | ||||||
$33,001 - $34,000 | -0- | 336 | 672 | 762 | 810 | 21643 | ||||||
$34,001 - $35,000 | -0- | -0- | 336 | 672 | 762 | 21644 | ||||||
$35,001 - $36,000 | -0- | -0- | -0- | 336 | 672 | 21645 | ||||||
$36,001 - $37,000 | -0- | -0- | -0- | -0- | 336 | 21646 | ||||||
Over $37,000 | -0- | -0- | -0- | -0- | -0- | 21647 |
21648 |
21649 |
Maximum Grant $4,632 | 21650 | ||
Gross Income | Number of Dependents | 21651 |
1 | 2 | 3 | 4 | 5 or more | 21652 |
$0 - $15,000 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 21653 | ||||||
$15,001 - $16,000 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 21654 | ||||||
$16,001 - $17,000 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 21655 | ||||||
$17,001 - $18,000 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 21656 | ||||||
$18,001 - $19,000 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 21657 | ||||||
$19,001 - $22,000 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 21658 | ||||||
$22,001 - $25,000 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 21659 | ||||||
$25,001 - $28,000 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 21660 | ||||||
$28,001 - $31,000 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 21661 | ||||||
$31,001 - $32,000 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 21662 | ||||||
$32,001 - $33,000 | 852 | 906 | 1,134 | 1,416 | 1,854 | 21663 | ||||||
$33,001 - $34,000 | 750 | 852 | 906 | 1,134 | 1,416 | 21664 | ||||||
$34,001 - $35,000 | 372 | 750 | 852 | 906 | 1,134 | 21665 | ||||||
$35,001 - $36,000 | -- | 372 | 750 | 852 | 906 | 21666 | ||||||
$36,001 - $37,000 | -- | -- | 372 | 750 | 852 | 21667 | ||||||
$37,001 - $38,000 | -- | -- | -- | 372 | 750 | 21668 | ||||||
$38,001 - $39,000 | -- | -- | -- | -- | 372 | 21669 |
For a full-time student who is financially independent and | 21670 |
enrolled in an educational institution that holds a certificate of | 21671 |
registration from the state board of proprietary school | 21672 |
registration, the amount of the instructional grant for two | 21673 |
semesters, three quarters, or a comparable portion of the academic | 21674 |
year shall be determined in accordance with the following table: | 21675 |
21676 |
Maximum Grant $4,128 | 21677 | ||
Gross Income | Number of Dependents | 21678 |
0 | 1 | 2 | 3 | 4 | 5 or more | 21679 |
Under $4,201 | $4,128 | $4,128 | $4,128 | $4,128 | $4,128 | $4,128 | 21680 | ||||
$4,201 - $4,800 | 3,726 | 4,128 | 4,128 | 4,128 | 4,128 | 4,128 | 21681 | ||||
$4,801 - $5,300 | 3,288 | 3,726 | 4,128 | 4,128 | 4,128 | 4,128 | 21682 | ||||
$5,301 - $5,800 | 2,874 | 3,288 | 3,726 | 4,128 | 4,128 | 4,128 | 21683 | ||||
$5,801 - $6,300 | 2,490 | 2,874 | 3,288 | 3,726 | 4,128 | 4,128 | 21684 | ||||
$6,301 - $6,800 | 2,046 | 2,490 | 2,874 | 3,288 | 3,726 | 4,128 | 21685 | ||||
$6,801 - $7,800 | 1,656 | 2,046 | 2,490 | 2,874 | 3,288 | 3,726 | 21686 | ||||
$7,801 - $8,800 | 1,266 | 1,656 | 2,046 | 2,490 | 2,874 | 3,288 | 21687 | ||||
$8,801 - $9,800 | 1,014 | 1,266 | 1,656 | 2,046 | 2,490 | 2,874 | 21688 | ||||
$9,801 - $11,300 | 810 | 1,014 | 1,266 | 1,656 | 2,046 | 2,490 | 21689 | ||||
$11,301 - $12,800 | 762 | 810 | 1,014 | 1,266 | 1,656 | 2,046 | 21690 | ||||
$12,801 - $14,300 | 672 | 762 | 810 | 1,014 | 1,266 | 1,656 | 21691 | ||||
$14,301 - $15,800 | 336 | 672 | 762 | 810 | 1,014 | 1,266 | 21692 | ||||
$15,801 - $18,800 | -0- | 336 | 672 | 762 | 810 | 1,014 | 21693 | ||||
$18,801 - $21,800 | -0- | -0- | 336 | 672 | 762 | 810 | 21694 | ||||
$21,801 - $24,800 | -0- | -0- | -0- | 336 | 672 | 762 | 21695 | ||||
$24,801 - $29,500 | -0- | -0- | -0- | -0- | 336 | 672 | 21696 | ||||
$29,501 - $34,500 | -0- | -0- | -0- | -0- | -0- | 336 | 21697 | ||||
Over $34,500 | -0- | -0- | -0- | -0- | -0- | -0- | 21698 |
21699 |
21700 |
Maximum Grant $4,632 | 21701 | ||
Gross Income | Number of Dependents | 21702 |
0 | 1 | 2 | 3 | 4 | 5 or more | 21703 |
$0 - $4,800 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 21704 | ||||
$4,801 - $5,300 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 4,632 | 21705 | ||||
$5,301 - $5,800 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 21706 | ||||
$5,801 - $6,300 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 21707 | ||||
$6,301 - $6,800 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 21708 | ||||
$6,801 - $7,300 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 21709 | ||||
$7,301 - $8,300 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 21710 | ||||
$8,301 - $9,300 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 21711 | ||||
$9,301 - $10,300 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 21712 | ||||
$10,301 - $11,800 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 21713 | ||||
$11,801 - $13,300 | 852 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 21714 | ||||
$13,301 - $14,800 | 750 | 852 | 906 | 1,134 | 1,416 | 1,854 | 21715 | ||||
$14,801 - $16,300 | 372 | 750 | 852 | 906 | 1,134 | 1,416 | 21716 | ||||
$16,301 - $19,300 | -- | 372 | 750 | 852 | 906 | 1,134 | 21717 | ||||
$19,301 - $22,300 | -- | -- | 372 | 750 | 852 | 906 | 21718 | ||||
$22,301 - $25,300 | -- | -- | -- | 372 | 750 | 852 | 21719 | ||||
$25,301 - $30,300 | -- | -- | -- | -- | 372 | 750 | 21720 | ||||
$30,301 - $35,300 | -- | -- | -- | -- | -- | 372 | 21721 |
For a full-time student who is a dependent and enrolled in a | 21722 |
state-assisted educational institution, the amount of the | 21723 |
instructional grant for two semesters, three quarters, or a | 21724 |
comparable portion of the academic year shall be determined in | 21725 |
accordance with the following table: | 21726 |
Maximum Grant $1,956 | 21727 | ||
Gross Income | Number of Dependents | 21728 |
21729 |
1 | 2 | 3 | 4 | 5 or more | 21730 |
Under $13,001 | $1,956 | $1,956 | $1,956 | $1,956 | $1,956 | 21731 | ||||||
$13,001 - $14,000 | 1,764 | 1,956 | 1,956 | 1,956 | 1,956 | 21732 | ||||||
$14,001 - $15,000 | 1,554 | 1,764 | 1,956 | 1,956 | 1,956 | 21733 | ||||||
$15,001 - $16,000 | 1,380 | 1,554 | 1,764 | 1,956 | 1,956 | 21734 | ||||||
$16,001 - $17,000 | 1,182 | 1,380 | 1,554 | 1,764 | 1,956 | 21735 | ||||||
$17,001 - $20,000 | 966 | 1,182 | 1,380 | 1,554 | 1,764 | 21736 | ||||||
$20,001 - $23,000 | 774 | 966 | 1,182 | 1,380 | 1,554 | 21737 | ||||||
$23,001 - $26,000 | 582 | 774 | 966 | 1,182 | 1,380 | 21738 | ||||||
$26,001 - $29,000 | 468 | 582 | 774 | 966 | 1,182 | 21739 | ||||||
$29,001 - $30,000 | 378 | 468 | 582 | 774 | 966 | 21740 | ||||||
$30,001 - $31,000 | 348 | 378 | 468 | 582 | 774 | 21741 | ||||||
$31,001 - $32,000 | 318 | 348 | 378 | 468 | 582 | 21742 | ||||||
$32,001 - $33,000 | 162 | 318 | 348 | 378 | 468 | 21743 | ||||||
$33,001 - $34,000 | -0- | 162 | 318 | 348 | 378 | 21744 | ||||||
$34,001 - $35,000 | -0- | -0- | 162 | 318 | 348 | 21745 | ||||||
$35,001 - $36,000 | -0- | -0- | -0- | 162 | 318 | 21746 | ||||||
$36,001 - $37,000 | -0- | -0- | -0- | -0- | 162 | 21747 | ||||||
Over $37,000 | -0- | -0- | -0- | -0- | -0- | 21748 |
21749 |
21750 |
Maximum Grant $2,190 | 21751 | ||
Gross Income | Number of Dependents | 21752 |
1 | 2 | 3 | 4 | 5 or more | 21753 |
$0 - $15,000 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 21754 | ||||||
$15,001 - $16,000 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 21755 | ||||||
$16,001 - $17,000 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 21756 | ||||||
$17,001 - $18,000 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 21757 | ||||||
$18,001 - $19,000 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 21758 | ||||||
$19,001 - $22,000 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 21759 | ||||||
$22,001 - $25,000 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 21760 | ||||||
$25,001 - $28,000 | 648 | 864 | 1,080 | 1,320 | 1,542 | 21761 | ||||||
$28,001 - $31,000 | 522 | 648 | 864 | 1,080 | 1,320 | 21762 | ||||||
$31,001 - $32,000 | 420 | 522 | 648 | 864 | 1,080 | 21763 | ||||||
$32,001 - $33,000 | 384 | 420 | 522 | 648 | 864 | 21764 | ||||||
$33,001 - $34,000 | 354 | 384 | 420 | 522 | 648 | 21765 | ||||||
$34,001 - $35,000 | 174 | 354 | 384 | 420 | 522 | 21766 | ||||||
$35,001 - $36,000 | -- | 174 | 354 | 384 | 420 | 21767 | ||||||
$36,001 - $37,000 | -- | -- | 174 | 354 | 384 | 21768 | ||||||
$37,001 - $38,000 | -- | -- | -- | 174 | 354 | 21769 | ||||||
$38,001 - $39,000 | -- | -- | -- | -- | 174 | 21770 |
For a full-time student who is financially independent and | 21771 |
enrolled in a state-assisted educational institution, the amount | 21772 |
of the instructional grant for two semesters, three quarters, or a | 21773 |
comparable portion of the academic year shall be determined in | 21774 |
accordance with the following table: | 21775 |
21776 |
Maximum Grant $1,956 | 21777 | ||
Gross Income | Number of Dependents | 21778 |
0 | 1 | 2 | 3 | 4 | 5 or more | 21779 |
Under $4,201 | $1,956 | $1,956 | $1,956 | $1,956 | $1,956 | $1,956 | 21780 | ||||
4,201 - $4,800 | 1,764 | 1,956 | 1,956 | 1,956 | 1,956 | 1,956 | 21781 | ||||
$4,801 - $5,300 | 1,554 | 1,764 | 1,956 | 1,956 | 1,956 | 1,956 | 21782 | ||||
$5,301 - $5,800 | 1,380 | 1,554 | 1,764 | 1,956 | 1,956 | 1,956 | 21783 | ||||
$5,801 - $6,300 | 1,182 | 1,380 | 1,554 | 1,764 | 1,956 | 1,956 | 21784 | ||||
$6,301 - $6,800 | 966 | 1,182 | 1,380 | 1,554 | 1,764 | 1,956 | 21785 | ||||
$6,801 - $7,800 | 774 | 966 | 1,182 | 1,380 | 1,554 | 1,764 | 21786 | ||||
$7,801 - $8,800 | 582 | 774 | 966 | 1,182 | 1,380 | 1,554 | 21787 | ||||
$8,801 - $9,800 | 468 | 582 | 774 | 966 | 1,182 | 1,380 | 21788 | ||||
$9,801 - $11,300 | 378 | 468 | 582 | 774 | 966 | 1,182 | 21789 | ||||
$11,301 - $12,800 | 348 | 378 | 468 | 582 | 774 | 966 | 21790 | ||||
$12,801 - $14,300 | 318 | 348 | 378 | 468 | 582 | 774 | 21791 | ||||
$14,301 - $15,800 | 162 | 318 | 348 | 378 | 468 | 582 | 21792 | ||||
$15,801 - $18,800 | -0- | 162 | 318 | 348 | 378 | 468 | 21793 | ||||
$18,801 - $21,800 | -0- | -0- | 162 | 318 | 348 | 378 | 21794 | ||||
$21,801 - $24,800 | -0- | -0- | -0- | 162 | 318 | 348 | 21795 | ||||
$24,801 - $29,500 | -0- | -0- | -0- | -0- | 162 | 318 | 21796 | ||||
$29,501 - $34,500 | -0- | -0- | -0- | -0- | -0- | 162 | 21797 | ||||
Over $34,500 | -0- | -0- | -0- | -0- | -0- | -0- | 21798 |
21799 |
21800 |
Maximum Grant $2,190 | 21801 | ||
Gross Income | Number of Dependents | 21802 |
0 | 1 | 2 | 3 | 4 | 5 or more | 21803 |
$0 - $4,800 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 21804 | |||||
$4,801 - $5,300 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 2,190 | 21805 | |||||
$5,301 - $5,800 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 21806 | |||||
$5,801 - $6,300 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 21807 | |||||
$6,301 - $6,800 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 21808 | |||||
$6,801 - $7,300 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 21809 | |||||
$7,301 - $8,300 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 21810 | |||||
$8,301 - $9,300 | 648 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 21811 | |||||
$9,301 - $10,300 | 522 | 648 | 864 | 1,080 | 1,320 | 1,542 | 21812 | |||||
$10,301 - $11,800 | 420 | 522 | 648 | 864 | 1,080 | 1,320 | 21813 | |||||
$11,801 - $13,300 | 384 | 420 | 522 | 648 | 864 | 1,080 | 21814 | |||||
$13,301 - $14,800 | 354 | 384 | 420 | 522 | 648 | 864 | 21815 | |||||
$14,801 - $16,300 | 174 | 354 | 384 | 420 | 522 | 648 | 21816 | |||||
$16,301 - $19,300 | -- | 174 | 354 | 384 | 420 | 522 | 21817 | |||||
$19,301 - $22,300 | -- | -- | 174 | 354 | 384 | 420 | 21818 | |||||
$22,301 - $25,300 | -- | -- | -- | 174 | 354 | 384 | 21819 | |||||
$25,301 - $30,300 | -- | -- | -- | -- | 174 | 354 | 21820 | |||||
$30,301 - $35,300 | -- | -- | -- | -- | -- | 174 | 21821 |
(D) For a full-time student enrolled in an eligible | 21822 |
institution for a semester or quarter in addition to the portion | 21823 |
of the academic year covered by a grant determined under division | 21824 |
(C) of this section, the maximum grant amount shall be a | 21825 |
percentage of the maximum prescribed in the applicable table of | 21826 |
that division. The maximum grant for a fourth quarter shall be | 21827 |
one-third of the maximum amount prescribed under that division. | 21828 |
The maximum grant for a third semester shall be one-half of the | 21829 |
maximum amount prescribed under that division. | 21830 |
(E) No grant shall be made to any student in a course of | 21831 |
study in theology, religion, or other field of preparation for a | 21832 |
religious profession unless such course of study leads to an | 21833 |
accredited bachelor of arts, bachelor of science, associate of | 21834 |
arts, or associate of science degree. | 21835 |
(F)(1) Except as provided in division (F)(2) of this | 21836 |
section, no grant shall be made to any student for enrollment | 21837 |
during a fiscal year in an institution with a cohort default rate | 21838 |
determined by the United States secretary of education pursuant to | 21839 |
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 21840 |
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 21841 |
preceding the fiscal year, equal to or greater than thirty per | 21842 |
cent for each of the preceding two fiscal years. | 21843 |
(2) Division (F)(1) of this section does not apply to the | 21844 |
following: | 21845 |
(a) Any student enrolled in an institution that under the | 21846 |
federal law appeals its loss of eligibility for federal financial | 21847 |
aid and the United States secretary of education determines its | 21848 |
cohort default rate after recalculation is lower than the rate | 21849 |
specified in division (F)(1) of this section or the secretary | 21850 |
determines due to mitigating circumstances the institution may | 21851 |
continue to participate in federal financial aid programs. The | 21852 |
board shall adopt rules requiring institutions to provide | 21853 |
information regarding an appeal to the board. | 21854 |
(b) Any student who has previously received a grant under | 21855 |
this section who meets all other requirements of this section. | 21856 |
(3) The board shall adopt rules for the notification of all | 21857 |
institutions whose students will be ineligible to participate in | 21858 |
the grant program pursuant to division (F)(1) of this section. | 21859 |
(4) A student's attendance at an institution whose students | 21860 |
lose eligibility for grants under division (F)(1) of this section | 21861 |
shall not affect that student's eligibility to receive a grant | 21862 |
when enrolled in another institution. | 21863 |
(G) Institutions of higher education that enroll students | 21864 |
receiving instructional grants under this section shall report to | 21865 |
the board all students who have received instructional grants but | 21866 |
are no longer eligible for all or part of such grants and shall | 21867 |
refund any moneys due the state within thirty days after the | 21868 |
beginning of the quarter or term immediately following the quarter | 21869 |
or term in which the student was no longer eligible to receive all | 21870 |
or part of the student's grant. There shall be an interest charge | 21871 |
of one per cent per month on all moneys due and payable after such | 21872 |
thirty-day period. The board shall immediately notify the office | 21873 |
of budget and management and the legislative budget office of the | 21874 |
legislative service commission of all refunds so received. | 21875 |
Sec. 3333.13. (A) Money appropriated
| 21876 |
21877 | |
board of regents for the purposes of this division shall be paid | 21878 |
at the times and in the amounts necessary to meet all payments | 21879 |
required to be made
| 21880 |
Ohio public facilities commission
| 21881 |
to leases
or agreements made
| 21882 |
154.21 of the Revised Code, as certified under division (C) of | 21883 |
this section, including supplements to such certifications. | 21884 |
(B)
| 21885 |
board shall include in its estimate of proposed expenses submitted | 21886 |
pursuant to section 126.02 of the Revised Code the estimated | 21887 |
amounts of all such payments to be made by it. The board shall | 21888 |
include the estimated amounts of all such payments to
be made
| 21889 |
21890 | |
recommendations for appropriation required by division (J) of | 21891 |
section 3333.04 of the Revised Code. The director of budget and | 21892 |
management shall include in the state budget estimates provided | 21893 |
for in section 126.02 of the Revised Code the estimated amount of | 21894 |
all such payments to be made during the next biennium, and this | 21895 |
amount shall be included in the state budget to be submitted by | 21896 |
the governor to the general assembly pursuant to section 107.03 of | 21897 |
the Revised Code. | 21898 |
(C) On the first day of July of each year, or as soon | 21899 |
thereafter as is practicable, the chancellor or a vice-chancellor | 21900 |
of the board shall certify to the director the payments contracted | 21901 |
to be made, during the period of the then current appropriations | 21902 |
made for the purposes of division (A) of this section, to the | 21903 |
commission
| 21904 |
21905 | |
to leases and agreements made under division (B) of section 154.21 | 21906 |
of the Revised Code. The certification shall state the amounts | 21907 |
and dates of payment
required therefor
| 21908 |
21909 | |
pursuant to such leases and agreements to the higher education | 21910 |
bond service trust fund and other special funds established | 21911 |
pursuant to Chapter 154. of the Revised Code. If the director | 21912 |
finds such certification to be correct, the director shall | 21913 |
promptly add the director's certification thereto and submit it to | 21914 |
the treasurer of state. Such annual certification shall be | 21915 |
supplemented in similar manner upon the execution of each new | 21916 |
lease or agreement, any supplement to an existing lease or | 21917 |
agreement, or any amendment thereof, affecting the amounts of | 21918 |
those payments. | 21919 |
Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the | 21920 |
Revised Code, "term" and "academic year" mean "term" and "academic | 21921 |
year" as defined by the Ohio board of regents. | 21922 |
The board shall establish and administer an academic | 21923 |
scholarship program. Under the program, a total of one thousand | 21924 |
new scholarships shall be awarded annually in the amount of not | 21925 |
less than two thousand dollars per award. At least one such new | 21926 |
scholarship shall be awarded annually to a student in each public | 21927 |
high school and joint vocational school and each nonpublic high | 21928 |
school for which the state board of education prescribes minimum | 21929 |
standards in accordance with section 3301.07 of the Revised Code. | 21930 |
To be eligible for the award of a scholarship, a student | 21931 |
shall be a resident of Ohio and shall be enrolled as a full-time | 21932 |
undergraduate student in an Ohio institution of higher education | 21933 |
that meets the requirements of Title VI of the "Civil Rights Act | 21934 |
of 1964" and is state-assisted, is nonprofit and holds a | 21935 |
certificate of authorization issued under section 1713.02 of the | 21936 |
Revised Code, or holds a certificate of registration and program | 21937 |
authorization issued under section 3332.05 of the Revised Code and | 21938 |
awards an associate or bachelor's degree. Students who attend an | 21939 |
institution holding a certificate of registration shall be | 21940 |
enrolled in a program leading to an associate or bachelor's degree | 21941 |
for which associate or bachelor's degree program the institution | 21942 |
has program authorization to offer the program issued under | 21943 |
section 3332.05 of the Revised Code. | 21944 |
"Resident" and "full-time student" shall be defined by board | 21945 |
rule. | 21946 |
The board shall award the scholarships on the basis of a | 21947 |
formula designed by it to identify students with the highest | 21948 |
capability for successful college study. The formula shall weigh | 21949 |
the factor of achievement, as measured by grade point average, and | 21950 |
the factor of ability, as measured by performance on a competitive | 21951 |
examination specified by the board. Students receiving | 21952 |
scholarships shall be known as "Ohio academic scholars." Annually, | 21953 |
not later than the thirty-first day of July, the board shall | 21954 |
report to the governor and the general assembly on the performance | 21955 |
of current Ohio academic scholars and the effectiveness of its | 21956 |
formula. | 21957 |
Sec. 3333.22. Each Ohio academic scholarship shall be | 21958 |
awarded for an academic year and may be renewed for each of three | 21959 |
additional academic years. The scholarship amount awarded to a | 21960 |
scholar for an academic year shall be not less than two thousand | 21961 |
dollars. A scholarship shall be renewed if the scholar maintains | 21962 |
an academic record satisfactory to the Ohio board of regents and | 21963 |
meets any of the following conditions: | 21964 |
(A) The scholar is enrolled as a full-time undergraduate; | 21965 |
(B) The scholar was awarded an undergraduate degree in less | 21966 |
than four academic years and is enrolled as a full-time graduate | 21967 |
or professional student in an Ohio institution of higher education | 21968 |
that meets the requirements of Title VI of the "Civil Rights Act | 21969 |
of 1964" and is state-assisted or is nonprofit and holds a | 21970 |
certificate of authorization issued under section 1713.02 of the | 21971 |
Revised Code; | 21972 |
(C) The scholar is a full-time student concurrently enrolled | 21973 |
as an undergraduate student and as a graduate or professional | 21974 |
student in an Ohio institution of higher education that meets the | 21975 |
requirements of division (B) of this section. | 21976 |
Each amount awarded shall be paid in equal installments to | 21977 |
the scholar at the time of enrollment for each term of the | 21978 |
academic year for which the scholarship is awarded or renewed. No | 21979 |
scholar is eligible to receive an Ohio academic scholarship for | 21980 |
more than the equivalent of four academic years. | 21981 |
If an Ohio academic scholar is temporarily unable to attend | 21982 |
school because of illness or other cause satisfactory to the | 21983 |
board, the board may grant a leave of absence for a designated | 21984 |
period of time. If a scholar discontinues full-time attendance at | 21985 |
the scholar's school during a term because of illness or other | 21986 |
cause satisfactory to the board, the scholar may either claim a | 21987 |
prorated payment for the period of actual attendance or waive | 21988 |
payment for that term. A term for which prorated payment is made | 21989 |
shall be considered a full term for which a scholarship was | 21990 |
received. A term for which payment is waived shall not be | 21991 |
considered a term for which a scholarship was received. | 21992 |
Receipt of an Ohio academic scholarship shall not affect a | 21993 |
scholar's eligibility for the Ohio instructional grant program. | 21994 |
Sec. 3345.19. In the exercise of their respective powers of | 21995 |
government conferred by Chapter 3345. of the Revised Code and | 21996 |
other pertinent provisions of law, the boards of trustees of | 21997 |
Bowling Green state university, Kent state university, Miami | 21998 |
university, Ohio university, and the Ohio state university shall | 21999 |
observe the following enrollment limitations insofar as the autumn | 22000 |
quarter enrollment or any other quarter enrollment on a full-time | 22001 |
equivalent basis as defined by the Ohio board of regents is | 22002 |
concerned: | 22003 |
Bowling Green central campus | 16,000 17,000 | 22004 | |||
Kent central campus | 21,000 22,000 | 22005 | |||
Miami central campus | 16,000 17,000 | 22006 | |||
Ohio university central campus | 21,000 22,000 | 22007 | |||
The Ohio state central campus | 41,000 42,000 | 22008 |
Campus student housing facilities shall only be authorized by | 22009 |
boards of trustees within these limitations | 22010 |
22011 | |
22012 | |
22013 |
Sec. 3353.07.
| 22014 |
amendment, the Ohio educational telecommunications network | 22015 |
commission shall
| 22016 |
operate the Ohio
government telecommunications
| 22017 |
operated by the capitol square review and advisory board prior to | 22018 |
the effective date of this amendment. | 22019 |
Sec. 3353.11. There is hereby created in the state treasury | 22020 |
the governmental television/telecommunications operating fund. The | 22021 |
fund shall consist of money received from contract productions of | 22022 |
the Ohio government telecommunications studio and shall be used | 22023 |
for operations or equipment breakdowns related to the studio. All | 22024 |
investment earnings on the fund shall be credited to the fund. | 22025 |
Sec. 3383.01. As used in this chapter: | 22026 |
(A) "Arts" means any of the following: | 22027 |
(1) Visual, musical, dramatic, graphic, and
other arts
| 22028 |
22029 | |
literature, motion pictures, music, painting, photography, | 22030 |
sculpture, and theater; | 22031 |
(2) The presentation or making available, in museums or | 22032 |
other indoor or outdoor facilities, of principles of science and | 22033 |
their development, use, or application in business, industry, or | 22034 |
commerce or of the history, heritage, development, presentation, | 22035 |
and uses of the arts
| 22036 |
of this section and of transportation; | 22037 |
(3) The preservation, presentation, or making available of | 22038 |
features of archaeological, architectural, environmental, or | 22039 |
historical interest or significance in a state historical facility | 22040 |
or a local historical facility. | 22041 |
(B) "Arts organization" means either of the following: | 22042 |
(1) A governmental agency or Ohio nonprofit corporation that | 22043 |
provides programs or activities in areas directly concerned with | 22044 |
the arts; | 22045 |
(2) A regional arts and cultural district as defined in | 22046 |
section 3381.01 of the Revised Code. | 22047 |
(C) "Arts project" means all or any portion of an Ohio arts | 22048 |
facility for which the general assembly has specifically | 22049 |
authorized the spending of money, or made an appropriation, | 22050 |
pursuant to division (D)(3) or (E) of section 3383.07 of the | 22051 |
Revised Code. | 22052 |
(D) "Cooperative contract" means a contract between the Ohio | 22053 |
arts and sports facilities commission and an arts organization | 22054 |
providing the terms and conditions of the cooperative use of an | 22055 |
Ohio arts facility. | 22056 |
(E) "Costs of operation" means amounts required to manage an | 22057 |
Ohio arts facility that are incurred following the completion of | 22058 |
construction of its arts project, provided that both of the | 22059 |
following apply: | 22060 |
(1) Those amounts either: | 22061 |
(a) Have been committed to a fund dedicated to that purpose; | 22062 |
(b) Equal the principal of any endowment fund, the income | 22063 |
from which is dedicated to that purpose. | 22064 |
(2) The commission and the arts organization have executed | 22065 |
an agreement with respect to either of those funds. | 22066 |
| 22067 |
services for an Ohio arts facility or an Ohio sports facility, | 22068 |
including, but not limited to, general custodial care, security, | 22069 |
maintenance, repair, painting, decoration, cleaning, utilities, | 22070 |
fire safety, grounds and site maintenance and upkeep, and | 22071 |
plumbing. | 22072 |
| 22073 |
state-supported or state-assisted institution of higher education, | 22074 |
a municipal corporation, county, township, or school district, a | 22075 |
port authority created under Chapter 4582. of the Revised Code, | 22076 |
any other political subdivision or special district in this state | 22077 |
established by or pursuant to law, or any combination of these | 22078 |
entities; except where otherwise indicated, the United States or | 22079 |
any department, division, or agency of the United States, or any | 22080 |
agency, commission, or authority established pursuant to an | 22081 |
interstate compact or agreement. | 22082 |
| 22083 |
provided by or on behalf of an arts organization from sources | 22084 |
other than the state, the value and nature of which shall be | 22085 |
approved by the Ohio arts and sports facilities commission, in its | 22086 |
sole discretion. "Local contributions" may include the value of | 22087 |
the site where an arts project is to be constructed. All "local | 22088 |
contributions," except a contribution attributable to such a site, | 22089 |
shall be for the costs of construction of an arts project or the | 22090 |
costs of operation of an arts facility. | 22091 |
| 22092 |
other than a state historical facility, of archaeological, | 22093 |
architectural, environmental, or historical interest or | 22094 |
significance, or a facility, including a storage facility, | 22095 |
appurtenant to the operations of such a site or facility, that is | 22096 |
owned by an arts organization, provided the facility meets the | 22097 |
requirements of division
| 22098 |
by or pursuant to a contract with the Ohio arts and sports | 22099 |
facilities commission, and is used for or in connection with the | 22100 |
activities of the commission, including the presentation or making | 22101 |
available of arts to the public. | 22102 |
| 22103 |
provision of, or the exercise of control over the provision of, | 22104 |
activities: | 22105 |
(1) Relating to the arts for an Ohio arts facility, | 22106 |
including as applicable, but not limited to, providing for | 22107 |
displays, exhibitions, specimens, and models; booking of artists, | 22108 |
performances, or presentations; scheduling; and hiring or | 22109 |
contracting for directors, curators, technical and scientific | 22110 |
staff, ushers, stage managers, and others directly related to the | 22111 |
arts activities in the facility; but not including general | 22112 |
building services; | 22113 |
(2) Relating to sports and athletic events for an Ohio | 22114 |
sports facility, including as applicable, but not limited to, | 22115 |
providing for booking of athletes, teams, and events; scheduling; | 22116 |
and hiring or contracting for staff, ushers, managers, and others | 22117 |
directly related to the sports and athletic events in the | 22118 |
facility; but not including general building services. | 22119 |
| 22120 |
(1) The three theaters located in the state office tower at | 22121 |
77 South High street in Columbus; | 22122 |
(2) Any capital facility in this state to which
| 22123 |
the following apply: | 22124 |
(a) The construction of an arts project related to the | 22125 |
facility was authorized or funded by the general assembly pursuant | 22126 |
to division (D)(3) of section 3383.07 of the Revised Code and | 22127 |
proceeds of state bonds are used for costs of the arts project. | 22128 |
(b)
| 22129 |
22130 | |
22131 | |
22132 | |
22133 | |
22134 | |
22135 | |
22136 | |
22137 | |
22138 | |
22139 | |
22140 | |
22141 | |
22142 |
| 22143 |
a cooperative or management contract with, the Ohio arts and | 22144 |
sports facilities commission, and is used for or in connection | 22145 |
with the activities of the commission, including the presentation | 22146 |
or making available of arts to the public. A cooperative or | 22147 |
management contract shall be for a term not less than the time | 22148 |
remaining to the date of payment or provision for payment of any | 22149 |
state bonds issued to pay the costs of the arts project, as | 22150 |
determined by the director of budget and management and certified | 22151 |
by the director to the Ohio arts and sports facilities commission | 22152 |
and to the Ohio building authority. | 22153 |
(3) A state historical facility or a local historical | 22154 |
facility. | 22155 |
| 22156 |
officers, boards, commissions, authorities, departments, | 22157 |
divisions, or other units or agencies. | 22158 |
| 22159 |
acquisition by lease-purchase, demolition, reconstruction, | 22160 |
alteration, renovation, remodeling, enlargement, improvement, site | 22161 |
improvements, and related equipping and furnishing. | 22162 |
| 22163 |
of archaeological, architectural, environmental, or historical | 22164 |
interest or significance, or a facility, including a storage | 22165 |
facility, appurtenant to the operations of such a site or | 22166 |
facility, that is owned by or is located on real property owned by | 22167 |
the state or by an arts organization, so long as the real property | 22168 |
of the arts organization
| 22169 |
22170 | |
property that is in the care, custody, and control of an arts | 22171 |
organization, and that is managed directly by or
| 22172 |
a cooperative or management contract with the Ohio arts and sports | 22173 |
facilities commission | 22174 |
the activities of the commission, including the presentation or | 22175 |
making available of arts to the public. | 22176 |
| 22177 |
stadium,
arena, or other capital facility in
| 22178 |
primary purpose of which is to provide a site or venue for the | 22179 |
presentation to the public of events of one or more major or minor | 22180 |
league professional athletic or sports teams that are associated | 22181 |
with the state or with a city or region of the state, which | 22182 |
facility is owned by or is located on real property owned by the | 22183 |
state or a governmental agency, and including all parking | 22184 |
facilities, walkways, and other auxiliary facilities, equipment, | 22185 |
furnishings, and real and personal property and interests and | 22186 |
rights therein, that may be appropriate for or used for or in | 22187 |
connection with the facility or its operation, for capital costs | 22188 |
of which state funds are spent pursuant to this chapter. A | 22189 |
facility constructed as an Ohio sports facility may be both an | 22190 |
Ohio arts facility and an Ohio sports facility. | 22191 |
Sec. 3383.02. (A) There is hereby created the Ohio arts and | 22192 |
sports facilities commission. Notwithstanding any provision to | 22193 |
the contrary contained in Chapter 152. of the Revised Code, the | 22194 |
commission shall engage in and provide for the development, | 22195 |
performance, and presentation or making available of the arts and | 22196 |
professional sports and athletics to the public in this state by | 22197 |
the exercise of its powers under this chapter, including the | 22198 |
provision, operation,
| 22199 |
arts facilities and Ohio sports facilities. The commission is a | 22200 |
body corporate and politic, an agency of state government and an | 22201 |
instrumentality of the state, performing essential governmental | 22202 |
functions of this state. The carrying out of the purposes and the | 22203 |
exercise by the commission of its powers conferred by this chapter | 22204 |
are essential public functions and public purposes of the state | 22205 |
and of state government. The commission may, in its own name, sue | 22206 |
and be sued, enter into contracts, and perform all the powers and | 22207 |
duties given to it by this chapter but it does not have and shall | 22208 |
not exercise the power of eminent domain. | 22209 |
(B) The commission shall consist of
| 22210 |
seven of whom shall be voting members and three of whom shall be | 22211 |
nonvoting
members. The
| 22212 |
appointed by the governor, with the advice and consent of the | 22213 |
senate, from different geographical regions of the state. In | 22214 |
addition, one of the voting members shall represent the state | 22215 |
architect. Not more than
| 22216 |
the governor shall be affiliated with the same political party. | 22217 |
The nonvoting members shall be the staff director of the Ohio arts | 22218 |
council, a member of the senate appointed by the president of the | 22219 |
senate, and a member of the house of representatives appointed by | 22220 |
the speaker of the house. | 22221 |
(C) Of the five initial appointments made by the governor, | 22222 |
one shall be for a term expiring December 31, 1989, two shall be | 22223 |
for terms expiring December 31, 1990, and two shall be for terms | 22224 |
expiring December 31, 1991. Of the initial appointments of the | 22225 |
sixth and seventh voting members appointed by the governor as a | 22226 |
result of this amendment, one shall be for a term expiring | 22227 |
December 31, 2003, and one shall be for a term expiring December | 22228 |
31, 2004. Thereafter, each such term shall be for three years, | 22229 |
commencing on the first day of January and ending on the | 22230 |
thirty-first day of December. Each appointment by the president | 22231 |
of the senate and by the speaker of the house of representatives | 22232 |
shall be for the balance of the then legislative biennium. Each | 22233 |
member shall hold office from the date of the member's appointment | 22234 |
until the end of the term for which the member was appointed. Any | 22235 |
member appointed to fill a vacancy occurring prior to the | 22236 |
expiration of the term for which the member's predecessor was | 22237 |
appointed shall hold office for the remainder of such term. Any | 22238 |
member shall continue in office subsequent to the expiration date | 22239 |
of the member's term until the member's successor takes office, or | 22240 |
until a period of sixty days has elapsed, whichever occurs first. | 22241 |
(D) Members of the commission shall serve without | 22242 |
compensation. | 22243 |
(E)
| 22244 |
22245 | |
22246 | |
22247 | |
22248 | |
Organizational meetings of the commission shall be held at the | 22249 |
first meeting of each calendar year. At each organizational | 22250 |
meeting, the commission shall elect from among its voting members | 22251 |
a chairperson, a vice-chairperson, and a secretary-treasurer, who | 22252 |
shall serve until the next annual meeting. The commission shall | 22253 |
adopt rules pursuant to section 111.15 of the Revised Code for the | 22254 |
conduct of its internal business and shall keep a journal of its | 22255 |
proceedings. | 22256 |
(F)
| 22257 |
quorum, and the affirmative vote of
| 22258 |
necessary for approval of any action taken by the commission. A | 22259 |
vacancy in the membership of the commission does not impair a | 22260 |
quorum from exercising all the rights and performing all the | 22261 |
duties of the commission. Meetings of the commission may be held | 22262 |
anywhere in the state, and shall be held in compliance with | 22263 |
section 121.22 of the Revised Code. | 22264 |
(G) All expenses incurred in carrying out this chapter are | 22265 |
payable solely from money accrued under this chapter or | 22266 |
appropriated for these purposes by the general assembly, and the | 22267 |
commission shall incur no liability or obligation beyond such | 22268 |
money. | 22269 |
(H) The commission shall file an annual report of its | 22270 |
activities and finances with the governor, director of budget and | 22271 |
management, speaker of the house of representatives, president of | 22272 |
the senate, and chairpersons of the house and senate finance | 22273 |
committees. | 22274 |
(I) There is hereby established in the state treasury the | 22275 |
Ohio arts and sports facilities commission administration fund. | 22276 |
All revenues of the commission shall be credited to that fund and | 22277 |
to any accounts created in the fund with the commission's | 22278 |
approval. All expenses of the commission, including reimbursement | 22279 |
of, or payment to, any other fund or any governmental agency for | 22280 |
advances made or services rendered to or on behalf of the | 22281 |
commission, shall be paid from the Ohio arts and sports facilities | 22282 |
commission administration fund as determined by or pursuant to | 22283 |
directions of the commission. All investment earnings of the | 22284 |
administration fund shall be credited to the fund and shall be | 22285 |
allocated among any accounts created in the fund in the manner | 22286 |
determined by the commission. | 22287 |
(J) Title to all real property and lesser interests in real | 22288 |
property acquired by the commission, including leasehold and other | 22289 |
interests, pursuant to this chapter shall be taken in the name of | 22290 |
the state and shall be held for the use and benefit of the | 22291 |
commission. The commission shall not mortgage such real property | 22292 |
and interests in real property. Title to other property and | 22293 |
interests in it acquired by the commission pursuant to this | 22294 |
chapter shall be taken in its name. | 22295 |
Sec. 3383.04. The Ohio arts and sports facilities commission | 22296 |
may: | 22297 |
(A) Employ and fix the compensation of an executive director | 22298 |
and such other employees as will facilitate the activities and | 22299 |
purposes of the commission. Any executive director shall serve at | 22300 |
the pleasure of the commission and may serve part-time. Other | 22301 |
employees shall be employed by and serve at the pleasure of the | 22302 |
commission or the executive director, as determined by the | 22303 |
commission. | 22304 |
(B) Adopt, amend, and rescind, pursuant to section 111.15 of | 22305 |
the Revised Code, rules for the management and operation of Ohio | 22306 |
arts facilities and Ohio sports facilities and for the exercise of | 22307 |
all of the commission's rights with respect to those facilities; | 22308 |
(C) Own, construct or provide for the construction of, | 22309 |
lease, equip, furnish, administer, and manage or provide for the | 22310 |
operation and management of, and cooperate in the use of, Ohio | 22311 |
arts facilities and Ohio sports facilities; | 22312 |
(D) Dispose of, whether by sale, lease, lease-purchase, | 22313 |
sublease, re-lease, or otherwise, real and personal property, and | 22314 |
lesser interests in it, held or owned by the state for the use and | 22315 |
benefit of the commission or held or owned by the commission, if | 22316 |
not needed for the commission's purposes, upon such terms as the | 22317 |
commission determines, subject to approval by the governor in the | 22318 |
case of real property and interests in it; | 22319 |
(E) Grant such easements and other interests in real or | 22320 |
personal property of the commission as will not interfere with the | 22321 |
use of the property as an Ohio arts facility or an Ohio sports | 22322 |
facility; | 22323 |
(F) Fix, alter, and collect rentals and other charges for | 22324 |
the use or availability for use of Ohio arts facilities or an Ohio | 22325 |
sports facility, as determined solely by the commission, for the | 22326 |
purpose of providing for all or a portion of the costs and | 22327 |
expenses of the commission, and the costs to be paid by the | 22328 |
commission of leasing, constructing, equipping, repairing, | 22329 |
maintaining, administering,
| 22330 |
use of Ohio arts facilities, including rentals to be paid by the | 22331 |
commission for any Ohio arts facilities or for any Ohio sports | 22332 |
facility; | 22333 |
(G) Lease, sublease, cooperate in the use of, or otherwise | 22334 |
make available to an arts organization, Ohio arts facilities, and | 22335 |
to any governmental agency or nonprofit corporation, Ohio sports | 22336 |
facilities, including real and personal property, or any interests | 22337 |
in it, to carry out the purposes of this chapter; | 22338 |
(H) Contract with, retain the services of, or designate, and | 22339 |
fix the compensation of, such agents, accountants, attorneys, | 22340 |
consultants, advisers, and other independent contractors as may be | 22341 |
necessary or desirable to carry out the purposes of this chapter; | 22342 |
(I) Procure insurance against loss to the commission by | 22343 |
reason of damages to or nonusability of its property resulting | 22344 |
from fire, theft, accident, or other casualties, or by reason of | 22345 |
its liability for any damages to persons or property, including | 22346 |
but not limited to, general liability insurance, business | 22347 |
interruption insurance, liability insurance for members, officers, | 22348 |
and employees, and copyright liability insurance; | 22349 |
(J) Receive and accept gifts, grants, devises, bequests, | 22350 |
loans, and any other financial or other form of aid or assistance | 22351 |
from any governmental agency or other person and enter into any | 22352 |
contract or agreement with any such agency or other person in | 22353 |
connection therewith, and receive and accept aid or contributions | 22354 |
from any other source of money, real or personal property, labor, | 22355 |
or other things of value, to be held, used, and applied only for | 22356 |
the purposes for which the aid and contributions are made and | 22357 |
according to their terms and conditions, all within the purposes | 22358 |
of this chapter; | 22359 |
(K) Make and enter into all contracts, commitments, and | 22360 |
agreements, and execute all instruments, necessary or incidental | 22361 |
to the performance of its duties and the execution of its rights | 22362 |
and powers under this chapter; | 22363 |
(L) Do anything necessary or appropriate to carry out the | 22364 |
purposes of and exercise the powers granted in this chapter; | 22365 |
(M) Contract with any governmental agency or nonprofit | 22366 |
corporation to provide or cause to be provided services, including | 22367 |
general building services, in, to, or for an Ohio arts facility or | 22368 |
any Ohio sports facility, or with an arts organization for the | 22369 |
management of an Ohio arts facility, or with a governmental agency | 22370 |
or nonprofit corporation for the management of an Ohio sports | 22371 |
facility, all in furtherance of the state function, and make | 22372 |
contracts pursuant to divisions (A) and (B) of section 3383.07 of | 22373 |
the Revised Code, except that nothing in this chapter limits the | 22374 |
exercise of the care, custody, control, and management of those | 22375 |
state historical facilities specified in section 149.30 of the | 22376 |
Revised Code. | 22377 |
Sec. 3383.07. (A) The department of administrative services | 22378 |
shall provide for the construction of an arts project in | 22379 |
conformity with Chapter 153. of the Revised Code, except as | 22380 |
follows: | 22381 |
(1) For an arts project that has an estimated construction | 22382 |
cost, excluding the cost of acquisition, of twenty-five million | 22383 |
dollars or more, and that is financed by the Ohio building | 22384 |
authority, construction services may be provided by the authority | 22385 |
if the authority determines it should provide those services. | 22386 |
(2) For an arts project other than a state historical | 22387 |
facility, construction services may be provided on behalf of the | 22388 |
state by the Ohio arts and sports facilities commission, or by a | 22389 |
governmental agency or an arts organization that occupies, will | 22390 |
occupy, or is responsible for the Ohio arts facility, as | 22391 |
determined by the
| 22392 |
commission. Construction services to be provided by a | 22393 |
governmental agency or an arts organization shall be specified in | 22394 |
an agreement between the commission and the governmental agency or | 22395 |
arts organization. The agreement, or any actions taken under it, | 22396 |
are not subject to Chapter 123. or 153. of the Revised Code, | 22397 |
except for sections 123.151 and 153.011 of the Revised Code, and | 22398 |
shall be subject to Chapter 4115. of the Revised Code. | 22399 |
(3) For an arts project that is a state historical facility, | 22400 |
construction services may be provided by the Ohio arts and sports | 22401 |
facilities commission or by an arts organization that occupies, | 22402 |
will occupy, or is responsible for the facility, as determined by | 22403 |
the commission. The construction services to be provided by the | 22404 |
arts organization shall be specified in an agreement between the | 22405 |
commission and the arts organization | 22406 |
and any actions taken under it, are not subject to Chapter 123., | 22407 |
153., or 4115. of the Revised Code. | 22408 |
(B) For an Ohio sports facility that is financed in part by | 22409 |
the Ohio building authority, construction services shall be | 22410 |
provided on behalf of the state by or at the direction of the | 22411 |
governmental agency or nonprofit corporation that will own or be | 22412 |
responsible for the management of the facility, all as determined | 22413 |
by the Ohio arts and sports facilities commission. Any | 22414 |
construction services to be provided by a governmental agency or | 22415 |
nonprofit corporation shall be specified in an agreement between | 22416 |
the commission and the governmental agency or nonprofit | 22417 |
corporation | 22418 |
it, are not subject to Chapter 123. or 153. of the Revised Code, | 22419 |
except for sections 123.151 and 153.011 of the Revised Code, and | 22420 |
shall be subject to Chapter 4115. of the Revised Code. | 22421 |
(C) General building services for an Ohio arts facility | 22422 |
shall be provided by
| 22423 |
22424 | |
22425 | |
22426 | |
22427 | |
organization that occupies, will occupy, or is responsible for the | 22428 |
facility, as determined by the commission, except that the Ohio | 22429 |
building authority may elect to provide those services for Ohio | 22430 |
arts facilities financed with proceeds of state bonds issued by | 22431 |
the authority. The costs of management and general building | 22432 |
services shall be paid by the arts organization that occupies, | 22433 |
will occupy, or is responsible for the facility as provided in an | 22434 |
agreement between the commission and the arts organization, except | 22435 |
that the state may pay for general building services for | 22436 |
state-owned arts facilities constructed on state-owned land. | 22437 |
| 22438 |
General building services for an Ohio sports facility shall | 22439 |
be provided by or at the direction of the governmental agency or | 22440 |
nonprofit corporation that will be responsible for the management | 22441 |
of the facility, all as determined by the commission. Any general | 22442 |
building services to be provided by a governmental agency or | 22443 |
nonprofit corporation for an Ohio sports facility shall be | 22444 |
specified in an agreement between the commission and the | 22445 |
governmental agency or nonprofit corporation | 22446 |
agreement, and any actions taken under it, are not subject to | 22447 |
Chapter 123. or 153. of the Revised Code, except for sections | 22448 |
123.151 and 153.011 of the Revised Code, and shall be subject to | 22449 |
Chapter 4115. of the Revised Code. | 22450 |
(D) This division does not apply to a state historical | 22451 |
facility. No state funds, including any state bond proceeds, | 22452 |
shall be spent on the construction of any arts project under this | 22453 |
chapter unless, with respect to the arts project and to the Ohio | 22454 |
arts facility related to the project, all of the following apply: | 22455 |
(1) The Ohio arts and sports facilities commission has | 22456 |
determined that there is a need for the arts project and the Ohio | 22457 |
arts facility related to the project in the region of the state | 22458 |
| 22459 |
facility is
proposed
| 22460 |
(2) The commission has determined that, as an indication of | 22461 |
substantial regional support for the arts project, the arts | 22462 |
organization has made provision satisfactory to the commission, in | 22463 |
its sole discretion, for local contributions amounting to not less | 22464 |
than fifty per cent of the total state funding for the arts | 22465 |
project | 22466 |
(3) The general assembly has specifically authorized the | 22467 |
spending of money on, or made an appropriation for, the | 22468 |
construction of the arts project, or for rental payments relating | 22469 |
to the financing of the construction of the arts project. | 22470 |
Authorization to spend money, or an appropriation, for planning | 22471 |
the arts project does not constitute authorization to spend money | 22472 |
on, or an appropriation for, construction of the arts project. | 22473 |
(E) No state funds, including any state bond proceeds, shall | 22474 |
be spent on the construction of any state historical facility | 22475 |
under this chapter unless the general assembly has specifically | 22476 |
authorized the spending of money on, or made an appropriation for, | 22477 |
the construction of the arts project related to the facility, or | 22478 |
for rental payments relating to the financing of the construction | 22479 |
of the arts project. Authorization to spend money, or an | 22480 |
appropriation, for planning the arts project does not constitute | 22481 |
authorization to spend money on, or an appropriation for, the | 22482 |
construction of the arts project. | 22483 |
(F) State funds shall not be used to pay or reimburse more | 22484 |
than fifteen per cent of the initial estimated construction cost | 22485 |
of an Ohio sports facility, excluding any site acquisition cost, | 22486 |
and no state funds, including any state bond proceeds, shall be | 22487 |
spent on any Ohio sports facility under this chapter unless, with | 22488 |
respect to that facility, all of the following apply: | 22489 |
(1) The Ohio arts and sports facilities commission has | 22490 |
determined that there is a need for the facility in the region of | 22491 |
the state for which the facility is proposed to provide the | 22492 |
function of an Ohio sports facility as provided for in this | 22493 |
chapter. | 22494 |
(2) As an indication of substantial local support for the | 22495 |
facility, the commission has received a financial and development | 22496 |
plan satisfactory to it, and provision has been made, by agreement | 22497 |
or otherwise, satisfactory to the commission, for a contribution | 22498 |
amounting to not less than eighty-five per cent of the total | 22499 |
estimated construction cost of the facility, excluding any site | 22500 |
acquisition cost, from sources other than the state. | 22501 |
(3) The general assembly has specifically authorized the | 22502 |
spending of money on, or made an appropriation for, the | 22503 |
construction of the facility, or for rental payments relating to | 22504 |
state financing of all or a portion of the costs of constructing | 22505 |
the facility. Authorization to spend money, or an appropriation, | 22506 |
for planning or determining the feasibility of or need for the | 22507 |
facility does not constitute authorization to spend money on, or | 22508 |
an appropriation for, costs of constructing the facility. | 22509 |
(4) If state bond proceeds are being used for the Ohio | 22510 |
sports facility, the state or a governmental agency owns or has | 22511 |
sufficient property interests in the facility or in the site of | 22512 |
the facility or in the portion or portions of the facility | 22513 |
financed from proceeds of state bonds, which may include, but is | 22514 |
not limited to, the right to use or to require the use of the | 22515 |
facility for the presentation of sport and athletic events to the | 22516 |
public at the facility, extending for a period of not less than | 22517 |
the greater of the useful life of the portion of the facility | 22518 |
financed from proceeds of those bonds as determined using the | 22519 |
guidelines for maximum maturities as provided under divisions (B), | 22520 |
(C), and (D) of section 133.20 of the Revised Code, or the period | 22521 |
of time remaining to the date of payment or provision for payment | 22522 |
of outstanding state bonds allocable to costs of the facility, all | 22523 |
as determined by the director of budget and management and | 22524 |
certified by the director to the Ohio arts and sports facilities | 22525 |
commission and to the Ohio building authority. | 22526 |
Sec. 3383.09. (A) There is hereby created in the state | 22527 |
treasury the arts facilities building fund, which shall consist of | 22528 |
proceeds of obligations authorized to pay costs of arts facilities | 22529 |
projects for which appropriations are made by the general | 22530 |
assembly. All investment earnings of the fund shall be credited to | 22531 |
the fund. | 22532 |
(B) There is hereby created in the state treasury the | 22533 |
sports facilities building fund, which shall consist of proceeds | 22534 |
of obligations authorized to pay costs of sports facilities | 22535 |
projects for which appropriations are made by the general | 22536 |
assembly. All investment earnings of the fund shall be credited to | 22537 |
the fund. | 22538 |
(C) The director of budget and management may transfer, to | 22539 |
the Ohio arts and sports facilities commission administration | 22540 |
fund, investment earnings credited to the arts facilities building | 22541 |
fund and the sports facilities building fund that exceed the | 22542 |
amounts required to meet estimated federal arbitrage rebate | 22543 |
requirements when requested of the director of budget and | 22544 |
management by the chairperson or executive director of the | 22545 |
commission. | 22546 |
Sec. 3505.063. (A) When the general assembly adopts a | 22547 |
resolution proposing a constitutional amendment, it
| 22548 |
resolution, designate a group of members who voted in support of | 22549 |
the resolution to prepare arguments for the proposed amendment, | 22550 |
and a group of members who voted in opposition to the resolution | 22551 |
to prepare arguments against the proposed amendment. If no | 22552 |
members voted in opposition to the resolution, or if the general | 22553 |
assembly chooses not to designate a group of members to prepare | 22554 |
arguments for the proposed amendment or chooses not to designate a | 22555 |
group of members to prepare arguments against the proposed | 22556 |
amendment, the Ohio ballot board may prepare the relevant | 22557 |
arguments
| 22558 |
persons to prepare
| 22559 |
shall be filed with the secretary of state no later than | 22560 |
seventy-five days before the date of the election. No argument | 22561 |
shall exceed three hundred words. | 22562 |
(B) The secretary of state shall disseminate information, | 22563 |
which may include part or all of the official explanation and | 22564 |
arguments concerning proposed amendments, by means of direct mail | 22565 |
or other written publication, broadcast, or such other means, or | 22566 |
combination of means, as the Ohio ballot board may direct, in | 22567 |
order to inform the voters as fully as possible concerning | 22568 |
proposed amendments. | 22569 |
Sec. 3517.092. (A) As used in this section: | 22570 |
(1) "Appointing authority" has the same meaning as in | 22571 |
section 124.01 of the Revised Code. | 22572 |
(2) "State elected officer" means any person appointed or | 22573 |
elected to a state elective office. | 22574 |
(3) "State elective office" means any of the offices of | 22575 |
governor, lieutenant governor, secretary of state, auditor of | 22576 |
state, treasurer of state, attorney general, member of the state | 22577 |
board of education, member of the general assembly, and justice | 22578 |
and chief justice of the supreme court. | 22579 |
(4) "County elected officer" means any person appointed or | 22580 |
elected to a county elective office. | 22581 |
(5) "County elective office" means any of the offices of | 22582 |
county auditor, county treasurer, clerk of the court of common | 22583 |
pleas, sheriff, county recorder, county engineer, county | 22584 |
commissioner, prosecuting attorney, and coroner. | 22585 |
(6) "Contribution" includes a contribution to any political | 22586 |
party, campaign committee, political action committee, political | 22587 |
contributing entity, or legislative campaign fund. | 22588 |
(B) No state elected officer, no campaign committee of such | 22589 |
an officer, and no other person or entity shall knowingly solicit | 22590 |
or accept a contribution on behalf of that officer or that | 22591 |
officer's campaign committee from any of the following: | 22592 |
(1) A state employee whose appointing authority is the state | 22593 |
elected officer; | 22594 |
(2) A state employee whose appointing authority is | 22595 |
authorized or required by law to be appointed by the state elected | 22596 |
officer; | 22597 |
(3) A state employee who functions in or is employed in or | 22598 |
by the same public agency, department, division, or office as the | 22599 |
state elected officer. | 22600 |
(C) No candidate for a state elective office, no campaign | 22601 |
committee of such a candidate, and no other person or entity shall | 22602 |
knowingly solicit or accept a contribution on behalf of that | 22603 |
candidate or that candidate's campaign committee from any of the | 22604 |
following: | 22605 |
(1) A state employee at the time of the solicitation, whose | 22606 |
appointing authority will be the candidate, if elected; | 22607 |
(2) A state employee at the time of the solicitation, whose | 22608 |
appointing authority will be appointed by the candidate, if | 22609 |
elected, as authorized or required by law; | 22610 |
(3) A state employee at the time of the solicitation, who | 22611 |
will function in or be employed in or by the same public agency, | 22612 |
department, division, or office as the candidate, if elected. | 22613 |
(D) No county elected officer, no campaign committee of such | 22614 |
an officer, and no other person or entity shall knowingly solicit | 22615 |
a contribution on behalf of that officer or that officer's | 22616 |
campaign committee from any of the following: | 22617 |
(1) A county employee whose appointing authority is the | 22618 |
county elected officer; | 22619 |
(2) A county employee whose appointing authority is | 22620 |
authorized or required by law to be appointed by the county | 22621 |
elected officer; | 22622 |
(3) A county employee who functions in or is employed in or | 22623 |
by the same public agency, department, division, or office as the | 22624 |
county elected officer. | 22625 |
(E) No candidate for a county elective office, no campaign | 22626 |
committee of such a candidate, and no other person or entity shall | 22627 |
knowingly solicit a contribution on behalf of that candidate or | 22628 |
that candidate's campaign committee from any of the following: | 22629 |
(1) A county employee at the time of the solicitation, whose | 22630 |
appointing authority will be the candidate, if elected; | 22631 |
(2) A county employee at the time of the solicitation, whose | 22632 |
appointing authority will be appointed by the candidate, if | 22633 |
elected, as authorized or required by law; | 22634 |
(3) A county employee at the time of the solicitation, who | 22635 |
will function in or be employed in or by the same public agency, | 22636 |
department, division, or office as the candidate, if elected. | 22637 |
(F)(1) No public employee shall solicit a contribution from | 22638 |
any person while the public employee is performing the public | 22639 |
employee's official duties or in those areas of a public building | 22640 |
where official business is transacted or conducted. | 22641 |
(2) No person shall solicit a contribution from any public | 22642 |
employee while the public employee is performing the public | 22643 |
employee's official duties or is in those areas of a public | 22644 |
building where official business is transacted or conducted. | 22645 |
(3) As used in division (F) of this section, "public | 22646 |
employee" does not include any person holding an elective office. | 22647 |
(G) The prohibitions in divisions (B), (C), (D), (E), and | 22648 |
(F) of this section are in addition to the prohibitions in | 22649 |
sections 124.57, 1553.09, 3304.22, and 4503.032 of the Revised | 22650 |
Code. | 22651 |
Sec. 3701.142. (A) The director of health shall appoint the | 22652 |
chief and the administrative assistant of the office of women's | 22653 |
health initiatives. The director may appoint, to the extent of | 22654 |
available funds, persons to other positions determined
by
| 22655 |
director to be relevant and necessary. | 22656 |
(B) The chief shall have all of the following | 22657 |
qualifications, plus any additional qualifications the director | 22658 |
considers appropriate: | 22659 |
(1) The equivalent of a masters or higher degree in public | 22660 |
health, medicine, health sciences, environmental science, law, | 22661 |
public administration, or a related field; | 22662 |
(2) Familiarity with national maternal and child health | 22663 |
objectives of the department; | 22664 |
(3) Knowledge of or experience in women's and infants' | 22665 |
preventive health care; | 22666 |
(4) Understanding of health care delivery systems; | 22667 |
(5) A global public health perspective. | 22668 |
(C)(1) The majority of the chief's time shall be spent in | 22669 |
the performance of the following responsibilities: | 22670 |
(a) Identifying issues that affect women's health; | 22671 |
(b) Advocating for women's health concerns within the | 22672 |
department, state government, and the community; | 22673 |
(c) Serving as a liaison for the public, interest groups, | 22674 |
the department, and other state agencies on issues that affect | 22675 |
women's health; | 22676 |
(d) Developing recommendations to the director regarding | 22677 |
programs addressing women's health issues for inclusion in the | 22678 |
biennial budget and departmental strategic planning; | 22679 |
(e) Preparing materials for publication. | 22680 |
(2) In addition, the chief shall do the following: | 22681 |
(a) Develop and recommend research, funding, and program | 22682 |
activities for the intervention, treatment, and education of the | 22683 |
public on women's health initiatives including health needs | 22684 |
throughout the life cycle, reproductive health, gender bias in | 22685 |
research, chemical dependence, access to health care, health and | 22686 |
safety in the workplace, poverty and women's health, causes of | 22687 |
death in women, violence and women's health, and any other women's | 22688 |
health issue the chief considers appropriate; | 22689 |
(b) Supervise the administrative assistant and any other | 22690 |
employees assigned to the office of women's health initiatives; | 22691 |
(c) Oversee the administrative operations of the office of | 22692 |
women's health initiatives; | 22693 |
(d) Research, advise, and assist the director concerning | 22694 |
governor's office correspondence referrals, legislative | 22695 |
initiatives, rules, and similar executive decisions relating to | 22696 |
the health of women; | 22697 |
(e) Represent the director, as requested, before the general | 22698 |
assembly
| 22699 |
(D) The administrative assistant shall provide clerical and | 22700 |
administrative support as needed to the chief. | 22701 |
(E) To promote coordination of programs and of offices' | 22702 |
initiatives, the director, assistant director, deputy directors, | 22703 |
and chiefs selected by the director in the department shall attend | 22704 |
quarterly meetings regarding the activities of the office of | 22705 |
women's health initiatives. | 22706 |
(F) After considering the report submitted pursuant to | 22707 |
division (C) of section 3701.141 of the Revised Code, the director | 22708 |
of health shall develop and implement biennial initiatives on | 22709 |
women's health needs. | 22710 |
Sec. 3701.92. (A) There is hereby created in the department | 22711 |
of health the Ohio hepatitis C advisory commission. | 22712 |
(B) The commission shall consist of the following members: | 22713 |
(1) Eleven members appointed by the director of health; | 22714 |
(2) Two members of the house of representatives, one from | 22715 |
each political party, appointed by the speaker of the house of | 22716 |
representatives; | 22717 |
(3) Two members of the senate, one from each political | 22718 |
party, appointed by the president of the senate. | 22719 |
Each member shall serve without compensation for a term of | 22720 |
one year. | 22721 |
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to | 22722 |
3702.62 of the Revised Code, this section applies to the review of | 22723 |
certificate of need applications during the period beginning July | 22724 |
1, 1993, and ending
| 22725 |
(B)(1) Except as provided in division (B)(2) of this | 22726 |
section, the director of health shall neither grant nor deny any | 22727 |
application for a certificate of need submitted prior to July 1, | 22728 |
1993, if the application was for any of the following and the | 22729 |
director had not issued a written decision concerning the | 22730 |
application prior to that date: | 22731 |
(a) Approval of beds in a new health care facility or an | 22732 |
increase of beds in an existing health care facility, if the beds | 22733 |
are proposed to be licensed as nursing home beds under Chapter | 22734 |
3721. of the Revised Code; | 22735 |
(b) Approval of beds in a new county home or new county | 22736 |
nursing home as defined in section 5155.31 of the Revised Code, or | 22737 |
an increase of beds in an existing county home or existing county | 22738 |
nursing home, if the beds are proposed to be certified as skilled | 22739 |
nursing facility beds under Title XVIII or nursing facility beds | 22740 |
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 22741 |
42 U.S.C.A. 301, as amended; | 22742 |
(c) Recategorization of hospital beds as described in | 22743 |
section 3702.522 of the Revised Code, an increase of hospital beds | 22744 |
registered pursuant to section 3701.07 of the Revised Code as | 22745 |
long-term care beds or skilled nursing facility beds, or a | 22746 |
recategorization of hospital beds that would result in an increase | 22747 |
of beds registered pursuant to that section as long-term care beds | 22748 |
or skilled nursing facility beds. | 22749 |
On July 1, 1993, the director shall return each such | 22750 |
application to the applicant and, notwithstanding section 3702.52 | 22751 |
of the Revised Code regarding the uses of the certificate of need | 22752 |
fund, shall refund to the applicant the application fee paid under | 22753 |
that section. Applications returned under division (B)(1) of this | 22754 |
section may be resubmitted in accordance with section 3702.52 of | 22755 |
the Revised
Code no sooner than
| 22756 |
(2) The director shall continue to review and shall issue a | 22757 |
decision regarding any application submitted prior to July 1, | 22758 |
1993, to increase beds for either of the purposes described in | 22759 |
division (B)(1)(a) or (b) of this section if the proposed increase | 22760 |
in beds is attributable solely to a replacement or relocation of | 22761 |
existing beds within the same county. The director shall | 22762 |
authorize under such an application no additional beds beyond | 22763 |
those being replaced or relocated. | 22764 |
(C)(1) Except as provided in division (C)(2) and (3) of this | 22765 |
section, the director, during the period beginning July 1, 1993, | 22766 |
and ending
| 22767 |
review under section 3702.52 of the Revised Code any application | 22768 |
for a certificate of need for any of the purposes described in | 22769 |
divisions (B)(1)(a) to (c) of this section. | 22770 |
(2)(a) The director shall accept for review any application | 22771 |
for either of the purposes described in division (B)(1)(a) or (b) | 22772 |
of this section if either of the following apply: | 22773 |
(i) In case of an existing health care facility that is a | 22774 |
nursing home described in section 5123.192 of the Revised Code, | 22775 |
the proposed increase is attributable solely to the replacement of | 22776 |
existing beds within the same county. | 22777 |
(ii) In the case of a health care facility or county home | 22778 |
described in division (B)(1)(a) or (b) of this section, other than | 22779 |
an existing health care facility described in division | 22780 |
(C)(2)(a)(i) of this section, the proposed increase in beds is | 22781 |
attributable solely to a replacement or relocation of existing | 22782 |
beds within the
same county.
| 22783 |
(b) In the case of an existing health care facility | 22784 |
described in division (C)(2)(a)(i) of this section, the director | 22785 |
shall continue to review and shall issue a decision regarding any | 22786 |
application submitted during the period beginning on July 1, 1993, | 22787 |
and ending on the effective date of this amendment to increase | 22788 |
beds for either of the purposes described in division (B)(1)(a) or | 22789 |
(b) of this section only if the proposed increase in beds is | 22790 |
attributable solely to a relocation of existing beds within the | 22791 |
same county. An existing health care facility described in | 22792 |
division (C)(2)(a)(i) of this section that on or after the | 22793 |
effective date of this amendment seeks to increase beds for either | 22794 |
of the purposes described in division (B)(1)(a) or (b) of this | 22795 |
section shall apply for a license under section 5123.19 of the | 22796 |
Revised Code, as described in division (B) of section 5123.192 of | 22797 |
the Revised Code, if the proposed increase is attributable to a | 22798 |
relocation of existing beds within the same county. | 22799 |
(c) The director shall authorize under
| 22800 |
described in division (C)(2)(a) or (b) of this section no | 22801 |
additional beds beyond those being replaced or
relocated.
| 22802 |
(3) The director also shall accept for review any | 22803 |
application that seeks certificate of need approval for existing | 22804 |
beds located in an infirmary that is operated exclusively by a | 22805 |
religious order, provides care exclusively to members of religious | 22806 |
orders who take vows of celibacy and live by virtue of their vows | 22807 |
within the orders as if related, and was providing care | 22808 |
exclusively to members of such a religious order on January 1, | 22809 |
1994. | 22810 |
(D) The director shall issue a decision regarding any case | 22811 |
remanded by a court as the result of a decision issued by the | 22812 |
director prior to July 1, 1993, to grant, deny, or withdraw a | 22813 |
certificate of need for any of the purposes described in divisions | 22814 |
(B)(1)(a) to (c) of this section. | 22815 |
(E) The director shall not project the need for beds listed | 22816 |
in division (B)(1) of this section for the period beginning July | 22817 |
1, 1993, and ending
| 22818 |
This section is an interim section effective until
| 22819 |
22820 |
Sec. 3704.034. (A) Within sixty days after the director of | 22821 |
environmental protection or
| 22822 |
representative receives an application for the
| 22823 |
modification of a permit to install pursuant to rules adopted | 22824 |
under division (F) of
section 3704.03 of the Revised Code | 22825 |
22826 | |
issuance of an initial permit to operate pursuant to rules adopted | 22827 |
under division (G) of section 3704.03 of the Revised Code, the | 22828 |
director shall determine whether the application is substantially | 22829 |
complete or materially deficient and, in writing, shall notify the | 22830 |
applicant of
| 22831 |
fails to make such a completeness determination and provide | 22832 |
written notice of
| 22833 |
sixty days after the application was submitted, the applicant may | 22834 |
submit a written request to the director for the making of such a | 22835 |
completeness determination. | 22836 |
(B) Within thirty days after receiving a written request for | 22837 |
the making of a completeness determination on an application under | 22838 |
division (A) of this section, the director shall determine whether | 22839 |
the application is substantially complete or materially deficient | 22840 |
and, in writing, notify the applicant of
| 22841 |
the director fails to make a completeness determination and | 22842 |
provide written notice of
| 22843 |
applicant within thirty days after receiving the applicant's | 22844 |
written request for the making of the determination, the | 22845 |
application shall be deemed to have been complete in all material | 22846 |
respects at the time that it was
submitted to the director or
| 22847 |
the director's agent or authorized representative. | 22848 |
(C) If, within the time prescribed in division (A) and, if | 22849 |
applicable, division (B) of this section, the director determines | 22850 |
that an application is materially deficient, the director shall | 22851 |
return the application to the applicant. The running of the time | 22852 |
prescribed under division (A) and, if applicable, division (B) of | 22853 |
this section ceases at the time that the determination is made. If | 22854 |
the applicant subsequently resubmits the application to the | 22855 |
director, the time prescribed in division (A) of this section and, | 22856 |
if applicable, division (B) of this section shall resume running | 22857 |
at the time that the application is resubmitted. The resubmission | 22858 |
of the application constitutes a request for the making of a | 22859 |
completeness determination on the application. The director shall | 22860 |
do one of the following within the time remaining pursuant to | 22861 |
division (A) and, if applicable, division (B) of this section at | 22862 |
the time that the application is resubmitted: | 22863 |
(1) Make a completeness determination on the application | 22864 |
and, in writing, notify the applicant of
| 22865 |
(2) Issue or deny or propose to issue or deny the permit or | 22866 |
modification. | 22867 |
(D) The director shall include in each written notice of the | 22868 |
completeness of an application provided under division (A), (B), | 22869 |
or (C)(1) of this section the date on which the application was | 22870 |
determined to be complete. | 22871 |
(E) The director shall issue or deny or propose to issue or | 22872 |
deny a modification of a permit to install pursuant to rules | 22873 |
adopted under
division (F) of section 3704.03 of the Revised Code | 22874 |
22875 | |
pursuant to rules adopted under division (G) of section 3704.03 of | 22876 |
the Revised Code within one hundred eighty days after the date | 22877 |
that the application for the permit or modification was determined | 22878 |
to be complete as that date is set forth in the written notice of | 22879 |
the determination of the completeness of the application provided | 22880 |
under division (A), (B), or (C)(1) of this section or within one | 22881 |
hundred eighty days after the application is deemed to be complete | 22882 |
under division (B) of this section, as appropriate. If the | 22883 |
director fails to issue or deny or propose to issue or deny the | 22884 |
permit or modification within the appropriate | 22885 |
one-hundred-eighty-day period, the applicant may bring a mandamus | 22886 |
action to obtain a judgment that orders the director to take a | 22887 |
final action on the application. | 22888 |
(F) The director, upon
| 22889 |
the written request of the applicant and in writing, may extend | 22890 |
the time provided under division (E) of this section for issuing | 22891 |
or denying or proposing to issue or deny the permit or | 22892 |
modification for an additional sixty days if a public | 22893 |
informational meeting or public hearing was held on the | 22894 |
application for the permit or modification. | 22895 |
(G) Upon the written request of the applicant, the director, | 22896 |
in writing, may extend the time provided under division (E) of | 22897 |
this section for issuing or denying or proposing to issue or deny | 22898 |
the permit or modification for the additional time specified in | 22899 |
the applicant's request for the extension. | 22900 |
(H) Upon the written request of the person responsible for a | 22901 |
facility, the director may consolidate or group applications for | 22902 |
the issuance of permits pursuant to rules adopted under
| 22903 |
division (F) or (G) of section 3704.03 of the Revised Code, or | 22904 |
modifications or renewals of those permits, for individual air | 22905 |
contaminant sources located at the facility in order to reduce the | 22906 |
unnecessary paperwork and administrative burden to the applicant | 22907 |
and the director in connection with the issuance of those permits, | 22908 |
modifications, and renewals. Fees payable to the director under | 22909 |
section 3745.11 of the Revised Code shall not be reduced by reason | 22910 |
of any such consolidation or grouping of applications for permits, | 22911 |
modifications, or renewals. | 22912 |
Sec. 3721.07. (A) Every person desiring to operate a home and | 22913 |
the superintendent or administrator of each county home or | 22914 |
district home for which a license as a residential care facility | 22915 |
is sought shall apply for a license to the director of health. The | 22916 |
director shall issue a license for the home, if after | 22917 |
investigation of the applicant and, if required by section 3721.02 | 22918 |
of the Revised Code, inspection of the home, the following | 22919 |
requirements or conditions are satisfied or complied with: | 22920 |
| 22921 |
crime involving moral turpitude; | 22922 |
| 22923 |
by the public health council or any order issued by the director | 22924 |
of health; | 22925 |
| 22926 |
approved by the state fire marshal or a township, municipal, or | 22927 |
other legally constituted fire department approved by the marshal. | 22928 |
In the approval of a home such agencies shall apply standards | 22929 |
prescribed by the board of building standards, and by the state | 22930 |
fire marshal, and by section 3721.071 of the Revised Code. | 22931 |
| 22932 |
principal participants, if it is an association or a corporation, | 22933 |
is or are suitable financially and morally to operate a home; | 22934 |
| 22935 |
and adequate treatment and care; | 22936 |
| 22937 |
| 22938 |
procedures; | 22939 |
| 22940 |
| 22941 |
| 22942 |
supervision of a clinical pathologist who is a licensed physician | 22943 |
in this state; | 22944 |
| 22945 |
examinations are performed only by a person licensed to practice | 22946 |
medicine, surgery, or dentistry in this state. | 22947 |
| 22948 |
upon the written orders of a physician licensed in this state, | 22949 |
maternity cases, boarding children, and does not house transient | 22950 |
guests, other than participants in an adult day-care program, for | 22951 |
twenty-four hours or less; | 22952 |
| 22953 |
3721.29 of the Revised Code. | 22954 |
(B) When the director issues a license, the license shall | 22955 |
remain in effect until revoked by the director
| 22956 |
request of the applicant, or terminated as described in division | 22957 |
(D) of this section; provided, there shall be an annual renewal | 22958 |
fee payable during the month of January of each calendar year. Any | 22959 |
licensed home that does not pay its renewal fee in January shall | 22960 |
pay, beginning the first day of February, a late fee of one | 22961 |
hundred dollars for each week or part thereof that the renewal fee | 22962 |
is not paid. If either the renewal fee or the late fee is not | 22963 |
paid by the fifteenth day of February, the director may, in | 22964 |
accordance with Chapter 119. of the Revised Code, revoke the | 22965 |
home's license. | 22966 |
(C) A person whose license is revoked, and a county home or | 22967 |
district home that has its license as a residential care facility | 22968 |
revoked, for any reason other than nonpayment of the license | 22969 |
renewal fee or late fees may not apply for a new license under | 22970 |
this chapter until a period of one year following the date of | 22971 |
revocation has elapsed. | 22972 |
(D) A license issued by the director to a nursing home | 22973 |
described in section 5123.192 of the Revised Code shall terminate | 22974 |
if the nursing home obtains a license under section 5123.19 of the | 22975 |
Revised Code. | 22976 |
(E) Any applicant who is denied a license may appeal in | 22977 |
accordance with Chapter 119. of the Revised Code. | 22978 |
Sec. 3721.12. (A) The administrator of a home shall: | 22979 |
(1) With the advice of residents, their sponsors, or both, | 22980 |
establish and review at least annually, written policies regarding | 22981 |
the applicability and implementation of residents' rights under | 22982 |
sections 3721.10 to 3721.17 of the Revised Code, the | 22983 |
responsibilities of residents regarding the rights, and the home's | 22984 |
grievance procedure established under division (A)(2) of this | 22985 |
section. The administrator is responsible for the development of, | 22986 |
and adherence to, procedures implementing the policies. | 22987 |
(2) Establish a grievance committee for review of complaints | 22988 |
by residents. The grievance committee shall be comprised of the | 22989 |
home's staff and residents, sponsors, or outside representatives | 22990 |
in a ratio of not more than one staff member to every two | 22991 |
residents, sponsors, or outside representatives. | 22992 |
(3) Furnish to each resident and sponsor prior to or at the | 22993 |
time of admission, and to each member of the home's staff, at | 22994 |
least one of each of the following: | 22995 |
(a) A copy of the rights established under sections 3721.10 | 22996 |
to 3721.17 of the Revised Code; | 22997 |
(b) A written explanation of the provisions of section | 22998 |
3721.16 of the Revised Code or, for each resident described in | 22999 |
section 5111.63 of the Revised Code, the provisions of sections | 23000 |
5111.63 and 5111.64 of the Revised Code; | 23001 |
(c) A copy of the home's policies and procedures established | 23002 |
under this section; | 23003 |
(d) A copy of the home's rules; | 23004 |
(e) A copy of the addresses and telephone numbers of the | 23005 |
board of health of the health district of the county in which the | 23006 |
home is located, the county department of job and family services | 23007 |
of the county in which the home is located, the state departments | 23008 |
of health and job and family services, the state and local offices | 23009 |
of the department of aging, and any Ohio nursing home ombudsperson | 23010 |
program. | 23011 |
(B) Written acknowledgment of the receipt of copies of the | 23012 |
materials listed in this section shall be made part of the | 23013 |
resident's record and the staff member's personnel record. | 23014 |
(C) The administrator shall post all of the following | 23015 |
prominently within the home: | 23016 |
(1) A copy of the rights of residents as listed in division | 23017 |
(A) of section 3721.13 of the Revised Code; | 23018 |
(2) A copy of the home's rules and its policies and | 23019 |
procedures regarding the rights and responsibilities of residents; | 23020 |
(3) A notice that a copy of this chapter, rules of the | 23021 |
department of health applicable to the home, and federal | 23022 |
regulations adopted under Titles XVIII and XIX of the "Social | 23023 |
Security Act,"
| 23024 |
1395 and 1396, as amended, and the materials required to be | 23025 |
available in the home under section 3721.021 of the Revised Code, | 23026 |
are available for inspection in the home at reasonable hours; | 23027 |
(4) A list of residents' rights advocates; | 23028 |
(5) A notice that the following are available in a place | 23029 |
readily accessible to residents: | 23030 |
(a) If the home is licensed under section 3721.02 of the | 23031 |
Revised Code, a copy of the most recent licensure inspection | 23032 |
report prepared for the home under that section; | 23033 |
(b) If the home is a nursing facility as defined in section | 23034 |
5111.20 of the Revised Code, a copy of the most recent statement | 23035 |
of deficiencies issued to the home under section 5111.42 of the | 23036 |
Revised Code. | 23037 |
(D) The administrator of a home may, with the advice of | 23038 |
residents, their sponsors, or both, establish written policies | 23039 |
regarding the applicability and administration of any additional | 23040 |
residents' rights beyond those set forth in sections 3721.10 to | 23041 |
3721.17 of the Revised Code, and the responsibilities of residents | 23042 |
regarding the rights. Policies established under this division | 23043 |
shall be reviewed, and procedures developed and adhered to as in | 23044 |
division (A)(1) of this section. | 23045 |
Sec. 3721.16. (A) | 23046 |
a resident described in section 5111.63 of the Revised Code, | 23047 |
notice of a proposed transfer or discharge and a request for | 23048 |
hearing on the transfer or discharge shall be in accordance with | 23049 |
this section. | 23050 |
(1) Except in an emergency or unless authorized by statute | 23051 |
or by rules of the director of health, the administrator of a home | 23052 |
shall notify a resident in writing, and the resident's sponsor in | 23053 |
writing by certified mail, return receipt requested, in advance of | 23054 |
any proposed transfer or discharge from the home. The notice | 23055 |
shall be provided at least thirty days in advance of the proposed | 23056 |
transfer or discharge, unless either of the following applies: | 23057 |
(a) The resident's health has improved sufficiently to allow | 23058 |
a more immediate discharge or transfer to a less skilled level of | 23059 |
care; | 23060 |
(b) The resident has resided in the home less than thirty | 23061 |
days. | 23062 |
In the case of a resident described in division (A)(1)(a) or | 23063 |
(b) of this section, the notice shall be provided as many days in | 23064 |
advance of the proposed transfer or discharge as is practicable. | 23065 |
(2) The notice required under division (A)(1) of this | 23066 |
section shall include all of the following: | 23067 |
(a) The reasons for the proposed transfer or discharge; | 23068 |
(b) Notice of the right of the resident and
| 23069 |
resident's sponsor to an impartial hearing at the home on the | 23070 |
proposed transfer or discharge, and of the manner in which and the | 23071 |
time within which
the resident or
| 23072 |
hearing under division (C) of this section; | 23073 |
(c) The address of the legal services office of the | 23074 |
department of health; | 23075 |
(d) The name, address, and telephone number of a | 23076 |
representative of the state long-term care
| 23077 |
program and, if the resident or patient has a developmental | 23078 |
disability or mental illness, the name, address, and telephone | 23079 |
number of the Ohio legal rights service. | 23080 |
(B) Transfer or discharge actions shall be documented in the | 23081 |
resident's medical record by the home if there is a medical basis | 23082 |
for the action. | 23083 |
(C) A resident or
| 23084 |
transfer or discharge by requesting an impartial hearing at the | 23085 |
home, unless the transfer or discharge is required because of an | 23086 |
emergency or one of the following reasons: | 23087 |
(1) The home's license has been revoked under this chapter; | 23088 |
(2) The home is being closed pursuant to sections 5111.35 to | 23089 |
5111.62 or section 5155.31 of the Revised Code | 23090 |
| 23091 |
23092 | |
23093 |
| 23094 |
23095 | |
23096 | |
23097 |
A request for a hearing under this section shall be sent in | 23098 |
writing to the legal services office of the department of health | 23099 |
not later than ten days after the resident and
| 23100 |
sponsor receive notice of the proposed transfer or discharge. A | 23101 |
hearing shall be held within ten days by the department of health. | 23102 |
A representative of the department shall preside over the hearing | 23103 |
and issue a recommendation within five days as to any advisable | 23104 |
action to the administrator, the resident, and any interested | 23105 |
sponsor. | 23106 |
If a resident is transferred or discharged pursuant to this | 23107 |
section, the home from which the resident is being transferred or | 23108 |
discharged shall provide the resident with adequate preparation | 23109 |
prior to the transfer or discharge to ensure a safe and orderly | 23110 |
transfer or discharge from the home, and the home or alternative | 23111 |
setting to which the resident is to be transferred or discharged | 23112 |
shall have accepted the resident for transfer or discharge. | 23113 |
(D) An impartial hearing on resident transfer or discharge | 23114 |
is not subject to section 121.22 of the Revised Code. | 23115 |
| 23116 |
23117 | |
23118 | |
23119 | |
23120 | |
23121 | |
23122 | |
23123 | |
23124 | |
23125 | |
23126 | |
23127 | |
23128 | |
23129 |
Sec. 3721.17. (A) Any resident who believes that the | 23130 |
resident's rights under sections 3721.10 to 3721.17 of the Revised | 23131 |
Code have been violated may file a grievance under procedures | 23132 |
adopted pursuant to division (A)(2) of section 3721.12 of the | 23133 |
Revised Code. | 23134 |
When the grievance committee determines a violation of | 23135 |
sections 3721.10 to 3721.17 of the Revised Code has occurred, it | 23136 |
shall notify the administrator of the home. If the violation | 23137 |
cannot be corrected within ten days, or if ten days have elapsed | 23138 |
without correction of the violation, the grievance committee shall | 23139 |
refer the matter to the department of health. | 23140 |
(B) Any person who believes that a resident's rights under | 23141 |
sections 3721.10 to 3721.17 of the Revised Code have been violated | 23142 |
may report or cause reports to be made of the information directly | 23143 |
to the department of health. No person who files a report is | 23144 |
liable for civil damages resulting from the report. | 23145 |
(C)(1) Within thirty days of receiving a complaint under | 23146 |
this section, the department of health shall investigate any | 23147 |
complaint referred to it by a home's grievance committee and any | 23148 |
complaint from any source that alleges that the home provided | 23149 |
substantially less than adequate care or treatment, or | 23150 |
substantially unsafe conditions, or, within seven days of | 23151 |
receiving a complaint, refer it to the attorney general, if the | 23152 |
attorney general agrees to investigate within thirty days. | 23153 |
(2) Within thirty days of receiving a complaint under this | 23154 |
section, the department of health may investigate any alleged | 23155 |
violation of sections 3721.10 to 3721.17 of the Revised Code, or | 23156 |
of rules, policies, or procedures adopted pursuant to those | 23157 |
sections, not covered by division (C)(1) of this section, or it | 23158 |
may, within seven days of receiving a complaint, refer the | 23159 |
complaint to the grievance committee at the home where the alleged | 23160 |
violation occurred, or to the attorney general if the attorney | 23161 |
general agrees to investigate within thirty days. | 23162 |
(D) If, after an investigation, the department of health | 23163 |
finds probable cause to believe that a violation of sections | 23164 |
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or | 23165 |
procedures adopted pursuant to those sections, has occurred at a | 23166 |
home that is certified under Title XVIII or XIX of the "Social | 23167 |
Security Act,"
| 23168 |
1395 and 1396, as amended, it shall cite one or more findings or | 23169 |
deficiencies under sections 5111.35 to 5111.62 of the Revised | 23170 |
Code. If the home is not so certified, the department shall hold | 23171 |
an adjudicative hearing within thirty days under Chapter 119. of | 23172 |
the Revised Code. | 23173 |
(E) Upon a finding at an adjudicative hearing under division | 23174 |
(D) of this section that a violation of sections 3721.10 to | 23175 |
3721.17 of the Revised Code, or of rules, policies, or procedures | 23176 |
adopted pursuant thereto, has occurred, the department of health | 23177 |
shall make an order for compliance, set a reasonable time for | 23178 |
compliance, and assess a fine pursuant to division (F) of this | 23179 |
section. The fine shall be paid to the general revenue fund only | 23180 |
if compliance with the order is not shown to have been made within | 23181 |
the reasonable time set in the order. The department of health | 23182 |
may issue an order prohibiting the continuation of any violation | 23183 |
of sections 3721.10 to 3721.17 of the Revised Code. | 23184 |
Findings at the hearings conducted under this section may be | 23185 |
appealed pursuant to Chapter 119. of the Revised Code, except that | 23186 |
an appeal may be made to the court of common pleas of the county | 23187 |
in which the home is located. | 23188 |
The department of health shall initiate proceedings in court | 23189 |
to collect any fine assessed under this section which is unpaid | 23190 |
thirty days after the violator's final appeal is exhausted. | 23191 |
(F) Any home found, pursuant to an adjudication hearing | 23192 |
under division (D) of this section, to have violated sections | 23193 |
3721.10 to 3721.17 of the Revised Code, or rules, policies, or | 23194 |
procedures adopted pursuant to those sections may be fined not | 23195 |
less than one hundred nor more than five hundred dollars for a | 23196 |
first offense. For each subsequent offense, the home may be fined | 23197 |
not less than two hundred nor more than one thousand dollars. | 23198 |
A violation of sections 3721.10 to 3721.17 of the Revised | 23199 |
Code is a separate offense for each day of the violation and for | 23200 |
each resident who claims the violation. | 23201 |
(G) No home or employee of a home shall retaliate against | 23202 |
any person who: | 23203 |
(1) Exercises any right set forth in sections 3721.10 to | 23204 |
3721.17 of the Revised Code, including, but not limited to, filing | 23205 |
a complaint with the home's grievance committee or reporting an | 23206 |
alleged violation to the department of health; | 23207 |
(2) Appears as a witness in any hearing conducted under this | 23208 |
section
| 23209 |
(3) Files a civil action alleging a violation of sections | 23210 |
3721.10 to 3721.17 of the Revised Code, or notifies a county | 23211 |
prosecuting attorney or the attorney general of a possible | 23212 |
violation of sections 3721.10 to 3721.17 of the Revised Code. | 23213 |
If, under the procedures outlined in this section, a home or | 23214 |
its employee is found to have retaliated, the violator may be | 23215 |
fined up to one thousand dollars. | 23216 |
(H) When legal action is indicated, any evidence of criminal | 23217 |
activity found in an investigation under division (C) of this | 23218 |
section shall be given to the prosecuting attorney in the county | 23219 |
in which the home is located for investigation. | 23220 |
(I)(1) Any resident whose rights under sections 3721.10 to | 23221 |
3721.17 of the Revised Code are violated has a cause of action | 23222 |
against any person or home committing the violation. The action | 23223 |
may be commenced by the resident or by the resident's sponsor on | 23224 |
behalf of the resident. | 23225 |
(2)(a) If compensatory damages are awarded for a violation | 23226 |
of the resident's rights, section 2315.21 of the Revised Code, | 23227 |
except divisions (E)(1) and (2) of that section, shall apply to an | 23228 |
award of punitive or exemplary damages for the violation. | 23229 |
(b) The court may award to the prevailing party reasonable | 23230 |
attorney's fees limited to the work reasonably performed. | 23231 |
(3) Division (I)(2)(a) of this section shall be considered | 23232 |
to be purely remedial in operation and shall be applied in a | 23233 |
remedial manner in any civil action in which this section is | 23234 |
relevant, whether the action is pending in court or commenced on | 23235 |
or after
| 23236 |
Sec. 3721.51. The department of job and family services | 23237 |
shall: | 23238 |
(A) For the
| 23239 |
23240 | |
section 3721.56 of the Revised Code, determine an annual franchise | 23241 |
permit fee on each nursing home in an amount equal to four dollars | 23242 |
for fiscal years 2002 and 2003, and one dollar for each fiscal | 23243 |
year thereafter, multiplied by the product of the following: | 23244 |
(1) The number of beds licensed as nursing home beds, plus | 23245 |
any other beds certified as skilled nursing facility beds under | 23246 |
Title XVIII or nursing facility beds under Title XIX of the | 23247 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 23248 |
amended, on July 1, 1993, and, for each subsequent year, the first | 23249 |
day of May of the calendar year in which the fee is determined | 23250 |
pursuant to division (A) of section 3721.53 of the Revised Code; | 23251 |
(2) The number of days in fiscal year 1994 and, for each | 23252 |
subsequent year, the number of days in the fiscal year beginning | 23253 |
on the first day of July of the calendar year in which the fee is | 23254 |
determined pursuant to division (A) of section 3721.53 of the | 23255 |
Revised Code. | 23256 |
(B) For the
| 23257 |
23258 | |
section 3721.56 of the Revised Code, determine an annual franchise | 23259 |
permit fee on each hospital in an amount equal to four dollars for | 23260 |
fiscal years 2002 and 2003, and one dollar for each fiscal year | 23261 |
thereafter, multiplied by the product of the following: | 23262 |
(1) The number of beds registered pursuant to section | 23263 |
3701.07 of the Revised Code as skilled nursing facility beds or | 23264 |
long-term care beds, plus any other beds licensed as nursing home | 23265 |
beds under section 3721.02 or 3721.09 of the Revised Code, on July | 23266 |
1, 1993, and, for each subsequent year, the first day of May of | 23267 |
the calendar year in which the fee is determined pursuant to | 23268 |
division (A) of section 3721.53 of the Revised Code; | 23269 |
(2) The number of days in fiscal year 1994 and, for each | 23270 |
subsequent year, the number of days in the fiscal year beginning | 23271 |
on the first day of July of the calendar year in which the fee is | 23272 |
determined pursuant to division (A) of section 3721.53 of the | 23273 |
Revised Code. | 23274 |
If the United States health care financing administration | 23275 |
determines that the franchise permit fee established by sections | 23276 |
3721.50 through 3721.58 of the Revised Code would be an | 23277 |
impermissible health care related tax under section 1903(w) of the | 23278 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 23279 |
amended, the department of job and family services shall take all | 23280 |
necessary actions to cease implementation of those sections in | 23281 |
accordance with rules adopted under section 3721.58 of the Revised | 23282 |
Code. | 23283 |
Sec. 3721.56.
| 23284 |
penalties paid by nursing homes and hospitals under sections | 23285 |
3721.53 and 3721.54 of the Revised Code for fiscal years 2002 and | 23286 |
2003, and all such payments and penalties paid for subsequent | 23287 |
fiscal years, shall be deposited into the "home and | 23288 |
community-based services for the aged fund," which is hereby | 23289 |
created in the state treasury. The departments of job and family | 23290 |
services and aging shall use the moneys in the fund to fund the | 23291 |
following in accordance with rules adopted under section 3721.58 | 23292 |
of the Revised Code: | 23293 |
| 23294 |
Chapter 511. of the Revised Code; | 23295 |
| 23296 |
of the Revised Code; | 23297 |
| 23298 |
under section 173.35 of the Revised Code. | 23299 |
(B) Three-fourths of all payments and penalties paid by | 23300 |
nursing homes and hospitals under sections 3721.53 and 3721.54 of | 23301 |
the Revised Code for fiscal years 2002 and 2003 shall be deposited | 23302 |
into the nursing facility stabilization fund, which is hereby | 23303 |
created in the state treasury. The department of job and family | 23304 |
services shall use the money in the fund in the manner provided by | 23305 |
Am. Sub. H.B. 94 of the 124th general assembly. | 23306 |
Sec. 3734.57. (A) For the purposes of paying the state's | 23307 |
long-term operation costs or matching share for actions taken | 23308 |
under the "Comprehensive Environmental Response, Compensation, and | 23309 |
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as | 23310 |
amended; paying the costs of measures for proper clean-up of sites | 23311 |
where polychlorinated biphenyls and substances, equipment, and | 23312 |
devices containing or contaminated with polychlorinated biphenyls | 23313 |
have been stored or disposed of; paying the costs of conducting | 23314 |
surveys or investigations of solid waste facilities or other | 23315 |
locations where it is believed that significant quantities of | 23316 |
hazardous waste were disposed of and for conducting enforcement | 23317 |
actions arising from the findings of such surveys or | 23318 |
investigations; paying the costs of acquiring and cleaning up, or | 23319 |
providing financial assistance for cleaning up, any hazardous | 23320 |
waste facility or solid waste facility containing significant | 23321 |
quantities of hazardous waste, that constitutes an imminent and | 23322 |
substantial threat to public health or safety or the environment; | 23323 |
and, from July 1,
| 23324 |
purposes of paying the costs of administering and enforcing the | 23325 |
laws pertaining to solid wastes, infectious wastes, and | 23326 |
construction and demolition debris, including, without limitation, | 23327 |
ground water evaluations related to solid wastes, infectious | 23328 |
wastes, and construction and demolition debris, under this chapter | 23329 |
and Chapter 3714. of the Revised Code and any rules adopted under | 23330 |
them, and paying a share of the administrative costs of the | 23331 |
environmental protection agency pursuant to section 3745.014 of | 23332 |
the Revised Code, the following fees are hereby levied on the | 23333 |
disposal of solid wastes in this state: | 23334 |
(1) One dollar per ton on and after July 1, 1993; | 23335 |
(2) An additional seventy-five cents per ton on and after | 23336 |
July 1,
| 23337 |
The owner or operator of a solid waste disposal facility | 23338 |
shall collect the fees levied under this division as a trustee for | 23339 |
the state and shall prepare and file with the director of | 23340 |
environmental protection monthly returns indicating the total | 23341 |
tonnage of solid wastes received for disposal at the gate of the | 23342 |
facility and the total amount of the fees collected under this | 23343 |
division. Not later than thirty days after the last day of the | 23344 |
month to which such a return applies, the owner or operator shall | 23345 |
mail to the director the return for that month together with the | 23346 |
fees collected during that month as indicated on the return. The | 23347 |
owner or operator may request an extension of not more than thirty | 23348 |
days for filing the return and remitting the fees, provided that | 23349 |
the owner or operator has submitted such a request in writing to | 23350 |
the director together with a detailed description of why the | 23351 |
extension is requested, the director has received the request not | 23352 |
later than the day on which the return is required to be filed, | 23353 |
and the director has approved the request. If the fees are not | 23354 |
remitted within sixty days after the last day of the month during | 23355 |
which they were collected, the owner or operator shall pay an | 23356 |
additional fifty per cent of the amount of the fees for each month | 23357 |
that they are late. | 23358 |
One-half of the moneys remitted to the director under | 23359 |
division (A)(1) of this section shall be credited to the hazardous | 23360 |
waste facility management fund created in section 3734.18 of the | 23361 |
Revised Code, and one-half shall be credited to the hazardous | 23362 |
waste clean-up fund created in section 3734.28 of the Revised | 23363 |
Code. The moneys remitted to the director under division (A)(2) | 23364 |
of this section shall be credited to the solid waste fund, which | 23365 |
is hereby created in the state treasury. The environmental | 23366 |
protection agency shall use moneys in the solid waste fund only to | 23367 |
pay the costs of administering and enforcing the laws pertaining | 23368 |
to solid wastes, infectious wastes, and construction and | 23369 |
demolition debris, including, without limitation, ground water | 23370 |
evaluations related to solid wastes, infectious wastes, and | 23371 |
construction and demolition debris, under this chapter and Chapter | 23372 |
3714. of the Revised Code and rules adopted under them and to pay | 23373 |
a share of the administrative costs of the environmental | 23374 |
protection agency pursuant to section 3745.014 of the Revised | 23375 |
Code. | 23376 |
The fees levied under this division and divisions (B) and (C) | 23377 |
of this section are in addition to all other applicable fees and | 23378 |
taxes and shall be added to any other fee or amount specified in a | 23379 |
contract that is charged by the owner or operator of a solid waste | 23380 |
disposal facility or to any other fee or amount that is specified | 23381 |
in a contract entered into on or after March 4, 1992, and that is | 23382 |
charged by a transporter of solid wastes. | 23383 |
(B) For the purpose of preparing, revising, and implementing | 23384 |
the solid waste management plan of the county or joint solid waste | 23385 |
management district, including, without limitation, the | 23386 |
development and implementation of solid waste recycling or | 23387 |
reduction programs; providing financial assistance to boards of | 23388 |
health within the district, if solid waste facilities are located | 23389 |
within the district, for the enforcement of this chapter and rules | 23390 |
adopted and orders and terms and conditions of permits, licenses, | 23391 |
and variances issued under it, other than the hazardous waste | 23392 |
provisions of this chapter and rules adopted and orders and terms | 23393 |
and conditions of permits issued under those provisions; providing | 23394 |
financial assistance to the county to defray the added costs of | 23395 |
maintaining roads and other public facilities and of providing | 23396 |
emergency and other public services resulting from the location | 23397 |
and operation of a solid waste facility within the county under | 23398 |
the district's approved solid waste management plan; paying the | 23399 |
costs incurred by boards of health for collecting and analyzing | 23400 |
water samples from public or private wells on lands adjacent to | 23401 |
solid waste facilities that are contained in the approved or | 23402 |
amended plan of the district; paying the costs of developing and | 23403 |
implementing a program for the inspection of solid wastes | 23404 |
generated outside the boundaries of this state that are disposed | 23405 |
of at solid waste facilities included in the district's approved | 23406 |
solid waste management plan or amended plan; providing financial | 23407 |
assistance to boards of health within the district for enforcing | 23408 |
laws prohibiting open dumping; providing financial assistance to | 23409 |
local law enforcement agencies within the district for enforcing | 23410 |
laws and ordinances prohibiting littering; providing financial | 23411 |
assistance to boards of health of health districts within the | 23412 |
district that are on the approved list under section 3734.08 of | 23413 |
the Revised Code for the training and certification required for | 23414 |
their employees responsible for solid waste enforcement by rules | 23415 |
adopted under division (L) of section 3734.02 of the Revised Code; | 23416 |
providing financial assistance to individual municipal | 23417 |
corporations and townships within the district to defray their | 23418 |
added costs of maintaining roads and other public facilities and | 23419 |
of providing emergency and other public services resulting from | 23420 |
the location and operation within their boundaries of a | 23421 |
composting, energy or resource recovery, incineration, or | 23422 |
recycling facility that either is owned by the district or is | 23423 |
furnishing solid waste management facility or recycling services | 23424 |
to the district pursuant to a contract or agreement with the board | 23425 |
of county commissioners or directors of the district; and payment | 23426 |
of any expenses that are agreed to, awarded, or ordered to be paid | 23427 |
under section 3734.35 of the Revised Code and of any | 23428 |
administrative costs incurred pursuant to that section, the solid | 23429 |
waste management policy committee of a county or joint solid waste | 23430 |
management district may levy fees upon the following activities: | 23431 |
(1) The disposal at a solid waste disposal facility located | 23432 |
in the district of solid wastes generated within the district; | 23433 |
(2) The disposal at a solid waste disposal facility within | 23434 |
the district of solid wastes generated outside the boundaries of | 23435 |
the district, but inside this state; | 23436 |
(3) The disposal at a solid waste disposal facility within | 23437 |
the district of solid wastes generated outside the boundaries of | 23438 |
this state. | 23439 |
If any such fees are levied prior to January 1, 1994, fees | 23440 |
levied under division (B)(1) of this section always shall be equal | 23441 |
to one-half of the fees levied under division (B)(2) of this | 23442 |
section, and fees levied under division (B)(3) of this section, | 23443 |
which shall be in addition to fees levied under division (B)(2) of | 23444 |
this section, always shall be equal to fees levied under division | 23445 |
(B)(1) of this section, except as otherwise provided in this | 23446 |
division. The solid waste management plan of the county or joint | 23447 |
district approved under section 3734.521 or 3734.55 of the Revised | 23448 |
Code and any amendments to it, or the resolution adopted under | 23449 |
this division, as appropriate, shall establish the rates of the | 23450 |
fees levied under divisions (B)(1), (2), and (3) of this section, | 23451 |
if any, and shall specify whether the fees are levied on the basis | 23452 |
of tons or cubic yards as the unit of measurement. Although the | 23453 |
fees under divisions (A)(1) and (2) of this section are levied on | 23454 |
the basis of tons as the unit of measurement, the solid waste | 23455 |
management plan of the district and any amendments to it or the | 23456 |
solid waste management policy committee in its resolution levying | 23457 |
fees under this division may direct that the fees levied under | 23458 |
those divisions be levied on the basis of cubic yards as the unit | 23459 |
of measurement based upon a conversion factor of three cubic yards | 23460 |
per ton generally or one cubic yard per ton for baled wastes if | 23461 |
the fees under divisions (B)(1) to (3) of this section are being | 23462 |
levied on the basis of cubic yards as the unit of measurement | 23463 |
under the plan, amended plan, or resolution. | 23464 |
On and after January 1, 1994, the fee levied under division | 23465 |
(B)(1) of this section shall be not less than one dollar per ton | 23466 |
nor more than two dollars per ton, the fee levied under division | 23467 |
(B)(2) of this section shall be not less than two dollars per ton | 23468 |
nor more than four dollars per ton, and the fee levied under | 23469 |
division (B)(3) of this section shall be not more than the fee | 23470 |
levied under division (B)(1) of this section, except as otherwise | 23471 |
provided in this division and notwithstanding any schedule of | 23472 |
those fees established in the solid waste management plan of a | 23473 |
county or joint district approved under section 3734.55 of the | 23474 |
Revised Code or a resolution adopted and ratified under this | 23475 |
division that is in effect on that date. If the fee that a | 23476 |
district is levying under division (B)(1) of this section on that | 23477 |
date under its approved plan or such a resolution is less than one | 23478 |
dollar per ton, the fee shall be one dollar per ton on and after | 23479 |
January 1, 1994, and if the fee that a district is so levying | 23480 |
under that division exceeds two dollars per ton, the fee shall be | 23481 |
two dollars per ton on and after that date. If the fee that a | 23482 |
district is so levying under division (B)(2) of this section is | 23483 |
less than two dollars per ton, the fee shall be two dollars per | 23484 |
ton on and after that date, and if the fee that the district is so | 23485 |
levying under that division exceeds four dollars per ton, the fee | 23486 |
shall be four dollars per ton on and after that date. On that | 23487 |
date, the fee levied by a district under division (B)(3) of this | 23488 |
section shall be equal to the fee levied under division (B)(1) of | 23489 |
this section. Except as otherwise provided in this division, the | 23490 |
fees established by the operation of this amendment shall remain | 23491 |
in effect until the district's resolution levying fees under this | 23492 |
division is amended or repealed in accordance with this division | 23493 |
to amend or abolish the schedule of fees, the schedule of fees is | 23494 |
amended or abolished in an amended plan of the district approved | 23495 |
under section 3734.521 or division (A) or (D) of section 3734.56 | 23496 |
of the Revised Code, or the schedule of fees is amended or | 23497 |
abolished through an amendment to the district's plan under | 23498 |
division (E) of section 3734.56 of the Revised Code; the | 23499 |
notification of the amendment or abolishment of the fees has been | 23500 |
given in accordance with this division; and collection of the | 23501 |
amended fees so established commences, or collection of the fees | 23502 |
ceases, in accordance with this division. | 23503 |
The solid waste management policy committee of a district | 23504 |
levying fees under divisions (B)(1) to (3) of this section on | 23505 |
October 29, 1993, under its solid waste management plan approved | 23506 |
under section 3734.55 of the Revised Code or a resolution adopted | 23507 |
and ratified under this division that are within the ranges of | 23508 |
rates prescribed by this amendment, by adoption of a resolution | 23509 |
not later than December 1, 1993, and without the necessity for | 23510 |
ratification of the resolution under this division, may amend | 23511 |
those fees within the prescribed ranges, provided that the | 23512 |
estimated revenues from the amended fees will not substantially | 23513 |
exceed the estimated revenues set forth in the district's budget | 23514 |
for calendar year 1994. Not later than seven days after the | 23515 |
adoption of such a resolution, the committee shall notify by | 23516 |
certified mail the owner or operator of each solid waste disposal | 23517 |
facility that is required to collect the fees of the adoption of | 23518 |
the resolution and of the amount of the amended fees. Collection | 23519 |
of the amended fees shall take effect on the first day of the | 23520 |
first month following the month in which the notification is sent | 23521 |
to the owner or operator. The fees established in such a | 23522 |
resolution shall remain in effect until the district's resolution | 23523 |
levying fees that was adopted and ratified under this division is | 23524 |
amended or repealed, and the amendment or repeal of the resolution | 23525 |
is ratified, in accordance with this division, to amend or abolish | 23526 |
the fees, the schedule of fees is amended or abolished in an | 23527 |
amended plan of the district approved under section 3734.521 or | 23528 |
division (A) or (D) of section 3734.56 of the Revised Code, or the | 23529 |
schedule of fees is amended or abolished through an amendment to | 23530 |
the district's plan under division (E) of section 3734.56 of the | 23531 |
Revised Code; the notification of the amendment or abolishment of | 23532 |
the fees has been given in accordance with this division; and | 23533 |
collection of the amended fees so established commences, or | 23534 |
collection of the fees ceases, in accordance with this division. | 23535 |
Prior to the approval of the solid waste management plan of | 23536 |
the district under section 3734.55 of the Revised Code, the solid | 23537 |
waste management policy committee of a district may levy fees | 23538 |
under this division by adopting a resolution establishing the | 23539 |
proposed amount of the fees. Upon adopting the resolution, the | 23540 |
committee shall deliver a copy of the resolution to the board of | 23541 |
county commissioners of each county forming the district and to | 23542 |
the legislative authority of each municipal corporation and | 23543 |
township under the jurisdiction of the district and shall prepare | 23544 |
and publish the resolution and a notice of the time and location | 23545 |
where a public hearing on the fees will be held. Upon adopting | 23546 |
the resolution, the committee shall deliver written notice of the | 23547 |
adoption of the resolution; of the amount of the proposed fees; | 23548 |
and of the date, time, and location of the public hearing to the | 23549 |
director and to the fifty industrial, commercial, or institutional | 23550 |
generators of solid wastes within the district that generate the | 23551 |
largest quantities of solid wastes, as determined by the | 23552 |
committee, and to their local trade associations. The committee | 23553 |
shall make good faith efforts to identify those generators within | 23554 |
the district and their local trade associations, but the | 23555 |
nonprovision of notice under this division to a particular | 23556 |
generator or local trade association does not invalidate the | 23557 |
proceedings under this division. The publication shall occur at | 23558 |
least thirty days before the hearing. After the hearing, the | 23559 |
committee may make such revisions to the proposed fees as it | 23560 |
considers appropriate and thereafter, by resolution, shall adopt | 23561 |
the revised fee schedule. Upon adopting the revised fee schedule, | 23562 |
the committee shall deliver a copy of the resolution doing so to | 23563 |
the board of county commissioners of each county forming the | 23564 |
district and to the legislative authority of each municipal | 23565 |
corporation and township under the jurisdiction of the district. | 23566 |
Within sixty days after the delivery of a copy of the resolution | 23567 |
adopting the proposed revised fees by the policy committee, each | 23568 |
such board and legislative authority, by ordinance or resolution, | 23569 |
shall approve or disapprove the revised fees and deliver a copy of | 23570 |
the ordinance or resolution to the committee. If any such board | 23571 |
or legislative authority fails to adopt and deliver to the policy | 23572 |
committee an ordinance or resolution approving or disapproving the | 23573 |
revised fees within sixty days after the policy committee | 23574 |
delivered its resolution adopting the proposed revised fees, it | 23575 |
shall be conclusively presumed that the board or legislative | 23576 |
authority has approved the proposed revised fees. | 23577 |
In the case of a county district or a joint district formed | 23578 |
by two or three counties, the committee shall declare the proposed | 23579 |
revised fees to be ratified as the fee schedule of the district | 23580 |
upon determining that the board of county commissioners of each | 23581 |
county forming the district has approved the proposed revised fees | 23582 |
and that the legislative authorities of a combination of municipal | 23583 |
corporations and townships with a combined population within the | 23584 |
district comprising at least sixty per cent of the total | 23585 |
population of the district have approved the proposed revised | 23586 |
fees, provided that in the case of a county district, that | 23587 |
combination shall include the municipal corporation having the | 23588 |
largest population within the boundaries of the district, and | 23589 |
provided further that in the case of a joint district formed by | 23590 |
two or three counties, that combination shall include for each | 23591 |
county forming the joint district the municipal corporation having | 23592 |
the largest population within the boundaries of both the county in | 23593 |
which the municipal corporation is located and the joint district. | 23594 |
In the case of a joint district formed by four or more counties, | 23595 |
the committee shall declare the proposed revised fees to be | 23596 |
ratified as the fee schedule of the joint district upon | 23597 |
determining that the boards of county commissioners of a majority | 23598 |
of the counties forming the district have approved the proposed | 23599 |
revised fees; that, in each of a majority of the counties forming | 23600 |
the joint district, the proposed revised fees have been approved | 23601 |
by the municipal corporation having the largest population within | 23602 |
the county and the joint district; and that the legislative | 23603 |
authorities of a combination of municipal corporations and | 23604 |
townships with a combined population within the joint district | 23605 |
comprising at least sixty per cent of the total population of the | 23606 |
joint district have approved the proposed revised fees. | 23607 |
For the purposes of this division, only the population of the | 23608 |
unincorporated area of a township shall be considered. For the | 23609 |
purpose of determining the largest municipal corporation within | 23610 |
each county under this division, a municipal corporation that is | 23611 |
located in more than one solid waste management district, but that | 23612 |
is under the jurisdiction of one county or joint solid waste | 23613 |
management district in accordance with division (A) of section | 23614 |
3734.52 of the Revised Code shall be considered to be within the | 23615 |
boundaries of the county in which a majority of the population of | 23616 |
the municipal corporation resides. | 23617 |
The committee may amend the schedule of fees levied pursuant | 23618 |
to a resolution or amended resolution adopted and ratified under | 23619 |
this division by adopting a resolution establishing the proposed | 23620 |
amount of the amended fees. The committee may abolish the fees | 23621 |
levied pursuant to such a resolution or amended resolution by | 23622 |
adopting a resolution proposing to repeal them. Upon adopting | 23623 |
such a resolution, the committee shall proceed to obtain | 23624 |
ratification of the resolution in accordance with this division. | 23625 |
Not later than fourteen days after declaring the fees or | 23626 |
amended fees to be ratified under this division, the committee | 23627 |
shall notify by certified mail the owner or operator of each solid | 23628 |
waste disposal facility that is required to collect the fees of | 23629 |
the ratification and the amount of the fees. Collection of any | 23630 |
fees or amended fees ratified on or after March 24, 1992, shall | 23631 |
commence on the first day of the second month following the month | 23632 |
in which notification is sent to the owner or operator. | 23633 |
Not later than fourteen days after declaring the repeal of | 23634 |
the district's schedule of fees to be ratified under this | 23635 |
division, the committee shall notify by certified mail the owner | 23636 |
or operator of each facility that is collecting the fees of the | 23637 |
repeal. Collection of the fees shall cease on the first day of | 23638 |
the second month following the month in which notification is sent | 23639 |
to the owner or operator. | 23640 |
Not later than fourteen days after the director issues an | 23641 |
order approving a district's solid waste management plan under | 23642 |
section 3734.55 of the Revised Code or amended plan under division | 23643 |
(A) or (D) of section 3734.56 of the Revised Code that establishes | 23644 |
or amends a schedule of fees levied by the district, or the | 23645 |
ratification of an amendment to the district's approved plan or | 23646 |
amended plan under division (E) of section 3734.56 of the Revised | 23647 |
Code that establishes or amends a schedule of fees, as | 23648 |
appropriate, the committee shall notify by certified mail the | 23649 |
owner or operator of each solid waste disposal facility that is | 23650 |
required to collect the fees of the approval of the plan or | 23651 |
amended plan, or the amendment to the plan, as appropriate, and | 23652 |
the amount of the fees or amended fees. In the case of an initial | 23653 |
or amended plan approved under section 3734.521 of the Revised | 23654 |
Code in connection with a change in district composition, other | 23655 |
than one involving the withdrawal of a county from a joint | 23656 |
district, that establishes or amends a schedule of fees levied | 23657 |
under divisions (B)(1) to (3) of this section by a district | 23658 |
resulting from the change, the committee, within fourteen days | 23659 |
after the change takes effect pursuant to division (G) of that | 23660 |
section, shall notify by certified mail the owner or operator of | 23661 |
each solid waste disposal facility that is required to collect the | 23662 |
fees that the change has taken effect and of the amount of the | 23663 |
fees or amended fees. Collection of any fees set forth in a plan | 23664 |
or amended plan approved by the director on or after April 16, | 23665 |
1993, or an amendment of a plan or amended plan under division (E) | 23666 |
of section 3734.56 of the Revised Code that is ratified on or | 23667 |
after April 16, 1993, shall commence on the first day of the | 23668 |
second month following the month in which notification is sent to | 23669 |
the owner or operator. | 23670 |
Not later than fourteen days after the director issues an | 23671 |
order approving a district's plan under section 3734.55 of the | 23672 |
Revised Code or amended plan under division (A) or (D) of section | 23673 |
3734.56 of the Revised Code that abolishes the schedule of fees | 23674 |
levied under divisions (B)(1) to (3) of this section, or an | 23675 |
amendment to the district's approved plan or amended plan | 23676 |
abolishing the schedule of fees is ratified pursuant to division | 23677 |
(E) of section 3734.56 of the Revised Code, as appropriate, the | 23678 |
committee shall notify by certified mail the owner or operator of | 23679 |
each facility that is collecting the fees of the approval of the | 23680 |
plan or amended plan, or the amendment of the plan or amended | 23681 |
plan, as appropriate, and the abolishment of the fees. In the | 23682 |
case of an initial or amended plan approved under section 3734.521 | 23683 |
of the Revised Code in connection with a change in district | 23684 |
composition, other than one involving the withdrawal of a county | 23685 |
from a joint district, that abolishes the schedule of fees levied | 23686 |
under divisions (B)(1) to (3) of this section by a district | 23687 |
resulting from the change, the committee, within fourteen days | 23688 |
after the change takes effect pursuant to division (G) of that | 23689 |
section, shall notify by certified mail the owner or operator of | 23690 |
each solid waste disposal facility that is required to collect the | 23691 |
fees that the change has taken effect and of the abolishment of | 23692 |
the fees. Collection of the fees shall cease on the first day of | 23693 |
the second month following the month in which notification is sent | 23694 |
to the owner or operator. | 23695 |
Except as otherwise provided in this division, if the | 23696 |
schedule of fees that a district is levying under divisions (B)(1) | 23697 |
to (3) of this section pursuant to a resolution or amended | 23698 |
resolution adopted and ratified under this division, the solid | 23699 |
waste management plan of the district approved under section | 23700 |
3734.55 of the Revised Code, an amended plan approved under | 23701 |
division (A) or (D) of section 3734.56 of the Revised Code, or an | 23702 |
amendment to the district's approved plan or amended plan under | 23703 |
division (E) of section 3734.56 of the Revised Code, is amended by | 23704 |
the adoption and ratification of an amendment to the resolution or | 23705 |
amended resolution or an amendment of the district's approved plan | 23706 |
or amended plan, the fees in effect immediately prior to the | 23707 |
approval of the plan or the amendment of the resolution, amended | 23708 |
resolution, plan, or amended plan, as appropriate, shall continue | 23709 |
to be collected until collection of the amended fees commences | 23710 |
pursuant to this division. | 23711 |
If, in the case of a change in district composition involving | 23712 |
the withdrawal of a county from a joint district, the director | 23713 |
completes the actions required under division (G)(1) or (3) of | 23714 |
section 3734.521 of the Revised Code, as appropriate, forty-five | 23715 |
days or more before the beginning of a calendar year, the policy | 23716 |
committee of each of the districts resulting from the change that | 23717 |
obtained the director's approval of an initial or amended plan in | 23718 |
connection with the change, within fourteen days after the | 23719 |
director's completion of the required actions, shall notify by | 23720 |
certified mail the owner or operator of each solid waste disposal | 23721 |
facility that is required to collect the district's fees that the | 23722 |
change is to take effect on the first day of January immediately | 23723 |
following the issuance of the notice and of the amount of the fees | 23724 |
or amended fees levied under divisions (B)(1) to (3) of this | 23725 |
section pursuant to the district's initial or amended plan as so | 23726 |
approved or, if appropriate, the abolishment of the district's | 23727 |
fees by that initial or amended plan. Collection of any fees set | 23728 |
forth in such a plan or amended plan shall commence on the first | 23729 |
day of January immediately following the issuance of the notice. | 23730 |
If such an initial or amended plan abolishes a schedule of fees, | 23731 |
collection of the fees shall cease on that first day of January. | 23732 |
If, in the case of a change in district composition involving | 23733 |
the withdrawal of a county from a joint district, the director | 23734 |
completes the actions required under division (G)(1) or (3) of | 23735 |
section 3734.521 of the Revised Code, as appropriate, less than | 23736 |
forty-five days before the beginning of a calendar year, the | 23737 |
director, on behalf of each of the districts resulting from the | 23738 |
change that obtained the director's approval of an initial or | 23739 |
amended plan in connection with the change proceedings, shall | 23740 |
notify by certified mail the owner or operator of each solid waste | 23741 |
disposal facility that is required to collect the district's fees | 23742 |
that the change is to take effect on the first day of January | 23743 |
immediately following the mailing of the notice and of the amount | 23744 |
of the fees or amended fees levied under divisions (B)(1) to (3) | 23745 |
of this section pursuant to the district's initial or amended plan | 23746 |
as so approved or, if appropriate, the abolishment of the | 23747 |
district's fees by that initial or amended plan. Collection of | 23748 |
any fees set forth in such a plan or amended plan shall commence | 23749 |
on the first day of the second month following the month in which | 23750 |
notification is sent to the owner or operator. If such an initial | 23751 |
or amended plan abolishes a schedule of fees, collection of the | 23752 |
fees shall cease on the first day of the second month following | 23753 |
the month in which notification is sent to the owner or operator. | 23754 |
In the case of a change in district composition, the schedule | 23755 |
of fees that the former districts that existed prior to the change | 23756 |
were levying under divisions (B)(1) to (3) of this section | 23757 |
pursuant to a resolution or amended resolution adopted and | 23758 |
ratified under this division, the solid waste management plan of a | 23759 |
former district approved under section 3734.521 or 3734.55 of the | 23760 |
Revised Code, an amended plan approved under section 3734.521 or | 23761 |
division (A) or (D) of section 3734.56 of the Revised Code, or an | 23762 |
amendment to a former district's approved plan or amended plan | 23763 |
under division (E) of section 3734.56 of the Revised Code, and | 23764 |
that were in effect on the date that the director completed the | 23765 |
actions required under division (G)(1) or (3) of section 3734.521 | 23766 |
of the Revised Code shall continue to be collected until the | 23767 |
collection of the fees or amended fees of the districts resulting | 23768 |
from the change is required to commence, or if an initial or | 23769 |
amended plan of a resulting district abolishes a schedule of fees, | 23770 |
collection of the fees is required to cease, under this division. | 23771 |
Moneys so received from the collection of the fees of the former | 23772 |
districts shall be divided among the resulting districts in | 23773 |
accordance with division (B) of section 343.012 of the Revised | 23774 |
Code and the agreements entered into under division (B) of section | 23775 |
343.01 of the Revised Code to establish the former and resulting | 23776 |
districts and any amendments to those agreements. | 23777 |
For the purposes of the provisions of division (B) of this | 23778 |
section establishing the times when newly established or amended | 23779 |
fees levied by a district are required to commence and the | 23780 |
collection of fees that have been amended or abolished is required | 23781 |
to cease, "fees" or "schedule of fees" includes, in addition to | 23782 |
fees levied under divisions (B)(1) to (3) of this section, those | 23783 |
levied under section 3734.573 or 3734.574 of the Revised Code. | 23784 |
(C) For the purposes of defraying the added costs to a | 23785 |
municipal corporation or township of maintaining roads and other | 23786 |
public facilities and of providing emergency and other public | 23787 |
services, and compensating a municipal corporation or township for | 23788 |
reductions in real property tax revenues due to reductions in real | 23789 |
property valuations resulting from the location and operation of a | 23790 |
solid waste disposal facility within the municipal corporation or | 23791 |
township, a municipal corporation or township in which such a | 23792 |
solid waste disposal facility is located may levy a fee of not | 23793 |
more than twenty-five cents per ton on the disposal of solid | 23794 |
wastes at a solid waste disposal facility located within the | 23795 |
boundaries of the municipal corporation or township regardless of | 23796 |
where the wastes were generated. | 23797 |
The legislative authority of a municipal corporation or | 23798 |
township may levy fees under this division by enacting an | 23799 |
ordinance or adopting a resolution establishing the amount of the | 23800 |
fees. Upon so doing the legislative authority shall mail a | 23801 |
certified copy of the ordinance or resolution to the board of | 23802 |
county commissioners or directors of the county or joint solid | 23803 |
waste management district in which the municipal corporation or | 23804 |
township is located or, if a regional solid waste management | 23805 |
authority has been formed under section 343.011 of the Revised | 23806 |
Code, to the board of trustees of that regional authority, the | 23807 |
owner or operator of each solid waste disposal facility in the | 23808 |
municipal corporation or township that is required to collect the | 23809 |
fee by the ordinance or resolution, and the director of | 23810 |
environmental protection. Although the fees levied under this | 23811 |
division are levied on the basis of tons as the unit of | 23812 |
measurement, the legislative authority, in its ordinance or | 23813 |
resolution levying the fees under this division, may direct that | 23814 |
the fees be levied on the basis of cubic yards as the unit of | 23815 |
measurement based upon a conversion factor of three cubic yards | 23816 |
per ton generally or one cubic yard per ton for baled wastes. | 23817 |
Not later than five days after enacting an ordinance or | 23818 |
adopting a resolution under this division, the legislative | 23819 |
authority shall so notify by certified mail the owner or operator | 23820 |
of each solid waste disposal facility that is required to collect | 23821 |
the fee. Collection of any fee levied on or after March 24, 1992, | 23822 |
shall commence on the first day of the second month following the | 23823 |
month in which notification is sent to the owner or operator. | 23824 |
(D)(1) The fees levied under divisions (A), (B), and (C) of | 23825 |
this section do not apply to the disposal of solid wastes that: | 23826 |
(a) Are disposed of at a facility owned by the generator of | 23827 |
the wastes when the solid waste facility exclusively disposes of | 23828 |
solid wastes generated at one or more premises owned by the | 23829 |
generator regardless of whether the facility is located on a | 23830 |
premises where the wastes are generated; | 23831 |
(b) Are disposed of at facilities that exclusively dispose | 23832 |
of wastes that are generated from the combustion of coal, or from | 23833 |
the combustion of primarily coal in combination with scrap tires, | 23834 |
that is not combined in any way with garbage at one or more | 23835 |
premises owned by the generator. | 23836 |
(2) Except as provided in section 3734.571 of the Revised | 23837 |
Code, any fees levied under division (B)(1) of this section apply | 23838 |
to solid wastes originating outside the boundaries of a county or | 23839 |
joint district that are covered by an agreement for the joint use | 23840 |
of solid waste facilities entered into under section 343.02 of the | 23841 |
Revised Code by the board of county commissioners or board of | 23842 |
directors of the county or joint district where the wastes are | 23843 |
generated and disposed of. | 23844 |
(3) When solid wastes, other than solid wastes that consist | 23845 |
of scrap tires, are burned in a disposal facility that is an | 23846 |
incinerator or energy recovery facility, the fees levied under | 23847 |
divisions (A), (B), and (C) of this section shall be levied upon | 23848 |
the disposal of the fly ash and bottom ash remaining after burning | 23849 |
of the solid wastes and shall be collected by the owner or | 23850 |
operator of the sanitary landfill where the ash is disposed of. | 23851 |
(4) When solid wastes are delivered to a solid waste | 23852 |
transfer facility, the fees levied under divisions (A), (B), and | 23853 |
(C) of this section shall be levied upon the disposal of solid | 23854 |
wastes transported off the premises of the transfer facility for | 23855 |
disposal and shall be collected by the owner or operator of the | 23856 |
solid waste disposal facility where the wastes are disposed of. | 23857 |
(5) The fees levied under divisions (A), (B), and (C) of | 23858 |
this section do not apply to sewage sludge that is generated by a | 23859 |
waste water treatment facility holding a national pollutant | 23860 |
discharge elimination system permit and that is disposed of | 23861 |
through incineration, land application, or composting or at | 23862 |
another resource recovery or disposal facility that is not a | 23863 |
landfill. | 23864 |
(6) The fees levied under divisions (A), (B), and (C) of | 23865 |
this section do not apply to solid wastes delivered to a solid | 23866 |
waste composting facility for processing. When any unprocessed | 23867 |
solid waste or compost product is transported off the premises of | 23868 |
a composting facility and disposed of at a landfill, the fees | 23869 |
levied under divisions (A), (B), and (C) of this section shall be | 23870 |
collected by the owner or operator of the landfill where the | 23871 |
unprocessed waste or compost product is disposed of. | 23872 |
(7) When solid wastes that consist of scrap tires are | 23873 |
processed at a scrap tire recovery facility, the fees levied under | 23874 |
divisions (A), (B), and (C) of this section shall be levied upon | 23875 |
the disposal of the fly ash and bottom ash or other solid wastes | 23876 |
remaining after the processing of the scrap tires and shall be | 23877 |
collected by the owner or operator of the solid waste disposal | 23878 |
facility where the ash or other solid wastes are disposed of. | 23879 |
(E) The fees levied under divisions (B) and (C) of this | 23880 |
section shall be collected by the owner or operator of the solid | 23881 |
waste disposal facility where the wastes are disposed of as a | 23882 |
trustee for the county or joint district and municipal corporation | 23883 |
or township where the wastes are disposed of. Moneys from the | 23884 |
fees levied under division (B) of this section shall be forwarded | 23885 |
to the board of county commissioners or board of directors of the | 23886 |
district in accordance with rules adopted under division (H) of | 23887 |
this section. Moneys from the fees levied under division (C) of | 23888 |
this section shall be forwarded to the treasurer or such other | 23889 |
officer of the municipal corporation as, by virtue of the charter, | 23890 |
has the duties of the treasurer or to the clerk of the township, | 23891 |
as appropriate, in accordance with those rules. | 23892 |
(F) Moneys received by the treasurer or such other officer | 23893 |
of the municipal corporation under division (E) of this section | 23894 |
shall be paid into the general fund of the municipal corporation. | 23895 |
Moneys received by the clerk of the township under that division | 23896 |
shall be paid into the general fund of the township. The | 23897 |
treasurer or such other officer of the municipal corporation or | 23898 |
the clerk, as appropriate, shall maintain separate records of the | 23899 |
moneys received from the fees levied under division (C) of this | 23900 |
section. | 23901 |
(G) Moneys received by the board of county commissioners or | 23902 |
board of directors under division (E) of this section or section | 23903 |
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 23904 |
shall be paid to the county treasurer, or other official acting in | 23905 |
a similar capacity under a county charter, in a county district or | 23906 |
to the county treasurer or other official designated by the board | 23907 |
of directors in a joint district and kept in a separate and | 23908 |
distinct fund to the credit of the district. If a regional solid | 23909 |
waste management authority has been formed under section 343.011 | 23910 |
of the Revised Code, moneys received by the board of trustees of | 23911 |
that regional authority under division (E) of this section shall | 23912 |
be kept by the board in a separate and distinct fund to the credit | 23913 |
of the district. Moneys in the special fund of the county or | 23914 |
joint district arising from the fees levied under division (B) of | 23915 |
this section and the fee levied under division (A) of section | 23916 |
3734.573 of the Revised Code shall be expended by the board of | 23917 |
county commissioners or directors of the district in accordance | 23918 |
with the district's solid waste management plan or amended plan | 23919 |
approved under section 3734.521, 3734.55, or 3734.56 of the | 23920 |
Revised Code exclusively for the following purposes: | 23921 |
(1) Preparation of the solid waste management plan of the | 23922 |
district under section 3734.54 of the Revised Code, monitoring | 23923 |
implementation of the plan, and conducting the periodic review and | 23924 |
amendment of the plan required by section 3734.56 of the Revised | 23925 |
Code by the solid waste management policy committee; | 23926 |
(2) Implementation of the approved solid waste management | 23927 |
plan or amended plan of the district, including, without | 23928 |
limitation, the development and implementation of solid waste | 23929 |
recycling or reduction programs; | 23930 |
(3) Providing financial assistance to boards of health | 23931 |
within the district, if solid waste facilities are located within | 23932 |
the district, for enforcement of this chapter and rules, orders, | 23933 |
and terms and conditions of permits, licenses, and variances | 23934 |
adopted or issued under it, other than the hazardous waste | 23935 |
provisions of this chapter and rules adopted and orders and terms | 23936 |
and conditions of permits issued under those provisions; | 23937 |
(4) Providing financial assistance to each county within the | 23938 |
district to defray the added costs of maintaining roads and other | 23939 |
public facilities and of providing emergency and other public | 23940 |
services resulting from the location and operation of a solid | 23941 |
waste facility within the county under the district's approved | 23942 |
solid waste management plan or amended plan; | 23943 |
(5) Pursuant to contracts entered into with boards of health | 23944 |
within the district, if solid waste facilities contained in the | 23945 |
district's approved plan or amended plan are located within the | 23946 |
district, for paying the costs incurred by those boards of health | 23947 |
for collecting and analyzing samples from public or private water | 23948 |
wells on lands adjacent to those facilities; | 23949 |
(6) Developing and implementing a program for the inspection | 23950 |
of solid wastes generated outside the boundaries of this state | 23951 |
that are disposed of at solid waste facilities included in the | 23952 |
district's approved solid waste management plan or amended plan; | 23953 |
(7) Providing financial assistance to boards of health | 23954 |
within the district for the enforcement of section 3734.03 of the | 23955 |
Revised Code or to local law enforcement agencies having | 23956 |
jurisdiction within the district for enforcing anti-littering laws | 23957 |
and ordinances; | 23958 |
(8) Providing financial assistance to boards of health of | 23959 |
health districts within the district that are on the approved list | 23960 |
under section 3734.08 of the Revised Code to defray the costs to | 23961 |
the health districts for the participation of their employees | 23962 |
responsible for enforcement of the solid waste provisions of this | 23963 |
chapter and rules adopted and orders and terms and conditions of | 23964 |
permits, licenses, and variances issued under those provisions in | 23965 |
the training and certification program as required by rules | 23966 |
adopted under division (L) of section 3734.02 of the Revised Code; | 23967 |
(9) Providing financial assistance to individual municipal | 23968 |
corporations and townships within the district to defray their | 23969 |
added costs of maintaining roads and other public facilities and | 23970 |
of providing emergency and other public services resulting from | 23971 |
the location and operation within their boundaries of a | 23972 |
composting, energy or resource recovery, incineration, or | 23973 |
recycling facility that either is owned by the district or is | 23974 |
furnishing solid waste management facility or recycling services | 23975 |
to the district pursuant to a contract or agreement with the board | 23976 |
of county commissioners or directors of the district; | 23977 |
(10) Payment of any expenses that are agreed to, awarded, or | 23978 |
ordered to be paid under section 3734.35 of the Revised Code and | 23979 |
of any administrative costs incurred pursuant to that section. In | 23980 |
the case of a joint solid waste management district, if the board | 23981 |
of county commissioners of one of the counties in the district is | 23982 |
negotiating on behalf of affected communities, as defined in that | 23983 |
section, in that county, the board shall obtain the approval of | 23984 |
the board of directors of the district in order to expend moneys | 23985 |
for administrative costs incurred. | 23986 |
Prior to the approval of the district's solid waste | 23987 |
management plan under section 3734.55 of the Revised Code, moneys | 23988 |
in the special fund of the district arising from the fees shall be | 23989 |
expended for those purposes in the manner prescribed by the solid | 23990 |
waste management policy committee by resolution. | 23991 |
Notwithstanding division (G)(6) of this section as it existed | 23992 |
prior to October 29, 1993, or any provision in a district's solid | 23993 |
waste management plan prepared in accordance with division | 23994 |
(B)(2)(e) of section 3734.53 of the Revised Code as it existed | 23995 |
prior to that date, any moneys arising from the fees levied under | 23996 |
division (B)(3) of this section prior to January 1, 1994, may be | 23997 |
expended for any of the purposes authorized in divisions (G)(1) to | 23998 |
(10) of this section. | 23999 |
(H) The director shall adopt rules in accordance with | 24000 |
Chapter 119. of the Revised Code prescribing procedures for | 24001 |
collecting and forwarding the fees levied under divisions (B) and | 24002 |
(C) of this section to the boards of county commissioners or | 24003 |
directors of county or joint solid waste management districts and | 24004 |
to the treasurers or other officers of municipal corporations or | 24005 |
to the clerks of townships. The rules also shall prescribe the | 24006 |
dates for forwarding the fees to the boards and officials and may | 24007 |
prescribe any other requirements the director considers necessary | 24008 |
or appropriate to implement and administer divisions (A), (B), and | 24009 |
(C) of this section. Collection of the fees levied under division | 24010 |
(A)(1) of this section shall commence on July 1, 1993. Collection | 24011 |
of the fees levied under division (A)(2) of this section shall | 24012 |
commence on January 1, 1994. | 24013 |
Sec. 3734.82. (A) The annual fee for a scrap tire recovery | 24014 |
facility license issued under section 3734.81 of the Revised Code | 24015 |
shall be in accordance with the following schedule: | 24016 |
Daily Design | Annual | 24017 | |||
Input Capacity | License | 24018 | |||
(Tons) | Fee | 24019 |
1 or less | $ 100 | 24020 | ||||
2 to 25 | 500 | 24021 | ||||
26 to 50 | 1,000 | 24022 | ||||
51 to 100 | 1,500 | 24023 | ||||
101 to 200 | 2,500 | 24024 | ||||
201 to 500 | 3,500 | 24025 | ||||
501 or more | 5,500 | 24026 |
For the purpose of determining the applicable license fee | 24027 |
under this division, the daily design input capacity shall be the | 24028 |
quantity of scrap tires the facility is designed to process daily | 24029 |
as set forth in the registration certificate or permit for the | 24030 |
facility, and any modifications to the permit, if applicable, | 24031 |
issued under section 3734.78 of the Revised Code. | 24032 |
(B) The annual fee for a scrap tire monocell or monofill | 24033 |
facility license shall be in accordance with the following | 24034 |
schedule: | 24035 |
Authorized Maximum | Annual | 24036 | |||
Daily Waste Receipt | License | 24037 | |||
(Tons) | Fee | 24038 | |||
100 or less | $ 5,000 | 24039 | |||
101 to 200 | 12,500 | 24040 | |||
201 to 500 | 30,000 | 24041 | |||
501 or more | 60,000 | 24042 |
For the purpose of determining the applicable license fee | 24043 |
under this division, the authorized maximum daily waste receipt | 24044 |
shall be the maximum amount of scrap tires the facility is | 24045 |
authorized to receive daily that is established in the permit for | 24046 |
the facility, and any modification to that permit, issued under | 24047 |
section 3734.77 of the Revised Code. | 24048 |
(C)(1) Except as otherwise provided in division (C)(2) of | 24049 |
this section, the annual fee for a scrap tire storage facility | 24050 |
license shall equal one thousand dollars times the number of acres | 24051 |
on which scrap tires are to be stored at the facility during the | 24052 |
license year, as set forth on the application for the annual | 24053 |
license, except that the total annual license fee for any such | 24054 |
facility shall not exceed three thousand dollars. | 24055 |
(2) The annual fee for a scrap tire storage facility license | 24056 |
for a storage facility that is owned or operated by a motor | 24057 |
vehicle salvage dealer licensed under Chapter 4738. of the Revised | 24058 |
Code is one hundred dollars. | 24059 |
(D)(1) Except as otherwise provided in division (D)(2) of | 24060 |
this section, the annual fee for a scrap tire collection facility | 24061 |
license is two hundred dollars. | 24062 |
(2) The annual fee for a scrap tire collection facility | 24063 |
license for a collection facility that is owned or operated by a | 24064 |
motor vehicle salvage dealer licensed under Chapter 4738. of the | 24065 |
Revised Code is fifty dollars. | 24066 |
(E) Except as otherwise provided in divisions (C)(2) and | 24067 |
(D)(2) of this section, the same fees apply to private operators | 24068 |
and to the state and its political subdivisions and shall be paid | 24069 |
within thirty days after the issuance of a license. The fees | 24070 |
include the cost of licensing, all inspections, and other costs | 24071 |
associated with the administration of the scrap tire provisions of | 24072 |
this chapter and rules adopted under them. Each license shall | 24073 |
specify that it is conditioned upon payment of the applicable fee | 24074 |
to the board of health or the director of environmental | 24075 |
protection, as appropriate, within thirty days after the issuance | 24076 |
of the license. | 24077 |
(F) The board of health shall retain fifteen thousand | 24078 |
dollars of each license fee collected by the board under division | 24079 |
(B) of this section, or the entire amount of any such fee that is | 24080 |
less than fifteen thousand dollars, and the entire amount of each | 24081 |
license fee collected by the board under divisions (A), (C), and | 24082 |
(D) of this section. The moneys retained shall be paid into a | 24083 |
special fund, which is hereby created in each health district, and | 24084 |
used solely to administer and enforce the scrap tire provisions of | 24085 |
this chapter and rules adopted under them. The remainder, if any, | 24086 |
of each license fee collected by the board under division (B) of | 24087 |
this section shall be transmitted to the director within | 24088 |
forty-five days after receipt of the fee. | 24089 |
(G) The director shall transmit the moneys received by the | 24090 |
director from license fees collected under division (B) of this | 24091 |
section to the treasurer of state to be credited to the scrap tire | 24092 |
management fund, which is hereby created in the state treasury. | 24093 |
The fund shall consist of all federal moneys received by the | 24094 |
environmental protection agency for the scrap tire management | 24095 |
program; all grants, gifts, and contributions made to the director | 24096 |
for that program; and all other moneys that may be provided by law | 24097 |
for that program. The director shall use moneys in the fund as | 24098 |
follows: | 24099 |
(1) Expend not more than seven hundred fifty thousand | 24100 |
dollars during each fiscal year to implement, administer, and | 24101 |
enforce the scrap tire provisions of this chapter and rules | 24102 |
adopted under them; | 24103 |
(2)
| 24104 |
24105 | |
24106 | |
24107 | |
24108 | |
24109 | |
24110 | |
24111 | |
24112 | |
24113 |
| 24114 |
and management to, and the director of budget and management | 24115 |
shall,
transfer one million dollars to the scrap tire
| 24116 |
24117 | |
Revised Code for the purposes specified in that section; | 24118 |
| 24119 |
24120 | |
24121 | |
24122 |
| 24123 |
24124 | |
24125 | |
24126 | |
24127 | |
24128 | |
24129 |
| 24130 |
24131 | |
24132 | |
24133 | |
24134 | |
24135 |
(3) Expend not more than three million dollars per year | 24136 |
during fiscal years 2002 and 2003 to conduct removal actions under | 24137 |
section 3734.85 of the Revised Code and to make grants to boards | 24138 |
of health under section 3734.042 of the Revised Code. However, | 24139 |
more than three million dollars may be expended in fiscal years | 24140 |
2002 and 2003 for the purposes of division (G)(3) of this section | 24141 |
if more moneys are collected from the fee levied under division | 24142 |
(A)(2) of section 3734.901 of the Revised Code. During each | 24143 |
subsequent fiscal year the director shall expend not more than | 24144 |
four million five hundred thousand dollars to conduct removal | 24145 |
actions under section 3734.85 of the Revised Code and to make | 24146 |
grants to boards of health under section 3734.042 of the Revised | 24147 |
Code. However, more than four million five hundred thousand | 24148 |
dollars may be expended in a fiscal year for the purposes of | 24149 |
division (G)(3) of this section if more moneys are collected from | 24150 |
the fee levied under division (A)(2) of section 3734.901 of the | 24151 |
Revised Code. The director shall request the approval of the | 24152 |
controlling board prior to the use of the moneys to conduct | 24153 |
removal actions under section 3734.85 of the Revised Code. The | 24154 |
request shall be accompanied by a plan describing the removal | 24155 |
actions to be conducted during the fiscal year and an estimate of | 24156 |
the costs of conducting them. The controlling board shall approve | 24157 |
the plan only if it finds that the proposed removal actions are in | 24158 |
accordance with the priorities set forth in division (B) of | 24159 |
section 3734.85 of the Revised Code and that the costs of | 24160 |
conducting them are reasonable. Controlling board approval is not | 24161 |
required for grants made to boards of health under section | 24162 |
3734.042 of the Revised Code. | 24163 |
(H) If, during a fiscal year, more than seven million | 24164 |
dollars are credited to the scrap tire management fund, the | 24165 |
director, at the conclusion of the fiscal year, shall request the | 24166 |
director of budget and management to, and the director of budget | 24167 |
and management shall, transfer one-half of those excess moneys to | 24168 |
the scrap tire grant fund. The director shall expend the | 24169 |
remaining excess moneys in the scrap tire management fund to | 24170 |
conduct removal actions under section 3734.85 of the Revised Code | 24171 |
in accordance with the procedures established under division (I) | 24172 |
of this section. | 24173 |
(I) After the actions in divisions (G)(1) to
| 24174 |
of this section are completed during each prior fiscal year, the | 24175 |
director may expend up to the balance remaining from prior fiscal | 24176 |
years in the scrap tire management fund to conduct removal actions | 24177 |
under section 3734.85 of the Revised Code. Prior to using any | 24178 |
moneys in the fund for that purpose in a fiscal year, the director | 24179 |
shall request the approval of the controlling board for that use | 24180 |
of the moneys. The request shall be accompanied by a plan | 24181 |
describing the removal actions to be conducted during the fiscal | 24182 |
year and an estimate of the costs of conducting them. The | 24183 |
controlling board shall approve the plan only if the board finds | 24184 |
that the proposed removal actions are in accordance with the | 24185 |
priorities set forth in division (B) of section 3734.85 of the | 24186 |
Revised Code and that the costs of conducting them are reasonable. | 24187 |
Sec. 3734.901. (A)(1) For the purpose of providing revenue | 24188 |
to defray the cost of administering and enforcing the scrap tire | 24189 |
provisions of this chapter, rules adopted under those provisions, | 24190 |
and terms and conditions of orders, variances, and licenses issued | 24191 |
under those provisions; to abate accumulations of scrap tires; to | 24192 |
make grants to promote research regarding alternative methods of | 24193 |
recycling scrap tires and loans to promote the recycling or | 24194 |
recovery of energy from scrap tires; and to defray the costs of | 24195 |
administering and enforcing sections 3734.90 to 3734.9014 of the | 24196 |
Revised Code, a fee of fifty cents per tire is hereby levied on | 24197 |
the sale of tires. The fee is levied from the first day of the | 24198 |
calendar month that begins next after thirty days from October 29, | 24199 |
1993, through June 30, 2006. | 24200 |
(2) There is hereby levied an additional fee of fifty cents | 24201 |
per tire on the sale of tires the proceeds of which shall be | 24202 |
deposited in the scrap tire management fund created in section | 24203 |
3734.82 of the Revised Code and be used exclusively for the | 24204 |
purposes specified in division (G)(3) of that section. | 24205 |
(B) Only one sale of the same article shall be used in | 24206 |
computing the amount of the fee due. | 24207 |
Sec. 3734.904. (A) By the twentieth day of each month, each | 24208 |
person required to pay the fee imposed by section 3734.901 of the | 24209 |
Revised Code shall file with the
| 24210 |
commissioner a return as prescribed by the tax commissioner and | 24211 |
shall make payment of the full amount of the fee due for the | 24212 |
preceding month after deduction of any discount provided for under | 24213 |
division (E) of this section. The return shall be signed by the | 24214 |
person required to file it, or an authorized employee, officer, or | 24215 |
agent.
| 24216 |
24217 | |
24218 | |
24219 | |
when received by the
| 24220 |
(B) Any person required by this section to file a return who | 24221 |
fails to file such a return within the period prescribed may be | 24222 |
required to pay an additional charge of fifty dollars or ten per | 24223 |
cent of the fee required to be paid for the reporting period, | 24224 |
whichever is greater. The commissioner may collect the additional | 24225 |
charge by assessment pursuant to section 3734.907 of the Revised | 24226 |
Code. The commissioner may remit all or a portion of the | 24227 |
additional charge and may adopt rules relating thereto. | 24228 |
(C) If any fee due is not paid timely in accordance with | 24229 |
this section, the person liable for the fee shall pay interest, | 24230 |
calculated at the rate per annum as prescribed by section 5703.47 | 24231 |
of the Revised Code, from the date the fee payment was due to the | 24232 |
date of payment or to the date an assessment is issued, whichever | 24233 |
occurs first. Interest shall be paid in the same manner as the | 24234 |
fee, and the commissioner may collect the interest by assessment | 24235 |
pursuant to section 3734.907 of the Revised Code. | 24236 |
(D) If, in the estimation of the tax commissioner, the | 24237 |
average liability of the person liable for the fee is such as not | 24238 |
to merit monthly filing, the commissioner may authorize the person | 24239 |
to file and pay at less frequent intervals. Returns are due by | 24240 |
the twentieth day of the month following the close of the | 24241 |
applicable reporting period authorized under this division. | 24242 |
(E) If a return is filed and the amount of the fee shown to | 24243 |
be due on the return is paid on or before the date that the return | 24244 |
is required to be filed under division (A) of this section or | 24245 |
pursuant to division (D) of this section, whichever is applicable, | 24246 |
the person liable for the fee is entitled to a discount of four | 24247 |
per cent of the amount shown to be due on the return. | 24248 |
(F) All money collected by the tax commissioner under this | 24249 |
section shall be paid to the treasurer of state as revenue arising | 24250 |
from the fee imposed by section 3734.901 of the Revised Code. | 24251 |
Sec. 3735.27. (A) Whenever the director of development has | 24252 |
determined that there is need for a housing authority in any | 24253 |
portion of any county that comprises two or more political | 24254 |
subdivisions or portions thereof but is less than all the | 24255 |
territory within the county, a metropolitan housing authority | 24256 |
shall be declared to exist and the territorial limits thereof | 24257 |
shall be defined by a letter from the director. The director | 24258 |
shall issue a determination from the department of development | 24259 |
declaring that there is need for a housing authority within such | 24260 |
territorial limits
| 24261 |
(1) Unsanitary or unsafe inhabited housing accommodations | 24262 |
exist in such area; | 24263 |
(2) There is a shortage of safe and sanitary housing | 24264 |
accommodations in such area available to persons who lack the | 24265 |
amount of income which is necessary, as determined by the | 24266 |
director, to enable them, without financial assistance, to live in | 24267 |
decent, safe, and sanitary dwellings without congestion. | 24268 |
In determining whether dwelling accommodations are unsafe or | 24269 |
unsanitary the director may take into consideration the degree of | 24270 |
congestion, the percentage of land coverage, the light, air, | 24271 |
space, and access available to the inhabitants of such dwelling | 24272 |
accommodations, the size and arrangement of the rooms, the | 24273 |
sanitary facilities, and the extent to which conditions exist in | 24274 |
such buildings which endanger life or property by fire or other | 24275 |
causes. | 24276 |
The territorial limits of a housing authority, defined by the | 24277 |
director, shall be fixed for such authority upon proof of a letter | 24278 |
from the director declaring the need for such authority to | 24279 |
function in those territorial limits. Any such letter from the | 24280 |
director, any certificate of determination issued by the director, | 24281 |
and any certificate of appointment of members of the authority | 24282 |
shall be admissible in evidence in any suit, action, or | 24283 |
proceeding. | 24284 |
A certified copy of the letter from the director, declaring | 24285 |
the existence and boundaries of a housing authority district, | 24286 |
shall be immediately forwarded to each appointing authority. A | 24287 |
housing authority shall consist of five members, who shall be | 24288 |
residents of the territory embraced in such metropolitan housing | 24289 |
authority district. | 24290 |
(B) Except as otherwise provided in division (C) of this | 24291 |
section, one member shall be appointed by the probate court, one | 24292 |
member by the court of common pleas, one member by the board of | 24293 |
county commissioners, and two members by the chief executive | 24294 |
officer of the most populous city in the territory included in the | 24295 |
district, in accordance with the last preceding federal census. At | 24296 |
the time of the initial appointment of the authority, the member | 24297 |
appointed by the probate court shall be appointed for a period of | 24298 |
four years, the appointee of the court of common pleas for three | 24299 |
years, the appointee of the board of county commissioners for two | 24300 |
years, one appointee of the chief executive officer for one year | 24301 |
and one appointee of the chief executive officer for five years. | 24302 |
Thereafter, all members of the authority shall be appointed for | 24303 |
five-year terms and vacancies due to expired terms shall be filled | 24304 |
by the same appointing powers. | 24305 |
(C) For any metropolitan housing authority district that | 24306 |
| 24307 |
at least one million, two members of the authority shall be | 24308 |
appointed by the municipal legislative authority of the most | 24309 |
populous city in the territory included in the district, two | 24310 |
members by the chief executive officer of the most populous city | 24311 |
in the territory included in the district, and one member by the | 24312 |
chief executive officer, with the approval of the municipal | 24313 |
legislative authority, of the city in the district which has the | 24314 |
second highest number of housing units owned or managed by the | 24315 |
authority. | 24316 |
At the time of the initial appointment of the authority, one | 24317 |
member appointed by the municipal legislative authority of the | 24318 |
most populous city in the territory included in the district shall | 24319 |
be appointed for three years, and one for one year; the appointee | 24320 |
of the chief executive officer of the city with the second highest | 24321 |
number of housing units owned or managed by the authority shall be | 24322 |
appointed, with the approval of the municipal legislative | 24323 |
authority, for three years; one appointee of the chief executive | 24324 |
officer of the most populous city in the district shall be | 24325 |
appointed for three years, and one for one year. Thereafter, all | 24326 |
members of the authority shall be appointed for three-year terms, | 24327 |
and any vacancy shall be filled by the same appointing power that | 24328 |
made the initial appointment. At the expiration of the term of | 24329 |
any member appointed by the chief executive officer of the most | 24330 |
populous city in the territory included in the district prior to | 24331 |
March 15, 1983, the chief executive officer of the most populous | 24332 |
city in the district shall fill the vacancy by appointment for a | 24333 |
three-year term. At the expiration of the term of any member | 24334 |
appointed by the board of county commissioners prior to March 15, | 24335 |
1983, the chief executive officer of the city in the district with | 24336 |
the second highest number of housing units owned or managed by the | 24337 |
authority shall, with the approval of the municipal legislative | 24338 |
authority, fill the vacancy by appointment for a three-year term. | 24339 |
At the expiration of the term of any member appointed prior to | 24340 |
March 15, 1983 by the court of common pleas or the probate court, | 24341 |
the legislative authority of the most populous city in the | 24342 |
territory included in the district shall fill the vacancy by | 24343 |
appointment for a three-year term. | 24344 |
After March 15, 1983, at least one of the members appointed | 24345 |
by the chief executive officer of the most populous city shall be | 24346 |
a resident of a dwelling unit owned or managed by the housing | 24347 |
authority. At least one of the initial appointments by the chief | 24348 |
executive officer of the most populous city, after March 15, 1983, | 24349 |
shall be a resident of a dwelling unit owned or managed by the | 24350 |
housing authority. Thereafter, any member appointed by the chief | 24351 |
executive officer for the term established by this initial | 24352 |
appointment, or for any succeeding term thereof, shall be a person | 24353 |
who resides in a dwelling unit owned or managed by the housing | 24354 |
authority. If there is an elected, representative body of all | 24355 |
residents of the housing authority, then the chief executive | 24356 |
officer shall, whenever there is a vacancy in this resident term, | 24357 |
provide written notice of the vacancy to the representative body. | 24358 |
If the representative body submits to the chief executive officer, | 24359 |
in writing and within sixty days after the date on which it was | 24360 |
notified of the vacancy, the names of at least five residents of | 24361 |
the housing authority who are willing and qualified to serve as a | 24362 |
member, then the chief executive officer shall appoint to the | 24363 |
resident term one of the residents recommended by the | 24364 |
representative body. At no time shall residents constitute a | 24365 |
majority of the members of the authority. | 24366 |
(D) Public officials, other than the officers having the | 24367 |
appointing power under this section, shall be eligible to serve as | 24368 |
members, officers, or employees of the housing authority | 24369 |
notwithstanding any statute, charter, or law to the contrary. Not | 24370 |
more than two such public officials shall be members of the | 24371 |
authority at any one time. | 24372 |
All members of such housing authority shall serve without | 24373 |
compensation but shall be entitled to be reimbursed for all | 24374 |
necessary expenses incurred. After such district has been formed, | 24375 |
the director may enlarge the territory within such district to | 24376 |
include other political subdivisions, or portions thereof, but the | 24377 |
territorial limits of which shall be less than that of the county. | 24378 |
Sec. 3745.014. There is hereby created in the state treasury | 24379 |
the central support indirect fund, which shall be administered by | 24380 |
the director of environmental protection. Money credited to the | 24381 |
fund shall be used for administrative costs of the environmental | 24382 |
protection agency
| 24383 |
24384 | |
24385 | |
funds
| 24386 |
24387 | |
appropriations, except the central support indirect fund, for a | 24388 |
share of the
administrative costs of the agency. The
| 24389 |
24390 | |
24391 | |
shall be transferred to the central support indirect fund by means | 24392 |
of intrastate transfer vouchers. The director, with the approval | 24393 |
of the director of budget and management, shall determine the rate | 24394 |
of assessments | 24395 |
24396 | |
24397 | |
24398 |
Sec. 3745.04. As used in this section, "any person" means | 24399 |
any individual, any partnership, corporation, association, or | 24400 |
other legal entity, or any political subdivision, instrumentality, | 24401 |
or agency of a state, whether or not the individual or legal | 24402 |
entity is an applicant for or holder of a license, permit, or | 24403 |
variance from the environmental protection agency, and includes | 24404 |
any department, agency, or instrumentality of the federal | 24405 |
government that is an applicant for or holder of a license, | 24406 |
permit, or variance from the environmental protection agency. | 24407 |
As used in this section, "action" or "act" includes the | 24408 |
adoption, modification, or repeal of a rule or standard, the | 24409 |
issuance, modification, or revocation of any lawful order other | 24410 |
than an emergency order, and the issuance, denial, modification, | 24411 |
or revocation of a license, permit, lease, variance, or | 24412 |
certificate, or the approval or disapproval of plans and | 24413 |
specifications pursuant to law or rules adopted thereunder. | 24414 |
Any person who was a party to a proceeding before the | 24415 |
director of environmental protection may participate in an appeal | 24416 |
to the environmental review appeals commission for an order | 24417 |
vacating or modifying the
action of the
director
| 24418 |
24419 | |
board of health to perform an act. The environmental review | 24420 |
appeals commission has exclusive original jurisdiction over any | 24421 |
matter that may, under this section, be brought before it. | 24422 |
The person so appealing to the commission shall be known as | 24423 |
appellant, and the director and any party to a proceeding | 24424 |
substantially supporting the finding from which the appeal is | 24425 |
taken shall be known as appellee, except that when an appeal | 24426 |
involves a license to operate a disposal site or facility, the | 24427 |
local board of health or the director of environmental protection, | 24428 |
and any party to a proceeding substantially supporting the finding | 24429 |
from which the appeal is taken, shall, as appropriate, be known as | 24430 |
the appellee. Appellant and appellee shall be deemed to be | 24431 |
parties to the appeal. | 24432 |
The appeal shall be in writing and shall set forth the action | 24433 |
complained of and the grounds upon which the appeal is based. | 24434 |
The appeal shall be filed with the commission within thirty | 24435 |
days after notice of the action. Notice of the filing of the | 24436 |
appeal shall be filed with the appellee within three days after | 24437 |
the appeal is filed with the commission. | 24438 |
The appeal shall be accompanied by a filing fee of
| 24439 |
sixty dollars, which the commission, in its discretion, may waive | 24440 |
in cases of extreme hardship. | 24441 |
Within seven days after receipt of the notice of appeal, the | 24442 |
director or local board of health shall prepare and certify to the | 24443 |
commission a record of the proceedings out of which the appeal | 24444 |
arises, including all documents and correspondence, and a | 24445 |
transcript of all testimony. | 24446 |
Upon the filing of the appeal, the commission shall fix the | 24447 |
time and place at which the hearing on the appeal will be held. | 24448 |
The commission shall give the appellant and the appellee at least | 24449 |
ten days' written notice thereof by certified mail. The | 24450 |
commission shall hold the hearing within thirty days after the | 24451 |
notice of appeal is filed. The commission may postpone or | 24452 |
continue any hearing upon its own motion or upon application of | 24453 |
the appellant or of the appellee. | 24454 |
The filing of an appeal does not automatically suspend or | 24455 |
stay execution of the action appealed from. Upon application by | 24456 |
the appellant, the commission may suspend or stay
| 24457 |
execution pending immediate determination of the appeal without | 24458 |
interruption by continuances, other than for unavoidable | 24459 |
circumstances. | 24460 |
As used in this section and sections 3745.05 and 3745.06 of | 24461 |
the Revised Code, "director of environmental protection" and | 24462 |
"director" are deemed to include the director of agriculture and | 24463 |
"environmental protection agency" is deemed to include the | 24464 |
department of agriculture with respect to actions that are | 24465 |
appealable to the commission under Chapter 903. of the Revised | 24466 |
Code. | 24467 |
Sec. 3745.10. (A) Not later than ten business days after | 24468 |
receipt of an application for a permit to install under rules | 24469 |
adopted under section 3704.03 of the Revised Code or for the | 24470 |
approval of plans under section 6111.44, 6111.45, or 6111.46 of | 24471 |
the Revised Code, the director of environmental protection shall | 24472 |
send to the applicant written acknowledgement of receipt of the | 24473 |
application. The written acknowledgement shall contain a | 24474 |
statement indicating either that the application contains all of | 24475 |
the information that is necessary to perform a technical review | 24476 |
or that the application is incomplete. If the application is | 24477 |
incomplete, the written acknowledgement also shall provide a | 24478 |
description of the information that is missing from the | 24479 |
application. | 24480 |
(B) If the director fails to make the completeness | 24481 |
determination and provide written notice of that determination not | 24482 |
later than ten business days after receipt of the application, the | 24483 |
application shall be deemed to be complete in all material | 24484 |
respects on the eleventh business day after receipt of the | 24485 |
application by the director or the director's agent or authorized | 24486 |
representative. | 24487 |
(C) If, during the processing of an application, the | 24488 |
director determines, either before or after it has been determined | 24489 |
or deemed to be complete under this section, that additional | 24490 |
information is necessary in order to evaluate or take final action | 24491 |
on the application, the director may request the information in | 24492 |
writing. | 24493 |
Sec. 3745.11. (A) Applicants for and holders of permits, | 24494 |
licenses, variances, plan approvals, and certifications issued by | 24495 |
the director of environmental protection pursuant to Chapters | 24496 |
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 24497 |
to the environmental protection agency for each such issuance and | 24498 |
each application for an issuance as provided by this section. No | 24499 |
fee shall be charged for any issuance for which no application has | 24500 |
been submitted to the director. | 24501 |
(B) Prior to January 1, 1994, each person issued a permit to | 24502 |
operate, variance, or permit to install under section 3704.03 of | 24503 |
the Revised Code shall pay the fees specified in the following | 24504 |
schedule: | 24505 |
(1) Fuel-Burning Equipment | 24506 |
Input capacity | Permit | Permit | 24507 | ||
(million British | to | to | 24508 | ||
thermal units per hour) | operate | Variance | install | 24509 |
0 or more, but less than 10 | $ 75 | $225 | $ 100 | 24510 | |
10 or more, but less than 100 | 210 | 450 | 390 | 24511 | |
100 or more, but less than 300 | 270 | 675 | 585 | 24512 | |
300 or more, but less than 500 | 330 | 900 | 780 | 24513 | |
500 or more | 500 | 975 | 1000 | 24514 |
Any fuel-burning equipment using only natural gas, propane, | 24515 |
liquefied petroleum gas, or number two or lighter fuel oil shall | 24516 |
be assessed a fee one-half of that shown. | 24517 |
(2) Incinerators | 24518 |
Permit | Permit | 24519 | |||
Input capacity | to | to | 24520 | ||
(pounds per hour) | operate | Variance | install | 24521 |
0 to 50 | $ 50 | $225 | $ 65 | 24522 | |
51 to 500 | 210 | 450 | 390 | 24523 | |
501 to 2000 | 270 | 675 | 585 | 24524 | |
2001 to 30,000 | 330 | 900 | 780 | 24525 | |
more than 30,000 | 500 | 975 | 1000 | 24526 |
(3) Process | 24527 |
Permit | Permit | 24528 | |||
Process weight rate | to | to | 24529 | ||
(pounds per hour) | operate | Variance | install | 24530 |
0 to 1000 | $100 | $225 | $ 200 | 24531 | |
1001 to 5000 | 210 | 450 | 390 | 24532 | |
5001 to 10,000 | 270 | 675 | 585 | 24533 | |
10,001 to 50,000 | 330 | 900 | 780 | 24534 | |
more than 50,000 | 500 | 975 | 1000 | 24535 |
In any process where process weight rate cannot be | 24536 |
ascertained, the minimum fee shall be assessed. | 24537 |
(4) Storage tanks | 24538 |
Permit | Permit | 24539 | |||
Gallons | to | variance | to | 24540 | |
(capacity) | operate | Variance | install | 24541 |
less Less than 40,000 | $150 | $225 | $ 195 | 24542 | |
40,000 or more, but less | 24543 | ||||
than 100,000 | 210 | 450 | 390 | 24544 | |
100,000 or more, but less | 24545 | ||||
than 400,000 | 270 | 675 | 585 | 24546 | |
400,000 or more, but less | 24547 | ||||
than 1,000,000 | 330 | 900 | 780 | 24548 | |
1,000,000 or more | 500 | 975 | 1000 | 24549 |
(5) Gasoline | 24550 |
Permit | Permit | 24551 | |||
Gasoline dispensing | to | to | 24552 | ||
facilities | operate | Variance | install | 24553 |
For each gasoline | 24554 | ||||
dispensing facility | $20 | $100 | $50 | 24555 |
(6) Dry cleaning | 24556 |
Permit | Permit | 24557 | |||
Dry cleaning | to | to | 24558 | ||
facilities | operate | Variance | install | 24559 |
For each dry cleaning | 24560 | ||||
facility | $50 | $200 | $100 | 24561 |
(7) Coal mining operations regulated under Chapter 1513. of | 24562 |
the Revised Code shall be assessed a fee of two hundred fifty | 24563 |
dollars per mine or location. | 24564 |
(C)(1) Except as otherwise provided in division (C)(2) of | 24565 |
this section, beginning July 1, 1994, each person who owns or | 24566 |
operates an air contaminant source and who is required to apply | 24567 |
for and obtain a Title V permit under section 3704.036 of the | 24568 |
Revised Code shall pay the fees set forth in division (C)(1) of | 24569 |
this section. For the purposes of that division, total emissions | 24570 |
of air contaminants may be calculated using engineering | 24571 |
calculations, emissions factors, material balance calculations, or | 24572 |
performance testing procedures, as authorized by the director. | 24573 |
The following fees shall be assessed on the total actual | 24574 |
emissions from a source in tons per year of the regulated | 24575 |
pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 24576 |
organic compounds, and lead: | 24577 |
(a) Fifteen dollars per ton on the total actual emissions of | 24578 |
each such regulated pollutant during the period July through | 24579 |
December 1993, to be collected no sooner than July 1, 1994; | 24580 |
(b) Twenty dollars per ton on the total actual emissions of | 24581 |
each such regulated pollutant during calendar year 1994, to be | 24582 |
collected no sooner than April 15, 1995; | 24583 |
(c) Twenty-five dollars per ton on the total actual | 24584 |
emissions of each such regulated pollutant in calendar year 1995, | 24585 |
and each subsequent calendar year, to be collected no sooner than | 24586 |
the fifteenth day of April of the year next succeeding the | 24587 |
calendar year in which the emissions occurred. | 24588 |
The fees levied under division (C)(1) of this section do not | 24589 |
apply to that portion of the emissions of a regulated pollutant at | 24590 |
a facility that exceed four thousand tons during a calendar year. | 24591 |
(2) The fees assessed under division (C)(1) of this section | 24592 |
are for the purpose of providing funding for the Title V permit | 24593 |
program. | 24594 |
(3) The fees assessed under division (C)(1) of this section | 24595 |
do not apply to emissions from any electric generating unit | 24596 |
designated as a Phase I unit under Title IV of the federal Clean | 24597 |
Air Act prior to calendar year 2000. Those fees shall be assessed | 24598 |
on the emissions from such a generating unit commencing in | 24599 |
calendar year 2001 based upon the total actual emissions from the | 24600 |
generating unit during calendar year 2000 and shall continue to be | 24601 |
assessed each subsequent calendar year based on the total actual | 24602 |
emissions from the generating unit during the preceding calendar | 24603 |
year. | 24604 |
(4) The director shall issue invoices to owners or operators | 24605 |
of air contaminant sources who are required to pay a fee assessed | 24606 |
under division (C) or (D) of this section. Any such invoice shall | 24607 |
be issued no sooner than the applicable date when the fee first | 24608 |
may be collected in a year under the applicable division, shall | 24609 |
identify the nature and amount of the fee assessed, and shall | 24610 |
indicate that the fee is required to be paid within thirty days | 24611 |
after the issuance of the invoice. | 24612 |
(D)(1) Except as provided in division (D)(2) of this | 24613 |
section, beginning January 1, 1994, each person who owns or | 24614 |
operates an air contaminant source; who is required to apply for a | 24615 |
permit to operate pursuant to rules adopted under division (G), or | 24616 |
a variance pursuant to division (H), of section 3704.03 of the | 24617 |
Revised Code; and who is not required to apply for and obtain a | 24618 |
Title V permit under section 3704.036 of the Revised Code shall | 24619 |
pay a single fee based upon the sum of the actual annual emissions | 24620 |
from the facility of the regulated pollutants particulate matter, | 24621 |
sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 24622 |
accordance with the following schedule: | 24623 |
Total tons per year | 24624 | |||||
of regulated pollutants | Annual fee | 24625 | ||||
emitted | per facility | 24626 | ||||
More than 0, but less than 50 | $ 75 | 24627 | ||||
50 or more, but less than 100 | 300 | 24628 | ||||
100 or more | 700 | 24629 |
(2)(a) As used in division (D) of this section, "synthetic | 24630 |
minor facility" means a facility for which one or more permits to | 24631 |
install or permits to operate have been issued for the air | 24632 |
contaminant sources at the facility that include terms and | 24633 |
conditions that lower the facility's potential to emit air | 24634 |
contaminants below the major source thresholds established in | 24635 |
rules adopted under section 3704.036 of the Revised Code. | 24636 |
(b) Beginning January 1, 2000, through June 30,
| 24637 |
each person who owns or operates a synthetic minor facility shall | 24638 |
pay an annual fee based on the sum of the actual annual emissions | 24639 |
from the facility of particulate matter, sulfur dioxide, nitrogen | 24640 |
dioxide, organic compounds, and lead in accordance with the | 24641 |
following schedule: | 24642 |
Combined total tons | 24643 | ||||
per year of all regulated | Annual fee | 24644 | |||
pollutants emitted | per facility | 24645 |
Less than 10 | $ 170 | 24646 | |||
10 or more, but less than 20 | 340 | 24647 | |||
20 or more, but less than 30 | 670 | 24648 | |||
30 or more, but less than 40 | 1,010 | 24649 | |||
40 or more, but less than 50 | 1,340 | 24650 | |||
50 or more, but less than 60 | 1,680 | 24651 | |||
60 or more, but less than 70 | 2,010 | 24652 | |||
70 or more, but less than 80 | 2,350 | 24653 | |||
80 or more, but less than 90 | 2,680 | 24654 | |||
90 or more, but less than 100 | 3,020 | 24655 | |||
100 or more | 3,350 | 24656 |
(3) The fees assessed under division (D)(1) of this section | 24657 |
shall be collected annually no sooner than the fifteenth day of | 24658 |
April, commencing in 1995. The fees assessed under division | 24659 |
(D)(2) of this section shall be collected no sooner than the | 24660 |
fifteenth day of April, commencing
in 2000 | 24661 |
24662 | |
this section in a calendar year shall be based upon the sum of the | 24663 |
actual emissions of those regulated pollutants during the | 24664 |
preceding calendar year. For the purpose of division (D) of this | 24665 |
section, emissions of air contaminants may be calculated using | 24666 |
engineering calculations, emission factors, material balance | 24667 |
calculations, or performance testing procedures, as authorized by | 24668 |
the director. The director, by rule, may require persons who are | 24669 |
required to pay the fees assessed under division (D) of this | 24670 |
section to pay those fees biennially rather than annually. | 24671 |
(E)(1) Consistent with the need to cover the reasonable | 24672 |
costs of the Title V permit program, the director annually shall | 24673 |
increase the fees prescribed in division (C)(1) of this section by | 24674 |
the percentage, if any, by which the consumer price index for the | 24675 |
most recent calendar year ending before the beginning of a year | 24676 |
exceeds the consumer price index for calendar year 1989. Upon | 24677 |
calculating an increase in fees authorized by division (E)(1) of | 24678 |
this section, the director shall compile revised fee schedules for | 24679 |
the purposes of division (C)(1) of this section and shall make the | 24680 |
revised schedules available to persons required to pay the fees | 24681 |
assessed under that division and to the public. | 24682 |
(2) For the purposes of division (E)(1) of this section: | 24683 |
(a) The consumer price index for any year is the average of | 24684 |
the consumer price index for all urban consumers published by the | 24685 |
United States department of labor as of the close of the | 24686 |
twelve-month period ending on the thirty-first day of August of | 24687 |
that year | 24688 |
(b) If the 1989 consumer price index is revised, the | 24689 |
director shall use the revision of the consumer price index that | 24690 |
is most consistent with that for calendar year 1989. | 24691 |
(F) Each person who is issued a permit to install pursuant | 24692 |
to rules adopted under division (F) of section 3704.03 of the | 24693 |
Revised Code on or after January 1, 1994, shall pay the fees | 24694 |
specified in the following schedules: | 24695 |
(1) Fuel-burning equipment (boilers) | 24696 |
Input capacity (maximum) | 24697 | ||
(million British thermal units per hour) | Permit to install | 24698 | |
Greater than 0, but less than 10 | $ 200 | 24699 | |
10 or more, but less than 100 | 400 | 24700 | |
100 or more, but less than 300 | 800 | 24701 | |
300 or more, but less than 500 | 1500 | 24702 | |
500 or more, but less than 1000 | 2500 | 24703 | |
1000 or more, but less than 5000 | 4000 | 24704 | |
5000 or more | 6000 | 24705 |
Units burning exclusively natural gas, number two fuel oil, | 24706 |
or both shall be assessed a fee that is one-half the applicable | 24707 |
amount shown in division (F)(1) of this section. | 24708 |
(2) Incinerators | 24709 |
Input capacity (pounds per hour) | Permit to install | 24710 | |
0 to 100 | $ 100 | 24711 | |
101 to 500 | 400 | 24712 | |
501 to 2000 | 750 | 24713 | |
2001 to 20,000 | 1000 | 24714 | |
more than 20,000 | 2500 | 24715 |
(3)(a) Process | 24716 |
Process weight rate (pounds per hour) | Permit to install | 24717 | |
0 to 1000 | $ 200 | 24718 | |
1001 to 5000 | 400 | 24719 | |
5001 to 10,000 | 600 | 24720 | |
10,001 to 50,000 | 800 | 24721 | |
more than 50,000 | 1000 | 24722 |
In any process where process weight rate cannot be | 24723 |
ascertained, the minimum fee shall be assessed. | 24724 |
(b) Notwithstanding division (F)(3)(a) of this section, any | 24725 |
person issued a permit to install pursuant to rules adopted under | 24726 |
division (F) of section 3704.03 of the Revised Code shall pay the | 24727 |
fees set forth in division (F)(3)(c) of this section for a process | 24728 |
used in any of the following industries, as identified by the | 24729 |
applicable four-digit standard industrial classification code | 24730 |
according to the Standard Industrial Classification Manual | 24731 |
published by the United States office of management and budget in | 24732 |
the executive office of the president, 1972, as revised: | 24733 |
1211 Bituminous coal and lignite mining; | 24734 |
1213 Bituminous coal and lignite mining services; | 24735 |
1411 Dimension stone; | 24736 |
1422 Crushed and broken limestone; | 24737 |
1427 Crushed and broken stone, not elsewhere classified; | 24738 |
1442 Construction sand and gravel; | 24739 |
1446 Industrial sand; | 24740 |
3281 Cut stone and stone products; | 24741 |
3295 Minerals and earth, ground or otherwise treated. | 24742 |
(c) The fees set forth in the following schedule apply to | 24743 |
the issuance of a permit to install pursuant to rules adopted | 24744 |
under division (F) of section 3704.03 of the Revised Code for a | 24745 |
process identified in division (F)(3)(b) of this section: | 24746 |
Gallons (maximum | 24747 | |||||
useful capacity) | Permit to install | 24748 | ||||
0 to 20,000 | $ 100 | 24749 | ||||
20,001 to 40,000 | 150 | 24750 | ||||
40,001 to 100,000 | 200 | 24751 | ||||
100,001 to 250,000 | 250 | 24752 | ||||
250,001 to 500,000 | 350 | 24753 | ||||
500,001 to 1,000,000 | 500 | 24754 | ||||
1,000,001 or greater | 750 | 24755 |
(4) Storage tanks | 24756 |
Gallons (maximum useful capacity) | Permit to install | 24757 | |
0 to 20,000 | $100 | 24758 | |
20,001 to 40,000 | 150 | 24759 | |
40,001 to 100,000 | 200 | 24760 | |
100,001 to 250,000 | 250 | 24761 | |
250,001 to 500,000 | 350 | 24762 | |
500,001 to 1,000,000 | 500 | 24763 | |
1,000,001 or greater | 750 | 24764 |
(5) Gasoline/fuel dispensing facilities | 24765 |
For each gasoline/fuel | Permit to install | 24766 | ||||
dispensing facility | $ 100 | 24767 |
(6) Dry cleaning facilities | 24768 |
For each dry cleaning | 24769 | |||||
facility (includes all units | Permit to install | 24770 | ||||
at the facility) | $ 100 | 24771 |
(7) Registration status | 24772 |
For each source covered | Permit to install | 24773 | ||||
by registration status | $ 75 | 24774 |
(G) An owner or operator who is responsible for an asbestos | 24775 |
demolition or renovation project pursuant to rules adopted under | 24776 |
section 3704.03 of the Revised Code shall pay the fees set forth | 24777 |
in the following schedule: | 24778 |
Action | Fee | 24779 | ||||
Each notification | $75 | 24780 | ||||
Asbestos removal | $3/unit | 24781 | ||||
Asbestos cleanup | $4/cubic yard | 24782 |
For purposes of this division, "unit" means any combination of | 24783 |
linear feet or square feet equal to fifty. | 24784 |
(H) A person who is issued an extension of time for a permit | 24785 |
to install an air contaminant source pursuant to rules adopted | 24786 |
under division (F) of section 3704.03 of the Revised Code shall | 24787 |
pay a fee equal to one-half the fee originally assessed for the | 24788 |
permit to install under this section, except that the fee for such | 24789 |
an extension shall not exceed two hundred dollars. | 24790 |
(I) A person who is issued a modification to a permit to | 24791 |
install an air contaminant source pursuant to rules adopted under | 24792 |
section 3704.03 of the Revised Code shall pay a fee equal to | 24793 |
one-half of the fee that would be assessed under this section to | 24794 |
obtain a permit to install the source. The fee assessed by this | 24795 |
division only applies to modifications that are initiated by the | 24796 |
owner or operator of the source and shall not exceed two thousand | 24797 |
dollars. | 24798 |
(J) Notwithstanding division (B) or (F) of this section, a | 24799 |
person who applies for or obtains a permit to install pursuant to | 24800 |
rules adopted under division (F) of section 3704.03 of the Revised | 24801 |
Code after the date actual construction of the source began shall | 24802 |
pay a fee for the permit to install that is equal to twice the fee | 24803 |
that otherwise would be assessed under the applicable division | 24804 |
unless the applicant received authorization to begin construction | 24805 |
under division (W) of section 3704.03 of the Revised Code. This | 24806 |
division only applies to sources for which actual construction of | 24807 |
the source begins on or after July 1, 1993. The imposition or | 24808 |
payment of the fee established in this division does not preclude | 24809 |
the director from taking any administrative or judicial | 24810 |
enforcement action under this chapter, Chapter 3704., 3714., | 24811 |
3734., or 6111. of the Revised Code, or a rule adopted under any | 24812 |
of them, in connection with a violation of rules adopted under | 24813 |
division (F) of section 3704.03 of the Revised Code. | 24814 |
As used in this division, "actual construction of the source" | 24815 |
means the initiation of physical on-site construction activities | 24816 |
in connection with improvements to the source that are permanent | 24817 |
in nature, including, without limitation, the installation of | 24818 |
building supports and foundations and the laying of underground | 24819 |
pipework. | 24820 |
(K) Fifty cents per ton of each fee assessed under division | 24821 |
(C) of this section on actual emissions from a source and received | 24822 |
by the environmental protection agency pursuant to that division | 24823 |
shall be deposited into the state treasury to the credit of the | 24824 |
small business assistance fund created in section 3706.19 of the | 24825 |
Revised Code. The remainder of the moneys received by the | 24826 |
division pursuant to that division and moneys received by the | 24827 |
agency pursuant to divisions (D), (F), (G), (H), (I), and (J) of | 24828 |
this section shall be deposited in the state treasury to the | 24829 |
credit of the clean air fund created in section 3704.035 of the | 24830 |
Revised Code. | 24831 |
(L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 24832 |
or (c) of this section, a person issued a water discharge permit | 24833 |
or renewal of a water discharge permit pursuant to Chapter 6111. | 24834 |
of the Revised Code shall pay a fee based on each point source to | 24835 |
which the issuance is applicable in accordance with the following | 24836 |
schedule: | 24837 |
Design flow discharge (gallons per day) | Fee | 24838 | ||||
0 to 1000 | $ 0 | 24839 | ||||
1,001 to 5000 | 100 | 24840 | ||||
5,001 to 50,000 | 200 | 24841 | ||||
50,001 to 100,000 | 300 | 24842 | ||||
100,001 to 300,000 | 525 | 24843 | ||||
over 300,000 | 750 | 24844 |
(b) Notwithstanding the fee schedule specified in division | 24845 |
(L)(1)(a) of this section, the fee for a water discharge permit | 24846 |
that is applicable to coal mining operations regulated under | 24847 |
Chapter 1513. of the Revised Code shall be two hundred fifty | 24848 |
dollars per mine. | 24849 |
(c) Notwithstanding the fee schedule specified in division | 24850 |
(L)(1)(a) of this section, the fee for a water discharge permit | 24851 |
for a public discharger identified by I in the third character of | 24852 |
the permittee's NPDES permit number shall not exceed seven hundred | 24853 |
fifty dollars. | 24854 |
(2) A person applying for a plan approval for a wastewater | 24855 |
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 24856 |
of the Revised Code shall pay a fee of one hundred dollars plus | 24857 |
sixty-five one-hundredths of one per cent of the estimated project | 24858 |
cost through June 30,
| 24859 |
two-tenths of one per cent of the estimated project cost on and | 24860 |
after July 1,
| 24861 |
exceed fifteen thousand dollars through June 30,
| 24862 |
five
thousand dollars on and after July 1,
| 24863 |
shall be paid at the time the application is submitted. | 24864 |
(3) A person issued a modification of a water discharge | 24865 |
permit shall pay a fee equal to one-half the fee that otherwise | 24866 |
would be charged for a water discharge permit, except that the fee | 24867 |
for the modification shall not exceed four hundred dollars. | 24868 |
(4) A person who has entered into an agreement with the | 24869 |
director under section 6111.14 of the Revised Code shall pay an | 24870 |
administrative service fee for each plan submitted under that | 24871 |
section for approval that shall not exceed the minimum amount | 24872 |
necessary to pay administrative costs directly attributable to | 24873 |
processing plan approvals. The director annually shall calculate | 24874 |
the fee and shall notify all persons who have entered into | 24875 |
agreements under that section, or who have applied for agreements, | 24876 |
of the amount of the fee. | 24877 |
(5)(a)(i) Not later than January 30,
| 24878 |
30,
| 24879 |
pursuant to Chapter 6111. of the Revised Code with an average | 24880 |
daily discharge flow of five thousand gallons or more shall pay a | 24881 |
nonrefundable annual discharge fee. Any person who fails to pay | 24882 |
the fee at that time shall pay an additional amount that equals | 24883 |
ten per cent of the required annual discharge fee. | 24884 |
(ii) The billing year for the annual discharge fee | 24885 |
established in division (L)(5)(a)(i) of this section shall consist | 24886 |
of a twelve-month period beginning on the first day of January of | 24887 |
the year preceding the date when the annual discharge fee is due. | 24888 |
In the case of an existing source that permanently ceases to | 24889 |
discharge during a billing year, the director shall reduce the | 24890 |
annual discharge fee, including the surcharge applicable to | 24891 |
certain industrial facilities pursuant to division (L)(5)(c) of | 24892 |
this section, by one-twelfth for each full month during the | 24893 |
billing year that the source was not discharging, but only if the | 24894 |
person holding the NPDES discharge permit for the source notifies | 24895 |
the director in writing, not later than the first day of October | 24896 |
of the billing year, of the circumstances causing the cessation of | 24897 |
discharge. | 24898 |
(iii) The annual discharge fee established in division | 24899 |
(L)(5)(a)(i) of this section, except for the surcharge applicable | 24900 |
to certain industrial facilities pursuant to division (L)(5)(c) of | 24901 |
this section, shall be based upon the average daily discharge flow | 24902 |
in gallons per day calculated using first day of May through | 24903 |
thirty-first day of October flow data for the period two years | 24904 |
prior to the date on which the fee is due. In the case of NPDES | 24905 |
discharge permits for new sources, the fee shall be calculated | 24906 |
using the average daily design flow of the facility until actual | 24907 |
average daily discharge flow values are available for the time | 24908 |
period specified in division (L)(5)(a)(iii) of this section. The | 24909 |
annual discharge fee may be prorated for a new source as described | 24910 |
in division (L)(5)(a)(ii) of this section. | 24911 |
(b) An NPDES permit holder that is a public discharger shall | 24912 |
pay the fee specified in the following schedule: | 24913 |
Average daily | Fee due by | Fee due by | 24914 | |||
discharge flow | January 30, 2000 | January 30, 2001 | 24915 | |||
2002, and | 24916 | |||||
January 30, 2003 | 24917 |
5,000 to 49,999 | $ 180 | $ 200 | 24918 | |||
50,000 to 100,000 | 450 | 500 | 24919 | |||
100,001 to 250,000 | 900 | 1,050 | 24920 | |||
250,001 to 1,000,000 | 2,250 | 2,600 | 24921 | |||
1,000,001 to 5,000,000 | 4,500 | 5,200 | 24922 | |||
5,000,001 to 10,000,000 | 9,000 | 10,350 | 24923 | |||
10,000,001 to 20,000,000 | 13,500 | 15,550 | 24924 | |||
20,000,001 to 50,000,000 | 22,500 | 25,900 | 24925 | |||
50,000,001 to 100,000,000 | 36,000 | 41,400 | 24926 | |||
100,000,001 or more | 54,000 | 62,100 | 24927 |
Public dischargers owning or operating two or more publicly | 24928 |
owned treatment works serving the same political subdivision, as | 24929 |
"treatment works" is defined in section 6111.01 of the Revised | 24930 |
Code, and that serve exclusively political subdivisions having a | 24931 |
population of fewer than one hundred thousand shall pay an annual | 24932 |
discharge fee under division (L)(5)(b) of this section that is | 24933 |
based on the combined average daily discharge flow of the | 24934 |
treatment works. | 24935 |
| 24936 |
discharger, other than a coal mining operator identified by P in | 24937 |
the third character of the permittee's NPDES permit number, shall | 24938 |
pay the fee specified in the following schedule: | 24939 |
Average daily | Fee due by | Fee due by | 24940 | |||
discharge flow | January 30, 2000 | January 30, 2001 | 24941 | |||
2002, and | 24942 | |||||
January 30, 2003 | 24943 |
5,000 to 49,999 | $ 180 | $ 250 | 24944 | |||
50,000 to 250,000 | 900 | 1,200 | 24945 | |||
250,001 to 1,000,000 | 2,250 | 2,950 | 24946 | |||
1,000,001 to 5,000,000 | 4,500 | 5,850 | 24947 | |||
5,000,001 to 10,000,000 | 6,750 | 8,800 | 24948 | |||
10,000,001 to 20,000,000 | 9,000 | 11,700 | 24949 | |||
20,000,001 to 100,000,000 | 10,800 | 14,050 | 24950 | |||
100,000,001 to 250,000,000 | 12,600 | 16,400 | 24951 | |||
250,000,001 or more | 14,400 | 18,700 | 24952 |
In addition to the fee specified in the above schedule, an | 24953 |
NPDES permit holder that is an industrial discharger classified as | 24954 |
a major discharger during all or part of the annual discharge fee | 24955 |
billing year specified in division (L)(5)(a)(ii) of this section | 24956 |
shall pay a nonrefundable annual surcharge of
| 24957 |
24958 | |
24959 | |
dollars not later than
January 30,
| 24960 |
January 30, 2003. Any person who fails to pay the surcharge at | 24961 |
that time shall pay an additional amount that equals ten per cent | 24962 |
of the amount of the surcharge. | 24963 |
(d) Notwithstanding divisions (L)(5)(b) and (c) of this | 24964 |
section, a public discharger identified by I in the third | 24965 |
character of the permittee's NPDES permit number and an industrial | 24966 |
discharger identified by I, J, L, V, W, X, Y, or Z in the third | 24967 |
character of the permittee's NPDES permit number shall pay a | 24968 |
nonrefundable annual discharge fee of one hundred eighty dollars | 24969 |
not later than
January 30,
| 24970 |
30,
| 24971 |
shall pay an additional amount that equals ten per cent of the | 24972 |
required fee. | 24973 |
(6) Each person obtaining a national pollutant discharge | 24974 |
elimination system general or individual permit for municipal | 24975 |
storm water discharge shall pay a nonrefundable storm water | 24976 |
discharge fee of one hundred dollars per square mile of area | 24977 |
permitted. The fee shall not exceed ten thousand dollars and | 24978 |
shall be payable on or before January 30, 2004, and the thirtieth | 24979 |
day of January of each year thereafter. Any person who fails to | 24980 |
pay the fee on the date specified in division (L)(6) of this | 24981 |
section shall pay an additional amount per year equal to ten per | 24982 |
cent of the annual fee that is unpaid. | 24983 |
(7) The director shall transmit all moneys collected under | 24984 |
division (L) of this section to the treasurer of state for deposit | 24985 |
into the state treasury to the credit of the surface water | 24986 |
protection fund created in section 6111.038 of the Revised Code. | 24987 |
| 24988 |
(a) "NPDES" means the federally approved national pollutant | 24989 |
discharge elimination system program for issuing, modifying, | 24990 |
revoking, reissuing, terminating, monitoring, and enforcing | 24991 |
permits and imposing and enforcing pretreatment requirements under | 24992 |
Chapter 6111. of the Revised Code and rules adopted under it. | 24993 |
(b) "Public discharger" means any holder of an NPDES permit | 24994 |
identified by P in the second character of the NPDES permit number | 24995 |
assigned by the director. | 24996 |
(c) "Industrial discharger" means any holder of an NPDES | 24997 |
permit identified by I in the second character of the NPDES permit | 24998 |
number assigned by the director. | 24999 |
(d) "Major discharger" means any holder of an NPDES permit | 25000 |
classified as major by the regional administrator of the United | 25001 |
States environmental protection agency in conjunction with the | 25002 |
director. | 25003 |
(M) Through June 30,
| 25004 |
license or license renewal to operate a public water system under | 25005 |
section 6109.21 of the Revised Code shall pay the appropriate fee | 25006 |
established under this division at the time of application to the | 25007 |
director. Any person who fails to pay the fee at that time shall | 25008 |
pay an additional amount that equals ten per cent of the required | 25009 |
fee. The director shall transmit all moneys collected under this | 25010 |
division to the treasurer of state for deposit into the drinking | 25011 |
water protection fund created in section 6109.30 of the Revised | 25012 |
Code. | 25013 |
Fees required under this division shall be calculated and | 25014 |
paid in accordance with the following schedule: | 25015 |
(1) For the initial license required under division (A)(1) | 25016 |
of section 6109.21 of the Revised Code for any public water system | 25017 |
that is a community water system as defined in section 6109.01 of | 25018 |
the Revised Code, and for each license renewal required for such a | 25019 |
system prior to January 31,
| 25020 |
Number of service connections | Fee amount | 25021 | ||||
Not more than 49 | $56 | 25022 | ||||
50 to 99 | 88 | 25023 |
Number of service connections | Average cost per connection | 25024 | ||||
100 to 2,499 | $.96 | 25025 | ||||
2,500 to 4,999 | .92 | 25026 | ||||
5,000 to 7,499 | .88 | 25027 | ||||
7,500 to 9,999 | .84 | 25028 | ||||
10,000 to 14,999 | .80 | 25029 | ||||
15,000 to 24,999 | .76 | 25030 | ||||
25,000 to 49,999 | .72 | 25031 | ||||
50,000 to 99,999 | .68 | 25032 | ||||
100,000 to 149,999 | .64 | 25033 | ||||
150,000 to 199,999 | .60 | 25034 | ||||
200,000 or more | .56 | 25035 |
A public water system may determine how it will pay the total | 25036 |
amount of the fee calculated under division (M)(1) of this | 25037 |
section, including the assessment of additional user fees that may | 25038 |
be assessed on a volumetric basis. | 25039 |
As used in division (M)(1) of this section, "service | 25040 |
connection" means the number of active or inactive pipes, | 25041 |
goosenecks, pigtails, and any other fittings connecting a water | 25042 |
main to any building outlet. | 25043 |
(2) For the initial license required under division (A)(2) | 25044 |
of section 6109.21 of the Revised Code for any public water system | 25045 |
that is not a community water system and serves a nontransient | 25046 |
population, and for each license renewal required for such a | 25047 |
system prior to January 31,
| 25048 |
Population served | Fee amount | 25049 | ||||
Fewer than 150 | $ 56 | 25050 | ||||
150 to 299 | 88 | 25051 | ||||
300 to 749 | 192 | 25052 | ||||
750 to 1,499 | 392 | 25053 | ||||
1,500 to 2,999 | 792 | 25054 | ||||
3,000 to 7,499 | 1,760 | 25055 | ||||
7,500 to 14,999 | 3,800 | 25056 | ||||
15,000 to 22,499 | 6,240 | 25057 | ||||
22,500 to 29,999 | 8,576 | 25058 | ||||
30,000 or more | 11,600 | 25059 |
As used in division (M)(2) of this section, "population | 25060 |
served" means the total number of individuals receiving water from | 25061 |
the water supply during a twenty-four-hour period for at least | 25062 |
sixty days during any calendar year. In the absence of a specific | 25063 |
population count, that number shall be calculated at the rate of | 25064 |
three individuals per service connection. | 25065 |
(3) For the initial license required under division (A)(3) | 25066 |
of section 6109.21 of the Revised Code for any public water system | 25067 |
that is not a community water system and serves a transient | 25068 |
population, and for each license renewal required for such a | 25069 |
system prior to January 31,
| 25070 |
Number of wells supplying system | Fee amount | 25071 | ||||
1 | $ 56 | 25072 | ||||
2 | 56 | 25073 | ||||
3 | 88 | 25074 | ||||
4 | 192 | 25075 | ||||
5 | 392 | 25076 | ||||
System supplied by surface | 25077 | |||||
water, springs, or dug wells | 792 | 25078 |
As used in division (M)(3) of this section, "number of wells | 25079 |
supplying system" means those wells that are physically connected | 25080 |
to the plumbing system serving the public water system. | 25081 |
(N)(1) A person applying for a plan approval for a public | 25082 |
water supply system under section 6109.07 of the Revised Code | 25083 |
shall pay a fee of one hundred dollars plus two-tenths of one per | 25084 |
cent of the estimated project cost, except that the total fee | 25085 |
shall not exceed fifteen thousand dollars through June 30,
| 25086 |
2004, and five thousand dollars on and after July 1,
| 25087 |
The fee shall be paid at the time the application is submitted. | 25088 |
(2) A person who has entered into an agreement with the | 25089 |
director under division (A)(2) of section 6109.07 of the Revised | 25090 |
Code shall pay an administrative service fee for each plan | 25091 |
submitted under that section for approval that shall not exceed | 25092 |
the minimum amount necessary to pay administrative costs directly | 25093 |
attributable to processing plan approvals. The director annually | 25094 |
shall calculate the fee and shall notify all persons that have | 25095 |
entered into agreements under that division, or who have applied | 25096 |
for agreements, of the amount of the fee. | 25097 |
(3) Through June 30,
| 25098 |
survey basis, shall be charged any person for services rendered by | 25099 |
the state in the evaluation of laboratories and laboratory | 25100 |
personnel for compliance with accepted analytical techniques and | 25101 |
procedures established pursuant to Chapter 6109. of the Revised | 25102 |
Code for determining the qualitative characteristics of water: | 25103 |
microbiological | $1,650 | 25104 | ||||
organic chemical | 3,500 | 25105 | ||||
inorganic chemical | 3,500 | 25106 | ||||
standard chemistry | 1,800 | 25107 | ||||
limited chemistry | 1,000 | 25108 |
On and after July 1,
| 25109 |
survey basis, shall be charged any such person: | 25110 |
microbiological | $250 | 25111 | ||||
chemical/radiological | 250 | 25112 | ||||
nitrate/turbidity (only) | 150 | 25113 |
The fee for those services shall be paid at the time the request | 25114 |
for the survey is made. Through June 30,
| 25115 |
laboratory shall not be assessed a fee under this division more | 25116 |
than once in any three-year period. | 25117 |
The director shall transmit all moneys collected under this | 25118 |
division to the treasurer of state for deposit into the drinking | 25119 |
water protection fund created in section 6109.30 of the Revised | 25120 |
Code. | 25121 |
(O) Any person applying to the director for examination for | 25122 |
certification as an operator of a water supply system or | 25123 |
wastewater system under Chapter 6109. or 6111. of the Revised | 25124 |
Code, at the time the application is submitted, shall pay an | 25125 |
application fee of twenty-five dollars through June 30,
| 25126 |
and ten dollars on and after July 1,
| 25127 |
from the director that the applicant is eligible to take the | 25128 |
examination therefor, the applicant shall pay a fee in accordance | 25129 |
with the following
schedule through June 30,
| 25130 |
Class I operator | $45 | 25131 | ||||
Class II operator | 55 | 25132 | ||||
Class III operator | 65 | 25133 | ||||
Class IV operator | 75 | 25134 |
On and after July 1,
| 25135 |
in accordance with the following schedule: | 25136 |
Class I operator | $25 | 25137 | ||||
Class II operator | 35 | 25138 | ||||
Class III operator | 45 | 25139 | ||||
Class IV operator | 55 | 25140 |
The director shall transmit all moneys collected under this | 25141 |
division to the treasurer of state for deposit into the drinking | 25142 |
water protection fund created in section 6109.30 of the Revised | 25143 |
Code. | 25144 |
(P) Through June 30,
| 25145 |
application for an industrial water pollution control certificate | 25146 |
under section 6111.31 of the Revised Code shall pay a | 25147 |
nonrefundable fee of five hundred dollars at the time the | 25148 |
application is submitted. The director shall transmit all moneys | 25149 |
collected under this division to the treasurer of state for | 25150 |
deposit into the surface water protection fund created in section | 25151 |
6111.038 of the Revised Code. A person paying a certificate fee | 25152 |
under this division shall not pay an application fee under | 25153 |
division (S)(1) of this section. | 25154 |
(Q) Except as otherwise provided in division (R) of this | 25155 |
section, a person issued a permit by the director for a new solid | 25156 |
waste disposal facility other than an incineration or composting | 25157 |
facility, a new infectious waste treatment facility other than an | 25158 |
incineration facility, or a modification of such an existing | 25159 |
facility that includes an increase in the total disposal or | 25160 |
treatment capacity of the facility pursuant to Chapter 3734. of | 25161 |
the Revised Code shall pay a fee of ten dollars per thousand cubic | 25162 |
yards of disposal or treatment capacity, or one thousand dollars, | 25163 |
whichever is greater, except that the total fee for any such | 25164 |
permit shall not exceed eighty thousand dollars. A person issued | 25165 |
a modification of a permit for a solid waste disposal facility or | 25166 |
an infectious waste treatment facility that does not involve an | 25167 |
increase in the total disposal or treatment capacity of the | 25168 |
facility shall pay a fee of one thousand dollars. A person issued | 25169 |
a permit to install a new, or modify an existing, solid waste | 25170 |
transfer facility under that chapter shall pay a fee of two | 25171 |
thousand five hundred dollars. A person issued a permit to | 25172 |
install a new or to modify an existing solid waste incineration or | 25173 |
composting facility, or an existing infectious waste treatment | 25174 |
facility using incineration as its principal method of treatment, | 25175 |
under that chapter shall pay a fee of one thousand dollars. The | 25176 |
increases in the permit fees under this division resulting from | 25177 |
the amendments made by Amended Substitute House Bill 592 of the | 25178 |
117th general assembly do not apply to any person who submitted an | 25179 |
application for a permit to install a new, or modify an existing, | 25180 |
solid waste disposal facility under that chapter prior to | 25181 |
September 1, 1987; any such person shall pay the permit fee | 25182 |
established in this division as it existed prior to June 24, 1988. | 25183 |
In addition to the applicable permit fee under this division, a | 25184 |
person issued a permit to install or modify a solid waste facility | 25185 |
or an infectious waste treatment facility under that chapter who | 25186 |
fails to pay the permit fee to the director in compliance with | 25187 |
division (V) of this section shall pay an additional ten per cent | 25188 |
of the amount of the fee for each week that the permit fee is | 25189 |
late. | 25190 |
Permit and late payment fees paid to the director under this | 25191 |
division shall be credited to the general revenue fund. | 25192 |
(R)(1) A person issued a registration certificate for a | 25193 |
scrap tire collection facility under section 3734.75 of the | 25194 |
Revised Code shall pay a fee of two hundred dollars, except that | 25195 |
if the facility is owned or operated by a motor vehicle salvage | 25196 |
dealer licensed under Chapter 4738. of the Revised Code, the | 25197 |
person shall pay a fee of twenty-five dollars. | 25198 |
(2) A person issued a registration certificate for a new | 25199 |
scrap tire storage facility under section 3734.76 of the Revised | 25200 |
Code shall pay a fee of three hundred dollars, except that if the | 25201 |
facility is owned or operated by a motor vehicle salvage dealer | 25202 |
licensed under Chapter 4738. of the Revised Code, the person shall | 25203 |
pay a fee of twenty-five dollars. | 25204 |
(3) A person issued a permit for a scrap tire storage | 25205 |
facility under section 3734.76 of the Revised Code shall pay a fee | 25206 |
of one thousand dollars, except that if the facility is owned or | 25207 |
operated by a motor vehicle salvage dealer licensed under Chapter | 25208 |
4738. of the Revised Code, the person shall pay a fee of fifty | 25209 |
dollars. | 25210 |
(4) A person issued a permit for a scrap tire monocell or | 25211 |
monofill facility under section 3734.77 of the Revised Code shall | 25212 |
pay a fee of ten dollars per thousand cubic yards of disposal | 25213 |
capacity or one thousand dollars, whichever is greater, except | 25214 |
that the total fee for any such permit shall not exceed eighty | 25215 |
thousand dollars. | 25216 |
(5) A person issued a registration certificate for a scrap | 25217 |
tire recovery facility under section 3734.78 of the Revised Code | 25218 |
shall pay a fee of one hundred dollars. | 25219 |
(6) A person issued a permit for a scrap tire recovery | 25220 |
facility under section 3734.78 of the Revised Code shall pay a fee | 25221 |
of one thousand dollars. | 25222 |
(7) In addition to the applicable registration certificate | 25223 |
or permit fee under divisions (R)(1) to (6) of this section, a | 25224 |
person issued a registration certificate or permit for any such | 25225 |
scrap tire facility who fails to pay the registration certificate | 25226 |
or permit fee to the director in compliance with division (V) of | 25227 |
this section shall pay an additional ten per cent of the amount of | 25228 |
the fee for each week that the fee is late. | 25229 |
(8) The registration certificate, permit, and late payment | 25230 |
fees paid to the director under divisions (R)(1) to (7) of this | 25231 |
section shall be credited to the scrap tire management fund | 25232 |
created in section 3734.82 of the Revised Code. | 25233 |
(S)(1) Except as provided by divisions (L), (M), (N), (O), | 25234 |
(P), and (S)(2) of this section, division (A)(2) of section | 25235 |
3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 25236 |
and rules adopted under division (T)(1) of this section, any | 25237 |
person applying for a registration certificate under section | 25238 |
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 25239 |
variance, or plan approval under Chapter 3734. of the Revised Code | 25240 |
shall pay a nonrefundable fee of fifteen dollars at the time the | 25241 |
application is submitted. | 25242 |
Except as otherwise provided, any person applying for a | 25243 |
permit, variance, or plan approval under Chapter 6109. or 6111. of | 25244 |
the Revised Code shall pay a nonrefundable fee of one hundred | 25245 |
dollars at the time the application is submitted through June 30, | 25246 |
| 25247 |
the application is submitted on and after July 1,
| 25248 |
Through June 30,
| 25249 |
pollutant discharge elimination system permit under Chapter 6111. | 25250 |
of the Revised Code shall pay a nonrefundable fee of two hundred | 25251 |
dollars at the time of application for the permit. On and after | 25252 |
July 1,
| 25253 |
fifteen dollars at the time of application. | 25254 |
In addition to the application fee established under division | 25255 |
(S)(1) of this section, any person applying for a national | 25256 |
pollutant discharge elimination system general storm water | 25257 |
construction permit shall pay a nonrefundable fee of twenty | 25258 |
dollars per acre for each acre that is permitted above five acres | 25259 |
at the time the application is submitted. However, the per | 25260 |
acreage fee shall not exceed three hundred dollars. In addition, | 25261 |
any person applying for a national pollutant discharge elimination | 25262 |
system general storm water industrial permit shall pay a | 25263 |
nonrefundable fee of one hundred fifty dollars at the time the | 25264 |
application is submitted. | 25265 |
The director shall transmit all moneys collected under | 25266 |
division (S)(1) of this section pursuant to Chapter 6109. of the | 25267 |
Revised Code to the treasurer of state for deposit into the | 25268 |
drinking water protection fund created in section 6109.30 of the | 25269 |
Revised Code. | 25270 |
The director shall transmit all moneys collected under | 25271 |
division (S)(1) of this section pursuant to Chapter 6111. of the | 25272 |
Revised Code to the treasurer of state for deposit into the | 25273 |
surface water protection fund created in section 6111.038 of the | 25274 |
Revised Code. | 25275 |
If a registration certificate is issued under section | 25276 |
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 25277 |
the application fee paid shall be deducted from the amount of the | 25278 |
registration certificate fee due under division (R)(1), (2), or | 25279 |
(5) of this section, as applicable. | 25280 |
(2) Division (S)(1) of this section does not apply to an | 25281 |
application for a registration certificate for a scrap tire | 25282 |
collection or storage facility submitted under section 3734.75 or | 25283 |
3734.76 of the Revised Code, as applicable, if the owner or | 25284 |
operator of the facility or proposed facility is a motor vehicle | 25285 |
salvage dealer licensed under Chapter 4738. of the Revised Code. | 25286 |
(T) The director may adopt, amend, and rescind rules in | 25287 |
accordance with Chapter 119. of the Revised Code that do all of | 25288 |
the following: | 25289 |
(1) Prescribe fees to be paid by applicants for and holders | 25290 |
of any license, permit, variance, plan approval, or certification | 25291 |
required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 25292 |
the Revised Code that are not specifically established in this | 25293 |
section. The fees shall be designed to defray the cost of | 25294 |
processing, issuing, revoking, modifying, denying, and enforcing | 25295 |
the licenses, permits, variances, plan approvals, and | 25296 |
certifications. | 25297 |
The director shall transmit all moneys collected under rules | 25298 |
adopted under division (T)(1) of this section pursuant to Chapter | 25299 |
6109. of the Revised Code to the treasurer of state for deposit | 25300 |
into the drinking water protection fund created in section 6109.30 | 25301 |
of the Revised Code. | 25302 |
The director shall transmit all moneys collected under rules | 25303 |
adopted under division (T)(1) of this section pursuant to Chapter | 25304 |
6111. of the Revised Code to the treasurer of state for deposit | 25305 |
into the surface water protection fund created in section 6111.038 | 25306 |
of the Revised Code. | 25307 |
(2) Exempt the state and political subdivisions thereof, | 25308 |
including education facilities or medical facilities owned by the | 25309 |
state or a political subdivision, or any person exempted from | 25310 |
taxation by section 5709.07 or 5709.12 of the Revised Code, from | 25311 |
any fee required by this section; | 25312 |
(3) Provide for the waiver of any fee, or any part thereof, | 25313 |
otherwise required by this section whenever the director | 25314 |
determines that the imposition of the fee would constitute an | 25315 |
unreasonable cost of doing business for any applicant, class of | 25316 |
applicants, or other person subject to the fee; | 25317 |
(4) Prescribe measures that the director considers necessary | 25318 |
to carry out this section. | 25319 |
(U) When the director reasonably demonstrates that the | 25320 |
direct cost to the state associated with the issuance of a permit | 25321 |
to install, license, variance, plan approval, or certification | 25322 |
exceeds the fee for the issuance or review specified by this | 25323 |
section, the director may condition the issuance or review on the | 25324 |
payment by the person receiving the issuance or review of, in | 25325 |
addition to the fee specified by this section, the amount, or any | 25326 |
portion thereof, in excess of the fee specified under this | 25327 |
section. The director shall not so condition issuances for which | 25328 |
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 25329 |
section. | 25330 |
(V) Except as provided in divisions (L), (M), and (P) of | 25331 |
this section or unless otherwise prescribed by a rule of the | 25332 |
director adopted pursuant to Chapter 119. of the Revised Code, all | 25333 |
fees required by this section are payable within thirty days after | 25334 |
the issuance of an invoice for the fee by the director or the | 25335 |
effective date of the issuance of the license, permit, variance, | 25336 |
plan approval, or certification. If payment is late, the person | 25337 |
responsible for payment of the fee shall pay an additional ten per | 25338 |
cent of the amount due for each month that it is late. | 25339 |
(W) As used in this section, "fuel-burning equipment," | 25340 |
"fuel-burning equipment input capacity," "incinerator," | 25341 |
"incinerator input capacity," "process," "process weight rate," | 25342 |
"storage tank," "gasoline dispensing facility," "dry cleaning | 25343 |
facility," "design flow discharge," and "new source treatment | 25344 |
works" have the meanings ascribed to those terms by applicable | 25345 |
rules or standards adopted by the director under Chapter 3704. or | 25346 |
6111. of the Revised Code. | 25347 |
(X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 25348 |
and (J) of this section, and in any other provision of this | 25349 |
section pertaining to fees paid pursuant to Chapter 3704. of the | 25350 |
Revised Code: | 25351 |
(1) "Facility," "federal Clean Air Act," "person," and "Title | 25352 |
V permit" have the same meanings as in section 3704.01 of the | 25353 |
Revised Code. | 25354 |
(2) "Title V permit program" means the following activities | 25355 |
as necessary to meet the requirements of Title V of the federal | 25356 |
Clean Air Act and 40 C.F.R. part 70, including at least: | 25357 |
(a) Preparing and adopting, if applicable, generally | 25358 |
applicable rules or guidance regarding the permit program or its | 25359 |
implementation or enforcement; | 25360 |
(b) Reviewing and acting on any application for a Title V | 25361 |
permit, permit revision, or permit renewal, including the | 25362 |
development of an applicable requirement as part of the processing | 25363 |
of a permit, permit revision, or permit renewal; | 25364 |
(c) Administering the permit program, including the | 25365 |
supporting and tracking of permit applications, compliance | 25366 |
certification, and related data entry; | 25367 |
(d) Determining which sources are subject to the program and | 25368 |
implementing and enforcing the terms of any Title V permit, not | 25369 |
including any court actions or other formal enforcement actions; | 25370 |
(e) Emission and ambient monitoring; | 25371 |
(f) Modeling, analyses, or demonstrations; | 25372 |
(g) Preparing inventories and tracking emissions; | 25373 |
(h) Providing direct and indirect support to small business | 25374 |
stationary sources to determine and meet their obligations under | 25375 |
the federal Clean Air Act pursuant to the small business | 25376 |
stationary source technical and environmental compliance | 25377 |
assistance program required by section 507 of that act and | 25378 |
established in sections 3704.18, 3704.19, and 3706.19 of the | 25379 |
Revised Code. | 25380 |
(Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 25381 |
of this section, each sewage sludge facility shall pay a | 25382 |
nonrefundable annual sludge fee equal to three dollars and fifty | 25383 |
cents per dry ton of sewage sludge, including the dry tons of | 25384 |
sewage sludge in materials derived from sewage sludge, that the | 25385 |
sewage sludge facility treats or disposes of in this state. The | 25386 |
annual volume of sewage sludge treated or disposed of by a sewage | 25387 |
sludge facility shall be calculated using the first day of January | 25388 |
through the thirty-first day of December of the calendar year | 25389 |
preceding the date on which payment of the fee is due. | 25390 |
(2)(a) Except as provided in division (Y)(2)(d) of this | 25391 |
section, each sewage sludge facility shall pay a minimum annual | 25392 |
sewage sludge fee of one hundred dollars. | 25393 |
(b) The annual sludge fee required to be paid by a sewage | 25394 |
sludge facility that treats or disposes of exceptional quality | 25395 |
sludge in this state shall be thirty-five per cent less per dry | 25396 |
ton of exceptional quality sludge than the fee assessed under | 25397 |
division (Y)(1) of this section, subject to the following | 25398 |
exceptions: | 25399 |
(i) Except as provided in division (Y)(2)(d) of this | 25400 |
section, a sewage sludge facility that treats or disposes of | 25401 |
exceptional quality sludge shall pay a minimum annual sewage | 25402 |
sludge fee of one hundred dollars. | 25403 |
(ii) A sewage sludge facility that treats or disposes of | 25404 |
exceptional quality sludge shall not be required to pay the annual | 25405 |
sludge fee for treatment or disposal in this state of exceptional | 25406 |
quality sludge generated outside of this state and contained in | 25407 |
bags or other containers not greater than one hundred pounds in | 25408 |
capacity. | 25409 |
A thirty-five per cent reduction for exceptional quality | 25410 |
sludge applies to the maximum annual fees established under | 25411 |
division (Y)(3) of this section. | 25412 |
(c) A sewage sludge facility that transfers sewage sludge to | 25413 |
another sewage sludge facility in this state for further treatment | 25414 |
prior to disposal in this state shall not be required to pay the | 25415 |
annual sludge fee for the tons of sewage sludge that have been | 25416 |
transferred. In such a case, the sewage sludge facility that | 25417 |
disposes of the sewage sludge shall pay the annual sludge fee. | 25418 |
However, the facility transferring the sewage sludge shall pay the | 25419 |
one-hundred-dollar minimum fee required under division (Y)(2)(a) | 25420 |
of this section. | 25421 |
In the case of a sewage sludge facility that treats sewage | 25422 |
sludge in this state and transfers it out of this state to another | 25423 |
entity for disposal, the sewage sludge facility in this state | 25424 |
shall be required to pay the annual sludge fee for the tons of | 25425 |
sewage sludge that have been transferred. | 25426 |
(d) A sewage sludge facility that generates sewage sludge | 25427 |
resulting from an average daily discharge flow of less than five | 25428 |
thousand gallons per day is not subject to the fees assessed under | 25429 |
division (Y) of this section. | 25430 |
(3) No sewage sludge facility required to pay the annual | 25431 |
sludge fee shall be required to pay more than the maximum annual | 25432 |
fee for each disposal method that the sewage sludge facility uses. | 25433 |
The maximum annual fee does not include the additional amount that | 25434 |
may be charged under division (Y)(5) of this section for late | 25435 |
payment of the annual sludge fee. The maximum annual fee for the | 25436 |
following methods of disposal of sewage sludge is as follows: | 25437 |
(a) Incineration: five thousand dollars; | 25438 |
(b) Preexisting land reclamation project or disposal in a | 25439 |
landfill: five thousand dollars; | 25440 |
(c) Land application, land reclamation, surface disposal, or | 25441 |
any other disposal method not specified in division (Y)(3)(a) or | 25442 |
(b) of this section: twenty thousand dollars. | 25443 |
(4)(a) In the case of an entity that generates sewage sludge | 25444 |
or a sewage sludge facility that treats sewage sludge and | 25445 |
transfers the sewage sludge to an incineration facility for | 25446 |
disposal, the incineration facility, and not the entity generating | 25447 |
the sewage sludge or the sewage sludge facility treating the | 25448 |
sewage sludge, shall pay the annual sludge fee for the tons of | 25449 |
sewage sludge that are transferred. However, the entity or | 25450 |
facility generating or treating the sewage sludge shall pay the | 25451 |
one-hundred-dollar minimum fee required under division (Y)(2)(a) | 25452 |
of this section. | 25453 |
(b) In the case of an entity that generates sewage sludge | 25454 |
and transfers the sewage sludge to a landfill for disposal or to a | 25455 |
sewage sludge facility for land reclamation or surface disposal, | 25456 |
the entity generating the sewage sludge, and not the landfill or | 25457 |
sewage sludge facility, shall pay the annual sludge fee for the | 25458 |
tons of sewage sludge that are transferred. | 25459 |
(5) Not later than the first day of April of the calendar | 25460 |
year following
| 25461 |
2000, and each first day of April thereafter, the director shall | 25462 |
issue invoices to persons who are required to pay the annual | 25463 |
sludge fee. The invoice shall identify the nature and amount of | 25464 |
the annual sludge fee assessed and state the first day of May as | 25465 |
the deadline for receipt by the director of objections regarding | 25466 |
the amount of the fee and the first day of July as the deadline | 25467 |
for payment of the fee. | 25468 |
Not later than the first day of May following receipt of an | 25469 |
invoice, a person required to pay the annual sludge fee may submit | 25470 |
objections to the director concerning the accuracy of information | 25471 |
regarding the number of dry tons of sewage sludge used to | 25472 |
calculate the amount of the annual sludge fee or regarding whether | 25473 |
the sewage sludge qualifies for the exceptional quality sludge | 25474 |
discount established in division (Y)(2)(b) of this section. The | 25475 |
director may consider the objections and adjust the amount of the | 25476 |
fee to ensure that it is accurate. | 25477 |
If the director does not adjust the amount of the annual | 25478 |
sludge fee in response to a person's objections, the person may | 25479 |
appeal the director's determination in accordance with Chapter | 25480 |
119. of the Revised Code. | 25481 |
Not later than the first day of June, the director shall | 25482 |
notify the objecting person regarding whether the director has | 25483 |
found the objections to be valid and the reasons for the finding. | 25484 |
If the director finds the objections to be valid and adjusts the | 25485 |
amount of the annual sludge fee accordingly, the director shall | 25486 |
issue with the notification a new invoice to the person | 25487 |
identifying the amount of the annual sludge fee assessed and | 25488 |
stating the first day of July as the deadline for payment. | 25489 |
Not later than the first day of July, any person who is | 25490 |
required to do so shall pay the annual sludge fee. Any person who | 25491 |
is required to pay the fee, but who fails to do so on or before | 25492 |
that date shall pay an additional amount that equals ten per cent | 25493 |
of the required annual sludge fee. | 25494 |
(6) The director shall transmit all moneys collected under | 25495 |
division (Y) of this section to the treasurer of state for deposit | 25496 |
into the surface water protection fund created in section 6111.038 | 25497 |
of the Revised Code. The moneys shall be used to defray the costs | 25498 |
of administering and enforcing provisions in Chapter 6111. of the | 25499 |
Revised Code and rules adopted under it that govern the use, | 25500 |
storage, treatment, or disposal of sewage sludge. | 25501 |
(7) Beginning in fiscal year 2001, and every two years | 25502 |
thereafter, the director shall review the total amount of moneys | 25503 |
generated by the annual sludge fees to determine if that amount | 25504 |
| 25505 |
preceding fiscal years. If the total amount of moneys in the fund | 25506 |
exceeded six hundred thousand dollars in either fiscal year, the | 25507 |
director, after review of the fee structure and consultation with | 25508 |
affected persons, shall issue an order reducing the amount of the | 25509 |
fees levied under division (Y) of this section so that the | 25510 |
estimated amount of moneys resulting from the fees will not exceed | 25511 |
six hundred thousand dollars in any fiscal year. | 25512 |
If, upon review of the fees under division (Y)(7) of this | 25513 |
section and after the fees have been reduced, the director | 25514 |
determines that the total amount of moneys collected and | 25515 |
accumulated is less than six hundred thousand dollars, the | 25516 |
director, after review of the fee structure and consultation with | 25517 |
affected persons, may issue an order increasing the amount of the | 25518 |
fees levied under division (Y) of this section so that the | 25519 |
estimated amount of moneys resulting from the fees will be | 25520 |
approximately six hundred thousand dollars. Fees shall never be | 25521 |
increased to an amount exceeding the amount specified in division | 25522 |
(Y)(7) of this section. | 25523 |
Notwithstanding section 119.06 of the Revised Code, the | 25524 |
director may issue an order under division (Y)(7) of this section | 25525 |
without the necessity to hold an adjudicatory hearing in | 25526 |
connection with the order. The issuance of an order under this | 25527 |
division is not an act or action for purposes of section 3745.04 | 25528 |
of the Revised Code. | 25529 |
(8) As used in division (Y) of this section: | 25530 |
(a) "Sewage sludge facility" means an entity that performs | 25531 |
treatment on or is responsible for the disposal of sewage sludge. | 25532 |
(b) "Sewage sludge" means a solid, semi-solid, or liquid | 25533 |
residue generated during the treatment of domestic sewage in a | 25534 |
treatment works as defined in section 6111.01 of the Revised Code. | 25535 |
"Sewage sludge" includes, but is not limited to, scum or solids | 25536 |
removed in primary, secondary, or advanced wastewater treatment | 25537 |
processes. "Sewage sludge" does not include ash generated during | 25538 |
the firing of sewage sludge in a sewage sludge incinerator, grit | 25539 |
and screenings generated during preliminary treatment of domestic | 25540 |
sewage in a treatment works, animal manure, residue generated | 25541 |
during treatment of animal manure, or domestic septage. | 25542 |
(c) "Exceptional quality sludge" means sewage sludge that | 25543 |
meets all of the following qualifications: | 25544 |
(i) Satisfies the class A pathogen standards in 40 C.F.R. | 25545 |
503.32(a); | 25546 |
(ii) Satisfies one of the vector attraction reduction | 25547 |
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 25548 |
(iii) Does not exceed the ceiling concentration limitations | 25549 |
for metals listed in table one of 40 C.F.R. 503.13; | 25550 |
(iv) Does not exceed the concentration limitations for | 25551 |
metals listed in table three of 40 C.F.R. 503.13. | 25552 |
(d) "Treatment" means the preparation of sewage sludge for | 25553 |
final use or disposal and includes, but is not limited to, | 25554 |
thickening, stabilization, and dewatering of sewage sludge. | 25555 |
(e) "Disposal" means the final use of sewage sludge, | 25556 |
including, but not limited to, land application, land reclamation, | 25557 |
surface disposal, or disposal in a landfill or an incinerator. | 25558 |
(f) "Land application" means the spraying or spreading of | 25559 |
sewage sludge onto the land surface, the injection of sewage | 25560 |
sludge below the land surface, or the incorporation of sewage | 25561 |
sludge into the soil for the purposes of conditioning the soil or | 25562 |
fertilizing crops or vegetation grown in the soil. | 25563 |
(g) "Land reclamation" means the returning of disturbed land | 25564 |
to productive use. | 25565 |
(h) "Surface disposal" means the placement of sludge on an | 25566 |
area of land for disposal, including, but not limited to, | 25567 |
monofills, surface impoundments, lagoons, waste piles, or | 25568 |
dedicated disposal sites. | 25569 |
(i) "Incinerator" means an entity that disposes of sewage | 25570 |
sludge through the combustion of organic matter and inorganic | 25571 |
matter in sewage sludge by high temperatures in an enclosed | 25572 |
device. | 25573 |
(j) "Incineration facility" includes all incinerators owned | 25574 |
or operated by the same entity and located on a contiguous tract | 25575 |
of land. Areas of land are considered to be contiguous even if | 25576 |
they are separated by a public road or highway. | 25577 |
(k) "Annual sludge fee" means the fee assessed under division | 25578 |
(Y)(1) of this section. | 25579 |
(l) "Landfill" means a sanitary landfill facility, as defined | 25580 |
in rules adopted under section 3734.02 of the Revised Code, that | 25581 |
is licensed under section 3734.05 of the Revised Code. | 25582 |
(m) "Preexisting land reclamation project" means a | 25583 |
property-specific land reclamation project that has been in | 25584 |
continuous operation for not less than five years pursuant to | 25585 |
approval of the activity by the director and includes the | 25586 |
implementation of a community outreach program concerning the | 25587 |
activity. | 25588 |
Sec. 3745.15. Not later than one hundred fifty days after | 25589 |
receipt of a complete application for a permit to install under | 25590 |
rules adopted under section 3704.03 of the Revised Code or for the | 25591 |
approval of plans under section 6111.44, 6111.45, or 6111.46 of | 25592 |
the Revised Code, the director of environmental protection shall | 25593 |
either issue or deny, or propose to deny, the permit or approve or | 25594 |
disapprove the plans, whichever is applicable. The director shall | 25595 |
send written notification to the applicant of the issuance or | 25596 |
denial or the approval or disapproval, whichever is applicable. If | 25597 |
the director fails to issue or deny or propose to deny the permit | 25598 |
or approve or disapprove the plans, whichever is applicable, not | 25599 |
later than one hundred fifty days after receipt of a complete | 25600 |
application, the director and the director's authorized | 25601 |
representatives shall not collect the permit to install fee under | 25602 |
Chapter 3704. of the Revised Code or an applicable application fee | 25603 |
under Chapter 6111. of the Revised Code, whichever is applicable. | 25604 |
Sec. 3745.22. (A) As used in this section, "eligible | 25605 |
institution of higher education" means any of the state | 25606 |
universities listed in section 3345.011 of the Revised Code, or a | 25607 |
community college, technical college, university branch, state | 25608 |
community college, or an institution that is nonprofit and holds a | 25609 |
certificate of authorization issued under section 1713.02 of the | 25610 |
Revised Code. | 25611 |
(B) There is hereby created in the state treasury the | 25612 |
environmental education fund consisting of moneys credited to the | 25613 |
fund pursuant to sections 3704.06 and 6111.09 of the Revised Code | 25614 |
and any gifts, grants, or contributions received by the director | 25615 |
of environmental protection for the purposes of the fund. The | 25616 |
fund shall be administered by the director with the advice and | 25617 |
assistance of the environmental education council created in | 25618 |
section 3745.21 of the Revised Code. Moneys in the fund shall be | 25619 |
used exclusively to develop, implement, and administer a program | 25620 |
to enhance public awareness and the objective understanding within | 25621 |
this state of issues affecting environmental quality. Toward that | 25622 |
end, moneys in the fund may be used for purposes that include, | 25623 |
without limitation, developing elementary and secondary school and | 25624 |
collegiate curricula on environmental issues; providing training | 25625 |
for this state's elementary and secondary school teachers on | 25626 |
environmental issues; providing educational seminars for concerned | 25627 |
members of the public regarding the scientific and technical | 25628 |
aspects of environmental issues; providing educational seminars | 25629 |
regarding pollution prevention and waste minimization for persons | 25630 |
regulated by the environmental protection agency; providing | 25631 |
educational seminars for persons regulated by the environmental | 25632 |
protection agency, including, without limitation, small | 25633 |
businesses, regarding the regulatory requirements of the agency | 25634 |
and the means of achieving and maintaining compliance with them; | 25635 |
and providing one or more scholarships in environmental sciences | 25636 |
or
environmental engineering
| 25637 |
25638 | |
25639 | |
eligible institution of higher education. | 25640 |
The director may expend not more than one million five | 25641 |
hundred thousand dollars of the moneys credited to the | 25642 |
environmental education fund under sections 3704.06 and 6111.09 of | 25643 |
the Revised Code in any fiscal year for the purposes specified in | 25644 |
this division. The director may request authority from the | 25645 |
controlling board to expend any moneys credited to that fund in | 25646 |
any fiscal year in excess of that amount. | 25647 |
| 25648 |
director, with the advice and assistance of the council, shall | 25649 |
prepare and submit to the governor, the president of the senate, | 25650 |
and the speaker of the house of representatives an environmental | 25651 |
education agenda that describes the proposed uses of the | 25652 |
environmental education fund during the following fiscal year. | 25653 |
Prior to submitting the agenda the director, in conjunction with | 25654 |
the council, shall hold a public hearing in Franklin county to | 25655 |
receive comments on the agenda. After the public hearing and | 25656 |
before submitting the agenda to the governor, the president, and | 25657 |
the speaker, the director, with the advice and assistance of the | 25658 |
council, may make any modifications to the agenda that the | 25659 |
director considers appropriate based upon the comments received at | 25660 |
the public hearing. | 25661 |
| 25662 |
the director, with the advice and assistance of the council, shall | 25663 |
prepare and submit to the governor, the president of the senate, | 25664 |
and the speaker of the house of representatives a report on the | 25665 |
revenues credited to and expenditures from the environmental | 25666 |
education fund during the immediately preceding fiscal year. | 25667 |
Sec. 3748.07. (A) Every facility that proposes to handle | 25668 |
radioactive material or radiation-generating equipment for which | 25669 |
licensure or registration, respectively, by its handler is | 25670 |
required shall apply in writing to the director of health on forms | 25671 |
prescribed and provided by the director for licensure or | 25672 |
registration. Terms and conditions of licenses and certificates | 25673 |
of registration may be amended in accordance with rules adopted | 25674 |
under section 3748.04 of the Revised Code or orders issued by the | 25675 |
director pursuant to section 3748.05 of the Revised Code. | 25676 |
(B) Until rules are adopted under section 3748.04 of the | 25677 |
Revised Code, and except as provided in section 3748.08 or the | 25678 |
Revised Code, an application for a certificate of registration | 25679 |
shall be accompanied by a biennial registration fee of one hundred | 25680 |
| 25681 |
those rules, an applicant for a license, registration certificate, | 25682 |
or renewal of either shall pay the appropriate fee established in | 25683 |
those rules. | 25684 |
All fees collected under this section shall be deposited in | 25685 |
the state treasury to the credit of the general operations fund | 25686 |
created in section 3701.83 of the Revised Code. The fees shall be | 25687 |
used solely to administer and enforce this chapter and rules | 25688 |
adopted under it. | 25689 |
Any fee required under this section that has not been paid | 25690 |
within ninety days after the invoice date shall be assessed at two | 25691 |
times the original invoiced fee. Any fee that has not been paid | 25692 |
within one hundred eighty days after the invoice date shall be | 25693 |
assessed at five times the original invoiced fee. | 25694 |
(C) The director shall grant a license or registration to | 25695 |
any applicant who has paid the required fee and is in compliance | 25696 |
with this chapter and rules adopted under it. | 25697 |
Until rules are adopted under section 3748.04 of the Revised | 25698 |
Code, certificates of registration shall be effective for two | 25699 |
years from the date of issuance. On and after the effective date | 25700 |
of those rules, licenses and certificates of registration shall be | 25701 |
effective for the applicable period established in those rules. | 25702 |
Licenses and certificates of registration shall be renewed in | 25703 |
accordance with the standard renewal procedure established in | 25704 |
Chapter 4745. of the Revised Code. | 25705 |
Sec. 3748.08. Each time an amendment to section 124.152 of | 25706 |
the Revised Code is enacted that increases compensation of exempt | 25707 |
employees effective on or after July 1, 2002, the director of | 25708 |
health shall increase the fees provided in division (B) of section | 25709 |
3748.07 and division (B) of section 3748.13 of the Revised Code by | 25710 |
a percentage equal to the highest percentage increase in | 25711 |
compensation required by the amendment. Not later than thirty | 25712 |
days after the effective date of the fee increase, the department | 25713 |
of health shall notify each registrant of the amount of fee | 25714 |
increase. | 25715 |
Sec. 3748.13. (A) The director of health shall inspect | 25717 |
sources of radiation for which licensure or registration by the | 25718 |
handler is required, and the sources' shielding and surroundings, | 25719 |
according to the schedule established in rules adopted under | 25720 |
division (D) of section 3748.04 of the Revised Code. In | 25721 |
accordance with rules adopted under that section, the director | 25722 |
shall inspect all records and operating procedures of handlers | 25723 |
that install sources of radiation and all sources of radiation for | 25724 |
which licensure of radioactive material or registration of | 25725 |
radiation-generating equipment by the handler is required. The | 25726 |
director may make other inspections upon receiving complaints or | 25727 |
other evidence of violation of this chapter or rules adopted under | 25728 |
it. | 25729 |
The director shall require any hospital registered under | 25730 |
division (A) of section 3701.07 of the Revised Code to develop and | 25731 |
maintain a quality assurance program for all sources of | 25732 |
radiation-generating equipment. A certified radiation expert | 25733 |
shall conduct oversight and maintenance of the program and shall | 25734 |
file a report of audits of the program with the director on forms | 25735 |
prescribed by the director. The audit reports shall become part | 25736 |
of the inspection record. | 25737 |
(B) As used in this division, "health care facility" means a | 25738 |
freestanding diagnostic imaging center or freestanding or mobile | 25739 |
radiation therapy center, as those terms are defined in rules | 25740 |
adopted under division (B) of section 3702.30 of the Revised Code. | 25741 |
Until rules are adopted under division (A)(8) of section 3748.04 | 25742 |
of the Revised Code and except as provided in section 3748.08 of | 25743 |
the Revised Code, a facility shall pay inspection fees according | 25744 |
to the following schedule and categories: | 25745 |
First dental x-ray tube | $ 94.00 | 25746 | |||
Each additional dental x-ray tube at the same a location | $ 47.00 71.00 | 25747 | |||
First medical x-ray tube | $187.00 | 25748 | |||
Each additional medical x-ray tube at the same a location | $ 94.00 187.00 | 25749 | |||
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 | 25750 | |||
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 | 25751 | |||
First nonionizing radiation-generating equipment of any kind | $187.00 | 25752 | |||
Each additional nonionizing radiation-generating equipment of any kind at the same a location | $ 94.00 187.00 | 25753 | |||
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation | $233.00 256.00 | 25754 |
Until rules are adopted under division (A)(8) of section | 25755 |
3748.04 of the Revised Code and except as provided in section | 25756 |
3748.08 of the Revised Code, the fee for an inspection to | 25757 |
determine whether violations cited in a previous inspection have | 25758 |
been corrected is fifty per cent of the fee applicable under the | 25759 |
schedule in this division. Until those rules are adopted, the fee | 25760 |
for the inspection of a facility that is not licensed or | 25761 |
registered and for which no license or registration application is | 25762 |
pending at the time of inspection is
| 25763 |
thirty-four dollars plus the fee applicable under the schedule in | 25764 |
this division. | 25765 |
The director may conduct a review of shielding plans or the | 25766 |
adequacy of shielding on the request of a licensee or registrant | 25767 |
or an applicant for licensure or registration or during an | 25768 |
inspection when the director considers a review to be necessary. | 25769 |
Until rules are adopted under division (A)(8) of section 3748.04 | 25770 |
of the Revised Code and except as provided in section 3748.08 of | 25771 |
the Revised Code,
the fee for the review is
| 25772 |
| 25773 |
radiation is used and is in addition to any other fee applicable | 25774 |
under the schedule in this division. | 25775 |
All fees shall be paid to the department of health no later | 25776 |
than thirty days after the invoice for the fee is mailed. Fees | 25777 |
shall be deposited in the general operations fund created in | 25778 |
section 3701.83 of the Revised Code. The fees shall be used | 25779 |
solely to administer and enforce this chapter and rules adopted | 25780 |
under it. | 25781 |
Any fee required under this section that has not been paid | 25782 |
within ninety days after the invoice date shall be assessed at two | 25783 |
times the original invoiced fee. Any fee that has not been paid | 25784 |
within one hundred eighty days after the invoice date shall be | 25785 |
assessed at five times the original invoiced fee. | 25786 |
(C) If the director determines that a board of health of a | 25787 |
city or general health district is qualified to conduct | 25788 |
inspections of radiation-generating equipment, the director may | 25789 |
delegate to the board, by contract, the authority to conduct such | 25790 |
inspections. In making a determination of the qualifications of a | 25791 |
board of health to conduct those inspections, the director shall | 25792 |
evaluate the credentials of the individuals who are to conduct the | 25793 |
inspections of radiation-generating equipment and the radiation | 25794 |
detection and measuring equipment available to them for that | 25795 |
purpose. If a contract is entered into, the board shall have the | 25796 |
same authority to make inspections of radiation-generating | 25797 |
equipment as the director has under this chapter and rules adopted | 25798 |
under it. The contract shall stipulate that only individuals | 25799 |
approved by the director as qualified shall be permitted to | 25800 |
inspect radiation-generating equipment under the contract's | 25801 |
provisions. The contract shall provide for such compensation for | 25802 |
services as is agreed to by the director and the board of health | 25803 |
of the contracting health district. The director may reevaluate | 25804 |
the credentials of the inspection personnel and their radiation | 25805 |
detecting and measuring equipment as often as the director | 25806 |
considers necessary and may terminate any contract with the board | 25807 |
of health of any health district that, in the director's opinion, | 25808 |
is not satisfactorily performing the terms of the contract. | 25809 |
(D) The director may enter at all reasonable times upon any | 25810 |
public or private property to determine compliance with this | 25811 |
chapter and rules adopted under it. | 25812 |
Sec. 3750.02. (A) There is hereby created the emergency | 25813 |
response commission consisting of the directors of environmental | 25814 |
protection and health, the
| 25815 |
utilities
commission,
| 25816 |
25817 | |
safety, the
director of
| 25818 |
the director of natural resources, the superintendent of the | 25819 |
highway patrol, and the attorney general as members ex officio, or | 25820 |
their designees; notwithstanding section 101.26 of the Revised | 25821 |
Code, the chairpersons of the respective standing committees of | 25822 |
the senate and house of representatives that are primarily | 25823 |
responsible for considering environmental issues who may | 25824 |
participate fully in all the commission's deliberations and | 25825 |
activities, except that they shall serve as nonvoting members; and | 25826 |
ten members to be appointed by the governor with the advice and | 25827 |
consent of the senate. The appointed members, to the extent | 25828 |
practicable, shall have technical expertise in the field of | 25829 |
emergency response. Of the appointed members, two shall represent | 25830 |
environmental advocacy organizations, one shall represent the | 25831 |
interests of petroleum refiners or marketers or chemical | 25832 |
manufacturers, one shall represent the interests of another | 25833 |
industry subject to this chapter, one shall represent the | 25834 |
interests of municipal corporations, one shall represent the | 25835 |
interests of counties, one shall represent the interests of chiefs | 25836 |
of fire departments, one shall represent the interests of | 25837 |
professional firefighters, one shall represent the interests of | 25838 |
volunteer firefighters, and one shall represent the interests of | 25839 |
local emergency management agencies. | 25840 |
An appointed member of the commission also may serve as a | 25841 |
member of the local emergency planning committee of an emergency | 25842 |
planning district. An appointed member of the commission who is | 25843 |
also a member of a local emergency planning committee shall not | 25844 |
participate as a member of the commission in the appointment of | 25845 |
members of the local emergency planning committee of which the | 25846 |
member is a member, in the review of the chemical emergency | 25847 |
response and preparedness plan submitted by the local emergency | 25848 |
planning committee of which the member is a member, in any vote to | 25849 |
approve a grant to the member's district, or in any vote of the | 25850 |
commission on any motion or resolution pertaining specifically to | 25851 |
the member's district or the local emergency planning committee on | 25852 |
which the member serves. A commission member who is also a member | 25853 |
of a local emergency planning committee shall not lobby or | 25854 |
otherwise act as an advocate for the member's district to other | 25855 |
members of the commission to obtain from the commission anything | 25856 |
of value for the member's district or the local emergency planning | 25857 |
committee of which the member is a member. A member of the | 25858 |
commission who is also a member of a local emergency planning | 25859 |
committee may vote on resolutions of the commission that apply | 25860 |
uniformly to all local emergency planning committees and districts | 25861 |
in the state and do not provide a grant or other pecuniary benefit | 25862 |
to the member's district or the committee of which the member is a | 25863 |
member. | 25864 |
The governor shall make the initial appointments to the | 25865 |
commission within thirty days after December 14, 1988. Of the | 25866 |
initial appointments to the commission, five shall be for a term | 25867 |
of two years and five shall be for a term of one year. Thereafter, | 25868 |
terms of office of the appointed members of the commission shall | 25869 |
be for two years, with each term ending on the same day of the | 25870 |
same month as did the term that it succeeds. Each member shall | 25871 |
hold office from the date of appointment until the end of the term | 25872 |
for which the member was appointed. Members may be reappointed. | 25873 |
Vacancies shall be filled in the manner provided for original | 25874 |
appointments. Any member appointed to fill a vacancy occurring | 25875 |
prior to the expiration of the term for which the member's | 25876 |
predecessor was appointed shall hold office for the remainder of | 25877 |
that term. A member shall continue in office subsequent to the | 25878 |
expiration date of the member's term until the member's successor | 25879 |
takes office or until a period of sixty days has elapsed, | 25880 |
whichever occurs first. The commission may at any time by a vote | 25881 |
of two-thirds of all the members remove any appointed member of | 25882 |
the commission for misfeasance, nonfeasance, or malfeasance. | 25883 |
Members of the commission shall serve without compensation, but | 25884 |
shall be reimbursed for the reasonable expenses incurred by them | 25885 |
in the discharge of their duties as members of the commission. | 25886 |
The commission shall meet at least annually and shall hold | 25887 |
such additional meetings as are necessary to implement and | 25888 |
administer this chapter. Additional meetings may be held at the | 25889 |
behest of either a co-chairperson or a majority of the members. | 25890 |
The commission shall, by adoption of internal management rules | 25891 |
under division (B)(9) of this section, establish an executive | 25892 |
committee and delegate to it the performance of such of the | 25893 |
commission's duties and powers under this chapter as are required | 25894 |
or authorized to be so delegated by that division. The commission | 25895 |
may organize itself into such additional committees as it | 25896 |
considers necessary or convenient to implement and administer this | 25897 |
chapter. The director of environmental protection and the | 25898 |
director of public safety or their designees shall serve as | 25899 |
co-chairpersons of the commission and the executive committee. | 25900 |
Except as otherwise provided in this chapter, a majority of the | 25901 |
voting members of the commission constitutes a quorum and the | 25902 |
affirmative vote of a majority of the voting members of the | 25903 |
commission is necessary for any action taken by the commission. | 25904 |
Meetings of the executive committee conducted for the purpose of | 25905 |
determining whether to issue an enforcement order or request that | 25906 |
a civil action, civil penalty action, or criminal action be | 25907 |
brought to enforce this chapter or rules adopted or orders issued | 25908 |
under it are not subject to section 121.22 of the Revised Code | 25909 |
pursuant to division (D) of that section. | 25910 |
Except for the purposes of Chapters 102. and 2921. and | 25911 |
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving | 25912 |
as an appointed member of the commission does not constitute | 25913 |
holding a public office or position of employment under the laws | 25914 |
of this state and does not constitute grounds for removal of | 25915 |
public officers or employees from their offices or positions of | 25916 |
employment. | 25917 |
(B) The commission shall: | 25918 |
(1) Adopt rules in accordance with Chapter 119. of the | 25919 |
Revised Code that are consistent with and equivalent in scope, | 25920 |
content, and coverage to the "Emergency Planning and Community | 25921 |
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and | 25922 |
applicable regulations adopted under it: | 25923 |
(a) Identifying or listing extremely hazardous substances | 25924 |
and establishing a threshold planning quantity for each such | 25925 |
substance. To the extent consistent with that act and applicable | 25926 |
regulations adopted under it, the rules may establish threshold | 25927 |
planning quantities based upon classes of those substances or | 25928 |
categories of facilities at which such substances are present. | 25929 |
(b) Listing hazardous chemicals, establishing threshold | 25930 |
quantities for those chemicals, establishing categories of health | 25931 |
and physical hazards of those chemicals, establishing criteria or | 25932 |
procedures for identifying those chemicals and the appropriate | 25933 |
hazard categories of those chemicals, and establishing ranges of | 25934 |
quantities for those chemicals to be used in preparing emergency | 25935 |
and hazardous chemical inventory forms under section 3750.08 of | 25936 |
the Revised Code. To the extent consistent with that act and | 25937 |
applicable regulations adopted under it, the rules may establish | 25938 |
threshold quantities based upon classes of those chemicals or | 25939 |
categories of facilities where those chemicals are present. | 25940 |
To the extent consistent with that act, the threshold | 25941 |
quantities for purposes of the submission of lists of hazardous | 25942 |
chemicals under section 3750.07 and the submission of emergency | 25943 |
and hazardous chemical inventory forms under section 3750.08 of | 25944 |
the Revised Code may differ. | 25945 |
(c) Identifying or listing hazardous substances and | 25946 |
establishing reportable quantities of each of those substances and | 25947 |
each extremely hazardous substance. In addition to being | 25948 |
consistent with and equivalent in scope, content, and coverage to | 25949 |
that act and applicable regulations adopted under it, the rules | 25950 |
shall be consistent with and equivalent in scope, content, and | 25951 |
coverage to regulations identifying or listing hazardous | 25952 |
substances and reportable quantities of those substances adopted | 25953 |
under the "Comprehensive Environmental Response, Compensation, and | 25954 |
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as | 25955 |
amended. | 25956 |
(d) Prescribing the information to be included in the lists | 25957 |
of hazardous chemicals required to be submitted under section | 25958 |
3750.07 of the Revised Code; | 25959 |
(e) Prescribing the information to be included in the | 25960 |
emergency and hazardous chemical inventory forms required to be | 25961 |
submitted under section 3750.08 of the Revised Code. If the | 25962 |
commission establishes its own emergency and hazardous chemical | 25963 |
inventory form, the rules shall authorize owners and operators of | 25964 |
facilities who also have one or more facilities located outside | 25965 |
the state for which they are required to submit inventory forms | 25966 |
under the federal act and regulations adopted under it to submit | 25967 |
their annual inventories on forms prescribed by the administrator | 25968 |
of the United States environmental protection agency under that | 25969 |
act instead of on forms prescribed by the commission and shall | 25970 |
require those owners or operators to submit any additional | 25971 |
information required by the commission's inventory form on an | 25972 |
attachment to the federal form. | 25973 |
(f) Establishing procedures for giving verbal notice of | 25974 |
releases under section 3750.06 of the Revised Code and prescribing | 25975 |
the information to be provided in such a notice and in the | 25976 |
follow-up written notice required by that section; | 25977 |
(g) Establishing standards for determining valid needs for | 25978 |
the release of tier II information under division (B)(4) of | 25979 |
section 3750.10 of the Revised Code; | 25980 |
(h) Identifying the types or categories of information | 25981 |
submitted or obtained under this chapter and rules adopted under | 25982 |
it that constitute confidential business information; | 25983 |
(i) Establishing criteria and procedures to protect trade | 25984 |
secret and confidential business information from unauthorized | 25985 |
disclosure; | 25986 |
(j) Establishing other requirements or authorizations that | 25987 |
the commission considers necessary or appropriate to implement, | 25988 |
administer, and enforce this chapter. | 25989 |
(2) Adopt rules in accordance with Chapter 119. of the | 25990 |
Revised Code to implement and administer this chapter that may be | 25991 |
more stringent than the "Emergency Planning and Community | 25992 |
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and | 25993 |
regulations adopted under it. Rules adopted under division (B)(2) | 25994 |
of this section shall not be inconsistent with that act or the | 25995 |
regulations adopted under it. The rules shall: | 25996 |
(a) Prescribe the information to be included in the chemical | 25997 |
emergency response and preparedness plans prepared and submitted | 25998 |
by local emergency planning committees under section 3750.04 of | 25999 |
the Revised Code; | 26000 |
(b) Establish criteria and procedures for reviewing the | 26001 |
chemical emergency response and preparedness plans of local | 26002 |
emergency planning committees required by section 3750.04 of the | 26003 |
Revised Code and the annual exercise of those plans and for | 26004 |
providing concurrence or requesting modifications in the plans and | 26005 |
the exercise of those plans. The criteria shall include, without | 26006 |
limitation, the requirement that each exercise of a committee's | 26007 |
plan involve, in addition to local emergency response and medical | 26008 |
personnel, either a facility that is subject to the plan or a | 26009 |
transporter of materials that are identified or listed as | 26010 |
hazardous materials by regulations adopted under the "Hazardous | 26011 |
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. | 26012 |
1801, as amended. | 26013 |
(c) Establish policies and procedures for maintaining | 26014 |
information submitted to the commission and local emergency | 26015 |
planning committees under this chapter, and for receiving and | 26016 |
fulfilling requests from the public for access to review and to | 26017 |
obtain copies of that information. The criteria and procedures | 26018 |
shall include the following requirements and authorizations | 26019 |
regarding that information and access to it: | 26020 |
(i) Information that is protected as trade secret | 26021 |
information or confidential business information under this | 26022 |
chapter and rules adopted under it shall be kept in files that are | 26023 |
separate from those containing information that is not so | 26024 |
protected. | 26025 |
(ii) The original copies of information submitted to the | 26026 |
commission or committee shall not be removed from the custody and | 26027 |
control of the commission or committee. | 26028 |
(iii) A person who, either in person or by mail, requests to | 26029 |
obtain a copy of a material safety data sheet submitted under this | 26030 |
chapter by a facility owner or operator shall submit a separate | 26031 |
application for each facility for which a material safety data | 26032 |
sheet is being requested. | 26033 |
(iv) A person who requests to receive by mail a copy of | 26034 |
information submitted under this chapter by a facility owner or | 26035 |
operator shall submit a separate application for each facility for | 26036 |
which information is being requested and shall specify both the | 26037 |
facility for which information is being requested and the | 26038 |
particular types of documents requested. | 26039 |
(v) Only employees of the commission or committee shall copy | 26040 |
information in the files of the commission or committee. | 26041 |
(vi) The commission or committee may require any person who | 26042 |
requests to review or obtain a copy of information in its files to | 26043 |
schedule an appointment for that purpose with the information | 26044 |
coordinator of the commission or committee at least twenty-four | 26045 |
hours before arriving at the office of the commission or committee | 26046 |
for the review or copy. | 26047 |
(vii) Any person who seeks access to information in the | 26048 |
files of the commission or a local emergency planning committee | 26049 |
shall submit a written application, either in person or by mail, | 26050 |
to the information coordinator on a form provided by the | 26051 |
commission or committee. The person also shall provide the | 26052 |
person's name and current mailing address on the application and | 26053 |
may be requested by the commission or committee to provide basic | 26054 |
demographic information on the form to assist in the evaluation of | 26055 |
the information access provisions of this chapter and rules | 26056 |
adopted under it. Application forms may be obtained by mail or in | 26057 |
person or by request by telephone at the office of the commission | 26058 |
or committee during regular business hours. Upon receipt of a | 26059 |
request for an application by telephone or mail, the information | 26060 |
coordinator shall promptly mail an application to the person who | 26061 |
requested it. | 26062 |
(viii) The application form shall provide the applicant with | 26063 |
a means of indicating that the applicant's name and address are to | 26064 |
be kept confidential. If the applicant so indicates, that | 26065 |
information is not a public record under section 149.43 of the | 26066 |
Revised Code and shall not be disclosed to any person who is not a | 26067 |
member or employee of the commission or committee or an employee | 26068 |
of the environmental protection agency. When a name and address | 26069 |
are to be kept confidential, they also shall be deleted from the | 26070 |
copy of the application required to be placed in the file of the | 26071 |
facility under division (B)(2)(c)(xii) of this section and shall | 26072 |
be withheld from any log of information requests kept by the | 26073 |
commission or committee pursuant to that division. | 26074 |
(ix) Neither the commission nor a local emergency planning | 26075 |
committee shall charge any fee for access to review information in | 26076 |
its files when no copies or computer searches of that information | 26077 |
are requested. | 26078 |
(x) An applicant shall be informed of the cost of copying, | 26079 |
mailing, or conducting a computer search of information on file | 26080 |
with the commission or committee before such a copy or search is | 26081 |
made, and the commission or committee shall collect the | 26082 |
appropriate fees as established under section 3750.13 of the | 26083 |
Revised Code. Each applicant shall acknowledge on the application | 26084 |
form that the applicant is aware that the applicant will be | 26085 |
charged for copies and computer searches of that information the | 26086 |
applicant requests and for the costs of mailing copies of the | 26087 |
information to the applicant. | 26088 |
(xi) The commission or committee may require a person | 26089 |
requesting copies of information on file with it to take delivery | 26090 |
of them in the office of the commission or committee whenever it | 26091 |
considers the volume of the information to be large enough to make | 26092 |
mailing or delivery by a parcel or package delivery service | 26093 |
impractical. | 26094 |
(xii) When the commission or committee receives a request | 26095 |
for access to review or obtain copies of information in its files, | 26096 |
it shall not routinely notify the owner or operator of the | 26097 |
facility involved, but instead shall either keep a log or file of | 26098 |
requests for the information or shall place a copy of each | 26099 |
completed application form in the file for the facility to which | 26100 |
the application pertains. Such a log or file shall be available | 26101 |
for review by the public and by the owners and operators of | 26102 |
facilities required to submit information to the commission or | 26103 |
committee under this chapter and rules adopted under it. | 26104 |
(d) Require that claims for the protection, as a trade | 26105 |
secret, of information obtained under this chapter regarding | 26106 |
extremely hazardous substances identified or listed in rules | 26107 |
adopted under division (B)(1)(a) of this section and hazardous | 26108 |
chemicals identified or listed in rules adopted under division | 26109 |
(B)(1)(b) of this section be submitted to the administrator of the | 26110 |
United States environmental protection agency for determination | 26111 |
under section 322 of the the "Emergency Planning and Community | 26112 |
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, and | 26113 |
regulations adopted under that section; | 26114 |
(e) Establish criteria and procedures for the issuance of | 26115 |
variances under divisions (B) and (C) of section 3750.11 of the | 26116 |
Revised Code. The rules shall require that, before approval of an | 26117 |
application for a variance, the commission or committee find by a | 26118 |
preponderance of the scientific evidence based upon generally | 26119 |
accepted scientific principles or laboratory tests that the | 26120 |
extremely hazardous substances, hazardous chemicals, or hazardous | 26121 |
substances that would be subject to the reporting requirement pose | 26122 |
a substantial risk of catastrophic injury to public health or | 26123 |
safety or to the environment, or pose an extraordinary risk of | 26124 |
injury to emergency management personnel responding to a release | 26125 |
of the chemicals or substances, when the substances or chemicals | 26126 |
are present at a facility in an amount equal to or exceeding the | 26127 |
quantity for which reporting would be required under the reporting | 26128 |
requirement for which the variance is sought. The rules shall | 26129 |
also require that before approval of an application for a | 26130 |
variance, the commission or committee find by a preponderance of | 26131 |
the evidence that the development and implementation of a local | 26132 |
emergency response plan for releases of the substances or | 26133 |
chemicals covered by the reporting requirement will reduce the | 26134 |
risk of catastrophic injury to public health or safety or to the | 26135 |
environment, or will reduce the extraordinary risk of injury to | 26136 |
responding emergency management personnel, in the event of a | 26137 |
release of the substances or chemicals and find by a preponderance | 26138 |
of the evidence that the reporting requirement is necessary for | 26139 |
the development of such a local emergency response plan. The | 26140 |
rules shall require that when determining whether the substances | 26141 |
or chemicals that would be subject to the reporting requirement | 26142 |
pose a substantial risk of catastrophic injury to public health or | 26143 |
safety or to the environment, or pose an extraordinary risk of | 26144 |
injury to emergency management personnel responding to a release | 26145 |
of the substance or chemical, the commission or committee consider | 26146 |
all of the following factors: | 26147 |
(i) The specific characteristics and degree and nature of | 26148 |
the hazards posed by a release of the extremely hazardous | 26149 |
substances, hazardous chemicals, or hazardous substances; | 26150 |
(ii) The proximity of the facilities that would be subject | 26151 |
to the reporting requirement to residential areas, to areas where | 26152 |
significantly large numbers of people are employed or otherwise | 26153 |
congregate, and to environmental resources that are subject to | 26154 |
injury; | 26155 |
(iii) The quantities of the extremely hazardous substances, | 26156 |
hazardous chemicals, or hazardous substances that are routinely | 26157 |
present at facilities that would be subject to the reporting | 26158 |
requirement; | 26159 |
(iv) The frequency with which the extremely hazardous | 26160 |
substances, hazardous chemicals, or hazardous substances are | 26161 |
present at the facilities that would be subject to the reporting | 26162 |
requirement in quantities for which reporting would be required | 26163 |
thereunder. | 26164 |
(f) Establish criteria and procedures for the issuance of | 26165 |
orders under division (D) of section 3750.11 of the Revised Code | 26166 |
requiring the placement of emergency response lock box units. The | 26167 |
rules shall require that before approval of an application for | 26168 |
issuance of such an order, the commission or committee find by a | 26169 |
preponderance of the scientific evidence based upon generally | 26170 |
accepted scientific principles or laboratory tests that the | 26171 |
presence of the extremely hazardous substances, hazardous | 26172 |
chemicals, or hazardous substances in the quantities in which they | 26173 |
are routinely or intermittently present at the facility for which | 26174 |
the order is sought pose a substantial risk of catastrophic injury | 26175 |
to public health or safety or to the environment, or pose an | 26176 |
extraordinary risk of injury to responding emergency management | 26177 |
personnel, in the event of a release of any of those substances or | 26178 |
chemicals from the facility. The rules shall require that before | 26179 |
approval of an application for issuance of such an order, the | 26180 |
commission or committee also find by a preponderance of the | 26181 |
evidence that the placement of an emergency response lock box unit | 26182 |
at the facility is necessary to protect against the substantial | 26183 |
risk of catastrophic injury to public health or safety or the | 26184 |
environment, or to protect against an extraordinary risk of injury | 26185 |
to responding emergency management personnel, in the event of a | 26186 |
release of any of the extremely hazardous substances, hazardous | 26187 |
chemicals, or hazardous substances routinely or intermittently | 26188 |
present at the facility. The rules shall require that when | 26189 |
determining whether the extremely hazardous substances, hazardous | 26190 |
chemicals, or hazardous substances present at the facility pose a | 26191 |
substantial risk of catastrophic injury to public health or safety | 26192 |
or to the environment, or pose an extraordinary risk of injury to | 26193 |
responding emergency management personnel, in the event of a | 26194 |
release of any of those substances or chemicals from the facility, | 26195 |
the commission or committee consider all of the following factors: | 26196 |
(i) The specific characteristics and the degree and nature | 26197 |
of the hazards posed by a release of the extremely hazardous | 26198 |
substances, hazardous chemicals, or hazardous substances present | 26199 |
at the facility; | 26200 |
(ii) The proximity of the facility to residential areas, to | 26201 |
areas where significantly large numbers of people are employed or | 26202 |
otherwise congregate, and to environmental resources that are | 26203 |
subject to injury; | 26204 |
(iii) The quantities of the extremely hazardous substances, | 26205 |
hazardous chemicals, or hazardous substances that are routinely | 26206 |
present at the facility; | 26207 |
(iv) The frequency with which the extremely hazardous | 26208 |
substances, hazardous chemicals, or hazardous substances are | 26209 |
present at the facility. | 26210 |
(g) Establish procedures to be followed by the commission | 26211 |
and the executive committee of the commission for the issuance of | 26212 |
orders under this chapter. | 26213 |
(3) In accordance with Chapter 119. of the Revised Code | 26214 |
adopt rules establishing reportable quantities for releases of oil | 26215 |
that are consistent with and equivalent in scope, content, and | 26216 |
coverage to section 311 of the "Federal Water Pollution Control | 26217 |
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as | 26218 |
amended, and applicable regulations adopted under it; | 26219 |
(4) Adopt rules in accordance with Chapter 119. of the | 26220 |
Revised Code establishing criteria and procedures for identifying | 26221 |
or listing extremely hazardous substances in addition to those | 26222 |
identified or listed in rules adopted under division (B)(1)(a) of | 26223 |
this section and for establishing threshold planning quantities | 26224 |
and reportable quantities for the added extremely hazardous | 26225 |
substances; for identifying or listing hazardous chemicals in | 26226 |
addition to those identified or listed in rules adopted under | 26227 |
division (B)(1)(b) of this section and for establishing threshold | 26228 |
quantities and categories of health and physical hazards for the | 26229 |
added hazardous chemicals; and for identifying or listing | 26230 |
hazardous substances in addition to those identified or listed in | 26231 |
rules adopted under division (B)(1)(c) of this section and for | 26232 |
establishing reportable quantities for the added hazardous | 26233 |
substances. The criteria for identifying or listing additional | 26234 |
extremely hazardous substances and establishing threshold planning | 26235 |
quantities and reportable quantities therefor and for identifying | 26236 |
or listing additional hazardous chemicals and establishing | 26237 |
threshold quantities and categories of health and physical hazards | 26238 |
for the added hazardous chemicals shall be consistent with and | 26239 |
equivalent to applicable criteria therefor under the "Emergency | 26240 |
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729, | 26241 |
42 U.S.C.A. 11001, and regulations adopted under it. The criteria | 26242 |
for identifying additional hazardous substances and for | 26243 |
establishing reportable quantities of the added hazardous | 26244 |
substances shall be consistent with and equivalent to the | 26245 |
applicable criteria for identifying or listing hazardous | 26246 |
substances and establishing reportable quantities therefor under | 26247 |
the "Comprehensive Environmental Response, Compensation, and | 26248 |
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as | 26249 |
amended, and regulations adopted under it. | 26250 |
The rules shall require that, before identifying or listing | 26251 |
any such additional extremely hazardous substance, hazardous | 26252 |
chemical, or hazardous substance and establishing a threshold | 26253 |
planning quantity, threshold quantity, or reportable quantity | 26254 |
therefor, the commission find by a preponderance of the scientific | 26255 |
evidence based on generally accepted scientific principles or | 26256 |
laboratory tests that the substance or chemical poses a | 26257 |
substantial risk of catastrophic injury to public health or safety | 26258 |
or to the environment, or poses an extraordinary risk of injury to | 26259 |
emergency management personnel responding to a release of the | 26260 |
chemical or substance, when the chemical or substance is present | 26261 |
at a facility in an amount equal to the proposed threshold | 26262 |
planning quantity or threshold quantity or, in the instance of a | 26263 |
proposed additional extremely hazardous substance or hazardous | 26264 |
substance, poses a substantial risk of catastrophic injury to | 26265 |
public health or safety or to the environment if a release of the | 26266 |
proposed reportable quantity of the substance occurs. The rules | 26267 |
shall further require that, before so identifying or listing a | 26268 |
substance or chemical, the commission find by a preponderance of | 26269 |
the evidence that the development and implementation of state or | 26270 |
local emergency response plans for releases of the substance or | 26271 |
chemical will reduce the risk of a catastrophic injury to public | 26272 |
health or safety or to the environment, or will reduce the | 26273 |
extraordinary risk of injury to responding emergency response | 26274 |
personnel, in the event of a release of the substance or chemical | 26275 |
and find by a preponderance of the evidence that the | 26276 |
identification or listing of the substance or chemical is | 26277 |
necessary for the development of state or local emergency response | 26278 |
plans for releases of the substance or chemical. The rules shall | 26279 |
require that the commission consider the toxicity of the substance | 26280 |
or chemical in terms of both the short-term and long-term health | 26281 |
effects resulting from exposure to it and its reactivity, | 26282 |
volatility, dispersibility, combustibility, and flammability when | 26283 |
determining the risks posed by a release of the substance or | 26284 |
chemical and, as appropriate, when establishing a threshold | 26285 |
planning quantity, threshold quantity, reportable quantity, or | 26286 |
category of health or physical hazard for it. | 26287 |
(5) Adopt rules in accordance with Chapter 119. of the | 26288 |
Revised Code establishing criteria and procedures for receiving | 26289 |
and deciding claims for protection of information as a trade | 26290 |
secret that are applicable only to extremely hazardous substances | 26291 |
and hazardous chemicals identified or listed in rules adopted | 26292 |
under division (C)(5) of this section. The rules shall be | 26293 |
equivalent in scope, content, and coverage to section 322 of the | 26294 |
"Emergency Planning and Community Right-To-Know Act of 1986," 100 | 26295 |
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. | 26296 |
(6)(a) After consultation with the fire marshal, adopt rules | 26297 |
in accordance with Chapter 119. of the Revised Code establishing | 26298 |
standards for the construction, placement, and use of emergency | 26299 |
response lock box units at facilities that are subject to this | 26300 |
chapter. The rules shall establish all of the following: | 26301 |
(i) Specific standards of construction for lock box units; | 26302 |
(ii) The specific types of information that shall be placed | 26303 |
in the lock box units required to be placed at a facility by an | 26304 |
order issued under division (D) of section 3750.11 of the Revised | 26305 |
Code, which shall include the location of on-site emergency | 26306 |
fire-fighting and spill cleanup equipment; a diagram of the public | 26307 |
and private water supply and sewage systems serving the facility | 26308 |
that are known to the owner or operator of the facility; a copy of | 26309 |
the emergency and hazardous chemical inventory form for the | 26310 |
facility most recently required to be submitted under section | 26311 |
3750.08 of the Revised Code from which the owner or operator may | 26312 |
withhold information claimed or determined to be trade secret | 26313 |
information pursuant to rules adopted under division (B)(2)(d) of | 26314 |
this section, or pursuant to division (B)(14) of this section and | 26315 |
rules adopted under division (B)(5) of this section, and | 26316 |
confidential business information identified in rules adopted | 26317 |
under division (B)(1)(h) of this section; a copy of the local fire | 26318 |
department's and facility's emergency management plans for the | 26319 |
facility, if any; a current list of the names, positions, | 26320 |
addresses, and telephone numbers of all key facility personnel | 26321 |
knowledgeable in facility safety procedures and the locations at | 26322 |
the facility where extremely hazardous substances, hazardous | 26323 |
chemicals, and hazardous substances are produced, used, or stored. | 26324 |
The rules shall stipulate that, in the instance of lock box units | 26325 |
placed voluntarily at facilities by the owners or operators of the | 26326 |
facilities, such information shall be maintained in them as is | 26327 |
prescribed by agreement by the owner or operator and the fire | 26328 |
department having jurisdiction over the facility. | 26329 |
(iii) The conditions that shall be met in order to provide | 26330 |
safe and expedient access to a lock box unit during a release or | 26331 |
threatened release of an extremely hazardous substance, hazardous | 26332 |
chemical, or hazardous substance. | 26333 |
(b) Unless the owner or operator of a facility is issued an | 26334 |
order under division (D) of section 3750.11 of the Revised Code | 26335 |
requiring the owner or operator to place a lock box unit at the | 26336 |
facility, the owner or operator may place a lock box unit at the | 26337 |
facility at the owner's or operator's discretion. If the owner or | 26338 |
operator chooses to place a lock box unit at the facility, the | 26339 |
responsibility to deposit information in the lock box unit is in | 26340 |
addition to any other obligations established in this chapter. | 26341 |
(c) Any costs associated with the purchase, construction, or | 26342 |
placement of a lock box unit shall be paid by the owner or | 26343 |
operator of the facility. | 26344 |
(7) In accordance with Chapter 119. of the Revised Code, | 26345 |
adopt rules governing the application for and awarding of grants | 26346 |
under division (C) of section 3750.14 and division (B) of section | 26347 |
3750.15 of the Revised Code; | 26348 |
(8) Adopt rules in accordance with Chapter 119. of the | 26349 |
Revised Code establishing reasonable maximum fees that may be | 26350 |
charged by the commission and local emergency planning committees | 26351 |
for copying information in the commission's or committee's files | 26352 |
to fulfill requests from the public for that information; | 26353 |
(9) Adopt internal management rules governing the operations | 26354 |
of the commission. The internal management rules shall establish | 26355 |
an executive committee of the commission consisting of the | 26356 |
director of environmental protection or the director's designee, | 26357 |
the director of public safety or the director's designee, the | 26358 |
attorney general or the attorney general's designee, one of the | 26359 |
appointed members of the commission representing industries | 26360 |
subject to this chapter to be appointed by the commission, one of | 26361 |
the appointed members of the commission representing the interests | 26362 |
of environmental advocacy organizations to be appointed by the | 26363 |
commission, and one other appointed member or member ex officio of | 26364 |
the commission to be appointed by the commission. The executive | 26365 |
committee has exclusive authority to issue enforcement orders | 26366 |
under section 3750.18 of the Revised Code and to request the | 26367 |
attorney general to bring a civil action, civil penalty action, or | 26368 |
criminal action under section 3750.20 of the Revised Code in the | 26369 |
name of the commission regarding violations of this chapter, rules | 26370 |
adopted under it, or orders issued under it. The internal | 26371 |
management rules may set forth the other specific powers and | 26372 |
duties of the commission that the executive committee may exercise | 26373 |
and carry out and the conditions under which the executive | 26374 |
committee may do so. The internal management rules shall not | 26375 |
authorize the executive committee to issue variances under | 26376 |
division (B) or (C) of section 3750.11 of the Revised Code or | 26377 |
orders under division (D) of that section. | 26378 |
(10) Oversee and coordinate the implementation and | 26379 |
enforcement of this chapter and make such recommendations to the | 26380 |
director of environmental protection and the director of public | 26381 |
safety as it considers necessary or appropriate to improve the | 26382 |
implementation and enforcement of this chapter; | 26383 |
(11) Make allocations of moneys under division (B) of | 26384 |
section 3750.14 of the Revised Code and make grants under division | 26385 |
(C) of section 3750.14 and division (B) of section 3750.15 of the | 26386 |
Revised Code; | 26387 |
(12) Designate an officer of the environmental protection | 26388 |
agency to serve as the commission's information coordinator under | 26389 |
this chapter; | 26390 |
(13) Not later than December 14, 1989, develop and | 26391 |
distribute a state emergency response plan that defines the | 26392 |
emergency response roles and responsibilities of the state | 26393 |
agencies that are represented on the commission and that provides | 26394 |
appropriate coordination with the national contingency plan and | 26395 |
the regional contingency plan required by section 105 of the | 26396 |
"Comprehensive Environmental Response, Compensation, and Liability | 26397 |
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended. The | 26398 |
plan shall ensure a well-coordinated response by state agencies | 26399 |
that may be involved in assisting local emergency responders | 26400 |
during a major release of oil or a major sudden and accidental | 26401 |
release of a hazardous substance or extremely hazardous substance. | 26402 |
The plan may incorporate existing state emergency response plans | 26403 |
by reference. At least annually, the commission and the state | 26404 |
agencies that are represented on it shall jointly exercise the | 26405 |
state plan in conjunction with the exercise of a local emergency | 26406 |
response plan by a local emergency planning committee under | 26407 |
section 3750.04 of the Revised Code. After any such exercise, the | 26408 |
commission shall review the state plan and make such revisions in | 26409 |
it as the commission considers necessary or appropriate. | 26410 |
(14) Receive and decide claims for the protection of | 26411 |
information as a trade secret that pertain only to extremely | 26412 |
hazardous substances and hazardous chemicals identified or listed | 26413 |
by rules adopted under division (C)(5) of this section. If the | 26414 |
commission determines that the claim meets the criteria | 26415 |
established in rules adopted under division (B)(5) of this | 26416 |
section, it shall issue an order to that effect in accordance with | 26417 |
section 3750.18 of the Revised Code. If the commission determines | 26418 |
that the claim does not meet the criteria established in those | 26419 |
rules, it shall issue an order to that effect in accordance with | 26420 |
section 3750.18 of the Revised Code. | 26421 |
(15) Annually compile, make available to the public, and | 26422 |
submit to the president of the senate and the speaker of the house | 26423 |
of representatives a summary report on the number of facilities | 26424 |
estimated to be subject to regulation under sections 3750.05, | 26425 |
3750.07, and 3750.08 of the Revised Code, the number of facilities | 26426 |
reporting to the commission, an estimate of the percentage of | 26427 |
facilities in compliance with those sections, and recommendations | 26428 |
regarding the types of activities the commission considers | 26429 |
necessary to improve such compliance. The commission shall base | 26430 |
its estimate of the number of facilities that are subject to | 26431 |
regulation under those sections on the current estimates provided | 26432 |
by the local emergency planning committees under division (D)(6) | 26433 |
of section 3750.03 of the Revised Code. | 26434 |
(C) The commission may: | 26435 |
(1) Procure by contract the temporary or intermittent | 26436 |
services of experts or consultants when those services are to be | 26437 |
performed on a part-time or fee-for-service basis and do not | 26438 |
involve the performance of administrative duties; | 26439 |
(2) Enter into contracts or agreements with political | 26440 |
subdivisions or emergency planning districts for the purposes of | 26441 |
this chapter; | 26442 |
(3) Accept on behalf of the state any gift, grant, or | 26443 |
contribution from any governmental or private source for the | 26444 |
purposes of this chapter; | 26445 |
(4) Enter into contracts, agreements, or memoranda of | 26446 |
understanding with any state department, agency, board, | 26447 |
commission, or institution to obtain the services of personnel | 26448 |
thereof or utilize resources thereof for the purposes of this | 26449 |
chapter. Employees of a state department, agency, board, | 26450 |
commission, or institution providing services to the commission | 26451 |
under any such contract, agreement, or memorandum shall perform | 26452 |
only those functions and provide only the services provided for in | 26453 |
the contract, agreement, or memorandum. | 26454 |
(5) Identify or list extremely hazardous substances in | 26455 |
addition to those identified or listed in rules adopted under | 26456 |
division (B)(1)(a) of this section and establish threshold | 26457 |
planning quantities and reportable quantities for the additional | 26458 |
extremely hazardous substances, identify or list hazardous | 26459 |
chemicals in addition to those identified or listed in rules | 26460 |
adopted under division (B)(1)(b) of this section and establish | 26461 |
threshold quantities and categories or health and physical hazards | 26462 |
for the added chemicals, and identify or list hazardous substances | 26463 |
in addition to those identified or listed in rules adopted under | 26464 |
division (B)(1)(c) of this section and establish reportable | 26465 |
quantities for the added hazardous substances. The commission may | 26466 |
establish threshold planning quantities for the additional | 26467 |
extremely hazardous substances based upon classes of those | 26468 |
substances or categories of facilities at which they are present | 26469 |
and may establish threshold quantities for the additional | 26470 |
hazardous chemicals based upon classes of those chemicals or | 26471 |
categories of facilities where they are present. The commission | 26472 |
shall identify or list such additional substances or chemicals and | 26473 |
establish threshold planning quantities, threshold quantities, | 26474 |
reportable quantities, and hazard categories therefor in | 26475 |
accordance with the criteria and procedures established in rules | 26476 |
adopted under division (B)(4) of this section and, after | 26477 |
compliance with those criteria and procedures, by the adoption of | 26478 |
rules in accordance with Chapter 119. of the Revised Code. The | 26479 |
commission shall not adopt rules under division (C)(5) of this | 26480 |
section modifying any threshold planning quantity established in | 26481 |
rules adopted under division (B)(1)(a) of this section, any | 26482 |
threshold quantity established in rules adopted under division | 26483 |
(B)(1)(b) of this section, or any reportable quantity established | 26484 |
in rules adopted under division (B)(1)(c) of this section. | 26485 |
If, after the commission has adopted rules under division | 26486 |
(C)(5) of this section identifying or listing an extremely | 26487 |
hazardous substance, hazardous chemical, or hazardous substance, | 26488 |
the administrator of the United States environmental protection | 26489 |
agency identifies or lists the substance or chemical as an | 26490 |
extremely hazardous substance or hazardous chemical under the | 26491 |
"Emergency Planning and Community Right-To-Know Act of 1986," 100 | 26492 |
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance | 26493 |
as a hazardous substance under the "Comprehensive Environmental | 26494 |
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, | 26495 |
42 U.S.C.A. 9602, as amended, the commission shall rescind its | 26496 |
rules adopted under division (C)(5) of this section pertaining to | 26497 |
the substance or chemical and adopt the appropriate rules under | 26498 |
division (B)(1)(a), (b), or (c) of this section. | 26499 |
(6) From time to time, request the director of environmental | 26500 |
protection and the executive director of the emergency management | 26501 |
agency to review implementation, administration, and enforcement | 26502 |
of the chemical emergency response planning and reporting programs | 26503 |
created by this chapter and rules adopted under it regarding their | 26504 |
effectiveness in preparing for response to releases of extremely | 26505 |
hazardous substances, hazardous chemicals, and hazardous | 26506 |
substances. After completion of any such review, the director of | 26507 |
environmental protection and the director of public safety shall | 26508 |
report their findings to the commission. Upon receipt of their | 26509 |
findings, the commission may make such recommendations for | 26510 |
legislative and administrative action as the commission finds | 26511 |
necessary or appropriate to promote achievement of the purposes of | 26512 |
this chapter. | 26513 |
(D) Except as provided in section 3750.06 of the Revised | 26514 |
Code, nothing in this chapter applies to the transportation, | 26515 |
including the storage incident to transportation, of any substance | 26516 |
or chemical subject to the requirements of this chapter, including | 26517 |
the transportation and distribution of natural gas. | 26518 |
(E) This chapter authorizes the state, through the emergency | 26519 |
response commission, the department of public safety, and the | 26520 |
environmental protection agency, to establish and maintain | 26521 |
chemical emergency response planning and preparedness, community | 26522 |
right-to-know, and hazardous substance and extremely hazardous | 26523 |
substance release reporting programs that are consistent with and | 26524 |
equivalent in scope, coverage, and content to the "Emergency | 26525 |
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729, | 26526 |
42 U.S.C.A. 11001, and regulations adopted under it, except as | 26527 |
otherwise specifically required or authorized in this chapter. The | 26528 |
commission, department, and agencies may do all things necessary, | 26529 |
incidental, or appropriate to implement, administer, and enforce | 26530 |
this chapter and to perform the duties and exercise the powers of | 26531 |
the state emergency response commission under that act and | 26532 |
regulations adopted under it and under this chapter. | 26533 |
Sec. 3750.081. (A) Notwithstanding any provision in this | 26534 |
chapter to the contrary, an owner or operator of a facility that | 26535 |
is regulated under Chapter 1509. of the Revised Code who has filed | 26536 |
a log in accordance with section 1509.10 of the Revised Code and a | 26537 |
production statement in accordance with section 1509.11 of the | 26538 |
Revised Code shall be deemed to have satisfied all of the | 26539 |
inventory, notification, listing, and other submission and filing | 26540 |
requirements established under this chapter, except for the | 26541 |
release reporting requirements established under section 3750.06 | 26542 |
of the Revised Code. | 26543 |
(B) The emergency response commission and every local | 26544 |
emergency planning committee and fire department in this state | 26545 |
shall establish a means by which to access, view, and retrieve | 26546 |
information, through the use of the internet or a computer disk, | 26547 |
from the electronic database maintained by the division of mineral | 26548 |
resources management in the department of natural resources in | 26549 |
accordance with section 1509.23 of the Revised Code. With respect | 26550 |
to facilities regulated under Chapter 1509. of the Revised Code, | 26551 |
the database shall be the means of providing and receiving the | 26552 |
information described in division (A) of this section. | 26553 |
Sec. 3750.13. (A)(1) Except as provided in division (A)(3) | 26554 |
or (4) of this section, the owner or operator of a facility | 26555 |
required to annually file an emergency and hazardous chemical | 26556 |
inventory form under section 3750.08 of the Revised Code shall | 26557 |
submit with the inventory form a filing fee of one hundred fifty | 26558 |
dollars. In addition to the filing fee, the owner or operator | 26559 |
shall submit with the inventory form the following additional fees | 26560 |
for reporting inventories of the individual hazardous chemicals | 26561 |
and extremely hazardous substances produced, used, or stored at | 26562 |
the facility: | 26563 |
(a) Except as provided in division (A)(1)(b) of this | 26564 |
section, an additional fee of
| 26565 |
chemical
enumerated on the inventory form
| 26566 |
(b) An additional fee of one hundred fifty dollars per | 26567 |
extremely hazardous substance enumerated on the inventory form. | 26568 |
The fee established in division (A)(1)(a) of this section does not | 26569 |
apply to the reporting of the inventory of a hazardous chemical | 26570 |
that is also an extremely hazardous substance to which the | 26571 |
inventory reporting fee established in division (A)(1)(b) of this | 26572 |
section applies. | 26573 |
The total fees required to accompany any inventory form shall | 26574 |
not exceed twenty-five hundred dollars. | 26575 |
(2) An owner or operator of a facility who fails to submit | 26576 |
such an inventory form within thirty days after the applicable | 26577 |
filing date prescribed in section 3750.08 of the Revised Code | 26578 |
shall submit with the inventory form a late filing fee in the | 26579 |
amount of
| 26580 |
under division (A)(1) or (4) of this section, in addition to the | 26581 |
fees due under division (A)(1)
or (4) of this section.
| 26582 |
26583 | |
26584 | |
26585 |
(3) The owner or operator of a facility who, during the | 26586 |
preceding year, was required to pay a fee to a municipal | 26587 |
corporation pursuant to an ordinance, rule, or requirement that | 26588 |
was in effect on the effective date of this section for the | 26589 |
reporting or providing of the names or amounts of extremely | 26590 |
hazardous substances or hazardous chemicals produced, used, or | 26591 |
stored at the facility may claim a credit against the fees due | 26592 |
under division (A)(1) or (4) of this section for the fees paid to | 26593 |
the municipal corporation pursuant to its reporting requirement. | 26594 |
The amount of the credit claimed in any reporting year shall not | 26595 |
exceed the amount of the fees due under division (A)(1) or (4) of | 26596 |
this section during that reporting year, and no unused portion of | 26597 |
the credit shall be carried over to subsequent years. In order to | 26598 |
claim a credit under this division, the owner or operator shall | 26599 |
submit with the emergency and hazardous chemical inventory form a | 26600 |
receipt issued by the municipal corporation or other documentation | 26601 |
acceptable to the commission indicating the amount of the fee paid | 26602 |
to the municipal corporation and the date on which the fee was | 26603 |
paid. | 26604 |
(4) An owner or operator who is regulated under Chapter | 26605 |
1509. of the Revised Code and who submits
| 26606 |
information under section 1509.11 of the Revised Code for not more | 26607 |
than
| 26608 |
26609 | |
response commission on or before the first day of March a flat fee | 26610 |
of
| 26611 |
following conditions: | 26612 |
(a) The facility exclusively stores crude oil or liquid | 26613 |
hydrocarbons or other fluids resulting, obtained, or produced in | 26614 |
connection with the production or storage of crude oil or natural | 26615 |
gas. | 26616 |
(b) The crude oil, liquid hydrocarbons, or other fluids | 26617 |
stored at the facility are conveyed directly to it through piping | 26618 |
or tubing. | 26619 |
(c) The facility is located on the same site as, or on a | 26620 |
site adjacent to, the well from which the crude oil, liquid | 26621 |
hydrocarbons, or other fluids are produced or obtained. | 26622 |
(d) The facility is used for the storage of the crude oil, | 26623 |
liquid hydrocarbons, or other fluids prior to their transportation | 26624 |
off the premises of the facility for sale, use, or disposal. | 26625 |
An owner or operator who submits
| 26626 |
for more
than
| 26627 |
the conditions prescribed in divisions (A)(4)(a) to (d) of this | 26628 |
section shall
submit to the commission a base fee of
| 26629 |
fifty dollars
| 26630 |
dollars for each facility
reported in excess of
| 26631 |
twenty-five, but not exceeding a total fee
of
| 26632 |
dollars. | 26633 |
26634 | |
26635 | |
26636 |
As used in division (A)(4) of this section, "owner or | 26637 |
operator" means the person who actually owns or operates any such | 26638 |
facility and any other person who controls, is controlled by, or | 26639 |
is under common control with the person who actually owns or | 26640 |
operates the facility. | 26641 |
(B) The emergency response commission and the local | 26642 |
emergency planning committee of an emergency planning district may | 26643 |
establish fees to be paid by persons, other than public officers | 26644 |
or employees, obtaining copies of documents or information | 26645 |
submitted to the commission or a committee under this chapter. The | 26646 |
fees shall be established at a level calculated to defray the | 26647 |
costs to the commission or committee for copying the documents or | 26648 |
information, but shall not exceed the maximum fees established in | 26649 |
rules adopted under division (B)(8) of section 3750.02 of the | 26650 |
Revised Code. | 26651 |
(C) Except as provided in this division and division (B) of | 26652 |
this section, and except for fees authorized by section 3737.22 of | 26653 |
the Revised Code or rules adopted under sections 3737.82 to | 26654 |
3737.882 of the Revised Code and collected exclusively for either | 26655 |
of those purposes, no committee or political subdivision shall | 26656 |
levy any fee, tax, excise, or other charge to carry out the | 26657 |
purposes of this chapter. A committee may charge the actual costs | 26658 |
involved in accessing any computerized data base established by | 26659 |
the commission under this chapter or by the United States | 26660 |
environmental protection agency under the "Emergency Planning and | 26661 |
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. | 26662 |
11001. | 26663 |
(D) Moneys collected by the commission under this section | 26664 |
shall be credited to the emergency planning and community | 26665 |
right-to-know fund created in section 3750.14 of the Revised Code. | 26666 |
Sec. 3769.08. (A) Any person holding a permit to conduct a | 26667 |
horse-racing meeting may provide a place in the race meeting | 26668 |
grounds or enclosure at which the permit holder may conduct and | 26669 |
supervise the pari-mutuel system of wagering by patrons of legal | 26670 |
age on the live racing programs and simulcast racing programs | 26671 |
conducted by
| 26672 |
| 26673 |
programs and simulcast racing programs held at or conducted within | 26674 |
such race track, and at the time of such horse-racing meeting, or | 26675 |
at other times authorized by the state racing commission, shall | 26676 |
not be unlawful. No other place, except that provided and | 26677 |
designated by the permit holder and except as provided in section | 26678 |
3769.26 of the Revised Code, nor any other method or system of | 26679 |
betting or wagering, except the pari-mutuel system, shall be used | 26680 |
or permitted by the permit holder; nor, except as provided in | 26681 |
section 3769.089 or 3769.26 of the Revised Code, shall the | 26682 |
pari-mutuel system of wagering be conducted by the permit holder | 26683 |
on any races except the races at the race track, grounds, or | 26684 |
enclosure for which the person holds a permit. Each permit holder | 26685 |
may retain as a commission an amount not to exceed eighteen per | 26686 |
cent of the total of all moneys wagered. | 26687 |
The pari-mutuel wagering authorized by this section is | 26688 |
subject to sections
3769.25 to
| 26689 |
Code. | 26690 |
(B) At the close of each racing day, each permit holder | 26691 |
authorized to conduct thoroughbred racing, out of the amount | 26692 |
retained on that day by the permit holder, shall pay by check, | 26693 |
draft, or money order to the tax commissioner, as a tax, a sum | 26694 |
equal to the following percentages of the total of all moneys | 26695 |
wagered on live racing programs on that day and shall separately | 26696 |
compute and pay by check, draft, or money order to the tax | 26697 |
commissioner, as a tax, a sum equal to the following percentages | 26698 |
of the total of all money wagered on simulcast racing programs on | 26699 |
that day: | 26700 |
(1) One per cent of the first two hundred thousand dollars | 26701 |
wagered, or any part
| 26702 |
(2) Two per cent of the next one hundred thousand dollars | 26703 |
wagered, or any part
| 26704 |
(3) Three per cent of the next one hundred thousand dollars | 26705 |
wagered, or any part
| 26706 |
(4) Four per cent of all sums over four hundred thousand | 26707 |
dollars wagered. | 26708 |
Except as otherwise provided in section 3769.089 of the | 26709 |
Revised Code, each permit holder authorized to conduct | 26710 |
thoroughbred racing shall use for purse money a sum equal to fifty | 26711 |
per cent of the pari-mutuel revenues retained by the permit holder | 26712 |
as a commission after payment of the state tax. This fifty per | 26713 |
cent payment shall be in addition to the purse distribution from | 26714 |
breakage specified in this section. | 26715 |
Subject to division (M) of this section, from the moneys paid | 26716 |
to the tax
commissioner by
| 26717 |
permit holders, one-half of one per cent of the total of all | 26718 |
moneys so wagered on a racing day shall be paid into the Ohio | 26719 |
fairs fund created by section 3769.082 of the Revised Code, one | 26720 |
and one-eighth per cent of the total of all moneys so wagered on a | 26721 |
racing day shall be paid into the Ohio thoroughbred race fund | 26722 |
created by section 3769.083 of the Revised Code, and one-quarter | 26723 |
of one per cent of the total of all moneys wagered on a racing day | 26724 |
by each permit holder shall be paid into the state racing | 26725 |
commission operating fund created by section 3769.03 of the | 26726 |
Revised Code. The required payment to the state racing commission | 26727 |
operating fund does not apply to county and independent fairs and | 26728 |
agricultural societies. The remaining moneys may be retained by | 26729 |
the permit holder, except as provided in this section with respect | 26730 |
to the odd cents redistribution. Amounts paid into the PASSPORT | 26731 |
fund shall be used solely for the support of the PASSPORT program | 26732 |
as determined in appropriations made by the general assembly. If | 26733 |
the PASSPORT program is abolished, the amount that would have been | 26734 |
paid to the PASSPORT fund under this chapter shall be paid to the | 26735 |
general revenue fund of the state. As used in this chapter, | 26736 |
"PASSPORT program" means the PASSPORT program created under | 26737 |
section 173.40 of the Revised Code. | 26738 |
| 26739 |
Ohio thoroughbred race fund under this section and section | 26740 |
3769.087 of the Revised Code
| 26741 |
26742 | |
26743 | |
26744 | |
26745 | |
per cent the total amount paid to this fund under this section and | 26746 |
that section during the immediately preceding calendar year. | 26747 |
Each year, the total amount calculated for payment into the | 26748 |
Ohio fairs fund under this division, division (C) of this section, | 26749 |
and section 3769.087 of the Revised Code shall be an amount | 26750 |
calculated using the percentages specified in this division, | 26751 |
division (C) of this section, and section 3769.087 of the Revised | 26752 |
Code.
| 26753 |
26754 | |
26755 | |
26756 | |
26757 | |
26758 | |
26759 | |
26760 | |
26761 | |
26762 | |
26763 | |
26764 | |
26765 | |
26766 | |
A permit holder may contract with a thoroughbred horsemen's | 26767 |
organization for the organization to act as a representative of | 26768 |
all thoroughbred owners and trainers participating in a | 26769 |
horse-racing meeting conducted by the permit holder. A | 26770 |
"thoroughbred horsemen's organization" is any corporation or | 26771 |
association that represents, through membership or otherwise, more | 26772 |
than one-half of the aggregate of all thoroughbred owners and | 26773 |
trainers who were licensed and actively participated in racing | 26774 |
within this state during the preceding calendar year. Except as | 26775 |
otherwise provided in this paragraph, any moneys received by a | 26776 |
thoroughbred horsemen's organization shall be used exclusively for | 26777 |
the benefit of thoroughbred owners and trainers racing in this | 26778 |
state through the administrative purposes of the organization, | 26779 |
benevolent activities on behalf of the horsemen, promotion of the | 26780 |
horsemen's rights and interests, and promotion of equine research. | 26781 |
A thoroughbred horsemen's organization may expend not more than an | 26782 |
aggregate of five per cent of its annual gross receipts, or a | 26783 |
larger amount as approved by the organization, for dues, | 26784 |
assessments, and other payments to all other local, national, or | 26785 |
international organizations having as their primary purposes the | 26786 |
promotion of thoroughbred horse racing, thoroughbred horsemen's | 26787 |
rights, and equine research. | 26788 |
(C) Except as otherwise provided in division (B) of this | 26789 |
section, at the close of each racing day, each permit holder | 26790 |
authorized to conduct harness or quarter horse racing, out of the | 26791 |
amount retained that day by the permit holder, shall pay by check, | 26792 |
draft, or money order to the tax commissioner, as a tax, a sum | 26793 |
equal to the following percentages of the total of all moneys | 26794 |
wagered on live racing programs and shall separately compute and | 26795 |
pay by check, draft, or money order to the tax commissioner, as a | 26796 |
tax, a sum equal to the following percentages of the total of all | 26797 |
money wagered on simulcast racing programs on that day: | 26798 |
(1) One per cent of the first two hundred thousand dollars | 26799 |
wagered, or any part
| 26800 |
(2) Two per cent of the next one hundred thousand dollars | 26801 |
wagered, or any part
| 26802 |
(3) Three per cent of the next one hundred thousand dollars | 26803 |
wagered, or any part
| 26804 |
(4) Four per cent of all sums over four hundred thousand | 26805 |
dollars wagered. | 26806 |
Except as otherwise provided in division (B) and subject to | 26807 |
division (M) of this section, from the moneys paid to the tax | 26808 |
commissioner by permit holders authorized to conduct harness or | 26809 |
quarter horse racing, one-half of one per cent of all moneys | 26810 |
wagered on that racing day shall be paid into the Ohio fairs fund; | 26811 |
from the moneys paid to the tax commissioner by permit holders | 26812 |
authorized to conduct harness racing, five-eighths of one per cent | 26813 |
of all moneys wagered on that racing day shall be paid into the | 26814 |
Ohio standardbred development fund; and from the moneys paid to | 26815 |
the tax commissioner by permit holders authorized to conduct | 26816 |
quarter horse racing, five-eighths of one per cent of all moneys | 26817 |
wagered on that racing day shall be paid into the Ohio quarter | 26818 |
horse development fund. | 26819 |
(D) In addition, subject to division (M) of this section, | 26820 |
beginning on January 1, 1996, from the money paid to the tax | 26821 |
commissioner as a tax under this section and section 3769.087 of | 26822 |
the Revised Code by harness horse permit holders, one-half of one | 26823 |
per cent of the amount wagered on a racing day shall be paid into | 26824 |
the Ohio standardbred development fund. Beginning January 1, | 26825 |
1998, the payment to the Ohio standardbred development fund | 26826 |
required
under
this division
| 26827 |
county agricultural societies or independent agricultural | 26828 |
societies. | 26829 |
| 26830 |
Ohio standardbred development fund under this division, division | 26831 |
(C) of this section, and section 3769.087 of the Revised Code and | 26832 |
the total amount paid to the Ohio quarter horse development fund | 26833 |
under
this division and that section
| 26834 |
26835 | |
26836 | |
26837 | |
26838 | |
the total amount paid into the fund under this division, division | 26839 |
(C) of this section, and section 3769.087 of the Revised Code in | 26840 |
the immediately preceding calendar year. | 26841 |
(E) Subject to division (M) of this section, from the money | 26842 |
paid as a tax under this chapter by harness and quarter horse | 26843 |
permit holders, one-quarter of one per cent of the total of all | 26844 |
moneys wagered on a racing day by each permit holder shall be paid | 26845 |
into the state racing commission operating fund created by section | 26846 |
3769.03 of the Revised Code. This division does not apply to | 26847 |
county and independent fairs and agricultural societies. | 26848 |
(F) Except as otherwise provided in section 3769.089 of the | 26849 |
Revised Code, each permit holder authorized to conduct harness | 26850 |
racing
shall
| 26851 |
equal to fifty per cent of the pari-mutuel revenues retained by | 26852 |
the permit holder as a commission after payment of the state tax. | 26853 |
This fifty per cent payment is to be in addition to the purse | 26854 |
distribution from breakage specified in this section. | 26855 |
(G) In addition, each permit holder authorized to conduct | 26856 |
harness racing shall be allowed to retain the odd cents of all | 26857 |
redistribution to be made on all mutual contributions exceeding a | 26858 |
sum equal to the next lowest multiple of ten. | 26859 |
Forty per cent of that portion of that total sum of such odd | 26860 |
cents shall be used by the permit holder for purse money for Ohio | 26861 |
sired, bred, and owned colts, for purse money for Ohio bred | 26862 |
horses, and for increased purse money for horse races. Upon the | 26863 |
formation of the corporation described in section 3769.21 of the | 26864 |
Revised Code to establish a harness horsemen's health and | 26865 |
retirement fund, twenty-five per cent of that portion of that | 26866 |
total sum of odd cents shall be paid at the close of each racing | 26867 |
day by the permit holder to
| 26868 |
fund the health and retirement fund. Until
| 26869 |
is
formed,
| 26870 |
close of each racing day by the permit holder to the tax | 26871 |
commissioner or the tax commissioner's agent in the county seat of | 26872 |
the county in which the permit holder operates race meetings. The | 26873 |
remaining thirty-five per cent of that portion of that total sum | 26874 |
of odd cents shall be retained by the permit holder. | 26875 |
(H) In addition, each permit holder authorized to conduct | 26876 |
thoroughbred racing shall be allowed to retain the odd cents of | 26877 |
all redistribution to be made on all mutuel contributions | 26878 |
exceeding a sum equal to the next lowest multiple of ten. Twenty | 26879 |
per cent of that portion of that total sum of such odd cents shall | 26880 |
be used by the permit holder for increased purse money for horse | 26881 |
races. Upon the formation of the corporation described in section | 26882 |
3769.21 of the Revised Code to establish a thoroughbred horsemen's | 26883 |
health and retirement fund, forty-five per cent of that portion of | 26884 |
that total sum of odd cents shall be paid at the close of each | 26885 |
racing day by the permit holder to
| 26886 |
establish and fund the health and retirement fund. Until
| 26887 |
that
corporation is formed,
| 26888 |
paid by the permit holder to the tax commissioner or the tax | 26889 |
commissioner's agent in the county seat of the county in which the | 26890 |
permit holder operates race meetings, at the close of each racing | 26891 |
day. The remaining thirty-five per cent of that portion of that | 26892 |
total sum of odd cents shall be retained by the permit holder. | 26893 |
(I) In addition, each permit holder authorized to conduct | 26894 |
quarter horse racing shall be allowed to retain the odd cents of | 26895 |
all redistribution to be made on all mutuel contributions | 26896 |
exceeding a sum equal to the next lowest multiple of ten, subject | 26897 |
to a tax of twenty-five per cent on that portion of the total sum | 26898 |
of such odd cents that is in excess of two thousand dollars during | 26899 |
a calendar year, which tax shall be paid at the close of each | 26900 |
racing day by the permit holder to the tax commissioner or the tax | 26901 |
commissioner's agent in the county seat of the county within which | 26902 |
the permit holder operates race meetings. Forty per cent of that | 26903 |
portion of that total sum of such odd cents shall be used by the | 26904 |
permit holder for increased purse money for horse races. The | 26905 |
remaining thirty-five per cent of that portion of that total sum | 26906 |
of odd cents shall be retained by the permit holder. | 26907 |
(J)(1) To encourage the improvement of racing facilities for | 26908 |
the benefit of the public, breeders, and horse owners, and to | 26909 |
increase the revenue to the state from the increase in pari-mutuel | 26910 |
wagering resulting from
| 26911 |
a permit holder to the state as provided for in this chapter shall | 26912 |
be reduced by three-fourths of one per cent of the total amount | 26913 |
wagered for those permit holders who make capital improvements to | 26914 |
existing race tracks or construct new race tracks. The percentage | 26915 |
of the reduction that may be taken each racing day shall equal | 26916 |
seventy-five per cent of the tax levied under divisions (B) and | 26917 |
(C) of this section and section 3769.087 of the Revised Code, and | 26918 |
division (F)(2) of section 3769.26 of the Revised Code, as | 26919 |
applicable, divided by the calculated amount each fund should | 26920 |
receive under divisions (B) and (C) of this section and section | 26921 |
3769.087 of the Revised Code, and division (F)(2) of section | 26922 |
3769.26 of the Revised Code and the reduction provided for in this | 26923 |
division. If the resulting percentage is less than one, that | 26924 |
percentage shall be multiplied by the amount of the reduction | 26925 |
provided for in this division. Otherwise, the permit holder shall | 26926 |
receive the full reduction provided for in this division. The | 26927 |
amount of the allowable reduction not received shall be carried | 26928 |
forward and applied against future tax liability. After any | 26929 |
reductions expire, any reduction carried forward shall be treated | 26930 |
as
a reduction as
provided for in this division.
| 26931 |
If more than one permit holder is authorized to conduct | 26932 |
racing at the facility that is being built or improved, the cost | 26933 |
of the new race track or capital improvement shall be allocated | 26934 |
between or among all the permit holders in the ratio that the | 26935 |
permit holders' number of racing days bears to the total number of | 26936 |
racing days
conducted at the facility.
| 26937 |
A reduction for a new race track or a capital improvement | 26938 |
shall start from the day racing is first conducted following the | 26939 |
date actual construction of the new race track or each capital | 26940 |
improvement is completed and the construction cost has been | 26941 |
| 26942 |
provided in this section.
| 26943 |
a capital improvement shall continue for a period of twenty-five | 26944 |
years
for new race tracks and for fifteen years for
| 26945 |
improvements if the construction of the capital improvement or new | 26946 |
race track commenced prior to March 29, 1988, and for a period of | 26947 |
ten years for new
race tracks or
| 26948 |
construction of the capital improvement or new race track | 26949 |
commenced on or after March 29, 1988, but before the effective | 26950 |
date of this amendment, or until the total tax reduction reaches | 26951 |
seventy per cent of the
approved cost of the new
race
track or
| 26952 |
capital improvement, as allocated to each permit holder, whichever | 26953 |
occurs first.
| 26954 |
capital improvement approved after the effective date of this | 26955 |
amendment shall continue until the total tax reduction reaches one | 26956 |
hundred per cent of the approved cost of the new race track or | 26957 |
capital improvement, as allocated to each permit holder. | 26958 |
A reduction granted for
| 26959 |
improvement, the application for which was approved by the racing | 26960 |
commission after March 29, 1988, but before the effective date of | 26961 |
this amendment, shall not commence nor shall the ten-year period | 26962 |
begin to run until all prior tax reductions with respect to the | 26963 |
same race track have ended. The total tax reduction because of | 26964 |
capital improvements shall not during any one year exceed for all | 26965 |
permit holders using any one track three-fourths of one per cent | 26966 |
of the total amount wagered, regardless of the number of capital | 26967 |
improvements made. Several capital improvements to a race track | 26968 |
may be consolidated in an application if the racing commission | 26969 |
approved the application prior to March 29, 1988. No permit | 26970 |
holder may receive a tax reduction for a capital improvement | 26971 |
approved by the racing commission on or after March 29, 1988, at a | 26972 |
race track until all tax reductions have ended for all prior | 26973 |
capital improvements approved by the racing commission under this | 26974 |
section or section 3769.20 of the Revised Code at that race track. | 26975 |
If there are two or more permit holders operating meetings at the | 26976 |
same track, they may consolidate their applications. The racing | 26977 |
commission shall
notify the tax commissioner when the
| 26978 |
reduction of tax
begins and
when it ends.
| 26979 |
Each fiscal year the racing commission shall submit a report | 26980 |
to the tax commissioner, the office of budget and management, and | 26981 |
the
| 26982 |
commission. The report shall identify each capital improvement | 26983 |
project undertaken under this division and in progress at each | 26984 |
race track, indicate the total cost of each
| 26985 |
the tax reduction that resulted from each
| 26986 |
immediately preceding fiscal year, estimate the tax reduction that | 26987 |
will result from each
| 26988 |
state the total tax reduction that resulted from all such projects | 26989 |
at all race tracks during the immediately preceding fiscal year, | 26990 |
and estimate the total tax reduction that will result from all | 26991 |
such projects at all race tracks during the current fiscal year. | 26992 |
(2) In order to qualify for the reduction in tax, a permit | 26993 |
holder shall apply to the racing commission in such form as the | 26994 |
commission may require and shall provide full details of the new | 26995 |
| 26996 |
its construction and completion, and set forth the costs and | 26997 |
expenses
incurred in connection
| 26998 |
commission shall not approve an application unless the permit | 26999 |
holder shows that a contract for the new race track or capital | 27000 |
improvement has been let under an unrestricted competitive bidding | 27001 |
procedure, unless the contract is exempted by the controlling | 27002 |
board because of its unusual nature. In determining whether to | 27003 |
approve an application, the racing commission shall consider | 27004 |
whether the new race track or capital improvement will promote the | 27005 |
safety, convenience, and comfort of the racing public and horse | 27006 |
owners and generally tend towards the improvement of racing in | 27007 |
this state. | 27008 |
(3) If a new race track or capital improvement is approved | 27009 |
by the racing commission and construction has started, the tax | 27010 |
| 27011 |
presentation of copies of paid bills in excess of one hundred | 27012 |
thousand dollars or ten per cent of the approved cost, whichever | 27013 |
is greater. After the initial authorization, the permit holder | 27014 |
shall present copies of paid bills. If the permit holder is in | 27015 |
substantial compliance with the schedule for construction and | 27016 |
completion of the new race track or capital improvement, the | 27017 |
racing commission may authorize the continuation of the tax | 27018 |
| 27019 |
paid bills. The total amount of the tax
| 27020 |
authorized shall not exceed
| 27021 |
approved cost of the new race track or capital improvement | 27022 |
specified in division (J)(1) of this section. The racing | 27023 |
commission
may
terminate any
tax
| 27024 |
if a permit holder fails to complete the new race track or capital | 27025 |
improvement, or to substantially comply with the schedule for | 27026 |
construction and completion of the new race track or capital | 27027 |
improvement. If a permit holder fails to complete a new race | 27028 |
track or capital improvement, the racing commission shall order | 27029 |
the permit holder to repay to the state the total amount of tax | 27030 |
reduced. The normal tax paid by the permit holder shall be | 27031 |
increased by three-fourths of one per cent of the total amount | 27032 |
wagered until the total amount of the additional tax collected | 27033 |
equals the total amount of tax reduced. | 27034 |
(4) As used in this section | 27035 |
(a) "Capital improvement" means an addition, replacement, or | 27036 |
remodeling of a structural unit of a race track facility costing | 27037 |
at least one hundred thousand dollars, including, but not limited | 27038 |
to, the construction of barns
used exclusively for
| 27039 |
track facility, backstretch facilities for horsemen, paddock | 27040 |
facilities, new pari-mutuel and totalizator equipment and | 27041 |
appurtenances
| 27042 |
new access roads, new parking areas, the complete reconstruction, | 27043 |
reshaping, and leveling of the
| 27044 |
appurtenances, the installation of permanent new heating or air | 27045 |
conditioning,
| 27046 |
of a permanent nature forming a part of the track structure, and | 27047 |
construction of buildings that are located on a permit holder's | 27048 |
premises. "Capital improvement" does not include the cost of | 27049 |
replacement of equipment that is not permanently installed, | 27050 |
ordinary repairs, painting, and maintenance required to keep a | 27051 |
race track facility in ordinary
operating
condition.
| 27052 |
(b)
"New race track"
| 27053 |
reconstruction of a race track damaged by fire or other cause that | 27054 |
has been declared by the racing commission, as a result of the | 27055 |
damage, to be an inadequate facility for the safe operation of | 27056 |
horse racing. | 27057 |
(c) "Approved cost" includes all debt service and interest | 27058 |
costs that are associated with a capital improvement or new race | 27059 |
track and that the racing commission approves for a tax reduction | 27060 |
under division (J) of this section. | 27061 |
(5) The racing commission shall not approve an application | 27062 |
for a tax reduction under this section if it has reasonable cause | 27063 |
to believe that the actions or negligence of the permit holder | 27064 |
substantially contributed to the damage suffered by the track due | 27065 |
to fire or other cause. The racing commission shall obtain any | 27066 |
data or information available from a fire marshal, law enforcement | 27067 |
official, or insurance company concerning any fire or other damage | 27068 |
suffered by a track, prior to approving an application for a tax | 27069 |
reduction. | 27070 |
(6) The
approved cost
| 27071 |
applies shall be determined by generally accepted accounting | 27072 |
principles and verified by an audit of the permit holder's records | 27073 |
upon completion of the project by the racing commission, or by an | 27074 |
independent certified public accountant selected by the permit | 27075 |
holder and approved by the commission. | 27076 |
| 27077 |
27078 | |
27079 | |
27080 |
(K) No other license or excise tax or fee, except as | 27081 |
provided in sections 3769.01 to 3769.14 of the Revised Code, shall | 27082 |
be assessed or collected from such licensee by any county, | 27083 |
township, district, municipal corporation, or other body having | 27084 |
power to assess or collect a tax or fee. That portion of the tax | 27085 |
paid under this section by permit holders for racing conducted at | 27086 |
and during the course of an agricultural exposition or fair, and | 27087 |
that portion of the tax that would have been paid by eligible | 27088 |
permit holders into the PASSPORT fund as a result of racing | 27089 |
conducted at and during the course of an agricultural exposition | 27090 |
or fair, shall be deposited into the state treasury to the credit | 27091 |
of the horse racing tax fund, which is hereby created for the use | 27092 |
of the agricultural societies of the several counties in which the | 27093 |
taxes originate. The state racing commission shall determine | 27094 |
eligible permit holders for purposes of the preceding sentence, | 27095 |
taking into account the breed of horse, the racing dates, the | 27096 |
geographic proximity to the fair, and the best interests of Ohio | 27097 |
racing. On the first day of any month on which there is money in | 27098 |
the fund, the
| 27099 |
shall provide for payment to the treasurer of each agricultural | 27100 |
society the amount of the taxes collected under this section upon | 27101 |
racing conducted at and during the course of any exposition or | 27102 |
fair
conducted by
| 27103 |
(L) From the tax paid under this section by harness track | 27104 |
permit holders, the tax commissioner shall pay into the Ohio | 27105 |
thoroughbred race fund a sum equal to a percentage of the amount | 27106 |
wagered upon which
| 27107 |
determined by the tax commissioner and shall be rounded to the | 27108 |
nearest one-hundredth. The percentage shall be such that, when | 27109 |
multiplied by the amount wagered upon which tax was paid by the | 27110 |
harness track permit holders in the most recent year for which | 27111 |
final figures are available, it results in a sum that | 27112 |
substantially equals the same amount of tax paid by the tax | 27113 |
commissioner during that year into the Ohio fairs fund from taxes | 27114 |
paid by thoroughbred permit holders. This division does not apply | 27115 |
to county and independent fairs and agricultural societies. | 27116 |
(M) Twenty-five per cent of the taxes levied on | 27117 |
| 27118 |
| 27119 |
racing permit holders under this section, section 3769.087 of the | 27120 |
Revised Code, and division (F)(2) of section 3769.26 of the | 27121 |
Revised
Code shall be paid
| 27122 |
commissioner shall
pay
any money
remaining, after
the
payment
| 27123 |
into the PASSPORT fund and the reductions provided for in division | 27124 |
(J) of this section and in section 3769.20 of the Revised Code, | 27125 |
into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio | 27126 |
standardbred development fund, Ohio quarter horse fund, and state | 27127 |
racing commission operating fund as prescribed in this section and | 27128 |
section
3769.087
of the Revised Code | 27129 |
27130 | |
27131 | |
commissioner shall thereafter use and apply the balance of the | 27132 |
money paid as a tax by any permit holder to cover any shortage in | 27133 |
the accounts of such funds resulting from an insufficient payment | 27134 |
as a tax by any other permit holder. The moneys received by the | 27135 |
tax commissioner shall be deposited weekly and paid by the tax | 27136 |
commissioner into the funds to cover the total aggregate amount | 27137 |
due from all permit holders to the funds, as calculated under this | 27138 |
section and section 3769.087 of the Revised Code, as applicable. | 27139 |
If, after
the payment
| 27140 |
are not available from the tax deposited by the tax commissioner | 27141 |
to pay
the required
| 27142 |
standardbred development fund, Ohio thoroughbred race fund, Ohio | 27143 |
quarter horse fund, and the state racing commission operating | 27144 |
fund, the tax commissioner shall prorate on a proportional basis | 27145 |
the amount paid to each of the funds. Any shortage to the funds | 27146 |
as a result of a proration shall be applied against future | 27147 |
deposits for the same calendar year when funds are available. | 27148 |
After this application, the tax commissioner shall pay any | 27149 |
remaining money paid as a tax by all permit holders into the | 27150 |
PASSPORT fund.
| 27151 |
27152 | |
27153 | |
27154 | |
27155 | |
27156 | |
27157 | |
27158 | |
27159 | |
27160 | |
27161 | |
27162 | |
27163 | |
27164 | |
This division does not apply to permit holders conducting racing | 27165 |
at the course of an agricultural exposition or fair as described | 27166 |
in division (K) of this section. | 27167 |
Sec. 3769.085. There is hereby created in the state treasury | 27168 |
the Ohio standardbred development fund, to consist of moneys paid | 27169 |
into it pursuant to section 3769.08 of the Revised Code and any | 27170 |
fees assessed for or on behalf of the Ohio sires stakes races. All | 27171 |
investment earnings on the cash balance in the fund shall be | 27172 |
credited to the fund. Moneys to the credit of the
| 27173 |
27174 | |
state racing commission with the approval of the Ohio standardbred | 27175 |
development commission. | 27176 |
The development commission shall consist of three members, | 27177 |
all to be residents of this state knowledgeable in breeding and | 27178 |
racing, to be appointed by the governor with the advice and | 27179 |
consent of the senate. One member shall be a standardbred | 27180 |
breeder, and one shall be a standardbred owner. Of the initial | 27181 |
appointments, one member shall be appointed for a term ending June | 27182 |
30, 1977, and two members shall be appointed for terms ending June | 27183 |
30, 1979. Thereafter, appointments for other than unexpired terms | 27184 |
shall be for four years. Terms shall begin the first day of July | 27185 |
and end the thirtieth day of June. Any member appointed to fill a | 27186 |
vacancy occurring prior to the expiration of the term for which | 27187 |
the member's predecessor was appointed shall hold office for the | 27188 |
remainder of
| 27189 |
subsequent to the expiration date of the member's term until a | 27190 |
successor takes office. Members shall receive no compensation, | 27191 |
except they shall be paid actual and necessary expenses from the | 27192 |
Ohio standardbred development fund. The state racing commission | 27193 |
shall also be reimbursed for actual expense approved by the | 27194 |
development commission. The development commission may elect one | 27195 |
member to serve as secretary. | 27196 |
Upon application not later than the first day of December | 27197 |
from the harness tracks conducting races with pari-mutuel | 27198 |
wagering, other than agricultural expositions and fairs, the | 27199 |
development commission shall, after a hearing and not later than | 27200 |
the twentieth day of January, allocate and approve all available | 27201 |
moneys for colt races for two-year-old and three-year-old colts | 27202 |
and fillies, both trotting and pacing. Separate races for fillies | 27203 |
shall be provided at each age and gait. At least five races and a | 27204 |
championship race shall be scheduled for each of the eight | 27205 |
categories of age, sex, and gait. The allocations shall take into | 27206 |
account the time of year that racing colts is feasible, the equity | 27207 |
and continuity of the proposed dates for racing the events, and | 27208 |
the amounts to be added by the tracks, looking to the maximum | 27209 |
benefit for those participating in the races. Representatives of | 27210 |
the tracks and the Ohio harness horsemens association shall be | 27211 |
given an opportunity to be heard before the allocations are made. | 27212 |
No races shall be contested earlier than the first day of May or | 27213 |
later than the first day of November; all permit holders operating | 27214 |
extended pari-mutuel meetings between
| 27215 |
entitled to at least three races. No funds for a race shall be | 27216 |
allocated to and paid to a permit holder by the development | 27217 |
commission unless the permit holder adds at least twenty-five per | 27218 |
cent to the amount allocated by the development commission, and | 27219 |
not less than five thousand dollars to each race. | 27220 |
Colts and fillies eligible to the races shall be only those | 27221 |
sired by a standardbred stallion that was registered with the | 27222 |
state racing commission and stood in
| 27223 |
breeding season of the year the colt or filly was conceived and | 27224 |
fillies foaled before November 1, 1979, that are not so qualified | 27225 |
but wholly owned by a
resident or residents of
| 27226 |
the first day of January of the year that such filly would be | 27227 |
eligible to race as a two-year-old and also wholly owned by a | 27228 |
resident or residents of
| 27229 |
contested. | 27230 |
If the development commission concludes that sufficient funds | 27231 |
are available to add aged races without reducing purse levels of | 27232 |
the colt and filly races, the development commission may allocate | 27233 |
funds to four-year-old and five-year-old races of each sex and | 27234 |
gait with Ohio eligibility required as set forth in this section. | 27235 |
The state racing commission may allocate an amount not to | 27236 |
exceed five per cent of the total Ohio standardbred development | 27237 |
fund available in any one calendar year to research projects | 27238 |
directed toward improving the breeding, raising, racing, and | 27239 |
health and soundness of horses in the state and toward education | 27240 |
or promotion of the industry. | 27241 |
Sec. 3769.20. (A) To encourage the renovation of existing | 27242 |
racing facilities for the benefit of the public, breeders, and | 27243 |
horse owners and to increase the revenue to the state from the | 27244 |
increase in pari-mutuel wagering resulting from such improvement, | 27245 |
the taxes paid by a permit holder to the state, in excess of the | 27246 |
amount paid
| 27247 |
cent of the total amount wagered for those permit holders who | 27248 |
carry out a major capital improvement project. The percentage of | 27249 |
the reduction that may be taken each racing day shall equal | 27250 |
seventy-five per cent of the amount of the tax levied under | 27251 |
divisions (B) and (C) of section 3769.08, section 3769.087, and | 27252 |
division (F)(2) of section 3769.26 of the Revised Code, as | 27253 |
applicable, divided by the calculated amount each fund should | 27254 |
receive under divisions (B) and (C) of section 3769.08, section | 27255 |
3769.087, and division (F)(2) of section 3769.26 of the Revised | 27256 |
Code and the reduction provided for in this section. If the | 27257 |
resulting percentage is less than one, that percentage shall be | 27258 |
multiplied by the amount of the reduction provided for in this | 27259 |
section. Otherwise, the permit holder shall receive the full | 27260 |
reduction provided for in this section. The amount of the | 27261 |
allowable reduction not received shall be carried forward and | 27262 |
added to any other reduction balance and applied against future | 27263 |
tax liability. After any reductions expire, any reduction carried | 27264 |
forward shall be treated as a reduction as provided for in this | 27265 |
section. If the amount of allowable
| 27266 |
the amount of taxes derived from a permit holder, the amount of | 27267 |
the allowable
| 27268 |
and applied against future tax
liability.
| 27269 |
If more than one permit holder is authorized to conduct | 27270 |
racing at the facility that is being improved, the cost of the | 27271 |
major capital improvement project shall be allocated between or | 27272 |
among all the permit holders in the ratio that each permit | 27273 |
holder's number of racing days bears to the total number of racing | 27274 |
days conducted at the facility.
| 27275 |
A reduction for a major capital improvement project shall | 27276 |
start from the day racing is first conducted following the date on | 27277 |
which the major capital improvement project is completed and the | 27278 |
construction cost has been
| 27279 |
commission, except as otherwise provided in division (E) of this | 27280 |
section, and shall continue until the total tax reduction equals | 27281 |
the cost of the major capital improvement project plus debt | 27282 |
service applicable to the project. In no event, however, shall | 27283 |
any tax reduction, excluding any reduction balances, be permitted | 27284 |
under this section after December 31, 2014. The total tax | 27285 |
reduction because of the major capital improvement project shall | 27286 |
not during any one year exceed for all permit holders using any | 27287 |
one track | 27288 |
commission
shall notify the tax commissioner when the
| 27289 |
reduction of tax begins and when it ends. | 27290 |
(B) Each fiscal year, the racing commission shall submit a | 27291 |
report to the tax commissioner, the office of budget and | 27292 |
management, and
the
| 27293 |
service commission. The report shall identify each capital | 27294 |
improvement project undertaken under this section and in progress | 27295 |
at each
race track, indicate the total cost of each
| 27296 |
state
the tax reduction that resulted from each
| 27297 |
during the immediately preceding fiscal year, estimate the tax | 27298 |
reduction
that will result from each
| 27299 |
current fiscal year, state the total tax reduction that resulted | 27300 |
from all such projects at all race tracks during the immediately | 27301 |
preceding fiscal year, and estimate the total tax reduction that | 27302 |
will result from all such projects at all race tracks during the | 27303 |
current fiscal year. | 27304 |
(C) The tax reduction granted pursuant to this section shall | 27305 |
be in addition to any tax reductions for capital improvements and | 27306 |
new race tracks provided for in section 3769.08 of the Revised | 27307 |
Code
and approved by the
racing commission
| 27308 |
27309 |
(D) In order to qualify for the reduction in tax, a permit | 27310 |
holder shall apply to the racing commission in such form as the | 27311 |
commission may require and shall provide full details of the major | 27312 |
capital improvement project, including plans and specifications, a | 27313 |
schedule for the project's construction and completion, and a | 27314 |
breakdown of proposed costs. In addition, the permit holder shall | 27315 |
have commenced construction of the major capital improvement | 27316 |
project or shall have had the application for the project approved | 27317 |
by the racing commission prior to March 29, 1988. The racing | 27318 |
commission shall not approve an application unless the permit | 27319 |
holder shows that a contract for the major capital improvement | 27320 |
project has been let under an unrestricted competitive bidding | 27321 |
procedure, unless the contract is exempted by the controlling | 27322 |
board because of its unusual nature. In determining whether to | 27323 |
approve an application, the racing commission shall consider | 27324 |
whether the major capital improvement project will promote the | 27325 |
safety, convenience, and comfort of the racing public and horse | 27326 |
owners and generally tend toward the improvement of racing in this | 27327 |
state. | 27328 |
(E) If the major capital improvement project is approved by | 27329 |
the racing commission and construction has started, the tax | 27330 |
| 27331 |
presentation of copies of paid bills in excess of five hundred | 27332 |
thousand dollars. After the initial authorization, the permit | 27333 |
holder shall present copies of paid bills in the amount of not | 27334 |
less than five hundred thousand dollars. If the permit holder is | 27335 |
in substantial compliance with the schedule for construction and | 27336 |
completion of the major capital improvement project, the racing | 27337 |
commission may authorize the continuance of the tax
| 27338 |
reduction
upon the presentation of
| 27339 |
in increments of five hundred thousand dollars. The racing | 27340 |
commission may terminate
the tax
| 27341 |
holder fails to complete the major capital improvement project or | 27342 |
fails to comply substantially with the schedule for construction | 27343 |
and completion of the major capital improvement project. If the | 27344 |
time for completion of the major capital improvement project is | 27345 |
delayed by acts of God, strikes, or the unavailability of labor or | 27346 |
materials, the time for completion as set forth in the schedule | 27347 |
shall be extended by the period of the delay. If a permit holder | 27348 |
fails to complete the major capital improvement project, the | 27349 |
racing commission shall order the permit holder to repay to the | 27350 |
state the total amount of tax reduced, unless the permit holder | 27351 |
has spent at least six million dollars on the project. The normal | 27352 |
tax paid by the permit holder under section 3769.08 of the Revised | 27353 |
Code shall be increased by one per cent of the total amount | 27354 |
wagered until the total amount of the additional tax collected | 27355 |
equals the total amount of tax reduced. Any action taken by the | 27356 |
racing commission pursuant to this section in terminating the tax | 27357 |
adjustment or requiring repayment of the amount of tax reduced | 27358 |
shall be subject to Chapter 119. of the Revised Code. | 27359 |
(F) As used in this section, "major capital improvement | 27360 |
project" means the renovation, reconstruction, or remodeling, | 27361 |
costing at least six million dollars, of a race track facility, | 27362 |
including, but not limited to, the construction of barns used | 27363 |
exclusively for that race track facility, backstretch facilities | 27364 |
for horsemen, paddock facilities, pari-mutuel and totalizator | 27365 |
equipment and appurtenances to that equipment purchased by the | 27366 |
track, new access roads, new parking areas, the complete | 27367 |
reconstruction, reshaping, and leveling of the
| 27368 |
surface and appurtenances, grandstand enclosure, installation of | 27369 |
permanent new heating or air conditioning, roof replacement, and | 27370 |
installations of a permanent nature forming a part of the track | 27371 |
structure. | 27372 |
(G) The cost and expenses to which the tax reduction granted | 27373 |
under this section applies shall be determined by generally | 27374 |
accepted accounting principles and be verified by an audit of the | 27375 |
permit holder's records, upon completion of the major capital | 27376 |
improvement project, either by the racing commission or by an | 27377 |
independent certified public accountant selected by the permit | 27378 |
holder and approved by the commission. | 27379 |
(H) This section and section 3769.201 of the Revised Code | 27380 |
govern any tax reduction granted to a permit holder for the cost | 27381 |
to the permit holder of any cleanup, repair, or improvement | 27382 |
required as a result of damage caused by the 1997 Ohio river flood | 27383 |
to the place, track, or enclosure for which the permit is issued. | 27384 |
Sec. 3770.06. (A) There is hereby created the state lottery | 27385 |
gross revenue fund, which shall be in the custody of the treasurer | 27386 |
of state but shall not be part of the state treasury. All gross | 27387 |
revenues received from sales of lottery tickets, fines, fees, and | 27388 |
related proceeds shall be deposited into the fund. The treasurer | 27389 |
of state shall invest any portion of the fund not needed for | 27390 |
immediate use in the same manner as, and subject to all provisions | 27391 |
of law with respect to the investment of, state funds. The | 27392 |
treasurer of state shall disburse money from the fund on order of | 27393 |
the director of the state lottery commission or the director's | 27394 |
designee. All revenues of the state lottery gross revenue fund | 27395 |
that are not paid to holders of winning lottery tickets, that are | 27396 |
not required to meet short-term prize liabilities, that are not | 27397 |
paid to lottery
sales agents in the form of
| 27398 |
commissions, or reimbursements, and that are not paid to financial | 27399 |
institutions to
reimburse
| 27400 |
nonsufficient funds shall be transferred to the state lottery | 27401 |
fund, which is hereby created in the state treasury. All | 27402 |
investment earnings of the fund shall be credited to the fund. | 27403 |
Moneys shall be disbursed from the
| 27404 |
vouchers approved by the director
| 27405 |
Total disbursements for monetary prize awards to holders of | 27406 |
winning lottery tickets and purchases of goods and services | 27407 |
awarded as prizes to holders of winning lottery tickets shall be | 27408 |
of an amount equal to at least fifty per cent of the total revenue | 27409 |
accruing from the sale of lottery tickets. | 27410 |
(B) Pursuant to Section 6 of Article XV, Ohio Constitution, | 27411 |
there is hereby established in the state treasury the lottery | 27412 |
profits education fund. Whenever, in the judgment of the director | 27413 |
of budget and management, the amount to the credit of the state | 27414 |
lottery fund is in excess of that needed to meet the maturing | 27415 |
obligations of the commission and as working capital for its | 27416 |
further operations, the director shall transfer the excess to the | 27417 |
lottery profits education fund | 27418 |
27419 | |
27420 | |
27421 | |
profits education fund shall be credited to the fund. There shall | 27422 |
also be credited to the fund any repayments of moneys loaned from | 27423 |
the educational excellence investment fund. The lottery profits | 27424 |
education fund shall be used solely for the support of elementary, | 27425 |
secondary, vocational, and special education programs as | 27426 |
determined in appropriations made by the general assembly, or as | 27427 |
provided in applicable bond proceedings for the payment of debt | 27428 |
service on obligations issued to pay costs of capital facilities, | 27429 |
including those for a system of common schools throughout the | 27430 |
state pursuant to section 2n of Article VIII, Ohio Constitution. | 27431 |
When determining the availability of money in the lottery profits | 27432 |
education fund, the director of budget and management may consider | 27433 |
all balances and estimated revenues of the fund. | 27434 |
From the amounts that the director of budget and management | 27435 |
transfers in any fiscal year from the state lottery fund to the | 27436 |
lottery profits education fund, the director shall transfer the | 27437 |
initial ten million dollars of
| 27438 |
profits education fund to the school building program bond service | 27439 |
fund created in division (Q) of section 3318.26 of the Revised | 27440 |
Code to be pledged for the purpose of paying bond service charges | 27441 |
as defined in division (C) of section 3318.21 of the Revised Code | 27442 |
on one or more issuances of obligations, which obligations are | 27443 |
issued to provide moneys for the school building program | 27444 |
assistance fund created in section 3318.25 of the Revised Code. | 27445 |
(C) There is hereby established in the state treasury the | 27446 |
deferred prizes trust fund. With the approval of the director of | 27447 |
budget and management, an amount sufficient to fund annuity prizes | 27448 |
shall be transferred from the state lottery fund and credited to | 27449 |
the trust fund. The treasurer of state shall credit all earnings | 27450 |
arising from investments purchased under this division to the | 27451 |
fund. Within sixty days after the end of each fiscal year, the | 27452 |
director of budget and management shall certify the amount of | 27453 |
investment earnings necessary to have been credited to the trust | 27454 |
fund during the fiscal year just ending to provide for continued | 27455 |
funding of deferred prizes. Any earnings credited in excess of | 27456 |
this certified amount shall be transferred to the lottery profits | 27457 |
education fund. To provide all or a part of the amounts necessary | 27458 |
to fund deferred prizes awarded by the commission, the treasurer | 27459 |
of state, in consultation with the commission, may invest moneys | 27460 |
contained in the deferred prizes trust fund in obligations of the | 27461 |
type permitted for the investment of state funds but whose | 27462 |
maturities are thirty years or less. Investments of the deferred | 27463 |
prizes trust fund are not subject to the provisions of division | 27464 |
(A)(10) of section 135.143 of the Revised Code limiting to five | 27465 |
per cent the amount of the state's total average portfolio that | 27466 |
may be invested in debt interests and limiting to one-half of one | 27467 |
per cent the amount that may be invested in debt interests of a | 27468 |
single issuer. | 27469 |
All purchases made under this division shall be effected on a | 27470 |
delivery versus payment method and shall be in the custody of the | 27471 |
treasurer of state. | 27472 |
The treasurer of state may retain an investment advisor, if | 27473 |
necessary. The commission shall pay any costs incurred by the | 27474 |
treasurer of state in retaining an investment advisor. | 27475 |
(D) The auditor of state shall conduct annual audits of all | 27476 |
funds and
| 27477 |
general assembly considers necessary. The auditor of state may | 27478 |
examine all records, files, and other documents of the commission, | 27479 |
and
| 27480 |
activities as agents, for purposes of conducting authorized | 27481 |
audits. | 27482 |
The state lottery commission shall establish an internal | 27483 |
audit program before the beginning of each fiscal year, subject to | 27484 |
the approval of the auditor of state. At the end of each fiscal | 27485 |
year, the commission shall prepare and submit an annual report to | 27486 |
the auditor of state for the auditor of state's review and | 27487 |
approval, specifying the internal audit work completed by the end | 27488 |
of that fiscal year and reporting on compliance with the annual | 27489 |
internal audit program. The form and content of the report shall | 27490 |
be prescribed by the auditor of state under division (C) of | 27491 |
section 117.20 of the Revised Code. | 27492 |
(E) Whenever, in the judgment of the director of budget and | 27493 |
management, an amount of net state lottery proceeds is necessary | 27494 |
to be applied to the payment of debt service on obligations, all | 27495 |
as defined in sections 151.01 and 151.03 of the Revised Code, the | 27496 |
director shall transfer that amount directly from the state | 27497 |
lottery fund or from the lottery profits education fund to the | 27498 |
bond service fund defined in those sections. The provisions of | 27499 |
this division
| 27500 |
or obligation of those amounts to the payment of bond service | 27501 |
charges as defined in division (C) of section 3318.21 of the | 27502 |
Revised Code, as referred to in division (B) of this section. | 27503 |
Sec. 3793.04. The department of alcohol and drug addiction | 27504 |
services shall develop, administer, and revise as necessary a | 27505 |
comprehensive statewide alcohol and drug addiction services plan | 27506 |
for the implementation of this chapter. The plan shall emphasize | 27507 |
abstinence from the use of alcohol and drugs of abuse as the | 27508 |
primary goal of alcohol and drug addiction services. The council | 27509 |
on alcohol and drug addiction services shall advise the department | 27510 |
in the development and implementation of the plan. | 27511 |
The plan shall provide for the allocation of state and | 27512 |
federal funds for service furnished by alcohol and drug addiction | 27513 |
programs under contract with boards of alcohol, drug addiction, | 27514 |
and mental health services and for distribution of the funds to | 27515 |
such boards. The plan shall specify the methodology that the | 27516 |
department will use for determining how funds will be allocated | 27517 |
and distributed. A portion of the funds shall be allocated on the | 27518 |
basis of the ratio of the population of each alcohol, drug | 27519 |
addiction, and mental health service district to the total | 27520 |
population of the state
| 27521 |
that basis for a fiscal year shall be not less than the average of | 27522 |
the amount that was allocated on that basis the three previous | 27523 |
fiscal years. The ratio shall be determined from the most recent | 27524 |
federal census or the most recent official estimate made by the | 27525 |
United States census bureau, whichever is more recent. | 27526 |
The plan shall ensure that alcohol and drug addiction | 27527 |
services of a high quality are accessible to, and responsive to | 27528 |
the needs of, all persons, especially those who are members of | 27529 |
underserved groups, including, but not limited to, African | 27530 |
Americans, Hispanics, native Americans, Asians, juvenile and adult | 27531 |
offenders, women, and persons with special services needs due to | 27532 |
age or disability. The plan shall include a program to promote | 27533 |
and protect the rights of those who receive services. | 27534 |
To aid in formulating the plan and in evaluating the | 27535 |
effectiveness and results of alcohol and drug addiction services, | 27536 |
the department, in consultation with the department of mental | 27537 |
health, shall establish and maintain an information system. The | 27538 |
department of alcohol and drug addiction services shall specify | 27539 |
the information that must be provided by boards of alcohol, drug | 27540 |
addiction, and mental health services and by alcohol and drug | 27541 |
addiction programs for inclusion in the system. The department | 27542 |
shall not collect any information for the purpose of identifying | 27543 |
by name any person who receives a service through a board, except | 27544 |
as required by the state or federal law to validate appropriate | 27545 |
reimbursement. | 27546 |
In consultation with boards, programs, and persons receiving | 27547 |
services, the department shall establish guidelines for the use of | 27548 |
state and federal funds and for the boards' development of plans | 27549 |
for services required by sections 340.033 and 3793.05 of the | 27550 |
Revised Code. | 27551 |
In any fiscal year, the department shall spend, or allocate | 27552 |
to boards, for methadone maintenance programs or any similar | 27553 |
programs not more than eight per cent of the total amount | 27554 |
appropriated to the department for the fiscal year. | 27555 |
Sec. 3902.23. Beginning one hundred eighty days after rules | 27556 |
adopted under section 3902.22 of the Revised Code take effect, no | 27557 |
third-party payer shall fail to use the standard claim form and | 27558 |
proof of loss prescribed in those
rules | 27559 |
27560 |
Sec. 3923.28. (A) Every policy of group sickness and | 27561 |
accident insurance providing hospital, surgical, or medical | 27562 |
expense coverage for other than specific diseases or accidents | 27563 |
only, and delivered, issued for delivery, or renewed in this state | 27564 |
on or after January 1, 1979, and that provides coverage for mental | 27565 |
or emotional disorders, shall provide benefits for services on an | 27566 |
outpatient basis for each eligible person under the policy who | 27567 |
resides in this state for mental or emotional disorders, or for | 27568 |
evaluations, that are at least equal to five hundred fifty dollars | 27569 |
in any calendar year or twelve-month period. The services shall | 27570 |
be legally performed by or under the clinical supervision of a | 27571 |
licensed physician or licensed psychologist, whether performed in | 27572 |
an office, in a hospital, or in a community mental health facility | 27573 |
so long as the hospital or community mental health facility is | 27574 |
approved by the joint commission on accreditation of healthcare | 27575 |
organizations, the council on accreditation for children and | 27576 |
family services, or
| 27577 |
27578 | |
27579 | |
accreditation of rehabilitation facilities. | 27580 |
(B) For purposes of this section "community mental health | 27581 |
facility" means a facility approved by a regional health planning | 27582 |
agency or a facility providing services under a board of alcohol, | 27583 |
drug addiction, and mental health services established under | 27584 |
Chapter 340. of the Revised Code, except that where a board | 27585 |
provides direct community mental health service, the approval of | 27586 |
such a board, as to the adequacy of a specific program of such | 27587 |
services that it provides as a community mental health facility | 27588 |
shall be by the director of mental health. | 27589 |
(C) Outpatient benefits offered under division (A) of this | 27590 |
section shall be subject to reasonable contract limitations and | 27591 |
may be subject to reasonable deductibles and co-insurance costs. | 27592 |
Persons entitled to such benefit under more than one service or | 27593 |
insurance contract may be limited to a single | 27594 |
five-hundred-fifty-dollar outpatient benefit for services under | 27595 |
all contracts. | 27596 |
(D) In order to qualify for participation under division (A) | 27597 |
of this section, every facility specified in such division shall | 27598 |
have in effect a plan for utilization review and a plan for peer | 27599 |
review and every person specified in such division shall have in | 27600 |
effect a plan for peer review. Such plans shall have the purpose | 27601 |
of ensuring high quality patient care and effective and efficient | 27602 |
utilization of available health facilities and services. | 27603 |
(E) Nothing in this section shall be construed to require an | 27604 |
insurer to pay benefits which are greater than usual, customary, | 27605 |
and reasonable. | 27606 |
(F)(1) Services performed under the clinical supervision of | 27607 |
a licensed physician or licensed psychologist, in order to be | 27608 |
reimbursable under the coverage required in division (A) of this | 27609 |
section, shall meet both of the following requirements: | 27610 |
(a) The services shall be performed in accordance with a | 27611 |
treatment plan that describes the expected duration, frequency, | 27612 |
and type of services to be performed; | 27613 |
(b) The plan shall be reviewed and approved by a licensed | 27614 |
physician or licensed psychologist every three months. | 27615 |
(2) Payment of benefits for services reimbursable under | 27616 |
division (F)(1) of this section shall not be restricted to | 27617 |
services described in the treatment plan or conditioned upon | 27618 |
standards of clinical supervision that are more restrictive than | 27619 |
standards of a licensed physician or licensed psychologist, which | 27620 |
at least equal the requirements of division (F)(1) of this | 27621 |
section. | 27622 |
Sec. 3923.30. Every person, the state and any of its | 27623 |
instrumentalities, any county, township, school district, or other | 27624 |
political subdivisions and any of its instrumentalities, and any | 27625 |
municipal corporation and any of its instrumentalities, which | 27626 |
provides payment for health care benefits for any of its employees | 27627 |
resident in this state, which benefits are not provided by | 27628 |
contract with an insurer qualified to provide sickness and | 27629 |
accident insurance, or a health insuring corporation, shall | 27630 |
include the following benefits in its plan of health care benefits | 27631 |
commencing on or after January 1, 1979: | 27632 |
(A) If such plan of health care benefits provides payment | 27633 |
for the treatment of mental or nervous disorders, then such plan | 27634 |
shall provide benefits for services on an outpatient basis for | 27635 |
each eligible employee and dependent for mental or emotional | 27636 |
disorders, or for evaluations, that are at least equal to the | 27637 |
following: | 27638 |
(1) Payments not less than five hundred fifty dollars in a | 27639 |
twelve-month period, for services legally performed by or under | 27640 |
the clinical supervision of a licensed physician or a licensed | 27641 |
psychologist, whether performed in an office, in a hospital, or in | 27642 |
a community mental health facility so long as the hospital or | 27643 |
community mental health facility is approved by the joint | 27644 |
commission on accreditation of
| 27645 |
27646 | |
27647 | |
27648 | |
children and family services, or the commission on accreditation | 27649 |
of rehabilitation facilities; | 27650 |
(2) Such benefit shall be subject to reasonable limitations, | 27651 |
and may be subject to reasonable deductibles and co-insurance | 27652 |
costs. | 27653 |
(3) In order to qualify for participation under this | 27654 |
division, every facility specified in this division shall have in | 27655 |
effect a plan for utilization review and a plan for peer review | 27656 |
and every person specified in this division shall have in effect a | 27657 |
plan for peer review. Such plans shall have the purpose of | 27658 |
ensuring high quality patient care and effective and efficient | 27659 |
utilization of available health facilities and services. | 27660 |
(4) Such payment for benefits shall not be greater than | 27661 |
usual, customary, and reasonable. | 27662 |
(5) For purposes of this division, "community mental health | 27663 |
facility" means a facility as defined in section 3923.28 of the | 27664 |
Revised Code. | 27665 |
(6)(a) Services performed under the clinical supervision of | 27666 |
a licensed physician or licensed psychologist, in order to be | 27667 |
reimbursable under the coverage required in division (A) of this | 27668 |
section, shall meet both of the following requirements: | 27669 |
(i) The services shall be performed in accordance with a | 27670 |
treatment plan that describes the expected duration, frequency, | 27671 |
and type of services to be performed; | 27672 |
(ii) The plan shall be reviewed and approved by a licensed | 27673 |
physician or licensed psychologist every three months. | 27674 |
(b) Payment of benefits for services reimbursable under | 27675 |
division (A)(6)(a) of the section shall not be restricted to | 27676 |
services described in the treatment plan or conditioned upon | 27677 |
standards of a licensed physician or licensed psychologist, which | 27678 |
at least equal the requirements of division (A)(6)(a) of this | 27679 |
section. | 27680 |
(B) Payment for benefits for alcoholism treatment for | 27681 |
outpatient, inpatient, and intermediate primary care for each | 27682 |
eligible employee and dependent that are at least equal to the | 27683 |
following: | 27684 |
(1) Payments not less than five hundred fifty dollars in a | 27685 |
twelve-month period for services legally performed by or under the | 27686 |
clinical supervision of a licensed physician or licensed | 27687 |
psychologist, whether performed in an office, or in a hospital or | 27688 |
a community mental health facility or alcoholism treatment | 27689 |
facility so long as the hospital, community mental health | 27690 |
facility, or alcoholism treatment facility is approved by the | 27691 |
joint commission on accreditation of hospitals or certified by the | 27692 |
department of health; | 27693 |
(2) The benefits provided under this division shall be | 27694 |
subject to reasonable limitations and may be subject to reasonable | 27695 |
deductibles and co-insurance costs. | 27696 |
(3) A licensed physician or licensed psychologist shall | 27697 |
every three months certify a patient's need for continued services | 27698 |
performed by such facilities. | 27699 |
(4) In order to qualify for participation under this | 27700 |
division, every facility specified in this division shall have in | 27701 |
effect a plan for utilization review and a plan for peer review | 27702 |
and every person specified in this division shall have in effect a | 27703 |
plan for peer review. Such plans shall have the purpose of | 27704 |
ensuring high quality patient care and efficient utilization of | 27705 |
available health facilities and services. Such person or | 27706 |
facilities shall also have in effect a program of rehabilitation | 27707 |
or a program of rehabilitation and detoxification. | 27708 |
(5) Nothing in this section shall be construed to require | 27709 |
reimbursement for benefits which is greater than usual, customary, | 27710 |
and reasonable. | 27711 |
Sec. 4105.17. (A) The fee for any inspection, or attempted | 27712 |
inspection that, due to no fault of a general inspector or the | 27713 |
division of industrial compliance, is not successfully completed, | 27714 |
by a general inspector of an elevator required to be inspected | 27715 |
under this chapter is thirty dollars plus five dollars for each | 27716 |
floor where the elevator stops. The superintendent of the | 27717 |
division of industrial
compliance may assess a fee of
| 27718 |
hundred twenty-five dollars plus five dollars for each floor where | 27719 |
an elevator stops for the reinspection of an elevator when a | 27720 |
previous attempt to inspect that elevator has been unsuccessful | 27721 |
through no fault of a general inspector or the division of | 27722 |
industrial compliance. The fee for issuing or renewing a | 27723 |
certificate of operation under section 4105.15 of the Revised Code | 27724 |
is thirty-five dollars. | 27725 |
(B) All other fees to be charged for any examination given | 27726 |
or other service performed by the division of industrial | 27727 |
compliance pursuant to this chapter shall be prescribed by the | 27728 |
board of building standards established by section 3781.07 of the | 27729 |
Revised Code. The fees shall be reasonably related to the costs | 27730 |
of such examination or other service. | 27731 |
(C) The board of building standards, subject to the approval | 27732 |
of the controlling board, may establish fees in excess of the fees | 27733 |
provided in division (A) of this section, provided that the fees | 27734 |
do not exceed the amounts established in division (A) of this | 27735 |
section by more than fifty per cent. Any moneys collected under | 27736 |
this section shall be paid into the state treasury to the credit | 27737 |
of the industrial compliance operating fund created in section | 27738 |
121.084 of the Revised Code. | 27739 |
(D) Any person who fails to pay an inspection fee required | 27740 |
for any inspection conducted by the division pursuant to this | 27741 |
chapter within forty-five days after the inspection is conducted | 27742 |
shall pay a late payment fee equal to twenty-five per cent of the | 27743 |
inspection fee. | 27744 |
(E) In addition to the fee assessed in division (A) of this | 27745 |
section, the board of building standards shall assess a fee of | 27746 |
three dollars and twenty-five cents for each certificate of | 27747 |
operation or renewal thereof issued under division (A) of this | 27748 |
section and for each permit issued under section 4105.16 of the | 27749 |
Revised Code. The board shall adopt rules, in accordance with | 27750 |
Chapter 119. of the Revised Code, specifying the manner by which | 27751 |
the superintendent of the division of industrial compliance shall | 27752 |
collect and remit to the board the fees assessed under this | 27753 |
division and requiring that remittance of the fees be made at | 27754 |
least quarterly. | 27755 |
Sec. 4115.10. (A) No person, firm, corporation, or public | 27756 |
authority that constructs a public improvement with its own | 27757 |
forces, the total overall project cost of which is fairly | 27758 |
estimated to be more than the amounts set forth in division (B)(1) | 27759 |
or (2) of section 4115.03 of the Revised Code, adjusted biennially | 27760 |
by the director of commerce pursuant to section 4115.034 of the | 27761 |
Revised Code, shall violate the wage provisions of sections | 27762 |
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or | 27763 |
require any employee to work for less than the rate of wages so | 27764 |
fixed, or violate the provisions of section 4115.07 of the Revised | 27765 |
Code. Any employee upon any public improvement, except an | 27766 |
employee to whom or on behalf of whom restitution is made pursuant | 27767 |
to division (C) of section 4115.13 of the Revised Code, who is | 27768 |
paid less than the fixed rate of wages applicable thereto may | 27769 |
recover from such person, firm, corporation, or public authority | 27770 |
that constructs a public improvement with its own forces the | 27771 |
difference between the fixed rate of wages and the amount paid to | 27772 |
the employee and in addition thereto a sum equal to twenty-five | 27773 |
per cent of that difference. The person, firm, corporation, or | 27774 |
public authority who fails to pay the rate of wages so fixed also | 27775 |
shall pay a penalty to the director of seventy-five per cent of | 27776 |
the difference between the fixed rate of wages and the amount paid | 27777 |
to the employees on the public improvement. The director shall | 27778 |
deposit all moneys received from penalties paid to the director | 27779 |
pursuant to this section into the penalty enforcement fund, which | 27780 |
is hereby created | 27781 |
27782 | |
state treasury. The director shall use the fund for the | 27783 |
enforcement of sections 4115.03 to 4115.16 of the Revised Code. | 27784 |
The employee may file suit for recovery within sixty days of the | 27785 |
director's determination of a violation of sections 4115.03 to | 27786 |
4115.16 of the Revised Code or is barred from further action under | 27787 |
this division. Where the employee prevails in a suit, the | 27788 |
employer shall pay the costs and reasonable attorney's fees | 27789 |
allowed by the court. | 27790 |
(B) Any employee upon any public improvement who is paid | 27791 |
less than the prevailing rate of wages applicable thereto may file | 27792 |
a complaint in writing with the director upon a form furnished by | 27793 |
the director. At the written request of any employee paid less | 27794 |
than the prevailing rate of wages applicable, the director shall | 27795 |
take an assignment of a claim in trust for the assigning employee | 27796 |
and bring any legal action necessary to collect the claim. The | 27797 |
employer shall pay the costs and reasonable attorney's fees | 27798 |
allowed by the court if the employer is found in violation of | 27799 |
sections 4115.03 to 4115.16 of the Revised Code. | 27800 |
(C) If after investigation pursuant to section 4115.13 of | 27801 |
the Revised Code, the director determines there is a violation of | 27802 |
sections 4115.03 to 4115.16 of the Revised Code and a period of | 27803 |
sixty days has elapsed from the date of the determination, and if: | 27804 |
(1) No employee has brought suit pursuant to division (A) of | 27805 |
this section; | 27806 |
(2) No employee has requested that the director take an | 27807 |
assignment of a wage claim pursuant to division (B) of this | 27808 |
section; | 27809 |
The director shall bring any legal action necessary to | 27810 |
collect any amounts owed to employees and the
| 27811 |
director shall pay over to the affected employees the amounts | 27812 |
collected to which the affected employees are entitled under | 27813 |
division (A) of this section. In any action in which the director | 27814 |
prevails, the employer shall pay the costs and reasonable | 27815 |
attorney's fees allowed by the court. | 27816 |
(D) Where persons are employed and their rate of wages has | 27817 |
been determined as provided in section 4115.04 of the Revised | 27818 |
Code, no person, either for self or any other person, shall | 27819 |
request, demand, or receive, either before or after the person is | 27820 |
engaged, that the person so engaged pay back, return, donate, | 27821 |
contribute, or give any part or all of the person's wages, salary, | 27822 |
or thing of value, to any person, upon the statement, | 27823 |
representation, or understanding that failure to comply with such | 27824 |
request or demand will prevent the procuring or retaining of | 27825 |
employment, and no person shall, directly or indirectly, aid, | 27826 |
request, or authorize any other person to violate this section. | 27827 |
This division does not apply to any agent or representative of a | 27828 |
duly constituted labor organization acting in the collection of | 27829 |
dues or assessments of such organization. | 27830 |
(E) The director shall enforce sections 4115.03 to 4115.16 | 27831 |
of the Revised Code. | 27832 |
(F) For the purpose of supplementing existing resources and | 27833 |
to assist in enforcing division (E) of this section, the director | 27834 |
may contract with a person registered as a public accountant under | 27835 |
Chapter 4701. of the Revised Code to conduct an audit of a person, | 27836 |
firm, corporation, or public authority. | 27837 |
Sec. 4117.102. The state employment relations board shall | 27838 |
compile a list of the school districts in the state that have | 27839 |
filed with the board agreements entered into with teacher employee | 27840 |
organizations under this chapter. The board shall annually update | 27841 |
the list to reflect, for each district, for the current fiscal | 27842 |
year, the starting salary in the district for teachers with no | 27843 |
prior teaching experience who hold bachelors degrees. The board | 27844 |
shall send a copy of each annually updated list to the state board | 27845 |
of education. | 27846 |
Sec. 4121.44. (A) The administrator of workers' | 27847 |
compensation shall oversee the implementation of the Ohio workers' | 27848 |
compensation qualified health plan system as established under | 27849 |
section 4121.442 of the Revised Code. | 27850 |
(B) The administrator shall direct the implementation of the | 27851 |
health partnership program administered by the bureau as set forth | 27852 |
in section 4121.441 of the Revised Code. To implement the health | 27853 |
partnership program, the bureau: | 27854 |
(1) Shall certify one or more external vendors, which shall | 27855 |
be known as "managed care organizations," to provide medical | 27856 |
management and cost containment services in the health partnership | 27857 |
program for a period of two years beginning on the date of | 27858 |
certification, consistent with the standards established under | 27859 |
this section; | 27860 |
(2) May recertify external vendors for additional periods of | 27861 |
two years; and | 27862 |
(3) May integrate the certified vendors with bureau staff | 27863 |
and existing bureau services for purposes of operation and | 27864 |
training to allow the bureau to assume operation of the health | 27865 |
partnership program at the conclusion of the certification periods | 27866 |
set forth in division (B)(1) or (2) of this section. | 27867 |
(C) Any vendor selected shall demonstrate all of the | 27868 |
following: | 27869 |
(1) Arrangements and reimbursement agreements with a | 27870 |
substantial number of the medical, professional and pharmacy | 27871 |
providers currently being utilized by claimants. | 27872 |
(2) Ability to accept a common format of medical bill data | 27873 |
in an electronic fashion from any provider who wishes to submit | 27874 |
medical bill data in that form. | 27875 |
(3) A computer system able to handle the volume of medical | 27876 |
bills and willingness to customize that system to the bureau's | 27877 |
needs and to be operated by the vendor's staff, bureau staff, or | 27878 |
some combination of both staffs. | 27879 |
(4) A prescription drug system where pharmacies on a | 27880 |
statewide basis have access to the eligibility and pricing, at a | 27881 |
discounted rate, of all prescription drugs. | 27882 |
(5) A tracking system to record all telephone calls from | 27883 |
claimants and providers regarding the status of submitted medical | 27884 |
bills so as to be able to track each inquiry. | 27885 |
(6) Data processing capacity to absorb all of the bureau's | 27886 |
medical bill processing or at least that part of the processing | 27887 |
which the bureau arranges to delegate. | 27888 |
(7) Capacity to store, retrieve, array, simulate, and model | 27889 |
in a relational mode all of the detailed medical bill data so that | 27890 |
analysis can be performed in a variety of ways and so that the | 27891 |
bureau and its governing authority can make informed decisions. | 27892 |
(8) Wide variety of software programs which translate | 27893 |
medical terminology into standard codes, and which reveal if a | 27894 |
provider is manipulating the procedures codes, commonly called | 27895 |
"unbundling." | 27896 |
(9) Necessary professional staff to conduct, at a minimum, | 27897 |
authorizations for treatment, medical necessity, utilization | 27898 |
review, concurrent review, post-utilization review, and have the | 27899 |
attendant computer system which supports such activity and | 27900 |
measures the outcomes and the savings. | 27901 |
(10) Management experience and flexibility to be able to | 27902 |
react quickly to the needs of the bureau in the case of required | 27903 |
change in federal or state requirements. | 27904 |
(D)(1) Information contained in a vendor's application for | 27905 |
certification in the health partnership program, and other | 27906 |
information furnished to the bureau by a vendor for purposes of | 27907 |
obtaining certification or to comply with performance and | 27908 |
financial auditing requirements established by the adminstrator, | 27909 |
is for the exclusive use and information of the bureau in the | 27910 |
discharge of its official duties, and shall not be open to the | 27911 |
public or be used in any court in any proceeding pending therein, | 27912 |
unless the bureau is a party to the action or proceeding, but the | 27913 |
information may be tabulated and published by the bureau in | 27914 |
statistical form for the use and information of other state | 27915 |
departments and the public. No employee of the bureau, except as | 27916 |
otherwise authorized by the administrator, shall divulge any | 27917 |
information secured by the employee while in the employ of the | 27918 |
bureau in respect to a vendor's application for certification or | 27919 |
in respect to the business or other trade processes of any vendor | 27920 |
to any person other than the administrator or to the employee's | 27921 |
superior. | 27922 |
(2) Notwithstanding the restrictions imposed by division | 27923 |
(D)(1) of this section, the governor, members of select or | 27924 |
standing committees of the senate or house of representatives, the | 27925 |
auditor of state, the attorney general, or their designees, | 27926 |
pursuant to the authority granted in this chapter and Chapter | 27927 |
4123. of the Revised Code, may examine any vendor application or | 27928 |
other information furnished to the bureau by the vendor. None of | 27929 |
those individuals shall divulge any information secured in the | 27930 |
exercise of that authority in respect to a vendor's application | 27931 |
for certification or in respect to the business or other trade | 27932 |
processes of any vendor to any person. | 27933 |
(E) On and after January 1, 2001, a vendor shall not be any | 27934 |
insurance company holding a certificate of authority issued | 27935 |
pursuant to Title XXXIX of the Revised Code or any health insuring | 27936 |
corporation holding a certificate of authority under Chapter 1751. | 27937 |
of the Revised Code. | 27938 |
(F) The administrator may limit freedom of choice of health | 27939 |
care provider or supplier by requiring, beginning with the period | 27940 |
set forth in division (B)(1) or (2) of this section, that | 27941 |
claimants shall pay an appropriate out-of-plan copayment for | 27942 |
selecting a medical provider not within the health partnership | 27943 |
program as provided for in this section. | 27944 |
(G) The administrator, six months prior to the expiration of | 27945 |
the bureau's certification or recertification of the vendor or | 27946 |
vendors as set forth in division (B)(1) or (2) of this section, | 27947 |
may certify and provide evidence to the governor, the speaker of | 27948 |
the house of representatives, and the president of the senate that | 27949 |
the existing bureau staff is able to match or exceed the | 27950 |
performance and outcomes of the external vendor or vendors and | 27951 |
that the bureau should be permitted to internally administer the | 27952 |
health partnership program upon the expiration of the | 27953 |
certification or recertification as set forth in division (B)(1) | 27954 |
or (2) of this section. | 27955 |
(H) The administrator shall establish and operate a bureau | 27956 |
of workers'
compensation health care
data program.
| 27957 |
27958 | |
27959 | |
requirements from all employees, employers and medical providers, | 27960 |
medical vendors, and plans that participate in the workers' | 27961 |
compensation system. The administrator shall do all of the | 27962 |
following: | 27963 |
(1) Utilize the collected data to measure and perform | 27964 |
comparison analyses of costs, quality, appropriateness of medical | 27965 |
care, and effectiveness of medical care delivered by all | 27966 |
components of the workers' compensation system. | 27967 |
(2) Compile data to support activities of the selected | 27968 |
vendor or vendors and to measure the outcomes and savings of the | 27969 |
health partnership program. | 27970 |
(3) Publish and report compiled data to the governor, the | 27971 |
speaker of the house of representatives, and the president of the | 27972 |
senate on the first day of each January and July, the measures of | 27973 |
outcomes and savings of the health partnership program and the | 27974 |
qualified health plan system. The administrator shall protect the | 27975 |
confidentiality of all proprietary pricing data. | 27976 |
(I) Any rehabilitation facility the bureau operates is | 27977 |
eligible for inclusion in the Ohio workers' compensation qualified | 27978 |
health plan system or the health partnership program under the | 27979 |
same terms as other providers within health care plans or the | 27980 |
program. | 27981 |
(J) In areas outside the state or within the state where no | 27982 |
qualified health plan or an inadequate number of providers within | 27983 |
the health partnership program exist, the administrator shall | 27984 |
permit employees to use a nonplan or nonprogram health care | 27985 |
provider and shall pay the provider for the services or supplies | 27986 |
provided to or on behalf of an employee for an injury or | 27987 |
occupational disease that is compensable under this chapter or | 27988 |
Chapter 4123., 4127., or 4131. of the Revised Code on a fee | 27989 |
schedule the administrator adopts. | 27990 |
(K) No certified health care provider shall charge, assess, | 27991 |
or otherwise attempt to collect from an employee, employer, a | 27992 |
managed care organization, or the bureau any amount for covered | 27993 |
services or supplies that is in excess of the allowed amount paid | 27994 |
by a managed care organization, the bureau, or a qualified health | 27995 |
plan. | 27996 |
(L) The administrator shall permit any employer or group of | 27997 |
employers who agree to abide by the rules adopted under this | 27998 |
section and sections 4121.441 and 4121.442 of the Revised Code to | 27999 |
provide services or supplies to or on behalf of an employee for an | 28000 |
injury or occupational disease that is compensable under this | 28001 |
chapter or Chapter 4123., 4127., or 4131. of the Revised Code | 28002 |
through qualified health plans of the Ohio workers' compensation | 28003 |
qualified health plan system pursuant to section 4121.442 of the | 28004 |
Revised Code or through the health partnership program pursuant to | 28005 |
section 4121.441 of the Revised Code. No amount paid under the | 28006 |
qualified health plan system pursuant to section 4121.442 of the | 28007 |
Revised Code by an employer who is a state fund employer shall be | 28008 |
charged to the employer's experience or otherwise be used in | 28009 |
merit-rating or determining the risk of that employer for the | 28010 |
purpose of the payment of premiums under this chapter, and if the | 28011 |
employer is a self-insuring employer, the employer shall not | 28012 |
include that amount in the paid compensation the employer reports | 28013 |
under section 4123.35 of the Revised Code. | 28014 |
Sec. 4123.27. Information contained in the annual statement | 28015 |
provided for in section 4123.26 of the Revised Code, and such | 28016 |
other information as may be furnished to the bureau of workers' | 28017 |
compensation by employers in pursuance of that section, is for the | 28018 |
exclusive use and information of the bureau in the discharge of | 28019 |
its official duties, and shall not be open to the public nor be | 28020 |
used in any court in any action or proceeding pending therein | 28021 |
unless the bureau is a party to the action or proceeding; but the | 28022 |
information contained in the statement may be tabulated and | 28023 |
published by the bureau in statistical form for the use and | 28024 |
information of other state departments and the public. No person | 28025 |
in the employ of the bureau, except those who are authorized by | 28026 |
the administrator of workers' compensation, shall divulge any | 28027 |
information secured by the person while in the employ of the | 28028 |
bureau in respect to the transactions, property, claim files, | 28029 |
records, or papers of the bureau or in respect to the business or | 28030 |
mechanical, chemical, or other industrial process of any company, | 28031 |
firm, corporation, person, association, partnership, or public | 28032 |
utility to any person other than the administrator or to the | 28033 |
superior of such employee of the bureau. | 28034 |
Notwithstanding the restrictions imposed by this section, the | 28035 |
governor, select or standing committees of the general assembly, | 28036 |
the auditor of state, the attorney general, or their designees, | 28037 |
pursuant to the authority granted in this chapter and Chapter | 28038 |
4121. of the Revised Code, may examine any records, claim files, | 28039 |
or papers in possession of the industrial commission or the | 28040 |
bureau. They also are bound by the privilege that attaches to | 28041 |
these papers. | 28042 |
The administrator shall report to the director of job and | 28043 |
family services or to the county director of job and family | 28044 |
services the name, address, and social security number or other | 28045 |
identification number of any person receiving workers' | 28046 |
compensation whose name or social security number or other | 28047 |
identification number is the same as that of a person required by | 28048 |
a court or child support enforcement agency to provide support | 28049 |
payments to a recipient or participant of public assistance, and | 28050 |
whose name is submitted to the administrator by the director under | 28051 |
section 5101.36 of the Revised Code. The administrator also shall | 28052 |
inform the director of the amount of workers' compensation paid to | 28053 |
the person during such period as the director specifies. | 28054 |
Within fourteen days after receiving from the director of job | 28055 |
and family services a list of the names and social security | 28056 |
numbers of recipients or participants of public assistance | 28057 |
pursuant to section 5101.181 of the Revised Code, the | 28058 |
administrator shall inform the auditor of state of the name, | 28059 |
current or most recent address, and social security number of each | 28060 |
person receiving workers' compensation pursuant to this chapter | 28061 |
whose name and social security number are the same as that of a | 28062 |
person whose name or social security number was submitted by the | 28063 |
director. The administrator also shall inform the auditor of | 28064 |
state of the amount of workers' compensation paid to the person | 28065 |
during such period as the director specifies. | 28066 |
The bureau and its employees, except for purposes of | 28067 |
furnishing the auditor of state with information required by this | 28068 |
section, shall preserve the confidentiality of recipients or | 28069 |
participants of public assistance in compliance with division (A) | 28070 |
of section 5101.181 of the Revised Code. | 28071 |
For the purposes of this section, "public assistance" means | 28072 |
medical assistance provided through the medical assistance program | 28073 |
established under section 5111.01 of the Revised Code, Ohio works | 28074 |
first provided under Chapter 5107. of the Revised Code, | 28075 |
prevention, retention, and contingency
| 28076 |
services provided under Chapter 5108. of the Revised Code, or | 28077 |
disability assistance provided under Chapter 5115. of the Revised | 28078 |
Code. | 28079 |
Sec. 4301.12. The division of liquor control shall provide | 28080 |
for the custody, safekeeping, and deposit of all moneys, checks, | 28081 |
and drafts received by it or any of its employees or agents prior | 28082 |
to paying them to the treasurer of state as provided by section | 28083 |
113.08 of the Revised Code. | 28084 |
A sum equal to three dollars and thirty-eight cents for each | 28085 |
gallon of spirituous liquor sold by the division during the period | 28086 |
covered by the payment shall be paid into the state treasury to | 28087 |
the credit of the general revenue fund. All moneys received from | 28088 |
permit fees shall be paid to the credit of the undivided liquor | 28089 |
permit fund established by section 4301.30 of the Revised Code. | 28090 |
Except as otherwise provided by law, all moneys collected | 28091 |
under Chapters 4301. and 4303. of the Revised Code shall be paid | 28092 |
by the division into the state treasury to the credit of the | 28093 |
liquor control fund, which is hereby created. Amounts in the | 28094 |
liquor control fund may be used to pay the operating expenses of | 28095 |
the liquor control commission. | 28096 |
Whenever, in the judgment of the director of budget and | 28097 |
management, the amount in
| 28098 |
28099 | |
to meet the maturing obligations of the division, as working | 28100 |
capital
for its further operations
| 28101 |
expenses of the
commission, and
| 28102 |
testing program under section 3701.143 of the Revised Code, the | 28103 |
director shall transfer the
excess to the
| 28104 |
credit of the general revenue fund. | 28105 |
Sec. 4301.17. (A) Subject to local option as provided in | 28106 |
sections 4301.32 to 4301.40 of the Revised Code, five state liquor | 28107 |
stores or agencies may be established in each county. One | 28108 |
additional store may be established in any county for each thirty | 28109 |
thousand of population of
| 28110 |
thereof in excess of the first forty thousand, according to the | 28111 |
last preceding federal census. A person engaged in a mercantile | 28112 |
business may act as the agent for the division of liquor control | 28113 |
for the sale of spirituous liquor in a municipal corporation, in | 28114 |
the unincorporated area of a township of not less than two | 28115 |
thousand population, or in an area designated and approved as a | 28116 |
resort area under section 4303.262 of the Revised Code, provided | 28117 |
that not more than one agency contract shall be awarded in the | 28118 |
unincorporated area of a county for each fifty thousand population | 28119 |
of the county. The division shall fix the compensation for such | 28120 |
an agent
in
| 28121 |
the compensation shall not exceed seven per cent of the gross | 28122 |
sales made by
| 28123 |
Except as otherwise provided in this section, no mercantile | 28124 |
business that sells beer or intoxicating liquor for consumption on | 28125 |
the premises under a permit issued by the division shall operate | 28126 |
an agency store at
| 28127 |
An agency to which a D-1 permit has been issued may offer for sale | 28128 |
tasting samples of beer, an agency to which a D-2 permit has been | 28129 |
issued may offer for sale tasting samples of wine and mixed | 28130 |
beverages, and an agency to which a D-5 permit has been issued may | 28131 |
offer for sale tasting samples of beer, wine, and mixed beverages, | 28132 |
but not spirituous liquor. A tasting sample shall not be sold for | 28133 |
the purpose of general consumption. As used in this section, | 28134 |
"tasting sample" means a small amount of beer, wine, or mixed | 28135 |
beverages that is provided in not more than four servings of not | 28136 |
more than two ounces each to an authorized purchaser and that | 28137 |
allows the purchaser to determine, by tasting only, the quality | 28138 |
and character of the beverage. | 28139 |
(B) When an agency contract is proposed or when an existing | 28140 |
agency
contract is assigned, before entering into any
| 28141 |
contract or consenting to any assignment, the division shall | 28142 |
notify the legislative authority of the municipal corporation in | 28143 |
which the agency store is to be located, or the board of county | 28144 |
commissioners and the board of township trustees of the county and | 28145 |
the township in which the agency store is to be located if the | 28146 |
agency store is to be located outside the corporate limits of a | 28147 |
municipal corporation, of the proposed contract or assignment, and | 28148 |
an opportunity shall be provided officials or employees of the | 28149 |
municipal corporation or county and township for a complete | 28150 |
hearing upon the advisability of entering into the
| 28151 |
or consenting to the assignment. When the division sends notice | 28152 |
to the legislative authority of the political subdivision, the | 28153 |
department shall notify, by certified mail or by personal service, | 28154 |
the chief peace officer of the political subdivision, who may | 28155 |
appear and testify, either in person or through a representative, | 28156 |
at any hearing held on the advisability of entering into the | 28157 |
| 28158 |
| 28159 |
would be located within five hundred feet of a school, church, | 28160 |
library, public playground, or township park, the division shall | 28161 |
not enter into an agency contract until it has provided notice of | 28162 |
the proposed contract to the authorities in control of the school, | 28163 |
church, library, public playground, or township park and has | 28164 |
provided
| 28165 |
a complete hearing upon the advisability of entering into the | 28166 |
contract. If an agency store so located is operating under an | 28167 |
agency contract, the division may consent to the assignment of | 28168 |
that contract to operate an agency store at the same location, | 28169 |
| 28170 |
until it has notified the authorities in control of the school, | 28171 |
church, library, public playground, or township park and has | 28172 |
provided
| 28173 |
a complete hearing upon the advisability of consenting to the | 28174 |
assignment. | 28175 |
Any hearing provided for in this division shall be held in | 28176 |
the central office of the division, except that upon written | 28177 |
request of the legislative authority of the municipal corporation, | 28178 |
the board of county commissioners, or board of township trustees, | 28179 |
the hearing shall be held in the county seat of the county where | 28180 |
the proposed agency store is to be located. | 28181 |
(C) All agency contracts entered into by the division | 28182 |
pursuant to this section shall be in writing and shall contain a | 28183 |
clause providing for the termination of the contract at will by | 28184 |
the division upon its giving ninety days' notice in writing to | 28185 |
| 28186 |
include a clause requiring the agent to report to the appropriate | 28187 |
law enforcement agency the name and address of any individual | 28188 |
under twenty-one years of age who attempts to make an illegal | 28189 |
purchase. | 28190 |
An agent may engage in the selling of beer, mixed beverages, | 28191 |
and wine pursuant to permits issued to the agent under Chapter | 28192 |
4303. of the Revised Code. | 28193 |
The division shall issue a C-1 and C-2 permit to each agent | 28194 |
who prior to November 1, 1994, had not been issued both of these | 28195 |
permits, notwithstanding the population quota restrictions | 28196 |
contained in section 4303.29 of the Revised Code or in any rule of | 28197 |
the liquor control commission and notwithstanding the requirements | 28198 |
of section 4303.31 of the Revised Code. The location of a C-1 or | 28199 |
C-2 permit issued to such an agent shall not be transferred. The | 28200 |
division shall revoke any C-1 or C-2 permit issued to an agent | 28201 |
under this paragraph if the agent no longer operates an agency | 28202 |
store. | 28203 |
No person shall operate, or have any interest, directly or | 28204 |
indirectly, in more than
| 28205 |
county or
more than
| 28206 |
the sale of spirituous liquor. For purposes of this section, a | 28207 |
person has an interest in a state agency if the person is a | 28208 |
partner, member, officer, or director of, or a shareholder owning | 28209 |
ten per cent or more of the capital stock of, any legal entity | 28210 |
with which the department has entered into an agency contract. | 28211 |
The division may enter into agreements with the department of | 28212 |
development to implement a minority loan program to provide | 28213 |
low-interest loans to minority business enterprises, as defined in | 28214 |
section 122.71 of the Revised Code, that are awarded liquor agency | 28215 |
contracts or assignments. | 28216 |
(D) If the division closes a state liquor store and replaces | 28217 |
that store with an agency store, any employees of the division | 28218 |
employed at that state liquor store who lose their jobs at that | 28219 |
store as a result shall be given preference by the agent who | 28220 |
operates the agency store in filling any vacancies that occur | 28221 |
among the agent's employees, if
| 28222 |
conflict with the agent's obligations pursuant to a collective | 28223 |
bargaining agreement. | 28224 |
If the division closes a state liquor store and replaces the | 28225 |
store with an agency store, any employees of the division employed | 28226 |
at the state liquor store who lose their jobs at that store as a | 28227 |
result may displace other employees as provided in sections | 28228 |
124.321 to 124.328 of the Revised Code. If an employee cannot | 28229 |
displace other employees and is laid off, the employee shall be | 28230 |
reinstated in another job as provided in sections 124.321 to | 28231 |
124.328 of the Revised Code, except that the employee's rights of | 28232 |
reinstatement in a job at a state liquor store shall continue for | 28233 |
a period of two years after the date of the employee's layoff and | 28234 |
shall apply to jobs at state liquor stores located in the | 28235 |
employee's layoff jurisdiction and any layoff jurisdiction | 28236 |
adjacent to the employee's layoff jurisdiction. | 28237 |
(E) The division shall require every
| 28238 |
with surety to the satisfaction of the division, in
| 28239 |
amount
| 28240 |
performance of the agent's duties as prescribed by the division. | 28241 |
Sec. 4301.422. (A) Any person who makes sales of beer, | 28242 |
cider, wine, or mixed beverages to persons for resale at retail in | 28243 |
a county in which a tax has been enacted pursuant to section | 28244 |
4301.421 or 4301.424 of the Revised Code, and any manufacturer, | 28245 |
bottler, importer, or other person who makes sales at retail in | 28246 |
the county upon which the tax has not been paid, is liable for the | 28247 |
tax. Each person liable for the tax shall register with the tax | 28248 |
commissioner on a form prescribed by the commissioner and provide | 28249 |
whatever information the commissioner considers necessary. | 28250 |
(B) Each person liable for the tax shall file a return and | 28251 |
pay the tax to the
| 28252 |
day of the month following the month in which the sale occurred. | 28253 |
The return is considered to be filed when received by the | 28254 |
| 28255 |
prescribed by the commissioner, and no person filing such a return | 28256 |
shall fail to provide the information specified on the return. If | 28257 |
the return is filed and the amount of tax shown on the return to | 28258 |
be due is paid on or before the date the return is required to be | 28259 |
filed, the person required to file the return shall receive an | 28260 |
administrative fee of two and one-half per cent of that person's | 28261 |
total tax liability under section 4301.421 of the Revised Code for | 28262 |
the purpose of offsetting additional costs incurred in collecting | 28263 |
and remitting the tax. Any person required to file a return who | 28264 |
fails to file timely may be required to forfeit and pay into the | 28265 |
state treasury an amount not exceeding fifty dollars or ten per | 28266 |
cent of the tax due, whichever is greater, as revenue arising from | 28267 |
the tax. That amount may be collected by assessment in the manner | 28268 |
specified in sections 4305.13 and 4305.131 of the Revised Code. | 28269 |
(C) A tax levied pursuant to section 4301.421 or 4301.424 of | 28270 |
the Revised Code shall be administered by the tax commissioner. | 28271 |
The commissioner shall have all powers and authority incident to | 28272 |
such administration, including examination of records, audit, | 28273 |
refund, assessment, and seizure and forfeiture of untaxed | 28274 |
beverages. The procedures, rights, privileges, limitations, | 28275 |
prohibitions, responsibilities, and duties specified in sections | 28276 |
4301.48 to 4301.52, 4305.13, 4305.131, and 4307.01 to 4307.12 of | 28277 |
the Revised Code apply in the administration of the tax. | 28278 |
(D) Each person required to pay the tax levied pursuant to | 28279 |
section 4301.421 or 4301.424 of the Revised Code who sells beer, | 28280 |
cider, wine, or mixed beverages for resale at retail within a | 28281 |
county in which the tax is levied shall clearly mark on all | 28282 |
invoices, billings, and similar documents the amount of tax and | 28283 |
the name of the county in which the tax is levied. | 28284 |
(E) Each person required to pay the tax levied by section | 28285 |
4301.421 or 4301.424 of the Revised Code shall maintain complete | 28286 |
records of all sales for at least three years. The records shall | 28287 |
be open to inspection by the tax commissioner. | 28288 |
(F) All money collected by the tax commissioner under this | 28289 |
section shall be paid to the treasurer of state as revenue arising | 28290 |
from the tax imposed by section 4301.421 or 4301.424 of the | 28291 |
Revised Code. | 28292 |
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 28293 |
the Revised Code: | 28294 |
(1) "Gallon" or "wine gallon" means one hundred twenty-eight | 28295 |
fluid ounces. | 28296 |
(2) "Sale" or "sell" includes exchange, barter, gift, | 28297 |
distribution, and, except with respect to A-4 permit holders, | 28298 |
offer for sale. | 28299 |
(B) For the purposes of providing revenues for the support | 28300 |
of the state and encouraging the grape industries in the state, a | 28301 |
tax is hereby levied on the sale or distribution of wine in Ohio, | 28302 |
except for known sacramental purposes, at the rate of thirty cents | 28303 |
per wine gallon for wine containing not less than four per cent of | 28304 |
alcohol by volume and not more than fourteen per cent of alcohol | 28305 |
by volume, ninety-eight cents per wine gallon for wine containing | 28306 |
more than fourteen per cent but not more than twenty-one per cent | 28307 |
of alcohol by volume, one dollar and eight cents per wine gallon | 28308 |
for vermouth, and one dollar and forty-eight cents per wine gallon | 28309 |
for sparkling and carbonated wine and champagne, the tax to be | 28310 |
paid by the holders of A-2 and B-5 permits or by any other person | 28311 |
selling or distributing wine upon which no tax has been paid. From | 28312 |
the tax paid under this section on wine, vermouth, and sparkling | 28313 |
and carbonated wine and champagne, the treasurer of state shall | 28314 |
credit to the Ohio grape industries fund created under section | 28315 |
924.54 of the Revised Code a sum equal to one cent per gallon for | 28316 |
each gallon upon which the tax is paid. | 28317 |
(C) For the purpose of providing revenues for the support of | 28318 |
the state, there is hereby levied a tax on prepared and bottled | 28319 |
highballs, cocktails, cordials, and other mixed beverages at the | 28320 |
rate of one dollar and twenty cents per wine gallon to be paid by | 28321 |
holders of A-4 permits or by any other person selling or | 28322 |
distributing those products upon which no tax has been paid. Only | 28323 |
one sale of the same article shall be used in computing the amount | 28324 |
of tax due. The tax on mixed beverages to be paid by holders of | 28325 |
A-4 permits under this section shall not attach until the | 28326 |
ownership of the mixed beverage is transferred for valuable | 28327 |
consideration to a wholesaler or retailer, and no payment of the | 28328 |
tax shall be required prior to that time. | 28329 |
(D) During the period
| 28330 |
2001, through June 30, 2003, from the tax paid under this section | 28331 |
on wine, vermouth, and sparkling and carbonated wine and | 28332 |
champagne, the treasurer of state shall credit to the Ohio grape | 28333 |
industries fund created under section 924.54 of the Revised Code a | 28334 |
sum equal to two cents per gallon upon which the tax is paid. The | 28335 |
amount credited under this division is in addition to the amount | 28336 |
credited to the Ohio grape industries fund under division (B) of | 28337 |
this section. | 28338 |
(E) For the purpose of providing revenues for the support of | 28339 |
the state, there is hereby levied a tax on cider at the rate of | 28340 |
twenty-four cents per wine gallon to be paid by the holders of A-2 | 28341 |
and B-5 permits or by any other person selling or distributing | 28342 |
cider upon which no tax has been paid. Only one sale of the same | 28343 |
article shall be used in computing the amount of the tax due. | 28344 |
Sec. 4303.33. (A) Every A-1 permit holder in this state, | 28345 |
every bottler, importer, wholesale dealer, broker, producer, or | 28346 |
manufacturer of beer outside this state and within the United | 28347 |
States, and every B-1 permit holder and importer importing beer | 28348 |
from any manufacturer, bottler, person, or group of persons | 28349 |
however organized outside the United States for sale or | 28350 |
distribution for sale in this state, on or before the eighteenth | 28351 |
day of each month, shall make and file with
the
| 28352 |
tax commissioner upon a form prescribed by the tax commissioner an | 28353 |
advance tax payment in an amount estimated to equal the taxpayer's | 28354 |
tax liability for the month in which the advance tax payment is | 28355 |
made. If the advance tax payment credits claimed on the report are | 28356 |
for
advance tax payments received by
the
| 28357 |
commissioner on or before the eighteenth day of the month covered | 28358 |
by the report, the taxpayer is entitled to an additional credit of | 28359 |
three per cent of the advance tax payment and a discount of three | 28360 |
per cent shall be allowed the taxpayer at the time of filing the | 28361 |
report if filed as provided in division (B) of this section on any | 28362 |
amount by which the tax liability reflected in the report exceeds | 28363 |
the advance tax payment estimate by not more than ten per cent. | 28364 |
The additional three per cent credit and three per cent discount | 28365 |
shall be in consideration for advancing the payment of the tax and | 28366 |
other services performed by the permit holder and other taxpayers | 28367 |
in the
collection of the
tax.
| 28368 |
28369 | |
28370 | |
28371 | |
28372 |
"Advance tax payment credit" means credit for payments made | 28373 |
by an A-1 or B-1 permit holder and any other persons during the | 28374 |
period covered by a report which was made in anticipation of the | 28375 |
tax liability required to be reported on that report. | 28376 |
"Tax liability" as used in division (A) of this section means | 28377 |
the total gross tax liability of an A-1 or B-1 permit holder and | 28378 |
any other persons for the period covered by a report before any | 28379 |
allowance for credits and discount. | 28380 |
(B) Every A-1 permit holder in this state, every bottler, | 28381 |
importer, wholesale dealer, broker, producer, or manufacturer of | 28382 |
beer outside this state and within the United States, and every | 28383 |
B-1 permit holder importing beer from any manufacturer, bottler, | 28384 |
person, or group of persons however organized outside the United | 28385 |
States, on or before the tenth day of each month, shall make and | 28386 |
file a report for the preceding month upon a form prescribed by | 28387 |
the tax commissioner which report shall show the amount of beer | 28388 |
produced, sold, and distributed for sale in this state by the A-1 | 28389 |
permit holder, sold and distributed for sale in this state by each | 28390 |
manufacturer, bottler, importer, wholesale dealer, or broker | 28391 |
outside this state and within the United States, and the amount of | 28392 |
beer imported into this state from outside the United States and | 28393 |
sold and distributed for sale in this state by the B-1 permit | 28394 |
holder or importer. | 28395 |
The report shall be filed by
mailing it to the
| 28396 |
28397 | |
sections 4301.42 and 4305.01 of the Revised Code shown to be due | 28398 |
on the report after deduction of advance payment credits and any | 28399 |
additional credits or discounts provided for under this section. | 28400 |
| 28401 |
28402 | |
28403 | |
28404 |
(C) Every A-2 and A-4, B-2, B-3, B-4, and B-5 permit holder | 28405 |
in this state, on or before the eighteenth day of each month, | 28406 |
shall make and file a report with the
| 28407 |
commissioner upon a form prescribed by the tax commissioner which | 28408 |
report shall show, on the report of each A-2 and A-4 permit holder | 28409 |
the amount of wine, cider, and mixed beverages produced and sold, | 28410 |
or sold in this state by each such A-2 and A-4 permit holder for | 28411 |
the next preceding calendar month and such other information as | 28412 |
the tax commissioner requires, and on the report of each such B-2, | 28413 |
B-3, B-4, and B-5 permit holder the amount of wine, cider, and | 28414 |
mixed beverages purchased from an importer, broker, wholesale | 28415 |
dealer, producer, or manufacturer located outside this state and | 28416 |
sold and distributed in this state by such B-2, B-3, B-4, and B-5 | 28417 |
permit holder, for the next preceding calendar month and such | 28418 |
other information as the tax commissioner requires. | 28419 |
Every such A-2, A-4, B-2, B-3, B-4, and B-5 permit holder in | 28420 |
this state shall remit with the report the tax levied by sections | 28421 |
4301.43 and, if applicable, 4301.432 of the Revised Code less a | 28422 |
discount thereon of three per cent of the total tax so levied and | 28423 |
paid, provided the return is filed together with remittance of the | 28424 |
amount of tax shown to be due thereon, within the time prescribed. | 28425 |
| 28426 |
28427 | |
28428 | |
28429 | |
who fail to file a report under this section, for each day the | 28430 |
person so fails, may be required to forfeit and pay into the state | 28431 |
treasury the sum of one dollar as revenue arising from the tax | 28432 |
imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of the | 28433 |
Revised Code, and that sum may be collected by assessment in the | 28434 |
manner provided in section 4305.13 of the Revised Code. | 28435 |
(D) Every B-1 permit holder and importer in this state | 28436 |
importing beer from any manufacturer, bottler, person, or group of | 28437 |
persons however organized, outside the United States, if required | 28438 |
by the tax commissioner shall post a bond payable to the state in | 28439 |
such form and amount as the commissioner prescribes with surety to | 28440 |
the satisfaction of the tax commissioner, conditioned upon the | 28441 |
payment to the
| 28442 |
by sections 4301.42 and 4305.01 of the Revised Code. | 28443 |
(E) No such wine, beer, cider, or mixed beverages sold or | 28444 |
distributed in this state shall be taxed more than once under | 28445 |
sections 4301.42, 4301.43, and 4305.01 of the Revised Code. | 28446 |
(F) As used in this section: | 28447 |
(1) "Cider" has the same meaning as in section 4301.01 of the | 28448 |
Revised Code. | 28449 |
(2) "Wine" has the same meaning as in section 4301.01 of the | 28450 |
Revised Code, except that "wine" does not include cider. | 28451 |
(G) All money collected by the tax commissioner under this | 28452 |
section shall be paid to the treasurer of state as revenue arising | 28453 |
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and | 28454 |
4305.01 of the Revised Code. | 28455 |
Sec. 4303.331. No permit holder shall purchase and import | 28456 |
into this state any beer from any manufacturer, bottler, importer, | 28457 |
wholesale dealer, or broker outside this state and within the | 28458 |
United States unless and until such manufacturer, bottler, | 28459 |
importer, wholesale dealer, or broker registers with the tax | 28460 |
commissioner and supplies such information as the commissioner may | 28461 |
require. | 28462 |
The commissioner may by rule require any registrant to file | 28463 |
with the commissioner a bond payable to the state in such form and | 28464 |
amount as the commissioner prescribes with surety to the | 28465 |
satisfaction of the tax commissioner conditioned upon the making | 28466 |
of the report to be made
to the
| 28467 |
commissioner and the payment
to the
| 28468 |
commissioner of taxes levied by sections 4301.42 and 4305.01 of | 28469 |
the Revised Code, all as provided in section 4303.33 of the | 28470 |
Revised Code. | 28471 |
Any such manufacturer, bottler, importer, wholesale dealer, | 28472 |
or broker shall, as a part of such registration, make the | 28473 |
secretary of state
| 28474 |
notice of any assessment, action, or proceedings instituted in the | 28475 |
state against such person under sections 4303.33, 4301.42, and | 28476 |
4305.01 of the Revised Code. | 28477 |
Such process or notice shall be served, by the officer to | 28478 |
whom it is directed or by the tax commissioner, or by the sheriff | 28479 |
of Franklin county, who may be deputized for such purpose by the | 28480 |
officer to whom the service is directed, upon the secretary of | 28481 |
state by leaving at the office of the secretary of state, at least | 28482 |
fifteen days before the return day of such process or notice, a | 28483 |
true and attested copy thereof, and by sending to the defendant by | 28484 |
certified mail, postage prepaid, a like and true attested copy, | 28485 |
with an endorsement thereon of the service upon the secretary of | 28486 |
state, addressed to such defendant at the address listed in the | 28487 |
registration or at the defendant's last known address. | 28488 |
Any B-1 permit holder who purchases beer from any | 28489 |
manufacturer, bottler, importer, wholesale dealer, or broker | 28490 |
outside this state and within the United States who has not | 28491 |
registered with the tax commissioner and filed a bond as provided | 28492 |
in this section shall be liable for any tax due on any beer | 28493 |
purchased from such unregistered manufacturer, bottler, importer, | 28494 |
wholesale dealer, or broker and shall be subject to any penalties | 28495 |
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised | 28496 |
Code. | 28497 |
Any B-1 permit holder who purchases beer from any | 28498 |
manufacturer, bottler, importer, wholesale dealer, or broker | 28499 |
outside this state and within the United States who has complied | 28500 |
with this section shall not be liable for any tax due to the state | 28501 |
on any beer purchased from any such manufacturer, bottler, | 28502 |
importer, wholesale dealer, or broker. | 28503 |
All money collected by the tax commissioner under this | 28504 |
section shall be paid to the treasurer of state as revenue arising | 28505 |
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and | 28506 |
4305.01 of the Revised Code. | 28507 |
Sec. 4503.10. (A) The owner of every snowmobile, | 28508 |
off-highway motorcycle, and all-purpose vehicle required to be | 28509 |
registered under section 4519.02 of the Revised Code shall file an | 28510 |
application for registration under section 4519.03 of the Revised | 28511 |
Code. The owner of a motor vehicle, other than a snowmobile, | 28512 |
off-highway motorcycle, or all-purpose vehicle, that is not | 28513 |
designed and constructed by the manufacturer for operation on a | 28514 |
street or highway may not register it under this chapter except | 28515 |
upon certification of inspection pursuant to section 4513.02 of | 28516 |
the Revised Code by the sheriff or chief of police of the | 28517 |
municipal or township police with jurisdiction over the political | 28518 |
subdivision in which the owner of the motor vehicle resides. | 28519 |
Except as provided in section 4503.103 of the Revised Code, every | 28520 |
owner of every other motor vehicle not previously described in | 28521 |
this section and every person mentioned as owner in the last | 28522 |
certificate of title of a motor vehicle that is operated or driven | 28523 |
upon the public roads or highways shall cause to be filed each | 28524 |
year, by mail or otherwise, in the office of the registrar of | 28525 |
motor vehicles or a deputy registrar, a written or electronic | 28526 |
application or a preprinted registration renewal notice issued | 28527 |
under section 4503.102 of the Revised Code, the form of which | 28528 |
shall be prescribed by the registrar, for registration for the | 28529 |
following registration year, which shall begin on the first day of | 28530 |
January of every calendar year and end on the thirty-first day of | 28531 |
December in the same year. Applications for registration and | 28532 |
registration renewal notices shall be filed at the times | 28533 |
established by the registrar pursuant to section 4503.101 of the | 28534 |
Revised Code. A motor vehicle owner also may elect to renew a | 28535 |
motor vehicle registration by electronic means using electronic | 28536 |
signature in accordance with rules adopted by the registrar. | 28537 |
Except as provided in division (J) of this section, applications | 28538 |
for registration shall be made on blanks furnished by the | 28539 |
registrar for that purpose, containing the following information: | 28540 |
(1) A brief description of the motor vehicle to be | 28541 |
registered, including the name of the manufacturer, the factory | 28542 |
number of the vehicle, the year's model, and, in the case of | 28543 |
commercial cars, the gross weight of the vehicle fully equipped | 28544 |
computed in the manner prescribed in section 4503.08 of the | 28545 |
Revised Code; | 28546 |
(2) The name and residence address of the owner, and the | 28547 |
township and municipal corporation in which the owner resides; | 28548 |
(3) The district of registration, which shall be determined | 28549 |
as follows: | 28550 |
(a) In case the motor vehicle to be registered is used for | 28551 |
hire or principally in connection with any established business or | 28552 |
branch business, conducted at a particular place, the district of | 28553 |
registration is the municipal corporation in which that place is | 28554 |
located or, if not located in any municipal corporation, the | 28555 |
county and township in which that place is located. | 28556 |
(b) In case the vehicle is not so used, the district of | 28557 |
registration is the municipal corporation or county in which the | 28558 |
owner resides at the time of making the application. | 28559 |
(4) Whether the motor vehicle is a new or used motor | 28560 |
vehicle; | 28561 |
(5) The date of purchase of the motor vehicle; | 28562 |
(6) Whether the fees required to be paid for the | 28563 |
registration or transfer of the motor vehicle, during the | 28564 |
preceding registration year and during the preceding period of the | 28565 |
current registration year, have been paid. Each application for | 28566 |
registration shall be signed by the owner, either manually or by | 28567 |
electronic signature, or pursuant to obtaining a limited power of | 28568 |
attorney authorized by the registrar for registration, or other | 28569 |
document authorizing such signature. If the owner elects to renew | 28570 |
the motor vehicle registration with the registrar by electronic | 28571 |
means, the owner's manual signature is not required. | 28572 |
(7) The owner's social security number, if assigned, or, | 28573 |
where a motor vehicle to be registered is used for hire or | 28574 |
principally in connection with any established business, the | 28575 |
owner's federal taxpayer identification number. | 28576 |
(B) Each time the applicant first registers a motor vehicle | 28577 |
in the applicant's name, the applicant shall present for | 28578 |
inspection a certificate of title or a memorandum certificate | 28579 |
showing title to the motor vehicle to be registered in the | 28580 |
applicant. When a motor vehicle inspection and maintenance | 28581 |
program is in effect under section 3704.14 of the Revised Code and | 28582 |
rules adopted under it, each application for registration for a | 28583 |
vehicle required to be inspected under that section and those | 28584 |
rules shall be accompanied by an inspection certificate for the | 28585 |
motor vehicle issued in accordance with that section. The | 28586 |
application shall be refused if any of the following applies: | 28587 |
(1) The application is not in proper form. | 28588 |
(2) The application is prohibited from being accepted by | 28589 |
division (D) of section 2935.27, division (A) of section 2937.221, | 28590 |
division (A) of section 4503.13, division (B) of section 4507.168, | 28591 |
or division (B)(1) of section 4521.10 of the Revised Code. | 28592 |
(3) A certificate of title or memorandum certificate of | 28593 |
title does not accompany the application. | 28594 |
(4) All registration and transfer fees for the motor | 28595 |
vehicle, for the preceding year or the preceding period of the | 28596 |
current registration year, have not been paid. | 28597 |
(5) The owner or lessee does not have an inspection | 28598 |
certificate for the motor vehicle as provided in section 3704.14 | 28599 |
of the Revised Code, and rules adopted under it, if that section | 28600 |
is applicable. | 28601 |
This section does not require the payment of license or | 28602 |
registration taxes on a motor vehicle for any preceding year, or | 28603 |
for any preceding period of a year, if the motor vehicle was not | 28604 |
taxable for that preceding year or period under sections 4503.02, | 28605 |
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 28606 |
Revised Code. When a certificate of registration is issued upon | 28607 |
the first registration of a motor vehicle by or on behalf of the | 28608 |
owner, the official issuing the certificate shall indicate the | 28609 |
issuance with a stamp on the certificate of title or memorandum | 28610 |
certificate and on the inspection certificate for the motor | 28611 |
vehicle, if any. The official also shall indicate, by a stamp or | 28612 |
by such other means as the registrar prescribes, on the | 28613 |
registration certificate issued upon the first registration of a | 28614 |
motor vehicle by or on behalf of the owner the odometer reading of | 28615 |
the motor vehicle as shown in the odometer statement included in | 28616 |
or attached to the certificate of title. Upon each subsequent | 28617 |
registration of the motor vehicle by or on behalf of the same | 28618 |
owner, the official also shall so indicate the odometer reading of | 28619 |
the motor vehicle as shown on the immediately preceding | 28620 |
certificate of registration. | 28621 |
The registrar shall include in the permanent registration | 28622 |
record of any vehicle required to be inspected under section | 28623 |
3704.14 of the Revised Code the inspection certificate number from | 28624 |
the inspection certificate that is presented at the time of | 28625 |
registration of the vehicle as required under this division. | 28626 |
(C) In addition, a charge of twenty-five cents shall be made | 28627 |
for each reflectorized safety license plate issued, and a single | 28628 |
charge of twenty-five cents shall be made for each county | 28629 |
identification sticker or each set of county identification | 28630 |
stickers issued, as the case may be, to cover the cost of | 28631 |
producing the license plates and stickers, including material, | 28632 |
manufacturing, and administrative costs. Those fees shall be in | 28633 |
addition to the license tax. If the total cost of producing the | 28634 |
plates is less than twenty-five cents per plate, or if the total | 28635 |
cost of producing the stickers is less than twenty-five cents per | 28636 |
sticker or per set issued, any excess moneys accruing from the | 28637 |
fees shall be distributed in the same manner as provided by | 28638 |
section 4501.04 of the Revised Code for the distribution of | 28639 |
license tax moneys. If the total cost of producing the plates | 28640 |
exceeds twenty-five cents per plate, or if the total cost of | 28641 |
producing the stickers exceeds twenty-five cents per sticker or | 28642 |
per set issued, the difference shall be paid from the license tax | 28643 |
moneys collected pursuant to section 4503.02 of the Revised Code. | 28644 |
(D) Each deputy registrar shall be allowed a fee of
| 28645 |
28646 | |
2001, three dollars and twenty-five cents commencing on January 1, | 28647 |
2003, and three dollars and fifty cents commencing on January 1, | 28648 |
2004, for each application for registration and registration | 28649 |
renewal notice the deputy registrar receives, which shall be for | 28650 |
the purpose of compensating the deputy registrar for the deputy | 28651 |
registrar's services, and such office and rental expenses, as may | 28652 |
be necessary for the proper discharge of the deputy registrar's | 28653 |
duties in the receiving of applications and renewal notices and | 28654 |
the issuing of licenses. | 28655 |
(E) Upon the certification of the registrar, the county | 28656 |
sheriff or local police officials shall recover license plates | 28657 |
erroneously or fraudulently issued. | 28658 |
(F) Each deputy registrar, upon receipt of any application | 28659 |
for registration or registration renewal notice, together with the | 28660 |
license fee and any local motor vehicle license tax levied | 28661 |
pursuant to Chapter 4504. of the Revised Code, shall transmit that | 28662 |
fee and tax, if any, in the manner provided in this section, | 28663 |
together with the original and duplicate copy of the application, | 28664 |
to the registrar. The registrar, subject to the approval of the | 28665 |
director of public safety, may deposit the funds collected by | 28666 |
those deputies in a local bank or depository to the credit of the | 28667 |
"state of Ohio, bureau of motor vehicles." Where a local bank or | 28668 |
depository has been designated by the registrar, each deputy | 28669 |
registrar shall deposit all moneys collected by the deputy | 28670 |
registrar into that bank or depository not more than one business | 28671 |
day after their collection and shall make reports to the registrar | 28672 |
of the amounts so deposited, together with any other information, | 28673 |
some of which may be prescribed by the treasurer of state, as the | 28674 |
registrar may require and as prescribed by the registrar by rule. | 28675 |
The registrar, within three days after receipt of notification of | 28676 |
the deposit of funds by a deputy registrar in a local bank or | 28677 |
depository, shall draw on that account in favor of the treasurer | 28678 |
of state. The registrar, subject to the approval of the director | 28679 |
and the treasurer of state, may make reasonable rules necessary | 28680 |
for the prompt transmittal of fees and for safeguarding the | 28681 |
interests of the state and of counties, townships, municipal | 28682 |
corporations, and transportation improvement districts levying | 28683 |
local motor vehicle license taxes. The registrar may pay service | 28684 |
charges usually collected by banks and depositories for such | 28685 |
service. If deputy registrars are located in communities where | 28686 |
banking facilities are not available, they shall transmit the fees | 28687 |
forthwith, by money order or otherwise, as the registrar, by rule | 28688 |
approved by the director and the treasurer of state, may | 28689 |
prescribe. The registrar may pay the usual and customary fees for | 28690 |
such service. | 28691 |
(G) This section does not prevent any person from making an | 28692 |
application for a motor vehicle license directly to the registrar | 28693 |
by mail, by electronic means, or in person at any of the | 28694 |
registrar's offices, upon payment of a service fee of
| 28695 |
28696 | |
three dollars and twenty-five cents commencing on January 1, 2003, | 28697 |
and three dollars and fifty cents commencing on January 1, 2004, | 28698 |
for each application. | 28699 |
(H) No person shall make a false statement as to the | 28700 |
district of registration in an application required by division | 28701 |
(A) of this section. Violation of this division is falsification | 28702 |
under section 2921.13 of the Revised Code and punishable as | 28703 |
specified in that section. | 28704 |
(I)(1) Where applicable, the requirements of division (B) of | 28705 |
this section relating to the presentation of an inspection | 28706 |
certificate issued under section 3704.14 of the Revised Code and | 28707 |
rules adopted under it for a motor vehicle, the refusal of a | 28708 |
license for failure to present an inspection certificate, and the | 28709 |
stamping of the inspection certificate by the official issuing the | 28710 |
certificate of registration apply to the registration of and | 28711 |
issuance of license plates for a motor vehicle under sections | 28712 |
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 28713 |
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 28714 |
4503.47, and 4503.51 of the Revised Code. | 28715 |
(2)(a) The registrar shall adopt rules ensuring that each | 28716 |
owner registering a motor vehicle in a county where a motor | 28717 |
vehicle inspection and maintenance program is in effect under | 28718 |
section 3704.14 of the Revised Code and rules adopted under it | 28719 |
receives information about the requirements established in that | 28720 |
section and those rules and about the need in those counties to | 28721 |
present an inspection certificate with an application for | 28722 |
registration or preregistration. | 28723 |
(b) Upon request, the registrar shall provide the director | 28724 |
of environmental protection, or any person that has been awarded a | 28725 |
contract under division (D) of section 3704.14 of the Revised | 28726 |
Code, an on-line computer data link to registration information | 28727 |
for all passenger cars, noncommercial motor vehicles, and | 28728 |
commercial cars that are subject to that section. The registrar | 28729 |
also shall provide to the director of environmental protection a | 28730 |
magnetic data tape containing registration information regarding | 28731 |
passenger cars, noncommercial motor vehicles, and commercial cars | 28732 |
for which a multi-year registration is in effect under section | 28733 |
4503.103 of the Revised Code or rules adopted under it, including, | 28734 |
without limitation, the date of issuance of the multi-year | 28735 |
registration, the registration deadline established under rules | 28736 |
adopted under section 4503.101 of the Revised Code that was | 28737 |
applicable in the year in which the multi-year registration was | 28738 |
issued, and the registration deadline for renewal of the | 28739 |
multi-year registration. | 28740 |
(J) Application for registration under the international | 28741 |
registration plan, as set forth in sections 4503.60 to 4503.66 of | 28742 |
the Revised Code, shall be made to the registrar on forms | 28743 |
furnished by the registrar. In accordance with international | 28744 |
registration plan guidelines and pursuant to rules adopted by the | 28745 |
registrar, the forms shall include the following: | 28746 |
(1) A uniform mileage schedule; | 28747 |
(2) The gross vehicle weight of the vehicle or combined | 28748 |
gross vehicle weight of the combination vehicle as declared by the | 28749 |
registrant; | 28750 |
(3) Any other information the registrar requires by rule. | 28751 |
Sec. 4503.102. (A) The registrar of motor vehicles shall | 28752 |
adopt rules to establish a centralized system of motor vehicle | 28753 |
registration renewal by mail or by electronic means. Any person | 28754 |
owning a motor vehicle that was registered in the person's name | 28755 |
during the preceding registration year shall renew the | 28756 |
registration of the motor vehicle not more than ninety days prior | 28757 |
to the expiration date of the registration either by mail or by | 28758 |
electronic means through the centralized system of registration | 28759 |
established under this section, or in person at any office of the | 28760 |
registrar or at a deputy registrar's office. | 28761 |
(B)(1) No less than forty-five days prior to the expiration | 28762 |
date of any motor vehicle registration, the registrar shall mail a | 28763 |
renewal notice to the person in whose name the motor vehicle is | 28764 |
registered. The renewal notice shall clearly state that the | 28765 |
registration of the motor vehicle may be renewed by mail or | 28766 |
electronic means through the centralized system of registration or | 28767 |
in person at any office of the registrar or at a deputy | 28768 |
registrar's office and shall be preprinted with information | 28769 |
including, but not limited to, the owner's name and residence | 28770 |
address as shown in the records of the bureau of motor vehicles, a | 28771 |
brief description of the motor vehicle to be registered, notice of | 28772 |
the license taxes and fees due on the motor vehicle, the toll-free | 28773 |
telephone number of the registrar as required under division | 28774 |
(D)(1) of section 4503.031 of the Revised Code, and any additional | 28775 |
information the registrar may require by rule. The renewal notice | 28776 |
shall be sent by regular mail to the owner's last known address as | 28777 |
shown in the records of the bureau of motor vehicles. | 28778 |
(2) If the application for renewal of the registration of a | 28779 |
motor vehicle is prohibited from being accepted by the registrar | 28780 |
or a deputy registrar by division (D) of section 2935.27, division | 28781 |
(A) of section 2937.221, division (A) of section 4503.13, division | 28782 |
(B) of section 4507.168, or division (B)(1) of section 4521.10 of | 28783 |
the Revised Code, the registrar is not required to send a renewal | 28784 |
notice to the vehicle owner or vehicle lessee. | 28785 |
(C) The owner of the motor vehicle shall verify the | 28786 |
information contained in the notice, sign it either manually or by | 28787 |
electronic means, and return it, either by mail or electronic | 28788 |
means, or the owner may take it in person to any office of the | 28789 |
registrar or of a deputy registrar, together with a financial | 28790 |
transaction device number, when permitted by rule of the | 28791 |
registrar, check, or money order in the amount of the registration | 28792 |
taxes and fees payable on the motor vehicle and a
mail fee of
| 28793 |
28794 | |
2001, three dollars and twenty-five cents commencing on January 1, | 28795 |
2003, and three dollars and fifty cents commencing on January 1, | 28796 |
2004, plus postage as indicated on the notice, if the registration | 28797 |
is renewed by mail, and an inspection certificate for the motor | 28798 |
vehicle as provided in section 3704.14 of the Revised Code. If | 28799 |
the motor vehicle owner chooses to renew the motor vehicle | 28800 |
registration by electronic means, the owner shall proceed in | 28801 |
accordance with the rules the registrar adopts. | 28802 |
(D) If all registration and transfer fees for the motor | 28803 |
vehicle for the preceding year or the preceding period of the | 28804 |
current registration year have not been paid, if division (D) of | 28805 |
section 2935.27, division (A) of section 2937.221, division (A) of | 28806 |
section 4503.13, division (B) of section 4507.168, or division | 28807 |
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance | 28808 |
of the renewal notice, or if the owner or lessee does not have an | 28809 |
inspection certificate for the motor vehicle as provided in | 28810 |
section 3704.14 of the Revised Code, if that section is | 28811 |
applicable, the license shall be refused, and the registrar or | 28812 |
deputy registrar shall so notify the owner. This section does not | 28813 |
require the payment of license or registration taxes on a motor | 28814 |
vehicle for any preceding year, or for any preceding period of a | 28815 |
year, if the motor vehicle was not taxable for that preceding year | 28816 |
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or | 28817 |
4503.16 or Chapter 4504. of the Revised Code. | 28818 |
(E)(1) Failure to receive a renewal notice does not relieve | 28819 |
a motor vehicle owner from the responsibility to renew the | 28820 |
registration for the motor vehicle. Any person who has a motor | 28821 |
vehicle registered in this state and who does not receive a | 28822 |
renewal notice as provided in division (B) of this section prior | 28823 |
to the expiration date of the registration shall request an | 28824 |
application for registration from the registrar or a deputy | 28825 |
registrar and sign the application manually or by electronic means | 28826 |
and submit the application and pay any applicable license taxes | 28827 |
and fees to the registrar or deputy registrar. | 28828 |
(2) If the owner of a motor vehicle submits an application | 28829 |
for registration and the registrar is prohibited by division (D) | 28830 |
of section 2935.27, division (A) of section 2937.221, division (A) | 28831 |
of section 4503.13, division (B) of section 4507.168, or division | 28832 |
(B)(1) of section 4521.10 of the Revised Code from accepting the | 28833 |
application, the registrar shall return the application and the | 28834 |
payment to the owner. If the owner of a motor vehicle submits a | 28835 |
registration renewal application to the registrar by electronic | 28836 |
means and the registrar is prohibited from accepting the | 28837 |
application as provided in this division, the registrar shall | 28838 |
notify the owner of this fact and deny the application and return | 28839 |
the payment or give a credit on the financial transaction device | 28840 |
account of the owner in the manner the registrar prescribes by | 28841 |
rule adopted pursuant to division (A) of this section. | 28842 |
(F) Every deputy registrar shall post in a prominent place | 28843 |
at the deputy's office a notice informing the public of the mail | 28844 |
registration system required by this section and also shall post a | 28845 |
notice that every owner of a motor vehicle and every chauffeur | 28846 |
holding a certificate of registration is required to notify the | 28847 |
registrar in writing of any change of residence within ten days | 28848 |
after the change occurs. The notice shall be in such form as the | 28849 |
registrar prescribes by rule. | 28850 |
(G) The
| 28851 |
collected from July 1, 2001, through December 31, 2002, the three | 28852 |
dollars and twenty-five cents fee collected from January 1, 2003, | 28853 |
through December 31, 2003, and the three dollars and fifty cents | 28854 |
fee collected after January 1, 2004, plus postage and any | 28855 |
financial transaction device surcharge collected by the registrar | 28856 |
for registration by mail, shall be paid to the credit of the state | 28857 |
bureau of motor vehicles fund established by section 4501.25 of | 28858 |
the Revised Code. | 28859 |
(H) Pursuant to section 113.40 of the Revised Code, the | 28860 |
registrar may implement a program permitting payment of motor | 28861 |
vehicle registration taxes and fees, driver's license and | 28862 |
commercial driver's license fees, and any other taxes, fees, | 28863 |
penalties, or charges imposed or levied by the state by means of a | 28864 |
financial transaction device. The registrar may adopt rules as | 28865 |
necessary for this purpose. | 28866 |
(I) For persons who reside in counties where tailpipe | 28867 |
emissions inspections are required under the motor vehicle | 28868 |
inspection and maintenance program, the notice required by | 28869 |
division (B) of this section shall also include the toll-free | 28870 |
telephone number maintained by the Ohio environmental protection | 28871 |
agency to provide information concerning the locations of | 28872 |
emissions testing centers. | 28873 |
Sec. 4503.12. Upon the transfer of ownership of a motor | 28874 |
vehicle, the registration of the motor vehicle expires and the | 28875 |
original owner immediately shall remove the license plates from | 28876 |
the motor vehicle, except that: | 28877 |
(A) If a statutory merger or consolidation results in the | 28878 |
transfer of ownership of a motor vehicle from a constituent | 28879 |
corporation to the surviving corporation, or if the incorporation | 28880 |
of a proprietorship or partnership results in the transfer of | 28881 |
ownership of a motor vehicle from the proprietorship or | 28882 |
partnership to the corporation, the registration shall be | 28883 |
continued upon the filing by the surviving or new corporation, | 28884 |
within thirty days of such transfer, of an application for an | 28885 |
amended certificate of registration, unless such registration is | 28886 |
prohibited by division (D) of section 2935.27, division (A) of | 28887 |
section 2937.221, division (B) of section 4507.168, or division | 28888 |
(B)(1) of section 4521.10 of the Revised Code. The application | 28889 |
shall be accompanied by a service fee of
| 28890 |
28891 | |
dollars and twenty-five cents commencing on January 1, 2003, and | 28892 |
three dollars and fifty cents commencing on January 1, 2004, a | 28893 |
transfer fee of one dollar, and the original certificate of | 28894 |
registration. Upon a proper filing, the registrar of motor | 28895 |
vehicles shall issue an amended certificate of registration in the | 28896 |
name of the new owner. | 28897 |
(B) If the death of the owner of a motor vehicle results in | 28898 |
the transfer of ownership of the motor vehicle to the surviving | 28899 |
spouse of the owner or if a motor vehicle is owned by two persons | 28900 |
under joint ownership with right of survivorship established under | 28901 |
section 2106.17 of the Revised Code and one of those persons dies, | 28902 |
the registration shall be continued upon the filing by the | 28903 |
surviving spouse of an application for an amended certificate of | 28904 |
registration, unless such registration is prohibited by division | 28905 |
(D) of section 2935.27, division (A) of section 2937.221, division | 28906 |
(A) of section 4503.13, division (B) of section 4507.168, or | 28907 |
division (B)(1) of section 4521.10 of the Revised Code. The | 28908 |
application shall be accompanied by a service fee of
| 28909 |
28910 | |
three dollars and twenty-five cents commencing on January 1, 2003, | 28911 |
and three dollars and fifty cents commencing on January 1, 2004, a | 28912 |
transfer fee of one dollar, the original certificate of | 28913 |
registration, and, in relation to a motor vehicle that is owned by | 28914 |
two persons under joint ownership with right of survivorship | 28915 |
established under section 2106.17 of the Revised Code, by a copy | 28916 |
of the certificate of title that specifies that the vehicle is | 28917 |
owned under joint ownership with right of survivorship. Upon a | 28918 |
proper filing, the registrar shall issue an amended certificate of | 28919 |
registration in the name of the surviving spouse. | 28920 |
(C) If the original owner of a motor vehicle that has been | 28921 |
transferred makes application for the registration of another | 28922 |
motor vehicle at any time during the remainder of the registration | 28923 |
period for which the transferred motor vehicle was registered, the | 28924 |
owner, unless such registration is prohibited by division (D) of | 28925 |
section 2935.27, division (A) of section 2937.221, division (A) of | 28926 |
section 4503.13, division (E) of section 4503.234, division (B) of | 28927 |
section 4507.168, or division (B)(1) of section 4521.10 of the | 28928 |
Revised Code, may file an application for transfer of the | 28929 |
registration and, where applicable, the license plates, | 28930 |
accompanied by a
service fee of
| 28931 |
three dollars commencing on July 1, 2001, three dollars and | 28932 |
twenty-five cents commencing on January 1, 2003, and three dollars | 28933 |
and fifty cents commencing on January 1, 2004, a transfer fee of | 28934 |
one dollar, and the original certificate of registration. The | 28935 |
transfer of the registration and, where applicable, the license | 28936 |
plates from the motor vehicle for which they originally were | 28937 |
issued to a succeeding motor vehicle purchased by the same person | 28938 |
in whose name the original registration and license plates were | 28939 |
issued shall be done within a period not to exceed thirty days. | 28940 |
During that thirty-day period, the license plates from the motor | 28941 |
vehicle for which they originally were issued may be displayed on | 28942 |
the succeeding motor vehicle, and the succeeding motor vehicle may | 28943 |
be operated on the public roads and highways in this state. | 28944 |
At the time of application for transfer, the registrar shall | 28945 |
compute and collect the amount of tax due on the succeeding motor | 28946 |
vehicle, based upon the amount that would be due on a new | 28947 |
registration as of the date on which the transfer is made less a | 28948 |
credit for the unused portion of the original registration | 28949 |
beginning on that date. If the credit exceeds the amount of tax | 28950 |
due on the new registration, no refund shall be made. In | 28951 |
computing the amount of tax due and credits to be allowed under | 28952 |
this division, the provisions of division (B)(1)(a) and (b) of | 28953 |
section 4503.11 of the Revised Code shall apply. As to passenger | 28954 |
cars, noncommercial vehicles, motor homes, and motorcycles, | 28955 |
transfers within or between these classes of motor vehicles only | 28956 |
shall be allowed. If the succeeding motor vehicle is of a | 28957 |
different class than the motor vehicle for which the registration | 28958 |
originally was issued, new license plates also shall be issued | 28959 |
upon the surrender of the license plates originally issued and | 28960 |
payment of the fees provided in divisions (C) and (D) of section | 28961 |
4503.10 of the Revised Code. | 28962 |
(D) The owner of a commercial car having a gross vehicle | 28963 |
weight or combined gross vehicle weight of more than ten thousand | 28964 |
pounds may transfer the registration of that commercial car to | 28965 |
another commercial car the owner owns without transferring | 28966 |
ownership of the first commercial car, unless registration of the | 28967 |
second commercial car is prohibited by division (D) of section | 28968 |
2935.27, division (A) of section 2937.221, division (A) of section | 28969 |
4503.13, division (B) of section 4507.168, or division (B)(1) of | 28970 |
section 4521.10 of the Revised Code. At any time during the | 28971 |
remainder of the registration period for which the first | 28972 |
commercial car was registered, the owner may file an application | 28973 |
for the transfer of the registration and, where applicable, the | 28974 |
license plates,
accompanied by a service fee of
| 28975 |
28976 | |
dollars and twenty-five cents commencing on January 1, 2003, and | 28977 |
three dollars and fifty cents commencing on January 1, 2004, a | 28978 |
transfer fee of one dollar, and the certificate of registration of | 28979 |
the first commercial car. The amount of any tax due or credit to | 28980 |
be allowed for a transfer of registration under this division | 28981 |
shall be computed in accordance with division (C) of this section. | 28982 |
No commercial car to which a registration is transferred | 28983 |
under this division shall be operated on a public road or highway | 28984 |
in this state until after the transfer of registration is | 28985 |
completed in accordance with this division. | 28986 |
(E) Upon application to the registrar or a deputy registrar, | 28987 |
a person who owns or leases a motor vehicle may transfer special | 28988 |
license plates assigned to that vehicle to any other vehicle that | 28989 |
the person owns or leases or that is owned or leased by the | 28990 |
person's spouse. The application shall be accompanied by a | 28991 |
service fee of
| 28992 |
commencing on July 1, 2001, three dollars and twenty-five cents | 28993 |
commencing on January 1, 2003, and three dollars and fifty cents | 28994 |
commencing on January 1, 2004, a transfer fee of one dollar, and | 28995 |
the original certificate of registration. As appropriate, the | 28996 |
application also shall be accompanied by a power of attorney for | 28997 |
the registration of a leased vehicle and a written statement | 28998 |
releasing the special plates to the applicant. Upon a proper | 28999 |
filing, the registrar or deputy registrar shall assign the special | 29000 |
license plates to the motor vehicle owned or leased by the | 29001 |
applicant and issue a new certificate of registration for that | 29002 |
motor vehicle. | 29003 |
As used in division (E) of this section, "special license | 29004 |
plates" means either of the following: | 29005 |
(1) Any license plates for which the person to whom the | 29006 |
license plates are issued must pay an additional fee in excess of | 29007 |
the fees prescribed in section 4503.04 of the Revised Code, | 29008 |
Chapter 4504. of the Revised Code, and the service fee prescribed | 29009 |
in division (D) or (G) of section 4503.10 of the Revised Code; | 29010 |
(2) License plates issued under section 4503.44 of the | 29011 |
Revised Code. | 29012 |
Sec. 4503.182. (A) A purchaser of a motor vehicle, upon | 29013 |
application and proof of purchase of the vehicle, may be issued a | 29014 |
temporary license placard or windshield sticker for the motor | 29015 |
vehicle. | 29016 |
The purchaser of a vehicle applying for a temporary license | 29017 |
placard or windshield sticker under this section shall execute an | 29018 |
affidavit stating that the purchaser has not been issued | 29019 |
previously during the current registration year a license plate | 29020 |
that could legally be transferred to such vehicle. | 29021 |
Placards or windshield stickers shall be issued only for the | 29022 |
applicant's use of the vehicle to enable the applicant to legally | 29023 |
operate the motor vehicle while proper title, license plates, and | 29024 |
a certificate of registration are being obtained, and shall be | 29025 |
displayed on no other motor vehicle. | 29026 |
Placards or windshield stickers issued under this section are | 29027 |
valid for a period of thirty days from date of issuance and are | 29028 |
not transferable or renewable. | 29029 |
The fee for such placards or windshield stickers is two | 29030 |
dollars plus a fee of
| 29031 |
dollars commencing on July 1, 2001, three dollars and twenty-five | 29032 |
cents commencing on January 1, 2003, and three dollars and fifty | 29033 |
cents commencing on January 1, 2004, for each such placard issued | 29034 |
by a deputy registrar. | 29035 |
(B) The registrar of motor vehicles may issue to a motorized | 29036 |
bicycle dealer or a licensed motor vehicle dealer temporary | 29037 |
license placards to be issued to purchasers for use on vehicles | 29038 |
sold by the licensed dealer, in accordance with rules prescribed | 29039 |
by the registrar. The dealer shall notify the registrar within | 29040 |
forty-eight hours of proof of issuance on a form prescribed by the | 29041 |
registrar. | 29042 |
The fee for each such placard issued by the registrar to a | 29043 |
licensed motor vehicle dealer is
two dollars plus a fee of
| 29044 |
29045 | |
2001, three dollars and twenty-five cents commencing on January 1, | 29046 |
2003, and three dollars and fifty cents commencing on January 1, | 29047 |
2004. | 29048 |
(C) The registrar of motor vehicles, at the registrar's | 29049 |
discretion, may issue a temporary license placard. Such a placard | 29050 |
may be issued in the case of extreme hardship encountered by a | 29051 |
citizen from this state or another state who has attempted to | 29052 |
comply with all registration laws, but for extreme circumstances | 29053 |
is unable to properly register the citizen's vehicle. | 29054 |
(D) The registrar shall adopt rules, in accordance with | 29055 |
division (B) of section 111.15 of the Revised Code, to specify the | 29056 |
procedures for reporting the information from applications for | 29057 |
temporary license placards and windshield stickers and for | 29058 |
providing the information from these applications to law | 29059 |
enforcement agencies. | 29060 |
(E) Temporary license placards issued under this section | 29061 |
shall bear a distinctive combination of seven letters, numerals, | 29062 |
or letters and numerals, and shall incorporate a security feature | 29063 |
that, to the greatest degree possible, prevents tampering with any | 29064 |
of the information that is entered upon a placard when it is | 29065 |
issued. | 29066 |
(F) As used in this section, "motorized bicycle dealer" | 29067 |
means any person engaged in the business of selling at retail, | 29068 |
displaying, offering for sale, or dealing in motorized bicycles | 29069 |
who is not subject to section 4503.09 of the Revised Code. | 29070 |
Sec. 4504.05. The moneys received from a county motor | 29071 |
vehicle license tax shall be allocated and distributed as follows: | 29072 |
(A) First, for payment of the costs and expenses incurred by | 29073 |
the county in the enforcement and administration of the tax; | 29074 |
(B) The remainder of such moneys shall be credited to funds | 29075 |
as follows: | 29076 |
(1) With respect to county motor vehicle tax moneys received | 29077 |
under section 4504.02 of the Revised Code, that part of the total | 29078 |
amount which is in the same proportion to the total as the number | 29079 |
of motor vehicles registered in the municipal corporations in the | 29080 |
county that did not levy a municipal motor vehicle license tax | 29081 |
immediately prior to the adoption of the county motor vehicle | 29082 |
license tax is to the total number of motor vehicles registered in | 29083 |
the county in the most recent registration year, shall be placed | 29084 |
in a separate fund to be allocated and distributed as provided in | 29085 |
section 4504.04 of the Revised Code. | 29086 |
The remaining portion shall be placed in the county motor | 29087 |
vehicle license and gasoline tax fund and shall be allocated and | 29088 |
disbursed only for the purposes specified in section 4504.02 of | 29089 |
the Revised Code, other than paying all or part of the costs and | 29090 |
expenses of municipal corporations in constructing, | 29091 |
reconstructing, improving, maintaining, and repairing highways, | 29092 |
roads, and streets designated as necessary and conducive to the | 29093 |
orderly and efficient flow of traffic within and through the | 29094 |
county pursuant to section 4504.03 of the Revised Code. | 29095 |
(2) With respect to county motor vehicle tax moneys received | 29096 |
under section 4504.15 of the Revised Code: | 29097 |
(a) That arising from motor vehicles the district of | 29098 |
registration of which is a municipal corporation within the county | 29099 |
that is not levying the tax authorized by section 4504.17 of the | 29100 |
Revised Code shall be allocated fifty per cent to the county and | 29101 |
fifty per cent to such municipal corporation in an amount equal to | 29102 |
the amount of the tax per motor vehicle registered during the | 29103 |
preceding month in that part of the municipal corporation located | 29104 |
within the county. Moneys allocated to a municipal corporation | 29105 |
under this section shall be paid directly into the treasury of the | 29106 |
municipal corporation as provided in section 4501.042 of the | 29107 |
Revised Code and used only for the purposes described in section | 29108 |
4504.06 of the Revised Code. The first distribution shall be made | 29109 |
to a municipal corporation under this division in the second month | 29110 |
after the county motor vehicle license tax is imposed under | 29111 |
section 4504.15 of the Revised Code. | 29112 |
(b) That arising from motor vehicles the district of | 29113 |
registration of which is in an unincorporated area of the county | 29114 |
shall be allocated seventy per cent to the county and thirty per | 29115 |
cent to the townships in which the owners of the motor vehicles | 29116 |
reside in an amount equal to the amount of the tax per motor | 29117 |
vehicle owned by such a resident in each such township and | 29118 |
registered during the preceding month in the county. The moneys | 29119 |
allocated to townships shall be paid into the treasuries of the | 29120 |
townships and shall be used only for the purposes described in | 29121 |
section 4504.18 of the Revised Code. The first distribution shall | 29122 |
be made under this division in the second month after the county | 29123 |
motor vehicle license tax is imposed under section 4504.15 of the | 29124 |
Revised Code. | 29125 |
(3) With respect to county motor vehicle tax moneys received | 29126 |
under section 4504.16 of the Revised Code: | 29127 |
(a) That arising from motor vehicles the district of | 29128 |
registration of which is a municipal corporation within the county | 29129 |
that is not levying the tax authorized by section 4504.171 of the | 29130 |
Revised Code shall be allocated to the county; | 29131 |
(b)
| 29132 |
of this section, that arising from motor vehicles the district of | 29133 |
registration of which is in an unincorporated area of the county | 29134 |
shall be allocated seventy per cent to the county and thirty per | 29135 |
cent to the townships in which the owners of the motor vehicles | 29136 |
reside in an amount equal to the amount of the tax per motor | 29137 |
vehicle owned by such a resident in each such township and | 29138 |
registered during the preceding month in the county.
| 29139 |
A board of township trustees may pass a resolution | 29140 |
requesting an increase in the percentage of moneys allocated to | 29141 |
the township under division (B)(3)(b) of this section and, upon | 29142 |
passage, shall forward the resolution to the board of county | 29143 |
commissioners. Within ninety days after receipt of a resolution | 29144 |
from a township requesting an increase in the percentage of moneys | 29145 |
allocated to it, a board of county commissioners shall consider | 29146 |
and may pass a resolution increasing the percentage of moneys | 29147 |
allocated to a township under division (B)(3)(b) of this section. | 29148 |
A board of county commissioners also may initiate and pass a | 29149 |
resolution increasing the percentage of moneys allocated to a | 29150 |
township under division (B)(3)(b) of this section. If a board of | 29151 |
county commissioners passes a resolution under division (B)(3)(b) | 29152 |
of this section, it shall forward the resolution to the county | 29153 |
treasurer, and the resolution shall continue until revoked by the | 29154 |
board of county commissioners. The county treasurer shall make | 29155 |
the first distribution under any new allocation in the second | 29156 |
month after receiving the resolution. | 29157 |
The moneys allocated to townships shall be paid into the | 29158 |
treasuries of the townships and shall be used only for the | 29159 |
purposes described in section 4504.18 of the Revised Code. The | 29160 |
first distribution shall be made under this division in the second | 29161 |
month after the county motor vehicle license tax is imposed under | 29162 |
section 4504.16 of the Revised Code. | 29163 |
Sec. 4505.061. If the application for a certificate of title | 29164 |
refers to a motor vehicle last previously registered in another | 29165 |
state, the application shall be accompanied by a physical | 29166 |
inspection certificate issued by the department of public safety | 29167 |
verifying the make, body type, model, and manufacturer's vehicle | 29168 |
identification number of the motor vehicle for which the | 29169 |
certificate of title is desired. The physical inspection | 29170 |
certificate shall be in such form as is designated by the | 29171 |
registrar of motor vehicles. The physical inspection of the motor | 29172 |
vehicle shall be made at a deputy registrar's office, or at an | 29173 |
established place of business operated by a licensed motor vehicle | 29174 |
dealer. Additionally, the physical inspection of a salvage | 29175 |
vehicle owned by an insurance company may be made at an | 29176 |
established place of business operated by a salvage motor vehicle | 29177 |
dealer licensed under Chapter 4738. of the Revised Code. The | 29178 |
deputy registrar, the motor vehicle dealer, or the salvage motor | 29179 |
vehicle dealer may charge a maximum
fee of
| 29180 |
29181 | |
twenty-five cents commencing on January 1, 2003, and three dollars | 29182 |
and fifty cents commencing on January 1, 2004, for conducting the | 29183 |
physical inspection. | 29184 |
The clerk of the court of common pleas shall charge a fee of | 29185 |
one dollar and fifty cents for the processing of each physical | 29186 |
inspection certificate. The clerk shall retain fifty cents of the | 29187 |
one dollar and fifty cents so charged and shall pay the remaining | 29188 |
one dollar to the registrar by monthly returns, which shall be | 29189 |
forwarded to the registrar not later than the fifth day of the | 29190 |
month next succeeding that in which the certificate is received by | 29191 |
the clerk. The registrar shall pay such remaining sums into the | 29192 |
state bureau of motor vehicles fund established by section 4501.25 | 29193 |
of the Revised Code. | 29194 |
Sec. 4506.08. (A) Each application for a commercial | 29195 |
driver's license temporary instruction permit shall be accompanied | 29196 |
by a fee of ten dollars; except as provided in division (B) of | 29197 |
this section, each application for a commercial driver's license, | 29198 |
restricted commercial driver's license, or renewal of such a | 29199 |
license shall be accompanied by a fee of twenty-five dollars; and | 29200 |
each application for a duplicate commercial driver's license shall | 29201 |
be accompanied by a fee of ten dollars. In addition, the | 29202 |
registrar of motor vehicles or deputy registrar may collect and | 29203 |
retain
an additional fee of no more than
| 29204 |
29205 | |
dollars and twenty-five cents commencing on January 1, 2003, and | 29206 |
three dollars and fifty cents commencing on January 1, 2004, for | 29207 |
each application for a commercial driver's license temporary | 29208 |
instruction permit, commercial driver's license, renewal of a | 29209 |
commercial driver's license, or duplicate commercial driver's | 29210 |
license received by the registrar or deputy. No fee shall be | 29211 |
charged for the annual issuance of a waiver for farm-related | 29212 |
service industries pursuant to section 4506.24 of the Revised | 29213 |
Code. | 29214 |
Each deputy registrar shall transmit the fees collected to | 29215 |
the registrar at the time and in the manner prescribed by the | 29216 |
registrar by rule. The registrar shall pay the fees into the | 29217 |
state highway safety fund established in section 4501.06 of the | 29218 |
Revised Code. | 29219 |
(B) Information regarding the driving record of any person | 29220 |
holding a commercial driver's license issued by this state shall | 29221 |
be furnished by the registrar, upon request and payment of a fee | 29222 |
of three dollars, to the employer or prospective employer of such | 29223 |
a person and to any insurer. | 29224 |
Sec. 4507.23. (A) Except as provided in division (H) of | 29225 |
this section, each application for a temporary instruction permit | 29226 |
and examination shall be accompanied by a fee of four dollars. | 29227 |
(B) Except as provided in division (H) of this section, each | 29228 |
application for a driver's license made by a person who previously | 29229 |
held such a license and whose license has expired not more than | 29230 |
two years prior to the date of application, and who is required | 29231 |
under this chapter to give an actual demonstration of the person's | 29232 |
ability to drive, shall be accompanied by a fee of three dollars | 29233 |
in addition to any other fees. | 29234 |
(C) Except as provided in divisions (E) and (H) of this | 29235 |
section, each application for a driver's license, or motorcycle | 29236 |
operator's endorsement, or renewal of a driver's license shall be | 29237 |
accompanied by a fee of six dollars. Except as provided in | 29238 |
division (H) of this section, each application for a duplicate | 29239 |
driver's license shall be accompanied by a fee of two dollars and | 29240 |
fifty cents. The duplicate driver's licenses issued under this | 29241 |
section shall be distributed by the deputy registrar in accordance | 29242 |
with rules adopted by the registrar of motor vehicles. | 29243 |
(D) Except as provided in division (H) of this section, each | 29244 |
application for a motorized bicycle license or duplicate thereof | 29245 |
shall be accompanied by a fee of two dollars and fifty cents. | 29246 |
(E) Except as provided in division (H) of this section, each | 29247 |
application for a driver's license or renewal of a driver's | 29248 |
license that will be issued to a person who is less than | 29249 |
twenty-one years of age shall be accompanied by whichever of the | 29250 |
following fees is applicable: | 29251 |
(1) If the person is sixteen years of age or older, but less | 29252 |
than seventeen years of age, a fee of seven dollars and | 29253 |
twenty-five cents; | 29254 |
(2) If the person is seventeen years of age or older, but | 29255 |
less than eighteen years of age, a fee of six dollars; | 29256 |
(3) If the person is eighteen years of age or older, but | 29257 |
less than nineteen years of age, a fee of four dollars and | 29258 |
seventy-five cents; | 29259 |
(4) If the person is nineteen years of age or older, but | 29260 |
less than twenty years of age, a fee of three dollars and fifty | 29261 |
cents; | 29262 |
(5) If the person is twenty years of age or older, but less | 29263 |
than twenty-one years of age, a fee of two dollars and twenty-five | 29264 |
cents. | 29265 |
(F) Neither the registrar nor any deputy registrar shall | 29266 |
charge a fee in excess of one dollar and fifty cents for | 29267 |
laminating a driver's license
| 29268 |
temporary instruction permit as required by sections 4507.13 and | 29269 |
4511.521 of the Revised Code. A deputy registrar laminating a | 29270 |
driver's license
| 29271 |
instruction permit shall retain the entire amount of the fee | 29272 |
charged for lamination, less the actual cost to the registrar of | 29273 |
the laminating materials used for that lamination, as specified in | 29274 |
the contract executed by the bureau for the laminating materials | 29275 |
and laminating equipment. The deputy registrar shall forward the | 29276 |
amount of the cost of the laminating materials to the registrar | 29277 |
for deposit as provided in this section. | 29278 |
(G) At the time and in the manner provided by section | 29279 |
4503.10 of the Revised Code, the deputy registrar shall transmit | 29280 |
the fees collected under divisions (A), (B), (C), (D), and (E), | 29281 |
and those portions of the fees specified in and collected under | 29282 |
division (F) of this section to the registrar. The registrar | 29283 |
shall pay two dollars and fifty cents of each fee collected under | 29284 |
divisions (A), (B), (C), (D), and (E)(1) to (4) of this section, | 29285 |
and the entire fee collected under division (E)(5) of this | 29286 |
section, into the state highway safety fund established in section | 29287 |
4501.06 of the Revised Code, and such fees shall be used for the | 29288 |
sole purpose of supporting driver licensing activities. The | 29289 |
remaining fees collected by the registrar under this section shall | 29290 |
be paid into the state bureau of motor vehicles fund established | 29291 |
in section 4501.25 of the Revised Code. | 29292 |
(H) A disabled veteran who has a service-connected | 29293 |
disability rated at one hundred per cent by the veterans' | 29294 |
administration may apply to the registrar or a deputy registrar | 29295 |
for the issuance to that veteran, without the payment of any fee | 29296 |
prescribed in this section, of any of the following items: | 29297 |
(1) A temporary instruction permit and examination; | 29298 |
(2) A new, renewal, or duplicate driver's or commercial | 29299 |
driver's license; | 29300 |
(3) A motorcycle operator's endorsement; | 29301 |
(4) A motorized bicycle license or duplicate thereof; | 29302 |
(5) Lamination of a driver's license or motorized bicycle | 29303 |
license as provided in division (F) of this section, if the | 29304 |
circumstances specified in division (H)(5) of this section are | 29305 |
met. | 29306 |
If the driver's license or motorized bicycle license of a | 29307 |
disabled veteran described in division (H) of this section is | 29308 |
laminated by a deputy registrar who is acting as a deputy | 29309 |
registrar pursuant to a contract with the registrar that is in | 29310 |
effect on
| 29311 |
the disabled veteran shall be required to pay the deputy registrar | 29312 |
the lamination fee provided in division (F) of this section. If | 29313 |
the driver's license or motorized bicycle license of such a | 29314 |
disabled veteran is laminated by a deputy registrar who is acting | 29315 |
as a deputy registrar pursuant to a contract with the registrar | 29316 |
that is executed after
| 29317 |
October 14, 1997, the disabled veteran is not required to pay the | 29318 |
deputy registrar the lamination fee provided in division (F) of | 29319 |
this section. | 29320 |
A disabled veteran whose driver's license or motorized | 29321 |
bicycle license is laminated by the registrar is not required to | 29322 |
pay the registrar any lamination fee. | 29323 |
An application made under division (H) of this section shall | 29324 |
be accompanied by such documentary evidence of disability as the | 29325 |
registrar may require by rule. | 29326 |
Sec. 4507.24. (A) Except as provided in division (B) of | 29327 |
this section, each deputy registrar may collect a fee not to | 29328 |
exceed the following: | 29329 |
(1)
| 29330 |
commencing on July 1, 2001, four dollars and twenty-five cents | 29331 |
commencing on January 1, 2003, and four dollars and fifty cents | 29332 |
commencing on January 1, 2004, for each application for renewal of | 29333 |
a driver's license received by the deputy registrar, when the | 29334 |
applicant is required to submit to a screening of the applicant's | 29335 |
vision under section 4507.12 of the Revised Code; | 29336 |
(2)
| 29337 |
commencing on July 1, 2001, three dollars and twenty-five cents | 29338 |
commencing on January 1, 2003, and three dollars and fifty cents | 29339 |
commencing on January 1, 2004, for each application for a driver's | 29340 |
license, or motorized bicycle license, or for renewal of such a | 29341 |
license, received by the deputy registrar, when the applicant is | 29342 |
not required to submit to a screening of the applicant's vision | 29343 |
under section 4507.12 of the Revised Code. | 29344 |
(B) The fees prescribed by division (A) of this section | 29345 |
shall be in addition to the fee for a temporary instruction permit | 29346 |
and examination, a driver's license, a motorized bicycle license, | 29347 |
or duplicates thereof, and shall compensate the deputy registrar | 29348 |
for the deputy registrar's services, for office and rental | 29349 |
expense, and for costs as provided in division (C) of this | 29350 |
section, as are necessary for the proper discharge of the deputy | 29351 |
registrar's duties under sections 4507.01 to 4507.39 of the | 29352 |
Revised Code. | 29353 |
A disabled veteran who has a service-connected disability | 29354 |
rated at one hundred per cent by the veterans' administration is | 29355 |
required to pay the applicable fee prescribed in division (A) of | 29356 |
this section if the disabled veteran submits an application for a | 29357 |
driver's license or motorized bicycle license or a renewal of | 29358 |
either of these licenses to a deputy registrar who is acting as a | 29359 |
deputy registrar pursuant to a contract with the registrar that is | 29360 |
in effect on the effective date of this amendment. The disabled | 29361 |
veteran also is required to submit with the disabled veteran's | 29362 |
application such documentary evidence of disability as the | 29363 |
registrar may require by rule. | 29364 |
A disabled veteran who submits an application described in | 29365 |
this division is not required to pay either of the fees prescribed | 29366 |
in division (A) of this section if the disabled veteran submits | 29367 |
the application to a deputy registrar who is acting as a deputy | 29368 |
registrar pursuant to a contract with the registrar that is | 29369 |
executed after the effective date of this amendment. The disabled | 29370 |
veteran still is required to submit with the disabled veteran's | 29371 |
application such documentary evidence of disability as the | 29372 |
registrar may require by rule. | 29373 |
A disabled veteran who submits an application described in | 29374 |
this division directly to the registrar is not required to pay | 29375 |
either of the fees prescribed in division (A) of this section if | 29376 |
the disabled veteran submits with the disabled veteran's | 29377 |
application such documentary evidence of disability as the | 29378 |
registrar may require by rule. | 29379 |
(C) Each deputy registrar shall transmit to the registrar of | 29380 |
motor vehicles, at such time and in such manner as the registrar | 29381 |
shall require by rule, an amount of each fee collected under | 29382 |
division (A)(1) of this section as shall be determined by the | 29383 |
registrar. The registrar shall pay all such moneys so received | 29384 |
into the state bureau of motor vehicles fund created in section | 29385 |
4501.25 of the Revised Code. | 29386 |
Sec. 4507.50. (A) The registrar of motor vehicles or a | 29387 |
deputy registrar, upon receipt of an application filed in | 29388 |
compliance with section 4507.51 of the Revised Code by any person | 29389 |
who is a resident or a temporary resident of this state and, | 29390 |
except as otherwise provided in this section, is not licensed as | 29391 |
an operator of a motor vehicle in this state or another licensing | 29392 |
jurisdiction, and, except as provided in division (B) of this | 29393 |
section, upon receipt of a fee of three dollars and fifty cents, | 29394 |
shall issue an identification card to that person. | 29395 |
Any person who is a resident or temporary resident of this | 29396 |
state whose Ohio driver's or commercial driver's license has been | 29397 |
suspended or revoked, upon application in compliance with section | 29398 |
4507.51 of the Revised Code and, except as provided in division | 29399 |
(B)
| 29400 |
fifty cents, may be issued a temporary identification card. The | 29401 |
temporary identification card shall be identical to an | 29402 |
identification card, except that it shall be printed on its face | 29403 |
with a statement that the card is valid during the effective dates | 29404 |
of the suspension or revocation of the cardholder's license, or | 29405 |
until the birthday of the cardholder in the fourth year after the | 29406 |
date on which it is issued, whichever is shorter. The cardholder | 29407 |
shall surrender the identification card to the registrar or any | 29408 |
deputy registrar before the cardholder's driver's or commercial | 29409 |
driver's license is restored or reissued. | 29410 |
Except as provided in division (B) of this section, the | 29411 |
deputy registrar shall be allowed a fee of
| 29412 |
29413 | |
dollars and twenty-five cents commencing on January 1, 2003, and | 29414 |
three dollars and fifty cents commencing on January 1, 2004, for | 29415 |
each identification card issued under this section. The fee | 29416 |
allowed to the deputy registrar shall be in addition to the fee | 29417 |
for issuing an identification card. | 29418 |
Neither the registrar nor any deputy registrar shall charge a | 29419 |
fee in excess of one dollar and fifty cents for laminating an | 29420 |
identification card
| 29421 |
temporary permit packet identification card. A deputy registrar | 29422 |
laminating such a card shall retain the entire amount of the fee | 29423 |
charged for lamination, less the actual cost to the registrar of | 29424 |
the laminating materials used for that lamination, as specified in | 29425 |
the contract executed by the bureau for the laminating materials | 29426 |
and laminating equipment. The deputy registrar shall forward the | 29427 |
amount of the cost of the laminating materials to the registrar | 29428 |
for deposit as provided in this section. | 29429 |
The fee collected for issuing an identification card under | 29430 |
this section, except the fee allowed to the deputy registrar, | 29431 |
shall be paid into the state treasury to the credit of the state | 29432 |
bureau of motor vehicles fund created in section 4501.25 of the | 29433 |
Revised Code. | 29434 |
(B) A disabled veteran who has a service-connected | 29435 |
disability rated at one hundred per cent by the veterans' | 29436 |
administration may apply to the registrar or a deputy registrar | 29437 |
for the issuance to that veteran of an identification card or a | 29438 |
temporary identification card under this section without payment | 29439 |
of any fee prescribed in division (A) of this section, including | 29440 |
any lamination fee. | 29441 |
If the identification card or temporary identification card | 29442 |
of a disabled veteran described in this division is laminated by a | 29443 |
deputy registrar who is acting as a deputy registrar pursuant to a | 29444 |
contract with the registrar that is in effect on the effective | 29445 |
date of this amendment, the disabled veteran shall pay the deputy | 29446 |
registrar the lamination fee prescribed in division (A) of this | 29447 |
section. If the identification card or temporary identification | 29448 |
card is laminated by a deputy registrar who is acting as a deputy | 29449 |
registrar pursuant to a contract with the registrar that is | 29450 |
executed after
| 29451 |
the disabled veteran is not required to pay the deputy registrar | 29452 |
the lamination fee prescribed in division (A) of this section. | 29453 |
A disabled veteran whose identification card or temporary | 29454 |
identification card is laminated by the registrar is not required | 29455 |
to pay the registrar any lamination fee. | 29456 |
An application made under division (A) of this section shall | 29457 |
be accompanied by such documentary evidence of disability as the | 29458 |
registrar may require by rule. | 29459 |
Sec. 4507.52. Each identification card issued by the | 29460 |
registrar of motor vehicles or a deputy registrar shall display a | 29461 |
distinguishing number assigned to the cardholder, and shall | 29462 |
display the following inscription: | 29463 |
29464 |
This card is not valid for the purpose of operating a motor | 29465 |
vehicle. It is provided solely for the purpose of establishing | 29466 |
the identity of the bearer described on the card, who currently is | 29467 |
not licensed to operate a motor vehicle in the state of Ohio." | 29468 |
The identification card shall display substantially the same | 29469 |
information as contained in the application and as described in | 29470 |
division (A)(1) of section 4507.51 of the Revised Code, including | 29471 |
the cardholder's social security number unless the cardholder | 29472 |
specifically requests that the cardholder's social security number | 29473 |
not be displayed on the card. If federal law requires the | 29474 |
cardholder's social security number to be displayed on the | 29475 |
identification card, the social security number shall be displayed | 29476 |
on the card notwithstanding a request to not display the number | 29477 |
pursuant to this section. The identification card also shall | 29478 |
display the color photograph of the cardholder. If the cardholder | 29479 |
has executed a durable power of attorney for health care or a | 29480 |
declaration governing the use or continuation, or the withholding | 29481 |
or withdrawal, of life-sustaining treatment and has specified that | 29482 |
the cardholder wishes the identification card to indicate that the | 29483 |
cardholder has executed either type of instrument, the card also | 29484 |
shall display any symbol chosen by the registrar to indicate that | 29485 |
the cardholder has executed either type of instrument. The card | 29486 |
shall be sealed in transparent plastic or similar material and | 29487 |
shall be so designed as to prevent its reproduction or alteration | 29488 |
without ready detection. | 29489 |
The identification card for persons under twenty-one years of | 29490 |
age shall have characteristics prescribed by the registrar | 29491 |
distinguishing it from that issued to a person who is twenty-one | 29492 |
years of age or older, except that an identification card issued | 29493 |
to a person who applies no more than thirty days before the | 29494 |
applicant's twenty-first birthday shall have the characteristics | 29495 |
of an identification card issued to a person who is twenty-one | 29496 |
years of age or older. | 29497 |
Every identification card issued to a resident of this state | 29498 |
shall expire, unless canceled or surrendered earlier, on the | 29499 |
birthday of the cardholder in the fourth year after the date on | 29500 |
which it is issued. Every identification card issued to a | 29501 |
temporary resident shall expire in accordance with rules adopted | 29502 |
by the registrar and is nonrenewable, but may be replaced with a | 29503 |
new identification card upon the applicant's compliance with all | 29504 |
applicable requirements. A cardholder may renew the cardholder's | 29505 |
identification card within ninety days prior to the day on which | 29506 |
it expires by filing an application and paying the prescribed fee | 29507 |
in accordance with section 4507.50 of the Revised Code. | 29508 |
If a cardholder applies for a driver's or commercial driver's | 29509 |
license in this state or another licensing jurisdiction, the | 29510 |
cardholder shall surrender the cardholder's identification card to | 29511 |
the registrar or any deputy registrar before the license is | 29512 |
issued. | 29513 |
If a card is lost, destroyed, or mutilated, the person to | 29514 |
whom the card was issued may obtain a duplicate by doing both of | 29515 |
the following: | 29516 |
(A) Furnishing suitable proof of the loss, destruction, or | 29517 |
mutilation to the registrar or a deputy registrar; | 29518 |
(B) Filing an application and presenting documentary | 29519 |
evidence under section 4507.51 of the Revised Code. | 29520 |
Any person who loses a card and, after obtaining a duplicate, | 29521 |
finds the original, immediately shall surrender the original to | 29522 |
the registrar or a deputy registrar. | 29523 |
A cardholder may obtain a replacement identification card | 29524 |
that reflects any change of the cardholder's name by furnishing | 29525 |
suitable proof of the change to the registrar or a deputy | 29526 |
registrar and surrendering the cardholder's existing card. | 29527 |
When a cardholder applies for a duplicate or obtains a | 29528 |
replacement identification card, the cardholder shall pay a fee of | 29529 |
| 29530 |
2001, three dollars and twenty-five cents commencing on January 1, | 29531 |
2003, and three dollars and fifty cents commencing on January 1, | 29532 |
2004. A deputy registrar shall be allowed an additional fee of | 29533 |
two dollars and twenty-five cents for issuing a duplicate or | 29534 |
replacement identification card. A disabled veteran who is a | 29535 |
cardholder and has a service-connected disability rated at one | 29536 |
hundred per cent by the veterans' administration may apply to the | 29537 |
registrar or a deputy registrar for the issuance of a duplicate or | 29538 |
replacement identification card without payment of any fee | 29539 |
prescribed in this section, and without payment of any lamination | 29540 |
fee if the disabled veteran would not be required to pay a | 29541 |
lamination fee in connection with the issuance of an | 29542 |
identification card or temporary identification card as provided | 29543 |
in division (B) of section 4507.50 of the Revised Code. | 29544 |
A duplicate or replacement identification card shall expire | 29545 |
on the same date as the card it replaces. | 29546 |
The registrar shall cancel any card upon determining that the | 29547 |
card was obtained unlawfully, issued in error, or was altered. The | 29548 |
registrar also shall cancel any card that is surrendered to the | 29549 |
registrar or to a deputy registrar after the holder has obtained a | 29550 |
duplicate, replacement, or driver's or commercial driver's | 29551 |
license. | 29552 |
No agent of the state or its political subdivisions shall | 29553 |
condition the granting of any benefit, service, right, or | 29554 |
privilege upon the possession by any person of an identification | 29555 |
card. Nothing in this section shall preclude any publicly | 29556 |
operated or franchised transit system from using an identification | 29557 |
card for the purpose of granting benefits or services of the | 29558 |
system. | 29559 |
No person shall be required to apply for, carry, or possess | 29560 |
an identification card. | 29561 |
(C) Except in regard to an identification card issued to a | 29562 |
person who applies no more than thirty days before the applicant's | 29563 |
twenty-first birthday, neither the registrar nor any deputy | 29564 |
registrar shall issue an identification card to a person under | 29565 |
twenty-one years of age that does not have the characteristics | 29566 |
prescribed by the registrar distinguishing it from the | 29567 |
identification card issued to persons who are twenty-one years of | 29568 |
age or older. | 29569 |
Sec. 4511.81. (A) When any child who is in either or both | 29570 |
of the following categories is being transported in a motor | 29571 |
vehicle, other than a taxicab or public safety vehicle as defined | 29572 |
in section 4511.01 of the Revised Code, that is registered in this | 29573 |
state and is required by the United States department of | 29574 |
transportation to be equipped with seat belts at the time of | 29575 |
manufacture or assembly, the operator of the motor vehicle shall | 29576 |
have the child properly secured in accordance with the | 29577 |
manufacturer's instructions in a child restraint system that meets | 29578 |
federal motor vehicle safety standards: | 29579 |
(1) A child who is less than four years of age; | 29580 |
(2) A child who weighs less than forty pounds. | 29581 |
(B) When any child who is in either or both of the following | 29582 |
categories is being transported in a motor vehicle, other than a | 29583 |
taxicab, that is registered in this state and is owned, leased, or | 29584 |
otherwise under the control of a nursery school, kindergarten, or | 29585 |
day-care center, the operator of the motor vehicle shall have the | 29586 |
child properly secured in accordance with the manufacturer's | 29587 |
instructions in a child restraint system that meets federal motor | 29588 |
vehicle safety standards: | 29589 |
(1) A child who is less than four years of age; | 29590 |
(2) A child who weighs less than forty pounds. | 29591 |
(C) The director of public safety shall adopt such rules as | 29592 |
are necessary to carry out this section. | 29593 |
(D) The failure of an operator of a motor vehicle to secure | 29594 |
a child in a child restraint system as required by this section is | 29595 |
not negligence imputable to the child, is not admissible as | 29596 |
evidence in any civil action involving the rights of the child | 29597 |
against any other person allegedly liable for injuries to the | 29598 |
child, is not to be used as a basis for a criminal prosecution of | 29599 |
the operator of the motor vehicle other than a prosecution for a | 29600 |
violation of this section, and is not admissible as evidence in | 29601 |
any criminal action involving the operator of the motor vehicle | 29602 |
other than a prosecution for a violation of this section. | 29603 |
(E) This section does not apply when an emergency exists | 29604 |
that threatens the life of any person operating a motor vehicle | 29605 |
and to whom this section otherwise would apply or the life of any | 29606 |
child who otherwise would be required to be restrained under this | 29607 |
section. | 29608 |
(F) If a person who is not a resident of this state is | 29609 |
charged with a violation of division (A) or (B) of this section | 29610 |
and does not prove to the court, by a preponderance of the | 29611 |
evidence, that the person's use or nonuse of a child restraint | 29612 |
system was in accordance with the law of the state of which the | 29613 |
person is a resident, the court shall impose the fine levied by | 29614 |
division (H)(2) of section 4511.99 of the Revised Code. | 29615 |
(G) There is hereby created in the state treasury the "child | 29616 |
highway safety fund," consisting of fines imposed pursuant to | 29617 |
divisions (H)(1) and (2) of section 4511.99 of the Revised Code | 29618 |
for violations of divisions (A) and (B) of this section. The | 29619 |
money in the fund shall be used by the department of health only | 29620 |
to defray the cost of
| 29621 |
trauma centers
under section
| 29622 |
and to establish and administer a child highway safety program. | 29623 |
The purpose of the program shall be to educate the public about | 29624 |
child restraint systems generally and the importance of their | 29625 |
proper use. The program also shall include a process for | 29626 |
providing child restraint systems to persons who meet the | 29627 |
eligibility criteria established by the department, and a | 29628 |
toll-free telephone number the public may utilize to obtain | 29629 |
information about child restraint systems and their proper use. | 29630 |
The director of health, in accordance with Chapter 119. of | 29631 |
the Revised Code, shall adopt any rules necessary to carry out | 29632 |
this section, including rules establishing the criteria a person | 29633 |
must meet in order to receive a child restraint system under the | 29634 |
department's child restraint system program; provided that rules | 29635 |
relating to the verification of pediatric trauma centers shall not | 29636 |
be adopted under this section. | 29637 |
Sec. 4519.03. (A) The owner of every snowmobile, | 29638 |
off-highway motorcycle, and all-purpose vehicle required to be | 29639 |
registered under section 4519.02 of the Revised Code shall file an | 29640 |
application for registration with the registrar of motor vehicles | 29641 |
or a deputy registrar, on blanks furnished by the registrar for | 29642 |
that purpose and containing all of the following information: | 29643 |
(1) A brief description of the snowmobile, off-highway | 29644 |
motorcycle, or all-purpose vehicle, including the name of the | 29645 |
manufacturer, the factory or model number, and the vehicle | 29646 |
identification number; | 29647 |
(2) The name, residence, and business address of the owner; | 29648 |
(3) A statement that the snowmobile, off-highway motorcycle, | 29649 |
or all-purpose vehicle is equipped as required by section 4519.20 | 29650 |
of the Revised Code, and any rule adopted thereunder. The | 29651 |
statement shall include a check list of the required equipment | 29652 |
items in such form as the registrar shall prescribe. | 29653 |
The application shall be signed by the owner of the | 29654 |
snowmobile, off-highway motorcycle, or all-purpose vehicle and | 29655 |
shall be accompanied by a fee as provided in division (C) of | 29656 |
section 4519.04 of the Revised Code. | 29657 |
If the application is not in proper form, or if the vehicle | 29658 |
for which registration is sought does not appear to be equipped as | 29659 |
required by section 4519.20 of the Revised Code or any rule | 29660 |
adopted thereunder, the registration shall be refused and no | 29661 |
registration sticker shall be issued. | 29662 |
(B) On and after
| 29663 |
1, 1999, no certificate of registration or renewal of such a | 29664 |
certificate shall be issued for an off-highway motorcycle or | 29665 |
all-purpose vehicle required to be registered under section | 29666 |
4519.02 of the Revised Code, and no certificate of registration | 29667 |
issued under this chapter for an off-highway motorcycle or | 29668 |
all-purpose vehicle that is sold or otherwise transferred shall be | 29669 |
transferred to the new owner of the off-highway motorcycle or | 29670 |
all-purpose vehicle as permitted by division (B) of section | 29671 |
4519.05 of the Revised Code, unless a certificate of title has | 29672 |
been issued under this chapter for the motorcycle or vehicle, and | 29673 |
the owner or new owner, as the case may be, presents the | 29674 |
certificate of title or a memorandum certificate of title for | 29675 |
inspection at the time the owner or new owner first submits a | 29676 |
registration application, registration renewal application, or | 29677 |
registration transfer application for the motorcycle or vehicle on | 29678 |
or after
| 29679 |
(C) When the owner of an off-highway motorcycle or | 29680 |
all-purpose vehicle first registers it in the owner's name, and a | 29681 |
certificate of title has been issued for the motorcycle or | 29682 |
vehicle, the owner shall present for inspection a certificate of | 29683 |
title or memorandum certificate of title showing title to the | 29684 |
off-highway motorcycle or all-purpose vehicle in the name of the | 29685 |
owner. If, when the owner of such a motorcycle or vehicle first | 29686 |
makes application to register it in the owner's name, the | 29687 |
application is not in proper form or if the certificate of title | 29688 |
or memorandum certificate of title does not accompany the | 29689 |
registration, the registration shall be refused and neither a | 29690 |
certificate of registration nor a registration sticker shall be | 29691 |
issued. When a certificate of registration and registration | 29692 |
sticker are issued upon the first registration of an off-highway | 29693 |
motorcycle or all-purpose vehicle by or on behalf of the owner, | 29694 |
the official issuing them shall indicate the issuance with a stamp | 29695 |
on the certificate of title or memorandum certificate of title. | 29696 |
(D) Each deputy registrar shall be allowed a fee of
| 29697 |
29698 | |
2001, three dollars and twenty-five cents commencing on January 1, | 29699 |
2003, and three dollars and fifty cents commencing on January 1, | 29700 |
2004, for each application or renewal application received by the | 29701 |
deputy registrar, which shall be for the purpose of compensating | 29702 |
the deputy registrar for services, and office and rental expense, | 29703 |
as may be necessary for the proper discharge of the deputy | 29704 |
registrar's duties in the receiving of applications and the | 29705 |
issuing of certificates of registration. | 29706 |
Each deputy registrar, upon receipt of any application for | 29707 |
registration, together with the registration fee, shall transmit | 29708 |
the fee, together with the original and duplicate copy of the | 29709 |
application, to the registrar in such manner and at such times as | 29710 |
the registrar, subject to the approval of the director of public | 29711 |
safety and the treasurer of state, shall prescribe by rule. | 29712 |
Sec. 4519.10. (A) The purchaser of an off-highway | 29713 |
motorcycle or all-purpose vehicle, upon application and proof of | 29714 |
purchase, may obtain a temporary license placard for it. The | 29715 |
application for such a placard shall be signed by the purchaser of | 29716 |
the off-highway motorcycle or all-purpose vehicle. The temporary | 29717 |
license placard shall be issued only for the applicant's use of | 29718 |
the off-highway motorcycle or all-purpose vehicle to enable the | 29719 |
applicant to operate it legally while proper title and a | 29720 |
registration sticker are being obtained and shall be displayed on | 29721 |
no other off-highway motorcycle or all-purpose vehicle. A | 29722 |
temporary license placard issued under this section shall be in a | 29723 |
form prescribed by the registrar of motor vehicles, shall differ | 29724 |
in some distinctive manner from a placard issued under section | 29725 |
4503.182 of the Revised Code, shall be valid for a period of | 29726 |
thirty days from the date of issuance, and shall not be | 29727 |
transferable or renewable. The placard either shall consist of or | 29728 |
be coated with such material as will enable it to remain legible | 29729 |
and relatively intact despite the environmental conditions to | 29730 |
which the placard is likely to be exposed during the thirty-day | 29731 |
period for which it is valid. The purchaser of an off-highway | 29732 |
motorcycle or all-purpose vehicle shall attach the temporary | 29733 |
license placard to it, in a manner prescribed by rules the | 29734 |
registrar shall adopt, so that the placard numerals or letters are | 29735 |
clearly visible. | 29736 |
The fee for a temporary license placard issued under this | 29737 |
section shall be two dollars. If the placard is issued by a | 29738 |
deputy registrar, the deputy registrar shall charge an additional | 29739 |
fee of
| 29740 |
on July 1, 2001, three dollars and twenty-five cents commencing on | 29741 |
January 1, 2003, and three dollars and fifty cents commencing on | 29742 |
January 1, 2004, which the deputy registrar shall retain. The | 29743 |
deputy registrar shall transmit each two-dollar fee received by | 29744 |
the deputy registrar under this section to the registrar, who | 29745 |
shall pay the two dollars to the treasurer of state for deposit | 29746 |
into the state bureau of motor vehicles fund established by | 29747 |
section 4501.25 of the Revised Code. | 29748 |
(B) The registrar may issue temporary license placards to a | 29749 |
dealer to be issued to purchasers for use on vehicles sold by the | 29750 |
dealer, in accordance with rules prescribed by the registrar. The | 29751 |
dealer shall notify the registrar within forty-eight hours of | 29752 |
proof of issuance on a form prescribed by the registrar. | 29753 |
The fee for each such placard issued by the registrar to a | 29754 |
dealer shall be two dollars plus a fee of two dollars and | 29755 |
twenty-five cents. | 29756 |
Sec. 4519.56. (A) An application for a certificate of title | 29757 |
shall be sworn to before a notary public or other officer | 29758 |
empowered to administer oaths by the lawful owner or purchaser of | 29759 |
the off-highway motorcycle or all-purpose vehicle and shall | 29760 |
contain at least the following information in a form and together | 29761 |
with any other information the registrar of motor vehicles may | 29762 |
require: | 29763 |
(1) Name, address, and social security number or employer's | 29764 |
tax identification number of the applicant; | 29765 |
(2) Statement of how the off-highway motorcycle or | 29766 |
all-purpose vehicle was acquired; | 29767 |
(3) Name and address of the previous owner; | 29768 |
(4) A statement of all liens, mortgages, or other | 29769 |
encumbrances on the off-highway motorcycle or all-purpose vehicle, | 29770 |
and the name and address of each holder thereof; | 29771 |
(5) If there are no outstanding liens, mortgages, or other | 29772 |
encumbrances, a statement of that fact; | 29773 |
(6) A description of the off-highway motorcycle or | 29774 |
all-purpose vehicle, including the make, year, series or model, if | 29775 |
any, body type, and manufacturer's vehicle identification number. | 29776 |
If the off-highway motorcycle or all-purpose vehicle contains | 29777 |
a permanent identification number placed thereon by the | 29778 |
manufacturer, this number shall be used as the vehicle | 29779 |
identification number. Except as provided in division (B) of this | 29780 |
section, if the application for a certificate of title refers to | 29781 |
an off-highway motorcycle or all-purpose vehicle that contains | 29782 |
such a permanent identification number, but for which no | 29783 |
certificate of title has been issued previously by this state, the | 29784 |
application shall be accompanied by a physical inspection | 29785 |
certificate as described in that division. | 29786 |
If there is no manufacturer's vehicle identification number | 29787 |
or if the manufacturer's vehicle identification number has been | 29788 |
removed or obliterated, the registrar, upon receipt of a | 29789 |
prescribed application and proof of ownership, but prior to | 29790 |
issuance of a certificate of title, shall assign a vehicle | 29791 |
identification number for the off-highway motorcycle or | 29792 |
all-purpose vehicle. This assigned vehicle identification number | 29793 |
shall be permanently affixed to or imprinted upon the off-highway | 29794 |
motorcycle or all-purpose vehicle by the state highway patrol. The | 29795 |
state highway patrol shall assess a fee of fifty dollars for | 29796 |
affixing the number to the off-highway motorcycle or all-purpose | 29797 |
vehicle and shall deposit each such fee in the state highway | 29798 |
safety fund established by section 4501.06 of the Revised Code. | 29799 |
(B) Except in the case of a new off-highway motorcycle or | 29800 |
all-purpose vehicle sold by a dealer licensed under Chapter 4517. | 29801 |
of the Revised Code title to which is evidenced by a | 29802 |
manufacturer's or importer's certificate, if the application for a | 29803 |
certificate of title refers to an off-highway motorcycle or | 29804 |
all-purpose vehicle that contains a permanent identification | 29805 |
number placed thereon by the manufacturer, but for which no | 29806 |
certificate of title previously has been issued by this state, the | 29807 |
application shall be accompanied by a physical inspection | 29808 |
certificate issued by the department of public safety verifying | 29809 |
the make, year, series or model, if any, body type, and | 29810 |
manufacturer's vehicle identification number of the off-highway | 29811 |
motorcycle or all-purpose vehicle for which the certificate of | 29812 |
title is desired. The physical inspection certificate shall be in | 29813 |
such form as is designated by the registrar. The physical | 29814 |
inspection shall be made at a deputy registrar's office or at an | 29815 |
established place of business operated by a licensed motor vehicle | 29816 |
dealer. The deputy registrar or motor vehicle dealer may charge a | 29817 |
maximum fee of
| 29818 |
on July 1, 2001, three dollars and twenty-five cents commencing on | 29819 |
January 1, 2003, and three dollars and fifty cents commencing on | 29820 |
January 1, 2004, for conducting the physical inspection. | 29821 |
The clerk of the court of common pleas shall charge a fee of | 29822 |
one dollar and fifty cents for the processing of each physical | 29823 |
inspection certificate. The clerk shall retain fifty cents of the | 29824 |
one dollar and fifty cents so charged and shall pay the remaining | 29825 |
one dollar to the registrar by monthly returns, which shall be | 29826 |
forwarded to the registrar not later than the fifth day of the | 29827 |
month next succeeding that in which the certificate is received by | 29828 |
the clerk. The registrar shall pay such remaining sums into the | 29829 |
state bureau of motor vehicles fund established by section 4501.25 | 29830 |
of the Revised Code. | 29831 |
Sec. 4519.69. If the application for a certificate of title | 29832 |
refers to an off-highway motorcycle or all-purpose vehicle last | 29833 |
previously registered in another state, the application shall be | 29834 |
accompanied by a physical inspection certificate issued by the | 29835 |
department of public safety verifying the make, year, series or | 29836 |
model, if any, body type, and manufacturer's identification number | 29837 |
of the off-highway motorcycle or all-purpose vehicle for which the | 29838 |
certificate of title is desired. The physical inspection | 29839 |
certificate shall be in such form as is designated by the | 29840 |
registrar of motor vehicles. The physical inspection of the | 29841 |
off-highway motorcycle or all-purpose vehicle shall be made at a | 29842 |
deputy registrar's office, or at an established place of business | 29843 |
operated by a licensed motor vehicle dealer. Additionally, the | 29844 |
physical inspection of a salvage off-highway motorcycle or | 29845 |
all-purpose vehicle owned by an insurance company may be made at | 29846 |
an established place of business operated by a salvage motor | 29847 |
vehicle dealer licensed under Chapter 4738. of the Revised Code. | 29848 |
The deputy registrar, the motor vehicle dealer, or the salvage | 29849 |
motor vehicle
dealer may charge a maximum fee of
| 29850 |
29851 | |
dollars and twenty-five cents commencing on January 1, 2003, and | 29852 |
three dollars and fifty cents commencing on January 1, 2004, for | 29853 |
conducting the physical inspection. | 29854 |
The clerk of the court of common pleas shall charge a fee of | 29855 |
one dollar and fifty cents for the processing of each physical | 29856 |
inspection certificate. The clerk shall retain fifty cents of the | 29857 |
one dollar and fifty cents so charged and shall pay the remaining | 29858 |
one dollar to the registrar by monthly returns, which shall be | 29859 |
forwarded to the registrar not later than the fifth day of the | 29860 |
month next succeeding that in which the certificate is received by | 29861 |
the clerk. The registrar shall pay such remaining sums into the | 29862 |
state treasury to the credit of the state bureau of motor vehicles | 29863 |
fund established in section 4501.25 of the Revised Code. | 29864 |
Sec. 4701.10. (A) The accountancy board, upon application, | 29865 |
shall issue Ohio permits to practice public accounting to holders | 29866 |
of the
CPA certificate
| 29867 |
29868 | |
29869 | |
or the PA registration. Subject to division
| 29870 |
section, there shall be a triennial Ohio permit fee in an amount | 29871 |
to be determined by the board not to exceed one hundred fifty | 29872 |
dollars. All Ohio permits shall expire on the last day of | 29873 |
December of the year assigned by the board and, subject to | 29874 |
division
| 29875 |
for a period of three years by certificate holders and registrants | 29876 |
in good standing upon payment of a triennial renewal fee not to | 29877 |
exceed one hundred fifty dollars.
| 29878 |
29879 | |
29880 | |
29881 | |
29882 |
(B) The accountancy board may issue Ohio registrations to | 29883 |
holders of the CPA certificate and the PA registration who are not | 29884 |
engaged in the practice of public accounting. Such persons shall | 29885 |
not convey to the general public that they are actively engaged in | 29886 |
the practice of public accounting in this state. Subject to | 29887 |
division (H)(1) of this section, there shall be a triennial Ohio | 29888 |
registration fee in an amount to be determined by the board but | 29889 |
not exceeding fifty-five dollars. All Ohio registrations shall | 29890 |
expire on the last day of December of the year assigned by the | 29891 |
board and, subject to division (H)(1) of this section, shall be | 29892 |
renewed triennially for a period of three years upon payment by | 29893 |
certificate holders and registrants in good standing of a renewal | 29894 |
fee not to exceed fifty-five dollars. | 29895 |
(C) Any person who receives a CPA certificate and who | 29896 |
applies for an initial Ohio permit or Ohio registration more than | 29897 |
sixty days after issuance of the CPA certificate may, at the | 29898 |
board's discretion, be subject to a late filing fee not exceeding | 29899 |
one hundred dollars. | 29900 |
(D) Any person to whom the board has issued an Ohio permit | 29901 |
who is engaged in the practice of public accounting and who fails | 29902 |
to renew the permit by the expiration date shall be subject to a | 29903 |
late filing fee not exceeding one hundred dollars for each full | 29904 |
month or part of a month after the expiration date in which such | 29905 |
person did not possess a permit, up to a maximum of one thousand | 29906 |
two hundred dollars. The board may waive or reduce the late | 29907 |
filing fee for just cause upon receipt of a written request from | 29908 |
such person. | 29909 |
(E) Any person to whom the board has issued an Ohio permit | 29910 |
or Ohio registration who is not engaged in the practice of public | 29911 |
accounting and who fails to renew the permit or registration by | 29912 |
the expiration date shall be subject to a late filing fee not | 29913 |
exceeding fifty dollars for each full month or part of a month | 29914 |
after the expiration date in which such person did not possess a | 29915 |
permit or registration, up to a maximum of three hundred dollars. | 29916 |
The board may waive or reduce the late filing fee for just cause | 29917 |
upon receipt of a written request from such person. | 29918 |
(F)
Failure of
| 29919 |
registration holder to apply for
| 29920 |
| 29921 |
from the expiration date of the
Ohio permit
| 29922 |
registration last obtained or renewed, or
| 29923 |
from
the date upon which the
CPA certificate holder
| 29924 |
was
granted a
CPA certificate
| 29925 |
suspension of the CPA certificate or PA registration until all | 29926 |
fees required under divisions (D) and (E) of this section have | 29927 |
been paid, unless the board determines the failure to have been | 29928 |
due to excusable
neglect. In that case,
the
| 29929 |
fee for the issuance
or renewal of the
| 29930 |
Ohio registration, as the case may be, shall be the amount that | 29931 |
the board shall determine, but not in excess of fifty dollars plus | 29932 |
the fee for each triennial period or part of a period the | 29933 |
certificate holder or registrant did not have either an Ohio | 29934 |
permit or an Ohio registration. | 29935 |
| 29936 |
29937 | |
29938 | |
29939 | |
29940 | |
29941 |
| 29942 |
29943 | |
29944 | |
exempt persons from the requirement of holding an Ohio permit or | 29945 |
Ohio registration for specified reasons, including, but not | 29946 |
limited to, retirement, health reasons, military service, foreign | 29947 |
residency, or other just cause. | 29948 |
| 29949 |
rule
| 29950 |
29951 |
(a) May provide for the issuance of Ohio permits and Ohio | 29952 |
registrations for less than three years' duration at prorated | 29953 |
fees; | 29954 |
(b) Shall add a surcharge to the
| 29955 |
| 29956 |
of at least fifteen dollars but no more than thirty dollars for a | 29957 |
three-year Ohio permit or Ohio registration, at least ten dollars | 29958 |
but no more than twenty dollars for a two-year Ohio permit or Ohio | 29959 |
registration, and at least five dollars but no more than ten | 29960 |
dollars for a one-year Ohio permit or Ohio registration. | 29961 |
(2)
| 29962 |
quarter
| 29963 |
4743.05 of the Revised Code, shall certify to the director of | 29964 |
budget and management the number of
| 29965 |
Ohio registrations issued or renewed under this chapter during the | 29966 |
preceding quarter and the amount equal to that number times the | 29967 |
amount
| 29968 |
permit and
| 29969 |
under
division
| 29970 |
Sec. 4701.16. (A) After notice and hearing as provided in | 29971 |
Chapter 119. of the Revised Code, the accountancy board may | 29972 |
discipline as described in division (B) of this section a person | 29973 |
holding an Ohio permit, an Ohio registration, a firm registration, | 29974 |
a CPA certificate, or a PA registration or any other person whose | 29975 |
activities are regulated by the board for any one or any | 29976 |
combination of the following causes: | 29977 |
(1) Fraud or deceit in obtaining a firm registration or in | 29978 |
obtaining a CPA certificate, a PA registration, an Ohio permit, or | 29979 |
an Ohio registration; | 29980 |
(2) Dishonesty, fraud, or gross negligence in the practice | 29981 |
of public accounting; | 29982 |
(3) Violation of any of the provisions of section 4701.14 of | 29983 |
the Revised Code; | 29984 |
(4) Violation of a rule of professional conduct promulgated | 29985 |
by the board under the authority granted by this chapter; | 29986 |
(5) Conviction of a felony under the laws of any state or of | 29987 |
the United States; | 29988 |
(6) Conviction of any crime, an element of which is | 29989 |
dishonesty or fraud, under the laws of any state or of the United | 29990 |
States; | 29991 |
(7) Cancellation, revocation, suspension, or refusal to | 29992 |
renew authority to practice as a certified public accountant, a | 29993 |
public accountant, or a public accounting firm by any other state, | 29994 |
for any cause other than failure to pay registration fees in that | 29995 |
other state; | 29996 |
(8) Suspension or revocation of the right to practice before | 29997 |
any state or federal agency; | 29998 |
(9) Failure of a holder of a CPA certificate or PA | 29999 |
registration to obtain an Ohio permit or an Ohio registration, or | 30000 |
the failure of a public accounting firm to obtain a firm | 30001 |
registration; | 30002 |
(10) Conduct discreditable to the public accounting | 30003 |
profession or to the holder of an Ohio permit, Ohio registration, | 30004 |
or foreign certificate; | 30005 |
(11) Failure of a public accounting firm to comply with | 30006 |
section 4701.04 of the Revised Code. | 30007 |
(B) For any of the reasons specified in division (A) of this | 30008 |
section, the board may do any of the following: | 30009 |
(1) Revoke, suspend, or refuse to renew any CPA certificate | 30010 |
or PA registration or any Ohio permit, Ohio registration, or firm | 30011 |
registration; | 30012 |
(2) Disqualify a person who is not a holder of an Ohio | 30013 |
permit or a foreign certificate from owning an equity interest in | 30014 |
a public accounting firm or qualified firm; | 30015 |
(3) Publicly censure a registered firm or a holder of a CPA | 30016 |
certificate, a PA registration, an Ohio permit, or an Ohio | 30017 |
registration; | 30018 |
(4) Levy against a registered firm or a holder of a CPA | 30019 |
certificate, a PA registration, an Ohio permit, or an Ohio | 30020 |
registration
a penalty or fine not to exceed
| 30021 |
dollars for each offense. Any fine shall be reasonable and in | 30022 |
relation to the severity of the offense. | 30023 |
(5) In the case of violations of division (A)(2) or (4) of | 30024 |
this section, require completion of remedial continuing education | 30025 |
programs prescribed by the board in addition to those required by | 30026 |
section 4701.11 of the Revised Code; | 30027 |
(6) In the case of violations of division (A)(2) or (4) of | 30028 |
this section, require the holder of a CPA certificate, PA | 30029 |
registration, or firm registration to submit to a peer review by a | 30030 |
professional committee designated by the board, which committee | 30031 |
shall report to the board concerning that holder's compliance with | 30032 |
generally accepted accounting principles, generally accepted | 30033 |
auditing standards, or other generally accepted technical | 30034 |
standards; | 30035 |
(7) Revoke or suspend the privileges to offer or render | 30036 |
attest services in this state or to use a CPA title or designation | 30037 |
in this state of an individual who holds a foreign certificate. | 30038 |
(C) If the board levies a fine against or suspends the | 30039 |
certificate of a person or registration of a person or firm for a | 30040 |
violation of division (A)(2) or (4) of this section, it may waive | 30041 |
all or any portion of the fine or suspension if the holder of the | 30042 |
CPA certificate, PA registration, or firm registration complies | 30043 |
fully with division (B)(5) or (6) of this section. | 30044 |
Sec. 4707.01. As used in sections 4707.01 to 4707.22 and | 30045 |
4707.99 of the Revised Code: | 30046 |
(A) "Auction" means a sale of real or personal property, | 30047 |
goods, or chattels by means of verbal exchange or physical gesture | 30048 |
between an auctioneer or apprentice auctioneer and
members of
| 30049 |
the audience, the exchanges and gestures consisting of a series of | 30050 |
invitations for offers made by the auctioneer and offers by | 30051 |
members of the audience, with the right to acceptance of offers | 30052 |
with the auctioneer or apprentice auctioneer. | 30053 |
(B) "Auctioneer" means any person who engages, or who by | 30054 |
advertising or otherwise holds
| 30055 |
engage, in the calling for, recognition of, and the acceptance of, | 30056 |
offers for the purchase of real or personal property, goods, or | 30057 |
chattels at auction either directly or through the use of other | 30058 |
licensed auctioneers or apprentice auctioneers. | 30059 |
(C) "Apprentice auctioneer" means any individual who is | 30060 |
sponsored by an auctioneer to deal or engage in any activities | 30061 |
mentioned in division (A) of this section. | 30062 |
(D) "Auction company" means any person, excluding licensed | 30063 |
auctioneers, who does business solely in
| 30064 |
individual name, who sells, either directly or through agents, | 30065 |
real or personal property, goods, or chattels at auction, or who | 30066 |
arranges, sponsors, manages, conducts, or advertises auctions and | 30067 |
who was licensed as an auction company by the department of | 30068 |
| 30069 |
not mean either of the following: | 30070 |
(1) A sale barn or livestock auction market that is used | 30071 |
exclusively for the auctioneering of livestock and is licensed by | 30072 |
the department of agriculture under Chapter 943. of the Revised | 30073 |
Code; | 30074 |
(2) A business that is licensed by the bureau of motor | 30075 |
vehicles under Chapter 4517. of the Revised Code and is | 30076 |
exclusively engaged in the auction sale of motor vehicles to | 30077 |
dealers licensed by either the bureau of motor vehicles or a | 30078 |
bureau of motor vehicles of another jurisdiction or its | 30079 |
equivalent. | 30080 |
(E) "Special auctioneer" means any person who is licensed as | 30081 |
an auction company by the department of
| 30082 |
May 1, 1991, and currently is subject to section 4707.071 of the | 30083 |
Revised Code. | 30084 |
Sec. 4707.011. The department of
| 30085 |
administer this chapter
| 30086 |
30087 | |
30088 |
Sec. 4707.02. No person shall act as an auctioneer, | 30089 |
apprentice auctioneer, or special auctioneer within this state | 30090 |
without a license issued by the department of
| 30091 |
agriculture. No auction shall be conducted in this state except | 30092 |
by an auctioneer licensed by the department. | 30093 |
The department shall not issue or renew a license if the | 30094 |
applicant or licensee has been convicted of a felony or crime | 30095 |
involving fraud in this or another state at any time during the | 30096 |
ten years immediately preceding application or renewal. | 30097 |
This section does not apply to: | 30098 |
(A) Sales at auction conducted by or under the direction of | 30099 |
any public authority, or sales required by law to be at auction | 30100 |
other than sales pursuant to a judicial order or decree; | 30101 |
(B) The owner of any real or personal property desiring to | 30102 |
sell the property at auction, provided that the property was not | 30103 |
acquired for the purpose of resale. | 30104 |
Sec. 4707.03. A state auctioneers commission shall be | 30105 |
created within the department of
| 30106 |
(A) The governor, with the advice and consent of the senate, | 30107 |
shall appoint a commission consisting of three members, each of | 30108 |
whom immediately prior to the date of
| 30109 |
resident of this state for five years, and whose vocation for a | 30110 |
period of at least five years has been that of an auctioneer. | 30111 |
Terms of office shall be for three years, commencing on the tenth | 30112 |
day of October and ending on the ninth day of October. Each | 30113 |
member shall hold office from the date of
| 30114 |
the end of the term for which
| 30115 |
appointed to fill a vacancy occurring prior to the expiration of | 30116 |
the term for which
| 30117 |
shall hold office for the remainder of such term. Any member | 30118 |
shall continue in office subsequent to the expiration date of
| 30119 |
the member's
term until
| 30120 |
or until a period of sixty days has elapsed, whichever occurs | 30121 |
first. | 30122 |
(B) At no time shall there be more than two members of the | 30123 |
same political party serving on the commission. | 30124 |
Sec. 4707.04. (A) The state auctioneers commission shall, | 30125 |
upon qualification of the member appointed in each year, select | 30126 |
from its members a
| 30127 |
advisory capacity to the department of
| 30128 |
the purpose of carrying out sections 4707.01 to 4707.22 of the | 30129 |
Revised Code. The commission shall meet not less than four times | 30130 |
annually. | 30131 |
(B) Each commissioner shall receive
| 30132 |
actual and necessary expenses incurred in the discharge of such | 30133 |
duties. | 30134 |
Sec. 4707.05. All fees and charges collected by the | 30135 |
department of
| 30136 |
be paid into the state treasury to the credit of the auctioneers | 30137 |
fund, which is hereby created. All expenses incurred by the | 30138 |
department in administering this chapter shall be paid out of the | 30139 |
fund. The total expenses incurred by the department in the | 30140 |
administration of this chapter shall not exceed the total fees, | 30141 |
charges, fines, and penalties imposed under sections 4707.08, | 30142 |
4707.10, and 4707.99 of the Revised Code and paid to the treasurer | 30143 |
of state. The department may conduct education programs for the | 30144 |
enlightenment and benefit of all auctioneers who have paid fees | 30145 |
pursuant to sections 4707.08 and 4707.10 of the Revised Code. | 30146 |
Out of the moneys credited pursuant to this section, the fund | 30147 |
shall be assessed a proportionate share of the administrative | 30148 |
costs of the department in accordance with procedures prescribed | 30149 |
by the
director of
| 30150 |
director of budget and management. The assessment shall be paid | 30151 |
from the auctioneers fund to the division of administration fund. | 30152 |
Sec. 4707.06. The department of
| 30153 |
maintain a record of the names and addresses of all auctioneers | 30154 |
and apprentice auctioneers, and special auctioneers licensed by | 30155 |
the department. This record shall also include a list of all | 30156 |
persons whose licenses have been suspended or revoked, as well as | 30157 |
any other information relative to the enforcement of sections | 30158 |
4707.01 to 4707.22 of the Revised Code, as the department may deem | 30159 |
of interest to the public. | 30160 |
Sec. 4707.07. (A) The department of
| 30161 |
may grant auctioneers' licenses to those persons deemed qualified | 30162 |
by the department. Each person who applies for an auctioneer's | 30163 |
license shall furnish to the department, on forms provided by the | 30164 |
department, satisfactory proof that the applicant: | 30165 |
(1) Has a good reputation; | 30166 |
(2) Is of trustworthy character; | 30167 |
(3) Has attained the age of at least eighteen years; | 30168 |
(4) Has done one of the following: | 30169 |
(a) Met the apprenticeship requirements set forth in section | 30170 |
4707.09 of the Revised Code; | 30171 |
(b) Met the requirements of section 4707.12 of the Revised | 30172 |
Code. | 30173 |
(5) Has a general knowledge of the following: | 30174 |
(a) The requirements of the Revised Code relative to | 30175 |
auctioneers; | 30176 |
(b) The auction profession; | 30177 |
(c) The principles involved in conducting an auction. | 30178 |
(B) Auctioneers who served apprenticeships and who hold | 30179 |
licenses issued before May 1, 1991, and who seek renewal of their | 30180 |
licenses, are not subject to the additional apprenticeship | 30181 |
requirements imposed by section 4707.08 of the Revised Code. | 30182 |
(C) The department may issue an auctioneer's license to a | 30183 |
partnership, association, or corporation if all the partners, | 30184 |
members, or officers thereof who are authorized to perform the | 30185 |
functions of an auctioneer as agents of the applicant are | 30186 |
themselves licensed as auctioneers under this chapter. | 30187 |
An application for an auctioneer's license filed by a | 30188 |
partnership or association shall contain a listing of the names of | 30189 |
all of the licensed partners, members, or other persons who are | 30190 |
authorized to perform the functions of an auctioneer as agents of | 30191 |
the applicant. An application filed by a corporation shall | 30192 |
contain the names of its president and of each of its licensed | 30193 |
officers and any other person who is authorized to perform the | 30194 |
functions of an auctioneer as an agent of the applicant. | 30195 |
(D) A licensee may do business under more than one | 30196 |
registered name if the names have been approved by the department. | 30197 |
The department may reject the application of any person seeking | 30198 |
licensure under this chapter if the name or names to be used by | 30199 |
the applicant are likely to mislead the public, or if the name or | 30200 |
names do not distinguish the applicant from the name or names of | 30201 |
any existing person licensed under this chapter. If an applicant | 30202 |
applies to the department to do business under more than two | 30203 |
names, the department may charge a fee of ten dollars for the | 30204 |
third name and each additional name. | 30205 |
Sec. 4707.071. (A) On May 1, 1991, all persons licensed as | 30206 |
auction companies under former section 4707.071 of the Revised | 30207 |
Code shall comply with all provisions of this chapter that are | 30208 |
applicable to auctioneers except as provided in divisions (B) and | 30209 |
(C) of this section. Such persons, however, do not have to serve | 30210 |
an apprenticeship or attend a course of study under section | 30211 |
4707.09 of the Revised Code or submit to an examination under | 30212 |
section 4707.08 of the Revised Code as long as they do not engage | 30213 |
in the calling for, recognition of, and the acceptance of, offers | 30214 |
for the purchase of personal property at auction and do not | 30215 |
conduct auctions at any location other than the definite place of | 30216 |
business required in section 4707.14 of the Revised Code. | 30217 |
(B) The principal owner of each auction company which is | 30218 |
licensed as of May 1, 1991, who pays the annual renewal fee | 30219 |
specified in division (A) of section 4707.10 of the Revised Code | 30220 |
during the first renewal period following May 1, 1991, shall be | 30221 |
issued a special auctioneer's license, for the sale of personal | 30222 |
property subject to division (A) of this section. Each principal | 30223 |
owner shall apply for an annual license. In applying for an | 30224 |
annual license, each person licensed as an auction company on May | 30225 |
1, 1991, shall designate an individual as principal owner by | 30226 |
submitting documentation substantiating that the individual is in | 30227 |
fact the principal owner and shall identify a definite place of | 30228 |
business as required in section 4707.14 of the Revised Code. A | 30229 |
person licensed as an auctioneer shall not be entitled to a | 30230 |
special auctioneer's license. | 30231 |
(C) A special auctioneer's license issued under this section | 30232 |
to the principal owner of a former auction company does not | 30233 |
entitle the principal owner or former auction company to conduct | 30234 |
auctions at any location other than the definite place of business | 30235 |
required in section 4707.14 of the Revised Code. Notwithstanding | 30236 |
section 4707.10 of the Revised Code, the department of agriculture | 30237 |
shall not issue a new special auctioneer's license if the definite | 30238 |
place of business identified by the licensee in the licensee's | 30239 |
initial application for a special auctioneer license has changed | 30240 |
or if the name under which the licensee is doing business has | 30241 |
changed. No person other than an owner, officer, member, or agent | 30242 |
of the former auction company who
personally has
| 30243 |
the examination prescribed in section 4707.08 of the Revised Code | 30244 |
and been licensed as an auctioneer shall engage in the calling | 30245 |
for, recognition of, and the acceptance of, offers for the | 30246 |
purchase of real or personal property, goods, or chattels at | 30247 |
auction in connection with a former auction company that has been | 30248 |
issued a special auctioneer's license. | 30249 |
(D) A person licensed as a special auctioneer shall not | 30250 |
engage in the sale of real property at auction. | 30251 |
Sec. 4707.072. The department of
| 30252 |
grant one-auction licenses to any nonresident person deemed | 30253 |
qualified by the department. Any person who applies for a | 30254 |
one-auction license shall attest, on forms provided by the | 30255 |
department, and furnish to the department, satisfactory proof that | 30256 |
the license applicant or any auctioneer affiliated with the | 30257 |
applicant meets the following requirements: | 30258 |
(A) Has a good reputation; | 30259 |
(B) Is of trustworthy character; | 30260 |
(C) Has attained the age of at least eighteen years; | 30261 |
(D) Has a general knowledge of the requirements of the | 30262 |
Revised Code relative to auctioneers, the auction profession, and | 30263 |
the principles involved in conducting an auction; | 30264 |
(E) Has two years of professional auctioneering experience | 30265 |
immediately preceding the date of application and the experience | 30266 |
includes the personal conduct by the applicant of at least twelve | 30267 |
auction sales in any state, or has met the requirements of section | 30268 |
4707.12 of the Revised Code; | 30269 |
(F) Has paid a fee of one hundred dollars, which shall be | 30270 |
credited to the auctioneers fund; | 30271 |
(G) Has provided proof of the bond required under section | 30272 |
4707.11 of the Revised Code. | 30273 |
Sec. 4707.08. (A) The department of
| 30274 |
shall hold written examinations four times each year for the | 30275 |
purpose of testing the qualifications required for obtaining a | 30276 |
license under section 4707.07 of the Revised Code and twelve times | 30277 |
each year for obtaining a license under section 4707.09 of the | 30278 |
Revised Code. In addition to the written examination, auctioneer | 30279 |
license applicants shall pass an oral examination administered by | 30280 |
the state auctioneers commission on the same date and at the same | 30281 |
location as the written examination. An examination shall not be | 30282 |
required for the renewal of any license unless such license has | 30283 |
been revoked, suspended, or allowed to expire without renewal, in | 30284 |
which case the applicant shall take and pass the appropriate | 30285 |
examinations offered by the department. | 30286 |
An examination fee of twenty-five dollars shall be collected | 30287 |
from each person taking the auctioneer examination and fifteen | 30288 |
dollars from each person taking the apprentice auctioneer | 30289 |
examination to defray expenses of holding such examinations. | 30290 |
(B) All applications and proofs must be filed by each | 30291 |
applicant before the scheduled date of examination, and must be | 30292 |
accompanied by a bond and license fee. | 30293 |
Sec. 4707.09. The department of
| 30294 |
grant apprentice auctioneers' licenses to those persons deemed | 30295 |
qualified by the department. Every applicant for an apprentice | 30296 |
auctioneer's license must pass an examination relating to the | 30297 |
skills, knowledge, and statutes and regulations governing | 30298 |
auctioneers. Every applicant for an apprentice auctioneer's | 30299 |
license shall furnish to the department, on forms provided by the | 30300 |
department, satisfactory proof that the applicant: | 30301 |
(A) Has a good reputation; | 30302 |
(B) Is of trustworthy character; | 30303 |
(C) Has attained the age of at least eighteen years; | 30304 |
(D) Has obtained a written promise of a licensed auctioneer | 30305 |
to sponsor the applicant during
| 30306 |
apprenticeship. | 30307 |
Before an apprentice may take the auctioneer's license | 30308 |
examination,
| 30309 |
least twelve months, successfully complete a course of study in | 30310 |
auctioneering at an institution that is approved every three years | 30311 |
by the state auctioneers commission, and conduct, as a bid caller, | 30312 |
at least twelve auction sales under the direct supervision of the | 30313 |
sponsoring licensed auctioneer, which sales shall be certified by | 30314 |
the licensed auctioneer on the apprentice's application for an | 30315 |
auctioneer's license. | 30316 |
If an auctioneer intends to terminate
| 30317 |
apprentice auctioneer, the sponsoring auctioneer shall notify the | 30318 |
apprentice auctioneer of
| 30319 |
by certified mail, return receipt requested, at least ten days | 30320 |
prior to the effective date of termination and, at the same time, | 30321 |
shall deliver or mail by certified mail to the department of | 30322 |
| 30323 |
license of the apprentice auctioneer. No apprentice auctioneer | 30324 |
shall perform any acts under authority
of
| 30325 |
license after the effective date of the
termination until
| 30326 |
apprentice receives a new license bearing the name and address of | 30327 |
| 30328 |
be issued to any apprentice auctioneer for the same period of | 30329 |
time. | 30330 |
No licensed auctioneer shall have under
| 30331 |
auctioneer's sponsorship more than two apprentice auctioneers at | 30332 |
one time. | 30333 |
An apprentice auctioneer may terminate
| 30334 |
sponsorship with
an auctioneer by notifying the auctioneer of
| 30335 |
the apprentice's intention by certified mail, return receipt | 30336 |
requested, at least ten days prior to the effective date of | 30337 |
termination. At the same time,
| 30338 |
mail by certified mail to the department of
| 30339 |
copy of the termination notice. Upon receiving the termination | 30340 |
notice, the sponsoring auctioneer shall promptly deliver or mail | 30341 |
by certified mail to the department the license of the apprentice | 30342 |
auctioneer. | 30343 |
The termination of a sponsorship, regardless of who initiates | 30344 |
the termination, shall not be cause for an apprentice auctioneer | 30345 |
to lose credit for any certified sales
| 30346 |
or
apprenticeship time
| 30347 |
supervision of the former sponsor. | 30348 |
Sec. 4707.10. (A) The fee for each auctioneer's, apprentice | 30349 |
auctioneer's, or special auctioneer's license issued by the | 30350 |
department of
| 30351 |
annual renewal fee for any such license is one hundred dollars. | 30352 |
All licenses expire annually on the last day of June of each year | 30353 |
and shall be renewed according to the standard renewal procedures | 30354 |
of Chapter 4745. of the Revised Code, or the procedures of this | 30355 |
section. Any licensee under this chapter who wishes to renew
| 30356 |
the licensee's license but fails to do so before the first day of | 30357 |
July shall reapply for licensure in the same manner and pursuant | 30358 |
to the same requirements as for initial licensure, unless before | 30359 |
the first day of September of the year of expiration, the former | 30360 |
licensee pays to the department, in addition to the regular | 30361 |
renewal fee, a late renewal penalty of one hundred dollars. | 30362 |
(B) Any person who fails to renew
| 30363 |
before the first day of July is prohibited from engaging in any | 30364 |
activity specified or comprehended in section 4707.01 of the | 30365 |
Revised Code
until such time as
| 30366 |
renewed or a new license is issued. Renewal of a license between | 30367 |
the first day of July and the first day of September does not | 30368 |
relieve any person from complying with this division. The | 30369 |
department may refuse to renew the license of or issue a new | 30370 |
license to any person who violates this division. | 30371 |
(C) The department shall prepare and deliver to each | 30372 |
licensee a permanent license certificate and an annual renewal | 30373 |
card, the appropriate portion of which shall be carried on the | 30374 |
person of the licensee at all times when engaged in any type of | 30375 |
auction activity, and part of which shall be posted with the | 30376 |
permanent certificate in a conspicuous location at the licensee's | 30377 |
place of business. | 30378 |
(D) Notice in writing shall be given to the department by | 30379 |
each auctioneer or apprentice auctioneer licensee of any change of | 30380 |
principal business location or any change or addition to the name | 30381 |
or names under which business is conducted, whereupon the | 30382 |
department shall issue a new license for the unexpired period. Any | 30383 |
change of business location or change or addition of names without | 30384 |
notification to the department shall automatically cancel any | 30385 |
license previously issued. For each new auctioneer or apprentice | 30386 |
auctioneer license issued upon the occasion of a change in | 30387 |
business location or a change in or an addition of names under | 30388 |
which business is conducted, the department may collect a fee of | 30389 |
ten dollars for each change in location, or name or each added | 30390 |
name unless the notification of the change occurs concurrently | 30391 |
with the renewal application. | 30392 |
Sec. 4707.11. Each application for an auctioneer's, | 30393 |
apprentice auctioneer's, or auction company license shall be | 30394 |
accompanied by a bond in the sum of ten thousand dollars, except | 30395 |
that: | 30396 |
(A) An individual licensed as an auctioneer under this | 30397 |
chapter that applies for an auction company license shall not be | 30398 |
required to file a bond for the auction company license if the | 30399 |
applicant has filed a bond in connection with the auctioneer's | 30400 |
license. | 30401 |
(B) A partnership, association, or corporation that applies | 30402 |
for an auction company license shall file a blanket bond in the | 30403 |
name of such partnership, association, or corporation in an amount | 30404 |
equal to ten thousand dollars times the number of members, | 30405 |
employees, or officers thereof who are authorized to perform the | 30406 |
functions of an auctioneer as agents of the applicant. The | 30407 |
maximum total amount payable under such blanket bond for a failure | 30408 |
of each such individual member or officer of the applicant to | 30409 |
conduct business in accordance with sections 4707.01 to 4707.22 of | 30410 |
the Revised Code shall be ten thousand dollars. | 30411 |
(C) A licensed auctioneer member, employee, or officer of a | 30412 |
partnership, association, or corporation licensed as an auction | 30413 |
company under this chapter shall not be required to file a bond in | 30414 |
| 30415 |
auctioneer's license; except that if such auctioneer acts at any | 30416 |
time in any auction capacity other than as an agent for such | 30417 |
auction company, the auctioneer must file an individual bond, as | 30418 |
set forth in this section. The bond may be either a cash bond or | 30419 |
a surety bond and, if a surety bond, it shall be executed by a | 30420 |
surety company authorized to do business in this state. Such | 30421 |
surety bond shall be made to the department of agriculture and the | 30422 |
bond shall be conditioned that
the applicant shall conduct
| 30423 |
applicant's business in accordance with sections 4707.01 to | 30424 |
4707.22 of the Revised Code. All bonds shall be in a form | 30425 |
approved by the department. | 30426 |
The department shall not issue an auctioneer's, apprentice | 30427 |
auctioneer's, or auction company license until bond has been filed | 30428 |
in accordance with this section. | 30429 |
Sec. 4707.111. The state, through the department of
| 30430 |
agriculture and in accordance with this chapter, shall solely | 30431 |
regulate auctioneers and the conduct of auction sales. | 30432 |
By enactment of this chapter, it is the intent of the general | 30433 |
assembly to preempt municipal corporations and other political | 30434 |
subdivisions from the regulation and licensing of auctioneers and | 30435 |
auction sales. | 30436 |
At least twenty-four hours prior to an auction, the person | 30437 |
licensed under this chapter to conduct the auction shall notify | 30438 |
the chief of police of the municipal corporation in which the | 30439 |
auction site is located, or if the site is in the unincorporated | 30440 |
area of a county, the county sheriff as to the location and time | 30441 |
of the auction and give to that officer a general description of | 30442 |
the items offered for sale. | 30443 |
Sec. 4707.12. A nonresident may operate as an auctioneer, | 30444 |
apprentice auctioneer, or special auctioneer within the state by | 30445 |
conforming to this chapter. | 30446 |
The department of
| 30447 |
discretion, waive the testing and schooling requirements for a | 30448 |
nonresident,
provided
| 30449 |
or apprentice auctioneer license issued by a state with which the | 30450 |
department has entered into a reciprocal licensing agreement. | 30451 |
Nonresidents wishing to so operate in this state shall make | 30452 |
application in writing to the department and furnish the | 30453 |
department with proof of their ability to conduct an auction, | 30454 |
proof of license and bond if they reside in a state with these | 30455 |
requirements, as well as other information which the department | 30456 |
may request. | 30457 |
This section does not apply to nonresident auctioneers who | 30458 |
reside in states under the laws of which similar recognition and | 30459 |
courtesies are not extended to licensed auctioneers of this state. | 30460 |
Sec. 4707.13. Any nonresident who applies for permission to | 30461 |
operate as an auctioneer within this state shall file an | 30462 |
irrevocable consent with the
department of
| 30463 |
that suits and actions may be commenced against such applicant in | 30464 |
any court of competent jurisdiction within this state by service | 30465 |
of process upon the secretary of state. Said consent shall agree | 30466 |
that the service of such process shall be held in all courts to be | 30467 |
valid and binding as if service had been made upon the applicant | 30468 |
within this state. | 30469 |
Sec. 4707.15. The department of
| 30470 |
suspend or revoke the license of any auctioneer, apprentice | 30471 |
auctioneer, or special auctioneer for any of the following causes: | 30472 |
(A) Obtaining a license through false or fraudulent | 30473 |
representation; | 30474 |
(B) Making any substantial misrepresentation in an | 30475 |
application for an auctioneer's, apprentice auctioneer's, or | 30476 |
special auctioneer's license; | 30477 |
(C) A continued course of misrepresentation or for making | 30478 |
false promises through agents, advertising, or otherwise; | 30479 |
(D) Failing to account for or remit, within a reasonable | 30480 |
time, any money belonging to others that comes into
| 30481 |
licensee's possession, and for commingling funds of others with | 30482 |
| 30483 |
an escrow or trustee account, except that in the case of a | 30484 |
transaction involving real estate, such funds shall be maintained | 30485 |
in accordance with division (A)(26) of section 4735.18 of the | 30486 |
Revised Code; | 30487 |
(E) Paying valuable consideration to any person who has | 30488 |
violated this chapter; | 30489 |
(F) Conviction in a court of competent jurisdiction of this | 30490 |
state or any other state of a criminal offense involving fraud or | 30491 |
a felony; | 30492 |
(G) Violation of this chapter; | 30493 |
(H) Failure to furnish voluntarily at the time of execution, | 30494 |
copies of all written instruments prepared by the auctioneer; | 30495 |
(I) Any conduct of an auctioneer which demonstrates bad | 30496 |
faith, dishonesty, incompetency, or untruthfulness; | 30497 |
(J) Any other conduct that constitutes improper, fraudulent, | 30498 |
or dishonest dealings; | 30499 |
(K) Failing prior to the sale at public auction to enter | 30500 |
into a written contract with the owner or consignee of any | 30501 |
property to be sold, containing the terms and conditions upon | 30502 |
which such licensee received the property for sale; | 30503 |
(L) The use of any power of attorney to circumvent this | 30504 |
chapter; | 30505 |
(M) Failure to display a notice conspicuously at the clerk's | 30506 |
desk or on a bid card that clearly states the terms and conditions | 30507 |
of the sale, the name of the auctioneer or special auctioneer | 30508 |
conducting the sale, and that the auctioneer or special auctioneer | 30509 |
is licensed by the department of
| 30510 |
filed a bond; | 30511 |
(N) Failure to notify the department of any conviction of a | 30512 |
felony or crime involving fraud within fifteen days of conviction; | 30513 |
(O) Acting in the capacity of an auctioneer, whether for | 30514 |
valuable consideration or not, for any special auctioneer that is | 30515 |
not licensed under this chapter. | 30516 |
Sec. 4707.152. In lieu of suspending or revoking a license | 30517 |
under section 4707.15 of the Revised Code, the department of | 30518 |
| 30519 |
licensee who violates any provision of this chapter. | 30520 |
Sec. 4707.16. (A) The department of
| 30521 |
may, upon its own motion, and shall upon the verified written | 30522 |
complaint of any person, investigate the actions of any | 30523 |
auctioneer, apprentice auctioneer, or special auctioneer, any | 30524 |
applicant for an auctioneer's, apprentice auctioneer's, or special | 30525 |
auctioneer's license, or any person who assumes to act in that | 30526 |
capacity, if the complaint, together with other evidence presented | 30527 |
in connection with it, makes out a prima-facie case. | 30528 |
If the department determines that any such applicant is not | 30529 |
entitled to receive a license, a license shall not be granted to | 30530 |
such applicant, and if the department determines that any licensee | 30531 |
is guilty of a violation of section 4707.14 or 4707.15 of the | 30532 |
Revised Code, the department may suspend or revoke the license. | 30533 |
Any auctioneer, apprentice auctioneer, or special auctioneer who | 30534 |
has had
| 30535 |
auctioneer's license revoked shall not be issued another such | 30536 |
license for a period of two years from the date of revocation. | 30537 |
(B) The department
| 30538 |
concerning the violation of sections 4707.02 and 4707.15 of the | 30539 |
Revised Code and may subpoena witnesses in connection with such | 30540 |
investigations as provided in this section. The department may | 30541 |
make application to the court of common pleas for an order | 30542 |
enjoining the violation of sections 4707.02 and 4707.15 of the | 30543 |
Revised Code, and upon a showing by the department that any | 30544 |
licensed auctioneer, apprentice auctioneer, or special auctioneer | 30545 |
has violated or is about to violate section 4707.15 of the Revised | 30546 |
Code, or any person has violated or is about to violate section | 30547 |
4707.02 of the Revised Code, an injunction, restraining order, or | 30548 |
other order as may be appropriate shall be granted by the court. | 30549 |
(C) The department
| 30550 |
attendance of witnesses to testify in relation to any matter over | 30551 |
which it has jurisdiction and which is the subject of inquiry and | 30552 |
investigation by it, and require the production of any book, | 30553 |
paper, or document pertaining to such matter. In case any person | 30554 |
fails to file any statement or report, obey any subpoena, give | 30555 |
testimony, or produce any books, records, or papers as required by | 30556 |
such a subpoena, the court of common pleas of any county in the | 30557 |
state, upon application made to it by the department, shall compel | 30558 |
obedience by attachment proceedings for contempt, as in the case | 30559 |
of disobedience of the requirements of a subpoena issued from such | 30560 |
court, or a refusal to testify therein. | 30561 |
(D) When the department determines that a person not | 30562 |
licensed under this chapter is engaged in or is believed to be | 30563 |
engaged in activities for which a license is required under this | 30564 |
chapter, the department may issue an order to that person | 30565 |
requiring
| 30566 |
should not be subject to licensing under this chapter. If the | 30567 |
department, after a hearing, determines that the activities in | 30568 |
which the person is engaged are subject to licensing under this | 30569 |
chapter, the department may issue a cease-and-desist order which | 30570 |
shall describe the person and activities which are subject to the | 30571 |
order. A cease-and-desist order issued under this section shall | 30572 |
be enforceable in and may be appealed to the common pleas courts | 30573 |
of this state under Chapter 119. of the Revised Code. | 30574 |
Sec. 4707.19. The department of
| 30575 |
make reasonable rules necessary for the implementation of the | 30576 |
provisions of this chapter pursuant to Chapter 119. of the Revised | 30577 |
Code. The department may hear testimony in matters relating to | 30578 |
the duties imposed on it, and any person authorized by the | 30579 |
director
of
| 30580 |
department may require other proof of the honesty, truthfulness, | 30581 |
and good reputation of any person named in the application for an | 30582 |
auctioneer's, apprentice auctioneer's, or special auctioneer's | 30583 |
license before admitting the applicant to an examination or | 30584 |
issuing a license. | 30585 |
Sec. 4707.20. (A) No person shall act as an auctioneer or | 30586 |
special auctioneer on a sale at auction until the person has first | 30587 |
entered into a written contract or agreement in duplicate with the | 30588 |
owner or consignee of any property to be sold, containing the | 30589 |
terms and conditions upon which the licensee receives or accepts | 30590 |
the property for sale at auction. The contracts or agreements | 30591 |
shall, for a period of two years, be kept on file in the office of | 30592 |
every person so licensed. No apprentice auctioneer shall be | 30593 |
authorized to enter into such contract or agreement without the | 30594 |
written consent of the apprentice auctioneer's sponsoring | 30595 |
auctioneer and all contracts or agreements shall be made in the | 30596 |
name of and on behalf of the sponsoring auctioneer. | 30597 |
(B) On all contracts or agreements between an auctioneer or | 30598 |
special auctioneer and the owner or consignee, there shall appear | 30599 |
a prominent statement indicating that the auctioneer or special | 30600 |
auctioneer is licensed by the
department of
| 30601 |
and is bonded in favor of the state. | 30602 |
(C) The auctioneer or special auctioneer who contracts with | 30603 |
the owner is liable for the settlement of all money received, | 30604 |
including the payment of all expenses incurred only by the | 30605 |
licensee and the distribution of all funds, in connection with an | 30606 |
auction. | 30607 |
Sec. 4707.21. No auctioneer, apprentice auctioneer, or | 30608 |
special auctioneer shall willfully neglect or refuse to furnish | 30609 |
the department of
| 30610 |
information in
| 30611 |
special auctioneer's possession or under
| 30612 |
apprentice auctioneer's, or special auctioneer's
control, which
| 30613 |
the auctioneer, apprentice auctioneer, or special auctioneer is | 30614 |
authorized to collect; nor shall
| 30615 |
auctioneer, or special auctioneer neglect or refuse, for more than | 30616 |
thirty days, to answer questions submitted on circulars; nor shall | 30617 |
| 30618 |
knowingly
answer any such questions falsely; nor shall
| 30619 |
auctioneer, apprentice auctioneer, or special auctioneer refuse to | 30620 |
obey subpoenas and give testimony. Licensees shall keep records | 30621 |
relative to any auction sale for at least two years from the date | 30622 |
of sale. These records shall include settlement sheets, written | 30623 |
contracts, and copies of any advertising that lists the items for | 30624 |
sale. | 30625 |
Sec. 4707.23. On receipt of a notice pursuant to section | 30626 |
3123.43 of the Revised Code, the department
of
| 30627 |
agriculture shall comply with sections 3123.41 to 3123.50 of the | 30628 |
Revised Code and any applicable rules adopted under section | 30629 |
3123.63 of the Revised Code with respect to a license issued | 30630 |
pursuant to this chapter. | 30631 |
Sec. 4707.99. (A) Whoever acts as an auctioneer, apprentice | 30632 |
auctioneer, or special auctioneer as defined in section 4707.01 of | 30633 |
the Revised Code, without first obtaining a license, upon | 30634 |
conviction thereof, shall be fined not less than one hundred nor | 30635 |
more than one thousand dollars, or imprisoned not more than ninety | 30636 |
days, or both. | 30637 |
(B) Whoever violates this chapter or any rule promulgated by | 30638 |
the department of
| 30639 |
this chapter, for the violation of which no penalty is provided, | 30640 |
shall be fined not less than fifty nor more than two hundred | 30641 |
dollars. | 30642 |
(C) Whoever violates section 4707.151 of the Revised Code | 30643 |
shall be fined not more than fifty thousand dollars, or imprisoned | 30644 |
not more than one year, or both. | 30645 |
Sec. 4713.10. The state board of cosmetology shall charge | 30646 |
and collect the following fees: | 30647 |
(A) For application to take the examination for a license to | 30648 |
practice cosmetology, or any branch thereof, twenty-one dollars; | 30649 |
(B) For the re-examination of any applicant who has | 30650 |
previously failed to pass the examination,
| 30651 |
dollars; | 30652 |
(C) For the issuance or renewal of a cosmetology, | 30653 |
manicurist, or esthetics instructor's license, thirty dollars; | 30654 |
(D) For the issuance or renewal of a managing | 30655 |
cosmetologist's, managing manicurist's, or managing esthetician's | 30656 |
license, thirty dollars; | 30657 |
(E) For the issuance or renewal of a cosmetology school | 30658 |
license, two hundred fifty dollars; | 30659 |
(F) For the inspection and issuance of a new beauty salon, | 30660 |
nail salon, or esthetics salon or the change of name or ownership | 30661 |
of a beauty salon, nail salon, or esthetics salon license, sixty | 30662 |
dollars; | 30663 |
(G) For the renewal of a beauty salon, nail salon, or | 30664 |
esthetics salon license, fifty dollars; | 30665 |
(H) For the issuance or renewal of a cosmetologist's, | 30666 |
manicurist's, or esthetician's license, thirty dollars; | 30667 |
(I) For the restoration of any lapsed license which may be | 30668 |
restored pursuant to section 4713.11 of the Revised Code, and in | 30669 |
addition to the payments required by that section, thirty dollars; | 30670 |
(J) For the issuance of a license under section 4713.09 of | 30671 |
the Revised Code, sixty dollars; | 30672 |
(K) For the issuance of a duplicate of any license, fifteen | 30673 |
dollars; | 30674 |
(L) For the preparation and mailing of a licensee's records | 30675 |
to another state for a reciprocity license, fifty dollars; | 30676 |
(M) For the processing of any fees related to a check from a | 30677 |
licensee returned to the board for insufficient funds, an | 30678 |
additional twenty dollars. | 30679 |
Each applicant shall, in addition to the fees specified, | 30680 |
furnish the applicant's own models. | 30681 |
Sec. 4715.03. (A) The state dental board shall organize by | 30682 |
the election from its members of a president and a secretary. It | 30683 |
shall hold meetings monthly at least eight months a year at such | 30684 |
times and places as the board designates. A majority of the | 30685 |
members of the board shall constitute a quorum. The board shall | 30686 |
make such reasonable rules as it determines necessary pursuant to | 30687 |
Chapter 119. of the Revised Code. | 30688 |
(B) A concurrence of a majority of the members of the board | 30689 |
shall be required to grant, refuse, suspend, place on probationary | 30690 |
status, revoke, refuse to renew, or refuse to reinstate a license | 30691 |
or censure a license holder. | 30692 |
(C) The board shall adopt rules establishing standards for | 30693 |
the safe practice of dentistry and dental hygiene by qualified | 30694 |
practitioners and shall, through its policies and activities, | 30695 |
promote such practice. | 30696 |
The board shall adopt rules in accordance with Chapter 119. | 30697 |
of the Revised Code establishing universal blood and body fluid | 30698 |
precautions that shall be used by each person licensed under this | 30699 |
chapter who performs exposure prone invasive procedures. The | 30700 |
rules shall define and establish requirements for universal blood | 30701 |
and body fluid precautions that include the following: | 30702 |
(1) Appropriate use of hand washing; | 30703 |
(2) Disinfection and sterilization of equipment; | 30704 |
(3) Handling and disposal of needles and other sharp | 30705 |
instruments; | 30706 |
(4) Wearing and disposal of gloves and other protective | 30707 |
garments and devices. | 30708 |
(D) The board shall administer and enforce the provisions of | 30709 |
this chapter. The board shall investigate evidence which appears | 30710 |
to show that any person has violated any provision of this | 30711 |
chapter. Any person may report to the board under oath any | 30712 |
information such person may have appearing to show a violation of | 30713 |
any provision of this chapter. In the absence of bad faith, any | 30714 |
person who reports such information or who testifies before the | 30715 |
board in any disciplinary proceeding conducted pursuant to Chapter | 30716 |
119. of the Revised Code is not liable for civil damages as a | 30717 |
result of
| 30718 |
investigation the board determines that there are reasonable | 30719 |
grounds to believe that a violation of this chapter has occurred, | 30720 |
the board shall conduct disciplinary proceedings pursuant to | 30721 |
Chapter 119. of the Revised Code or provide for a license holder | 30722 |
to participate in the quality intervention program established | 30723 |
under section 4715.031 of the Revised Code. The board shall not | 30724 |
dismiss any complaint or terminate any investigation except by a | 30725 |
majority vote of its members. For the purpose of any disciplinary | 30726 |
proceeding or any
investigation conducted
| 30727 |
30728 | |
order the taking of depositions, issue subpoenas, compel the | 30729 |
attendance and testimony of persons at depositions and compel the | 30730 |
production of books, accounts, papers, documents, or other | 30731 |
tangible things. The hearings and investigations of the board | 30732 |
shall be considered civil actions for the purposes of section | 30733 |
2305.251 of the Revised Code. Notwithstanding section 121.22 of | 30734 |
the Revised Code, proceedings of the board relative to the | 30735 |
investigation of a complaint or the determination whether there | 30736 |
are reasonable grounds to believe that a violation of this chapter | 30737 |
has occurred are confidential and are not subject to discovery in | 30738 |
any civil action. | 30739 |
(E) The board shall examine or cause to be examined eligible | 30740 |
applicants to practice dentistry and dental hygiene. The board may | 30741 |
distinguish by rule different classes of qualified personnel | 30742 |
according to skill levels and require all or only certain of these | 30743 |
classes of qualified personnel to be examined and certified by the | 30744 |
board. | 30745 |
(F) In accordance with Chapter 119. of the Revised Code, the | 30746 |
board shall adopt, and may amend or rescind, rules establishing | 30747 |
the eligibility criteria, the application and permit renewal | 30748 |
procedures, and safety standards applicable to a dentist licensed | 30749 |
under this chapter who applies for a permit to employ or use | 30750 |
conscious intravenous sedation. These rules shall include all of | 30751 |
the following: | 30752 |
(1) The eligibility requirements and application procedures | 30753 |
for an eligible dentist to obtain a conscious intravenous sedation | 30754 |
permit; | 30755 |
(2) The minimum educational and clinical training standards | 30756 |
required of applicants, which shall include satisfactory | 30757 |
completion of an advanced cardiac life support course; | 30758 |
(3) The facility equipment and inspection requirements; | 30759 |
(4) Safety standards; | 30760 |
(5) Requirements for reporting adverse occurrences. | 30761 |
Sec. 4715.031. (A) The state dental board shall develop and | 30762 |
implement a quality intervention program. The board may propose | 30763 |
that the holder of a license issued by the board participate in | 30764 |
the program if the board determines pursuant to an investigation | 30765 |
conducted under section 4715.03 of the Revised Code that there are | 30766 |
reasonable grounds to believe the license holder has violated a | 30767 |
provision of this chapter due to a clinical or communication | 30768 |
problem that could be improved through participation in the | 30769 |
program and determines that the license holder's participation in | 30770 |
the program is appropriate. The board shall refer a license | 30771 |
holder who agrees to participate in the program to an educational | 30772 |
and assessment service provider selected by the board. | 30773 |
The board shall select educational and assessment service | 30774 |
providers, which may include quality intervention program panels | 30775 |
of case reviewers. A provider selected by the board to provide | 30776 |
services to a license holder shall recommend to the board the | 30777 |
educational and assessment services the license holder should | 30778 |
receive under the program. The license holder may begin | 30779 |
participation in the program if the board approves the services | 30780 |
the provider recommends. The license holder shall pay the amounts | 30781 |
charged by the provider for the services. | 30782 |
The board shall monitor a license holder's progress in the | 30783 |
program and determine whether the license holder has successfully | 30784 |
completed the program. If the board determines that the license | 30785 |
holder has successfully completed the program, it may continue to | 30786 |
monitor the license holder, take other action it considers | 30787 |
appropriate, or both. If the board determines that the license | 30788 |
holder has not successfully completed the program, it shall | 30789 |
commence disciplinary proceedings against the license holder under | 30790 |
section 4715.03 of the Revised Code. | 30791 |
The board may adopt rules in accordance with Chapter 119. of | 30792 |
the Revised Code to further implement the quality intervention | 30793 |
program. | 30794 |
Sec. 4715.13. Applicants for licenses to practice dentistry | 30795 |
or for a general anesthesia permit or a conscious intravenous | 30796 |
sedation permit shall pay to the secretary of the state dental | 30797 |
board the following fees: | 30798 |
(A) For license by examination, one hundred
| 30799 |
dollars if issued in an odd-numbered year or
| 30800 |
| 30801 |
(B) For license by endorsement, one hundred
| 30802 |
dollars if issued in an odd-numbered year or
| 30803 |
| 30804 |
(C) For duplicate license, to be granted upon proof of loss | 30805 |
of the original,
| 30806 |
(D) For a general anesthesia permit,
| 30807 |
twenty-seven dollars; | 30808 |
(E) For a conscious intravenous sedation permit,
| 30809 |
one hundred twenty-seven dollars. | 30810 |
The fee in division (A) of this section may be refunded to an | 30811 |
applicant who is unavoidably prevented from attending the | 30812 |
examination, or the applicant may be examined at the next regular | 30813 |
or special meeting of the board without an additional fee. | 30814 |
An applicant who fails the first examination may be | 30815 |
re-examined at the next regular or special meeting of the board | 30816 |
without an additional fee. | 30817 |
Sec. 4715.14. (A) Each person who is licensed to practice | 30818 |
dentistry in Ohio shall, on or before the first day of January of | 30819 |
each even-numbered year, register with the state dental board. | 30820 |
The registration shall be made on a form prescribed by the board | 30821 |
and furnished by the secretary, shall include the licensee's name, | 30822 |
address, license number, and such other reasonable information as | 30823 |
the board may consider necessary, and shall include payment of a | 30824 |
biennial registration fee of
| 30825 |
dollars. This fee shall be paid to the treasurer of state. All | 30826 |
such registrations shall be in effect for the two-year period | 30827 |
beginning on the first day of January of the even-numbered year | 30828 |
and ending on the last day of December of the following | 30829 |
odd-numbered year, and shall be renewed in accordance with the | 30830 |
standard renewal procedure of sections 4745.01 to 4745.03 of the | 30831 |
Revised Code. The failure of a licensee to renew the licensee's | 30832 |
registration in accordance with this section shall result in an | 30833 |
automatic suspension of the licensee's license to practice | 30834 |
dentistry. | 30835 |
(B) Any dentist whose license has been suspended under this | 30836 |
section may be reinstated by the payment of the biennial | 30837 |
registration fee and in addition thereto
| 30838 |
to cover costs of the reinstatement; excepting that to any | 30839 |
licensed dentist who desires to temporarily retire from practice, | 30840 |
and who has given the board notice in writing to that effect, the | 30841 |
board shall grant such a retirement, provided only that at that | 30842 |
time all previous registration fees and additional costs of | 30843 |
reinstatement have been paid. | 30844 |
(C) Each dentist licensed to practice, whether a resident or | 30845 |
not, shall notify the secretary in writing of any change in the | 30846 |
dentist's office address or employment within ten days after such | 30847 |
change has taken place. On the first day of July of every | 30848 |
even-numbered year, the secretary shall issue a printed roster of | 30849 |
the names and addresses so registered. | 30850 |
Sec. 4715.16. (A) Upon payment of a fee of
| 30851 |
dollars
| 30852 |
examination issue a limited resident's license to any person who | 30853 |
is a graduate of a dental college, is authorized to practice in | 30854 |
another state or country or qualified to take the regular | 30855 |
licensing examination in this state, and furnishes the board | 30856 |
satisfactory proof of having been appointed a dental resident at | 30857 |
an accredited dental college in this state or at an accredited | 30858 |
program of a hospital in this state, but has not yet been licensed | 30859 |
as a dentist by the board. Any person receiving a limited | 30860 |
resident's license may practice dentistry only in connection with | 30861 |
programs operated by the dental college or hospital at which the | 30862 |
person is appointed as a resident as designated on the person's | 30863 |
limited resident's license, and only under the direction of a | 30864 |
licensed dentist who is a member of the dental staff of the | 30865 |
college or hospital or a dentist holding a current limited | 30866 |
teaching license issued under division (B) of this section, and | 30867 |
only on bona fide patients of such programs. The holder of a | 30868 |
limited resident's license may be disciplined by the board | 30869 |
pursuant to section 4715.30 of the Revised Code. | 30870 |
(B) Upon payment of
| 30871 |
upon application endorsed by an accredited dental college in this | 30872 |
state, the board may without examination issue a limited teaching | 30873 |
license to a dentist who is a graduate of a dental college, is | 30874 |
authorized to practice dentistry in another state or country, and | 30875 |
has full-time appointment to the faculty of the endorsing dental | 30876 |
college. A limited teaching license is subject to annual renewal | 30877 |
in accordance with the standard renewal procedure of Chapter 4745. | 30878 |
of the Revised Code, and automatically expires upon termination of | 30879 |
the full-time faculty appointment. A person holding a limited | 30880 |
teaching license may practice dentistry only in connection with | 30881 |
programs operated by the endorsing dental college. The board may | 30882 |
discipline the holder of a limited teaching license pursuant to | 30883 |
section 4715.30 of the Revised Code. | 30884 |
(C)(1) As used in this division: | 30885 |
(a) "Continuing dental education practicum" or "practicum" | 30886 |
means a course of instruction, approved by the American dental | 30887 |
association, Ohio dental association, or academy of general | 30888 |
dentistry, that is designed to improve the clinical skills of a | 30889 |
dentist by requiring the dentist to participate in clinical | 30890 |
exercises on patients. | 30891 |
(b) "Director" means the person responsible for the operation | 30892 |
of a practicum. | 30893 |
(2) Upon payment of
| 30894 |
application endorsed by the director of a continuing dental | 30895 |
education practicum, the board shall, without examination, issue a | 30896 |
temporary limited continuing education license to a resident of a | 30897 |
state other than Ohio who is licensed to practice dentistry in | 30898 |
such state and is in good standing, is a graduate of an accredited | 30899 |
dental college, and is registered to participate in the endorsing | 30900 |
practicum. The determination of whether a dentist is in good | 30901 |
standing shall be made by the board. | 30902 |
A dentist holding a temporary limited continuing education | 30903 |
license may practice dentistry only on residents of the state in | 30904 |
which the dentist is permanently licensed or on patients referred | 30905 |
by a dentist licensed pursuant to section 4715.12 or 4715.15 of | 30906 |
the Revised Code to an instructing dentist licensed pursuant to | 30907 |
one of those sections, and only while participating in a required | 30908 |
clinical exercise of the endorsing practicum on the premises of | 30909 |
the facility where the practicum is being conducted. | 30910 |
Practice under a temporary limited continuing education | 30911 |
license shall be under the direct supervision and full | 30912 |
professional responsibility of an instructing dentist licensed | 30913 |
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall | 30914 |
be limited to the performance of those procedures necessary to | 30915 |
complete the endorsing practicum, and shall not exceed thirty days | 30916 |
of actual patient treatment in any year. | 30917 |
(3) A director of a continuing dental education practicum | 30918 |
who endorses an application for a temporary limited continuing | 30919 |
education license shall, prior to making the endorsement, notify | 30920 |
the state dental board in writing of the identity of the sponsors | 30921 |
and the faculty of the practicum and the dates and locations at | 30922 |
which it will be offered. The notice shall also include a brief | 30923 |
description of the course of instruction. The board may prohibit | 30924 |
a continuing dental education practicum from endorsing | 30925 |
applications for temporary limited continuing education licenses | 30926 |
if the board determines that the practicum is engaged in | 30927 |
activities that constitute a threat to public health and safety or | 30928 |
do not constitute bona fide continuing dental education, or that | 30929 |
the practicum permits activities which otherwise violate this | 30930 |
chapter. Any continuing dental education practicum prohibited | 30931 |
from endorsing applications may request an adjudication pursuant | 30932 |
to Chapter 119. of the Revised Code. | 30933 |
A temporary limited continuing education license shall be | 30934 |
valid only when the dentist is participating in the endorsing | 30935 |
continuing dental education practicum and shall expire at the end | 30936 |
of one year. If the dentist fails to complete the endorsing | 30937 |
practicum in one year, the board may, upon the dentist's | 30938 |
application and payment of a fee of seventy-five dollars, renew | 30939 |
the temporary limited continuing education license for a | 30940 |
consecutive one-year period. Only two renewals may be granted. | 30941 |
The holder of a temporary limited continuing education license may | 30942 |
be disciplined by the board pursuant to section 4715.30 of the | 30943 |
Revised Code. | 30944 |
(D) The board shall act either to approve or to deny any | 30945 |
application for a limited license pursuant to division (A), (B), | 30946 |
or (C) of this section not later than sixty days of the date the | 30947 |
board receives the application. | 30948 |
Sec. 4715.21. Each person who desires to practice as a | 30949 |
dental hygienist shall file with the secretary of the state dental | 30950 |
board a written application for a license, under oath, upon the | 30951 |
form prescribed. Such applicant shall furnish satisfactory proof | 30952 |
of being at least eighteen years of age and of good moral | 30953 |
character. An applicant shall present a diploma or certificate of | 30954 |
graduation from an accredited dental hygiene school and shall pay | 30955 |
the examination fee of
| 30956 |
license is issued in an odd-numbered year or one
hundred
| 30957 |
forty-seven dollars if issued in an even-numbered year. Those | 30958 |
passing such examination as the board prescribes relating to | 30959 |
dental hygiene shall receive a certificate of registration | 30960 |
entitling them to practice. If an applicant fails to pass the | 30961 |
first examination the applicant may apply for a re-examination at | 30962 |
the next regular or special examination meeting of the board. | 30963 |
No applicant shall be admitted to more than two examinations | 30964 |
without first presenting satisfactory proof that the applicant has | 30965 |
successfully completed such refresher courses in an accredited | 30966 |
dental hygiene school as the state dental board may prescribe. | 30967 |
An accredited dental hygiene school shall be one accredited | 30968 |
by the council on dental education of the American dental | 30969 |
association or whose educational standards are recognized by the | 30970 |
council on dental education of the American dental association and | 30971 |
approved by the state dental board. | 30972 |
Sec. 4715.24. (A) Each person who is licensed to practice | 30973 |
as a dental hygienist in Ohio shall, on or before the first day of | 30974 |
January of each even-numbered year, register with the state dental | 30975 |
board. The registration shall be made on a form prescribed by the | 30976 |
board and furnished by the secretary, shall include the licensee's | 30977 |
name, address, license number, and such other reasonable | 30978 |
information as the board may consider necessary, and shall include | 30979 |
payment of a biennial registration fee of
| 30980 |
one dollars. This fee shall be paid to the treasurer of state. | 30981 |
All such registrations shall be in effect for the two-year period | 30982 |
beginning on the first day of January of each even-numbered year | 30983 |
and ending on the last day of December of the following | 30984 |
odd-numbered year, and shall be renewed in accordance with the | 30985 |
standard renewal procedure of sections 4745.01 to 4745.03 of the | 30986 |
Revised Code. The failure of a licensee to renew registration in | 30987 |
accordance with this section shall result in the automatic | 30988 |
suspension of the licensee's license to practice as a dental | 30989 |
hygienist. | 30990 |
(B) Any dental hygienist whose license has been suspended | 30991 |
under this section may be reinstated by the payment of the | 30992 |
biennial registration fee and in addition thereto
| 30993 |
thirty-one dollars to cover the costs of reinstatement. | 30994 |
(C) The license of a dental hygienist shall be exhibited in | 30995 |
a conspicuous place in the room in which the dental hygienist | 30996 |
practices. Each dental hygienist licensed to practice, whether a | 30997 |
resident or not, shall notify the secretary in writing of any | 30998 |
change in the dental hygienist's office address or employment | 30999 |
within ten days after the change takes place. | 31000 |
Sec. 4715.27. The state dental board may issue a license to | 31001 |
an applicant who furnishes satisfactory proof of being at least | 31002 |
eighteen years of age, of good moral character and who | 31003 |
demonstrates, to the satisfaction of the board, knowledge of the | 31004 |
laws, regulations, and rules governing the practice of a dental | 31005 |
hygienist; who proves, to the satisfaction of the board, intent to | 31006 |
practice as a dental hygienist in this state; who is a graduate | 31007 |
from an accredited school of dental hygiene and who holds a | 31008 |
license by examination from a similar dental board, and who passes | 31009 |
an examination as prescribed by the board relating to dental | 31010 |
hygiene. | 31011 |
Upon payment of
| 31012 |
application endorsed by an accredited dental hygiene school in | 31013 |
this state, the state dental board may without examination issue a | 31014 |
teacher's certificate to a dental hygienist, authorized to | 31015 |
practice in another state or country. A teacher's certificate | 31016 |
shall be subject to annual renewal in accordance with the standard | 31017 |
renewal procedure of sections 4745.01 to 4745.03 of the Revised | 31018 |
Code, and shall not be construed as authorizing anything other | 31019 |
than teaching or demonstrating the skills of a dental hygienist in | 31020 |
the educational programs of the accredited dental hygiene school | 31021 |
which endorsed the application. | 31022 |
Sec. 4717.02. (A) There is hereby created the board of | 31023 |
embalmers and funeral directors consisting of seven members to be | 31024 |
appointed by the governor with the advice and consent of the | 31025 |
senate.
| 31026 |
practicing funeral directors, each with at least ten consecutive | 31027 |
years of experience in this state immediately preceding the date | 31028 |
of the person's
appointment | 31029 |
shall be knowledgeable and experienced in operating a crematory | 31030 |
| 31031 |
31032 | |
least
one of
| 31033 |
of age. | 31034 |
(B) Terms of office are for five years, commencing on the | 31035 |
first day of July and ending on the last day of June. Each | 31036 |
member shall hold office from the date of the member's appointment | 31037 |
until the end of the term for which the member was appointed. | 31038 |
Before entering upon the duties of the office, each member shall | 31039 |
take and file with the secretary of state an oath of office as | 31040 |
required by Section 7 of Article XV, Ohio Constitution. | 31041 |
(C) The governor may remove a member of the board for | 31042 |
neglect of duty, incompetency, or immoral conduct. Vacancies | 31043 |
shall be filled in the manner provided for original appointments. | 31044 |
Any member appointed to fill a vacancy occurring prior to the | 31045 |
expiration date of the term for which the member's predecessor was | 31046 |
appointed shall hold office as a member for the remainder of that | 31047 |
term. A member shall continue in office subsequent to the | 31048 |
expiration date of the member's term until the member's successor | 31049 |
takes office, or until a period of sixty days has elapsed, | 31050 |
whichever occurs first. | 31051 |
(D) Each member of the board shall receive an amount fixed | 31052 |
under division (J) of section 124.15 of the Revised Code for each | 31053 |
day, not to exceed sixty days per year, employed in the discharge | 31054 |
of the member's duties as a board member, together with any | 31055 |
necessary expenses incurred in the performance of those duties. | 31056 |
Sec. 4717.07. (A) The board of embalmers and funeral | 31057 |
directors shall charge and collect the following fees: | 31058 |
(1) For the issuance of an initial embalmer's or funeral | 31059 |
director's license, five dollars; | 31060 |
(2) For the issuance of an embalmer or funeral director | 31061 |
registration, twenty-five dollars; | 31062 |
(3) For filing an embalmer or funeral director certificate | 31063 |
of apprenticeship, ten dollars; | 31064 |
(4) For the application to take the examination for a | 31065 |
license to practice as an embalmer or funeral director, or to | 31066 |
retake a section of the examination, thirty-five dollars; | 31067 |
(5) For the biennial renewal of an embalmer's or funeral | 31068 |
director's license,
| 31069 |
(6) For the
initial issuance
| 31070 |
operate a funeral home, one hundred twenty-five dollars and | 31071 |
biennial renewal of a license to operate a funeral home, two | 31072 |
hundred fifty dollars; | 31073 |
(7) For the reinstatement of a lapsed embalmer's or funeral | 31074 |
director's license, the renewal fee prescribed in division (A)(5) | 31075 |
of this section plus fifty dollars for each month or portion of a | 31076 |
month the license is lapsed until reinstatement; | 31077 |
(8) For the reinstatement of a lapsed license to operate a | 31078 |
funeral home, the renewal fee prescribed in division (A)(6) of | 31079 |
this section plus fifty dollars for each month or portion of a | 31080 |
month the license is lapsed until reinstatement; | 31081 |
(9) For the
initial issuance
| 31082 |
operate an embalming facility, one hundred dollars and biennial | 31083 |
renewal of a license to operate an embalming facility, two hundred | 31084 |
dollars; | 31085 |
(10) For the reinstatement of a lapsed license to operate an | 31086 |
embalming facility, the renewal fee prescribed in division (A)(9) | 31087 |
of this section plus fifty dollars for each month or portion of a | 31088 |
month the license is lapsed until reinstatement; | 31089 |
(11) For the
initial issuance
| 31090 |
operate a crematory facility, one hundred dollars and biennial | 31091 |
renewal of a license to operate a crematory facility, two hundred | 31092 |
dollars; | 31093 |
(12) For the reinstatement of a lapsed license to operate a | 31094 |
crematory facility, the renewal fee prescribed in division (A)(11) | 31095 |
of this section plus fifty dollars for each month or portion of a | 31096 |
month the license is lapsed until reinstatement; | 31097 |
(13) For the issuance of a duplicate of a license issued | 31098 |
under this chapter, four dollars. | 31099 |
(B) In addition to the fees set forth in division (A) of | 31100 |
this section, an applicant shall pay the examination fee assessed | 31101 |
by any examining agency the board uses for any section of an | 31102 |
examination required under this chapter. | 31103 |
(C) Subject to the approval of the controlling board, the | 31104 |
board of embalmers and funeral directors may establish fees in | 31105 |
excess of the amounts set forth in this section, provided that | 31106 |
these fees do not exceed the amounts set forth in this section by | 31107 |
more than fifty per cent. | 31108 |
Sec. 4717.08. (A) Every license issued under this chapter | 31109 |
expires on the last day of
December of
| 31110 |
| 31111 |
according to the standard license renewal procedure set forth in | 31112 |
Chapter 4745. of the Revised Code. Licenses not renewed by the | 31113 |
last day of December of each even-numbered year are lapsed. | 31114 |
(B) A holder of a lapsed license to operate a funeral home, | 31115 |
license to operate an embalming facility, or license to operate a | 31116 |
crematory facility may reinstate the license with the board by | 31117 |
paying the lapsed license fee established under section 4717.07 of | 31118 |
the Revised Code. | 31119 |
(C) A holder of a lapsed embalmer's or funeral director's | 31120 |
license may reinstate the license with the board by paying the | 31121 |
lapsed license fee established under section 4717.07 of the | 31122 |
Revised Code, except that if the license is lapsed for more than | 31123 |
one hundred eighty days after its expiration date, the holder also | 31124 |
shall take and pass the Ohio laws examination for each license as | 31125 |
a condition for reinstatement. | 31126 |
Sec. 4717.09. (A) Every two years, licensed embalmers and | 31127 |
funeral directors shall attend between twelve and thirty hours of | 31128 |
educational programs as a condition for renewal of their licenses. | 31129 |
The board of embalmers and funeral directors shall
| 31130 |
31131 | |
31132 | |
rules governing the administration and enforcement of the | 31133 |
continuing education requirements of this section. The board may | 31134 |
contract with a professional organization or association or other | 31135 |
third party to assist it in performing functions necessary to | 31136 |
administer and enforce the continuing education requirements of | 31137 |
this section. A professional organization or association or other | 31138 |
third party with whom the board so contracts may charge a | 31139 |
reasonable fee for performing these functions to licensees or to | 31140 |
the persons who provide continuing education programs. | 31141 |
(B) A person holding both an embalmer's license and a | 31142 |
funeral director's license need meet only the continuing education | 31143 |
requirements established by the board for one or the other of | 31144 |
those licenses in order to satisfy the requirement of division (A) | 31145 |
of this section. | 31146 |
(C) The board shall not renew the license of a licensee who | 31147 |
fails to meet the continuing education requirements of this | 31148 |
section and who has not been granted a waiver or exemption under | 31149 |
division (D) of this section. | 31150 |
(D) Any licensee who fails to meet the continuing education | 31151 |
requirements of this section because of undue hardship or | 31152 |
disability, or who is not actively engaged in the practice of | 31153 |
funeral directing or embalming in this state, may apply to the | 31154 |
board for a waiver or an exemption. The board shall determine, by | 31155 |
rule, the procedures for applying for a waiver or an exemption | 31156 |
from continuing education requirements under this section and | 31157 |
under what conditions a waiver or an exemption may be granted. | 31158 |
Sec. 4723.062. The board of nursing may solicit and accept | 31159 |
grants and services to develop and maintain a program that | 31160 |
addresses patient safety and health care issues related to the | 31161 |
supply of and demand for nurses and other health care workers. The | 31162 |
board shall not solicit or accept a grant or service that | 31163 |
interferes with the board's independence or objectivity. | 31164 |
All money received by the board under this section shall be | 31165 |
deposited into the nursing special issue fund which is hereby | 31166 |
created in the state treasury. The board shall use money in the | 31167 |
fund to pay the costs it incurs in implementing this section. | 31168 |
Sec. 4723.08. (A) The board of nursing may impose fees not | 31169 |
to exceed the following limits: | 31170 |
(1) For application for licensure by examination to practice | 31171 |
nursing as a registered nurse or as a licensed practical nurse, | 31172 |
fifty dollars; | 31173 |
(2) For application for licensure by endorsement to practice | 31174 |
nursing as a registered nurse or as a licensed practical nurse, | 31175 |
fifty dollars; | 31176 |
(3) For application for a certificate of authority to | 31177 |
practice nursing as a certified registered nurse anesthetist, | 31178 |
clinical nurse specialist, certified nurse-midwife, or certified | 31179 |
nurse practitioner, one hundred dollars; | 31180 |
(4) For application for a temporary dialysis technician | 31181 |
certificate, the amount specified in rules adopted under section | 31182 |
4723.79 of the Revised Code; | 31183 |
(5) For application for a full dialysis technician | 31184 |
certificate, the amount specified in rules adopted under section | 31185 |
4723.79 of the Revised Code; | 31186 |
(6) For application for a certificate to prescribe, fifty | 31187 |
dollars; | 31188 |
(7) For verification of a nursing license, certificate of | 31189 |
authority, or dialysis technician certificate to another | 31190 |
jurisdiction, fifteen dollars; | 31191 |
(8) For providing a replacement copy of a nursing license, | 31192 |
certificate of authority, or dialysis technician certificate, | 31193 |
fifteen dollars; | 31194 |
(9) For biennial renewal of a nursing license that expires | 31195 |
on or before August 31, 2003, thirty-five dollars; | 31196 |
(10)
| 31197 |
For biennial renewal of a nursing license that expires on or after | 31198 |
September 1, 2003, forty-five dollars; | 31199 |
(11) For biennial renewal of a certificate of authority to | 31200 |
practice nursing as a certified registered nurse anesthetist, | 31201 |
clinical nurse specialist, certified nurse mid-wife, or certified | 31202 |
nurse practitioner that expires on or before August 31, 2005, one | 31203 |
hundred dollars; | 31204 |
(12) For biennial renewal of a certificate of authority to | 31205 |
practice nursing as a certified registered nurse anesthetist, | 31206 |
clinical nurse specialist, certified nurse-midwife, or certified | 31207 |
nurse practitioner that expires on or after September 1, 2005, | 31208 |
eighty-five dollars; | 31209 |
| 31210 |
dollars; | 31211 |
| 31212 |
certificate, the amount specified in rules adopted under section | 31213 |
4723.79 of the Revised Code; | 31214 |
| 31215 |
nursing license, certificate of authority, or dialysis technician | 31216 |
certificate, fifty dollars; | 31217 |
| 31218 |
continuing nursing education programs and courses from an | 31219 |
applicant accredited by a national accreditation system for | 31220 |
nursing, five hundred dollars; | 31221 |
| 31222 |
continuing nursing education programs and courses from an | 31223 |
applicant not accredited by a national accreditation system for | 31224 |
nursing, one thousand dollars; | 31225 |
| 31226 |
continuing nursing education programs and courses is renewed, one | 31227 |
hundred fifty dollars; | 31228 |
| 31229 |
training program, the amount specified in rules adopted under | 31230 |
section 4723.79 of the Revised Code; | 31231 |
| 31232 |
certificate of authority, or dialysis technician certificate, one | 31233 |
hundred dollars; | 31234 |
| 31235 |
certificate of authority, or dialysis technician certificate, | 31236 |
other than verification to another jurisdiction, five dollars. The | 31237 |
board may contract for services pertaining to this verification | 31238 |
process and the collection of the fee, and may permit the | 31239 |
contractor to retain a portion of the fees as compensation, before | 31240 |
any amounts are deposited into the state treasury. | 31241 |
(22) For processing a check returned to the board by a | 31242 |
financial institution as noncollectible, twenty-five dollars. | 31243 |
(B) Each quarter, for purposes of transferring funds under | 31244 |
section 4743.05 of the Revised Code to the nurse education | 31245 |
assistance fund created in section 3333.28 of the Revised Code, | 31246 |
the board of nursing shall certify to the director of budget and | 31247 |
management the number of biennial licenses renewed under this | 31248 |
chapter during the preceding quarter and the amount equal to that | 31249 |
number times five dollars. | 31250 |
| 31251 |
31252 | |
31253 | |
31254 | |
31255 |
Sec. 4723.32. This chapter does not prohibit any of the | 31256 |
following: | 31257 |
(A) The practice of nursing by a student currently enrolled | 31258 |
in and actively pursuing completion of a prelicensure nursing | 31259 |
education program approved by the board of nursing, if the | 31260 |
student's practice is under the auspices of the program and the | 31261 |
student acts under the supervision of a registered nurse serving | 31262 |
for the program as a faculty member, teaching assistant, or | 31263 |
preceptor; | 31264 |
(B) The rendering of medical assistance to a licensed | 31265 |
physician, licensed dentist, or licensed podiatrist by a person | 31266 |
under the direction, supervision, and control of such licensed | 31267 |
physician, dentist, or podiatrist; | 31268 |
(C) The activities of persons employed as nursing aides, | 31269 |
attendants, orderlies, or other auxiliary workers in patient | 31270 |
homes, nurseries, nursing homes, hospitals, home health agencies, | 31271 |
or other similar institutions; | 31272 |
(D) The provision of nursing services to family members or | 31274 |
in emergency situations; | 31275 |
(E) The care of the sick when done in connection with the | 31276 |
practice of religious tenets of any church and by or for its | 31277 |
members; | 31278 |
(F) The practice of nursing as a certified registered nurse | 31279 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 31280 |
or certified nurse practitioner by a student currently enrolled | 31281 |
in and actively pursuing completion of a program of study leading | 31282 |
to initial authorization by the board to practice nursing in the | 31283 |
specialty, if the program qualifies the student to sit for the | 31284 |
examination of a national certifying organization listed in | 31285 |
division (A)(3) of section 4723.41 of the Revised Code or approved | 31286 |
by the board under section
4723.46 of the Revised Code | 31287 |
program prepares the student to receive a master's degree in | 31288 |
accordance with division (A)(2) of section 4723.41 of the Revised | 31289 |
Code, the student's practice is under the auspices of the program, | 31290 |
and the student acts under the supervision of a registered nurse | 31291 |
serving for the program as a faculty member, teaching assistant, | 31292 |
or preceptor; | 31293 |
(G) The activities of an individual who currently holds a | 31294 |
license to practice nursing in another jurisdiction, if the | 31295 |
individual's license has not been revoked, the individual is not | 31296 |
currently under suspension or on probation, the individual does | 31297 |
not represent the individual as being licensed under this chapter, | 31298 |
and one of the following is the case: | 31299 |
(1) The individual is engaging in the practice of nursing by | 31300 |
discharging official duties while employed by or under contract | 31301 |
with the United States government or any agency thereof; | 31302 |
(2) The individual is engaging in the practice of nursing as | 31303 |
an employee of an individual, agency, or corporation located in | 31304 |
the other jurisdiction in a position with employment | 31305 |
responsibilities that include transporting patients into, out of, | 31306 |
or through this state, as long as each trip in this state does not | 31307 |
exceed seventy-two hours; | 31308 |
(3) The individual is consulting with an individual licensed | 31309 |
in this state to practice any health-related profession; | 31310 |
(4) The individual is engaging in activities associated with | 31311 |
teaching in this state as a guest lecturer at or for a nursing | 31312 |
education program, continuing nursing education program, or | 31313 |
in-service presentation; | 31314 |
(5) The individual is conducting evaluations of nursing care | 31315 |
that are undertaken on behalf of an accrediting organization, | 31316 |
including the national league for nursing accrediting committee, | 31317 |
the joint commission on accreditation of healthcare organizations, | 31318 |
or any other nationally recognized accrediting organization; | 31319 |
(6) The individual is providing nursing care to an | 31320 |
individual who is in this state on a temporary basis, not to | 31321 |
exceed six months in any one calendar year, if the nurse is | 31322 |
directly employed by or under contract with the individual or a | 31323 |
guardian or other person acting on the individual's behalf; | 31324 |
(7) The individual is providing nursing care during any | 31325 |
disaster, natural or otherwise, that has been officially declared | 31326 |
to be a disaster by a public announcement issued by an appropriate | 31327 |
federal, state, county, or municipal official. | 31328 |
Sec. 4723.79. The board of nursing shall adopt rules to | 31329 |
administer and enforce sections 4723.71 to 4723.79 of the Revised | 31330 |
Code. The board shall adopt the rules in accordance with Chapter | 31331 |
119. of the Revised Code. The rules shall establish or specify | 31332 |
all of the following: | 31333 |
(A) The application process, fee, and requirements for | 31334 |
approval, reapproval, and withdrawing the approval of a dialysis | 31335 |
training program under section 4723.74 of the Revised Code. The | 31336 |
requirements shall include standards that must be satisfied | 31337 |
regarding curriculum, length of training, and instructions in | 31338 |
patient care. | 31339 |
(B) The application process, fee, and requirements for | 31340 |
issuance of a certificate under section 4723.75 of the Revised | 31341 |
Code, except that the amount of the fee shall be no greater than | 31342 |
the fee charged under division (A)(1) of section 4723.08 of the | 31343 |
Revised Code; | 31344 |
(C) The application process, fee, and requirements for | 31345 |
issuance of a temporary certificate under section 4723.76 of the | 31346 |
Revised Code; | 31347 |
(D) The process for approval of testing organizations under | 31348 |
section 4723.751 of the Revised Code; | 31349 |
(E) Subjects to be included in a certification examination | 31350 |
provided for in division (B)(1) of section 4723.75 of the Revised | 31351 |
Code; | 31352 |
(F) The schedule, fees, and continuing education | 31353 |
requirements for renewal of a certificate under section 4723.77 of | 31354 |
the Revised Code, except that the fee for the renewal of a | 31355 |
certificate shall be no greater than the fee charged under | 31356 |
division (A)(9) of section 4723.08 of the Revised Code or, | 31357 |
effective September 1, 2003, division (A)(10) of that section; | 31358 |
(G) Standards and procedures for establishing and | 31359 |
maintaining the dialysis registry required by section 4723.78 of | 31360 |
the Revised Code, including standards and procedures that persons | 31361 |
must follow in providing the information to be included in the | 31362 |
registry; | 31363 |
(H) Standards for the administration of medication by | 31364 |
dialysis technicians under section 4723.72 of the Revised Code; | 31365 |
(I) The information a dialysis provider is to provide to the | 31366 |
board when attesting to a person's competence to perform dialysis; | 31367 |
(J) Standards and procedures for the supervision of dialysis | 31368 |
technicians who provide dialysis care in a patient's home, | 31369 |
including monthly home visits by a registered nurse to monitor the | 31370 |
quality of the dialysis care; | 31371 |
(K) Any other procedures or requirements necessary for the | 31372 |
administration and enforcement of sections 4723.71 to 4723.79 of | 31373 |
the Revised Code. | 31374 |
Sec. 4725.44. (A) The Ohio optical dispensers board shall | 31375 |
be responsible for the administration of sections 4725.40 to | 31376 |
4725.59 of the Revised Code and, in particular, shall process | 31377 |
applications for licensure as licensed dispensing opticians; | 31378 |
schedule, administer, and supervise the qualifying examinations | 31379 |
for licensure or contract with a testing service to schedule, | 31380 |
administer, and supervise the qualifying examination for | 31381 |
licensure; issue licenses to qualified individuals; revoke and | 31382 |
suspend licenses; and maintain adequate records with respect to | 31383 |
its operations and responsibilities. | 31384 |
(B) The board shall adopt, amend, or rescind rules, pursuant | 31385 |
to Chapter 119. of the Revised Code, for the licensure of | 31386 |
dispensing opticians, and such other rules as are required by or | 31387 |
necessary to carry out the responsibilities imposed by sections | 31388 |
4725.40 to 4725.59 of the Revised Code. | 31389 |
(C) The board shall have no authority to adopt rules | 31390 |
governing the employment of dispensing opticians, the location or | 31391 |
number of optical stores, advertising of optical products or | 31392 |
services, or the manner in which such products can be displayed. | 31393 |
Sec. 4725.48. (A) Any person who desires to engage in | 31394 |
optical dispensing, except as provided in section 4725.47 of the | 31395 |
Revised Code, shall file a properly completed written application | 31396 |
for an examination with the Ohio optical dispensers board or with | 31397 |
the testing service the board has contracted with pursuant to | 31398 |
section 4725.49 of the Revised Code. The application for | 31399 |
examination shall be made on a form provided by the board or | 31400 |
testing service and shall be accompanied by an examination fee the | 31401 |
board shall establish by rule. Applicants must return the | 31402 |
application to the board or testing service at least sixty days | 31403 |
prior to the date the examination is scheduled to be administered. | 31404 |
(B) Except as provided in section 4725.47 of the Revised | 31405 |
Code, any person who desires to engage in optical dispensing shall | 31406 |
file a properly completed written application for a license with | 31407 |
the board with the appropriate license fee as set forth under | 31408 |
section 4725.50 of the Revised Code. | 31409 |
No person shall be eligible to
| 31410 |
a license under
this division, unless
| 31411 |
eighteen years of age, is of good moral character, is free of | 31412 |
contagious or infectious disease,
| 31413 |
score, as determined by the board, on the examination administered | 31414 |
under division (A) of this section, is a graduate of an accredited | 31415 |
high school of any state, or has received an equivalent education | 31416 |
| 31417 |
| 31418 |
31419 | |
31420 | |
31421 | |
has successfully completed either of the following: | 31422 |
(1) Two years of supervised experience under a licensed | 31423 |
dispensing optician, optometrist, or physician engaged in the | 31424 |
practice of ophthalmology, up to one year of which may be | 31425 |
continuous experience of not less than thirty hours a week in an | 31426 |
optical laboratory; | 31427 |
(2) A two-year college level program in optical dispensing | 31428 |
that has been approved by the board and that includes, but is not | 31429 |
limited to, courses of study in mathematics, science, English, | 31430 |
anatomy and physiology of the eye, applied optics, ophthalmic | 31431 |
optics, measurement and inspection of lenses, lens grinding and | 31432 |
edging, ophthalmic lens design, keratometry, and the fitting and | 31433 |
adjusting of spectacle lenses and frames and contact lenses, | 31434 |
including methods of fitting contact lenses and post-fitting care. | 31435 |
(C)
| 31436 |
31437 | |
31438 | |
31439 | |
31440 | |
31441 |
| 31442 |
as an ocularist shall file a properly completed written | 31443 |
application with the board accompanied by the appropriate fee and | 31444 |
proof that the applicant has met the requirements for licensure. | 31445 |
The board shall establish, by rule, the application fee and the | 31446 |
minimum requirements for licensure, including education, | 31447 |
examination, or experience standards recognized by the board as | 31448 |
national standards for ocularists. The board shall issue a | 31449 |
license to practice as an ocularist to an applicant who satisfies | 31450 |
the requirements of this division and rules adopted pursuant to | 31451 |
this division. | 31452 |
Sec. 4725.49. (A) The Ohio optical dispensers board
| 31453 |
31454 | |
31455 | |
examination of applicants by designing, preparing, and | 31456 |
administering the qualifying examinations or by contracting with a | 31457 |
testing service that is nationally recognized as being capable of | 31458 |
determining competence to dispense optical aids as a licensed | 31459 |
spectacle dispensing optician, a licensed contact lens dispensing | 31460 |
optician, or a licensed spectacle-contact lens dispensing | 31461 |
optician. Any examination used shall be designed to measure | 31462 |
specific performance requirements, be professionally constructed | 31463 |
and validated, and be independently and objectively administered | 31464 |
and scored in order to determine the applicant's competence to | 31465 |
dispense optical aids. | 31466 |
(B) The board shall ensure that it, or the testing service | 31467 |
it contracts with, does all of the following: | 31468 |
(1) Provides public notice as to the date, time, and place | 31469 |
for each examination at least ninety days prior to the | 31470 |
examination; | 31471 |
(2) Offers each qualifying examination at least twice each | 31472 |
year in Columbus, except as provided in division (C) of this | 31473 |
section; | 31474 |
(3) Provides to each applicant all forms necessary to apply | 31475 |
for examination; | 31476 |
(4) Provides all materials and equipment necessary for the | 31477 |
applicant to take the examination. | 31478 |
(C) If the number of applicants for any qualifying | 31479 |
examination is less than ten, the examination may be postponed. | 31480 |
The board or testing service shall provide the applicant with | 31481 |
written notification of the postponement and of the next date the | 31482 |
examination is scheduled to be administered. | 31483 |
(D) No limitation shall be placed upon the number of times | 31484 |
that an applicant may repeat any qualifying examination, except | 31485 |
that, if an applicant fails an examination for a third time, the | 31486 |
board may require that the applicant, prior to retaking the | 31487 |
examination, undergo additional study in the areas of the | 31488 |
examination in which
| 31489 |
Sec. 4729.65. (A) Except as provided in division (B) of | 31490 |
this section, all receipts of the state board of pharmacy, from | 31491 |
any source, shall be deposited into the state treasury to the | 31492 |
credit of the
| 31493 |
operating fund, which is hereby created. All moneys derived from | 31494 |
fees the board is entitled to collect under this chapter shall be | 31495 |
deposited to the credit of the fund. All moneys deposited into | 31496 |
the state treasury pursuant to this section shall be used solely | 31497 |
for the administration and enforcement of this chapter. All | 31498 |
vouchers of the board shall be approved by the president or | 31499 |
executive director of the board, or both, as authorized by the | 31500 |
board. All initial issuance fees and renewal fees required by | 31501 |
sections 4729.01 to 4729.54 of the Revised Code shall be payable | 31502 |
by the applicant at the time of making application. | 31503 |
(B)(1) There is hereby created in the state treasury the | 31504 |
board of pharmacy drug law enforcement fund. All moneys that are | 31505 |
derived from any fines, mandatory fines, or forfeited bail to | 31506 |
which the board may be entitled under Chapter 2925., division | 31507 |
(C)(1) of section 2923.42, or division (B)(5) of section 2925.42 | 31508 |
of the Revised Code and all moneys that are derived from | 31509 |
forfeitures of property to which the board may be entitled | 31510 |
pursuant to Chapter 2925. of the Revised Code, section 2923.32, | 31511 |
2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the Revised | 31512 |
Code, any other section of the Revised Code, or federal law shall | 31513 |
be deposited into the fund. Subject to division (B)(2) of this | 31514 |
section, division (D)(2)(c) of section 2923.35, division (B)(5) of | 31515 |
section 2923.44, division (B)(7)(c) of section 2923.46, and | 31516 |
divisions (D)(1)(c) and (3) of section 2933.43 of the Revised | 31517 |
Code, the moneys in the fund shall be used solely to subsidize the | 31518 |
drug law enforcement efforts of the board. | 31519 |
(2) Notwithstanding any contrary provision in the Revised | 31520 |
Code, moneys that are derived from forfeitures of property | 31521 |
pursuant to federal law and that are deposited into the board of | 31522 |
pharmacy drug law enforcement fund in accordance with division | 31523 |
(B)(1) of this section shall be used and accounted for in | 31524 |
accordance with the applicable federal law, and the board | 31525 |
otherwise shall comply with that law in connection with the | 31526 |
moneys. | 31527 |
(C) All fines and forfeited bonds assessed and collected | 31528 |
under prosecution or prosecution commenced in the enforcement of | 31529 |
this chapter shall be paid to the executive director of the board | 31530 |
within thirty days and by the executive director paid into the | 31531 |
state treasury to the credit of the
| 31532 |
31533 | |
the approval of the controlling board and except for fees required | 31534 |
to be established by the board at amounts "adequate" to cover | 31535 |
designated expenses, may establish fees in excess of the amounts | 31536 |
provided by this chapter, provided that such fees do not exceed | 31537 |
the amounts permitted by this chapter by more than fifty per cent. | 31538 |
Sec. 4731.14. (A) As used in this section, "graduate | 31539 |
medical education" has the same meaning as in section 4731.091 of | 31540 |
the Revised Code. | 31541 |
(B) The state medical board shall issue its certificate to | 31542 |
practice medicine and surgery or osteopathic medicine and surgery | 31543 |
as follows: | 31544 |
(1) The board shall issue its certificate to each individual | 31545 |
who was admitted to the board's examination by meeting the | 31546 |
educational requirements specified in division (B)(1) or (3) of | 31547 |
section 4731.091 of the Revised Code if the individual passes the | 31548 |
examination, pays a certificate issuance fee of three hundred | 31549 |
dollars, and submits evidence satisfactory to the board that the | 31550 |
individual has successfully completed not less than twelve months | 31551 |
of graduate medical education or its equivalent as determined by | 31552 |
the board. | 31553 |
(2) Except as provided in section 4731.142 of the Revised | 31554 |
Code, the board shall issue its certificate to each individual who | 31555 |
was admitted to the board's examination by meeting the educational | 31556 |
requirements specified in division (B)(2) of section 4731.091 of | 31557 |
the Revised Code if the individual passes the examination, pays a | 31558 |
certificate issuance fee of three hundred dollars, submits | 31559 |
evidence satisfactory to the board that the individual has | 31560 |
successfully completed not less than twenty-four months of | 31561 |
graduate medical education through the second-year level of | 31562 |
graduate medical education or its equivalent as determined by the | 31563 |
board, and, if the individual passed the examination prior to | 31564 |
completing twenty-four months of graduate medical education or its | 31565 |
equivalent, the individual continues to meet the moral character | 31566 |
requirements for admission to the board's examination. | 31567 |
(C) Each certificate issued by the board shall be signed by | 31568 |
its president and secretary, and attested by its seal. The | 31569 |
certificate shall be on a form prescribed by the board and shall | 31570 |
indicate the medical degree held by the individual to whom the | 31571 |
certificate is issued. If the individual holds the degree of | 31572 |
doctor of medicine, the certificate shall state that the | 31573 |
individual is authorized to practice medicine and surgery pursuant | 31574 |
to the laws of this state. If the individual holds the degree of | 31575 |
doctor of osteopathic medicine, the certificate shall state that | 31576 |
the individual is authorized to practice osteopathic medicine and | 31577 |
surgery pursuant to the laws of this state. If the individual | 31578 |
holds a medical degree other than the degree of doctor of medicine | 31579 |
or doctor of osteopathic medicine, the certificate shall indicate | 31580 |
the diploma, degree, or other document issued by the medical | 31581 |
school or institution the individual attended and shall state that | 31582 |
the individual is authorized to practice medicine and surgery | 31583 |
pursuant to the laws of this state. | 31584 |
(D) The certificate shall be prominently displayed in the | 31585 |
certificate holder's office or place where a major portion of the | 31586 |
certificate holder's practice is conducted and shall entitle the | 31587 |
holder to practice either medicine and surgery or osteopathic | 31588 |
medicine and surgery provided the certificate holder maintains | 31589 |
current registration as required by section 4731.281 of the | 31590 |
Revised Code and provided further that such certificate has not | 31591 |
been revoked, suspended, or limited by action of the state medical | 31592 |
board pursuant to this chapter. | 31593 |
(E) An affirmative vote of not less than six members of the | 31594 |
board is required for the issuance of a certificate. | 31595 |
| 31596 |
31597 | |
31598 | |
31599 | |
31600 | |
31601 |
Sec. 4731.53. At the time an applicant files an application, | 31603 |
the applicant shall file with the secretary of the state medical | 31604 |
board evidence of preliminary education showing that the applicant | 31605 |
has satisfactorily completed at least two years of collegiate work | 31606 |
in an approved college of arts and sciences in addition to high | 31607 |
school graduation. When the entrance examiner finds the | 31608 |
preliminary education of the applicant sufficient, the entrance | 31609 |
examiner shall issue a certificate of preliminary examination upon | 31610 |
the payment to the treasurer of the board of a fee of thirty-five | 31611 |
dollars. Such certificate shall be attested by the secretary. | 31612 |
The applicant shall also present a diploma from a college of | 31613 |
podiatric medicine and surgery in good standing as defined by the | 31614 |
board at the time the diploma was issued. The applicant shall | 31615 |
present an affidavit that the applicant is the person named in the | 31616 |
diploma and is the lawful possessor thereof stating the | 31617 |
applicant's age, residence, the school at which the applicant | 31618 |
obtained education in podiatric medicine and surgery, the time | 31619 |
spent in the study of podiatric medicine and surgery, and such | 31620 |
other facts as the board may require. | 31621 |
The applicant shall also present proof of completion of one | 31622 |
year of postgraduate training in a podiatric internship, | 31623 |
residency, or clinical fellowship program accredited by the | 31624 |
council on podiatric medical education or the American podiatric | 31625 |
medical association. | 31626 |
Sec. 4731.573. (A) An individual seeking to pursue an | 31627 |
internship, residency, or clinical fellowship program in podiatric | 31628 |
medicine and surgery in this state, who does not hold a | 31629 |
certificate to practice podiatric medicine and surgery issued | 31630 |
under this chapter, shall apply to the state medical board for a | 31631 |
training certificate. The application shall be made on forms that | 31632 |
the board shall furnish and shall be accompanied by an application | 31633 |
fee of seventy-five dollars. | 31634 |
An applicant for a training certificate shall furnish to the | 31635 |
board all of the following: | 31636 |
(1) Evidence satisfactory to the board that the applicant is | 31637 |
at least eighteen years of age and is of good moral character; | 31638 |
(2) Evidence satisfactory to the board that the applicant | 31639 |
has been accepted or appointed to participate in this state in one | 31640 |
of the following: | 31641 |
(a) An internship or residency program accredited by either | 31642 |
the council on podiatric medical education or the American | 31643 |
podiatric medical association; | 31644 |
(b) A clinical fellowship program at an institution with a | 31645 |
residency program accredited by either the council on podiatric | 31646 |
medical education or the American podiatric medical association | 31647 |
that is in a clinical field the same as or related to the clinical | 31648 |
field of the fellowship program. | 31649 |
(3) Information identifying the beginning and ending dates | 31650 |
of the period for which the applicant has been accepted or | 31651 |
appointed to participate in the internship, residency, or clinical | 31652 |
fellowship program; | 31653 |
(4) Any other information that the board requires. | 31654 |
(B) If no grounds for denying a certificate under section | 31655 |
4731.22 of the Revised Code apply and the applicant meets the | 31656 |
requirements of division (A) of this section, the board shall | 31657 |
issue a training certificate to the applicant. The board shall | 31658 |
not require an examination as a condition of receiving a training | 31659 |
certificate. | 31660 |
A training certificate issued pursuant to this section shall | 31661 |
be valid only for the period of one year, but may in the | 31662 |
discretion of the board and upon application duly made, be renewed | 31663 |
annually for a maximum of five years. The fee for renewal of a | 31664 |
training certificate shall be thirty-five dollars. | 31665 |
The board shall maintain a register of all individuals who | 31666 |
hold training certificates. | 31667 |
(C) The holder of a valid training certificate shall be | 31668 |
entitled to perform such acts as may be prescribed by or | 31669 |
incidental to the holder's internship, residency, or clinical | 31670 |
fellowship program, but the holder shall not be entitled otherwise | 31671 |
to engage in the practice of podiatric medicine and surgery in | 31672 |
this state. The holder shall limit activities under the | 31673 |
certificate to the programs of the hospitals or facilities for | 31674 |
which the training certificate is issued. The holder shall train | 31675 |
only under the supervision of the podiatrists responsible for | 31676 |
supervision as part of the internship, residency, or clinical | 31677 |
fellowship program. A training certificate may be revoked by the | 31678 |
board upon proof, satisfactory to the board, that the holder | 31679 |
thereof has engaged in practice in this state outside the scope of | 31680 |
the internship, residency, or clinical fellowship program for | 31681 |
which the training certificate has been issued, or upon proof, | 31682 |
satisfactory to the board, that the holder thereof has engaged in | 31683 |
unethical conduct or that there are grounds for action against the | 31684 |
holder under section 4731.22 of the Revised Code. | 31685 |
(D) The board may adopt rules as the board finds necessary | 31686 |
to effect the purpose of this section. | 31687 |
Sec. 4734.20. (A) Except for persons seeking to practice | 31689 |
chiropractic under a special limited license issued pursuant to | 31690 |
section 4734.27 of the Revised Code, each person seeking to | 31691 |
practice chiropractic in this state shall apply in writing to | 31692 |
the state chiropractic board for a license to practice | 31693 |
chiropractic. The application shall be made under oath, on a form | 31694 |
prescribed by the board, and shall be accompanied by a fee of two | 31695 |
hundred fifty dollars. | 31696 |
(B) Except as provided in sections 4734.23 and 4734.24 of | 31697 |
the Revised Code, to receive a chiropractic license, an applicant | 31698 |
must meet the following conditions: | 31699 |
(1) The applicant must be at least twenty-one years of age, | 31700 |
be of good moral character, and possess a high school education | 31701 |
or its equivalent. | 31702 |
(2) The applicant must have successfully completed, prior to | 31703 |
matriculation at a school or college of chiropractic, at least two | 31704 |
years of college credit in the arts and sciences at a college or | 31705 |
university accredited by a state or regional accrediting | 31706 |
organization recognized by the board, except that the board may | 31707 |
adopt rules in accordance with Chapter 119. of the Revised Code | 31708 |
that require completion of additional years of college credit or | 31709 |
receipt of a college degree in an area specified in the rules. | 31710 |
(3) The applicant must be a graduate of and hold the | 31711 |
degree of doctor of chiropractic from a school or college of | 31712 |
chiropractic approved by the board under section 4734.21 of the | 31713 |
Revised Code. | 31714 |
(4) The applicant must have received one of the following | 31715 |
from the national board of chiropractic examiners, as appropriate | 31716 |
according to the date of the applicant's graduation from a school | 31717 |
or college of chiropractic: | 31718 |
(a) If the applicant graduated on or after January 1, 1970, | 31719 |
but before January 1, 1989, a "diplomate certificate" or | 31720 |
"certificate of attainment" evidencing passage of parts I and II | 31721 |
and the physiotherapy section of the national board's | 31722 |
examinations; | 31723 |
(b) If the applicant graduated on or after January 1, 1989, | 31724 |
but before
January 1,
| 31725 |
evidencing passage of parts I, II, and III and the physiotherapy | 31726 |
section of the national board's examinations; | 31727 |
(c) If the applicant graduated on or after
January 1,
| 31728 |
2002, a "certificate of attainment" evidencing passage of parts I, | 31729 |
II, III, and IV and the physiotherapy section of the national | 31730 |
board's examinations. | 31731 |
(5) The applicant must have passed the board's jurisprudence | 31732 |
examination conducted under section 4734.22 of the Revised Code. | 31733 |
(C) The board shall issue a license to practice chiropractic | 31734 |
to each applicant who files a complete application, pays all | 31735 |
applicable fees, and meets the conditions specified in division | 31736 |
(B) of this section. The burden of proof is on the applicant, to | 31737 |
prove by clear and convincing evidence to the board, that the | 31738 |
applicant meets the conditions for receipt of the license. | 31739 |
The board may conduct any investigation it considers | 31740 |
appropriate to verify an applicant's credentials, moral character, | 31741 |
and fitness to receive a license. In conducting an investigation, | 31742 |
the board may request information from the records maintained by | 31743 |
the federal bureau of investigation, the bureau of criminal | 31744 |
identification and investigation, and any other repositories of | 31745 |
criminal records held in this or another state. The board may | 31746 |
charge the applicant a fee for conducting the investigation. The | 31747 |
amount of the fee shall not exceed the expenses the board incurs | 31748 |
in conducting the investigation and may include any fees that must | 31749 |
be paid to obtain information in the criminal record. | 31750 |
Sec. 4736.12. (A) The state board of sanitarian | 31751 |
registration shall charge the following fees: | 31752 |
(1) To apply as a sanitarian-in-training,
| 31753 |
fifty-seven dollars; | 31754 |
(2) For sanitarians-in-training to apply for registration as | 31755 |
sanitarians,
| 31756 |
pay this fee only once regardless of the number of times the | 31757 |
applicant takes an examination required under section 4736.08 of | 31758 |
the Revised Code. | 31759 |
(3) For persons other than sanitarians-in-training to apply | 31760 |
for registration as sanitarians, including persons meeting the | 31761 |
requirements of section 4736.16 of the Revised Code, one hundred | 31762 |
| 31763 |
regardless of the number of times the applicant takes an | 31764 |
examination required under section 4736.08 of the Revised Code. | 31765 |
(4) The renewal fee for registered sanitarians shall be | 31766 |
fixed by the board and shall not exceed
| 31767 |
dollars. | 31768 |
(5) The renewal fee for sanitarians-in-training shall be | 31769 |
fixed by the board and shall not exceed
| 31770 |
dollars. | 31771 |
(6) For late application for renewal, twenty-five dollars. | 31772 |
The board of sanitarian registration, with the approval of | 31773 |
the controlling board, may establish fees in excess of the amounts | 31774 |
provided in this section, provided that such fees do not exceed | 31775 |
the amounts permitted by this section by more than fifty per cent. | 31776 |
(B) The board of sanitarian registration shall charge | 31777 |
separate fees for examinations as required by section 4736.08 of | 31778 |
the Revised Code, provided that the fees are not in excess of the | 31779 |
actual cost to the board of conducting the examinations. | 31780 |
(C) The board of sanitarian registration may adopt rules | 31781 |
establishing fees for all of the following: | 31782 |
(1) Application for the registration of a training agency | 31783 |
approved under rules adopted by the board pursuant to section | 31784 |
4736.11 of the Revised Code and for the annual registration | 31785 |
renewal of an approved training agency. | 31786 |
(2) Application for the review of continuing education hours | 31787 |
submitted for the board's approval by approved training agencies | 31788 |
or by registered sanitarians or sanitarians-in-training. | 31789 |
Sec. 4736.14. The state board of sanitarian registration | 31790 |
may, upon application and proof of valid registration, issue a | 31791 |
certificate of registration to any
| 31792 |
who is or has been registered as a sanitarian by any other state, | 31793 |
if the requirements of that state at the time of such registration | 31794 |
are determined by the board to be at least equivalent to the | 31795 |
requirements of this chapter. | 31796 |
Sec. 4743.05. Except as otherwise provided in
| 31797 |
section
4701.20 | 31798 |
collected under Chapters 3773., 4701., 4703., 4709., 4713., 4715., | 31799 |
4717.,
4723., 4725.,
| 31800 |
4753., 4755., 4757., 4759., and 4761. of the Revised Code, and | 31801 |
until December 31, 2004, money collected under Chapter 4779. of | 31802 |
the Revised Code, shall be paid into the state treasury to the | 31803 |
credit of the occupational licensing and regulatory fund, which is | 31804 |
hereby
created for use in
administering such chapters.
| 31805 |
31806 | |
31807 | |
31808 |
At the end of each quarter, the director of budget and | 31809 |
management shall transfer from the occupational licensing and | 31810 |
regulatory fund to the nurse education assistance fund created in | 31811 |
section 3333.28 of the Revised Code the amount certified to the | 31812 |
director under division (B) of section 4723.08 of the Revised | 31813 |
Code. | 31814 |
At
| 31815 |
each quarter
| 31816 |
occupational licensing and regulatory fund to the certified public | 31817 |
accountant education assistance fund created in section 4701.26 of | 31818 |
the Revised Code the amount certified to the director under | 31819 |
division
| 31820 |
Sec. 4755.01. As used in sections 4755.01 to 4755.12 and | 31821 |
section 4755.99 of the Revised Code: | 31822 |
(A) "Occupational therapy" means the evaluation of learning | 31823 |
and performance skills and the analysis, selection, and adaptation | 31824 |
of activities for an individual whose abilities to cope with daily | 31825 |
living, perform tasks normally performed at
| 31826 |
stage of development, and perform vocational tasks are threatened | 31827 |
or impaired by developmental deficiencies, the aging process, | 31828 |
environmental deprivation, or physical, psychological, or social | 31829 |
injury or illness, through specific techniques which include: | 31830 |
(1) Planning and implementing activities and programs to | 31831 |
improve sensory and motor functioning at the level of performance | 31832 |
normal for the individual's stage of development; | 31833 |
(2) Teaching skills, behaviors, and attitudes crucial to the | 31834 |
individual's independent, productive, and satisfying social | 31835 |
functioning; | 31836 |
(3) Designing, fabricating, applying, recommending, and | 31837 |
instructing in the use of selected orthotic or prosthetic devices | 31838 |
and other equipment which assists the individual to adapt to
| 31839 |
the individual's potential or actual impairment; | 31840 |
(4) Analyzing, selecting, and adapting activities to | 31841 |
maintain the individual's optimal performance of tasks and to | 31842 |
prevent further disability; | 31843 |
(5) Administration of topical drugs that have been prescribed | 31844 |
by a licensed health professional authorized to prescribe drugs, | 31845 |
as defined in section 4729.01 of the Revised Code. | 31846 |
(B) "Occupational therapist" means a person who is licensed | 31847 |
to practice occupational therapy and who offers such services to | 31848 |
the public under any title incorporating the words "occupational | 31849 |
therapy," "occupational therapist," or any similar title or | 31850 |
description of services. | 31851 |
(C) "Occupational therapy assistant" means a person licensed | 31852 |
to apply the more standard occupational therapy techniques under | 31853 |
the general supervision of an occupational therapist. | 31854 |
Sec. 4761.05. (A) The Ohio respiratory care board shall | 31855 |
issue a license to any applicant who complies with the | 31856 |
requirements of section 4761.04 of the Revised Code, files the | 31857 |
prescribed application form, and pays the fee or fees required | 31858 |
under section 4761.07 of the Revised Code. The license entitles | 31859 |
the holder to practice respiratory care. The licensee shall | 31860 |
display the license in a conspicuous place at the licensee's | 31861 |
principal place of business. | 31862 |
(B)(1) The board shall issue a limited permit to any | 31863 |
applicant who meets the requirements of division (A)(1) of section | 31864 |
4761.04 of the Revised Code, files the prescribed application | 31865 |
form, pays the fee required under section 4761.07 of the Revised | 31866 |
Code, and meets either of the following requirements: | 31867 |
(a) Is enrolled in and is in good standing in a respiratory | 31868 |
care educational program approved by the board that meets the | 31869 |
requirements of division (A)(2) of section 4761.04 of the Revised | 31870 |
Code leading to a degree or certificate of completion or is a | 31871 |
graduate of the program; | 31872 |
(b) Is employed as a provider of respiratory care in this | 31873 |
state and was employed as a provider of respiratory care in this | 31874 |
state prior to March 14, 1989. | 31875 |
(2) The limited permit authorizes the holder to provide | 31876 |
respiratory care under the supervision of a respiratory care | 31877 |
professional. A person issued a limited permit under division | 31878 |
(B)(1)(a) of this section may practice respiratory care under the | 31879 |
limited permit for not more than the earliest of the following: | 31880 |
(a) Three years after the date the limited permit is issued; | 31881 |
(b) One year following the date of receipt of a certificate | 31882 |
of completion from a board-approved respiratory care education | 31883 |
program; | 31884 |
(c) Until the holder
| 31885 |
in the educational program. | 31886 |
The board may extend the term of a limited permit in cases of | 31887 |
unusual hardship. The holder seeking an extension shall petition | 31888 |
the board in the form and manner prescribed by the board in rules | 31889 |
adopted under section 4761.03 of the Revised Code. This division | 31890 |
does not require a student enrolled in an educational program | 31891 |
leading to a degree or certificate of completion in respiratory | 31892 |
care approved by the board to obtain a limited permit to perform | 31893 |
any duties that are part of the required course of study. | 31894 |
(3) A person issued a limited permit under division | 31895 |
(B)(1)(b) of this section may practice under a limited permit for | 31896 |
not more than three years, except that this restriction does not | 31897 |
apply to a permit holder who, on March 14, 1989, has been employed | 31898 |
as a provider of respiratory care for an average of not less than | 31899 |
twenty-five hours per week for a period of not less than five | 31900 |
years by a hospital. | 31901 |
(C) All holders of licenses and limited permits issued under | 31902 |
this section shall display, in a conspicuous place on their | 31903 |
persons, information that identifies the type of authorization | 31904 |
under which they practice. | 31905 |
Sec. 4775.01. As used in this chapter: | 31906 |
(A) "Motor vehicle" has the same meaning as in section | 31907 |
4501.01 of the Revised Code. | 31908 |
(B) "Collision" means an occurrence in which two or more | 31909 |
objects, whether mobile or stationary, contact one another in a | 31910 |
manner that causes the alteration of the surface, structure, or | 31911 |
appearance, whether separately or collectively, of an object that | 31912 |
is party to the occurrence. | 31913 |
(C) "Collision repair" means any and all restorative or | 31914 |
replacement procedures that are performed on and affect or | 31915 |
potentially affect the structural, life safety, and cosmetic | 31916 |
components of a motor vehicle that has been damaged as a result of | 31917 |
a collision. "Collision repair" also includes any procedure that | 31918 |
is employed for the purpose of repairing, restoring, replacing, or | 31919 |
refinishing, whether wholly or separately, any structural, life | 31920 |
safety, or cosmetic component of a motor vehicle to a condition | 31921 |
approximating or replicating the function, use, or appearance of | 31922 |
the component prior to a collision. | 31923 |
(D)
"Motor vehicle collision repair operator" means
| 31924 |
person
| 31925 |
31926 | |
31927 | |
foreign or domestic partnership, limited liability corporation, or | 31928 |
other legal entity that is not an employee or agent of a principal | 31929 |
and performs five or more motor vehicle collision repairs in a | 31930 |
calendar year, but does not mean any of the following: | 31931 |
(1) An employee, other than a manager, of a motor vehicle | 31933 |
collision repair operator; | 31934 |
(2) A motor vehicle dealer licensed pursuant to sections | 31935 |
4517.01 to 4517.45 of the Revised Code; | 31936 |
(3) A motor vehicle dealer licensed pursuant to sections | 31937 |
4517.01 to 4517.45 of the Revised Code who also is the owner, part | 31938 |
owner, or operator of a motor vehicle collision repair facility; | 31939 |
(4) A motor vehicle auction owner licensed pursuant to | 31940 |
sections 4517.01 to 4517.45 of the Revised Code; | 31941 |
(5) A motor vehicle leasing dealer licensed pursuant to | 31942 |
sections 4517.01 to 4517.45 of the Revised Code; | 31943 |
(6) A motor vehicle salvage dealer licensed pursuant to | 31944 |
| 31945 |
(7) A person or lessee who owns or leases ten or more motor | 31946 |
vehicles used principally in connection with any established | 31947 |
business and who does not perform motor vehicle collision repairs | 31948 |
on motor vehicles other than the motor vehicles used principally | 31949 |
in connection with the established business; | 31950 |
(8) A motor vehicle renting dealer as defined in division | 31951 |
(A)(2) of section 4549.65 of the Revised Code who does not perform | 31952 |
motor vehicle collision repairs on motor vehicles other than the | 31953 |
motor vehicles used in connection with the established motor | 31954 |
vehicle renting business; | 31955 |
(9) A person who performs collision repairs to the motor | 31956 |
vehicles of a single commercial, industrial, or governmental | 31957 |
establishment exclusively and does not offer or provide motor | 31958 |
vehicle collision repair service to the general public; | 31959 |
(10) The owner, part owner, or officer of, or instructor | 31960 |
employed by, an educational institution that provides instruction | 31961 |
in motor vehicle collision repair while the owner, part owner, | 31962 |
officer of, or instructor is engaging in activity in furtherance | 31963 |
of instruction in motor vehicle collision repair. | 31964 |
| 31965 |
| 31966 |
vehicle collision repairs are
performed
| 31967 |
motor vehicles in a twelve-month period, commencing with the day | 31968 |
of the month in which the first such repair is made. | 31969 |
Sec. 4775.02. (A) No person shall act as a motor vehicle | 31970 |
collision repair operator unless the person is registered in | 31971 |
accordance with this chapter. | 31972 |
(B) Any person or entity that conducts or attempts to | 31973 |
conduct business as a motor vehicle collision repair operator in | 31974 |
violation of this chapter performs an unfair and deceptive act or | 31975 |
practice in violation of section 1345.02 of the Revised Code. | 31976 |
Sec. 4775.08. (A) The initial and annual renewal fee for a | 31977 |
motor vehicle collision repair registration certificate and for a | 31978 |
temporary motor vehicle collision repair registration certificate | 31979 |
is one hundred fifty dollars for each business location at which | 31980 |
the motor vehicle collision repair operator conducts business as | 31981 |
an operator, except that the board of motor vehicle collision | 31982 |
repair registration, with the approval of the controlling board, | 31983 |
may establish fees in excess of or less than that amount, provided | 31984 |
that such fees do not exceed or are not less than that amount by | 31985 |
more than fifty per cent. | 31986 |
The board shall adjust the fees as necessary in order to | 31987 |
provide for the expenses associated with carrying out this chapter | 31988 |
without causing an excessive build-up of surplus funds in the | 31989 |
motor vehicle collision repair registration fund, which is hereby | 31990 |
created in the state treasury. | 31991 |
(B) If the board has notified or attempted to notify a motor | 31992 |
vehicle collision repair operator that the operator is required to | 31993 |
be registered under this chapter, and the operator fails to | 31994 |
register, the initial fee for the registration of such an | 31995 |
unregistered operator for each business location at which the | 31996 |
operator conducts business as an operator, is the initial fee then | 31997 |
in effect plus an additional amount equal to the initial fee then | 31998 |
in effect for each calendar year that the operator is not | 31999 |
registered after the board has notified or attempted to notify the | 32000 |
operator. | 32001 |
(C) The board shall deposit all fees and fines collected | 32002 |
under this chapter into the motor vehicle collision repair | 32003 |
registration fund | 32004 |
The board shall use the fund solely for the administration and | 32005 |
enforcement of this chapter. | 32006 |
Sec. 4775.99. (A) Whoever violates section 4775.02 of the | 32007 |
Revised Code shall be fined not more than one thousand dollars on | 32008 |
a first offense. On each subsequent offense, the offender shall | 32009 |
be fined not less than one thousand nor more than five thousand | 32010 |
dollars. | 32011 |
(B) After conducting an investigation and upon establishing | 32012 |
that a violation of section 4775.02 of the Revised Code has | 32013 |
occurred, the board of motor vehicle collision repair | 32014 |
registration, in addition to any other action it may take or any | 32015 |
other penalty imposed pursuant to this chapter, may impose an | 32016 |
administrative fine on the person or entity that committed the | 32017 |
violation in an amount of not more than one thousand dollars on a | 32018 |
first offense. On each subsequent offense, the board may impose | 32019 |
an administrative fine of not less than one thousand dollars nor | 32020 |
more than five thousand dollars. If the administrative fine is | 32021 |
not paid, the attorney general, upon the board's request, shall | 32022 |
commence a civil action to collect the administrative fine. | 32023 |
Sec. 4779.01. As used in this chapter: | 32024 |
(A) "Accommodative" means designed with the primary goal of | 32025 |
conforming to the anatomy of a particular individual. | 32026 |
(B) "Full-time" means not less than one thousand six hundred | 32027 |
hours per year. | 32028 |
(C) "Inlay" means any removable material on which the foot | 32029 |
rests inside a shoe and that may be an integral design component | 32030 |
of the shoe. | 32031 |
(D) "Orthotics" means the evaluation, measurement, design, | 32032 |
fabrication, assembly, fitting, adjusting, servicing, or training | 32033 |
in the use of an orthotic or pedorthic device, or the repair, | 32034 |
replacement, adjustment, or service of an existing orthotic or | 32035 |
pedorthic device. It does not include upper extremity adaptive | 32036 |
equipment used to facilitate the activities of daily living, | 32037 |
finger splints, wrist splints, prefabricated elastic or fabric | 32038 |
abdominal supports with or without metal or plastic reinforcing | 32039 |
stays and other prefabricated soft goods requiring minimal | 32040 |
fitting, nontherapeutic accommodative inlays, shoes that are not | 32041 |
manufactured or modified for a particular individual, | 32042 |
prefabricated foot care products, durable medical equipment, | 32043 |
dental appliances, pedorthic devices, or devices implanted into | 32044 |
the body by a physician. | 32045 |
(E) "Orthotic device" means a custom fabricated or fitted | 32046 |
medical device used to support, correct, or alleviate | 32047 |
neuromuscular or musculoskeletal dysfunction, disease, injury, or | 32048 |
deformity. | 32049 |
(F) "Pedorthics" means the evaluation, measurement, design, | 32050 |
fabrication, assembly, fitting, adjusting, servicing, or training | 32051 |
in the use of a pedorthic device, or the repair, replacement, | 32052 |
adjustment, or servicing of a pedorthic device. | 32053 |
(G) "Pedorthics device" means a custom fabricated or fitted | 32054 |
therapeutic shoe, shoe modification for therapeutic purposes, | 32055 |
prosthetic filler of the forefoot, or foot orthosis for use from | 32056 |
the apex of the
| 32057 |
does not include an arch support, a nontherapeutic accommodative | 32058 |
inlay, nontherapeutic accommodative footwear, prefabricated | 32059 |
footcare products, or unmodified, over-the-counter shoes. | 32060 |
(H) "Prosthetics" means the evaluation, measurement, design, | 32061 |
fabrication, assembly, fitting, adjusting, servicing, or training | 32062 |
in the use of a prosthesis or pedorthic device, or the repair, | 32063 |
replacement, adjustment, or service of a prosthesis or pedorthic | 32064 |
device. | 32065 |
(I) "Prosthesis" means a custom fabricated or fitted medical | 32066 |
device used to replace a missing appendage or other external body | 32067 |
part. It includes an artificial limb, hand, or foot, but does not | 32068 |
include devices implanted into the body by a physician, artificial | 32069 |
eyes, intraocular lenses, dental appliances, ostomy products, | 32070 |
cosmetic devices such as breast prostheses, eyelashes, wigs, or | 32071 |
other devices that do not have a significant impact on the | 32072 |
musculoskeletal functions of the body. | 32073 |
Sec. 4779.02. (A) Except as provided in division (B) of this | 32074 |
section, no person shall practice or represent that the person is | 32075 |
authorized to practice orthotics, prosthetics, or pedorthics | 32076 |
unless the person holds a current, valid license issued or renewed | 32077 |
under this chapter. | 32078 |
(B) Division (A) of this section does not apply to any of | 32079 |
the following: | 32080 |
(1) An individual who holds a current, valid license, | 32081 |
certificate, or registration issued under Chapter 4723., 4730., | 32082 |
4731., 4734., or 4755. of the Revised Code and is practicing | 32083 |
within the individual's scope of practice under statutes and rules | 32084 |
regulating the individual's profession; | 32085 |
(2) An individual who practices orthotics, prosthetics, or | 32086 |
pedorthics as an employee of the federal government and is engaged | 32087 |
in the performance of duties prescribed by statutes and | 32088 |
regulations of the United States; | 32089 |
(3) An individual who provides orthotic, prosthetic, or | 32090 |
pedorthic services under the supervision of a licensed orthotist, | 32091 |
prosthetist, or pedorthist in accordance with section 4779.04 of | 32092 |
the Revised Code; | 32093 |
(4) An individual who provides orthotic, prosthetic, or | 32094 |
pedorthic services as part of an educational, certification, or | 32095 |
residency program approved by the board under sections 4779.25 to | 32096 |
4779.27 of the Revised Code; | 32097 |
(5) An individual who provides orthotic, prosthetic, or | 32098 |
pedorthic services under the direct supervision of an individual | 32099 |
authorized under Chapter 4731. of the Revised Code to practice | 32100 |
medicine and surgery or osteopathic medicine and surgery. | 32101 |
Sec. 4779.16. The state board of orthotics, prosthetics, and | 32102 |
pedorthics shall issue a license under section 4779.09 of the | 32103 |
Revised Code to practice orthotics, prosthetics, orthotics and | 32104 |
prosthetics, or pedorthics without examination to an applicant who | 32105 |
meets the requirements of divisions (A) and (B) of this section: | 32106 |
(A) Not later than July 27, 2001, applies to the board in | 32107 |
accordance with section 4779.09 of the Revised Code; | 32108 |
(B)(1) In the case of an applicant for a license to practice | 32109 |
orthotics, is actively practicing or teaching orthotics on October | 32110 |
27, 2000, and complies with division
(B) | 32111 |
section: | 32112 |
(a) The applicant meets all of the following requirements: | 32113 |
(i) Holds a bachelor's degree or higher from a nationally | 32114 |
accredited college or university in the United States; | 32115 |
(ii) Has completed a certificate program in orthotics | 32116 |
approved by the board under section 4779.26 of the Revised Code; | 32117 |
(iii) Is certified in orthotics by the American board for | 32118 |
certification in orthotics and prosthetics, the board of | 32119 |
orthotist/prosthetist certification, or an equivalent successor | 32120 |
organization recognized by the board; | 32121 |
(iv) Has completed a residency program approved by the board | 32122 |
under section 4779.27 of the Revised Code. | 32123 |
(b) The individual meets both of the following requirements: | 32124 |
(i) Has a minimum of three years of documented, full-time | 32125 |
experience practicing or teaching orthotics; | 32126 |
(ii) Has passed the certification examination in orthotics | 32127 |
developed by the American board of certification in orthotics and | 32128 |
prosthetics, the board of orthotist/prosthetist certification, or | 32129 |
an equivalent organization recognized by the board. | 32130 |
(2) In the case of an applicant for a license to practice | 32131 |
prosthetics, is actively practicing or teaching prosthetics on | 32132 |
October 27, 2000, and complies with division (B)(2)(a) or (b) of | 32133 |
this section: | 32134 |
(a) The applicant meets all of the following requirements: | 32135 |
(i) Holds a bachelor's degree or higher from a nationally | 32136 |
accredited college or university in the United States; | 32137 |
(ii) Has completed a certificate program in prosthetics | 32138 |
approved by the board under section 4779.26 of the Revised Code; | 32139 |
(iii) Is certified in prosthetics by the American board for | 32140 |
certification in orthotics and prosthetics, the board of | 32141 |
orthotist/prosthetist certification, or an equivalent successor | 32142 |
organization recognized by the board; | 32143 |
(iv) Has completed a residency program approved by the board | 32144 |
under section 4779.27 of the Revised Code. | 32145 |
(b) The applicant meets both of the following requirements: | 32146 |
(i) Has a minimum of three years of documented, full-time | 32147 |
experience practicing or teaching prosthetics; | 32148 |
(ii) Has passed the certification examination in prosthetics | 32149 |
of the American board of certification in orthotics and | 32150 |
prosthetics, the board of orthotist/prosthetist certification, or | 32151 |
an equivalent organization recognized by the board. | 32152 |
(3) In the case of an applicant for a license to practice | 32153 |
orthotics and prosthetics, the applicant complies with division | 32154 |
(B)(3)(a) or (b) of this section: | 32155 |
(a) The applicant meets all of the following requirements: | 32156 |
(i) Holds a bachelor's degree or higher from an accredited | 32157 |
college or university in the United States; | 32158 |
(ii) Has completed a certificate program in orthotics and | 32159 |
prosthetics approved by the board under section 4779.26 of the | 32160 |
Revised Code; | 32161 |
(iii) Has completed a residency program in orthotics and | 32162 |
prosthetics approved under section 4779.27 of the Revised Code; | 32163 |
(iv) Is certified in orthotics and prosthetics by the | 32164 |
American board for certification in orthotics and prosthetics, the | 32165 |
board of orthotist/prosthetist certification, or an equivalent | 32166 |
successor organization recognized by the board; | 32167 |
(b) The applicant meets both of the following requirements: | 32168 |
(i) Has a minimum of six years of documented, full-time | 32169 |
experience practicing or teaching orthotics and prosthetics; | 32170 |
(ii) Has passed the orthotics and prosthetics certification | 32171 |
examination requirements of the American board for certification | 32172 |
in orthotics and prosthetics, the board of orthotist/prosthetist | 32173 |
certification, or an equivalent organization recognized by the | 32174 |
board. | 32175 |
(4) In the case of an applicant for a license to practice | 32176 |
pedorthics, is actively practicing or teaching pedorthics on | 32177 |
October 27, 2000, and is certified in pedorthics by the board for | 32178 |
certification in pedorthics. | 32179 |
Sec. 4779.19. A license issued under section 4779.09 of the | 32180 |
Revised Code or renewed under section 4779.20 of the Revised Code | 32181 |
is valid
| 32182 |
32183 | |
unless earlier suspended or revoked. An initial license and each | 32184 |
renewed license expires on the thirty-first day of January | 32185 |
immediately succeeding the date of issuance. | 32186 |
Sec. 4779.20. (A) An individual seeking to renew a license | 32187 |
issued under section 4779.09 of the Revised Code shall, on or | 32188 |
before the
| 32189 |
license expires pursuant to section 4779.19 of the Revised Code, | 32190 |
apply for renewal. The state board of orthotics, prosthetics, and | 32191 |
pedorthics shall send renewal notices at least one month prior to | 32192 |
the expiration date. | 32193 |
Applications shall be submitted to the board on forms the | 32194 |
board prescribes and furnishes. Each application shall be | 32195 |
accompanied by a renewal fee specified in rules adopted by the | 32196 |
board under section 4779.08 of the Revised Code, except that the | 32197 |
board may waive part of the renewal fee for the first renewal of | 32198 |
an initial license that expires one hundred days or less after it | 32199 |
is issued. | 32200 |
(B)
| 32201 |
32202 | |
thereafter, a license holder must certify to the board one of the | 32203 |
following: | 32204 |
(1) In the case of an individual licensed as an orthotist or | 32205 |
prosthetist, the individual has completed within the preceding | 32206 |
three years forty-five continuing education units granted by the | 32207 |
board under section 4779.24 of the Revised Code; | 32208 |
(2) In the case of an individual licensed as a prosthetist | 32209 |
and orthotist, the individual has completed within the preceding | 32210 |
three years seventy-five continuing education units granted by the | 32211 |
board under section 4779.24 of the Revised Code; | 32212 |
(3) In the case of an individual licensed as a pedorthist, | 32213 |
the individual has completed within the previous three years the | 32214 |
continuing education courses required by the board for | 32215 |
certification in pedorthics or an equivalent organization | 32216 |
recognized by the board. | 32217 |
Sec. 4779.26. The state board of orthotics, prosthetics, and | 32218 |
pedorthics shall recognize a certificate program in orthotics, | 32219 |
prosthetics, or orthotics and prosthetics if the program satisfies | 32220 |
all of the following requirements: | 32221 |
(A) Meets the requirements in divisions (B), (C), (D), (E), | 32222 |
(F),
(K), and (L) of section
| 32223 |
(B) In the case of a certificate program in orthotics, the | 32224 |
program does all of the following: | 32225 |
(1) Provides not less than two semesters or three quarters | 32226 |
of instruction in orthotics; | 32227 |
(2) Requires students to complete not less than two hundred | 32228 |
fifty hours of supervised clinical experience that focuses on | 32229 |
patient-related activities, recommendation, measurement, | 32230 |
impression-taking, model rectification, fabrication, fitting, and | 32231 |
evaluating patients in the use and function of orthotics; | 32232 |
(3) Meets the requirements in divisions (G) and (H) of | 32233 |
section 4779.25 of the Revised Code. | 32234 |
(C) In the case of a certificate program in prosthetics, the | 32235 |
program does all of the following: | 32236 |
(1) Provides not less than two semesters or three quarters | 32237 |
of instruction in prosthetics; | 32238 |
(2) Requires students to complete not less than two hundred | 32239 |
fifty hours of supervised clinical experience that focuses on | 32240 |
patient-related activities, recommendation, measurement, | 32241 |
impression-taking, model rectification, fabrication, fitting, and | 32242 |
evaluating patients in the use and function of prosthetics; | 32243 |
(3) Meets the requirements in divisions (F) and (I) of | 32244 |
section 4779.25 of the Revised Code. | 32245 |
(D) In the case of a certificate program in orthotics and | 32246 |
prosthetics, the program does both of the following: | 32247 |
(1) Provides not less than two semesters or three quarters | 32248 |
of instruction in orthotics and two semesters or three quarters of | 32249 |
instruction in prosthetics; | 32250 |
(2) Meets the requirements in divisions (H) and (I) of | 32251 |
section 4779.25 of the Revised Code. | 32252 |
Sec. 4905.87. (A) To the extent funding is available in the | 32253 |
biomass energy program fund, the public utilities commission shall | 32254 |
maintain a program to promote the development and use of biomass | 32255 |
energy. | 32256 |
(B) The biomass energy program fund is hereby created in the | 32257 |
state treasury. Money received by the commission for the program | 32258 |
maintained under this section shall be credited to the fund, and | 32259 |
used for that program. | 32260 |
Sec. 4911.02. (A) The consumers' counsel shall be appointed | 32262 |
by the consumers' counsel governing board | 32263 |
at the pleasure of the board. | 32264 |
(B)(1) The counsel may sue or be sued and has the powers and | 32265 |
duties granted
| 32266 |
necessary powers to carry out the purposes of this chapter. | 32267 |
(2) Without limitation because of enumeration, the counsel: | 32268 |
(a) Shall have all the rights and powers of any party in | 32269 |
interest appearing before the public utilities commission | 32270 |
regarding examination and cross-examination of witnesses, | 32271 |
presentation of evidence, and other matters; | 32272 |
(b) May take appropriate action with respect to residential | 32273 |
consumer complaints concerning quality of service, service | 32274 |
charges, and the operation of the public utilities commission; | 32275 |
(c) May institute, intervene in, or otherwise participate in | 32276 |
proceedings in both state and federal courts and administrative | 32277 |
agencies on behalf of the residential consumers concerning review | 32278 |
of decisions rendered by, or failure to act by, the public | 32279 |
utilities commission; | 32280 |
(d) May conduct long range studies concerning various topics | 32281 |
relevant to the rates charged to
| 32282 |
(e) May promote and encourage training opportunities, | 32283 |
awareness initiatives, educational programs, research, and | 32284 |
dissemination of information helpful and useful to residential | 32285 |
consumers. To carry out those purposes, the counsel may promote | 32286 |
the availability of the office of the consumers' counsel's | 32287 |
services, educational efforts, awareness initiatives, and | 32288 |
programs. | 32289 |
Sec. 4911.17. There is hereby created a nine-member | 32290 |
consumers' counsel governing board consisting of three | 32291 |
representatives of organized groups representing each of the | 32292 |
following areas: labor; residential consumers; and family farmers. | 32293 |
No more than five members of this board may be members of the same | 32294 |
political party. | 32295 |
The members of the board shall be appointed by the attorney | 32296 |
general with the advice and consent of the senate. | 32297 |
No later than January 1, 1977, the attorney general shall | 32298 |
make initial appointments to the board. Of the initial | 32299 |
appointments made to the board, three shall be for a term ending | 32300 |
one year after September 1, 1976, three shall be for a term ending | 32301 |
two years after that date, and three shall be for a term ending | 32302 |
three years after that date. Thereafter, terms of office shall be | 32303 |
for three years, each term ending on the same day of the same | 32304 |
month of the year as did the term that it succeeds. Each member | 32305 |
shall hold office from the date of the member's appointment until | 32306 |
the end of the term for which the member was appointed. Any | 32307 |
member appointed to fill a vacancy occurring prior to the | 32308 |
expiration of the term for which the member's predecessor was | 32309 |
appointed shall hold office for the remainder of that term. Any | 32310 |
member shall continue in office subsequent to the expiration date | 32311 |
of the member's term until the member's successor takes office. | 32312 |
The governing board
| 32313 |
32314 | |
32315 | |
every
| 32316 |
held more often at the request of a majority of the members or | 32317 |
upon call of the
chairperson.
| 32318 |
the board shall select a chairperson and vice-chairperson. With | 32319 |
the approval of the board, the chairperson may designate the | 32320 |
vice-chairperson to perform the duties of the chairperson, | 32321 |
including those provided in section 4901.021 of the Revised Code. | 32322 |
A majority of the members constitutes a quorum. No action | 32323 |
shall be taken without the concurrence of a majority of the full | 32324 |
membership of the board. The consumers' counsel shall at all | 32325 |
times remain responsible to the governing board. Members of the | 32326 |
board shall be compensated at the rate of one hundred fifty | 32327 |
dollars per board meeting attended in person, not to exceed one | 32328 |
thousand two hundred dollars per year. All members shall be | 32329 |
reimbursed for actual and necessary expenses incurred in the | 32330 |
performance of
| 32331 |
The board shall submit to the general assembly no later than | 32332 |
the first day of April, annually, a report outlining the | 32333 |
expenditures of the office of consumers' counsel, a full record of | 32334 |
participation in any and all proceedings, and an outline of other | 32335 |
relevant activities of the office. | 32336 |
Sec. 5101.14. (A) Within available funds, the department of | 32337 |
job and family services shall make payments to the counties within | 32338 |
thirty days after the beginning of each calendar quarter for a | 32339 |
part of their costs for services to children performed pursuant to | 32340 |
Chapter 5153. of the Revised Code. | 32341 |
Funds provided to the county under this section shall be | 32342 |
deposited into the children services fund created pursuant to | 32343 |
section 5101.144 of the Revised Code. | 32344 |
(B)(1) The funds distributed under this section shall be | 32345 |
used for the following: | 32346 |
(a) Home-based services to children and families; | 32347 |
(b) Protective services to children; | 32348 |
(c) To find, develop, and approve adoptive homes; | 32349 |
(d) Short-term, out-of-home care and treatment for children; | 32350 |
(e) Costs for the care of a child who resides with a | 32351 |
caretaker relative, other than the child's parent, and is in the | 32352 |
legal custody of a public children services agency pursuant to a | 32353 |
voluntary temporary custody agreement entered into under division | 32354 |
(A) of section 5103.15 of the Revised Code or in the legal custody | 32355 |
of a public children services agency or the caretaker relative | 32356 |
pursuant to an allegation or adjudication of abuse, neglect, or | 32357 |
dependency made under Chapter 2151. of the Revised Code; | 32358 |
(f) Other services a public children services agency | 32359 |
considers necessary to protect children from abuse, neglect, or | 32360 |
dependency. | 32361 |
(2) No funds distributed under this section shall be used | 32362 |
for the costs of maintaining a child in a children's home owned | 32363 |
and operated by the county. | 32364 |
(C) In each fiscal year, the amount of funds available for | 32365 |
distribution under this section shall be allocated to counties as | 32366 |
follows: | 32367 |
(1) If the amount is less than the amount initially | 32368 |
appropriated for the immediately preceding fiscal year, each | 32369 |
county shall receive an amount equal to the percentage of the | 32370 |
funding it received in the immediately preceding fiscal year, | 32371 |
exclusive of any releases from or additions to the allocation or | 32372 |
any sanctions imposed under this section; | 32373 |
(2) If the amount is equal to the amount initially | 32374 |
appropriated for the immediately preceding fiscal year, each | 32375 |
county shall receive an amount equal to the amount it received in | 32376 |
the preceding fiscal year, exclusive of any releases from or | 32377 |
additions to the allocation or any sanctions imposed under this | 32378 |
section; | 32379 |
(3) If the amount is greater than the amount initially | 32380 |
appropriated for the immediately preceding fiscal year, each | 32381 |
county shall receive the amount determined under division (C)(2) | 32382 |
of this section as a base allocation, plus a percentage of the | 32383 |
amount that exceeds the amount initially appropriated for the | 32384 |
immediately preceding fiscal year. The amount exceeding the | 32385 |
amount initially appropriated in the immediately preceding fiscal | 32386 |
year shall be allocated to the counties as follows: | 32387 |
(a) Twelve per cent divided equally among all counties; | 32388 |
(b) Forty-eight per cent in the ratio that the number of | 32389 |
residents of the county under the age of eighteen bears to the | 32390 |
total number of such persons residing in this state; | 32391 |
(c) Forty per cent in the ratio that the number of residents | 32392 |
of the county with incomes under the federal poverty guideline | 32393 |
bears to the total number of such persons in this state. | 32394 |
As used in division (C)(3)(c) of this section, "federal | 32395 |
poverty guideline" means the poverty guideline as defined by the | 32396 |
United States office of management and budget and revised by the | 32397 |
United States secretary of health and human services in accordance | 32398 |
with section 673 of the "Community Services Block Grant Act," 95 | 32399 |
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended. | 32400 |
(D) The director of job and family services may adopt rules | 32401 |
as necessary for the allocation of funds under this section. The | 32402 |
rules shall be adopted in accordance with section 111.15 of the | 32403 |
Revised Code. | 32404 |
(E)(1) As used in this division, "services to children" | 32405 |
| 32406 |
services to children and families, foster home services, | 32407 |
residential treatment services, adoptive services, and independent | 32408 |
living services. | 32409 |
(2) Except as otherwise provided in this section, the | 32410 |
allocation of funds for a fiscal year to a county under this | 32411 |
section shall be reduced by the department if in the preceding | 32412 |
calendar year the total amount expended for services to children | 32413 |
from local funds
| 32414 |
32415 | |
| 32416 |
The reduction shall be equal to the difference between the total | 32417 |
expended in the preceding calendar year and the total expended in | 32418 |
the second preceding calendar year. | 32419 |
The determination of whether the amount expended for services | 32420 |
to children was less in the preceding calendar year than in the | 32421 |
second preceding calendar year shall not include a difference due | 32422 |
to any of the following factors to the extent that the difference | 32423 |
does not exceed the amount attributable to that factor: | 32424 |
(a) An across-the-board reduction in the county budget as a | 32425 |
whole; | 32426 |
(b) A reduced or failed levy specifically earmarked for | 32427 |
children services; | 32428 |
(c)
| 32429 |
32430 |
| 32431 |
of, a children's home owned and operated by the county. | 32432 |
(3) Funds withheld under this division may be reallocated by | 32433 |
the department to other counties. The department may grant whole | 32434 |
or partial waivers of the provisions of this division. | 32435 |
(F) Children who are in the temporary or permanent custody | 32436 |
of a certified public or private nonprofit agency or institution, | 32437 |
or who are in adoptions subsidized under division (B) of section | 32438 |
5153.163 of the Revised Code are eligible for medical assistance | 32439 |
through the medical assistance program established under section | 32440 |
5111.01 of the Revised Code. | 32441 |
(G) Within ninety days after the end of each fiscal year, | 32442 |
each county shall return any unspent funds to the department. | 32443 |
(H)
| 32444 |
32445 | |
32446 | |
32447 | |
32448 |
| 32449 |
director shall adopt, and may amend and rescind, rules prescribing | 32450 |
reports on expenditures to be submitted by the counties as | 32451 |
necessary for the implementation of this section. | 32452 |
Sec. 5101.141. (A) The department of job and family | 32453 |
services shall act as the single state agency to administer | 32454 |
federal payments for foster care and adoption assistance made | 32455 |
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501, | 32456 |
42 U.S.C.A. 670 (1980), as amended. The director of job and | 32457 |
family services shall adopt rules to implement this authority. | 32458 |
Internal management rules governing financial and administrative | 32459 |
requirements applicable to public children services agencies, | 32460 |
private child placing agencies, and private noncustodial agencies | 32461 |
shall be adopted in accordance with section 111.15 of the Revised | 32462 |
Code. Rules establishing eligibility, program participation, and | 32463 |
other requirements shall be adopted in accordance with Chapter | 32464 |
119. of the Revised Code. A public children services agency to | 32465 |
which the department distributes Title IV-E funds shall administer | 32466 |
the funds in accordance with those rules. | 32467 |
(B)(1) The county, on behalf of each child eligible for | 32468 |
foster care maintenance payments under Title IV-E of the "Social | 32469 |
Security Act," shall make payments to cover the cost of providing | 32470 |
all of the following: | 32471 |
(a) The child's food, clothing, shelter, daily supervision, | 32472 |
and school supplies; | 32473 |
(b) The child's personal incidentals; | 32474 |
(c) Reasonable travel to the child's home for visitation. | 32475 |
(2) In addition to payments made under division (B)(1) of | 32476 |
this section, the county may, on behalf of each child eligible for | 32477 |
foster care maintenance payments under Title IV-E of the "Social | 32478 |
Security Act," make payments to cover the cost of providing the | 32479 |
following: | 32480 |
(a) Liability insurance with respect to the child; | 32481 |
(b) If the county is participating in the demonstration | 32482 |
project established under division (A) of section 5101.142 of the | 32483 |
Revised Code, services provided under the project. | 32484 |
(3) With respect to a child who is in a child-care | 32485 |
institution, including any type of group home designed for the | 32486 |
care of children or any privately operated program consisting of | 32487 |
two or more certified foster homes operated by a common | 32488 |
administrative unit, the foster care maintenance payments made by | 32489 |
the county on behalf of the child shall include the reasonable | 32490 |
cost of the administration and operation of the institution, group | 32491 |
home, or program, as necessary to provide the items described in | 32492 |
divisions (B)(1) and (2) of this section. | 32493 |
(C) To the extent that either foster care maintenance | 32494 |
payments under division (B) of this section or Title IV-E adoption | 32495 |
assistance payments for maintenance costs require the expenditure | 32496 |
of county funds, the board of county commissioners shall report | 32497 |
the nature and amount of each expenditure of county funds to the | 32498 |
department. | 32499 |
(D) The department shall distribute to public children | 32500 |
services agencies that incur and report such expenditures federal | 32501 |
financial participation received for administrative and training | 32502 |
costs incurred in the operation of foster care maintenance and | 32503 |
adoption assistance programs. The department may withhold not | 32504 |
more than
| 32505 |
participation received. The funds withheld may be used only to | 32506 |
fund the Ohio child welfare training program established under | 32507 |
section 5153.60 of the Revised Code and the university partnership | 32508 |
program for college and university students majoring in social | 32509 |
work who have committed to work for a public children services | 32510 |
agency upon graduation. The funds withheld shall be in addition to | 32511 |
any administration and training cost for which the department is | 32512 |
reimbursed through its own cost allocation plan. | 32513 |
(E) All federal financial participation funds received by a | 32514 |
county pursuant to this section shall be deposited into the | 32515 |
county's children services fund created pursuant to section | 32516 |
5101.144 of the Revised Code. | 32517 |
(F) The department shall periodically publish and distribute | 32518 |
the maximum amounts that the department will reimburse public | 32519 |
children services agencies for making payments on behalf of | 32520 |
children eligible for foster care maintenance payments. | 32521 |
(G) The department, by and through its director, is hereby | 32522 |
authorized to develop, participate in the development of, | 32523 |
negotiate, and enter into one or more interstate compacts on | 32524 |
behalf of this state with agencies of any other states, for the | 32525 |
provision of medical assistance and other social services to | 32526 |
children in relation to whom all of the following apply: | 32527 |
(1) They have special needs. | 32528 |
(2) This state or another state that is a party to the | 32529 |
interstate compact is providing adoption assistance on their | 32530 |
behalf. | 32531 |
(3) They move into this state from another state or move out | 32532 |
of this state to another state. | 32533 |
Sec. 5101.145. (A) For the purposes of this section, "Title | 32534 |
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, | 32535 |
42 U.S.C.A. 670 (1980). | 32536 |
(B) In adopting rules under section 5101.141 of the Revised | 32537 |
Code regarding financial requirements applicable to public | 32538 |
children services agencies, private child placing agencies, and | 32539 |
private noncustodial agencies, the department of job and family | 32540 |
services shall establish both of the following: | 32541 |
(1) A single form for the agencies to report costs | 32542 |
reimbursable under Title IV-E and costs reimbursable under | 32543 |
medicaid; | 32544 |
(2) Procedures to monitor cost reports submitted by the | 32545 |
agencies. | 32546 |
(C) The procedures established under division (B)(2) of this | 32547 |
section shall be implemented not later than October 1, 2003. The | 32548 |
procedures shall be used to do both of the following: | 32549 |
(1) Determine which of the costs are reimbursable under | 32550 |
Title IV-E; | 32551 |
(2) Ensure that costs reimbursable under medicaid are | 32552 |
excluded from determinations made under division (C)(1) of this | 32553 |
section. | 32554 |
Sec. 5101.184. (A) The director of job and family services | 32555 |
shall work with the tax commissioner to collect overpayments of | 32556 |
assistance under Chapter 5107., 5111., or 5115., former Chapter | 32557 |
5113., or
| 32558 |
from refunds of state income taxes for taxable year 1992 and | 32559 |
thereafter that are payable to the recipients of such | 32560 |
overpayments. | 32561 |
Any overpayment of assistance, whether obtained by fraud or | 32562 |
misrepresentation, as the result of an error by the recipient or | 32563 |
by the agency making the payment, or in any other manner, may be | 32564 |
collected under this section. Any reduction under section 5747.12 | 32565 |
or 5747.121 of the Revised Code to an income tax refund shall be | 32566 |
made before a reduction under this section. No reduction shall be | 32567 |
made under this section if the amount of the refund is less than | 32568 |
twenty-five dollars after any reduction under section 5747.12 of | 32569 |
the Revised Code. A reduction under this section shall be made | 32570 |
before any part of the refund is contributed under section | 32571 |
5747.113 of the Revised Code to the natural areas and preserves | 32572 |
fund or the nongame and endangered wildlife fund, or is credited | 32573 |
under section 5747.12 of the Revised Code against tax due in any | 32574 |
subsequent year. | 32575 |
The director and the tax commissioner, by rules adopted in | 32576 |
accordance with Chapter 119. of the Revised Code, shall establish | 32577 |
procedures to implement this division. The procedures shall | 32578 |
provide for notice to a recipient of assistance and an opportunity | 32579 |
for the recipient to be heard before the recipient's income tax | 32580 |
refund is reduced. | 32581 |
(B) The director of job and family services may enter into | 32582 |
agreements with the federal government to collect overpayments of | 32583 |
assistance from refunds of federal income taxes that are payable | 32584 |
to recipients of the overpayments. | 32585 |
| 32586 |
after
| 32587 |
director of job and family services shall develop and provide a | 32588 |
training program to assist caseworkers in county departments of | 32589 |
job and family services and public children services agencies in | 32590 |
understanding the dynamics of domestic violence and the | 32591 |
relationship domestic
violence has to child abuse.
| 32592 |
32593 | |
32594 |
(B) Not later than ninety days after
| 32595 |
32596 | |
services shall adopt internal management rules in accordance with | 32597 |
section 111.15 of the Revised Code establishing policies for | 32598 |
dealing with domestic violence and the victims of domestic | 32599 |
violence. The rules shall include all of the following: | 32600 |
(1) A rule designating types and categories of employees of | 32601 |
county departments of job and family services and employees of | 32602 |
public children services agencies to receive training in the | 32603 |
handling of domestic violence cases and a policy for the training | 32604 |
of the designated types and categories of employees in the | 32605 |
handling of those cases. | 32606 |
(2) Guidelines directing how county departments of job and | 32607 |
family services and county children services boards shall respond | 32608 |
to identified domestic violence problems and to the needs of | 32609 |
children directly or indirectly involved in situations involving | 32610 |
domestic violence. | 32611 |
(C) Each county department of job and family services and | 32612 |
each public children services agency shall require its employees | 32613 |
to complete the training described in divisions (A) and (B) of | 32614 |
this section in accordance with the rules adopted by the director | 32615 |
of job and family services pursuant to division (B) of this | 32616 |
section. | 32617 |
Sec. 5101.36. Any application for public assistance gives a | 32618 |
right of subrogation to the department of job and family services | 32619 |
for any workers' compensation benefits payable to a person who is | 32620 |
subject to a support order, as defined in section 3119.01 of the | 32621 |
Revised Code, on behalf of the applicant, to the extent of any | 32622 |
public assistance payments made on the applicant's behalf. If the | 32623 |
director of job and family services, in consultation with a child | 32624 |
support enforcement agency and the administrator of the bureau of | 32625 |
workers' compensation, determines that a person responsible for | 32626 |
support payments to a recipient of public assistance is receiving | 32627 |
workers' compensation, the director shall notify the administrator | 32628 |
of the amount of the benefit to be paid to the department of job | 32629 |
and family services. | 32630 |
For purposes of this section, "public assistance" means | 32631 |
medical assistance provided through the medical assistance program | 32632 |
established under section 5111.01 of the Revised Code | 32633 |
first provided
under Chapter 5107. of the
Revised Code | 32634 |
prevention, retention, and contingency
| 32635 |
services provided
under Chapter 5108. of the Revised Code | 32636 |
disability assistance provided under Chapter 5115. of the Revised | 32637 |
Code. | 32638 |
Sec. 5101.521. When the body of a dead person is found in a | 32639 |
township or municipal corporation, and such person was not an | 32640 |
inmate of a correctional, benevolent, or charitable institution of | 32641 |
this state, and the body is not claimed by any person for private | 32642 |
interment or cremation at the person's own expense, or delivered | 32643 |
for the purpose of medical or surgical study or dissection in | 32644 |
accordance with section 1713.34 of the Revised Code,
| 32645 |
32646 | |
32647 |
(A) If the person was a legal resident of the county, the | 32648 |
proper officers of the township or municipal corporation in which | 32649 |
the person's body was found shall cause it to be buried or | 32650 |
cremated at the expense of the township or municipal corporation | 32651 |
in which the person had a legal residence at the time of death. | 32652 |
(B) If the person had a legal residence in any other county | 32653 |
of the state at the time of death, the superintendent of the | 32654 |
county home of the county in which such body was found shall cause | 32655 |
it to be buried or cremated at the expense of the township or | 32656 |
municipal corporation in which the person had a legal residence at | 32657 |
the time of death. | 32658 |
(C) If the person was an inmate of a correctional | 32659 |
institution of the county or a patient or resident of a benevolent | 32660 |
institution of the county, the person had no legal residence in | 32661 |
the state, or the person's legal residence is unknown, the | 32662 |
superintendent shall cause the person to be buried or cremated at | 32663 |
the expense of the county. | 32664 |
Such officials shall provide, at the grave of the person or, | 32665 |
if the person's cremated remains are buried, at the grave of the | 32666 |
person's cremated remains, a stone or concrete marker on which the | 32667 |
person's name and age, if known, and date of death shall be | 32668 |
inscribed. | 32669 |
A political subdivision is not relieved of its duty to bury | 32670 |
or cremate a person at its expense under this section when the | 32671 |
body is claimed by an indigent person. | 32672 |
Sec. 5101.54. (A) The director of job and family services | 32673 |
shall administer the food stamp program in accordance with the | 32674 |
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as | 32675 |
amended. The department may: | 32676 |
(1) Prepare and submit to the secretary of the United States | 32677 |
department of agriculture a plan for the administration of the | 32678 |
food stamp program; | 32679 |
(2) Prescribe forms for applications, certificates, reports, | 32680 |
records, and accounts of county departments of job and family | 32681 |
services, and other matters; | 32682 |
(3) Require such reports and information from each county | 32683 |
department of job and family services as may be necessary and | 32684 |
advisable; | 32685 |
(4) Administer and expend any sums appropriated by the | 32686 |
general assembly for the purposes of this section and all sums | 32687 |
paid to the state by the United States as authorized by the Food | 32688 |
Stamp Act of 1977; | 32689 |
(5) Conduct such investigations as are necessary; | 32690 |
(6) Enter into interagency agreements and cooperate with | 32691 |
investigations conducted by the department of public safety, | 32692 |
including providing information for investigative purposes, | 32693 |
exchanging property and records, passing through federal financial | 32694 |
participation, modifying any agreements with the United States | 32695 |
department of agriculture, providing for the supply, security, and | 32696 |
accounting of food stamp
| 32697 |
purposes, and meeting any other requirements necessary for the | 32698 |
detection and deterrence of illegal activities in the state food | 32699 |
stamp program; | 32700 |
(7) Adopt rules in accordance with Chapter 119. of the | 32701 |
Revised Code governing employment and training requirements of | 32702 |
recipients of food stamp benefits, including rules specifying | 32703 |
which recipients are subject to the requirements and establishing | 32704 |
sanctions for failure to satisfy the requirements. The rules | 32705 |
shall be consistent with 7 U.S.C.A. 2015 and, to the extent | 32706 |
practicable, may provide for food stamp benefit recipients to | 32707 |
participate in work activities, developmental activities, and | 32708 |
alternative work activities established under sections 5107.40 to | 32709 |
5107.69 of the Revised Code that are comparable to programs | 32710 |
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference | 32711 |
rules adopted under section 5107.05 of the Revised Code governing | 32712 |
work activities, developmental activities, and alternative work | 32713 |
activities established under sections 5107.40 to 5107.69 of the | 32714 |
Revised Code. | 32715 |
(8) Adopt rules in accordance with section 111.15 of the | 32716 |
Revised Code that are consistent with the Food Stamp Act of 1977, | 32717 |
as amended, and regulations adopted thereunder governing the | 32718 |
following: | 32719 |
(a) Eligibility requirements for the food stamp program; | 32720 |
(b) Sanctions for failure to comply with eligibility | 32721 |
requirements; | 32722 |
(c) Allotment of food stamp
| 32723 |
(d) To the extent permitted under federal statutes and | 32724 |
regulations, a system under which some or all recipients of food | 32725 |
stamp benefits subject to employment and training requirements | 32726 |
established by rules adopted under division (A)(7) of this section | 32727 |
receive food stamp benefits after satisfying the requirements; | 32728 |
(e) Administration of the program by county departments of | 32729 |
job and family services; | 32730 |
(f) Other requirements necessary for the efficient | 32731 |
administration of the program. | 32732 |
(9) Submit a plan to the United States secretary of | 32733 |
agriculture for the department of job and family services to | 32734 |
operate a simplified food stamp program pursuant to 7 U.S.C.A. | 32735 |
2035 under which requirements governing the Ohio works first | 32736 |
program established under Chapter 5107. of the Revised Code also | 32737 |
govern the food stamp program in the case of households receiving | 32738 |
food stamp benefits and participating in Ohio works first. | 32739 |
(B) Except while in the custody of the United States postal | 32740 |
service, food stamps and any document necessary to obtain food | 32741 |
stamps are the property of the department of job and family | 32742 |
services from the time they are received in accordance with | 32743 |
federal regulations by the department from the federal agency | 32744 |
responsible for such delivery until they are received by a | 32745 |
household entitled to receive them or by the authorized | 32746 |
representative of the household. | 32747 |
(C) A household that is entitled to receive food stamps | 32748 |
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, | 32749 |
as amended, and that is determined to be in immediate need of food | 32750 |
assistance, shall receive certification of eligibility for program | 32751 |
benefits, pending verification, within twenty-four hours, or, if | 32752 |
mitigating circumstances occur, within seventy-two hours, after | 32753 |
application, if: | 32754 |
(1) The results of the application interview indicate that | 32755 |
the household will be eligible upon full verification; | 32756 |
(2) Information sufficient to confirm the statements in the | 32757 |
application has been obtained from at least one additional source, | 32758 |
not a member of the applicant's household. Such information shall | 32759 |
be recorded in the case file, and shall include: | 32760 |
(a) The name of the person who provided the name of the | 32761 |
information source; | 32762 |
(b) The name and address of the information source; | 32763 |
(c) A summary of the information obtained. | 32764 |
The period of temporary eligibility shall not exceed one | 32765 |
month from the date of certification of temporary eligibility. If | 32766 |
eligibility is established by full verification, benefits shall | 32767 |
continue without interruption as long as eligibility continues. | 32768 |
At the time of application, the county department of job and | 32769 |
family services shall provide to a household described in this | 32770 |
division a list of community assistance programs that provide | 32771 |
emergency food. | 32772 |
(D) All applications shall be approved or denied through | 32773 |
full verification within thirty days from receipt of the | 32774 |
application by the county department of job and family services. | 32775 |
(E) Nothing in this section shall be construed to prohibit | 32776 |
the certification of households that qualify under federal | 32777 |
regulations to receive food stamps without charge under the "Food | 32778 |
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended. | 32779 |
(F) Any person who applies for food stamps under this | 32780 |
section shall receive a voter registration application under | 32781 |
section 3503.10 of the Revised Code. | 32782 |
Sec. 5101.80. (A) The department of job and family services | 32783 |
shall do all of the following: | 32784 |
(1) Prepare and submit to the United States secretary of | 32785 |
health and human services a Title IV-A state plan, and amendments | 32786 |
to the plan that the department determines necessary, for the Ohio | 32787 |
works first program established under Chapter 5107. of the Revised | 32788 |
Code and the prevention, retention, and contingency program | 32789 |
established under Chapter 5108. of the Revised Code; | 32790 |
(2) Prescribe forms for applications, certificates, reports, | 32791 |
records, and accounts of county departments of job and family | 32792 |
services, and other matters related to the Ohio works first | 32793 |
program and the prevention, retention, and contingency program; | 32794 |
(3) Make such reports, in such form and containing such | 32795 |
information as the department may find necessary to assure the | 32796 |
correctness and verification of such reports, regarding the Ohio | 32797 |
works first program and the prevention, retention, and contingency | 32798 |
program; | 32799 |
(4) Require reports and information from each county | 32800 |
department of job and family services as may be necessary or | 32801 |
advisable regarding the Ohio works first program and the | 32802 |
prevention, retention, and contingency program; | 32803 |
(5) Afford a fair hearing in accordance with section 5101.35 | 32804 |
of the Revised Code to any applicant for, or participant or former | 32805 |
participant of, the Ohio works first program or the prevention, | 32806 |
retention, and contingency program aggrieved by a decision | 32807 |
regarding either program; | 32808 |
(6) Administer and expend, pursuant to Chapters 5107. and | 32809 |
5108. of the Revised Code, any sums appropriated by the general | 32810 |
assembly for the purpose of those chapters and all sums paid to | 32811 |
the state by the secretary of the treasury of the United States as | 32812 |
authorized by Title IV-A of the "Social Security Act," 49 Stat. | 32813 |
620 (1935), 42 U.S.C. 301, as amended; | 32814 |
(7) Conduct investigations as are necessary regarding the | 32815 |
Ohio works first program and the prevention, retention, and | 32816 |
contingency program; | 32817 |
(8) Enter into reciprocal agreements with other states | 32818 |
relative to the provision of Ohio works first and prevention, | 32819 |
retention, and contingency to residents and nonresidents; | 32820 |
(9) Contract with a private entity to conduct an independent | 32821 |
on-going evaluation of the Ohio works first program and the | 32822 |
prevention, retention, and contingency program. The contract must | 32823 |
require the private entity to do all of the following: | 32824 |
(a) Examine issues of process, practice, impact, and | 32825 |
outcomes; | 32826 |
(b) Study former participants of Ohio works first who have | 32827 |
not participated in Ohio works first for at least one year to | 32828 |
determine whether they are employed, the type of employment in | 32829 |
which they are engaged, the amount of compensation they are | 32830 |
receiving, whether their employer provides health insurance, | 32831 |
whether and how often they have received
| 32832 |
services under the prevention, retention, and contingency program, | 32833 |
and whether they are successfully self sufficient; | 32834 |
(c) Provide the department
| 32835 |
32836 | |
32837 |
(10)
| 32838 |
32839 | |
32840 | |
32841 | |
32842 | |
32843 |
| 32844 |
each January and July thereafter, prepare a report containing | 32845 |
information on the following: | 32846 |
(a)
| 32847 |
32848 | |
32849 | |
limits for participation set forth in section 5107.18 of the | 32850 |
Revised Code. | 32851 |
(b) Individuals who have been exempted from the time limits | 32852 |
set forth in section 5107.18 of the Revised Code and the reasons | 32853 |
for the exemption. | 32854 |
| 32855 |
basis thereafter until December 1, 2003, prepare, to the extent | 32856 |
the necessary data is available to the department, a report based | 32857 |
on information determined under section 5107.80 of the Revised | 32858 |
Code that states how many former Ohio works first participants | 32859 |
entered the workforce during the most recent previous quarter for | 32860 |
which the information is known and includes information regarding | 32861 |
the earnings of those former participants. The report shall | 32862 |
include a county-by-county breakdown and shall not contain the | 32863 |
names or social security numbers of former participants. | 32864 |
(B) The department shall provide copies of the reports it | 32865 |
receives under division (A)(9) of this section and prepares under | 32866 |
divisions (A)(10), (11), and (12) of this section to the governor, | 32867 |
the president and minority leader of the senate, and the speaker | 32868 |
and minority leader of the house of representatives. The | 32869 |
department shall provide copies of the reports to any private or | 32870 |
government entity on request. | 32871 |
(C) An authorized representative of the department or a | 32872 |
county department of job and family services shall have access to | 32873 |
all records and information bearing thereon for the purposes of | 32874 |
investigations conducted pursuant to this section. | 32875 |
Sec. 5101.821. Except as otherwise approved by the director | 32876 |
of budget and management, the department of job and family | 32877 |
services shall deposit federal funds received under Title IV-A of | 32878 |
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996), | 32879 |
into the temporary assistance for needy families (TANF) federal | 32880 |
fund, which is hereby created in the state treasury. The | 32881 |
department shall use money in the fund for the Ohio works first | 32882 |
program established under Chapter 5107. of the Revised Code; the | 32883 |
prevention, retention, and contingency program established under | 32884 |
Chapter 5108. of the Revised Code; and any other purposes | 32885 |
consistent with Title IV-A, federal regulations, federal waivers | 32886 |
granted by the United States secretary of health and human | 32887 |
services, state law, the Title IV-A state plan and amendments | 32888 |
submitted to the United States secretary of health and human | 32889 |
services under section 5101.80 of the Revised Code, and rules | 32890 |
adopted by the department under section 5107.05 of the Revised | 32891 |
Code. | 32892 |
Sec. 5101.83. (A) As used in this section: | 32893 |
(1) "Assistance group" has the same meaning as in sections | 32894 |
5107.02 and 5108.01 of the Revised Code, except that it also means | 32895 |
a group provided benefits and services under the prevention, | 32896 |
retention, and contingency program because the members of the | 32897 |
group share a common need for benefits and services. | 32898 |
(2) "Fraudulent assistance" means assistance and service, | 32899 |
including cash assistance, provided under the Ohio works first | 32900 |
program established under Chapter 5107., or benefits and services | 32901 |
provided under the prevention, retention, and contingency program | 32902 |
established under Chapter 5108. of the Revised Code, to or on | 32903 |
behalf of an assistance group that is provided as a result of | 32904 |
fraud by a member of the assistance group, including an | 32905 |
intentional violation of the program's requirements. "Fraudulent | 32906 |
assistance" does not include assistance or
| 32907 |
on
| 32908 |
result of an error that is the fault of a county department of job | 32909 |
and family services or the state department of job and family | 32910 |
services. | 32911 |
(B) If a county director of job and family services | 32912 |
determines that an assistance group has received fraudulent | 32913 |
assistance, the assistance group is ineligible to participate in | 32914 |
the Ohio works first program or the prevention, retention, and | 32915 |
contingency program until a member of the assistance group repays | 32916 |
the cost of the fraudulent assistance. If a member repays the | 32917 |
cost of the fraudulent assistance and the assistance group | 32918 |
otherwise meets the eligibility requirements for the Ohio works | 32919 |
first program or the prevention, retention, and contingency | 32920 |
program, the assistance group shall not be denied the opportunity | 32921 |
to participate in the program. | 32922 |
This section does not limit the ability of a county | 32923 |
department of job and family services to recover erroneous | 32924 |
payments under section 5107.76 of the Revised Code. | 32925 |
The state department of job and family services shall adopt | 32926 |
rules in accordance with Chapter 119. of the Revised Code to | 32927 |
implement this section. | 32928 |
Sec. 5101.85. As used in sections 5101.851 to
| 32929 |
5101.853 of the Revised Code, "kinship caregiver" means any of the | 32930 |
following who is eighteen years of age or older and is caring for | 32931 |
a child in place of the child's parents: | 32932 |
(A) The following individuals related by blood or adoption | 32933 |
to the child: | 32934 |
(1) Grandparents, including grandparents with the prefix | 32935 |
"great," "great-great," or "great-great-great"; | 32936 |
(2) Siblings; | 32937 |
(3) Aunts, uncles, nephews, and nieces, including such | 32938 |
relatives with the prefix "great," "great-great," "grand," or | 32939 |
"great-grand"; | 32940 |
(4) First cousins and first cousins once removed. | 32941 |
(B) Stepparents and stepsiblings of the child; | 32942 |
(C) Spouses and former spouses of individuals named in | 32943 |
divisions (A) and (B) of this section; | 32944 |
(D) A legal guardian of the child; | 32945 |
(E) A legal custodian of the child. | 32946 |
| 32947 |
32948 | |
32949 | |
32950 | |
32951 |
| 32952 |
32953 | |
The department of job and family services
| 32954 |
| 32955 |
program of kinship care navigators to assist kinship caregivers | 32956 |
who are seeking information regarding, or assistance obtaining, | 32957 |
services and benefits available at the state and local level that | 32958 |
| 32959 |
county.
| 32960 |
32961 | |
information and referral services and assistance obtaining support | 32962 |
services
| 32963 |
| 32964 |
| 32965 |
| 32966 |
children; | 32967 |
| 32968 |
obtain basic information about the rights of, and services | 32969 |
available to, kinship caregivers; | 32970 |
| 32971 |
Sec. 5101.852. Within available funds, the department of job | 32972 |
and family services shall make payments to public children | 32973 |
services agencies for the purpose of permitting the agencies to | 32974 |
provide kinship care navigator information and referral services | 32975 |
and assistance obtaining support services to kinship caregivers | 32976 |
pursuant to the kinship care navigator program. The department | 32977 |
may provide training and technical assistance concerning the needs | 32978 |
of kinship caregivers to employees of public children services | 32979 |
agencies and to persons or entities that serve kinship caregivers | 32980 |
or perform the duties of a kinship care navigator and are under | 32981 |
contract with an agency. | 32982 |
| 32983 |
services
| 32984 |
32985 | |
| 32986 |
32987 | |
32988 | |
32989 | |
rules shall be adopted under Chapter 119. of the Revised Code, | 32990 |
except that rules governing fiscal and administrative matters | 32991 |
related to implementation of the navigators program are internal | 32992 |
management rules and shall be adopted under section 111.15 of the | 32993 |
Revised Code. | 32994 |
Sec. 5103.031. (A) Except as provided in section 5103.033 | 32995 |
of the Revised Code, the department of job and family services may | 32996 |
not issue a certificate under section 5103.03 of the Revised Code | 32997 |
to a foster home unless the foster caregiver successfully | 32998 |
completes the following amount of preplacement training through | 32999 |
the Ohio child welfare training program or a preplacement training | 33000 |
program operated under section 5103.034 of the Revised Code: | 33001 |
(1) If the foster home is a family foster home, at least | 33002 |
twelve hours; | 33003 |
(2) If the foster home is a specialized foster home, at | 33004 |
least thirty-six hours. | 33005 |
(B) No child may be placed in a family foster home unless | 33006 |
the foster caregiver completes at least twelve additional hours of | 33007 |
preplacement training through the Ohio child welfare training | 33008 |
program or a preplacement training program operated under section | 33009 |
5103.034 of the Revised Code. | 33010 |
Sec. 5103.033. The department of job and family services may | 33011 |
issue or renew a certificate under section 5103.03 of the Revised | 33012 |
Code to a foster home for the care of a child who is in the | 33013 |
custody of a public children services agency or private child | 33014 |
placing agency pursuant to an agreement entered into under section | 33015 |
5103.15 of the Revised Code regarding a child who was less than | 33016 |
six months of age on the date the agreement was executed if the | 33017 |
foster caregiver successfully completes the following amount of | 33018 |
training: | 33019 |
(A) For an initial certificate, at least twelve hours of | 33020 |
preplacement training through the Ohio child welfare training | 33021 |
program or a preplacement training program operated under section | 33022 |
5103.034 of the Revised Code; | 33023 |
(B) For renewal of a certificate, at least twelve hours each | 33024 |
year of continuing training in accordance with the foster | 33025 |
caregiver's needs assessment and continuing training plan | 33026 |
developed and implemented under section
| 33027 |
Revised Code. | 33028 |
Sec. 5103.036. For the purpose of determining whether a | 33029 |
foster caregiver has satisfied the requirement of section 5103.031 | 33030 |
or 5103.032 of the Revised Code, a recommending agency shall | 33031 |
accept training obtained from the Ohio child welfare training | 33032 |
program or pursuant to a preplacement training program or | 33033 |
continuing training program operated under section 5103.034 of the | 33034 |
Revised Code regardless of whether the agency operated the | 33035 |
preplacement training program or continuing training program. The | 33036 |
agency may require that the foster caregiver successfully complete | 33037 |
additional training as a condition of the agency recommending that | 33038 |
the department of job and family services certify or recertify the | 33039 |
foster caregiver's foster home under section 5103.03 of the | 33040 |
Revised Code. | 33041 |
Sec. 5103.0312.
| 33042 |
public children services agency, private child placing agency, or | 33043 |
private noncustodial agency acting as a recommending agency for | 33044 |
foster caregivers who hold certificates issued under section | 33045 |
5103.03 of the Revised Code shall pay those foster caregivers who | 33046 |
have
| 33047 |
foster child placed in their home a stipend to reimburse them for | 33048 |
attending training courses provided by the Ohio child welfare | 33049 |
training program or pursuant to a preplacement training program or | 33050 |
continuing training program operated under section 5103.034 of the | 33051 |
Revised Code. The
payment shall be based on a
| 33052 |
rate established by the department of job and family services. The | 33053 |
| 33054 |
regardless of the type of recommending agency from which a foster | 33055 |
caregiver seeks a recommendation. The department shall
| 33056 |
33057 | |
33058 | |
33059 | |
5103.0316 of the Revised Code, reimburse the recommending agency | 33060 |
for stipend payments it makes in accordance with this section. | 33061 |
Sec. 5103.0313. The department of job and family services | 33062 |
shall reimburse
| 33063 |
preplacement and continuing training to foster caregivers: | 33064 |
(A) The Ohio child welfare training program; | 33065 |
(B) A public children services agency, private child placing | 33066 |
agency, or
private noncustodial agency
| 33067 |
33068 | |
training program or continuing training program operated under | 33069 |
section
5103.034 of the Revised Code.
| 33070 |
The reimbursement shall be on a per diem basis and limited to | 33071 |
the cost associated with the trainer, obtaining a site at which | 33072 |
the training is provided, and the administration of the training. | 33073 |
A reimbursement rate shall be the same regardless of whether the | 33074 |
training program is operated by the Ohio child welfare training | 33075 |
program or a public children services agency, private child | 33076 |
placing agency, or private noncustodial agency. | 33077 |
Sec. 5103.0314. The department of job and family services | 33078 |
shall not reimburse a recommending agency for the cost of any | 33079 |
training the agency requires a foster caregiver to undergo as a | 33080 |
condition of the agency recommending the department certify or | 33081 |
recertify the foster caregiver's foster home under section 5103.03 | 33082 |
of the Revised Code if the training is in addition to the minimum | 33083 |
training required by section 5103.031 or 5103.032 of the Revised | 33084 |
Code. | 33085 |
Sec. 5103.0316. Not later than ninety days after
| 33086 |
33087 | |
job and family services shall adopt rules in accordance with | 33088 |
Chapter 119. of the Revised Code as necessary for the efficient | 33089 |
administration of sections 5103.031 to 5103.0316 of the Revised | 33090 |
Code. The rules shall provide for all of the following: | 33091 |
(A) For the purpose of section 5103.038 of the Revised Code, | 33092 |
the date by which a public children services agency, private child | 33093 |
placing agency, or private noncustodial agency that seeks to | 33094 |
operate a preplacement training program or continuing training | 33095 |
program under section 5103.034 of the Revised Code must submit to | 33096 |
the department a proposal outlining the program; | 33097 |
(B) Requirements governing the department's reimbursement of | 33098 |
the Ohio child welfare training program and public children | 33099 |
services agencies, private child placing agencies, and private | 33100 |
noncustodial
agencies under
| 33101 |
5103.0313 of the Revised Code; | 33102 |
(C) Any other matter the department considers appropriate. | 33103 |
Sec. 5103.07. The department of job and family services | 33104 |
shall administer funds received under Title IV-B of the "Social | 33105 |
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as amended, | 33106 |
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 | 33107 |
(1974), 42 U.S.C.A. 5101, as amended | 33108 |
33109 | |
33110 | |
may establish a child welfare
services program | 33111 |
and neglect prevention and adoption reform
program | 33112 |
33113 | |
necessary for the adequate administration of these funds and | 33114 |
programs. The director of job and family services may adopt | 33115 |
internal management rules in accordance with section 111.15 of the | 33116 |
Revised Code
| 33117 |
33118 | |
the purposes of this section. | 33119 |
Sec. 5107.02. As used in this chapter: | 33120 |
(A) "Adult" means an individual who is not a minor child. | 33121 |
(B) "Assistance group" means a group of individuals treated | 33122 |
as a unit for purposes of determining eligibility for and the | 33123 |
amount of assistance provided under Ohio works first. | 33124 |
(C) "Custodian" means an individual who has legal custody, as | 33125 |
defined in section 2151.011 of the Revised Code, of a minor child | 33126 |
or comparable status over a minor child created by a court of | 33127 |
competent jurisdiction in another state. | 33128 |
(D) "Guardian" means an individual that is granted authority | 33129 |
by a probate court pursuant to Chapter 2111. of the Revised Code, | 33130 |
or a court of competent jurisdiction in another state, to exercise | 33131 |
parental rights over a minor child to the extent provided in the | 33132 |
court's order and subject to residual parental rights of the minor | 33133 |
child's parents. | 33134 |
(E) "Minor child" means either of the following: | 33135 |
(1) An individual who has not attained age eighteen; | 33136 |
(2) An individual who has not attained age nineteen and is a | 33137 |
full-time student in a secondary school or in the equivalent level | 33138 |
of vocational or technical training. | 33139 |
(F)
"Minor head of household" means a minor child who is
| 33140 |
either of the following: | 33141 |
(1) At least six months pregnant and a member of an | 33142 |
assistance group that does not include an adult; | 33143 |
(2) A parent of a child included in the same assistance | 33144 |
group that does not include an adult. | 33145 |
(G) "Ohio works first" means the program established by this | 33146 |
chapter known as temporary assistance for needy families in Title | 33147 |
IV-A. | 33148 |
(H) "Payment standard" means the amount specified in rules | 33149 |
adopted under section 5107.05 of the Revised Code that is the | 33150 |
maximum amount of cash assistance an assistance group may receive | 33151 |
under Ohio works first from state and federal funds. | 33152 |
(I) "Specified relative" means the following individuals who | 33153 |
are age eighteen or older: | 33154 |
(1) The following individuals related by blood or adoption: | 33155 |
(a) Grandparents, including grandparents with the prefix | 33156 |
"great," "great-great," or "great-great-great"; | 33157 |
(b) Siblings; | 33158 |
(c) Aunts, uncles, nephews, and nieces, including such | 33159 |
relatives with the prefix "great," "great-great," "grand," or | 33160 |
"great-grand"; | 33161 |
(d) First cousins and first cousins once removed. | 33162 |
(2) Stepparents and stepsiblings; | 33163 |
(3) Spouses and former spouses of individuals named in | 33164 |
division (I)(1) or (2) of this section. | 33165 |
(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title | 33166 |
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 33167 |
301, as amended. | 33168 |
Sec. 5107.10. (A) As used in this section: | 33169 |
(1) "Countable income," "gross earned income," and "gross | 33170 |
unearned income" have the meanings established in rules adopted | 33171 |
under section 5107.05 of the Revised Code. | 33172 |
(2) "Gross income" means gross earned income and gross | 33173 |
unearned income. | 33174 |
(3) "Strike" means continuous concerted action in failing to | 33175 |
report to duty; willful absence from one's position; or stoppage | 33176 |
of work in whole from the full, faithful, and proper performance | 33177 |
of the duties of employment, for the purpose of inducing, | 33178 |
influencing, or coercing a change in wages, hours, terms, and | 33179 |
other conditions of employment. "Strike" does not include a | 33180 |
stoppage of work by employees in good faith because of dangerous | 33181 |
or unhealthful working conditions at the place of employment that | 33182 |
are abnormal to the place of employment. | 33183 |
(B) Under the Ohio works first program, an assistance group | 33184 |
shall receive, except as otherwise provided by this chapter, | 33185 |
time-limited cash assistance. In the case of an assistance group | 33186 |
that includes a minor head of household or adult, assistance shall | 33187 |
be provided in accordance with the self-sufficiency contract | 33188 |
entered into under section 5107.14 of the Revised Code. | 33189 |
(C) To be eligible to participate in Ohio works first, an | 33190 |
assistance group must meet all of the following requirements: | 33191 |
(1) The assistance group, except as provided in division (E) | 33192 |
of this section, must include at least one of the following: | 33193 |
(a) A minor child who, except as provided in section 5107.24 | 33194 |
of the Revised Code, resides with a parent, or specified relative | 33195 |
caring for the child, or, to the extent permitted by Title IV-A | 33196 |
and federal regulations adopted until Title IV-A, resides with a | 33197 |
guardian or custodian caring for the child; | 33198 |
(b) A parent residing with and caring for the parent's minor | 33199 |
child who receives supplemental security income under Title XVI of | 33200 |
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, | 33201 |
as amended, or federal, state, or local adoption assistance; | 33202 |
(c) A specified relative residing with and caring for a | 33203 |
minor child who is related to the specified relative in a manner | 33204 |
that makes the specified relative a specified relative and | 33205 |
receives supplemental security income or federal, state, or local | 33206 |
foster care or adoption assistance; | 33207 |
(d) A woman at least six months pregnant. | 33208 |
(2) The assistance group must meet the income requirements | 33209 |
established by division (D) of this section. | 33210 |
(3) No member of the assistance group may be involved in a | 33211 |
strike. | 33212 |
(4) The assistance group must satisfy the requirements for | 33213 |
Ohio works first established by this chapter and sections
| 33214 |
5101.58, 5101.59, and 5101.83 of the Revised Code. | 33215 |
(5) The assistance group must meet requirements for Ohio | 33216 |
works first established by rules adopted under section 5107.05 of | 33217 |
the Revised Code. | 33218 |
(D)(1) Except as provided in division (D)(3) of this | 33219 |
section, to determine whether an assistance group is initially | 33220 |
eligible to participate in Ohio works first, a county department | 33221 |
of job and family services shall do the following: | 33222 |
(a) Determine whether the assistance group's gross income | 33223 |
exceeds the following amount: | 33224 |
Size of Assistance Group | Gross Income | 33225 |
1 | $423 | 33226 | ||||
2 | $537 | 33227 | ||||
3 | $630 | 33228 | ||||
4 | $750 | 33229 | ||||
5 | $858 | 33230 | ||||
6 | $942 | 33231 | ||||
7 | $1,038 | 33232 | ||||
8 | $1,139 | 33233 | ||||
9 | $1,241 | 33234 | ||||
10 | $1,343 | 33235 | ||||
11 | $1,440 | 33236 | ||||
12 | $1,542 | 33237 | ||||
13 | $1,643 | 33238 | ||||
14 | $1,742 | 33239 | ||||
15 | $1,844 | 33240 |
For each person in the assistance group that brings the | 33241 |
assistance group to more than fifteen persons, add one hundred two | 33242 |
dollars to the amount of gross income for an assistance group of | 33243 |
fifteen specified in division (D)(1)(a) of this section. | 33244 |
In making this determination, the county department shall | 33245 |
disregard amounts that federal statutes or regulations and | 33246 |
sections 5101.17 and 5117.10 of the Revised Code require be | 33247 |
disregarded. The assistance group is ineligible to participate in | 33248 |
Ohio works first if the assistance group's gross income, less the | 33249 |
amounts disregarded, exceeds the amount specified in division | 33250 |
(D)(1)(a) of this section. | 33251 |
(b) If the assistance group's gross income, less the amounts | 33252 |
disregarded pursuant to division (D)(1)(a) of this section, does | 33253 |
not exceed the amount specified in that division, determine | 33254 |
whether the assistance group's countable income is less than the | 33255 |
payment standard. The assistance group is ineligible to | 33256 |
participate in Ohio works first if the assistance group's | 33257 |
countable income equals or exceeds the payment standard. | 33258 |
(2) To determine whether an assistance group participating | 33259 |
in Ohio works first continues to be eligible to participate, a | 33260 |
county department of job and family services shall determine | 33261 |
whether the assistance group's countable income continues to be | 33262 |
less than the payment standard. In making this determination, the | 33263 |
county department shall disregard the first two hundred fifty | 33264 |
dollars and fifty per cent of the remainder of the assistance | 33265 |
group's gross earned income. No amounts shall be disregarded from | 33266 |
the assistance group's gross unearned income. The assistance | 33267 |
group ceases to be eligible to participate in Ohio works first if | 33268 |
its countable income, less the amounts disregarded, equals or | 33269 |
exceeds the payment standard. | 33270 |
(3) If an assistance group reapplies to participate in Ohio | 33271 |
works first not more than four months after ceasing to | 33272 |
participate, a county department of job and family services shall | 33273 |
use the income requirement established by division (D)(2) of this | 33274 |
section to determine eligibility for resumed participation rather | 33275 |
than the income requirement established by division (D)(1) of this | 33276 |
section. | 33277 |
(E)(1) An assistance group may continue to participate in | 33278 |
Ohio works first even though a public children services agency | 33279 |
removes the assistance group's minor children from the assistance | 33280 |
group's home due to abuse, neglect, or dependency if the agency | 33281 |
does both of the following: | 33282 |
(a) Notifies the county department of job and family | 33283 |
services at the time the agency removes the children that it | 33284 |
believes the children will be able to return to the assistance | 33285 |
group within six months; | 33286 |
(b) Informs the county department at the end of each of the | 33287 |
first five months after the agency removes the children that the | 33288 |
parent, guardian, custodian, or specified relative of the children | 33289 |
is cooperating with the case plans prepared for the children under | 33290 |
section 2151.412 of the Revised Code and that the agency is making | 33291 |
reasonable efforts to return the children to the assistance group. | 33292 |
(2) An assistance group may continue to participate in Ohio | 33293 |
works first pursuant to division (E)(1) of this section for not | 33294 |
more than six payment months. This division does not affect the | 33295 |
eligibility of an assistance group that includes a woman at least | 33296 |
six months pregnant. | 33297 |
Sec. 5107.14. An assistance group is ineligible to | 33298 |
participate in Ohio works first unless the minor head of household | 33299 |
or each adult member of the assistance group, not later than | 33300 |
thirty days after applying for or undergoing a redetermination of | 33301 |
eligibility for the program, enters into a written | 33302 |
self-sufficiency contract with the county department of job and | 33303 |
family services. The contract shall set forth the rights and | 33304 |
responsibilities of the assistance group as applicants for and | 33305 |
participants of the program, including work responsibilities | 33306 |
established under sections 5107.40 to 5107.69 of the Revised Code | 33307 |
and other requirements designed to assist the assistance group in | 33308 |
achieving self sufficiency and personal responsibility. The | 33309 |
county department shall provide without charge a copy of the | 33310 |
contract to each assistance group member who signs it. | 33311 |
Each self-sufficiency contract shall include, based on | 33312 |
appraisals conducted under section 5107.41 of the Revised Code and | 33313 |
assessments conducted under section 5107.70 of the Revised Code, | 33314 |
the following: | 33315 |
(A) The assistance group's plan, developed under section | 33316 |
5107.41 of the Revised Code, to achieve the goal of self | 33317 |
sufficiency and personal responsibility through unsubsidized | 33318 |
employment within the time limit for participating in Ohio works | 33319 |
first established by section 5107.18 of the Revised Code; | 33320 |
(B) Work activities, developmental activities, and | 33321 |
alternative work activities to which members of the assistance | 33322 |
group are assigned under sections 5107.40 to 5107.69 of the | 33323 |
Revised Code; | 33324 |
(C) The responsibility of a caretaker member of the | 33325 |
assistance group to cooperate in establishing a minor child's | 33326 |
paternity and establishing, modifying, and enforcing a support | 33327 |
order for the child in accordance with section 5107.22 of the | 33328 |
Revised Code; | 33329 |
(D) Other responsibilities that members of the assistance | 33330 |
group must satisfy to participate in Ohio works first and the | 33331 |
consequences for failure or refusal to satisfy the | 33332 |
responsibilities; | 33333 |
(E) An agreement that the assistance group will comply with | 33334 |
the conditions of participating in Ohio works first established by | 33335 |
this chapter
and sections
| 33336 |
of the Revised Code; | 33337 |
(F) Assistance and services the county department will | 33338 |
provide to the assistance group; | 33339 |
(G) Assistance and services the child support enforcement | 33340 |
agency and public children services agency will provide to the | 33341 |
assistance group pursuant to a plan of cooperation entered into | 33342 |
under section 307.983 of the Revised Code; | 33343 |
(H) Other provisions designed to assist the assistance group | 33344 |
in achieving self sufficiency and personal responsibility; | 33345 |
(I) Procedures for assessing whether responsibilities are | 33346 |
being satisfied and whether the contract should be amended; | 33347 |
(J) Procedures for amending the contract. | 33348 |
Sec. 5107.18. (A) Except as provided in divisions (B), (C), | 33349 |
(D), and (E) of this section, an assistance group is ineligible to | 33350 |
participate in Ohio works first if the assistance group includes | 33351 |
an
| 33352 |
thirty-six months as any of the following: an adult head of | 33353 |
household, minor head of household, or spouse of an adult head of | 33354 |
household or minor head of household. The time limit applies | 33355 |
regardless of whether the thirty-six months are consecutive. | 33356 |
(B) An assistance group that has ceased to participate in | 33357 |
Ohio works first pursuant to division (A) of this section for at | 33358 |
least twenty-four months, whether consecutive or not, may reapply | 33359 |
to participate in the program if good cause exists as determined | 33360 |
by the county department of job and family services. Good cause | 33361 |
may include losing employment, inability to find employment, | 33362 |
divorce, domestic violence considerations, and unique personal | 33363 |
circumstances. The assistance group must provide a county | 33364 |
department of job and family services verification acceptable to | 33365 |
the county department of whether any members of the assistance | 33366 |
group had employment during the period the assistance group was | 33367 |
not participating in Ohio works first and the amount and sources | 33368 |
of the assistance group's income during that period. If a county | 33369 |
department is satisfied that good cause exists for the assistance | 33370 |
group to reapply to participate in Ohio works first, the | 33371 |
assistance group may reapply. Except as provided in divisions | 33372 |
(C), (D), and (E) of this section, the assistance group may not | 33373 |
participate in Ohio works first for more than twenty-four | 33374 |
additional months. The time limit applies regardless of whether | 33375 |
the twenty-four months are consecutive. | 33376 |
(C) In determining the number of months a parent or pregnant | 33377 |
woman has received assistance under Title IV-A, a county | 33378 |
department of job and family services shall disregard any month | 33379 |
during which the parent or pregnant woman was a minor child but | 33380 |
was neither a minor head of household nor married to the head of | 33381 |
an assistance group. | 33382 |
(D) In determining the number of months an adult has | 33383 |
received assistance under Title IV-A, a county department of job | 33384 |
and family services shall disregard any month during which the | 33385 |
adult lived on an Indian reservation or in an Alaska native | 33386 |
village, as those terms are used in 42 U.S.C.A. 608(a)(7)(D), if, | 33387 |
during the month, at least one thousand individuals lived on the | 33388 |
reservation or in the village and at least fifty per cent of the | 33389 |
adults living on the reservation or in the village were | 33390 |
unemployed. | 33391 |
(E) A county department of job and family services may | 33392 |
exempt not more than twenty per cent of the average monthly number | 33393 |
of
Ohio works first
| 33394 |
limit established by this section on the grounds that the county | 33395 |
department determines that the time limit is a hardship. In the | 33396 |
case of the time limit established by division (A) of this | 33397 |
section, a county department may not exempt an assistance group | 33398 |
until the group has exhausted its thirty-six months of cash | 33399 |
assistance. | 33400 |
(F) The department of job and family services shall | 33401 |
continually monitor the percentage of the average monthly number | 33402 |
of
Ohio works first
| 33403 |
that is exempted under division (E) of this section from the time | 33404 |
limit established by this section. On determining that the | 33405 |
percentage in any county equals or exceeds eighteen per cent, the | 33406 |
department shall immediately notify the county department of job | 33407 |
and family services. | 33408 |
(G) Only participation in Ohio works first on or after | 33409 |
October 1, 1997, applies to the time limit established by this | 33410 |
section. The time limit applies regardless of the source of | 33411 |
funding for the program. Assistance under Title IV-A provided by | 33412 |
any state applies to the time limit. The time limit is a lifetime | 33413 |
limit. No assistance group shall receive assistance under the | 33414 |
program in violation of the time limit for assistance under Title | 33415 |
IV-A established by section 408(a)(7) of the "Social Security | 33416 |
Act," as amended by the "Personal Responsibility and Work | 33417 |
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 | 33418 |
U.S.C.A. 608 (a)(7). | 33419 |
Sec. 5108.01. As used in this chapter: | 33420 |
(A) "Assistance group" means a group of individuals treated | 33421 |
as a unit for purposes of determining eligibility for the | 33422 |
prevention, retention, and contingency program. | 33423 |
(B)
| 33424 |
| 33425 |
| 33426 |
33427 | |
33428 |
| 33429 |
the program established by this chapter and funded in part with | 33430 |
federal funds provided under Title IV-A. | 33431 |
| 33432 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 33433 |
| 33434 |
contingency
program,
| 33435 |
33436 | |
33437 | |
services shall
| 33438 |
| 33439 |
achieving or maintaining self sufficiency and personal | 33440 |
responsibility. A county department shall provide the benefits and | 33441 |
services in accordance with either the model design for the | 33442 |
program that the department of job and family services develops | 33443 |
under section 5108.05 of the Revised Code or the county | 33444 |
department's own policies for the program developed under section | 33445 |
5108.06 of the Revised Code. | 33446 |
| 33447 |
services shall develop a model design for the prevention, | 33448 |
retention, and contingency program that county departments of job | 33449 |
and family services
may adopt
under
section
| 33450 |
Revised Code.
| 33451 |
33452 | |
33453 | |
33454 | |
33455 | |
design. The department shall provide each county department a | 33456 |
written copy of the model design. | 33457 |
| 33458 |
family services shall either adopt the model design for the | 33459 |
prevention, retention, and contingency program the department of | 33460 |
job and family services
develops under
section
| 33461 |
the Revised Code or develop its own policies for the program. To | 33462 |
develop its own policies, a county department shall adopt a | 33463 |
written statement of the policies governing the program. The | 33464 |
policies may be a modification of the model design, different from | 33465 |
the model
design, or a combination.
| 33466 |
33467 | |
33468 | |
33469 | |
department may amend its statement of policies to modify, | 33470 |
terminate, and establish new policies.
| 33471 |
33472 | |
33473 | |
33474 | |
33475 |
A county department of job and family services shall inform | 33476 |
the department of job and family services of whether it has | 33477 |
adopted the model design or developed its own policies for the | 33478 |
prevention, retention, and contingency program. If a county | 33479 |
department develops its own policies, it shall provide the | 33480 |
department a written copy of the statement of policies and any | 33481 |
amendments it adopts to the statement. | 33482 |
Sec. 5108.07. The model design for the prevention, | 33483 |
retention, and contingency program that the department of job and | 33484 |
family services develops under section 5108.05 of the Revised Code | 33485 |
and policies for the program that a county department of job and | 33486 |
family services may develop under section 5108.06 of the Revised | 33487 |
Code shall establish or specify eligibility requirements for | 33488 |
assistance groups that apply for the program under section 5108.10 | 33489 |
of the Revised Code, benefits and services to be provided under | 33490 |
the program to assistance groups, administrative requirements, and | 33491 |
other matters the department, in the case of the model design, or | 33492 |
a county department, in the case of county policies, determine are | 33493 |
necessary. | 33494 |
The model design and a county department's policies may | 33495 |
establish eligibility requirements for, and specify benefits and | 33496 |
services to be provided to, types of groups, such as students in | 33497 |
the same class, that share a common need for the benefits and | 33498 |
services. If the model design or a county department's policies | 33499 |
include such a provision, the model design or county department's | 33500 |
policies shall require that each individual who is to receive the | 33501 |
benefits and services meet the eligibility requirements | 33502 |
established for the type of group of which the individual is a | 33503 |
member. The model design or county department's policies also | 33504 |
shall require that the county department providing the benefits | 33505 |
and services certify the group's eligibility, specify the duration | 33506 |
that the group is to receive the benefits and services, and | 33507 |
maintain the eligibility information for each member of the group | 33508 |
receiving the benefits and services. | 33509 |
The model design and a county department's policies may | 33510 |
specify benefits and services that a county department may provide | 33511 |
for the general public, including billboards that promote the | 33512 |
prevention, and reduction in the incidence, of out-of-wedlock | 33513 |
pregnancies or encourage the formation and maintenance of | 33514 |
two-parent families. | 33515 |
The model design and a county department's policies must be | 33516 |
consistent with Title IV-A, federal regulations, state law, the | 33517 |
Title IV-A state plan submitted to the United States secretary of | 33518 |
health and human services under section 5101.80 of the Revised | 33519 |
Code, and amendments to the plan. All benefits and services to be | 33520 |
provided under the model design or a county department's policies | 33521 |
must be allowable uses of federal Title IV-A funds as specified in | 33522 |
42 U.S.C.A. 604(a), except that they may not be "assistance" as | 33523 |
defined in 45 C.F.R. 260.31(a). The benefits and services shall | 33524 |
be benefits and services that 45 C.F.R. 260.31(b) excludes from | 33525 |
the definition of assistance. | 33526 |
Sec. 5108.08. Benefits and services provided under the | 33527 |
prevention, retention, and contingency program are inalienable | 33528 |
whether by way of assignment, charge, or otherwise and exempt from | 33529 |
execution, attachment, garnishment, and other like process. | 33530 |
Sec. 5108.09. When a state hearing under division (B) of | 33531 |
section 5101.35 of the Revised Code or an administrative appeal | 33532 |
under division (C) of that section is held regarding the | 33533 |
prevention, retention, and contingency program, the hearing | 33534 |
officer, director of job and family services, or director's | 33535 |
designee shall base the decision in the hearing or appeal on the | 33536 |
following: | 33537 |
(A) If the county department of job and family services | 33538 |
involved in the hearing or appeal adopted the department of job | 33539 |
and family services' model design for the program developed under | 33540 |
section
| 33541 |
(B) If the county department developed its own policies for | 33542 |
the program, the county department's written statement of policies | 33543 |
adopted under
section
| 33544 |
amendments the county department adopted to the statement. | 33545 |
Sec. 5108.10. An assistance group seeking to participate in | 33546 |
the prevention, retention, and contingency program shall apply to | 33547 |
a county department of job and family services using an | 33548 |
application containing information the county department requires. | 33549 |
When a county department receives an application for | 33550 |
participation in the prevention, retention, and contingency | 33551 |
program, it shall promptly make an investigation and record of the | 33552 |
circumstances of the applicant in order to ascertain the facts | 33553 |
surrounding the application and to obtain such other information | 33554 |
as may be required. On completion of the investigation, the | 33555 |
county department shall determine whether the applicant is | 33556 |
eligible to participate, the
| 33557 |
applicant should receive, and the approximate date when | 33558 |
participation is to begin. | 33559 |
Sec. 5111.01. As used in this chapter, "medical assistance | 33560 |
program" or "medicaid" means the program that is authorized by | 33561 |
this
| 33562 |
family services under this chapter, Title XIX of the "Social | 33563 |
Security Act,"
| 33564 |
1396, as amended, and the waivers of Title XIX requirements | 33565 |
granted to the department by the health care financing | 33566 |
administration of the United States department of health and human | 33567 |
services. | 33568 |
The department of job and family services shall act as the | 33569 |
single state agency to supervise the administration of the | 33570 |
medicaid program. As the single state agency, the department | 33571 |
shall comply with 42 C.F.R. 431.10(e). The department's rules | 33572 |
governing medicaid are binding on other agencies that administer | 33573 |
components of the medicaid program. No agency may establish, by | 33574 |
rule or otherwise, a policy governing medicaid that is | 33575 |
inconsistent with a medicaid policy established, in rule or | 33576 |
otherwise, by the director of job and family services. | 33577 |
(A) The department of job and family services may provide | 33578 |
medical assistance under the medicaid program as long as federal | 33579 |
funds are provided for such assistance, to the following: | 33580 |
(1) Families with children that meet either of the following | 33581 |
conditions: | 33582 |
(a) The family meets the income, resource, and family | 33583 |
composition requirements in effect on July 16, 1996, for the | 33584 |
former aid to dependent children program as those requirements | 33585 |
were established by Chapter 5107. of the Revised Code, federal | 33586 |
waivers granted pursuant to requests made under former section | 33587 |
5101.09 of the Revised Code, and rules adopted by the department | 33588 |
or any changes the department makes to those requirements in | 33589 |
accordance with paragraph (a)(2) of section 114 of the "Personal | 33590 |
Responsibility and Work Opportunity Reconciliation Act of 1996," | 33591 |
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of | 33592 |
implementing section 5111.019 of the Revised Code. An adult loses | 33593 |
eligibility for medical assistance under division (A)(1)(a) of | 33594 |
this section pursuant to division (E) of section 5107.16 of the | 33595 |
Revised Code. | 33596 |
(b) The family does not meet the requirements specified in | 33597 |
division (A)(1)(a) of this section but is eligible for medical | 33598 |
assistance pursuant to section 5101.18 of the Revised Code. | 33599 |
(2) Aged, blind, and disabled persons who meet the following | 33600 |
conditions: | 33601 |
(a) Receive federal aid under Title XVI of the "Social | 33602 |
Security Act," or are eligible for but are not receiving such aid, | 33603 |
provided that the income from all other sources for individuals | 33604 |
with independent living arrangements shall not exceed one hundred | 33605 |
seventy-five dollars per month. The income standards hereby | 33606 |
established shall be adjusted annually at the rate that is used by | 33607 |
the United States department of health and human services to | 33608 |
adjust the amounts payable under Title XVI. | 33609 |
(b) Do not receive aid under Title XVI, but meet any of the | 33610 |
following criteria: | 33611 |
(i) Would be eligible to receive such aid, except that their | 33612 |
income, other than that excluded from consideration as income | 33613 |
under Title XVI, exceeds the maximum under division (A)(2)(a) of | 33614 |
this section, and incurred expenses for medical care, as | 33615 |
determined under federal regulations applicable to section 209(b) | 33616 |
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42 | 33617 |
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which | 33618 |
their income exceeds the maximum under division (A)(2)(a) of this | 33619 |
section; | 33620 |
(ii) Received aid for the aged, aid to the blind, or aid for | 33621 |
the permanently and totally disabled prior to January 1, 1974, and | 33622 |
continue to meet all the same eligibility requirements; | 33623 |
(iii) Are eligible for medical assistance pursuant to | 33624 |
section 5101.18 of the Revised Code. | 33625 |
(3) Persons to whom federal law requires, as a condition of | 33626 |
state participation in the medicaid program, that medical | 33627 |
assistance be provided; | 33628 |
(4) Persons under age twenty-one who meet the income | 33629 |
requirements for the Ohio works first program established under | 33630 |
Chapter 5107. of the Revised Code but do not meet other | 33631 |
eligibility requirements for the program. The director shall | 33632 |
adopt rules in accordance with Chapter 119. of the Revised Code | 33633 |
specifying which Ohio works first requirements shall be waived for | 33634 |
the purpose of providing medicaid eligibility under division | 33635 |
(A)(4) of this section. | 33636 |
(B) If funds are appropriated for such purpose by the | 33637 |
general assembly, the department may provide medical assistance to | 33638 |
persons in groups designated by federal law as groups to which a | 33639 |
state, at its option, may provide medical assistance under the | 33640 |
medicaid program. | 33641 |
(C) The department may expand eligibility for medical | 33642 |
assistance to include individuals under age nineteen with family | 33643 |
incomes at or below one hundred fifty per cent of the federal | 33644 |
poverty guidelines, except that the eligibility expansion shall | 33645 |
not occur unless the department receives the approval of the | 33646 |
federal government. The department may implement the eligibility | 33647 |
expansion authorized under this division on any date selected by | 33648 |
the department, but not sooner than January 1, 1998. | 33649 |
(D) In addition to any other authority or requirement to | 33650 |
adopt rules under this chapter, the director may adopt rules in | 33651 |
accordance with section 111.15 of the Revised Code as the director | 33652 |
considers necessary to establish standards, procedures, and other | 33653 |
requirements regarding the provision of medical assistance. The | 33654 |
rules may establish requirements to be followed in applying for | 33655 |
medical assistance, making determinations of eligibility for | 33656 |
medical assistance, and verifying eligibility for medical | 33657 |
assistance. The rules may include special conditions as the | 33658 |
department determines appropriate for making applications, | 33659 |
determining eligibility, and verifying eligibility for any medical | 33660 |
assistance that the department may provide pursuant to division | 33661 |
(C) of this section and section 5111.014 or 5111.019 of the | 33662 |
Revised Code. | 33663 |
Sec. 5111.0110. (A) The director of job and family services | 33664 |
shall submit to the United States secretary of health and human | 33665 |
services an amendment to the state medicaid plan to implement the | 33666 |
"Breast and Cervical Cancer Prevention and Treatment Act of 2000," | 33667 |
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical | 33668 |
assistance to women who meet all of the following requirements: | 33669 |
(1) Are under age sixty-five; | 33670 |
(2) Are not otherwise eligible for medicaid; | 33671 |
(3) Have been screened for breast and cervical cancer under | 33672 |
the centers for disease control and prevention breast and cervical | 33673 |
cancer early detection program established under 42 U.S.C.A. 300k | 33674 |
in accordance with 42 U.S.C.A. 300n; | 33675 |
(4) Need treatment for breast or cervical cancer; | 33676 |
(5) Are not otherwise covered under creditable coverage, as | 33677 |
defined in 42 U.S.C.A. 300gg(c). | 33678 |
(B) If the United States secretary of health and human | 33679 |
services approves the state medicaid plan amendment submitted | 33680 |
under division (A) of this section, the director of job and family | 33681 |
services shall implement the amendment. The medical assistance | 33682 |
provided under the amendment shall be limited to medical | 33683 |
assistance provided during the period in which a woman who meets | 33684 |
the requirements of division (A) of this section requires | 33685 |
treatment for breast or cervical cancer. | 33686 |
Sec. 5111.041. (A) As used in this section, "habilitation | 33687 |
center" means a habilitation center certified under section | 33688 |
5123.041 of the Revised Code by the director of mental retardation | 33689 |
and developmental disabilities
| 33690 |
habilitation center services under this section. | 33691 |
(B)
| 33692 |
33693 | |
33694 | |
33695 | |
33696 | |
provided in rules adopted under division (C) of this section, the | 33697 |
medicaid program shall cover habilitation center services provided | 33698 |
by a habilitation center. | 33699 |
(C) The director of job and family services shall adopt | 33700 |
rules in accordance with Chapter 119. of the Revised Code | 33701 |
governing the medicaid program's coverage of habilitation services | 33702 |
provided by habilitation centers. The rules shall establish or | 33703 |
provide for all of the following: | 33704 |
(1) The requirements a habilitation center must meet to | 33705 |
obtain certification under section 5123.041 of the Revised Code; | 33706 |
(2) Making habilitation center services provided by | 33707 |
habilitation centers available to medicaid recipients with a | 33708 |
medical need for the services; | 33709 |
(3) The amount, duration, and scope of the medicaid | 33710 |
program's coverage of the habilitation center services, including | 33711 |
all of the following: | 33712 |
(a) The conditions under which the medicaid program covers | 33713 |
the habilitation center services; | 33714 |
(b) The amount the medicaid program pays for the | 33715 |
habilitation center services or the method by which the amount is | 33716 |
determined; | 33717 |
(c) The manner in which the medicaid program pays for the | 33718 |
habilitation center services. | 33719 |
(D) A county board of mental retardation and developmental | 33720 |
disabilities that has local administrative authority under | 33721 |
division (B) of section 5126.055 of the Revised Code for | 33722 |
habilitation center services shall pay the nonfederal share of | 33723 |
medicaid expenditures for the services if all of the following | 33724 |
apply: | 33725 |
(1) The habilitation center services are provided to a | 33726 |
medicaid recipient who is a current resident of the county that | 33727 |
the county board serves; | 33728 |
(2) The county board has determined, under section 5126.041 | 33729 |
of the Revised Code, that the medicaid recipient is eligible for | 33730 |
county board services; | 33731 |
(3) The habilitation center services are provided by a | 33732 |
habilitation center with a medicaid provider agreement and the | 33733 |
habilitation center meets either of the following requirements: | 33734 |
(a) Is operated by the county board; | 33735 |
(b) Has contracted with the county board or the department | 33736 |
of mental retardation and developmental disabilities to provide | 33737 |
the habilitation center services. | 33738 |
(4) No school district is required to pay the nonfederal | 33739 |
share under division (E) of this section. | 33740 |
(E) A school district shall pay the nonfederal share of | 33741 |
medicaid expenditures for habilitation center services if all of | 33742 |
the following apply: | 33743 |
(1) The habilitation center services are provided to a | 33744 |
medicaid recipient who is a student enrolled in a school of the | 33745 |
district; | 33746 |
(2) The habilitation center services are included in the | 33747 |
student's individualized education program provided under section | 33748 |
3323.08 of the Revised Code; | 33749 |
(3) The habilitation center services are provided by a | 33750 |
habilitation center with a medicaid provider agreement and the | 33751 |
habilitation center meets either of the following requirements: | 33752 |
(a) Is operated by the school district; | 33753 |
(b) Has contracted with the school district to provide the | 33754 |
habilitation center services. | 33755 |
(F) The departments of mental retardation and developmental | 33756 |
disabilities and job and family services may approve, reduce, | 33757 |
deny, or terminate a service included in the individualized | 33758 |
service plan developed for a medicaid recipient eligible for | 33759 |
habilitation center services. The departments shall consider the | 33760 |
recommendations a county board of mental retardation and | 33761 |
developmental disabilities makes under division (B)(1) of section | 33762 |
5126.055 of the Revised Code. If either department reduces, | 33763 |
denies, or terminates a service, that department shall timely | 33764 |
notify the medicaid recipient that the recipient may request a | 33765 |
hearing under section 5101.35 of the Revised Code. | 33766 |
Sec. 5111.042. The departments of mental retardation and | 33767 |
developmental disabilities and job and family services may | 33768 |
approve, reduce, deny, or terminate a service included in the | 33769 |
individualized service plan developed for a medicaid recipient | 33770 |
with mental retardation or other developmental disability who is | 33771 |
eligible for medicaid case management services. The departments | 33772 |
shall consider the recommendations a county board of mental | 33773 |
retardation and developmental disabilities makes under division | 33774 |
(B)(1) of section 5126.055 of the Revised Code. If either | 33775 |
department reduces, denies, or terminates a service, that | 33776 |
department shall timely notify the medicaid recipient that the | 33777 |
recipient may request a hearing under section 5101.35 of the | 33778 |
Revised Code. | 33779 |
Sec. 5111.081. The prescription drug rebates fund is hereby | 33780 |
created in the state treasury. All rebates paid by drug | 33781 |
manufacturers to the department of job and family services in | 33782 |
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8 | 33783 |
shall be credited to the fund. The department of job and family | 33784 |
services shall use money credited to the fund to pay for medicaid | 33785 |
services and contracts. | 33786 |
Sec. 5111.17. (A)
| 33787 |
33788 | |
33789 | |
33790 |
| 33791 |
of health and human services of any federal requirement that would | 33792 |
otherwise be violated, the department of job and family services | 33793 |
| 33794 |
counties a managed care system under which designated recipients | 33795 |
of
medical assistance are required to obtain
| 33796 |
services from providers
designated by the department.
| 33797 |
33798 | |
33799 | |
33800 | |
33801 |
| 33802 |
33803 | |
33804 | |
33805 | |
33806 | |
33807 | |
33808 | |
with managed care organizations to authorize the organizations to | 33809 |
provide health care services to medical assistance recipients | 33810 |
participating in a managed care system established under this | 33811 |
section. | 33812 |
| 33813 |
33814 | |
33815 | |
33816 | |
33817 |
| 33818 |
33819 | |
33820 | |
33821 | |
33822 | |
33823 | |
33824 |
| 33825 |
department pays hospitals under section 5112.08 of the Revised | 33826 |
Code and the amount of disproportionate share hospital payments | 33827 |
paid by the medicare program established under Title XVIII of the | 33828 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 33829 |
amended, each managed care organization under contract with the | 33830 |
department to provide
| 33831 |
participating medical assistance recipients shall keep detailed | 33832 |
records for each hospital with which it contracts about the cost | 33833 |
to the hospital of providing the care, payments made by the | 33834 |
organization to the hospital for the care, utilization of hospital | 33835 |
services by medical assistance recipients participating in managed | 33836 |
care, and other utilization data required by the department. | 33837 |
| 33838 |
adopt rules in accordance with Chapter 119. of the Revised Code to | 33839 |
implement this section. | 33840 |
Sec. 5111.171. (A) The department of job and family services | 33841 |
may provide financial incentive awards to managed care | 33842 |
organizations that contract with the department under section | 33843 |
5111.17 of the Revised Code to provide health care services to | 33844 |
participating medical assistance recipients and that meet or | 33845 |
exceed performance standards specified in provider agreements or | 33846 |
rules adopted by the department. The department may specify in a | 33847 |
contract with a managed care organization the amounts of financial | 33848 |
incentive awards, methodology for distributing awards, types of | 33849 |
awards, and standards for administration by the department. | 33850 |
(B) There is hereby created in the state treasury the health | 33851 |
care compliance fund. The fund shall consist of all fines imposed | 33852 |
on and collected from managed care organizations for failure to | 33853 |
nmeet performance standards or other requirements specified in | 33854 |
provider agreements or rules adopted by the department. All | 33855 |
investment earnings of the fund shall be credited to the fund. | 33856 |
Moneys credited to the fund shall be used solely for the following | 33857 |
purposes: | 33858 |
(1) To reimburse managed care organizations that have paid | 33859 |
fines for failures to meet performance standards or other | 33860 |
requirements and that have come into compliance by meeting | 33861 |
requirements as specified by the department; | 33862 |
(2) To provide financial incentive awards established | 33863 |
pursuant to division (A) of this section and specified in | 33864 |
contracts between managed care organizations and the department. | 33865 |
Sec. 5111.25. (A) The department of job and family services | 33866 |
shall pay each eligible nursing facility a per resident per day | 33867 |
rate for its reasonable capital costs established prospectively | 33868 |
each fiscal year for each facility. Except as otherwise provided | 33869 |
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall | 33870 |
be based on the facility's capital costs for the calendar year | 33871 |
preceding the fiscal year in which the rate will be paid. The | 33872 |
rate shall equal the sum of divisions (A)(1) to (3) of this | 33873 |
section: | 33874 |
(1) The lesser of the following: | 33875 |
(a) Eighty-eight and sixty-five one-hundredths per cent of | 33876 |
the facility's desk-reviewed, actual, allowable, per diem cost of | 33877 |
ownership and eighty-five per cent of the facility's actual, | 33878 |
allowable, per diem cost of nonextensive renovation determined | 33879 |
under division (F) of this section; | 33880 |
(b) Eighty-eight and sixty-five one-hundredths per cent of | 33881 |
the following limitation: | 33882 |
(i) For the fiscal year beginning July 1, 1993, sixteen | 33883 |
dollars per resident day; | 33884 |
(ii) For the fiscal year beginning July 1, 1994, sixteen | 33885 |
dollars per resident day, adjusted to reflect the rate of | 33886 |
inflation for the twelve-month period beginning July 1, 1992, and | 33887 |
ending June 30, 1993, using the consumer price index for shelter | 33888 |
costs for all urban consumers for the north central region, | 33889 |
published by the United States bureau of labor statistics; | 33890 |
(iii) For subsequent fiscal years, the limitation in effect | 33891 |
during the previous fiscal year, adjusted to reflect the rate of | 33892 |
inflation for the twelve-month period beginning on the first day | 33893 |
of July for the calendar year preceding the calendar year that | 33894 |
precedes the fiscal year and ending on the following thirtieth day | 33895 |
of June, using the consumer price index for shelter costs for all | 33896 |
urban consumers for the north central region, published by the | 33897 |
United States bureau of labor statistics. | 33898 |
(2) Any efficiency incentive determined under division (D) | 33899 |
of this section; | 33900 |
(3) Any amounts for return on equity determined under | 33901 |
division (H) of this section. | 33902 |
Buildings shall be depreciated using the straight line method | 33903 |
over forty years or over a different period approved by the | 33904 |
department. Components and equipment shall be depreciated using | 33905 |
the straight-line method over a period designated in rules adopted | 33906 |
by the director of job and family services in accordance with | 33907 |
Chapter 119. of the Revised Code, consistent with the guidelines | 33908 |
of the American hospital association, or over a different period | 33909 |
approved by the department. Any rules adopted under this division | 33910 |
that specify useful lives of buildings, components, or equipment | 33911 |
apply only to assets acquired on or after July 1, 1993. | 33912 |
Depreciation for costs paid or reimbursed by any government agency | 33913 |
shall not be included in cost of ownership or renovation unless | 33914 |
that part of the payment under sections 5111.20 to 5111.32 of the | 33915 |
Revised Code is used to reimburse the government agency. | 33916 |
(B) The capital cost basis of nursing facility assets shall | 33917 |
be determined in the following manner: | 33918 |
(1) For purposes of calculating the rate to be paid for the | 33919 |
fiscal year beginning July 1, 1993, for facilities with dates of | 33920 |
licensure on or before June 30, 1993, the capital cost basis shall | 33921 |
be equal to the following: | 33922 |
(a) For facilities that have not had a change of ownership | 33923 |
during the period beginning January 1, 1993, and ending June 30, | 33924 |
1993, the desk-reviewed, actual, allowable capital cost basis that | 33925 |
is listed on the facility's cost report for the cost reporting | 33926 |
period ending December 31, 1992, plus the actual, allowable | 33927 |
capital cost basis of any assets constructed or acquired after | 33928 |
December 31, 1992, but before July 1, 1993, if the aggregate | 33929 |
capital costs of those assets would increase the facility's rate | 33930 |
for capital costs by twenty or more cents per resident per day. | 33931 |
(b) For facilities that have a date of licensure or had a | 33932 |
change of ownership during the period beginning January 1, 1993, | 33933 |
and ending June 30, 1993, the actual, allowable capital cost basis | 33934 |
of the person or government entity that owns the facility on June | 33935 |
30, 1993. | 33936 |
Capital cost basis shall be calculated as provided in | 33937 |
division (B)(1) of this section subject to approval by the United | 33938 |
States health care financing administration of any necessary | 33939 |
amendment to the state plan for providing medical assistance. | 33940 |
The department shall include the actual, allowable capital | 33941 |
cost basis of assets constructed or acquired during the period | 33942 |
beginning January 1, 1993, and ending June 30, 1993, in the | 33943 |
calculation for the facility's rate effective July 1, 1993, if the | 33944 |
aggregate capital costs of the assets would increase the | 33945 |
facility's rate by twenty or more cents per resident per day and | 33946 |
the facility provides the department with sufficient documentation | 33947 |
of the costs before June 1, 1993. If the facility provides the | 33948 |
documentation after that date, the department shall adjust the | 33949 |
facility's rate to reflect the costs of the assets one month after | 33950 |
the first day of the month after the department receives the | 33951 |
documentation. | 33952 |
(2) Except as provided in division (B)(4) of this section, | 33953 |
for purposes of calculating the rates to be paid for fiscal years | 33954 |
beginning after June 30, 1994, for facilities with dates of | 33955 |
licensure on or before June 30, 1993, the capital cost basis of | 33956 |
each asset shall be equal to the desk-reviewed, actual, allowable, | 33957 |
capital cost basis that is listed on the facility's cost report | 33958 |
for the calendar year preceding the fiscal year during which the | 33959 |
rate will be paid. | 33960 |
(3) For facilities with dates of licensure after June 30, | 33961 |
1993, the capital cost basis shall be determined in accordance | 33962 |
with the principles of the medicare program established under | 33963 |
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 33964 |
U.S.C.A. 301, as amended, except as otherwise provided in sections | 33965 |
5111.20 to 5111.32 of the Revised Code. | 33966 |
(4) Except as provided in division (B)(5) of this section, | 33967 |
if a provider transfers an interest in a facility to another | 33968 |
provider after June 30, 1993, there shall be no increase in the | 33969 |
capital cost basis of the asset if the providers are related | 33970 |
parties. If the providers are not related parties or if they are | 33971 |
related parties and division (B)(5) of this section requires the | 33972 |
adjustment of the capital cost basis under this division, the | 33973 |
basis of the asset shall be adjusted by the lesser of the | 33974 |
following: | 33975 |
(a) One-half of the change in construction costs during the | 33976 |
time that the transferor held the asset, as calculated by the | 33977 |
department of job and family services using the "Dodge building | 33978 |
cost indexes, northeastern and north central states," published by | 33979 |
Marshall and Swift; | 33980 |
(b) One-half of the change in the consumer price index for | 33981 |
all items for all urban consumers, as published by the United | 33982 |
States bureau of labor statistics, during the time that the | 33983 |
transferor held the asset. | 33984 |
(5) If a provider transfers an interest in a facility to | 33985 |
another provider who is a related party, the capital cost basis of | 33986 |
the asset shall be adjusted as specified in division (B)(4) of | 33987 |
this section for a transfer to a provider that is not a related | 33988 |
party if all of the following conditions are met: | 33989 |
(a) The related party is a relative of owner; | 33990 |
(b) Except as provided in division (B)(5)(c)(ii) of this | 33991 |
section, the provider making the transfer retains no ownership | 33992 |
interest in the facility; | 33993 |
(c) The department of job and family services determines | 33994 |
that the transfer is an arm's length transaction pursuant to rules | 33995 |
the department shall adopt in accordance with Chapter 119. of the | 33996 |
Revised Code no later than December 31, 2000. The rules shall | 33997 |
provide that a transfer is an arm's length transaction if all of | 33998 |
the following apply: | 33999 |
(i) Once the transfer goes into effect, the provider that | 34000 |
made the transfer has no direct or indirect interest in the | 34001 |
provider that acquires the facility or the facility itself, | 34002 |
including interest as an owner, officer, director, employee, | 34003 |
independent contractor, or consultant, but excluding interest as a | 34004 |
creditor. | 34005 |
(ii) The provider that made the transfer does not reacquire | 34006 |
an interest in the facility except through the exercise of a | 34007 |
creditor's rights in the event of a default. If the provider | 34008 |
reacquires an interest in the facility in this manner, the | 34009 |
department shall treat the facility as if the transfer never | 34010 |
occurred when the department calculates its reimbursement rates | 34011 |
for capital costs. | 34012 |
(iii) The transfer satisfies any other criteria specified in | 34013 |
the rules. | 34014 |
(d) Except in the case of hardship caused by a catastrophic | 34015 |
event, as determined by the department, or in the case of a | 34016 |
provider making the transfer who is at least sixty-five years of | 34017 |
age, not less than twenty years have elapsed since, for the same | 34018 |
facility, the capital cost basis was adjusted most recently under | 34019 |
division (B)(5) of this section or actual, allowable cost of | 34020 |
ownership was determined most recently under division (C)(9) of | 34021 |
this section. | 34022 |
(C) As used in this division, "lease expense" means lease | 34023 |
payments in the case of an operating lease and depreciation | 34024 |
expense and interest expense in the case of a capital lease. As | 34025 |
used in this division, "new lease" means a lease, to a different | 34026 |
lessee, of a nursing facility that previously was operated under a | 34027 |
lease. | 34028 |
(1) Subject to the limitation specified in division (A)(1) | 34029 |
of this section, for a lease of a facility that was effective on | 34030 |
May 27, 1992, the entire lease expense is an actual, allowable | 34031 |
cost of ownership during the term of the existing lease. The | 34032 |
entire lease expense also is an actual, allowable cost of | 34033 |
ownership if a lease in existence on May 27, 1992, is renewed | 34034 |
under either of the following circumstances: | 34035 |
(a) The renewal is pursuant to a renewal option that was in | 34036 |
existence on May 27, 1992; | 34037 |
(b) The renewal is for the same lease payment amount and | 34038 |
between the same parties as the lease in existence on May 27, | 34039 |
1992. | 34040 |
(2) Subject to the limitation specified in division (A)(1) | 34041 |
of this section, for a lease of a facility that was in existence | 34042 |
but not operated under a lease on May 27, 1992, actual, allowable | 34043 |
cost of ownership shall include the lesser of the annual lease | 34044 |
expense or the annual depreciation expense and imputed interest | 34045 |
expense that would be calculated at the inception of the lease | 34046 |
using the lessor's entire historical capital asset cost basis, | 34047 |
adjusted by the lesser of the following amounts: | 34048 |
(a) One-half of the change in construction costs during the | 34049 |
time the lessor held each asset until the beginning of the lease, | 34050 |
as calculated by the department using the "Dodge building cost | 34051 |
indexes, northeastern and north central states," published by | 34052 |
Marshall and Swift; | 34053 |
(b) One-half of the change in the consumer price index for | 34054 |
all items for all urban consumers, as published by the United | 34055 |
States bureau of labor statistics, during the time the lessor held | 34056 |
each asset until the beginning of the lease. | 34057 |
(3) Subject to the limitation specified in division (A)(1) | 34058 |
of this section, for a lease of a facility with a date of | 34059 |
licensure on or after May 27, 1992, that is initially operated | 34060 |
under a lease, actual, allowable cost of ownership shall include | 34061 |
the annual lease expense if there was a substantial commitment of | 34062 |
money for construction of the facility after December 22, 1992, | 34063 |
and before July 1, 1993. If there was not a substantial | 34064 |
commitment of money after December 22, 1992, and before July 1, | 34065 |
1993, actual, allowable cost of ownership shall include the lesser | 34066 |
of the annual lease expense or the sum of the following: | 34067 |
(a) The annual depreciation expense that would be calculated | 34068 |
at the inception of the lease using the lessor's entire historical | 34069 |
capital asset cost basis; | 34070 |
(b) The greater of the lessor's actual annual amortization | 34071 |
of financing costs and interest expense at the inception of the | 34072 |
lease or the imputed interest expense calculated at the inception | 34073 |
of the lease using seventy per cent of the lessor's historical | 34074 |
capital asset cost basis. | 34075 |
(4) Subject to the limitation specified in division (A)(1) | 34076 |
of this section, for a lease of a facility with a date of | 34077 |
licensure on or after May 27, 1992, that was not initially | 34078 |
operated under a lease and has been in existence for ten years, | 34079 |
actual, allowable cost of ownership shall include the lesser of | 34080 |
the annual lease expense or the annual depreciation expense and | 34081 |
imputed interest expense that would be calculated at the inception | 34082 |
of the lease using the entire historical capital asset cost basis | 34083 |
of the lessor, adjusted by the lesser of the following: | 34084 |
(a) One-half of the change in construction costs during the | 34085 |
time the lessor held each asset until the beginning of the lease, | 34086 |
as calculated by the department using the "Dodge building cost | 34087 |
indexes, northeastern and north central states," published by | 34088 |
Marshall and Swift; | 34089 |
(b) One-half of the change in the consumer price index for | 34090 |
all items for all urban consumers, as published by the United | 34091 |
States bureau of labor statistics, during the time the lessor held | 34092 |
each asset until the beginning of the lease. | 34093 |
(5) Subject to the limitation specified in division (A)(1) | 34094 |
of this section, for a new lease of a facility that was operated | 34095 |
under a lease on May 27, 1992, actual, allowable cost of ownership | 34096 |
shall include the lesser of the annual new lease expense or the | 34097 |
annual old lease payment. If the old lease was in effect for ten | 34098 |
years or longer, the old lease payment from the beginning of the | 34099 |
old lease shall be adjusted by the lesser of the following: | 34100 |
(a) One-half of the change in construction costs from the | 34101 |
beginning of the old lease to the beginning of the new lease, as | 34102 |
calculated by the department using the "Dodge building cost | 34103 |
indexes, northeastern and north central states," published by | 34104 |
Marshall and Swift; | 34105 |
(b) One-half of the change in the consumer price index for | 34106 |
all items for all urban consumers, as published by the United | 34107 |
States bureau of labor statistics, from the beginning of the old | 34108 |
lease to the beginning of the new lease. | 34109 |
(6) Subject to the limitation specified in division (A)(1) | 34110 |
of this section, for a new lease of a facility that was not in | 34111 |
existence or that was in existence but not operated under a lease | 34112 |
on May 27, 1992, actual, allowable cost of ownership shall include | 34113 |
the lesser of annual new lease expense or the annual amount | 34114 |
calculated for the old lease under division (C)(2), (3), (4), or | 34115 |
(6) of this section, as applicable. If the old lease was in | 34116 |
effect for ten years or longer, the lessor's historical capital | 34117 |
asset cost basis shall be adjusted by the lesser of the following | 34118 |
for purposes of calculating the annual amount under division | 34119 |
(C)(2), (3), (4), or (6) of this section: | 34120 |
(a) One-half of the change in construction costs from the | 34121 |
beginning of the old lease to the beginning of the new lease, as | 34122 |
calculated by the department using the "Dodge building cost | 34123 |
indexes, northeastern and north central states," published by | 34124 |
Marshall and Swift; | 34125 |
(b) One-half of the change in the consumer price index for | 34126 |
all items for all urban consumers, as published by the United | 34127 |
States bureau of labor statistics, from the beginning of the old | 34128 |
lease to the beginning of the new lease. | 34129 |
In the case of a lease under division (C)(3) of this section | 34130 |
of a facility for which a substantial commitment of money was made | 34131 |
after December 22, 1992, and before July 1, 1993, the old lease | 34132 |
payment shall be adjusted for the purpose of determining the | 34133 |
annual amount. | 34134 |
(7) For any revision of a lease described in division | 34135 |
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any | 34136 |
subsequent lease of a facility operated under such a lease, other | 34137 |
than execution of a new lease, the portion of actual, allowable | 34138 |
cost of ownership attributable to the lease shall be the same as | 34139 |
before the revision or subsequent lease. | 34140 |
(8) Except as provided in division (C)(9) of this section, | 34141 |
if a provider leases an interest in a facility to another provider | 34142 |
who is a related party, the related party's actual, allowable cost | 34143 |
of ownership shall include the lesser of the annual lease expense | 34144 |
or the reasonable cost to the lessor. | 34145 |
(9) If a provider leases an interest in a facility to | 34146 |
another provider who is a related party, regardless of the date of | 34147 |
the lease, the related party's actual, allowable cost of ownership | 34148 |
shall include the annual lease expense, subject to the limitations | 34149 |
specified in divisions (C)(1) to (7) of this section, if all of | 34150 |
the following conditions are met: | 34151 |
(a) The related party is a relative of owner; | 34152 |
(b) If the lessor retains an ownership interest, it is, | 34153 |
except as provided in division (C)(9)(c)(ii) of this section, in | 34154 |
only the real property and any improvements on the real property; | 34155 |
(c) The department of job and family services determines | 34156 |
that the lease is an arm's length transaction pursuant to rules | 34157 |
the department shall adopt in accordance with Chapter 119. of the | 34158 |
Revised Code no later than December 31, 2000. The rules shall | 34159 |
provide that a lease is an arm's length transaction if all of the | 34160 |
following apply: | 34161 |
(i) Once the lease goes into effect, the lessor has no | 34162 |
direct or indirect interest in the lessee or, except as provided | 34163 |
in division (C)(9)(b) of this section, the facility itself, | 34164 |
including interest as an owner, officer, director, employee, | 34165 |
independent contractor, or consultant, but excluding interest as a | 34166 |
lessor. | 34167 |
(ii) The lessor does not reacquire an interest in the | 34168 |
facility except through the exercise of a lessor's rights in the | 34169 |
event of a default. If the lessor reacquires an interest in the | 34170 |
facility in this manner, the department shall treat the facility | 34171 |
as if the lease never occurred when the department calculates its | 34172 |
reimbursement rates for capital costs. | 34173 |
(iii) The lease satisfies any other criteria specified in | 34174 |
the rules. | 34175 |
(d) Except in the case of hardship caused by a catastrophic | 34176 |
event, as determined by the department, or in the case of a lessor | 34177 |
who is at least sixty-five years of age, not less than twenty | 34178 |
years have elapsed since, for the same facility, the capital cost | 34179 |
basis was adjusted most recently under division (B)(5) of this | 34180 |
section or actual, allowable cost of ownership was determined most | 34181 |
recently under division (C)(9) of this section. | 34182 |
(10) This division does not apply to leases of specific | 34183 |
items of equipment. | 34184 |
(D)(1) Subject to division (D)(2) of this section, the | 34185 |
department shall pay each nursing facility an efficiency incentive | 34186 |
that is equal to fifty per cent of the difference between the | 34187 |
following: | 34188 |
(a) Eighty-eight and sixty-five one-hundredths per cent of | 34189 |
the facility's desk-reviewed, actual, allowable, per diem cost of | 34190 |
ownership; | 34191 |
(b) The applicable amount specified in division (E) of this | 34192 |
section. | 34193 |
(2) The efficiency incentive paid to a nursing facility | 34194 |
shall not exceed the greater of the following: | 34195 |
(a) The efficiency incentive the facility was paid during | 34196 |
the fiscal year ending June 30, 1994; | 34197 |
(b) Three dollars per resident per day, adjusted annually | 34198 |
for rates paid beginning July 1, 1994, for the inflation rate for | 34199 |
the twelve-month period beginning on the first day of July of the | 34200 |
calendar year preceding the calendar year that precedes the fiscal | 34201 |
year for which the efficiency incentive is determined and ending | 34202 |
on the thirtieth day of the following June, using the consumer | 34203 |
price index for shelter costs for all urban consumers for the | 34204 |
north central region, as published by the United States bureau of | 34205 |
labor statistics. | 34206 |
(3) For purposes of calculating the efficiency incentive, | 34207 |
depreciation for costs that are paid or reimbursed by any | 34208 |
government agency shall be considered as costs of ownership, and | 34209 |
renovation costs that are paid under division (F) of this section | 34210 |
shall not be considered costs of ownership. | 34211 |
(E) The following amounts shall be used to calculate | 34212 |
efficiency incentives for nursing facilities under this section: | 34213 |
(1) For facilities with dates of licensure prior to January | 34214 |
1, 1958, four dollars and twenty-four cents per patient day; | 34215 |
(2) For facilities with dates of licensure after December | 34216 |
31, 1957, but prior to January 1, 1968: | 34217 |
(a) Five dollars and twenty-four cents per patient day if | 34218 |
the cost of construction was three thousand five hundred dollars | 34219 |
or more per bed; | 34220 |
(b) Four dollars and twenty-four cents per patient day if | 34221 |
the cost of construction was less than three thousand five hundred | 34222 |
dollars per bed. | 34223 |
(3) For facilities with dates of licensure after December | 34224 |
31, 1967, but prior to January 1, 1976: | 34225 |
(a) Six dollars and twenty-four cents per patient day if the | 34226 |
cost of construction was five thousand one hundred fifty dollars | 34227 |
or more per bed; | 34228 |
(b) Five dollars and twenty-four cents per patient day if | 34229 |
the cost of construction was less than five thousand one hundred | 34230 |
fifty dollars per bed, but exceeded three thousand five hundred | 34231 |
dollars per bed; | 34232 |
(c) Four dollars and twenty-four cents per patient day if | 34233 |
the cost of construction was three thousand five hundred dollars | 34234 |
or less per bed. | 34235 |
(4) For facilities with dates of licensure after December | 34236 |
31, 1975, but prior to January 1, 1979: | 34237 |
(a) Seven dollars and twenty-four cents per patient day if | 34238 |
the cost of construction was six thousand eight hundred dollars or | 34239 |
more per bed; | 34240 |
(b) Six dollars and twenty-four cents per patient day if the | 34241 |
cost of construction was less than six thousand eight hundred | 34242 |
dollars per bed but exceeded five thousand one hundred fifty | 34243 |
dollars per bed; | 34244 |
(c) Five dollars and twenty-four cents per patient day if | 34245 |
the cost of construction was five thousand one hundred fifty | 34246 |
dollars or less per bed, but exceeded three thousand five hundred | 34247 |
dollars per bed; | 34248 |
(d) Four dollars and twenty-four cents per patient day if | 34249 |
the cost of construction was three thousand five hundred dollars | 34250 |
or less per bed. | 34251 |
(5) For facilities with dates of licensure after December | 34252 |
31, 1978, but prior to January 1, 1981: | 34253 |
(a) Seven dollars and seventy-four cents per patient day if | 34254 |
the cost of construction was seven thousand six hundred | 34255 |
twenty-five dollars or more per bed; | 34256 |
(b) Seven dollars and twenty-four cents per patient day if | 34257 |
the cost of construction was less than seven thousand six hundred | 34258 |
twenty-five dollars per bed but exceeded six thousand eight | 34259 |
hundred dollars per bed; | 34260 |
(c) Six dollars and twenty-four cents per patient day if the | 34261 |
cost of construction was six thousand eight hundred dollars or | 34262 |
less per bed but exceeded five thousand one hundred fifty dollars | 34263 |
per bed; | 34264 |
(d) Five dollars and twenty-four cents per patient day if | 34265 |
the cost of construction was five thousand one hundred fifty | 34266 |
dollars or less but exceeded three thousand five hundred dollars | 34267 |
per bed; | 34268 |
(e) Four dollars and twenty-four cents per patient day if | 34269 |
the cost of construction was three thousand five hundred dollars | 34270 |
or less per bed. | 34271 |
(6) For facilities with dates of licensure in 1981 or any | 34272 |
year thereafter prior to December 22, 1992, the following amount: | 34273 |
(a) For facilities with construction costs less than seven | 34274 |
thousand six hundred twenty-five dollars per bed, the applicable | 34275 |
amounts for the construction costs specified in divisions | 34276 |
(E)(5)(b) to (e) of this section; | 34277 |
(b) For facilities with construction costs of seven thousand | 34278 |
six hundred twenty-five dollars or more per bed, six dollars per | 34279 |
patient day, provided that for 1981 and annually thereafter prior | 34280 |
to December 22, 1992, department shall do both of the following to | 34281 |
the six-dollar amount: | 34282 |
(i) Adjust the amount for fluctuations in construction costs | 34283 |
calculated by the department using the "Dodge building cost | 34284 |
indexes, northeastern and north central states," published by | 34285 |
Marshall and Swift, using 1980 as the base year; | 34286 |
(ii) Increase the amount, as adjusted for inflation under | 34287 |
division (E)(6)(b)(i) of this section, by one dollar and | 34288 |
seventy-four cents. | 34289 |
(7) For facilities with dates of licensure on or after | 34290 |
January 1, 1992, seven dollars and ninety-seven cents, adjusted | 34291 |
for fluctuations in construction costs between 1991 and 1993 as | 34292 |
calculated by the department using the "Dodge building cost | 34293 |
indexes, northeastern and north central states," published by | 34294 |
Marshall and Swift, and then increased by one dollar and | 34295 |
seventy-four cents. | 34296 |
For the fiscal year that begins July 1, 1994, each of the | 34297 |
amounts listed in divisions (E)(1) to (7) of this section shall be | 34298 |
increased by twenty-five cents. For the fiscal year that begins | 34299 |
July 1, 1995, each of those amounts shall be increased by an | 34300 |
additional twenty-five cents. For subsequent fiscal years, each | 34301 |
of those amounts, as increased for the prior fiscal year, shall be | 34302 |
adjusted to reflect the rate of inflation for the twelve-month | 34303 |
period beginning on the first day of July of the calendar year | 34304 |
preceding the calendar year that precedes the fiscal year and | 34305 |
ending on the following thirtieth day of June, using the consumer | 34306 |
price index for shelter costs for all urban consumers for the | 34307 |
north central region, as published by the United States bureau of | 34308 |
labor statistics. | 34309 |
If the amount established for a nursing facility under this | 34310 |
division is less than the amount that applied to the facility | 34311 |
under division (B) of former section 5111.25 of the Revised Code, | 34312 |
as the former section existed immediately prior to December 22, | 34313 |
1992, the amount used to calculate the efficiency incentive for | 34314 |
the facility under division (D)(2) of this section shall be the | 34315 |
amount that was calculated under division (B) of the former | 34316 |
section. | 34317 |
(F) Beginning July 1, 1993, regardless of the facility's | 34318 |
date of licensure or the date of the nonextensive renovations, the | 34319 |
rate for the costs of nonextensive renovations for nursing | 34320 |
facilities shall be eighty-five per cent of the desk-reviewed, | 34321 |
actual, allowable, per diem, nonextensive renovation costs. This | 34322 |
division applies to nonextensive renovations regardless of whether | 34323 |
they are made by an owner or a lessee. If the tenancy of a lessee | 34324 |
that has made nonextensive renovations ends before the | 34325 |
depreciation expense for the renovation costs has been fully | 34326 |
reported, the former lessee shall not report the undepreciated | 34327 |
balance as an expense. | 34328 |
(1) For a nonextensive renovation made after July 1, 1993, | 34329 |
to qualify for payment under this division, both of the following | 34330 |
conditions must be met: | 34331 |
(a) At least five years have elapsed since the date of | 34332 |
licensure of the portion of the facility that is proposed to be | 34333 |
renovated, except that this condition does not apply if the | 34334 |
renovation is necessary to meet the requirements of federal, | 34335 |
state, or local statutes, ordinances, rules, or policies. | 34336 |
(b) The provider has obtained prior approval from the | 34337 |
department of job and family services, and if required the | 34338 |
director of health has granted a certificate of need for the | 34339 |
renovation under section 3702.52 of the Revised Code. The | 34340 |
provider shall submit a plan that describes in detail the changes | 34341 |
in capital assets to be accomplished by means of the renovation | 34342 |
and the timetable for completing the project. The time for | 34343 |
completion of the project shall be no more than eighteen months | 34344 |
after the renovation begins. The department of job and family | 34345 |
services shall adopt rules in accordance with Chapter 119. of the | 34346 |
Revised Code that specify criteria and procedures for prior | 34347 |
approval of renovation projects. No provider shall separate a | 34348 |
project with the intent to evade the characterization of the | 34349 |
project as a renovation or as an extensive renovation. No | 34350 |
provider shall increase the scope of a project after it is | 34351 |
approved by the department of job and family services unless the | 34352 |
increase in scope is approved by the department. | 34353 |
(2) The payment provided for in this division is the only | 34354 |
payment that shall be made for the costs of a nonextensive | 34355 |
renovation. Nonextensive renovation costs shall not be included | 34356 |
in costs of ownership, and a nonextensive renovation shall not | 34357 |
affect the date of licensure for purposes of calculating the | 34358 |
efficiency incentive under divisions (D) and (E) of this section. | 34359 |
(G) The owner of a nursing facility operating under a | 34360 |
provider agreement shall provide written notice to the department | 34361 |
of job and family services at least forty-five days prior to | 34362 |
entering into any contract of sale for the facility or voluntarily | 34363 |
terminating participation in the medical assistance program. After | 34364 |
the date on which a transaction of sale is closed, the owner shall | 34365 |
refund to the department the amount of excess depreciation paid to | 34366 |
the facility by the department for each year the owner has | 34367 |
operated the facility under a provider agreement and prorated | 34368 |
according to the number of medicaid patient days for which the | 34369 |
facility has received payment. If a nursing facility is sold | 34370 |
after five or fewer years of operation under a provider agreement, | 34371 |
the refund to the department shall be equal to the excess | 34372 |
depreciation paid to the facility. If a nursing facility is sold | 34373 |
after more than five years but less than ten years of operation | 34374 |
under a provider agreement, the refund to the department shall | 34375 |
equal the excess depreciation paid to the facility multiplied by | 34376 |
twenty per cent, multiplied by the difference between ten and the | 34377 |
number of years that the facility was operated under a provider | 34378 |
agreement. If a nursing facility is sold after ten or more years | 34379 |
of operation under a provider agreement, the owner shall not | 34380 |
refund any excess depreciation to the department. The owner of a | 34381 |
facility that is sold or that voluntarily terminates participation | 34382 |
in the medical assistance program also shall refund any other | 34383 |
amount that the department properly finds to be due after the | 34384 |
audit conducted under this division. For the purposes of this | 34385 |
division, "depreciation paid to the facility" means the amount | 34386 |
paid to the nursing facility for cost of ownership pursuant to | 34387 |
this section less any amount paid for interest costs, amortization | 34388 |
of financing costs, and lease expenses. For the purposes of this | 34389 |
division, "excess depreciation" is the nursing facility's | 34390 |
depreciated basis, which is the owner's cost less accumulated | 34391 |
depreciation, subtracted from the purchase price net of selling | 34392 |
costs but not exceeding the amount of depreciation paid to the | 34393 |
facility. | 34394 |
A cost report shall be filed with the department within | 34395 |
ninety days after the date on which the transaction of sale is | 34396 |
closed or participation is voluntarily terminated. The report | 34397 |
shall show the accumulated depreciation, the sales price, and | 34398 |
other information required by the department. The department | 34399 |
shall provide for a bank, trust company, or savings and loan | 34400 |
association to hold in escrow the amount of the last two monthly | 34401 |
payments to a nursing facility made pursuant to division (A)(1) of | 34402 |
section 5111.22 of the Revised Code before a sale or termination | 34403 |
of participation
| 34404 |
34405 | |
fails, within the time required by this division, to notify the | 34406 |
department before entering into a contract of sale for the | 34407 |
facility, the amount of the first two monthly payments made to the | 34408 |
facility after the department learns of the contract, regardless | 34409 |
of whether a new owner is in possession of the facility. If the | 34410 |
amount the owner will be required to refund under this section is | 34411 |
likely to be less than the amount of the
| 34412 |
otherwise put into escrow under this division, the department | 34413 |
shall take one of the following actions instead of withholding the | 34414 |
amount of the
| 34415 |
(1) In the case of an owner that owns other facilities that | 34416 |
participate in the medical assistance program, obtain a promissory | 34417 |
note in an amount sufficient to cover the amount likely to be | 34418 |
refunded; | 34419 |
(2) In the case of all other owners, withhold the amount of | 34420 |
the last monthly payment to the nursing facility or, if the owner | 34421 |
fails, within the time required by this division, to notify the | 34422 |
department before entering into a contract of sale for the | 34423 |
facility, the amount of the first monthly payment made to the | 34424 |
facility after the department learns of the contract, regardless | 34425 |
of whether a new owner is in possession of the facility. | 34426 |
The department shall, within ninety days following the filing | 34427 |
of the cost report, audit the cost report and issue an audit | 34428 |
report to the owner. The department also may audit any other cost | 34429 |
report that the facility has filed during the previous three | 34430 |
years. In the audit report, the department shall state its | 34431 |
findings and the amount of any money owed to the department by the | 34432 |
nursing facility. The findings shall be subject to adjudication | 34433 |
conducted in accordance with Chapter 119. of the Revised Code. No | 34434 |
later than fifteen days after the owner agrees to a settlement, | 34435 |
any funds held in escrow less any amounts due to the department | 34436 |
shall be released to the owner and amounts due to the department | 34437 |
shall be paid to the department. If the amounts in escrow are | 34438 |
less than the amounts due to the department, the balance shall be | 34439 |
paid to the department within fifteen days after the owner agrees | 34440 |
to a settlement. If the department does not issue its audit | 34441 |
report within the ninety-day period, the department shall release | 34442 |
any money held in escrow to the owner. For the purposes of this | 34443 |
section, a transfer of corporate stock, the merger of one | 34444 |
corporation into another, or a consolidation does not constitute a | 34445 |
sale. | 34446 |
If a nursing facility is not sold or its participation is not | 34447 |
terminated after notice is provided to the department under this | 34448 |
division, the department shall order any payments held in escrow | 34449 |
released to the facility upon receiving written notice from the | 34450 |
owner that there will be no sale or termination. After written | 34451 |
notice is received from a nursing facility that a sale or | 34452 |
termination will not take place, the facility shall provide notice | 34453 |
to the department at least forty-five days prior to entering into | 34454 |
any contract of sale or terminating participation at any future | 34455 |
time. | 34456 |
(H) The department shall pay each eligible proprietary | 34457 |
nursing facility a return on the facility's net equity computed at | 34458 |
the rate of one and one-half times the average interest rate on | 34459 |
special issues of public debt obligations issued to the federal | 34460 |
hospital insurance trust fund for the cost reporting period, | 34461 |
except that no facility's return on net equity shall
exceed
| 34462 |
34463 |
When calculating the rate for return on net equity, the | 34464 |
department shall use the greater of the facility's inpatient days | 34465 |
during the applicable cost reporting period or the number of | 34466 |
inpatient days the facility would have had during that period if | 34467 |
its occupancy rate had been ninety-five per cent. | 34468 |
(I) If a nursing facility would receive a lower rate for | 34469 |
capital costs for assets in the facility's possession on July 1, | 34470 |
1993, under this section than it would receive under former | 34471 |
section 5111.25 of the Revised Code, as the former section existed | 34472 |
immediately prior to December 22, 1992, the facility shall receive | 34473 |
for those assets the rate it would have received under the former | 34474 |
section for each fiscal year beginning on or after July 1, 1993, | 34475 |
until the rate it would receive under this section exceeds the | 34476 |
rate it would have received under the former section. Any | 34477 |
facility that receives a rate calculated under the former section | 34478 |
5111.25 of the Revised Code for assets in the facility's | 34479 |
possession on July 1, 1993, also shall receive a rate calculated | 34480 |
under this section for costs of any assets it constructs or | 34481 |
acquires after July 1, 1993. | 34482 |
Sec. 5111.251. (A) The department of job and family | 34483 |
services shall pay each eligible intermediate care facility for | 34484 |
the mentally retarded for its reasonable capital costs, a per | 34485 |
resident per day rate established prospectively each fiscal year | 34486 |
for each intermediate care facility for the mentally retarded. | 34487 |
Except as otherwise provided in sections 5111.20 to 5111.32 of the | 34488 |
Revised Code, the rate shall be based on the facility's capital | 34489 |
costs for the calendar year preceding the fiscal year in which the | 34490 |
rate will be paid. The rate shall equal the sum of the following: | 34491 |
(1) The facility's desk-reviewed, actual, allowable, per | 34492 |
diem cost of ownership for the preceding cost reporting period, | 34493 |
limited as provided in divisions (C) and (F) of this section; | 34494 |
(2) Any efficiency incentive determined under division (B) | 34495 |
of this section; | 34496 |
(3) Any amounts for renovations determined under division | 34497 |
(D) of this section; | 34498 |
(4) Any amounts for return on equity determined under | 34499 |
division (I) of this section. | 34500 |
Buildings shall be depreciated using the straight line method | 34501 |
over forty years or over a different period approved by the | 34502 |
department. Components and equipment shall be depreciated using | 34503 |
the straight line method over a period designated by the director | 34504 |
of job and family services in rules adopted in accordance with | 34505 |
Chapter 119. of the Revised Code, consistent with the guidelines | 34506 |
of the American hospital association, or over a different period | 34507 |
approved by the department of job and family services. Any rules | 34508 |
adopted under this division that specify useful lives of | 34509 |
buildings, components, or equipment apply only to assets acquired | 34510 |
on or after July 1, 1993. Depreciation for costs paid or | 34511 |
reimbursed by any government agency shall not be included in costs | 34512 |
of ownership or renovation unless that part of the payment under | 34513 |
sections 5111.20 to 5111.32 of the Revised Code is used to | 34514 |
reimburse the government agency. | 34515 |
(B) The department of job and family services shall pay to | 34516 |
each intermediate care facility for the mentally retarded an | 34517 |
efficiency incentive equal to fifty per cent of the difference | 34518 |
between any desk-reviewed, actual, allowable cost of ownership and | 34519 |
the applicable limit on cost of ownership payments under division | 34520 |
(C) of this section. For purposes of computing the efficiency | 34521 |
incentive, depreciation for costs paid or reimbursed by any | 34522 |
government agency shall be considered as a cost of ownership, and | 34523 |
the applicable limit under division (C) of this section shall | 34524 |
apply both to facilities with more than eight beds and facilities | 34525 |
with eight or fewer beds. The efficiency incentive paid to a | 34526 |
facility with eight or fewer beds shall not exceed three dollars | 34527 |
per patient day, adjusted annually for the inflation rate for the | 34528 |
twelve-month period beginning on the first day of July of the | 34529 |
calendar year preceding the calendar year that precedes the fiscal | 34530 |
year for which the efficiency incentive is determined and ending | 34531 |
on the thirtieth day of the following June, using the consumer | 34532 |
price index for shelter costs for all urban consumers for the | 34533 |
north central region, as published by the United States bureau of | 34534 |
labor statistics. | 34535 |
(C) Cost of ownership payments to intermediate care | 34536 |
facilities for the mentally retarded with more than eight beds | 34537 |
shall not exceed the following limits: | 34538 |
(1) For facilities with dates of licensure prior to January | 34539 |
1, l958, not exceeding two dollars and fifty cents per patient | 34540 |
day; | 34541 |
(2) For facilities with dates of licensure after December | 34542 |
31, l957, but prior to January 1, l968, not exceeding: | 34543 |
(a) Three dollars and fifty cents per patient day if the | 34544 |
cost of construction was three thousand five hundred dollars or | 34545 |
more per bed; | 34546 |
(b) Two dollars and fifty cents per patient day if the cost | 34547 |
of construction was less than three thousand five hundred dollars | 34548 |
per bed. | 34549 |
(3) For facilities with dates of licensure after December | 34550 |
31, l967, but prior to January 1, l976, not exceeding: | 34551 |
(a) Four dollars and fifty cents per patient day if the cost | 34552 |
of construction was five thousand one hundred fifty dollars or | 34553 |
more per bed; | 34554 |
(b) Three dollars and fifty cents per patient day if the | 34555 |
cost of construction was less than five thousand one hundred fifty | 34556 |
dollars per bed, but exceeds three thousand five hundred dollars | 34557 |
per bed; | 34558 |
(c) Two dollars and fifty cents per patient day if the cost | 34559 |
of construction was three thousand five hundred dollars or less | 34560 |
per bed. | 34561 |
(4) For facilities with dates of licensure after December | 34562 |
31, l975, but prior to January 1, l979, not exceeding: | 34563 |
(a) Five dollars and fifty cents per patient day if the cost | 34564 |
of construction was six thousand eight hundred dollars or more per | 34565 |
bed; | 34566 |
(b) Four dollars and fifty cents per patient day if the cost | 34567 |
of construction was less than six thousand eight hundred dollars | 34568 |
per bed but exceeds five thousand one hundred fifty dollars per | 34569 |
bed; | 34570 |
(c) Three dollars and fifty cents per patient day if the | 34571 |
cost of construction was five thousand one hundred fifty dollars | 34572 |
or less per bed, but exceeds three thousand five hundred dollars | 34573 |
per bed; | 34574 |
(d) Two dollars and fifty cents per patient day if the cost | 34575 |
of construction was three thousand five hundred dollars or less | 34576 |
per bed. | 34577 |
(5) For facilities with dates of licensure after December | 34578 |
31, l978, but prior to January 1, l980, not exceeding: | 34579 |
(a) Six dollars per patient day if the cost of construction | 34580 |
was seven thousand six hundred twenty-five dollars or more per | 34581 |
bed; | 34582 |
(b) Five dollars and fifty cents per patient day if the cost | 34583 |
of construction was less than seven thousand six hundred | 34584 |
twenty-five dollars per bed but exceeds six thousand eight hundred | 34585 |
dollars per bed; | 34586 |
(c) Four dollars and fifty cents per patient day if the cost | 34587 |
of construction was six thousand eight hundred dollars or less per | 34588 |
bed but exceeds five thousand one hundred fifty dollars per bed; | 34589 |
(d) Three dollars and fifty cents per patient day if the | 34590 |
cost of construction was five thousand one hundred fifty dollars | 34591 |
or less but exceeds three thousand five hundred dollars per bed; | 34592 |
(e) Two dollars and fifty cents per patient day if the cost | 34593 |
of construction was three thousand five hundred dollars or less | 34594 |
per bed. | 34595 |
(6) For facilities with dates of licensure after December | 34596 |
31, 1979, but prior to January 1, 1981, not exceeding: | 34597 |
(a) Twelve dollars per patient day if the beds were | 34598 |
originally licensed as residential facility beds by the department | 34599 |
of mental retardation and developmental disabilities; | 34600 |
(b) Six dollars per patient day if the beds were originally | 34601 |
licensed as nursing home beds by the department of health. | 34602 |
(7) For facilities with dates of licensure after December | 34603 |
31, 1980, but prior to January 1, 1982, not exceeding: | 34604 |
(a) Twelve dollars per patient day if the beds were | 34605 |
originally licensed as residential facility beds by the department | 34606 |
of mental retardation and developmental disabilities; | 34607 |
(b) Six dollars and forty-five cents per patient day if the | 34608 |
beds were originally licensed as nursing home beds by the | 34609 |
department of health. | 34610 |
(8) For facilities with dates of licensure after December | 34611 |
31, 1981, but prior to January 1, 1983, not exceeding: | 34612 |
(a) Twelve dollars per patient day if the beds were | 34613 |
originally licensed as residential facility beds by the department | 34614 |
of mental retardation and developmental disabilities; | 34615 |
(b) Six dollars and seventy-nine cents per patient day if | 34616 |
the beds were originally licensed as nursing home beds by the | 34617 |
department of health. | 34618 |
(9) For facilities with dates of licensure after December | 34619 |
31, 1982, but prior to January 1, 1984, not exceeding: | 34620 |
(a) Twelve dollars per patient day if the beds were | 34621 |
originally licensed as residential facility beds by the department | 34622 |
of mental retardation and developmental disabilities; | 34623 |
(b) Seven dollars and nine cents per patient day if the beds | 34624 |
were originally licensed as nursing home beds by the department of | 34625 |
health. | 34626 |
(10) For facilities with dates of licensure after December | 34627 |
31, 1983, but prior to January 1, 1985, not exceeding: | 34628 |
(a) Twelve dollars and twenty-four cents per patient day if | 34629 |
the beds were originally licensed as residential facility beds by | 34630 |
the department of mental retardation and developmental | 34631 |
disabilities; | 34632 |
(b) Seven dollars and twenty-three cents per patient day if | 34633 |
the beds were originally licensed as nursing home beds by the | 34634 |
department of health. | 34635 |
(11) For facilities with dates of licensure after December | 34636 |
31, 1984, but prior to January 1, 1986, not exceeding: | 34637 |
(a) Twelve dollars and fifty-three cents per patient day if | 34638 |
the beds were originally licensed as residential facility beds by | 34639 |
the department of mental retardation and developmental | 34640 |
disabilities; | 34641 |
(b) Seven dollars and forty cents per patient day if the | 34642 |
beds were originally licensed as nursing home beds by the | 34643 |
department of health. | 34644 |
(12) For facilities with dates of licensure after December | 34645 |
31, 1985, but prior to January 1, 1987, not exceeding: | 34646 |
(a) Twelve dollars and seventy cents per patient day if the | 34647 |
beds were originally licensed as residential facility beds by the | 34648 |
department of mental retardation and developmental disabilities; | 34649 |
(b) Seven dollars and fifty cents per patient day if the | 34650 |
beds were originally licensed as nursing home beds by the | 34651 |
department of health. | 34652 |
(13) For facilities with dates of licensure after December | 34653 |
31, 1986, but prior to January 1, 1988, not exceeding: | 34654 |
(a) Twelve dollars and ninety-nine cents per patient day if | 34655 |
the beds were originally licensed as residential facility beds by | 34656 |
the department of mental retardation and developmental | 34657 |
disabilities; | 34658 |
(b) Seven dollars and sixty-seven cents per patient day if | 34659 |
the beds were originally licensed as nursing home beds by the | 34660 |
department of health. | 34661 |
(14) For facilities with dates of licensure after December | 34662 |
31, 1987, but prior to January 1, 1989, not exceeding thirteen | 34663 |
dollars and twenty-six cents per patient day; | 34664 |
(15) For facilities with dates of licensure after December | 34665 |
31, 1988, but prior to January 1, 1990, not exceeding thirteen | 34666 |
dollars and forty-six cents per patient day; | 34667 |
(16) For facilities with dates of licensure after December | 34668 |
31, 1989, but prior to January 1, 1991, not exceeding thirteen | 34669 |
dollars and sixty cents per patient day; | 34670 |
(17) For facilities with dates of licensure after December | 34671 |
31, 1990, but prior to January 1, 1992, not exceeding thirteen | 34672 |
dollars and forty-nine cents per patient day; | 34673 |
(18) For facilities with dates of licensure after December | 34674 |
31, 1991, but prior to January 1, 1993, not exceeding thirteen | 34675 |
dollars and sixty-seven cents per patient day; | 34676 |
(19) For facilities with dates of licensure after December | 34677 |
31, 1992, not exceeding fourteen dollars and twenty-eight cents | 34678 |
per patient day. | 34679 |
(D) Beginning January 1, 1981, regardless of the original | 34680 |
date of licensure, the department of job and family services shall | 34681 |
pay a rate for the per diem capitalized costs of renovations to | 34682 |
intermediate care facilities for the mentally retarded made after | 34683 |
January 1, l981, not exceeding six dollars per patient day using | 34684 |
1980 as the base year and adjusting the amount annually until June | 34685 |
30, 1993, for fluctuations in construction costs calculated by the | 34686 |
department using the "Dodge building cost indexes, northeastern | 34687 |
and north central states," published by Marshall and Swift. The | 34688 |
payment provided for in this division is the only payment that | 34689 |
shall be made for the capitalized costs of a nonextensive | 34690 |
renovation of an intermediate care facility for the mentally | 34691 |
retarded. Nonextensive renovation costs shall not be included in | 34692 |
cost of ownership, and a nonextensive renovation shall not affect | 34693 |
the date of licensure for purposes of division (C) of this | 34694 |
section. This division applies to nonextensive renovations | 34695 |
regardless of whether they are made by an owner or a lessee. If | 34696 |
the tenancy of a lessee that has made renovations ends before the | 34697 |
depreciation expense for the renovation costs has been fully | 34698 |
reported, the former lessee shall not report the undepreciated | 34699 |
balance as an expense. | 34700 |
For a nonextensive renovation to qualify for payment under | 34701 |
this division, both of the following conditions must be met: | 34702 |
(1) At least five years have elapsed since the date of | 34703 |
licensure or date of an extensive renovation of the portion of the | 34704 |
facility that is proposed to be renovated, except that this | 34705 |
condition does not apply if the renovation is necessary to meet | 34706 |
the requirements of federal, state, or local statutes, ordinances, | 34707 |
rules, or policies. | 34708 |
(2) The provider has obtained prior approval from the | 34709 |
department of job and family services. The provider shall submit | 34710 |
a plan that describes in detail the changes in capital assets to | 34711 |
be accomplished by means of the renovation and the timetable for | 34712 |
completing the project. The time for completion of the project | 34713 |
shall be no more than eighteen months after the renovation begins. | 34714 |
The director of job and family services shall adopt rules in | 34715 |
accordance with Chapter 119. of the Revised Code that specify | 34716 |
criteria and procedures for prior approval of renovation projects. | 34717 |
No provider shall separate a project with the intent to evade the | 34718 |
characterization of the project as a renovation or as an extensive | 34719 |
renovation. No provider shall increase the scope of a project | 34720 |
after it is approved by the department of job and family services | 34721 |
unless the increase in scope is approved by the department. | 34722 |
(E) The amounts specified in divisions (C) and (D) of this | 34723 |
section shall be adjusted beginning July 1, 1993, for the | 34724 |
estimated inflation for the twelve-month period beginning on the | 34725 |
first day of July of the calendar year preceding the calendar year | 34726 |
that precedes the fiscal year for which rate will be paid and | 34727 |
ending on the thirtieth day of the following June, using the | 34728 |
consumer price index for shelter costs for all urban consumers for | 34729 |
the north central region, as published by the United States bureau | 34730 |
of labor statistics. | 34731 |
(F)(1) For facilities of eight or fewer beds that have dates | 34732 |
of licensure or have been granted project authorization by the | 34733 |
department of mental retardation and developmental disabilities | 34734 |
before July 1, 1993, and for facilities of eight or fewer beds | 34735 |
that have dates of licensure or have been granted project | 34736 |
authorization after that date if the facilities demonstrate that | 34737 |
they made substantial commitments of funds on or before that date, | 34738 |
cost of ownership shall not exceed eighteen dollars and thirty | 34739 |
cents per resident per day. The eighteen-dollar and thirty-cent | 34740 |
amount shall be increased by the change in the "Dodge building | 34741 |
cost indexes, northeastern and north central states," published by | 34742 |
Marshall and Swift, during the period beginning June 30, 1990, and | 34743 |
ending July 1, 1993, and by the change in the consumer price index | 34744 |
for shelter costs for all urban consumers for the north central | 34745 |
region, as published by the United States bureau of labor | 34746 |
statistics, annually thereafter. | 34747 |
(2) For facilities with eight or fewer beds that have dates | 34748 |
of licensure or have been granted project authorization by the | 34749 |
department of mental retardation and developmental disabilities on | 34750 |
or after July 1, 1993, for which substantial commitments of funds | 34751 |
were not made before that date, cost of ownership payments shall | 34752 |
not exceed the applicable amount calculated under division (F)(1) | 34753 |
of this section, if the department of job and family services | 34754 |
gives prior approval for construction of the facility. If the | 34755 |
department does not give prior approval, cost of ownership | 34756 |
payments shall not exceed the amount specified in division (C) of | 34757 |
this section. | 34758 |
(3) Notwithstanding divisions (D) and (F)(1) and (2) of this | 34759 |
section, the total payment for cost of ownership, cost of | 34760 |
ownership efficiency incentive, and capitalized costs of | 34761 |
renovations for an intermediate care facility for the mentally | 34762 |
retarded with eight or fewer beds shall not exceed the sum of the | 34763 |
limitations specified in divisions (C) and (D) of this section. | 34764 |
(G) Notwithstanding any provision of this section or section | 34765 |
5111.24 of the Revised Code, the director of job and family | 34766 |
services may adopt rules in accordance with Chapter 119. of the | 34767 |
Revised Code that provide for a calculation of a combined maximum | 34768 |
payment limit for indirect care costs and cost of ownership for | 34769 |
intermediate care facilities for the mentally retarded with eight | 34770 |
or fewer beds. | 34771 |
(H) After June 30, 1980, the owner of an intermediate care | 34772 |
facility for the mentally retarded operating under a provider | 34773 |
agreement shall provide written notice to the department of job | 34774 |
and family services at least forty-five days prior to entering | 34775 |
into any contract of sale for the facility or voluntarily | 34776 |
terminating participation in the medical assistance program. After | 34777 |
the date on which a transaction of sale is closed, the owner shall | 34778 |
refund to the department the amount of excess depreciation paid to | 34779 |
the facility by the department for each year the owner has | 34780 |
operated the facility under a provider agreement and prorated | 34781 |
according to the number of medicaid patient days for which the | 34782 |
facility has received payment. If an intermediate care facility | 34783 |
for the mentally retarded is sold after five or fewer years of | 34784 |
operation under a provider agreement, the refund to the department | 34785 |
shall be equal to the excess depreciation paid to the facility. If | 34786 |
an intermediate care facility for the mentally retarded is sold | 34787 |
after more than five years but less than ten years of operation | 34788 |
under a provider agreement, the refund to the department shall | 34789 |
equal the excess depreciation paid to the facility multiplied by | 34790 |
twenty per cent, multiplied by the number of years less than ten | 34791 |
that a facility was operated under a provider agreement. If an | 34792 |
intermediate care facility for the mentally retarded is sold after | 34793 |
ten or more years of operation under a provider agreement, the | 34794 |
owner shall not refund any excess depreciation to the department. | 34795 |
For the purposes of this division, "depreciation paid to the | 34796 |
facility" means the amount paid to the intermediate care facility | 34797 |
for the mentally retarded for cost of ownership pursuant to this | 34798 |
section less any amount paid for interest costs. For the purposes | 34799 |
of this division, "excess depreciation" is the intermediate care | 34800 |
facility for the mentally retarded's depreciated basis, which is | 34801 |
the owner's cost less accumulated depreciation, subtracted from | 34802 |
the purchase price but not exceeding the amount of depreciation | 34803 |
paid to the facility. | 34804 |
A cost report shall be filed with the department within | 34805 |
ninety days after the date on which the transaction of sale is | 34806 |
closed or participation is voluntarily terminated for an | 34807 |
intermediate care facility for the mentally retarded subject to | 34808 |
this division. The report shall show the accumulated | 34809 |
depreciation, the sales price, and other information required by | 34810 |
the department. The department shall provide for a bank, trust | 34811 |
company, or savings and loan association to hold in escrow the | 34812 |
amount of the last two monthly payments to an intermediate care | 34813 |
facility for the mentally retarded made pursuant to division | 34814 |
(A)(1) of section 5111.22 of the Revised Code before a sale or | 34815 |
voluntary termination of participation
| 34816 |
34817 | |
34818 | |
division, to notify the department before entering into a contract | 34819 |
of sale for the facility, the amount of the first two monthly | 34820 |
payments made to the facility after the department learns of the | 34821 |
contract, regardless of whether a new owner is in possession of | 34822 |
the facility. If the amount the owner will be required to refund | 34823 |
under this section is likely to be less than the amount of the | 34824 |
| 34825 |
division, the department shall take one of the following actions | 34826 |
instead of withholding the
amount of the
| 34827 |
payments: | 34828 |
(1) In the case of an owner that owns other facilities that | 34829 |
participate in the medical assistance program, obtain a promissory | 34830 |
note in an amount sufficient to cover the amount likely to be | 34831 |
refunded; | 34832 |
(2) In the case of all other owners, withhold the amount of | 34833 |
the last monthly payment to the intermediate care facility for the | 34834 |
mentally retarded or, if the owner fails, within the time required | 34835 |
by this division, to notify the department before entering into a | 34836 |
contract of sale for the facility, the amount of the first monthly | 34837 |
payment made to the facility after the department learns of the | 34838 |
contract, regardless of whether a new owner is in possession of | 34839 |
the facility. | 34840 |
The department shall, within ninety days following the filing | 34841 |
of the cost report, audit the report and issue an audit report to | 34842 |
the owner. The department also may audit any other cost reports | 34843 |
for the facility that have been filed during the previous three | 34844 |
years. In the audit report, the department shall state its | 34845 |
findings and the amount of any money owed to the department by the | 34846 |
intermediate care facility for the mentally retarded. The | 34847 |
findings shall be subject to an adjudication conducted in | 34848 |
accordance with Chapter 119. of the Revised Code. No later than | 34849 |
fifteen days after the owner agrees to a settlement, any funds | 34850 |
held in escrow less any amounts due to the department shall be | 34851 |
released to the owner and amounts due to the department shall be | 34852 |
paid to the department. If the amounts in escrow are less than | 34853 |
the amounts due to the department, the balance shall be paid to | 34854 |
the department within fifteen days after the owner agrees to a | 34855 |
settlement. If the department does not issue its audit report | 34856 |
within the ninety-day period, the department shall release any | 34857 |
money held in escrow to the owner. For the purposes of this | 34858 |
section, a transfer of corporate stock, the merger of one | 34859 |
corporation into another, or a consolidation does not constitute a | 34860 |
sale. | 34861 |
If an intermediate care facility for the mentally retarded is | 34862 |
not sold or its participation is not terminated after notice is | 34863 |
provided to the department under this division, the department | 34864 |
shall order any payments held in escrow released to the facility | 34865 |
upon receiving written notice from the owner that there will be no | 34866 |
sale or termination of participation. After written notice is | 34867 |
received from an intermediate care facility for the mentally | 34868 |
retarded that a sale or termination of participation will not take | 34869 |
place, the facility shall provide notice to the department at | 34870 |
least forty-five days prior to entering into any contract of sale | 34871 |
or terminating participation at any future time. | 34872 |
(I) The department of job and family services shall pay each | 34873 |
eligible proprietary intermediate care facility for the mentally | 34874 |
retarded a return on the facility's net equity computed at the | 34875 |
rate of one and one-half times the average of interest rates on | 34876 |
special issues of public debt obligations issued to the federal | 34877 |
hospital insurance trust fund for the cost reporting period. No | 34878 |
facility's return on net equity paid under this division shall | 34879 |
exceed one dollar per patient day. | 34880 |
In calculating the rate for return on net equity, the | 34881 |
department shall use the greater of the facility's inpatient days | 34882 |
during the applicable cost reporting period or the number of | 34883 |
inpatient days the facility would have had during that period if | 34884 |
its occupancy rate had been ninety-five per cent. | 34885 |
(J)(1) Except as provided in division (J)(2) of this | 34886 |
section, if a provider leases or transfers an interest in a | 34887 |
facility to another provider who is a related party, the related | 34888 |
party's allowable cost of ownership shall include the lesser of | 34889 |
the following: | 34890 |
(a) The annual lease expense or actual cost of ownership, | 34891 |
whichever is applicable; | 34892 |
(b) The reasonable cost to the lessor or provider making the | 34893 |
transfer. | 34894 |
(2) If a provider leases or transfers an interest in a | 34895 |
facility to another provider who is a related party, regardless of | 34896 |
the date of the lease or transfer, the related party's allowable | 34897 |
cost of ownership shall include the annual lease expense or actual | 34898 |
cost of ownership, whichever is applicable, subject to the | 34899 |
limitations specified in divisions (B) to (I) of this section, if | 34900 |
all of the following conditions are met: | 34901 |
(a) The related party is a relative of owner; | 34902 |
(b) In the case of a lease, if the lessor retains any | 34903 |
ownership interest, it is, except as provided in division | 34904 |
(J)(2)(d)(ii) of this section, in only the real property and any | 34905 |
improvements on the real property; | 34906 |
(c) In the case of a transfer, the provider making the | 34907 |
transfer retains, except as provided in division (J)(2)(d)(iv) of | 34908 |
this section, no ownership interest in the facility; | 34909 |
(d) The department of job and family services determines | 34910 |
that the lease or transfer is an arm's length transaction pursuant | 34911 |
to rules the department shall adopt in accordance with Chapter | 34912 |
119. of the Revised Code no later than December 31, 2000. The | 34913 |
rules shall provide that a lease or transfer is an arm's length | 34914 |
transaction if all of the following, as applicable, apply: | 34915 |
(i) In the case of a lease, once the lease goes into effect, | 34916 |
the lessor has no direct or indirect interest in the lessee or, | 34917 |
except as provided in division (J)(2)(b) of this section, the | 34918 |
facility itself, including interest as an owner, officer, | 34919 |
director, employee, independent contractor, or consultant, but | 34920 |
excluding interest as a lessor. | 34921 |
(ii) In the case of a lease, the lessor does not reacquire | 34922 |
an interest in the facility except through the exercise of a | 34923 |
lessor's rights in the event of a default. If the lessor | 34924 |
reacquires an interest in the facility in this manner, the | 34925 |
department shall treat the facility as if the lease never occurred | 34926 |
when the department calculates its reimbursement rates for capital | 34927 |
costs. | 34928 |
(iii) In the case of a transfer, once the transfer goes into | 34929 |
effect, the provider that made the transfer has no direct or | 34930 |
indirect interest in the provider that acquires the facility or | 34931 |
the facility itself, including interest as an owner, officer, | 34932 |
director, employee, independent contractor, or consultant, but | 34933 |
excluding interest as a creditor. | 34934 |
(iv) In the case of a transfer, the provider that made the | 34935 |
transfer does not reacquire an interest in the facility except | 34936 |
through the exercise of a creditor's rights in the event of a | 34937 |
default. If the provider reacquires an interest in the facility | 34938 |
in this manner, the department shall treat the facility as if the | 34939 |
transfer never occurred when the department calculates its | 34940 |
reimbursement rates for capital costs. | 34941 |
(v) The lease or transfer satisfies any other criteria | 34942 |
specified in the rules. | 34943 |
(e) Except in the case of hardship caused by a catastrophic | 34944 |
event, as determined by the department, or in the case of a lessor | 34945 |
or provider making the transfer who is at least sixty-five years | 34946 |
of age, not less than twenty years have elapsed since, for the | 34947 |
same facility, allowable cost of ownership was determined most | 34948 |
recently under this division. | 34949 |
Sec. 5111.262.
| 34950 |
2000 and thereafter, costs reported in nursing facilities' cost | 34951 |
reports for purchased nursing services shall be allowable direct | 34952 |
care costs up to
| 34953 |
| 34954 |
34955 | |
34956 | |
34957 | |
34958 | |
34959 |
| 34960 |
34961 | |
34962 | |
34963 | |
34964 | |
34965 |
| 34966 |
34967 | |
facility's costs specified in the cost report for services | 34968 |
provided that year by registered nurses, licensed practical | 34969 |
nurses, and nurse aides who are employees of the facility, plus | 34970 |
one-half of the amount by which the reported costs for purchased | 34971 |
nursing services exceed that percentage. | 34972 |
Sec. 5111.28. (A) If a provider properly amends its cost | 34973 |
report under section 5111.27 of the Revised Code and the amended | 34974 |
report shows that the provider received a lower rate under the | 34975 |
original cost report than it was entitled to receive, the | 34976 |
department shall adjust the provider's rate prospectively to | 34977 |
reflect the corrected information. The department shall pay the | 34978 |
adjusted rate beginning two months after the first day of the | 34979 |
month after the provider files the amended cost report. If the | 34980 |
department finds, from an exception review of resident assessment | 34981 |
information conducted after the effective date of the rate for | 34982 |
direct care costs that is based on the assessment information, | 34983 |
that inaccurate assessment information resulted in the provider | 34984 |
receiving a lower rate than it was entitled to receive, the | 34985 |
department prospectively shall adjust the provider's rate | 34986 |
accordingly and shall make payments using the adjusted rate for | 34987 |
the remainder of the calendar quarter for which the assessment | 34988 |
information is used to determine the rate, beginning one month | 34989 |
after the first day of the month after the exception review is | 34990 |
completed. | 34991 |
(B) If the provider properly amends its cost report under | 34992 |
section 5111.27 of the Revised Code, the department makes a | 34993 |
finding based on an audit under that section, or the department | 34994 |
makes a finding based on an exception review of resident | 34995 |
assessment information conducted under that section after the | 34996 |
effective date of the rate for direct care costs that is based on | 34997 |
the assessment information, any of which results in a | 34998 |
determination that the provider has received a higher rate than it | 34999 |
was entitled to receive, the department shall recalculate the | 35000 |
provider's rate using the revised information. The department | 35001 |
shall apply the recalculated rate to the periods when the provider | 35002 |
received the incorrect rate to determine the amount of the | 35003 |
overpayment. The provider shall refund the amount of the | 35004 |
overpayment. | 35005 |
In addition to requiring a refund under this division, the | 35006 |
department may charge the provider interest at the applicable rate | 35007 |
specified in this division from the time the overpayment was made. | 35008 |
(1) If the overpayment resulted from costs reported for | 35009 |
calendar year 1993, the interest shall be no greater than one and | 35010 |
one-half times the average bank prime rate. | 35011 |
(2) If the overpayment resulted from costs reported for | 35012 |
subsequent calendar years: | 35013 |
(a) The interest shall be no greater than two times the | 35014 |
average bank prime rate if the overpayment was equal to or less | 35015 |
than one per cent of the total medicaid payments to the provider | 35016 |
for the fiscal year for which the incorrect information was used | 35017 |
to establish a rate. | 35018 |
(b) The interest shall be no greater than two and one-half | 35019 |
times the current average bank prime rate if the overpayment was | 35020 |
greater than one per cent of the total medicaid payments to the | 35021 |
provider for the fiscal year for which the incorrect information | 35022 |
was used to establish a rate. | 35023 |
| 35024 |
35025 | |
35026 | |
35027 | |
35028 | |
35029 | |
35030 | |
35031 |
(C) The department also may impose the following penalties: | 35032 |
(1) If a provider does not furnish invoices or other | 35033 |
documentation that the department requests during an audit within | 35034 |
sixty days after the request, no more than the greater of one | 35035 |
thousand dollars per audit or twenty-five per cent of the | 35036 |
cumulative amount by which the costs for which documentation was | 35037 |
not furnished increased the total medicaid payments to the | 35038 |
provider during the fiscal year for which the costs were used to | 35039 |
establish a rate; | 35040 |
(2) If an owner fails to provide notice of sale of the | 35041 |
facility or voluntary termination of participation in the medical | 35042 |
assistance program, as required by section 5111.25 or 5111.251 of | 35043 |
the Revised
Code,
no more than
| 35044 |
rate plus four per cent of the last two monthly payments. | 35045 |
(D) If the provider continues to participate in the medical | 35046 |
assistance program, the department shall deduct any amount that | 35047 |
the provider is required to refund under this section, and the | 35048 |
amount of any interest charged or penalty imposed under this | 35049 |
section, from the next available payment from the department to | 35050 |
the provider. The department and the provider may enter into an | 35051 |
agreement under which the amount, together with interest, is | 35052 |
deducted in installments from payments from the department to the | 35053 |
provider. | 35054 |
(E) The department shall transmit refunds and penalties to | 35055 |
the treasurer of state for deposit in the general revenue fund. | 35056 |
(F) For the purpose of this section, the department shall | 35057 |
determine the average bank prime rate using statistical release | 35058 |
H.15, "selected interest rates," a weekly publication of the | 35059 |
federal reserve board, or any successor publication. If | 35060 |
statistical release H.15, or its successor, ceases to contain the | 35061 |
bank prime rate information or ceases to be published, the | 35062 |
department shall request a written statement of the average bank | 35063 |
prime rate from the federal reserve bank of Cleveland or the | 35064 |
federal reserve board. | 35065 |
Sec. 5111.29. (A) The director of job and family services | 35066 |
shall adopt rules in accordance with Chapter 119. of the Revised | 35067 |
Code that establish a process under which a nursing facility or | 35068 |
intermediate care facility for the mentally retarded, or a group | 35069 |
or association of facilities, may seek reconsideration of rates | 35070 |
established under sections 5111.23 to 5111.28 of the Revised Code, | 35071 |
including a rate for direct care costs recalculated before the | 35072 |
effective date of the rate as a result of an exception review of | 35073 |
resident assessment information conducted under section 5111.27 of | 35074 |
the Revised Code. | 35075 |
(1) Except as provided in divisions (A)(2) to (4) of this | 35076 |
section, the only issue that a facility, group, or association may | 35077 |
raise in the rate reconsideration shall be whether the rate was | 35078 |
calculated in accordance with sections 5111.23 to 5111.28 of the | 35079 |
Revised Code and the rules adopted under those sections. The | 35080 |
rules shall permit a facility, group, or association to submit | 35081 |
written arguments or other materials that support its position. | 35082 |
The rules shall specify time frames within which the facility, | 35083 |
group, or association and the department must act. If the | 35084 |
department determines, as a result of the rate reconsideration, | 35085 |
that the rate established for one or more facilities is less than | 35086 |
the rate to which it is entitled, the department shall increase | 35087 |
the rate. If the department has paid the incorrect rate for a | 35088 |
period of time, the department shall pay the facility the | 35089 |
difference between the amount it was paid for that period and the | 35090 |
amount it should have been paid. | 35091 |
(2) The rules shall provide that during a fiscal year, the | 35092 |
department, by means of the rate reconsideration process, may | 35093 |
increase a facility's rate as calculated under sections 5111.23 to | 35094 |
5111.28 of the Revised Code if the facility demonstrates that its | 35095 |
actual, allowable costs have increased because of extreme | 35096 |
circumstances. A facility may qualify for a rate increase only if | 35097 |
its per diem, actual, allowable costs have increased to a level | 35098 |
that exceeds its total rate, including any efficiency incentive | 35099 |
and return on equity payment. The rules shall specify the | 35100 |
circumstances that would justify a rate increase under division | 35101 |
(A)(2) of this section.
| 35102 |
rules shall provide that the extreme circumstances include | 35103 |
increased security costs for an inner-city nursing facility and an | 35104 |
increase in workers' compensation experience rating but do not | 35105 |
include a change of ownership that results from bankruptcy, | 35106 |
foreclosure, or findings of violations of certification | 35107 |
requirements by the department of health. In the case of | 35108 |
intermediate care facilities for the mentally retarded, the rules | 35109 |
shall provide that the extreme circumstances include, but are not | 35110 |
limited to, renovations approved under division (D) of section | 35111 |
5111.251 of the Revised Code, an increase in workers' compensation | 35112 |
experience rating of greater than five per cent for a facility | 35113 |
that has an appropriate claims management program, increased | 35114 |
security costs for an inner-city facility, and a change of | 35115 |
ownership that results from bankruptcy, foreclosure, or findings | 35116 |
of violations of certification requirements by the department of | 35117 |
health. An increase under division (A)(2) of this section is | 35118 |
subject to any rate limitations or maximum rates established by | 35119 |
sections 5111.23 to 5111.28 of the Revised Code for specific cost | 35120 |
centers. Any rate increase granted under division (A)(2) of this | 35121 |
section shall take effect on the first day of the first month | 35122 |
after the department receives the request. | 35123 |
(3) The rules shall provide that the department, through the | 35124 |
rate reconsideration process, may increase a facility's rate as | 35125 |
calculated under sections 5111.23 to 5111.28 of the Revised Code | 35126 |
if the department, in its sole discretion, determines that the | 35127 |
rate as calculated under those sections works an extreme hardship | 35128 |
on the facility. | 35129 |
(4) The rules shall provide that when beds certified for the | 35130 |
medical assistance program are added to an existing facility, | 35131 |
replaced at the same site, or subject to a change of ownership or | 35132 |
lease, the department, through the rate reconsideration process, | 35133 |
shall increase the facility's rate for capital costs | 35134 |
proportionately, as limited by any applicable limitation under | 35135 |
section 5111.25 or 5111.251 of the Revised Code, to account for | 35136 |
the costs of the beds that are added, replaced, or subject to a | 35137 |
change of ownership or lease. The department shall make this | 35138 |
increase one month after the first day of the month after the | 35139 |
department receives sufficient documentation of the costs. Any | 35140 |
rate increase granted under division (A)(4) of this section after | 35141 |
June 30, 1993, shall remain in effect until the effective date of | 35142 |
a rate calculated under section 5111.25 or 5111.251 of the Revised | 35143 |
Code that includes costs incurred for a full calendar year for the | 35144 |
bed addition, bed replacement, or change of ownership or lease. | 35145 |
The facility shall report double accumulated depreciation in an | 35146 |
amount equal to the depreciation included in the rate adjustment | 35147 |
on its cost report for the first year of operation. During the | 35148 |
term of any loan used to finance a project for which a rate | 35149 |
adjustment is granted under division (A)(4) of this section, if | 35150 |
the facility is operated by the same provider, the facility shall | 35151 |
subtract from the interest costs it reports on its cost report an | 35152 |
amount equal to the difference between the following: | 35153 |
(a) The actual, allowable interest costs for the loan during | 35154 |
the calendar year for which the costs are being reported; | 35155 |
(b) The actual, allowable interest costs attributable to the | 35156 |
loan that were used to calculate the rates paid to the facility | 35157 |
during the same calendar year. | 35158 |
(5) The department's decision at the conclusion of the | 35159 |
reconsideration process shall not be subject to any administrative | 35160 |
proceedings under Chapter 119. or any other provision of the | 35161 |
Revised Code. | 35162 |
(B) Any audit disallowance that the department makes as the | 35163 |
result of an audit under section 5111.27 of the Revised Code, any | 35164 |
adverse finding that results from an exception review of resident | 35165 |
assessment information conducted under that section after the | 35166 |
effective date of the facility's rate that is based on the | 35167 |
assessment information, and any penalty the department imposes | 35168 |
under division (C) of section 5111.28 of the Revised Code shall be | 35169 |
subject to an adjudication conducted in accordance with Chapter | 35170 |
119. of the Revised Code. | 35171 |
Sec. 5111.63. (A) As used in this section and in section | 35172 |
5111.64 of the Revised Code: | 35173 |
(1) "Facility" means a facility, or part of a facility, | 35174 |
certified as a nursing facility or skilled nursing facility under | 35175 |
Title XVIII or Title XIX of the "Social Security Act," 49 Stat. | 35176 |
286 (1965), 42 U.S.C. 1395 and 1396, as amended. "Facility" does | 35177 |
not include an intermediate care facility for the mentally | 35178 |
retarded, as defined in section 5111.20 of the Revised Code. | 35179 |
(2) "Transfer or discharge" means the movement of resident | 35180 |
to a bed outside of the facility in which the resident resides, | 35181 |
regardless of whether the bed is in the same physical plant. | 35182 |
"Transfer or discharge" does not include the movement of a | 35183 |
resident to a different bed in the same facility. | 35184 |
(3) "Physician" means an individual authorized under Chapter | 35185 |
4731. of the Revised Code to practice medicine and surgery or | 35186 |
osteopathic medicine and surgery. | 35187 |
(4) "Resident" means a resident of a facility who is one of | 35188 |
the following: | 35189 |
(a) A recipient of medicaid under section 5111.01 of the | 35190 |
Revised Code; | 35191 |
(b) A beneficiary under Title XVIII of the "Social Security | 35192 |
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 35193 |
(B) The administrator of a facility may transfer or | 35194 |
discharge a resident from the facility only under the following | 35195 |
circumstances: | 35196 |
(1) The welfare and needs of the resident cannot be met in | 35197 |
the facility; | 35198 |
(2) The resident's health has improved sufficiently so that | 35199 |
the resident no longer needs the services provided by the | 35200 |
facility; | 35201 |
(3) The safety of individuals in the facility is | 35202 |
endangered; | 35203 |
(4) The health of individuals in the facility would | 35204 |
otherwise be endangered; | 35205 |
(5) The resident has failed, after reasonable and | 35206 |
appropriate notice, to pay for a stay at the facility, regardless | 35207 |
of the method of payment; | 35208 |
(6) The facility ceases to operate; | 35209 |
(7) The reason specified in division (C)(1) or (2) of | 35210 |
section 3721.16 of the Revised Code. | 35211 |
In the case of a transfer or discharge described in division | 35212 |
(B)(1), (2), (3), (4), or (5) of this section, the transfer or | 35213 |
discharge shall be documented in the resident's medical record. In | 35214 |
the case of a transfer or discharge described in division (B)(1) | 35215 |
or (2) of this section, the documentation shall be made by the | 35216 |
resident's physician. In the case of a transfer or discharge | 35217 |
described in division (B)(4) of this section, the documentation | 35218 |
shall be made by a physician. In the case of a transfer or | 35219 |
discharge described in division (B)(5) of this section of a | 35220 |
resident who becomes eligible for the medicaid program after | 35221 |
admission to the facility, the facility may assess a resident only | 35222 |
those charges that are allowed under the medicaid program. | 35223 |
(C) The administrator of a facility proposing to transfer | 35224 |
or discharge a resident as described in division (B) of this | 35225 |
section shall notify in writing the resident and the resident's | 35226 |
sponsor or legal representative of the proposed transfer or | 35227 |
discharge. The notice shall be made in accordance with 42 C.F.R. | 35228 |
483.12, as amended. On the date notice is provided to a resident, | 35229 |
the administrator shall forward a copy of the notice to the legal | 35230 |
services office of the department of job and family services. | 35231 |
Not later than ninety days after the date a resident | 35232 |
receives notice of a proposed transfer or discharge, the resident | 35233 |
may request a hearing before the department of job and family | 35234 |
services under the hearing procedure described in section 5111.64 | 35235 |
of the Revised Code. A facility shall permit a resident who | 35236 |
requests a hearing not later than ten days after the date the | 35237 |
resident receives the notice to remain in the facility pending the | 35238 |
order of the hearing officer. | 35239 |
Sec. 5111.64. (A) The department of job and family | 35240 |
services shall establish and administer a hearing procedure for a | 35241 |
resident of a facility to appeal a proposed transfer or discharge | 35242 |
from a facility. The department may contract with the department | 35243 |
of health to establish and administer the hearing procedure. If | 35244 |
the department of job and family services contracts with the | 35245 |
department of health, the department of health shall have the same | 35246 |
authority under this section as the department of job and family | 35247 |
services. | 35248 |
(B) The hearing procedure shall provide for all of the | 35249 |
following: | 35250 |
(1) The hearing to be conducted by a hearing officer who | 35251 |
shall be an employee of the department of job and family services | 35252 |
or a hearing examiner who is under contract with the department; | 35253 |
(2) The hearing to be tape-recorded; | 35254 |
(3) The hearing officer to issue an order based on the | 35255 |
facts presented at the hearing not later than ninety days after | 35256 |
receipt of the request for hearing; | 35257 |
(4) Notice of the contents of the order to be provided to | 35258 |
the resident and the administrator of the facility. | 35259 |
(C) The order of a hearing officer described in division | 35260 |
(B) of this section is final and not subject to appeal. | 35261 |
(D) If the department of job and family services finds that | 35262 |
a facility is in violation of an order of a hearing officer, the | 35263 |
department may apply to the court of common pleas of Franklin | 35264 |
county or the county in which a facility is located for an order | 35265 |
enjoining the violation or other appropriate relief to prohibit | 35266 |
the violation. If the court finds that the facility is in | 35267 |
violation of the order, the court shall grant an injunction, | 35268 |
restraining order, or other appropriate relief. The court may | 35269 |
award payment of reasonable attorney's fees by the facility. | 35270 |
(E) The department of job and family services may adopt | 35271 |
rules in accordance with Chapter 119. of the Revised Code to | 35272 |
implement this section. | 35273 |
Sec. 5111.85. (A) As used in this section, "medicaid | 35274 |
waiver component" means a component of the medicaid program | 35275 |
authorized by a waiver granted by the United States department of | 35276 |
health and human services under section 1115 or 1915 of the | 35277 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or | 35278 |
1396n. "Medicaid waiver component" does not include a managed care | 35279 |
system established under section 5111.17 of the Revised Code. | 35280 |
(B) The director of job and family services may adopt | 35281 |
rules under Chapter 119. of the Revised Code governing medicaid | 35282 |
waiver components that establish all of the following: | 35283 |
(1) Eligibility requirements for the medicaid waiver | 35284 |
components; | 35285 |
(2) The type, amount, duration, and scope of services the | 35286 |
medicaid waiver components provide; | 35287 |
(3) The conditions under which the medicaid waiver | 35288 |
components cover services; | 35289 |
(4) The amount the medicaid waiver components pay for | 35290 |
services or the method by which the amount is determined; | 35291 |
(5) The manner in which the medicaid waiver components pay | 35292 |
for services; | 35293 |
(6) Safeguards for the health and welfare of medicaid | 35294 |
recipients receiving services under a medicaid waiver component; | 35295 |
(7) Procedures for enforcing the rules, including | 35296 |
establishing corrective action plans for, and imposing financial | 35297 |
and administrative sanctions on, persons and government entities | 35298 |
that violate the rules. The procedures shall include due process | 35299 |
protections. | 35300 |
(8) Other policies necessary for the efficient | 35301 |
administration of the medicaid waiver components. | 35302 |
(C) The director of job and family services may adopt | 35303 |
different rules for the different medicaid waiver components. The | 35304 |
rules shall be consistent with the terms of the waiver authorizing | 35305 |
the medicaid waiver component. | 35306 |
(D) The director of job and family services may conduct | 35307 |
reviews of the medicaid waiver components. The reviews may | 35308 |
include physical inspections of records and sites where services | 35309 |
are provided under the medicaid waiver components and interviews | 35310 |
of providers and recipients of the services. If the director | 35311 |
determines pursuant to a review that a person or government entity | 35312 |
has violated a rule governing a medicaid waiver component, the | 35313 |
director may do the following: | 35314 |
(1) If the violator is a county family services agency, | 35315 |
take action under section 5101.24 of the Revised Code; | 35316 |
(2) If the violator is not a county family services agency, | 35317 |
establish a corrective action plan for the violator and impose | 35318 |
fiscal, administrative, or both types of sanctions on the violator | 35319 |
in accordance with rules adopted under division (B) of this | 35320 |
section. | 35321 |
Sec. 5111.86. The department of job and family services may | 35322 |
enter into interagency agreements with one or more other state | 35323 |
agencies to have the state agency administer one or more | 35324 |
components of the medicaid program, or one or more aspects of a | 35325 |
component, under the department's supervision. A state agency | 35326 |
that enters into such an interagency agreement shall comply with | 35327 |
any rules the director of job and family services has adopted | 35328 |
governing the component, or aspect of the component, that the | 35329 |
state agency is to administer, including any rules establishing | 35330 |
review, audit, and corrective action plan requirements. | 35331 |
A state agency that enters into an interagency agreement with | 35332 |
the department under this section shall reimburse the department | 35333 |
for the nonfederal share of the cost to the department of | 35334 |
performing, or contracting for the performance of, a fiscal audit | 35335 |
of the component of the medicaid program, or aspect of the | 35336 |
component, that the state agency administers if rules governing | 35337 |
the component, or aspect of the component, require that a fiscal | 35338 |
audit be conducted. | 35339 |
There is hereby created in the state treasury the medicaid | 35340 |
administrative reimbursement fund. The department shall use money | 35341 |
in the fund to pay for the nonfederal share of the cost of a | 35342 |
fiscal audit for which a state agency is required by this section | 35343 |
to reimburse the department. The department shall deposit the | 35344 |
reimbursements into the fund. | 35345 |
Sec. 5111.87. As used in this section and section 5111.871 of | 35346 |
the Revised Code, "intermediate care facility for the mentally | 35347 |
retarded" has the same meaning as in section 5111.20 of the | 35348 |
Revised Code. | 35349 |
The director of job and family services may apply to the | 35350 |
United States secretary of health and human services for one or | 35351 |
more medicaid waivers under which home or community-based services | 35352 |
are provided to individuals with mental retardation or other | 35353 |
developmental disability as an alternative to placement in an | 35354 |
intermediate care facility for the mentally retarded. | 35355 |
| 35356 |
services shall enter into an interagency agreement with the | 35357 |
department of mental retardation and developmental disabilities | 35358 |
under section 5111.86 of the Revised Code with regard to the | 35359 |
component of the medicaid program established by the department of | 35360 |
job and family
services under
| 35361 |
the United States secretary of health and human services pursuant | 35362 |
to section 1915 of the "Social Security Act," 49 Stat. 620 (1935), | 35363 |
42 U.S.C.A. 1396n, as amended,
to provide
eligible
| 35364 |
35365 | |
services as an alternative to placement in an intermediate care | 35366 |
facility for the mentally retarded
| 35367 |
35368 | |
department of mental retardation and developmental disabilities to | 35369 |
administer the
| 35370 |
the waiver. The
| 35371 |
and mental retardation and developmental disabilities shall adopt | 35372 |
rules in accordance with Chapter 119. of the Revised Code | 35373 |
governing the
| 35374 |
If the department of mental retardation and developmental | 35375 |
disabilities or the department of job and family services denies | 35376 |
an individual's application for home or community-based services | 35377 |
provided under this medicaid component, the department that made | 35378 |
the denial shall timely notify the individual that the individual | 35379 |
may request a hearing under section 5101.35 of the Revised Code. | 35380 |
The departments of mental retardation and developmental | 35381 |
disabilities and job and family services may approve, reduce, | 35382 |
deny, or terminate a service included in the individualized | 35383 |
service plan developed for a medicaid recipient eligible for home | 35384 |
or community-based services provided under this medicaid | 35385 |
component. The departments shall consider the recommendations a | 35386 |
county board of mental retardation and developmental disabilities | 35387 |
makes under division (A)(1)(c) of section 5126.055 of the Revised | 35388 |
Code. If either department reduces, denies, or terminates a | 35389 |
service, that department shall timely notify the medicaid | 35390 |
recipient that the recipient may request a hearing under section | 35391 |
5101.35 of the Revised Code. | 35392 |
Sec. 5111.872. When the department of mental retardation and | 35393 |
developmental disabilities allocates enrollment numbers to a | 35394 |
county board of mental retardation and developmental disabilities | 35395 |
for home or community-based services provided under the component | 35396 |
of the medicaid program that the department administers under | 35397 |
section 5111.871 of the Revised Code, the department shall | 35398 |
consider all of the following: | 35399 |
(A) The number of individuals with mental retardation or | 35400 |
other developmental disability who are on a waiting list the | 35401 |
county board establishes under division (C) of section 5126.042 of | 35402 |
the Revised Code for those services; | 35403 |
(B) The implementation component required by division | 35404 |
(A)(3) of section 5126.054 of the Revised Code of the county | 35405 |
board's plan approved under section 5123.046 of the Revised Code; | 35406 |
(C) Anything else the department considers appropriate. | 35407 |
Sec. 5111.873. (A) Not later than the effective date of the | 35408 |
first of any medicaid waivers the United States secretary of | 35409 |
health and human services grants pursuant to a request made under | 35410 |
section 5111.87 of the Revised Code, the director of job and | 35411 |
family services shall adopt rules in accordance with Chapter 119. | 35412 |
of the Revised Code establishing statewide fee schedules for home | 35413 |
or community-based services provided under the component of the | 35414 |
medicaid program that the department of mental retardation and | 35415 |
developmental disabilities administers under section 5111.871 of | 35416 |
the Revised Code. The rules shall provide for all of the | 35417 |
following: | 35418 |
(1) The department of mental retardation and developmental | 35419 |
disabilities arranging for the initial and ongoing collection of | 35420 |
cost information from a comprehensive, statistically valid sample | 35421 |
of persons and government entities providing the services at the | 35422 |
time the information is obtained; | 35423 |
(2) The collection of consumer-specific information through | 35424 |
an assessment instrument the department of mental retardation and | 35425 |
developmental disabilities shall develop; | 35426 |
(3) With the information collected pursuant to divisions | 35427 |
(A)(1) and (2) of this section, an analysis of that information, | 35428 |
and other information the director determines relevant, methods | 35429 |
and standards for calculating the fee schedules that do all of the | 35430 |
following: | 35431 |
(a) Assure that the fees are consistent with | 35432 |
efficiency, economy, and quality of care; | 35433 |
(b) Consider the intensity of consumer resource need; | 35434 |
(c) Recognize variations in different geographic areas | 35435 |
regarding the resources necessary to assure the health and welfare | 35436 |
of consumers; | 35437 |
(d) Recognize variations in environmental supports available | 35438 |
to consumers. | 35439 |
(B) As part of the process of adopting rules under this | 35440 |
section, the director shall consult with the director of mental | 35441 |
retardation and developmental disabilities, representatives of | 35442 |
county boards of mental retardation and developmental | 35443 |
disabilities, persons who provide the home or community-based | 35444 |
services, and other persons and government entities the director | 35445 |
identifies. | 35446 |
(C) The directors of job and family services and mental | 35447 |
retardation and developmental disabilities shall review the rules | 35448 |
adopted under this section at times they determine to ensure that | 35449 |
the methods and standards established by the rules for calculating | 35450 |
the fee schedules continue to do everything that division (A)(3) | 35451 |
of this section requires. | 35452 |
Sec. 5119.01. The director of mental health is the chief | 35453 |
executive and administrative officer of the department of mental | 35454 |
health. The director may establish procedures for the governance | 35455 |
of the department, conduct of its employees and officers, | 35456 |
performance of its business, and custody, use, and preservation of | 35457 |
departmental records, papers, books, documents, and property. | 35458 |
Whenever the Revised Code imposes a duty upon or requires an | 35459 |
action of the department or any of its institutions, the director | 35460 |
shall perform the action or duty in the name of the department, | 35461 |
except that the medical director appointed pursuant to section | 35462 |
5119.07 of the Revised Code shall be responsible for decisions | 35463 |
relating to medical diagnosis, treatment, rehabilitation, quality | 35464 |
assurance, and the clinical aspects of the following: licensure | 35465 |
of hospitals and residential facilities, research, community | 35466 |
mental health plans, and delivery of mental health services. | 35467 |
The director shall: | 35468 |
(A) Adopt rules for the proper execution of the powers and | 35469 |
duties of the department with respect to the institutions under | 35470 |
its control, and require the performance of additional duties by | 35471 |
the officers of the institutions as necessary to fully meet the | 35472 |
requirements, intents, and purposes of this chapter. In case of | 35473 |
an apparent conflict between the powers conferred upon any | 35474 |
managing officer and those conferred by such sections upon the | 35475 |
department, the presumption shall be conclusive in favor of the | 35476 |
department. | 35477 |
(B) Adopt rules for the nonpartisan management of the | 35478 |
institutions under the department's control. An officer or | 35479 |
employee of the department or any officer or employee of any | 35480 |
institution under its control who, by solicitation or otherwise, | 35481 |
exerts influence directly or indirectly to induce any other | 35482 |
officer or employee of the department or any of its institutions | 35483 |
to adopt the exerting officer's or employee's political views or | 35484 |
to favor any particular person, issue, or candidate for office | 35485 |
shall be removed from the exerting officer's or employee's office | 35486 |
or position, by the department in case of an officer or employee, | 35487 |
and by the governor in case of the director. | 35488 |
(C) Appoint such employees, including the medical director, | 35489 |
as are necessary for the efficient conduct of the department, and | 35490 |
prescribe their titles and duties; | 35491 |
(D) Prescribe the forms of affidavits, applications, medical | 35492 |
certificates, orders of hospitalization and release, and all other | 35493 |
forms, reports, and records that are required in the | 35494 |
hospitalization or admission and release of all persons to the | 35495 |
institutions under the control of the department, or are otherwise | 35496 |
required under this chapter or Chapter 5122. of the Revised Code; | 35497 |
(E) Contract with hospitals licensed by the department under | 35498 |
section 5119.20 of the Revised Code for the care and treatment of | 35499 |
mentally ill patients, or with persons, organizations, or agencies | 35500 |
for the custody, supervision, care, or treatment of mentally ill | 35501 |
persons receiving services elsewhere than within the enclosure of | 35502 |
a hospital operated under section 5119.02 of the Revised Code; | 35503 |
(F) Exercise the powers and perform the duties relating to | 35504 |
community mental health facilities and services that are assigned | 35505 |
to the director under this chapter and Chapter 340. of the Revised | 35506 |
Code; | 35507 |
(G) Adopt rules under Chapter 119. of the Revised Code for | 35508 |
the establishment of minimum standards, including standards for | 35509 |
use of seclusion and restraint, of mental health services that are | 35510 |
not inconsistent with nationally recognized applicable standards | 35511 |
and that facilitate participation in federal assistance
programs | 35512 |
For purposes of certifying a community mental health program, | 35513 |
agency, or facility under division (M) of section 5119.61 of the | 35514 |
Revised Code and conducting reviews, evaluations, and audits under | 35515 |
division (A)(3) of section 340.03 of the Revised Code, the rules | 35516 |
shall establish minimum standards that the program, agency, or | 35517 |
facility must meet in the prevention of inappropriate service | 35518 |
delivery. Initial rules regarding the prevention of inappropriate | 35519 |
service delivery shall be adopted not later than ninety days after | 35520 |
the effective date of this amendment. | 35521 |
(H) Develop and implement clinical evaluation and monitoring | 35522 |
of services that are operated by the department; | 35523 |
(I) At the director's discretion, adopt rules establishing | 35524 |
standards for the adequacy of services provided by community | 35525 |
mental health facilities, and certify the compliance of such | 35526 |
facilities
| 35527 |
35528 | |
35529 | |
35530 |
(J) Adopt rules establishing standards for the performance | 35531 |
of evaluations by a forensic center or other psychiatric program | 35532 |
or facility of the mental condition of defendants ordered by the | 35533 |
court under section 2919.271, or 2945.371 of the Revised Code, and | 35534 |
for the treatment of defendants who have been found incompetent to | 35535 |
stand trial and ordered by the court under section 2945.38, | 35536 |
2945.39, 2945.401, or 2945.402 of the Revised Code to receive | 35537 |
treatment in facilities; | 35538 |
(K) On behalf of the department, have the authority and | 35539 |
responsibility for entering into contracts and other agreements; | 35540 |
(L) Prepare and publish regularly a state mental health plan | 35541 |
that describes the department's philosophy, current activities, | 35542 |
and long-term and short-term goals and activities; | 35543 |
(M) Adopt rules in accordance with Chapter 119. of the | 35544 |
Revised Code specifying the supplemental services that may be | 35545 |
provided through a trust authorized by section 1339.51 of the | 35546 |
Revised Code; | 35547 |
(N) Adopt rules in accordance with Chapter 119. of the | 35548 |
Revised Code establishing standards for the maintenance and | 35549 |
distribution to a beneficiary of assets of a trust authorized by | 35550 |
section 1339.51 of the Revised Code; | 35551 |
(O) As used in division (I) of this section: | 35552 |
(1) "Community mental health facility" means a facility that | 35553 |
provides community mental health services and is included in the | 35554 |
community mental health plan for the alcohol, drug addiction, and | 35555 |
mental health service district in which it is located. | 35556 |
(2) "Community mental health service" means services, other | 35557 |
than inpatient services, provided by a community mental health | 35558 |
facility. | 35559 |
Sec. 5119.06. (A) The department of mental health shall: | 35560 |
(1) Establish and support a program at the state level to | 35561 |
promote a community support system in accordance with section | 35562 |
340.03 of the Revised Code to be available for every alcohol, drug | 35563 |
addiction, and mental health service district. The department | 35564 |
shall define the essential elements of a community support system, | 35565 |
shall assist in identifying resources and coordinating the | 35566 |
planning, evaluation, and delivery of services to facilitate the | 35567 |
access of mentally ill people to public services at federal, | 35568 |
state, and local levels, and shall operate inpatient and other | 35569 |
mental health services pursuant to the approved community mental | 35570 |
health plan. | 35571 |
(2) Provide training, consultation, and technical assistance | 35572 |
regarding mental health programs and services and appropriate | 35573 |
prevention and mental health promotion activities, including those | 35574 |
that are culturally sensitive, to employees of the department, | 35575 |
community mental health agencies and boards, and other agencies | 35576 |
providing mental health services; | 35577 |
(3) Promote and support a full range of mental health | 35578 |
services that are available and accessible to all residents of | 35579 |
this state, especially for severely mentally disabled children, | 35580 |
adolescents, and adults, and other special target populations, | 35581 |
including racial and ethnic minorities, as determined by the | 35582 |
department. | 35583 |
(4) Design and set criteria for the determination of severe | 35584 |
mental disability; | 35585 |
(5) Establish
| 35586 |
health programs; | 35587 |
(6) Promote, direct, conduct, and coordinate scientific | 35588 |
research, taking ethnic and racial differences into consideration | 35589 |
concerning the causes and prevention of mental illness, methods of | 35590 |
providing effective services and treatment, and means of enhancing | 35591 |
the mental health of all residents of this state; | 35592 |
(7) Foster the establishment and availability of vocational | 35593 |
rehabilitation services and the creation of employment | 35594 |
opportunities for consumers of mental health services, including | 35595 |
members of racial and ethnic minorities; | 35596 |
(8) Establish a program to protect and promote the rights, | 35597 |
health, and safety of persons receiving mental health services, | 35598 |
including the issuance of guidelines on informed consent and other | 35599 |
rights; | 35600 |
(9) Establish, in consultation with board of alcohol, drug | 35601 |
addiction, and mental health services representatives and after | 35602 |
consideration of the recommendations of the medical director, | 35603 |
guidelines for the development of community mental health plans | 35604 |
and the review and approval or disapproval of such plans submitted | 35605 |
pursuant to section 340.03 of the Revised Code; | 35606 |
(10) Promote the involvement of persons who are receiving or | 35607 |
have received mental health services, including families and other | 35608 |
persons having a close relationship to a person receiving mental | 35609 |
health services, in the planning, evaluation, delivery, and | 35610 |
operation of mental health services. | 35611 |
(11) Notify and consult with the relevant constituencies | 35612 |
that may be affected by rules, standards, and guidelines issued by | 35613 |
the department of mental health. These constituencies shall | 35614 |
include consumers of mental health services and their families, | 35615 |
and may include public and private providers, employee | 35616 |
organizations, and others when appropriate. Whenever the | 35617 |
department proposes the adoption, amendment, or rescission of | 35618 |
rules under Chapter 119. of the Revised Code, the notification and | 35619 |
consultation required by this division shall occur prior to the | 35620 |
commencement of proceedings under Chapter 119. The department | 35621 |
shall adopt rules under Chapter 119. of the Revised Code that | 35622 |
establish procedures for the notification and consultation | 35623 |
required by this division. | 35624 |
(12) In cooperation with board of alcohol, drug addiction, | 35625 |
and mental health services representatives, provide training | 35626 |
regarding the provision of community-based mental health services | 35627 |
to those department employees who are utilized in state-operated, | 35628 |
community-based mental health services; | 35629 |
(13) Provide
| 35630 |
rehabilitation
and correction
| 35631 |
mental health services in state correctional institutions; | 35632 |
| 35633 |
35634 | |
35635 | |
35636 | |
35637 | |
35638 | |
35639 |
(B) The department of mental health may negotiate and enter | 35640 |
into agreements with other agencies and institutions, both public | 35641 |
and private, for the joint performance of its duties. | 35642 |
(C) The department shall adopt rules in accordance with | 35643 |
Chapter 119. of the Revised Code as it considers necessary to | 35644 |
administer the program established under division (A)(8) of this | 35645 |
section. Initial rules regarding the health and safety of persons | 35646 |
receiving mental health services shall be adopted not later than | 35647 |
ninety days after the effective date of this amendment. | 35648 |
Sec. 5119.61. Any provision in this chapter that refers to a | 35649 |
board of alcohol, drug addiction, and mental health services also | 35650 |
refers to the community mental health board in an alcohol, drug | 35651 |
addiction, and mental health service district that has a community | 35652 |
mental health board. | 35653 |
The director of mental health with respect to all facilities | 35654 |
and programs established and operated under Chapter 340. of the | 35655 |
Revised Code for mentally ill and emotionally disturbed persons, | 35656 |
shall do all of the following: | 35657 |
(A) Adopt rules pursuant to Chapter 119. of the Revised Code | 35658 |
that may be necessary to carry out the purposes of Chapter 340. | 35659 |
and sections 5119.61 to 5119.63 of the Revised Code. | 35660 |
(1) The rules shall include all of the following: | 35661 |
(a) Rules governing a community mental health agency's | 35662 |
services under section 340.091 of the Revised Code to an | 35663 |
individual referred to the agency under division (C)(2) of section | 35664 |
173.35 of the Revised Code; | 35665 |
(b) For the purpose of division (A)(14) of section 340.03 of | 35666 |
the Revised Code, rules governing the duties of mental health | 35667 |
agencies and boards of alcohol, drug addiction, and mental health | 35668 |
services under section 3722.18 of the Revised Code regarding | 35669 |
referrals of individuals with mental illness or severe mental | 35670 |
disability to adult care facilities and effective arrangements for | 35671 |
ongoing mental health services for the individuals. The rules | 35672 |
shall do at least the following: | 35673 |
(i) Provide for agencies and boards to participate fully in | 35674 |
the procedures owners and managers of adult care facilities must | 35675 |
follow under division (A)(2) of section 3722.18 of the Revised | 35676 |
Code; | 35677 |
(ii) Specify the manner in which boards are accountable for | 35678 |
ensuring that ongoing mental health services are effectively | 35679 |
arranged for individuals with mental illness or severe mental | 35680 |
disability who are referred by the board or mental health agency | 35681 |
under contract with the board to an adult care facility. | 35682 |
(c) Rules governing a board of alcohol, drug addiction, and | 35683 |
mental health services when making a report to the director of | 35684 |
health under section 3722.17 of the Revised Code regarding the | 35685 |
quality of care and services provided by an adult care facility to | 35686 |
a person with mental illness or a severe mental disability. | 35687 |
(2) Rules may be adopted to govern the method of paying a | 35688 |
community mental health facility described in division (B) of | 35689 |
section 5111.022 of the Revised Code for providing services | 35690 |
established by division (A) of that section. Such rules must be | 35691 |
consistent with the contract entered into between the departments | 35692 |
| 35693 |
(E) of that section. | 35694 |
(B) Adopt rules requiring each public or private agency | 35695 |
providing mental health services or facilities under a contract | 35696 |
with a board of alcohol, drug addiction, and mental health | 35697 |
services and any program operated by such a board to have a | 35698 |
written policy that addresses the rights of clients including all | 35699 |
of the following: | 35700 |
(1) The right to a copy of the agency's policy of client | 35701 |
rights; | 35702 |
(2) The right at all times to be treated with consideration | 35703 |
and respect for the client's privacy and dignity; | 35704 |
(3) The right to have access to the client's own | 35705 |
psychiatric, medical, or other treatment records unless access is | 35706 |
specifically restricted in the client's treatment plan for clear | 35707 |
treatment reasons; | 35708 |
(4) The right to have a client rights officer provided by | 35709 |
the board or agency advise the client of the client's rights, | 35710 |
including the client's rights under Chapter 5122. of the Revised | 35711 |
Code if the client is committed to the board or agency. | 35712 |
(C) Require each board of alcohol, drug addiction, and | 35713 |
mental health services to ensure that each contract agency | 35714 |
establishes grievance procedures available to all recipients of | 35715 |
services or applicants for services; | 35716 |
(D) Define minimum standards for qualifications of | 35717 |
personnel, professional services, and mental health professionals | 35718 |
as defined in section 340.02 of the Revised Code; | 35719 |
(E) Review and evaluate, and, taking into account the | 35720 |
findings and recommendations of the board of alcohol, drug | 35721 |
addiction, and mental health services of the district served by | 35722 |
the program and the requirements and priorities of the state | 35723 |
mental health plan, including the needs of residents of the | 35724 |
district now residing in state mental institutions, approve and | 35725 |
allocate funds to support community programs, and make | 35726 |
recommendations for needed improvements to boards of alcohol, drug | 35727 |
addiction, and mental health services; | 35728 |
(F) Withhold state and federal funds for any program, in | 35729 |
whole or in part, from a board of alcohol, drug addiction, and | 35730 |
mental health services in the event of failure of that program to | 35731 |
comply with Chapter 340. or section 5119.61 or 5119.62 of the | 35732 |
Revised Code or rules of the department of mental health. The | 35733 |
director shall identify the areas of noncompliance and the action | 35734 |
necessary to achieve compliance. The director shall offer | 35735 |
technical assistance to the board to achieve compliance. The | 35736 |
director shall give the board a reasonable time within which to | 35737 |
comply or to present its position that it is in compliance. Before | 35738 |
withholding funds, a hearing shall be conducted to determine if | 35739 |
there are continuing violations and that either assistance is | 35740 |
rejected or the board is unable to achieve compliance. Subsequent | 35741 |
to the hearing process, if it is determined that compliance has | 35742 |
not been achieved, the director may allocate all or part of the | 35743 |
withheld funds to a public or private agency to provide the | 35744 |
services not in compliance until the time that there is | 35745 |
compliance. The director shall establish rules pursuant to | 35746 |
Chapter 119. of the Revised Code to implement this division. | 35747 |
(G) Withhold state or federal funds from a board of alcohol, | 35748 |
drug addiction, and mental health services that denies available | 35749 |
service on the basis of religion, race, color, creed, sex, | 35750 |
national origin, age, disability as defined in section 4112.01 of | 35751 |
the Revised Code, developmental disability, or the inability to | 35752 |
pay; | 35753 |
(H) Provide consultative services to community mental health | 35754 |
programs with the knowledge and cooperation of the board of | 35755 |
alcohol, drug addiction, and mental health services; | 35756 |
(I) Provide to boards of alcohol, drug addiction, and mental | 35757 |
health services state or federal funds, in addition to those | 35758 |
allocated under section 5119.62 of the Revised Code, for special | 35759 |
programs or projects the director considers necessary but for | 35760 |
which local funds are not available; | 35761 |
(J)(1) Establish criteria by which a board of alcohol, drug | 35762 |
addiction, and mental health services reviews and evaluates the | 35763 |
quality, effectiveness, and efficiency of services provided | 35764 |
through its community mental health plan, including services | 35765 |
described in division (A) of section 5111.022 of the Revised Code | 35766 |
that are provided by community health facilities described in | 35767 |
division (B) of that section. The criteria established for a | 35768 |
board's use in reviewing and evaluating the services provided | 35769 |
through its plan shall include consideration of whether the | 35770 |
providers of mental health services have prevented inappropriate | 35771 |
service delivery. Initial criteria regarding the prevention of | 35772 |
inappropriate service delivery shall be established not later than | 35773 |
ninety days after the effective date of this amendment.
| 35774 |
(2) The department shall assess a board's review and | 35775 |
evaluation of services and the compliance of each board with this | 35776 |
section, Chapter 340. or section 5119.62 of the Revised Code, and | 35777 |
other state or federal law and regulations.
| 35778 |
(3) The department, in cooperation with the board, | 35779 |
periodically shall review and evaluate the quality, effectiveness, | 35780 |
and efficiency of
services provided through each board.
| 35781 |
(4) The department shall collect information that is | 35782 |
necessary to perform
| 35783 |
(J)(1) to (3) of this spection. | 35784 |
(K) Develop and operate a community mental health | 35785 |
information system. | 35786 |
Boards of alcohol, drug abuse, and mental health services | 35787 |
shall submit information requested by the department in the form | 35788 |
and manner prescribed by the department. Information collected by | 35789 |
the department shall include, but not be limited to, all of the | 35790 |
following: | 35791 |
(1) Information regarding units of services provided in | 35792 |
whole or in part under contract with a board, including diagnosis | 35793 |
and special needs, demographic information, the number of units of | 35794 |
service provided, past treatment, financial status, and service | 35795 |
dates in accordance with rules adopted by the department in | 35796 |
accordance with Chapter 119. of the Revised Code; | 35797 |
(2) Financial information other than price or price-related | 35798 |
data regarding expenditures of boards and community mental health | 35799 |
agencies, including units of service provided, budgeted and actual | 35800 |
expenses by type, and sources of funds. | 35801 |
Boards shall submit the information specified in division | 35802 |
(K)(1) of this section no less frequently than annually for each | 35803 |
client, and each time the client's case is opened or closed. The | 35804 |
department shall not collect any information for the purpose of | 35805 |
identifying by name any person who receives a service through a | 35806 |
board of alcohol, drug addiction, and mental health services, | 35807 |
except as required by state or federal law to validate appropriate | 35808 |
reimbursement. For the purposes of division (K)(1) of this | 35809 |
section, the department shall use an identification system that is | 35810 |
consistent with applicable nationally recognized standards. | 35811 |
(L) Review each board's plan submitted pursuant to section | 35812 |
340.03 of the Revised Code and approve or disapprove it in whole | 35813 |
or in part. Periodically, in consultation with representatives of | 35814 |
boards and after considering the recommendations of the medical | 35815 |
director, the director shall issue criteria for determining when a | 35816 |
plan is complete, criteria for plan approval or disapproval, and | 35817 |
provisions for conditional approval. The factors that the | 35818 |
director considers may include, but are not limited to, the | 35819 |
following: | 35820 |
(1) The mental health needs of all persons residing within | 35821 |
the board's service district, especially severely mentally | 35822 |
disabled children, adolescents, and adults; | 35823 |
(2) The demonstrated quality, effectiveness, efficiency, and | 35824 |
cultural relevance of the services provided in each service | 35825 |
district, the extent to which any services are duplicative of | 35826 |
other available services, and whether the services meet the needs | 35827 |
identified above; | 35828 |
(3) The adequacy of the board's accounting for the | 35829 |
expenditure of funds. | 35830 |
If the director disapproves all or part of any plan, the | 35831 |
director shall provide the board an opportunity to present its | 35832 |
position. The director shall inform the board of the reasons for | 35833 |
the disapproval and of the criteria that must be met before the | 35834 |
plan may be approved. The director shall give the board a | 35835 |
reasonable time within which to meet the criteria, and shall offer | 35836 |
technical assistance to the board to help it meet the criteria. | 35837 |
If the approval of a plan remains in dispute thirty days | 35838 |
prior to the conclusion of the fiscal year in which the board's | 35839 |
current plan is scheduled to expire, the board or the director may | 35840 |
request that the dispute be submitted to a mutually agreed upon | 35841 |
third-party mediator with the cost to be shared by the board and | 35842 |
the department. The mediator shall issue to the board and the | 35843 |
department recommendations for resolution of the dispute. Prior to | 35844 |
the conclusion of the fiscal year in which the current plan is | 35845 |
scheduled to expire, the director, taking into consideration the | 35846 |
recommendations of the mediator, shall make a final determination | 35847 |
and approve or disapprove the plan, in whole or in part. | 35848 |
(M) Visit and evaluate any community mental health program, | 35849 |
agency, or facility, in cooperation with a board of alcohol, drug | 35850 |
addiction, and mental health services, to determine if the | 35851 |
services meet minimum standards pursuant to division (G) of | 35852 |
section 5119.01 of the Revised Code. If the director determines | 35853 |
that the services meet minimum standards, the director shall so | 35854 |
certify. | 35855 |
If the director determines that the services of any program, | 35856 |
agency, or facility that has a contract with a board do not meet | 35857 |
minimum standards, the director shall identify the areas of | 35858 |
noncompliance, specify what action is necessary to meet the | 35859 |
standards, and offer technical assistance to the board so that it | 35860 |
may assist the program, agency, or facility to meet minimum | 35861 |
standards. The director shall give the board a reasonable time | 35862 |
within which to demonstrate that the services meet minimum | 35863 |
standards or to bring the program or facility into compliance with | 35864 |
the standards. If the director concludes that the services | 35865 |
continue to fail to meet minimum standards, the director may | 35866 |
request that the board reallocate the funds for those services to | 35867 |
another program, agency, or facility which meets minimum | 35868 |
standards. If the board does not reallocate those funds in a | 35869 |
reasonable period of time, the director may withhold state and | 35870 |
federal funds for the services and allocate those funds directly | 35871 |
to a public or private agency that meets minimum standards. | 35872 |
Each program, agency, and facility shall pay a fee for the | 35873 |
certification review required by this division. Fees shall be | 35874 |
paid into the sale of goods and services fund created pursuant to | 35875 |
section 5119.161 of the Revised Code. | 35876 |
| 35877 |
119. of the
Revised Code to implement
| 35878 |
section. The rules shall do all of the following: | 35879 |
| 35880 |
of programs, agencies, or facilities; | 35881 |
| 35882 |
a portion of the cost of performing the review; | 35883 |
| 35884 |
prior to a decision whether to reallocate funds. | 35885 |
(2) For the purpose of increasing the cost-effectiveness of | 35886 |
community mental health services, the department of mental health, | 35887 |
not later than ninety days after the effective date of this | 35888 |
amendment, shall reduce the certification requirements established | 35889 |
in the rules adopted under division (N)(1) of this section. | 35890 |
Sec. 5120.10. (A)(1) The director of rehabilitation and | 35891 |
correction, by rule, shall promulgate minimum standards for jails | 35892 |
in Ohio, including minimum security jails dedicated under section | 35893 |
341.34 or 753.21 of the Revised Code. Whenever the director files | 35894 |
a rule or an amendment to a rule in final form with both the | 35895 |
secretary of state and the director of the legislative service | 35896 |
commission pursuant to section 111.15 of the Revised Code, the | 35897 |
director of rehabilitation and correction promptly shall send a | 35898 |
copy of the rule or amendment, if the rule or amendment pertains | 35899 |
to minimum jail standards, by ordinary mail to the political | 35900 |
subdivisions or affiliations of political subdivisions that | 35901 |
operate jails to which the standards apply. | 35902 |
(2) The rules promulgated in accordance with division (A)(1) | 35903 |
of this section shall serve as criteria for the investigative and | 35904 |
supervisory powers and duties vested by division (D) of this | 35905 |
section in the division of parole and community services of the | 35906 |
department of rehabilitation and correction or in another division | 35907 |
of the department to which those powers and duties are assigned. | 35908 |
(B) The director may initiate an action in the court of | 35909 |
common pleas of the county in which a facility that is subject to | 35910 |
the rules promulgated under division (A)(1) of this section is | 35911 |
situated to enjoin compliance with the minimum standards for jails | 35912 |
or with the minimum standards and minimum renovation, | 35913 |
modification, and construction criteria for minimum security | 35914 |
jails. | 35915 |
(C) Upon the request of an administrator of a jail facility, | 35916 |
the chief executive of a municipal corporation, or a board of | 35917 |
county commissioners, the director of rehabilitation and | 35918 |
correction or the director's designee shall grant a variance from | 35919 |
the minimum standards for jails in Ohio for a facility that is | 35920 |
subject to one of those minimum standards when the director | 35921 |
determines that strict compliance with the minimum standards would | 35922 |
cause unusual, practical difficulties or financial hardship, that | 35923 |
existing or alternative practices meet the intent of the minimum | 35924 |
standards, and that granting a variance would not seriously affect | 35925 |
the security of the facility, the supervision of the inmates, or | 35926 |
the safe, healthful operation of the facility. If the director or | 35927 |
the director's designee denies a variance, the applicant may | 35928 |
appeal the denial pursuant to section 119.12 of the Revised Code. | 35929 |
(D) The following powers and duties shall be exercised by | 35930 |
the division of parole and community services unless assigned to | 35931 |
another division by the director: | 35932 |
(1) The investigation and supervision of county and | 35933 |
municipal jails, workhouses, minimum security jails, and other | 35934 |
correctional institutions and agencies; | 35935 |
(2) The review and approval of plans submitted to the | 35936 |
department of rehabilitation and correction pursuant to division | 35937 |
(E) of this section; | 35938 |
(3) The management and supervision of the adult parole | 35939 |
authority created by section 5149.02 of the Revised Code; | 35940 |
| 35941 |
community-based correctional facilities and programs and district | 35942 |
community-based correctional facilities and programs that are | 35943 |
submitted pursuant to division (B) of section 2301.51 of the | 35944 |
Revised Code; | 35945 |
| 35946 |
division for purposes of assisting in the renovation, maintenance, | 35947 |
and operation of community-based correctional facilities and | 35948 |
programs and district community-based correctional facilities and | 35949 |
programs in accordance with section 5120.112 of the Revised Code; | 35950 |
| 35951 |
department of rehabilitation and correction in section 5149.31 of | 35952 |
the Revised Code to establish and administer a program of | 35953 |
subsidies to eligible municipal corporations, counties, and groups | 35954 |
of contiguous counties for the development, implementation, and | 35955 |
operation of community-based corrections programs; | 35956 |
| 35957 |
centers for the care and treatment of adult offenders in | 35958 |
accordance with section 2967.14 of the Revised Code; | 35959 |
| 35960 |
department or political subdivision of the state that operates a | 35961 |
licensed halfway house or community residential center for the | 35962 |
provision of housing, supervision, and other services to parolees | 35963 |
and probationers in accordance with section 2967.14 of the Revised | 35964 |
Code. | 35965 |
Other powers and duties may be assigned by the director of | 35966 |
rehabilitation and correction to the division of parole and | 35967 |
community services. This section does not apply to the department | 35968 |
of youth services or its institutions or employees. | 35969 |
(E) No plan for any new jail, workhouse, or lockup, or plan | 35970 |
for a substantial addition or alteration to an existing jail, | 35971 |
workhouse, or lockup, shall be adopted unless the officials | 35972 |
responsible for adopting the plan have submitted it to the | 35973 |
department of rehabilitation and correction for approval and the | 35974 |
department has approved the plan as provided in division (D)(2) of | 35975 |
this section. | 35976 |
Sec. 5122.31. All certificates, applications, records, and | 35977 |
reports made for the purpose of this chapter and sections 2945.38, | 35978 |
2945.39, 2945.40, 2945.401, and 2945.402 of the Revised Code, | 35979 |
other than court journal entries or court docket entries, and | 35980 |
directly or indirectly identifying a patient or former patient or | 35981 |
person whose hospitalization has been sought under this chapter, | 35982 |
shall be kept confidential and shall not be disclosed by any | 35983 |
person except: | 35984 |
(A) If the person identified, or the person's legal | 35985 |
guardian, if any, or if the person is a minor, the person's parent | 35986 |
or legal guardian, consents, and if the disclosure is in the best | 35987 |
interests of the person, as may be determined by the court for | 35988 |
judicial records and by the chief clinical officer for medical | 35989 |
records; | 35990 |
(B) When disclosure is provided for in this chapter or | 35991 |
section 5123.60 of the Revised Code; | 35992 |
(C) That hospitals may release necessary medical information | 35993 |
to insurers to obtain payment for goods and services furnished to | 35994 |
the patient; | 35995 |
(D) Pursuant to a court order signed by a judge; | 35996 |
(E) That a patient shall be granted access to the patient's | 35997 |
own psychiatric and medical records, unless access specifically is | 35998 |
restricted in a patient's treatment plan for clear treatment | 35999 |
reasons; | 36000 |
(F) That hospitals and other institutions and facilities | 36001 |
within the department of mental health may exchange psychiatric | 36002 |
records and other pertinent information with other hospitals, | 36003 |
institutions, and facilities of the department, and with community | 36004 |
mental health agencies and boards of alcohol, drug addiction, and | 36005 |
mental health services with which the department has a current | 36006 |
agreement for patient care or services. Records and information | 36007 |
that may be released pursuant to this division shall be limited to | 36008 |
medication history, physical health status and history, financial | 36009 |
status, summary of course of treatment in the hospital, summary of | 36010 |
treatment needs, and a discharge summary, if any. | 36011 |
(G) That a patient's family member who is involved in the | 36012 |
provision, planning, and monitoring of services to the patient may | 36013 |
receive medication information, a summary of the patient's | 36014 |
diagnosis and prognosis, and a list of the services and personnel | 36015 |
available to assist the patient and the patient's family, if the | 36016 |
patient's treating physician determines that the disclosure would | 36017 |
be in the best interests of the patient. No such disclosure shall | 36018 |
be made unless the patient is notified first and receives the | 36019 |
information and does not object to the disclosure. | 36020 |
(H) That community mental health agencies may exchange | 36021 |
psychiatric records and certain other information with the board | 36022 |
of alcohol, drug addiction, and mental health services and other | 36023 |
agencies in order to provide services to a person involuntarily | 36024 |
committed to a board. Release of records under this division | 36025 |
shall be limited to medication history, physical health status and | 36026 |
history, financial status, summary of course of treatment, summary | 36027 |
of treatment needs, and discharge summary, if any. | 36028 |
(I) That information may be disclosed to the executor or the | 36029 |
administrator of an estate of a deceased patient when the | 36030 |
information is necessary to administer the estate; | 36031 |
(J) That records in the possession of the Ohio historical | 36032 |
society may be released to the closest living relative of a | 36033 |
deceased patient upon request of that relative; | 36034 |
(K) That information may be disclosed to staff members of | 36035 |
the appropriate board or to staff members designated by the | 36036 |
director of mental health for the purpose of evaluating the | 36037 |
quality, effectiveness, and efficiency of services and determining | 36038 |
if the services meet minimum standards. Information obtained | 36039 |
during such evaluations shall not be retained with the name of any | 36040 |
patient. | 36041 |
(L) That records pertaining to the patient's diagnosis, | 36042 |
course of treatment, treatment needs, and prognosis shall be | 36043 |
disclosed and released to the appropriate prosecuting attorney if | 36044 |
the patient was committed pursuant to section 2945.38, 2945.39, | 36045 |
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 36046 |
attorney designated by the board for proceedings pursuant to | 36047 |
involuntary commitment under this chapter. | 36048 |
(M) That the department of mental health may exchange | 36049 |
psychiatric hospitalization records, other mental health treatment | 36050 |
records, and other pertinent information with the department of | 36051 |
rehabilitation and correction to ensure continuity of care for | 36052 |
inmates who are receiving mental health services in an institution | 36053 |
of the department of rehabilitation and correction. The | 36054 |
department shall not disclose those records unless the inmate is | 36055 |
notified, receives the information, and does not object to the | 36056 |
disclosure. The release of records under this division is limited | 36057 |
to records regarding an inmate's medication history, physical | 36058 |
health status and history, summary of course of treatment, summary | 36059 |
of treatment needs, and a discharge summary, if any. | 36060 |
(N) That a community mental health agency that ceases to | 36061 |
operate may transfer to either a community mental health agency | 36062 |
that assumes its caseload or to the board of alcohol, drug | 36063 |
addiction, and mental health services of the service district in | 36064 |
which the patient resided at the time services were most recently | 36065 |
provided any treatment records that have not been transferred | 36066 |
elsewhere at the patient's request. | 36067 |
(O) Before records are disclosed pursuant to divisions (C), | 36068 |
(F), and (H) of this section, the custodian of the records shall | 36069 |
attempt to obtain the patient's consent for the disclosure. No | 36070 |
person shall reveal the contents of a medical record of a patient | 36071 |
except as authorized by law. | 36072 |
Sec. 5123.01. As used in this chapter: | 36073 |
(A) "Chief medical officer" means the licensed physician | 36074 |
appointed by the managing officer of an institution for the | 36075 |
mentally retarded with the approval of the director of mental | 36076 |
retardation and developmental disabilities to provide medical | 36077 |
treatment for residents of the institution. | 36078 |
(B) "Chief program director" means a person with special | 36079 |
training and experience in the diagnosis and management of the | 36080 |
mentally retarded, certified according to division (C) of this | 36081 |
section in at least one of the designated fields, and appointed by | 36082 |
the managing officer of an institution for the mentally retarded | 36083 |
with the approval of the director to provide habilitation and care | 36084 |
for residents of the institution. | 36085 |
(C) "Comprehensive evaluation" means a study, including a | 36086 |
sequence of observations and examinations, of a person leading to | 36087 |
conclusions and recommendations formulated jointly, with | 36088 |
dissenting opinions if any, by a group of persons with special | 36089 |
training and experience in the diagnosis and management of persons | 36090 |
with mental retardation or a developmental disability, which group | 36091 |
shall include individuals who are professionally qualified in the | 36092 |
fields of medicine, psychology, and social work, together with | 36093 |
such other specialists as the individual case may require. | 36094 |
(D) "Education" means the process of formal training and | 36095 |
instruction to facilitate the intellectual and emotional | 36096 |
development of residents. | 36097 |
(E) "Habilitation" means the process by which the staff of | 36098 |
the institution assists the resident in acquiring and maintaining | 36099 |
those life skills that enable the resident to cope more | 36100 |
effectively with the demands of the resident's own person and of | 36101 |
the resident's environment and in raising the level of the | 36102 |
resident's physical, mental, social, and vocational efficiency. | 36103 |
Habilitation includes but is not limited to programs of formal, | 36104 |
structured education and training. | 36105 |
(F) "Habilitation center services" means services provided by | 36106 |
a habilitation center certified by the department of mental | 36107 |
retardation and developmental disabilities under section 5123.041 | 36108 |
of the Revised Code and covered by the medicaid program pursuant | 36109 |
to rules adopted under section 5111.041 of the Revised Code. | 36110 |
(G) "Health officer" means any public health physician, | 36111 |
public health nurse, or other person authorized or designated by a | 36112 |
city or general health district. | 36113 |
| 36114 |
medicaid-funded home or community-based services provided under a | 36115 |
medicaid component the department of mental retardation and | 36116 |
developmental disabilities administers pursuant to section | 36117 |
5111.871 of the Revised Code. | 36118 |
(I) "Indigent person" means a person who is unable, | 36119 |
without substantial financial hardship, to provide for the payment | 36120 |
of an attorney and for other necessary expenses of legal | 36121 |
representation, including expert testimony. | 36122 |
| 36123 |
part of a public or private facility, that is licensed by the | 36124 |
appropriate state department and is equipped to provide | 36125 |
residential habilitation, care, and treatment for the mentally | 36126 |
retarded. | 36127 |
| 36128 |
certificate issued under Chapter 4731. of the Revised Code | 36129 |
authorizing the person to practice medicine and surgery or | 36130 |
osteopathic medicine and surgery, or a medical officer of the | 36131 |
government of the United States while in the performance of the | 36132 |
officer's official duties. | 36133 |
| 36134 |
the director of mental retardation and developmental disabilities | 36135 |
to be in executive control of an institution for the mentally | 36136 |
retarded under the jurisdiction of the department. | 36137 |
| 36138 |
of the Revised Code. | 36139 |
(N) "Medicaid case management services" means case | 36140 |
management services provided to an individual with mental | 36141 |
retardation or other developmental disability that the state | 36142 |
medicaid plan requires. | 36143 |
(O) "Mentally retarded person" means a person having | 36144 |
significantly subaverage general intellectual functioning existing | 36145 |
concurrently with deficiencies in adaptive behavior, manifested | 36146 |
during the developmental period. | 36147 |
| 36148 |
institutionalization by court order" means a person eighteen years | 36149 |
of age or older who is at least moderately mentally retarded and | 36150 |
in relation to whom, because of the person's retardation, either | 36151 |
of the following conditions exist: | 36152 |
(1) The person represents a very substantial risk of | 36153 |
physical impairment or injury to self as manifested by evidence | 36154 |
that the person is unable to provide for and is not providing for | 36155 |
the person's most basic physical needs and that provision for | 36156 |
those needs is not available in the community; | 36157 |
(2) The person needs and is susceptible to significant | 36158 |
habilitation in an institution. | 36159 |
| 36160 |
retarded" means a person who is found, following a comprehensive | 36161 |
evaluation, to be impaired in adaptive behavior to a moderate | 36162 |
degree and to be functioning at the moderate level of intellectual | 36163 |
functioning in accordance with standard measurements as recorded | 36164 |
in the most current revision of the manual of terminology and | 36165 |
classification in mental retardation published by the American | 36166 |
association on mental retardation. | 36167 |
| 36168 |
limitation," "developmental delay," and "established risk" have | 36169 |
the meanings established pursuant to section 5123.011 of the | 36170 |
Revised Code. | 36171 |
"Developmental disability" means a severe, chronic disability | 36172 |
that is characterized by all of the following: | 36173 |
(1) It is attributable to a mental or physical impairment or | 36174 |
a combination of mental and physical impairments, other than a | 36175 |
mental or physical impairment solely caused by mental illness as | 36176 |
defined in division (A) of section 5122.01 of the Revised Code. | 36177 |
(2) It is manifested before age twenty-two. | 36178 |
(3) It is likely to continue indefinitely. | 36179 |
(4) It results in one of the following: | 36180 |
(a) In the case of a person under three years of age, at | 36181 |
least one developmental delay or an established risk; | 36182 |
(b) In the case of a person at least three years of age but | 36183 |
under six years of age, at least two developmental delays or an | 36184 |
established risk; | 36185 |
(c) In the case of a person six years of age or older, a | 36186 |
substantial functional limitation in at least three of the | 36187 |
following areas of major life activity, as appropriate for the | 36188 |
person's age: self-care, receptive and expressive language, | 36189 |
learning, mobility, self-direction, capacity for independent | 36190 |
living, and, if the person is at least sixteen years of age, | 36191 |
capacity for economic self-sufficiency. | 36192 |
(5) It causes the person to need a combination and sequence | 36193 |
of special, interdisciplinary, or other type of care, treatment, | 36194 |
or provision of services for an extended period of time that is | 36195 |
individually planned and coordinated for the person. | 36196 |
| 36197 |
a developmental disability. | 36198 |
| 36199 |
tax-supported and under the jurisdiction of the department. | 36200 |
| 36201 |
meaning as "legal settlement," which is acquired by residing in | 36202 |
Ohio for a period of one year without receiving general assistance | 36203 |
prior to July 17, 1995, under former Chapter 5113. of the Revised | 36204 |
Code, disability assistance under Chapter 5115. of the Revised | 36205 |
Code, or assistance from a private agency that maintains records | 36206 |
of assistance given. A person having a legal settlement in the | 36207 |
state shall be considered as having legal settlement in the | 36208 |
assistance area in which the person resides. No adult person | 36209 |
coming into this state and having a spouse or minor children | 36210 |
residing in another state shall obtain a legal settlement in this | 36211 |
state as long as the spouse or minor children are receiving public | 36212 |
assistance, care, or support at the expense of the other state or | 36213 |
its subdivisions. For the purpose of determining the legal | 36214 |
settlement of a person who is living in a public or private | 36215 |
institution or in a home subject to licensing by the department of | 36216 |
job and family services, the department of mental health, or the | 36217 |
department of mental retardation and developmental disabilities, | 36218 |
the residence of the person shall be considered as though the | 36219 |
person were residing in the county in which the person was living | 36220 |
prior to the person's entrance into the institution or home. | 36221 |
Settlement once acquired shall continue until a person has been | 36222 |
continuously absent from Ohio for a period of one year or has | 36223 |
acquired a legal residence in another state. A woman who marries | 36224 |
a man with legal settlement in any county immediately acquires the | 36225 |
settlement of her husband. The legal settlement of a minor is | 36226 |
that of the parents, surviving parent, sole parent, parent who is | 36227 |
designated the residential parent and legal custodian by a court, | 36228 |
other adult having permanent custody awarded by a court, or | 36229 |
guardian of the person of the minor, provided that: | 36230 |
(1) A minor female who marries shall be considered to have | 36231 |
the legal settlement of her husband and, in the case of death of | 36232 |
her husband or divorce, she shall not thereby lose her legal | 36233 |
settlement obtained by the marriage. | 36234 |
(2) A minor male who marries, establishes a home, and who | 36235 |
has resided in this state for one year without receiving general | 36236 |
assistance prior to July 17, 1995, under former Chapter 5113. of | 36237 |
the Revised Code, disability assistance under Chapter 5115. of the | 36238 |
Revised Code, or assistance from a private agency that maintains | 36239 |
records of assistance given shall be considered to have obtained a | 36240 |
legal settlement in this state. | 36241 |
(3) The legal settlement of a child under eighteen years of | 36242 |
age who is in the care or custody of a public or private child | 36243 |
caring agency shall not change if the legal settlement of the | 36244 |
parent changes until after the child has been in the home of the | 36245 |
parent for a period of one year. | 36246 |
No person, adult or minor, may establish a legal settlement | 36247 |
in this state for the purpose of gaining admission to any state | 36248 |
institution. | 36249 |
| 36250 |
this section, a person who is admitted either voluntarily or | 36251 |
involuntarily to an institution or other facility pursuant to | 36252 |
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 36253 |
Code subsequent to a finding of not guilty by reason of insanity | 36254 |
or incompetence to stand trial or under this chapter who is under | 36255 |
observation or receiving habilitation and care in an institution. | 36256 |
(2) "Resident" does not include a person admitted to an | 36257 |
institution or other facility under section 2945.39, 2945.40, | 36258 |
2945.401, or 2945.402 of the Revised Code to the extent that the | 36259 |
reference in this chapter to resident, or the context in which the | 36260 |
reference occurs, is in conflict with any provision of sections | 36261 |
2945.37 to 2945.402 of the Revised Code. | 36262 |
| 36263 |
commitment, or continued commitment is being sought in any | 36264 |
proceeding under this chapter. | 36265 |
| 36266 |
Wednesday, Thursday, and Friday, except when such day is a legal | 36267 |
holiday. | 36268 |
| 36269 |
solicitor, city director of law, or similar chief legal officer | 36270 |
who prosecuted a criminal case in which a person was found not | 36271 |
guilty by reason of insanity, who would have had the authority to | 36272 |
prosecute a criminal case against a person if the person had not | 36273 |
been found incompetent to stand trial, or who prosecuted a case in | 36274 |
which a person was found guilty. | 36275 |
| 36276 |
common pleas. | 36277 |
Sec. 5123.041. (A) As used in this section, "habilitation | 36278 |
center" means a
habilitation center
| 36279 |
36280 | |
center services under section 5111.041 of the Revised Code. | 36281 |
(B) The department of mental retardation and developmental | 36282 |
disabilities shall do all of the following pursuant to an | 36283 |
interagency agreement with the department of job and family | 36284 |
services entered into under section 5111.86 of the Revised Code: | 36285 |
(1) Certify habilitation centers that meet the certification | 36286 |
requirements established by rules adopted by the director of job | 36287 |
and family services under section 5111.041 of the Revised Code; | 36288 |
(2) Accept and process medicaid reimbursement claims from | 36289 |
habilitation centers providing habilitation center services to | 36290 |
medicaid recipients under section 5111.041 of the Revised Code; | 36291 |
(3) With medicaid funds provided to the department from the | 36292 |
department of job and family services, pay the medicaid | 36293 |
reimbursement claims accepted and processed under division (B)(2) | 36294 |
of this section; | 36295 |
(4) Perform the other duties included in the interagency | 36296 |
agreement. | 36297 |
(C) The director of mental retardation and developmental | 36298 |
disabilities shall adopt rules in accordance with Chapter 119. of | 36299 |
the Revised Code that do all of the following: | 36300 |
(1)
| 36301 |
of habilitation centers; | 36302 |
(2)
| 36303 |
36304 |
| 36305 |
(D) of this section; | 36306 |
| 36307 |
developmental disabilities will
| 36308 |
36309 | |
section. | 36310 |
| 36311 |
36312 |
(D) The department of mental retardation and developmental | 36313 |
disabilities may assess the fee established by rule under division | 36314 |
| 36315 |
36316 | |
section. The fee may be retained from any
| 36317 |
department
| 36318 |
36319 | |
36320 |
Sec. 5123.044. The department of mental retardation and | 36321 |
developmental disabilities shall determine whether county boards | 36322 |
of mental retardation and developmental disabilities are complying | 36323 |
with section 5126.047 of the Revised Code in accordance with a | 36324 |
methodology the department shall establish. The department shall | 36325 |
provide assistance to an individual with mental retardation or | 36326 |
other developmental disability who requests assistance with the | 36327 |
individual's right under section 5126.047 of the Revised Code to | 36328 |
choose a provider of habilitation, vocational, community | 36329 |
employment, residential, or supported living services or if the | 36330 |
department is notified of a county board's alleged violation of | 36331 |
the individual's right to choose such a provider. | 36332 |
Sec. 5123.045. (A) No person or government entity shall | 36333 |
receive payment for providing home or community-based services | 36334 |
unless certified under this section or certified as a supported | 36335 |
living provider under section 5126.431 of the Revised Code. | 36336 |
(B) The department of mental retardation and developmental | 36337 |
disabilities shall do both of the following in accordance with | 36338 |
Chapter 119. of the Revised Code: | 36339 |
(1) Certify a person or government entity to provide home | 36340 |
or community-based services if the person or government entity | 36341 |
satisfies the requirements for certification established by rules | 36342 |
adopted under division (C) of this section; | 36343 |
(2) Revoke a certificate when required to do so by rules | 36344 |
adopted under division (C) of this section. | 36345 |
(C) The director of mental retardation and developmental | 36346 |
disabilities shall adopt rules in accordance with Chapter 119. of | 36347 |
the Revised Code establishing certification requirements and | 36348 |
procedures for a person or government entity that seeks to provide | 36349 |
home or community-based services and is not certified as a | 36350 |
supported living provider under section 5126.431 of the Revised | 36351 |
Code. The rules shall include procedures for all of the | 36352 |
following: | 36353 |
(1) Ensuring that providers comply with section 5126.281 of | 36354 |
the Revised Code; | 36355 |
(2) Evaluating the services provided to ensure that they | 36356 |
are provided in a quality manner advantageous to the individual | 36357 |
receiving the services and protecting the due process rights of | 36358 |
any person affected by a decision made following an evaluation. | 36359 |
The procedures shall require that all of the following be | 36360 |
considered as part of an evaluation: | 36361 |
(a) The provider's experience and financial | 36362 |
responsibility; | 36363 |
(b) The provider's ability to comply with standards for the | 36364 |
home or community-based services that the provider provides; | 36365 |
(c) The provider's ability to meet the needs of the | 36366 |
individuals served; | 36367 |
(d) Any other factor the director considers relevant. | 36368 |
(3) Revoking a provider's certificate. The procedures may | 36369 |
include revoking a certificate for good cause, including | 36370 |
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, | 36371 |
financial irresponsibility, or other conduct the director | 36372 |
determines is injurious to individuals being served. | 36373 |
(D) The rules adopted under division (C) of this section | 36374 |
shall allow a person or government entity to automatically satisfy | 36375 |
a requirement for certification under this section if the person | 36376 |
holds a current, valid license under section 5123.19 of the | 36377 |
Revised Code to operate a residential facility and had to satisfy | 36378 |
the requirement to obtain the residential facility license. | 36379 |
(E) The records of an evaluation conducted in accordance | 36380 |
with rules adopted under division (C)(2) of this section are | 36381 |
public records for purposes of section 149.43 of the Revised Code | 36382 |
and shall be made available on request of any person, including | 36383 |
individuals being served, individuals seeking home or | 36384 |
community-based services, and county boards of mental retardation | 36385 |
and developmental disabilities. | 36386 |
Sec. 5123.046. The department of mental retardation and | 36387 |
developmental disabilities shall review each plan it receives from | 36388 |
a county board of mental retardation and developmental | 36389 |
disabilities under section 5126.054 of the Revised Code and, in | 36390 |
consultation with the department of job and family services and | 36391 |
office of budget and management, approve each plan that includes | 36392 |
all the information and conditions specified in that section. A | 36393 |
plan shall be approved or disapproved not later than forty-five | 36394 |
days after the last of the plan's components are submitted to the | 36395 |
department under division (B) of section 5126.054 of the Revised | 36396 |
Code. | 36397 |
In approving plans under this section, the department | 36398 |
shall ensure that the aggregate of all plans provide for the | 36399 |
increased enrollment into home or community-based services during | 36400 |
each state fiscal year of at least five hundred individuals who | 36401 |
did not receive residential services, supported living, or home or | 36402 |
community-based services the prior state fiscal year if the | 36403 |
department has enough additional enrollment available for this | 36404 |
purpose. | 36405 |
If it approves a county board's plan, the department may | 36406 |
authorize distribution to the county board of amounts the | 36407 |
department has allocated to the county board for home or | 36408 |
community-based services. The department may distribute the | 36409 |
amounts within fifteen days of the distribution authorization. The | 36410 |
department may distribute the amounts directly to the county board | 36411 |
or assign the amounts to home or community-based service | 36412 |
allocations used for payment authorization of home or | 36413 |
community-based services. | 36414 |
The department shall establish accountability mechanisms | 36415 |
that the department shall use to determine whether a county board | 36416 |
is complying with the programmatic and financial outcomes | 36417 |
specified its approved plan. If the department determines that a | 36418 |
county board is not in compliance with the programmatic or | 36419 |
financial outcomes specified in its approved plan, the department | 36420 |
may take corrective action, including either of the following: | 36421 |
(A) Providing the county board technical assistance; | 36422 |
(B) Suspending the county board's plan and entering into a | 36423 |
contract with a person or government entity selected by the | 36424 |
department under which the administration and implementation of | 36425 |
the plan is assigned to the person or government entity. The | 36426 |
department shall re-approve the county board's plan and allow the | 36427 |
county board to resume administration and implementation of the | 36428 |
plan when the department is satisfied that the county board has | 36429 |
successfully implemented all parts of a plan of correction and is | 36430 |
capable of complying with the programmatic or financial outcomes | 36431 |
specified in the plan. | 36432 |
Sec. 5123.047. (A) The department of mental retardation and | 36433 |
developmental disabilities shall pay the nonfederal share of | 36434 |
medicaid expenditures for habilitation center services provided to | 36435 |
an individual with mental retardation or other developmental | 36436 |
disability unless section 5111.041 of the Revised Code requires a | 36437 |
county board of mental retardation and developmental disabilities | 36438 |
or a school district to pay the nonfederal share. | 36439 |
(B) The department shall pay the nonfederal share of | 36440 |
medicaid expenditures for medicaid case management services if | 36441 |
either of the following apply: | 36442 |
(1) The services are provided to an individual with mental | 36443 |
retardation or other developmental disability who a county board | 36444 |
has determined under section 5126.041 of the Revised Code is not | 36445 |
eligible for county board services; | 36446 |
(2) The services are provided to an individual with mental | 36447 |
retardation or other developmental disability by a public or | 36448 |
private agency with which the department has contracted under | 36449 |
section 5123.56 of the Revised Code to provide protective services | 36450 |
to the individual. | 36451 |
(C) The department shall pay the nonfederal share of | 36452 |
medicaid expenditures for home or community-based services | 36453 |
provided to an individual with mental retardation or other | 36454 |
developmental disability who a county board has determined under | 36455 |
section 5126.041 of the Revised Code is not eligible for county | 36456 |
board services. | 36457 |
Sec. 5123.048. (A) For state fiscal year 2002, the | 36458 |
department of mental retardation and developmental disabilities | 36459 |
shall assign to a county board of mental retardation and | 36460 |
developmental disabilities the nonfederal share of medicaid | 36461 |
expenditures for habilitation center services that a private | 36462 |
habilitation center provides if all of the following apply: | 36463 |
(1) The individuals who receive the services also received | 36464 |
the services from the center pursuant to a contract the center had | 36465 |
with the department in state fiscal year 2001; | 36466 |
(2) The county board determined under section 5126.041 of | 36467 |
the Revised Code that the individuals who receive the services are | 36468 |
eligible for county board services; | 36469 |
(3) The county board contracts with the center to provide | 36470 |
the services after the center's contract with the department ends. | 36471 |
(B) The department shall also make the assignment under | 36472 |
division (A) of this section for each successive state fiscal year | 36473 |
that the county board contracts with the private habilitation | 36474 |
center to provide the habilitation center services to the | 36475 |
individuals who received the services pursuant to the contract the | 36476 |
department had with the center in state fiscal year 2001. | 36477 |
(C) The amount the department shall assign under | 36478 |
divisions (A) and (B) of this section shall be adequate to ensure | 36479 |
that the habilitation center services the individuals receive are | 36480 |
comparable in scope to the habilitation center services they | 36481 |
received when the private habilitation center was under contract | 36482 |
with the department. | 36483 |
(D) A county board shall use the assignment it receives | 36484 |
under divisions (A) and (B) of this section to pay the nonfederal | 36485 |
share of the medicaid expenditures for the habilitation center | 36486 |
services the county board is required by division (D) of section | 36487 |
5111.041 of the Revised Code to pay. | 36488 |
Sec. 5123.049. The director of mental retardation and | 36489 |
developmental disabilities shall adopt rules in accordance with | 36490 |
Chapter 119. of the Revised Code governing the authorization and | 36491 |
payment of home or community-based services, medicaid case | 36492 |
management services, and habilitation center services. The rules | 36493 |
shall provide for private providers of the services to receive one | 36494 |
hundred per cent of the medicaid allowable payment amount and for | 36495 |
government providers of the services to receive the federal share | 36496 |
of the medicaid allowable payment, less the amount withheld as a | 36497 |
fee under section 5123.0412 of the Revised Code and any amount | 36498 |
that may be required to be deposited into a county MR/DD medicaid | 36499 |
reserve fund under section 5705.091 of the Revised Code. The | 36500 |
rules shall establish the process by which county boards of mental | 36501 |
retardation and developmental disabilities shall certify and | 36502 |
provide the nonfederal share of medicaid expenditures that the | 36503 |
county board is required by division (A) of section 5126.056 of | 36504 |
the Revised Code to pay. | 36505 |
Sec. 5123.0410. (A) An individual with mental retardation or | 36506 |
other developmental disability who moves from one county in this | 36507 |
state to another county in this state shall receive home or | 36508 |
community-based services in the new county that are comparable in | 36509 |
scope to the home or community-based services the individual | 36510 |
receives in the prior county at the time the individual moves. If | 36511 |
the county board serving the county to which the individual moves | 36512 |
determines under section 5126.041 of the Revised Code that the | 36513 |
individual is eligible for county board services, the county board | 36514 |
shall ensure that the individual receives the comparable services. | 36515 |
If the county board does not make that determination, the | 36516 |
department of mental retardation and developmental disabilities | 36517 |
shall ensure that the individual receives the comparable services. | 36518 |
If the home or community-based services that the | 36519 |
individual receives at the time the individual moves includes | 36520 |
residential services, the department shall reduce the amount the | 36521 |
department allocates to the county board serving the county the | 36522 |
individual left for those residential services by an amount that | 36523 |
equals the payment the department authorizes or projects, or both, | 36524 |
for those services from the last day the individual resides in the | 36525 |
county to the last day of the state fiscal year in which the | 36526 |
individual moves. The department shall increase the amount the | 36527 |
department allocates to the county board serving the county the | 36528 |
individual moves to by the same amount. The department shall make | 36529 |
the reduction and increase effective the day the department | 36530 |
determines the individual has residence in the new county. The | 36531 |
department shall determine the amount that is to be reduced and | 36532 |
increased in accordance with the department's rules for | 36533 |
authorizing payments for home or community-based services | 36534 |
established adopted under section 5123.049 of the Revised Code. | 36535 |
The department shall annualize the reduction and increase for the | 36536 |
subsequent state fiscal year as necessary. | 36537 |
Sec. 5123.0411. The department of mental retardation and | 36538 |
developmental disabilities may bring a mandamus action against a | 36539 |
county board of mental retardation and developmental disabilities | 36540 |
that fails to pay the nonfederal share of medicaid expenditures | 36541 |
that the county board is required by division (A) of section | 36542 |
5126.056 of the Revised Code to pay. The department may bring the | 36543 |
mandamus action in the court of common pleas of the county served | 36544 |
by the county board or in the Franklin county court of common | 36545 |
pleas. | 36546 |
Sec. 5123.0412. (A) At times the department of mental | 36547 |
retardation and developmental disabilities determines, the | 36548 |
department shall charge each county board of mental retardation | 36549 |
and developmental disabilities a fee equal to one per cent of the | 36550 |
total value of all medicaid paid claims for habilitation center | 36551 |
services, medicaid case management services, and home or | 36552 |
community-based services for which the county board contracts or | 36553 |
provides itself. No county board shall pass the cost of a fee | 36554 |
charged to the county board under this section on to a person or | 36555 |
government entity with which the county board contracts to provide | 36556 |
the services. | 36557 |
(B) Two-thirds of the fees collected under this section | 36558 |
shall be deposited into ODMR/DD administration and oversight fund, | 36559 |
which is hereby created in the state treasury. One-third of the | 36560 |
fees collected under this section shall be deposited into the | 36561 |
ODJFS administration and oversight fund, which is hereby created | 36562 |
in the state treasury. The department of mental retardation and | 36563 |
developmental disabilities shall use the money in the ODMR/DD | 36564 |
administration and oversight fund and the department of job and | 36565 |
family services shall use the money in the ODJFS administration | 36566 |
and oversight fund for both of the following purposes: | 36567 |
(1) The administrative and oversight costs of habilitation | 36568 |
center services, medicaid case management services, and home or | 36569 |
community-based services that a county board develops and monitors | 36570 |
and the county board or a person or government entity under | 36571 |
contract with the county board provides. The administrative and | 36572 |
oversight costs shall include costs for staff, systems, and other | 36573 |
resources the departments need and dedicate solely to the | 36574 |
following duties associated with the services: | 36575 |
(a) Eligibility determinations; | 36576 |
(b) Training; | 36577 |
(c) Fiscal management; | 36578 |
(d) Claims processing; | 36579 |
(e) Quality assurance oversight; | 36580 |
(f) Other duties the departments identify. | 36581 |
(2) Providing technical support to county boards' local | 36582 |
administrative authority under section 5126.055 of the Revised | 36583 |
Code for the services. | 36584 |
(C) The departments of mental retardation and developmental | 36585 |
disabilities and job and family services shall enter into an | 36586 |
interagency agreement to provide for the departments to coordinate | 36587 |
the staff whose costs are paid for with money in the ODMR/DD | 36588 |
administration and oversight fund and the ODJFS administration and | 36589 |
oversight fund. | 36590 |
(D) The departments shall submit an annual report to the | 36591 |
director of budget and management certifying how the departments | 36592 |
spent the money in the ODMR/DD administration and oversight fund | 36593 |
and the ODJFS administration and oversight fund for the purposes | 36594 |
specified in division (B) of this section. | 36595 |
Sec. 5123.0413. The department of mental retardation and | 36596 |
developmental disabilities, in consultation with the department of | 36597 |
job and family services and county boards of mental retardation | 36598 |
and developmental disabilities, shall plan for the establishment, | 36599 |
funding, and management of one or more of the following to pay for | 36600 |
extraordinary costs, including extraordinary costs for services to | 36601 |
individuals with mental retardation or other developmental | 36602 |
disability, and ensure the availability of adequate funds in the | 36603 |
event a county property tax levy for services for individuals with | 36604 |
mental retardation or other developmental disability fails: | 36605 |
(A) County MR/DD medicaid reserve funds; | 36606 |
(B) A state MR/DD risk fund; | 36607 |
(C) A state insurance against MR/DD risk fund. | 36608 |
Sec. 5123.60. (A) A legal rights service is hereby created | 36609 |
and established to protect and advocate the rights of mentally ill | 36610 |
persons, mentally retarded persons, developmentally disabled | 36611 |
persons, and other disabled persons who may be represented by the | 36612 |
service pursuant to division (L) of this section; to receive and | 36613 |
act upon complaints concerning institutional and hospital | 36614 |
practices and conditions of institutions for mentally retarded or | 36615 |
developmentally disabled persons and hospitals for the mentally | 36616 |
ill; and to assure that all persons detained, hospitalized, | 36617 |
discharged, or institutionalized, and all persons whose detention, | 36618 |
hospitalization, discharge, or institutionalization is sought or | 36619 |
has been sought under this chapter or Chapter 5122. of the Revised | 36620 |
Code are fully informed of their rights and adequately represented | 36621 |
by counsel in proceedings under this chapter or Chapter 5122. of | 36622 |
the Revised Code and in any proceedings to secure the rights of | 36623 |
| 36624 |
retarded person" and "developmentally disabled person" in section | 36625 |
5123.01 of the Revised Code, the legal rights service shall | 36626 |
determine who is a mentally retarded or developmentally disabled | 36627 |
person for purposes of this section and sections 5123.601 to | 36628 |
5123.604 of the Revised Code. | 36629 |
(B) In regard to those persons detained, hospitalized, or | 36630 |
institutionalized under Chapter 5122. of the Revised Code, the | 36631 |
legal rights service shall undertake formal representation only of | 36632 |
those persons who are involuntarily detained, hospitalized, or | 36633 |
institutionalized pursuant to sections 5122.10 to 5122.15 of the | 36634 |
Revised Code, and those voluntarily detained, hospitalized, or | 36635 |
institutionalized who are minors, who have been adjudicated | 36636 |
incompetent, who have been detained, hospitalized, or | 36637 |
institutionalized in a public hospital, or who have requested | 36638 |
representation by the legal rights service. If a person referred | 36639 |
to in division (A) of this section voluntarily requests in writing | 36640 |
that the legal rights service terminate participation in the | 36641 |
person's case, such involvement shall cease. | 36642 |
(C) Any person voluntarily hospitalized or institutionalized | 36643 |
in a public hospital under division (A) of section 5122.02 of the | 36644 |
Revised Code, after being fully informed of the person's rights | 36645 |
| 36646 |
request, waive assistance by the legal rights service if the | 36647 |
waiver is knowingly and intelligently made, without duress or | 36648 |
coercion. | 36649 |
The waiver may be rescinded at any time by the voluntary | 36650 |
patient or resident, or by the voluntary patient's or resident's | 36651 |
legal guardian. | 36652 |
(D)(1) The legal rights service commission is hereby created | 36653 |
for the purposes of appointing an administrator of the legal | 36654 |
rights service, advising the administrator, assisting the | 36655 |
administrator in developing a budget, and establishing general | 36656 |
policy guidelines for the legal rights service. The commission | 36657 |
may receive and act upon appeals of personnel decisions by the | 36658 |
administrator. | 36659 |
(2) The commission shall consist of seven members. One | 36660 |
member, who shall serve as chairperson, shall be appointed by the | 36661 |
chief justice of the supreme court, three members shall be | 36662 |
appointed by the speaker of the house of representatives, and | 36663 |
three members shall be appointed by the president of the senate. | 36664 |
At least two members shall have experience in the field of | 36665 |
developmental disabilities, and at least two members shall have | 36666 |
experience in the field of mental health. No member shall be a | 36667 |
provider or related to a provider of services to mentally | 36668 |
retarded,
developmentally disabled, or mentally ill persons.
| 36669 |
(3) Terms of office of the members of the commission shall | 36670 |
be for three years, each term ending on the same day of the month | 36671 |
of the year as did the term which it succeeds. Each member shall | 36672 |
serve subsequent to the expiration of the member's term until a | 36673 |
successor is appointed and qualifies, or until sixty days has | 36674 |
elapsed, whichever occurs first.
| 36675 |
than two consecutive terms. | 36676 |
All vacancies in the membership of the commission shall be | 36677 |
filled in the manner prescribed for
| 36678 |
the commission and shall be limited to
the unexpired terms.
| 36679 |
36680 |
(4) The commission shall meet at least four times each year. | 36681 |
Members shall be reimbursed for their necessary and actual | 36682 |
expenses incurred in the performance of their official duties. | 36683 |
(5) The administrator of the legal rights service shall be | 36684 |
appointed for a five-year term, subject to removal for mental or | 36685 |
physical incapacity to perform the duties of the office, | 36686 |
conviction of violation of any law relating to the administrator's | 36687 |
powers and duties, or other good cause shown. | 36688 |
The administrator shall be a person who has had special | 36689 |
training and experience in the type of work with which the legal | 36690 |
rights service is charged. If the administrator is not an | 36691 |
attorney, the administrator shall seek legal counsel when | 36692 |
appropriate. The salary of the administrator shall be established | 36693 |
in accordance with section 124.14 of the Revised Code. | 36694 |
(E) The legal rights service shall be completely independent | 36695 |
of the department of mental health and the department of mental | 36696 |
retardation and developmental disabilities and, notwithstanding | 36697 |
section 109.02 of the Revised Code, shall also be independent of | 36698 |
the office of the attorney general. The administrator of the | 36699 |
legal rights service, staff, and attorneys designated by the | 36700 |
administrator to represent persons detained, hospitalized, or | 36701 |
institutionalized under this chapter or Chapter 5122. of the | 36702 |
Revised Code shall have ready access to the following: | 36703 |
(1) During normal business hours and at other reasonable | 36704 |
times,
| 36705 |
federal funds or to the commitment, care, treatment, and | 36706 |
habilitation of all persons represented by the legal rights | 36707 |
service, including those who may be represented pursuant to | 36708 |
division (L) of this section, or persons detained, hospitalized, | 36709 |
institutionalized, or receiving services under this chapter or | 36710 |
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are | 36711 |
records maintained by the following entities providing services | 36712 |
for those persons: departments; institutions; hospitals; | 36713 |
community residential facilities; boards of alcohol, drug | 36714 |
addiction, and mental health services; county boards of mental | 36715 |
retardation and developmental disabilities; contract agencies of | 36716 |
those boards; and any other entity providing services to persons | 36717 |
who may be represented by the service pursuant to division (L) of | 36718 |
this section; | 36719 |
(2)
| 36720 |
of the departments or boards or, in the case of persons who may be | 36721 |
represented by the service pursuant to division (L) of this | 36722 |
section, any other entity that provides services to those persons; | 36723 |
(3) During their normal working hours,
| 36724 |
departments, facilities, boards, agencies, institutions, | 36725 |
hospitals, and other service-providing entities; | 36726 |
(4) At any time,
| 36727 |
institutionalized; persons receiving services under this chapter | 36728 |
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and | 36729 |
persons who may be represented by the service pursuant to division | 36730 |
(L) of this section. | 36731 |
(F) The administrator of the legal rights service shall do | 36732 |
the following: | 36733 |
(1) Administer and organize the work of the legal rights | 36734 |
service and establish administrative or geographic divisions as | 36735 |
the administrator considers necessary, proper, and expedient; | 36736 |
(2) Adopt and promulgate rules and prescribe duties for the | 36737 |
efficient conduct of the business and general administration of | 36738 |
the legal rights service; | 36739 |
(3) Appoint and discharge employees, and hire
| 36740 |
consultants, advisors, or other professionally qualified persons | 36741 |
as the administrator considers necessary to carry out the duties | 36742 |
of the legal rights service; | 36743 |
(4) Apply for and accept grants of funds, and accept | 36744 |
charitable gifts and bequests; | 36745 |
(5) Prepare and submit a budget to the general assembly for | 36746 |
the operation of the legal rights service; | 36747 |
(6) Enter into contracts and make
| 36748 |
necessary for the efficient operation of the legal rights service; | 36749 |
(7) Annually prepare a report of activities and submit | 36750 |
copies of the report to the governor, the chief justice of the | 36751 |
supreme court, the president of the senate, the speaker of the | 36752 |
house of representatives, the director of mental health, and the | 36753 |
director of mental retardation and developmental disabilities, and | 36754 |
make the report available to the public. | 36755 |
(G) The legal rights service may act directly or contract | 36756 |
with other organizations or individuals for the provision of the | 36757 |
services envisioned under this section. Whenever possible, the | 36758 |
administrator shall attempt to facilitate the resolution of | 36759 |
complaints through administrative channels. If attempts at | 36760 |
administrative resolution prove unsatisfactory, the administrator | 36761 |
may pursue any legal, administrative, and other appropriate | 36762 |
remedies or approaches that may be necessary to accomplish the | 36763 |
purposes of this section if the remedies or approaches are | 36764 |
approved by an affirmative vote of at least four members of the | 36765 |
commission. Relationships between personnel and the agents of the | 36766 |
legal rights service and its clients shall be fiduciary | 36767 |
relationships, and all communications shall be confidential, as if | 36768 |
between attorney and client. | 36769 |
(H) The legal rights service, on the order of the | 36770 |
administrator, with the approval by an affirmative vote of at | 36771 |
least four members of the commission, may compel by subpoena the | 36772 |
appearance and sworn testimony of any person the administrator | 36773 |
reasonably believes may be able to provide information or to | 36774 |
produce any documents, books, records, papers, or other | 36775 |
information necessary to carry out its duties. | 36776 |
(I) The legal rights service may conduct public hearings. | 36777 |
(J) The legal rights service may request from any | 36778 |
governmental agency any cooperation, assistance, services, or data | 36779 |
that will enable it to perform its duties. | 36780 |
(K) In any malpractice action filed against the | 36781 |
administrator of the legal rights service, a member of the staff | 36782 |
of the legal rights service, or an attorney designated by the | 36783 |
administrator to perform legal services under division (E) of this | 36784 |
section, the state shall, when the administrator, member, or | 36785 |
attorney has acted in good faith and in the scope of employment, | 36786 |
indemnify the administrator, member, or attorney for any judgment | 36787 |
awarded or amount negotiated in settlement, and for any court | 36788 |
costs or legal fees incurred in defense of the claim. | 36789 |
This division does not limit or waive, and shall not be | 36790 |
construed to limit or waive, any defense that is available to the | 36791 |
legal rights service, its administrator or employees, persons | 36792 |
under a personal services contract with it, or persons designated | 36793 |
under division (E) of this section, including, but not limited to, | 36794 |
any defense available under section 9.86 of the Revised Code. | 36795 |
(L) In addition to providing services to mentally ill, | 36796 |
mentally retarded, or developmentally disabled persons, when a | 36797 |
grant authorizing the provision of services to other individuals | 36798 |
is accepted pursuant to division (F)(4) of this section, the legal | 36799 |
rights service and its ombudsperson section may provide advocacy | 36800 |
or ombudsperson services to those other individuals and exercise | 36801 |
any other authority granted by this section or sections 5123.601 | 36802 |
to 5123.604 of the Revised Code on behalf of those individuals. | 36803 |
Determinations of whether an individual is eligible for services | 36804 |
under this division shall be made by the legal rights service. | 36805 |
Sec. 5123.71. (A)(1) Proceedings for the involuntary | 36806 |
institutionalization of a person pursuant to sections 5123.71 to | 36807 |
5123.76 of the Revised Code shall be commenced by the filing of an | 36808 |
affidavit with the probate division of the court of common pleas | 36809 |
of the county where the person
| 36810 |
where the person is institutionalized, in the manner and form | 36811 |
prescribed by the department of mental retardation and | 36812 |
developmental disabilities either on information or actual | 36813 |
knowledge, whichever is determined to be proper by the court. The | 36814 |
affidavit may be filed only by a person who has custody of the | 36815 |
individual as a parent, guardian, or service provider or by a | 36816 |
person acting on behalf of the department or a county board of | 36817 |
mental retardation and developmental disabilities. This section | 36818 |
does not apply regarding the institutionalization of a person | 36819 |
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the | 36820 |
Revised Code. | 36821 |
The affidavit shall contain an allegation setting forth the | 36822 |
specific category or categories under division
| 36823 |
5123.01 of the Revised Code upon which the commencement of | 36824 |
proceedings is based and a statement of the factual ground for the | 36825 |
belief that the person is a mentally retarded person subject to | 36826 |
institutionalization by court order. Except as provided in | 36827 |
division (A)(2) of this section, the affidavit shall be | 36828 |
accompanied by both of the following: | 36829 |
(a) A comprehensive evaluation report prepared by the | 36830 |
person's evaluation team that includes a statement by the members | 36831 |
of the team certifying that they have performed a comprehensive | 36832 |
evaluation of the person and that they are of the opinion that the | 36833 |
person is a mentally retarded person subject to | 36834 |
institutionalization by court order; | 36835 |
(b) An assessment report prepared by the county board of | 36836 |
mental retardation and developmental disabilities under section | 36837 |
5123.711 of the Revised Code specifying that the individual is in | 36838 |
need of services on an emergency or priority basis. | 36839 |
(2)
| 36840 |
affidavit may be accompanied by a written and sworn statement that | 36841 |
the person or the guardian of a person adjudicated incompetent has | 36842 |
refused to allow a comprehensive evaluation and county board | 36843 |
assessment and assessment reports. Immediately after accepting an | 36844 |
affidavit that is not accompanied by the reports of a | 36845 |
comprehensive evaluation and county board assessment, the court | 36846 |
shall cause a comprehensive evaluation and county board assessment | 36847 |
of the person named in the affidavit to be performed. The | 36848 |
evaluation shall be conducted in the least restrictive environment | 36849 |
possible and the assessment shall be conducted in the same manner | 36850 |
as assessments conducted under section 5123.711 of the Revised | 36851 |
Code. The evaluation and assessment must be completed before a | 36852 |
probable cause hearing or full hearing may be held under section | 36853 |
5123.75 or 5123.76 of the Revised Code. | 36854 |
A written report of the evaluation team's findings and the | 36855 |
county board's assessment shall be filed with the court. The | 36856 |
reports shall, consistent with the rules of evidence, be accepted | 36857 |
as probative evidence in any proceeding under section 5123.75 or | 36858 |
5123.76 of the Revised Code. If the counsel for the person who is | 36859 |
evaluated or assessed is known, the court shall send to the | 36860 |
counsel a copy of the reports as soon as possible after they are | 36861 |
filed and prior to any proceedings under section 5123.75 or | 36862 |
5123.76 of the Revised Code. | 36863 |
(B)
| 36864 |
involuntarily detained in an institution or otherwise is in | 36865 |
custody under this chapter
shall be informed
| 36866 |
right to do the following: | 36867 |
(1) Immediately make a reasonable number of telephone calls | 36868 |
or use other reasonable means to contact an attorney, a physician, | 36869 |
or both, to contact any other person or persons to secure | 36870 |
representation by counsel, or to obtain medical assistance, and be | 36871 |
provided assistance in making calls if the assistance is needed | 36872 |
and requested; | 36873 |
(2) Retain counsel and have independent expert evaluation | 36874 |
and, if the person is an indigent person, be represented by | 36875 |
court-appointed counsel and have independent expert evaluation at | 36876 |
court expense; | 36877 |
(3) Upon request, have a hearing to determine whether there | 36878 |
is probable cause to believe that the person is a mentally | 36879 |
retarded person subject to institutionalization by court order. | 36880 |
(C) No person who is being treated by spiritual means | 36881 |
through prayer alone in accordance with a recognized religious | 36882 |
method of healing may be ordered detained or involuntarily | 36883 |
committed unless the court has determined that the person | 36884 |
represents a very substantial risk of self-impairment, | 36885 |
self-injury, or
impairment or injury to
| 36886 |
Sec. 5123.76. (A) The full hearing shall be conducted in a | 36887 |
manner consistent with the procedures outlined in this chapter and | 36888 |
with due process of law. The hearing shall be held by a judge of | 36889 |
the probate division or, upon transfer by the judge of the probate | 36890 |
division, by another judge of the court of common pleas, or a | 36891 |
referee designated by the judge of the probate division. Any | 36892 |
referee designated by the judge of the probate division must be an | 36893 |
attorney. | 36894 |
(1) The following shall be made available to counsel for the | 36895 |
respondent: | 36896 |
(a) All relevant documents, information, and evidence in the | 36897 |
custody or control of the state or prosecutor; | 36898 |
(b) All relevant documents, information, and evidence in the | 36899 |
custody or control of the institution, facility, or program in | 36900 |
which the respondent currently is held or in which the respondent | 36901 |
has been held pursuant to these proceedings; | 36902 |
(c) With the consent of the respondent, all relevant | 36903 |
documents, information, and evidence in the custody or control of | 36904 |
any institution or person other than the state. | 36905 |
(2) The respondent has the right to be represented by | 36906 |
counsel of the respondent's choice and has the right to attend the | 36907 |
hearing except if unusual circumstances of compelling medical | 36908 |
necessity exist that render the respondent unable to attend and | 36909 |
the respondent has not expressed a desire to attend. | 36910 |
(3) If the respondent is not represented by counsel and the | 36911 |
court determines that the conditions specified in division (A)(2) | 36912 |
of this section justify the respondent's absence and the right to | 36913 |
counsel has not been validly waived, the court shall appoint | 36914 |
counsel forthwith to represent the respondent at the hearing, | 36915 |
reserving the right to tax costs of appointed counsel to the | 36916 |
respondent unless it is shown that the respondent is indigent. If | 36917 |
the court appoints counsel, or if the court determines that the | 36918 |
evidence relevant to the respondent's absence does not justify the | 36919 |
absence, the court shall continue the case. | 36920 |
(4) The respondent shall be informed of the right to retain | 36921 |
counsel, to have independent expert evaluation, and, if an | 36922 |
indigent person, to be represented by court appointed counsel and | 36923 |
have expert independent evaluation at court expense. | 36924 |
(5) The hearing may be closed to the public unless counsel | 36925 |
for the respondent requests that the hearing be open to the | 36926 |
public. | 36927 |
(6) Unless objected to by the respondent, the respondent's | 36928 |
counsel, or the designee of the director of mental retardation and | 36929 |
developmental disabilities, the court, for good cause shown, may | 36930 |
admit persons having a legitimate interest in the proceedings. | 36931 |
(7) The affiant under section 5123.71 of the Revised Code | 36932 |
shall be subject to subpoena by either party. | 36933 |
(8) The court shall examine the sufficiency of all documents | 36934 |
filed and shall inform the respondent, if present, and the | 36935 |
respondent's counsel of the nature of the content of the documents | 36936 |
and the reason for which the respondent is being held or for which | 36937 |
the respondent's placement is being sought. | 36938 |
(9) The court shall receive only relevant, competent, and | 36939 |
material evidence. | 36940 |
(10) The designee of the director shall present the evidence | 36941 |
for the state. In proceedings under this chapter, the attorney | 36942 |
general shall present the comprehensive evaluation, assessment, | 36943 |
diagnosis, prognosis, record of habilitation and care, if any, and | 36944 |
less restrictive habilitation plans, if any. The attorney general | 36945 |
does not have a similar presentation responsibility in connection | 36946 |
with a person who has been found not guilty by reason of insanity | 36947 |
and who is the subject of a hearing under section 2945.40 of the | 36948 |
Revised Code to determine whether the person is a mentally | 36949 |
retarded person subject to institutionalization by court order. | 36950 |
(11) The respondent has the right to testify and the | 36951 |
respondent or the respondent's counsel has the right to subpoena | 36952 |
witnesses and documents and to present and cross-examine | 36953 |
witnesses. | 36954 |
(12) The respondent shall not be compelled to testify and | 36955 |
shall be so advised by the court. | 36956 |
(13) On motion of the respondent or the respondent's counsel | 36957 |
for good cause shown, or upon the court's own motion, the court | 36958 |
may order a continuance of the hearing. | 36959 |
(14) To an extent not inconsistent with this chapter, the | 36960 |
Rules of Civil Procedure shall be applicable. | 36961 |
(B) Unless, upon completion of the hearing, the court finds | 36962 |
by clear and convincing evidence that the respondent named in the | 36963 |
affidavit is a mentally retarded person subject to | 36964 |
institutionalization by court order, it shall order the | 36965 |
respondent's discharge forthwith. | 36966 |
(C) If, upon completion of the hearing, the court finds by | 36967 |
clear and convincing evidence that the respondent is a mentally | 36968 |
retarded person subject to institutionalization by court order, | 36969 |
the court may order the respondent's discharge or order the | 36970 |
respondent, for a period not to exceed ninety days, to any of the | 36971 |
following: | 36972 |
(1) A public institution, provided that commitment of the | 36973 |
respondent to the institution will not cause the institution to | 36974 |
exceed its licensed capacity determined in accordance with section | 36975 |
5123.19 of the Revised Code and provided that such a placement is | 36976 |
indicated by the comprehensive evaluation report filed pursuant to | 36977 |
section 5123.71 of the Revised Code; | 36978 |
(2) A private institution; | 36979 |
(3) A county mental retardation program; | 36980 |
(4) Receive private habilitation and care; | 36981 |
(5) Any other suitable facility, program, or the care of any | 36982 |
person consistent with the comprehensive evaluation, assessment, | 36983 |
diagnosis, prognosis, and habilitation needs of the respondent. | 36984 |
(D) Any order made pursuant to division (C)(2), (4), or (5) | 36985 |
of this section shall be conditional upon the receipt by the court | 36986 |
of consent by the facility, program, or person to accept the | 36987 |
respondent. | 36988 |
(E) In determining the place to which, or the person with | 36989 |
whom, the respondent is to be committed, the court shall consider | 36990 |
the comprehensive evaluation, assessment, diagnosis, and projected | 36991 |
habilitation plan for the respondent, and shall order the | 36992 |
implementation of the least restrictive alternative available and | 36993 |
consistent with habilitation goals. | 36994 |
(F) If, at any time it is determined by the director of the | 36995 |
facility or program to which, or the person to whom, the | 36996 |
respondent is committed that the respondent could be equally well | 36997 |
habilitated in a less restrictive environment that is available, | 36998 |
the following shall occur: | 36999 |
(1) The respondent shall be released by the director of the | 37000 |
facility or program or by the person forthwith and referred to the | 37001 |
court together with a report of the findings and recommendations | 37002 |
of the facility, program, or person. | 37003 |
(2) The director of the facility or program or the person | 37004 |
shall notify the respondent's counsel and the designee of the | 37005 |
director of mental retardation and developmental disabilities. | 37006 |
(3) The court shall dismiss the case or order placement in | 37007 |
the less restrictive environment. | 37008 |
(G)(1) Except as provided in divisions (G)(2) and (3) of | 37009 |
this section, any person who has been committed under this section | 37010 |
may apply at any time during the ninety-day period for voluntary | 37011 |
admission to an institution under section 5123.69 of the Revised | 37012 |
Code. Upon admission of a voluntary resident, the managing | 37013 |
officer immediately shall notify the court, the respondent's | 37014 |
counsel, and the designee of the director in writing of that fact | 37015 |
by mail or otherwise, and, upon receipt of the notice, the court | 37016 |
shall dismiss the case.
| 37017 |
(2)
| 37018 |
or not guilty by reason of insanity and who is committed pursuant | 37019 |
to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 37020 |
Code shall not be voluntarily admitted to an institution pursuant | 37021 |
to division (G)(1) of this section until after the termination of | 37022 |
the commitment, as described in division (J) of section 2945.401 | 37023 |
of the Revised Code. | 37024 |
(H) If, at the end of any commitment period, the respondent | 37025 |
has not already been discharged or has not requested voluntary | 37026 |
admission status, the director of the facility or program, or the | 37027 |
person to whose care the respondent has been committed, shall | 37028 |
discharge the respondent forthwith, unless at least ten days | 37029 |
before the expiration of that period the designee of the director | 37030 |
of mental retardation and developmental disabilities or the | 37031 |
prosecutor files an application with the court requesting | 37032 |
continued commitment. | 37033 |
(1) An application for continued commitment shall include a | 37034 |
written report containing a current comprehensive evaluation and | 37035 |
assessment, a diagnosis, a prognosis, an account of progress and | 37036 |
past habilitation, and a description of alternative habilitation | 37037 |
settings and plans, including a habilitation setting that is the | 37038 |
least restrictive setting consistent with the need for | 37039 |
habilitation. A copy of the application shall be provided to | 37040 |
respondent's counsel. The requirements for notice under section | 37041 |
5123.73 of the Revised Code and the provisions of divisions (A) to | 37042 |
(E) of this section apply to all hearings on such applications. | 37043 |
(2) A hearing on the first application for continued | 37044 |
commitment shall be held at the expiration of the first ninety-day | 37045 |
period. The hearing shall be mandatory and may not be waived. | 37046 |
(3) Subsequent periods of commitment not to exceed one | 37047 |
hundred eighty days each may be ordered by the court if the | 37048 |
designee of the director of mental retardation and developmental | 37049 |
disabilities files an application for continued commitment, after | 37050 |
a hearing is held on the application or without a hearing if no | 37051 |
hearing is requested and no hearing required under division (H)(4) | 37052 |
of this section is waived. Upon the application of a person | 37053 |
involuntarily committed under this section, supported by an | 37054 |
affidavit of a licensed physician alleging that the person is no | 37055 |
longer a mentally retarded person subject to institutionalization | 37056 |
by court order, the court for good cause shown may hold a full | 37057 |
hearing on the person's continued commitment prior to the | 37058 |
expiration of any subsequent period of commitment set by the | 37059 |
court. | 37060 |
(4) A mandatory hearing shall be held at least every two | 37061 |
years after the initial commitment. | 37062 |
(5) If the court, after a hearing upon a request to continue | 37063 |
commitment, finds that the respondent is a mentally retarded | 37064 |
person subject to institutionalization by court order, the court | 37065 |
may make an order pursuant to divisions (C), (D), and (E) of this | 37066 |
section. | 37067 |
(I) Notwithstanding the provisions of division (H) of this | 37068 |
section, no person who is found to be a mentally retarded person | 37069 |
subject to institutionalization by court order pursuant to | 37070 |
division
| 37071 |
held under involuntary commitment for more than five years. | 37072 |
(J) The managing officer admitting a person pursuant to a | 37073 |
judicial proceeding, within ten working days of the admission, | 37074 |
shall make a report of the admission to the department. | 37075 |
| 37076 |
Sec. 5126.01. As used in this chapter: | 37077 |
(A) "Adult services" means a range of habilitation services | 37078 |
designed to meet the individual needs of persons who are eighteen | 37079 |
years of age or over and are not enrolled in a program or service | 37080 |
under Chapter 3323. of the Revised Code, and of persons sixteen | 37081 |
and seventeen years of age who are eligible under rules adopted by | 37082 |
the director of mental retardation and developmental disabilities | 37083 |
pursuant to Chapter 119. of the Revised Code. Such services may | 37084 |
include habilitation programs and services, sheltered employment | 37085 |
providing a structured work environment, job training, job | 37086 |
placement, supported employment, competitive employment, and | 37087 |
planned therapeutic and work activities providing meaningful tasks | 37088 |
designed to improve the effectiveness or degree with which an | 37089 |
individual meets the standards of personal independence and social | 37090 |
responsibility expected of the individual's age and cultural | 37091 |
group. | 37092 |
(B) As used in this division, "substantial functional | 37093 |
limitation," "developmental delay," and "established risk" have | 37094 |
the meanings established pursuant to section 5123.011 of the | 37095 |
Revised Code. | 37096 |
"Developmental disability" means a severe, chronic disability | 37097 |
that is characterized by all of the following: | 37098 |
(1) It is attributable to a mental or physical impairment or | 37099 |
a combination of mental and physical impairments, other than a | 37100 |
mental or physical impairment solely caused by mental illness as | 37101 |
defined in division (A) of section 5122.01 of the Revised Code; | 37102 |
(2) It is manifested before age twenty-two; | 37103 |
(3) It is likely to continue indefinitely; | 37104 |
(4) It results in one of the following: | 37105 |
(a) In the case of a person under age three, at least one | 37106 |
developmental delay or an established risk; | 37107 |
(b) In the case of a person at least age three but under age | 37108 |
six, at least two developmental delays or an established risk; | 37109 |
(c) In the case of a person age six or older, a substantial | 37110 |
functional limitation in at least three of the following areas of | 37111 |
major life activity, as appropriate for the person's age: | 37112 |
self-care, receptive and expressive language, learning, mobility, | 37113 |
self-direction, capacity for independent living, and, if the | 37114 |
person is at least age sixteen, capacity for economic | 37115 |
self-sufficiency. | 37116 |
(5) It causes the person to need a combination and sequence | 37117 |
of special, interdisciplinary, or other type of care, treatment, | 37118 |
or provision of services for an extended period of time that is | 37119 |
individually planned and coordinated for the person. | 37120 |
(C) "Early childhood services" means a planned program of | 37121 |
habilitation designed to meet the needs of individuals with mental | 37122 |
retardation or other developmental disabilities who have not | 37123 |
attained compulsory school age. | 37124 |
(D) "Habilitation" means the process by which the staff of | 37125 |
the facility or agency assists an individual with mental | 37126 |
retardation or other developmental disability in acquiring and | 37127 |
maintaining those life skills that enable the individual to cope | 37128 |
more effectively with the demands of the individual's own person | 37129 |
and environment, and in raising the level of the individual's | 37130 |
personal, physical, mental, social, and vocational efficiency. | 37131 |
Habilitation includes, but is not limited to, programs of formal, | 37132 |
structured education and training. | 37133 |
(E) "Habilitation center services" means services provided by | 37134 |
a habilitation center certified by the department of mental | 37135 |
retardation and developmental disabilities under section 5123.041 | 37136 |
of the Revised Code and covered by the medicaid program pursuant | 37137 |
to rules adopted under section 5111.041 of the Revised Code. | 37138 |
(F) "Home or community-based services" means | 37139 |
medicaid-funded home or community-based services provided under a | 37140 |
medicaid component the department of mental retardation and | 37141 |
developmental disabilities administers pursuant to section | 37142 |
5111.871 of the Revised Code. | 37143 |
(G) "Medicaid" has the same meaning as in section 5111.01 | 37144 |
of the Revised Code. | 37145 |
(H) "Medicaid case management services" means case | 37146 |
management services provided to an individual with mental | 37147 |
retardation or other developmental disability that the state | 37148 |
medicaid plan requires. | 37149 |
(I) "Mental retardation" means a mental impairment | 37150 |
manifested during the developmental period characterized by | 37151 |
significantly subaverage general intellectual functioning existing | 37152 |
concurrently with deficiencies in the effectiveness or degree with | 37153 |
which an individual meets the standards of personal independence | 37154 |
and social responsibility expected of the individual's age and | 37155 |
cultural group. | 37156 |
| 37157 |
with mental retardation or other developmental disabilities to | 37158 |
provide housing, food, clothing, habilitation, staff support, and | 37159 |
related support services necessary for the health, safety, and | 37160 |
welfare of the individuals and the advancement of their quality of | 37161 |
life. | 37162 |
| 37163 |
including moneys received from the federal, state, and local | 37164 |
governments, private grants, and donations; appropriately | 37165 |
qualified personnel; and appropriate capital facilities and | 37166 |
equipment. | 37167 |
| 37168 |
to families of individuals with mental retardation or other | 37169 |
developmental disabilities to develop and maintain increased | 37170 |
acceptance and understanding of such persons, increased ability of | 37171 |
family members to teach the person, better coordination between | 37172 |
school and home, skills in performing specific therapeutic and | 37173 |
management techniques, and ability to cope with specific | 37174 |
situations. | 37175 |
| 37176 |
individual with mental retardation or other developmental | 37177 |
disability through any public or private resources, including | 37178 |
moneys from the individual, that enhance the individual's | 37179 |
reputation in community life and advance the individual's quality | 37180 |
of life by doing the following: | 37181 |
(1) Providing the support necessary to enable an individual | 37182 |
to live in a residence of the individual's choice and to choose to | 37183 |
live alone, with any number of individuals who are not disabled, | 37184 |
or with not more than three individuals with mental retardation | 37185 |
and developmental disabilities unless the individuals are related | 37186 |
by blood or marriage; | 37187 |
(2) Encouraging the individual's participation in the | 37188 |
community; | 37189 |
(3) Promoting the individual's rights and autonomy; | 37190 |
(4) Encouraging the increase of the individual's skills and | 37191 |
competence. | 37192 |
"Supported living" includes the provision of housing, food, | 37193 |
clothing, habilitation, staff support, professional services, and | 37194 |
any related support services necessary for the health, safety, and | 37195 |
welfare of the individual receiving the services. | 37196 |
Sec. 5126.042. (A) As used in this section: | 37197 |
(1) "Emergency" means any situation that creates for an | 37198 |
individual with mental retardation or developmental disabilities a | 37199 |
risk of substantial self-harm or substantial harm to others if | 37200 |
action is not taken within thirty days. An "emergency" may | 37201 |
include one or more of the following situations: | 37202 |
(a) Loss of present residence for any reason, including | 37203 |
legal action; | 37204 |
(b) Loss of present caretaker for any reason, including | 37205 |
serious illness of the caretaker, change in the caretaker's | 37206 |
status, or inability of the caretaker to perform effectively for | 37207 |
the individual; | 37208 |
(c) Abuse, neglect, or exploitation of the individual; | 37209 |
(d) Health and safety conditions that pose a serious risk to | 37210 |
the individual or others of immediate harm or death; | 37211 |
(e) Change in the emotional or physical condition of the | 37212 |
individual that necessitates substantial accommodation that cannot | 37213 |
be reasonably provided by the individual's existing caretaker. | 37214 |
(2) "Medicaid" has the same meaning as in section 5111.01 of | 37215 |
the Revised Code. | 37216 |
| 37217 |
37218 | |
37219 | |
37220 |
(B) If a county board of mental retardation and | 37221 |
developmental disabilities determines that available resources are | 37222 |
not sufficient to meet the needs of all individuals who request | 37223 |
programs and services and may be offered the programs and | 37224 |
services, it shall establish waiting lists for services. The | 37225 |
board may establish priorities for making placements on its | 37226 |
waiting lists according to an individual's emergency
| 37227 |
status and shall establish priorities in accordance with division | 37228 |
(D) of this section. | 37229 |
The individuals who may be placed on a waiting list include | 37230 |
individuals
with a need for services on an emergency
| 37231 |
basis and individuals who have requested services for which | 37232 |
resources are not available. | 37233 |
| 37234 |
services pursuant to division (D)(1)(d) of this section, an | 37235 |
individual who currently receives a service but would like to | 37236 |
change to another service shall not be placed on a waiting list | 37237 |
but shall be placed on a service substitution waiting list. The | 37238 |
board shall work with the individual, service providers, and all | 37239 |
appropriate entities to facilitate the change in service as | 37240 |
expeditiously as possible. The board may establish priorities for | 37241 |
making placements on its service substitution waiting lists | 37242 |
according to
an
individual's emergency
| 37243 |
In addition to maintaining waiting lists and service | 37244 |
substitution waiting lists, a board shall maintain a long-term | 37245 |
service planning registry for individuals who wish to record their | 37246 |
intention to request in the future a service they are not | 37247 |
currently receiving. The purpose of the registry is to enable the | 37248 |
board to document requests and to plan appropriately. The board | 37249 |
may not place an individual on the registry who meets the | 37250 |
conditions for receipt of
services on an emergency
| 37251 |
basis. | 37252 |
(C) A county board shall establish a separate waiting list | 37253 |
for each of the following categories of services, and may | 37254 |
establish separate waiting lists within the waiting lists: | 37255 |
(1) Early childhood services; | 37256 |
(2) Educational programs for preschool and school age | 37257 |
children; | 37258 |
(3) Adult services; | 37259 |
(4) Case management services; | 37260 |
(5) Residential services and supported living; | 37261 |
(6) Transportation services; | 37262 |
(7) Other services determined necessary and appropriate for | 37263 |
persons with mental retardation or a developmental disability | 37264 |
according to their individual habilitation or service plans; | 37265 |
(8) Family support services provided under section 5126.11 | 37266 |
of the Revised Code. | 37267 |
(D)(1) In accordance with the county board's plan approved | 37268 |
under section 5123.046 of the Revised Code and except as provided | 37269 |
in division (D)(2) of this section, a county board shall give an | 37270 |
individual who is eligible for home or community-based services | 37271 |
and meets any of the following requirements priority over any | 37272 |
other individual on a waiting list established under division (C) | 37273 |
of this section other than an individual placed on the waiting | 37274 |
list on an emergency status: | 37275 |
(a) Does not receive residential services or supported | 37276 |
living, either needs services in the individual's current living | 37277 |
arrangement or will need services in a new living arrangement, and | 37278 |
has a primary caretaker who is sixty years of age or older; | 37279 |
(b) Is less than twenty-two years of age, does not receive | 37280 |
residential services or supported living, resides in the home of | 37281 |
the individual's family, and has at least one of the following: | 37282 |
(i) Service needs that the county board determines are | 37283 |
unusual in scope or intensity due to severe behavior problems for | 37284 |
which a behavior support plan is needed; | 37285 |
(ii) An emotional disorder for which anti-psychotic | 37286 |
medication is needed; | 37287 |
(iii) A medical condition that leaves the individual | 37288 |
dependent on life-support medical technology; | 37289 |
(iv) A condition affecting multiple body systems for which | 37290 |
a combination of specialized medical, psychological, educational, | 37291 |
or habilitation services are needed; | 37292 |
(v) A condition the county board determines to be | 37293 |
comparable in severity to any condition described in division | 37294 |
(D)(1)(b)(i) to (iv) of this section and places the individual at | 37295 |
significant risk of institutionalization. | 37296 |
(c) Is twenty-two years of age or older and is determined | 37297 |
by the county board to have intensive needs for residential | 37298 |
services on an in-home or out-of-home basis; | 37299 |
(d) Resides in an intermediate care facility for the | 37300 |
mentally retarded or nursing facility and chooses to move to | 37301 |
another setting. | 37302 |
(2) No more than two hundred individuals in the state may | 37303 |
receive priority for services during state fiscal years 2002 and | 37304 |
2003 pursuant to division (D)(1)(b) of this section. No more than | 37305 |
seventy-five individuals in the state may receive priority for | 37306 |
services during state fiscal years 2002 and 2003 pursuant to | 37307 |
division (D)(1)(d) of this section. | 37308 |
(E) Prior to establishing any waiting list under this | 37309 |
section, a county board shall develop and implement a policy for | 37310 |
waiting lists that complies with this section and rules that the | 37311 |
department of mental retardation and developmental disabilities | 37312 |
shall adopt in accordance with Chapter 119. of the Revised Code. | 37313 |
The department's rules shall include procedures to be followed to | 37314 |
ensure that the due process rights of individuals placed on | 37315 |
waiting lists are not violated. | 37316 |
Prior to placing an individual on a waiting list, the county | 37317 |
board shall assess the service needs of the individual in | 37318 |
accordance with all applicable state and federal laws. The county | 37319 |
board shall place the individual on the appropriate waiting list | 37320 |
and may place the individual on more than one waiting list. | 37321 |
At least annually, the county board shall reassess the | 37322 |
service needs of each individual on a waiting list. If it | 37323 |
determines that an individual no longer needs a program or | 37324 |
service, the county board shall remove the individual from the | 37325 |
waiting list. If it determines that an individual needs a program | 37326 |
or service other than the one for which the individual is on the | 37327 |
waiting list, the county board shall provide the program or | 37328 |
service to the individual or place the individual on a waiting | 37329 |
list for the program or service in accordance with the board's | 37330 |
policy for waiting lists. | 37331 |
When a program or service for which there is a waiting list | 37332 |
becomes available, the county board shall reassess the service | 37333 |
needs of the individual next scheduled on the waiting list to | 37334 |
receive that program or service. If the reassessment demonstrates | 37335 |
that the individual continues to need the program or service, the | 37336 |
board shall offer the program or service to the individual. If it | 37337 |
determines that an individual no longer needs a program or | 37338 |
service, the county board shall remove the individual from the | 37339 |
waiting list. If it determines that an individual needs a program | 37340 |
or service other than the one for which the individual is on the | 37341 |
waiting list, the county board shall provide the program or | 37342 |
service to the individual or place the individual on a waiting | 37343 |
list for the program or service in accordance with the board's | 37344 |
policy for waiting lists. | 37345 |
| 37346 |
section
121.38 of the Revised Code who requires the home
| 37347 |
community-based services provided through the
| 37348 |
37349 | |
mental retardation and developmental disabilities administers | 37350 |
under
| 37351 |
Code shall
receive services through
| 37352 |
37353 | |
medicaid component. For all other services, a child subject to a | 37354 |
determination made pursuant to section 121.38 of the Revised Code | 37355 |
shall be treated as an emergency by the county boards and shall | 37356 |
not be subject to a waiting list. | 37357 |
| 37358 |
even-numbered year, each county board shall prepare and submit to | 37359 |
the director of mental retardation and developmental disabilities | 37360 |
its recommendations for the funding of services for individuals | 37361 |
with mental retardation and developmental disabilities and its | 37362 |
proposals for reducing the waiting lists for services. | 37363 |
| 37364 |
applicable provisions of this section: | 37365 |
(1) Medicaid rules and regulations; | 37366 |
(2) Any specific requirements that may be contained within a | 37367 |
medicaid state plan amendment or waiver program that a county | 37368 |
board has authority to administer or with respect to which it has | 37369 |
authority to provide services, programs, or supports. | 37370 |
Sec. 5126.046. For the purpose of obtaining additional | 37371 |
federal medicaid funds for home or community-based services, | 37372 |
medicaid case management services, and habilitation center | 37373 |
services, a county board of mental retardation and developmental | 37374 |
disabilities may do both of the following: | 37375 |
(A) Transfer an individual with mental retardation or other | 37376 |
developmental disability who meets all of the following | 37377 |
requirements to home or community-based services that include | 37378 |
supported living or family support services: | 37379 |
(1) Is twenty-two years of age or older; | 37380 |
(2) Receives supported living or family support services; | 37381 |
(3) Is eligible for the home or community-based services. | 37382 |
(B) Transfer an individual with mental retardation or other | 37383 |
developmental disability who meets all of the following | 37384 |
requirements to home or community-based services that include | 37385 |
adult services: | 37386 |
(1) Receives adult services; | 37387 |
(2) Resides in the individual's own home or the home of the | 37388 |
individual's family and will continue to reside in that home after | 37389 |
the transfer; | 37390 |
(3) Is eligible for the home or community-based services. | 37391 |
Sec. 5126.047. (A) Each county board of mental retardation | 37392 |
and developmental disabilities that has local administrative | 37393 |
authority under division (A) of section 5126.055 of the Revised | 37394 |
Code for habilitation, vocational, or community employment | 37395 |
services provided as part of home or community-based services | 37396 |
shall create a list of all persons and government entities | 37397 |
eligible to provide such habilitation, vocational, or community | 37398 |
employment services. If the county board chooses and is eligible | 37399 |
to provide such habilitation, vocational, or community employment | 37400 |
services, the county board shall include itself on the list. The | 37401 |
county board shall make the list available to each individual with | 37402 |
mental retardation or other developmental disability who resides | 37403 |
in the county and is eligible for such habilitation, vocational, | 37404 |
or community employment services. The county board shall also | 37405 |
make the list available to such individuals' families. | 37406 |
An individual with mental retardation or other | 37407 |
developmental disability who is eligible for habilitation, | 37408 |
vocational, or community employment services may choose the | 37409 |
provider of the services. | 37410 |
If a county board has local administrative authority under | 37411 |
division (A) of section 5126.055 of the Revised Code for | 37412 |
habilitation, vocational, and community employment services | 37413 |
provided as part of home or community-based services, the county | 37414 |
board shall pay the nonfederal share of the habilitation, | 37415 |
vocational, and community employment services when required by | 37416 |
section 5126.056 of the Revised Code. The department of mental | 37417 |
retardation and developmental disabilities shall pay the | 37418 |
nonfederal share of such habilitation, vocational, and community | 37419 |
employment services when required by section 5123.047 of the | 37420 |
Revised Code. | 37421 |
(B) Each month, the department of mental retardation and | 37422 |
developmental disabilities shall create a list of all persons and | 37423 |
government entities eligible to provide residential services and | 37424 |
supported living. The department shall include on the list all | 37425 |
residential facilities licensed under section 5123.19 of the | 37426 |
Revised Code and all supported living providers certified under | 37427 |
section 5126.431 of the Revised Code. The department shall | 37428 |
distribute the monthly lists to county boards that have local | 37429 |
administrative authority under division (A) of section 5126.055 of | 37430 |
the Revised Code for residential services and supported living | 37431 |
provided as part of home or community-based services. A county | 37432 |
board that receives a list shall make it available to each | 37433 |
individual with mental retardation or other developmental | 37434 |
disability who resides in the county and is eligible for such | 37435 |
residential services or supported living. The county board shall | 37436 |
also make the list available to the families of those individuals. | 37437 |
An individual who is eligible for residential services or | 37438 |
supported living may choose the provider of the residential | 37439 |
services or supported living. | 37440 |
If a county board has local administrative authority under | 37441 |
division (A) of section 5126.055 of the Revised Code for | 37442 |
residential services and supported living provided as part of home | 37443 |
or community-based services, the county board shall pay the | 37444 |
nonfederal share of the residential services and supported living | 37445 |
when required by section 5126.056 of the Revised Code. The | 37446 |
department shall pay the nonfederal share of the residential | 37447 |
services and supported living when required by section 5123.047 of | 37448 |
the Revised Code. | 37449 |
(C) If a county board that has local administrative | 37450 |
authority under division (A) of section 5126.055 of the Revised | 37451 |
Code for home or community-based services violates the right | 37452 |
established by this section of an individual to choose a provider | 37453 |
that is qualified and willing to provide services to the | 37454 |
individual, the individual shall receive timely notice that the | 37455 |
individual may request a hearing under section 5101.35 of the | 37456 |
Revised Code. | 37457 |
(D) The departments of mental retardation and developmental | 37458 |
disabilities and job and family services shall adopt rules in | 37459 |
accordance with Chapter 119. of the Revised Code governing the | 37460 |
implementation of this section. The rules shall include | 37461 |
procedures for individuals to choose their service providers. The | 37462 |
rules shall not be limited by a provider selection system | 37463 |
established under section 5126.42 of the Revised Code, including | 37464 |
any pool of providers created pursuant to a provider selection | 37465 |
system. | 37466 |
Sec. 5126.05. (A) Subject to the rules established by the | 37467 |
director of mental retardation and developmental disabilities | 37468 |
pursuant to Chapter 119. of the Revised Code for programs and | 37469 |
services offered pursuant to this chapter, and subject to the | 37470 |
rules established by the state board of education pursuant to | 37471 |
Chapter 119. of the Revised Code for programs and services offered | 37472 |
pursuant to Chapter 3323. of the Revised Code, the county board of | 37473 |
mental retardation and developmental disabilities shall: | 37474 |
(1) Administer and operate facilities, programs, and | 37475 |
services as provided by this chapter and Chapter 3323. of the | 37476 |
Revised Code and establish policies for their administration and | 37477 |
operation; | 37478 |
(2) Coordinate, monitor, and evaluate existing services and | 37479 |
facilities available to individuals with mental retardation and | 37480 |
developmental disabilities; | 37481 |
(3) Provide early childhood services, supportive home | 37482 |
services, and adult services, according to the plan and priorities | 37483 |
developed under section 5126.04 of the Revised Code; | 37484 |
(4) Provide or contract for special education services | 37485 |
pursuant to Chapters 3317. and 3323. of the Revised Code and | 37486 |
ensure that related services, as defined in section 3323.01 of the | 37487 |
Revised Code, are available according to the plan and priorities | 37488 |
developed under section 5126.04 of the Revised Code; | 37489 |
(5) Adopt a budget, authorize expenditures for the purposes | 37490 |
specified in this chapter and do so in accordance with section | 37491 |
319.16 of the Revised Code, approve attendance of board members | 37492 |
and employees at professional meetings and approve expenditures | 37493 |
for attendance, and exercise such powers and duties as are | 37494 |
prescribed by the director; | 37495 |
(6) Submit annual reports of its work and expenditures, | 37496 |
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to | 37497 |
the director, the superintendent of public instruction, and the | 37498 |
board of county commissioners at the close of the fiscal year and | 37499 |
at such other times as may reasonably be requested; | 37500 |
(7) Authorize all positions of employment, establish | 37501 |
compensation, including but not limited to salary schedules and | 37502 |
fringe benefits for all board employees, approve contracts of | 37503 |
employment for management employees that are for a term of more | 37504 |
than one year, employ legal counsel under section 309.10 of the | 37505 |
Revised Code, and contract for employee benefits; | 37506 |
(8) Provide case management services, as defined in rules | 37507 |
adopted by the director of mental retardation and developmental | 37508 |
disabilities, in accordance with section 5126.15 of the Revised | 37509 |
Code; | 37510 |
(9) Certify respite care homes pursuant to rules adopted | 37511 |
under section 5123.171 of the Revised Code by the director of | 37512 |
mental retardation and developmental disabilities. | 37513 |
(B) To the extent that rules adopted under this section | 37514 |
apply to the identification and placement of handicapped children | 37515 |
under Chapter 3323. of the Revised Code, they shall be consistent | 37516 |
with the standards and procedures established under sections | 37517 |
3323.03 to 3323.05 of the Revised Code. | 37518 |
(C) Any county board may enter into contracts with other | 37519 |
such boards and with public or private, nonprofit, or | 37520 |
profit-making agencies or organizations of the same or another | 37521 |
county, to provide the facilities, programs, and services | 37522 |
authorized or required, upon such terms as may be agreeable, and | 37523 |
in accordance with this chapter and Chapter 3323. of the Revised | 37524 |
Code and rules adopted thereunder and in accordance with sections | 37525 |
307.86 and 5126.071 of the Revised Code. | 37526 |
(D) A county board may combine transportation for children | 37527 |
and adults enrolled in programs and services offered under section | 37528 |
5126.12 with transportation for children enrolled in classes | 37529 |
funded under section 3317.20 or units approved under section | 37530 |
3317.05 of the Revised Code. | 37531 |
(E) A county board may purchase all necessary insurance | 37532 |
policies, may purchase equipment and supplies through the | 37533 |
department of administrative services or from other sources, and | 37534 |
may enter into agreements with public agencies or nonprofit | 37535 |
organizations for cooperative purchasing arrangements. | 37536 |
(F) A county board may receive by gift, grant, devise, or | 37537 |
bequest any moneys, lands, or property for the benefit of the | 37538 |
purposes for which the board is established and hold, apply, and | 37539 |
dispose of the moneys, lands, and property according to the terms | 37540 |
of the gift, grant, devise, or bequest. All money received by | 37541 |
gift, grant, bequest, or disposition of lands or property received | 37542 |
by gift, grant, devise, or bequest shall be deposited in the | 37543 |
county treasury to the credit of such board and shall be available | 37544 |
for use by the board for purposes determined or stated by the | 37545 |
donor or grantor, but may not be used for personal expenses of the | 37546 |
board members. Any interest or earnings accruing from such gift, | 37547 |
grant, devise, or bequest shall be treated in the same manner and | 37548 |
subject to the same provisions as such gift, grant, devise, or | 37549 |
bequest. | 37550 |
(G) The board of county commissioners shall levy taxes and | 37551 |
make appropriations sufficient to enable the county board of | 37552 |
mental retardation and developmental disabilities to perform its | 37553 |
functions and duties, and may utilize any available local, state, | 37554 |
and federal funds for such purpose. | 37555 |
Sec. 5126.051. (A) To the extent that resources are | 37556 |
available, a county board of mental retardation and developmental | 37557 |
disabilities
| 37558 |
and supported living for individuals with mental retardation and | 37559 |
developmental disabilities. | 37560 |
A county board may acquire, convey, lease, or sell property | 37561 |
for residential services and supported living and enter into loan | 37562 |
agreements, including mortgages, for the acquisition of such | 37563 |
property. A county board is not required to comply with | 37564 |
provisions of Chapter 307. of the Revised Code providing for | 37565 |
competitive bidding or sheriff sales in the acquisition, lease, | 37566 |
conveyance, or sale of property under this division, but the | 37567 |
acquisition, lease, conveyance, or sale must be at fair market | 37568 |
value determined by appraisal of one or more disinterested persons | 37569 |
appointed by the board. | 37570 |
Any action taken by a county board under this division that | 37571 |
will incur debt on the part of the county shall be taken in | 37572 |
accordance with Chapter 133. of the Revised Code. A county board | 37573 |
shall not incur any debt on the part of the county without the | 37574 |
prior approval of the board of county commissioners. | 37575 |
(B)(1) To the extent that resources are available, in | 37576 |
addition to sheltered employment and work activities provided as | 37577 |
adult services pursuant to division (A)(3) of section 5126.05 of | 37578 |
the Revised Code, a county board of mental retardation and | 37579 |
developmental disabilities may provide or arrange for job | 37580 |
training, vocational evaluation, and community employment services | 37581 |
to mentally retarded and developmentally disabled individuals who | 37582 |
are age eighteen and older and not enrolled in a program or | 37583 |
service under Chapter 3323. of the Revised Code or age sixteen or | 37584 |
seventeen and eligible for adult services under rules adopted by | 37585 |
the director of mental retardation and developmental disabilities | 37586 |
under Chapter 119. of the Revised Code. These services shall be | 37587 |
provided in accordance with the individual's individual service or | 37588 |
habilitation plan and shall include support services specified in | 37589 |
the plan. | 37590 |
(2) A county board may, in cooperation with the Ohio | 37591 |
rehabilitation services commission, seek federal funds for job | 37592 |
training and community employment. | 37593 |
(3) A county board may contract with any agency, board, or | 37594 |
other entity that is accredited by the commission on accreditation | 37595 |
of rehabilitation facilities to provide services. A county board | 37596 |
that is accredited by the commission on accreditation of | 37597 |
rehabilitation facilities may provide services for which it is | 37598 |
certified by the commission. | 37599 |
(C) To the extent that resources are available, a county | 37600 |
board may provide services to an individual with mental | 37601 |
retardation or other developmental disability in addition to those | 37602 |
provided pursuant to this section, section 5126.05 of the Revised | 37603 |
Code, or any other section of this chapter. The services shall be | 37604 |
provided in accordance with the individual's habilitation or | 37605 |
service plan and may be provided in collaboration with other | 37606 |
entities of state or local government. | 37607 |
Sec. 5126.054. (A) Each county board of mental retardation | 37608 |
and developmental disabilities shall, by resolution, develop a | 37609 |
three-calendar year plan that includes all of the following | 37610 |
components: | 37611 |
(1) An assessment component that includes all of the | 37612 |
following: | 37613 |
(a) The number of individuals with mental retardation or | 37614 |
other developmental disability residing in the county who need | 37615 |
medicaid case management services and habilitation center | 37616 |
services; | 37617 |
(b) The number of individuals with mental retardation or | 37618 |
other developmental disability residing in the county who need the | 37619 |
level of care provided by an intermediate care facility for the | 37620 |
mentally retarded and may seek home or community-based services, | 37621 |
the service needs of those individuals, and the projected | 37622 |
annualized cost for services; | 37623 |
(c) The source of funds available to the county board to pay | 37624 |
the nonfederal share of medicaid expenditures that the county | 37625 |
board is required by division (A) of section 5126.056 of the | 37626 |
Revised Code to pay; | 37627 |
(d) Any other applicable information or conditions that the | 37628 |
department of mental retardation and developmental disabilities | 37629 |
requires as a condition of approving the plan under section | 37630 |
5123.046 of the Revised Code. | 37631 |
(2) A component that provides for the recruitment, | 37632 |
training, and retention of the direct care staff necessary to | 37633 |
implement services included in individualized service plans, | 37634 |
including behavior management services and health management | 37635 |
services such as delegated nursing and other habilitation | 37636 |
services, and protect the health and welfare of individuals | 37637 |
receiving services included in the individual's individualized | 37638 |
service plan by complying with safeguards for unusual and major | 37639 |
unusual incidents, day-to-day program management, and other | 37640 |
requirements the department shall identify. A county board shall | 37641 |
develop this component in collaboration with providers of | 37642 |
medicaid-funded services with which the county board contracts. A | 37643 |
county board shall include all of the following in the component: | 37644 |
(a) The source and amount of funds available for the | 37645 |
component; | 37646 |
(b) A plan and timeline for implementing the component with | 37647 |
the medicaid providers under contract with the county board; | 37648 |
(c) The mechanisms the county board shall use to ensure the | 37649 |
financial and program accountability of the medicaid provider's | 37650 |
implementation of the component. | 37651 |
(3) A component that provides for the implementation of | 37652 |
habilitation center services, medicaid case management services, | 37653 |
and home or community-based services. A county board shall | 37654 |
include all of the following in the component: | 37655 |
(a) If the department of mental retardation and | 37656 |
developmental disabilities or department of job and family | 37657 |
services requires, an agreement to pay the nonfederal share of | 37658 |
medicaid expenditures that the county board is required by | 37659 |
division (A) of section 5126.056 of the Revised Code to pay; | 37660 |
(b) How the services are to be phased in over the period | 37661 |
the plan covers, including how the county board will make | 37662 |
transfers under section 5126.046 of the Revised Code and serve | 37663 |
individuals on a waiting list established under division (C) of | 37664 |
section 5126.042 who are given priority status under division (D) | 37665 |
of that section; | 37666 |
(c) Any agreement or commitment regarding the county | 37667 |
board's funding of home or community-based services that the | 37668 |
county board has with the department at the time the county board | 37669 |
develops the component; | 37670 |
(d) Assurances adequate to the department that the county | 37671 |
board will comply with all of the following requirements: | 37672 |
(i) To use any additional funds the county board receives | 37673 |
for the services to improve the county board's resource | 37674 |
capabilities for supporting such services available in the county | 37675 |
at the time the component is developed and to expand the services | 37676 |
to accommodate the unmet need for those services in the county; | 37677 |
(ii) To employ a business manager who is either a new | 37678 |
employee who has earned at least a bachelor's degree in business | 37679 |
administration or a current employee who has the equivalent | 37680 |
experience of a bachelor's degree in business administration. If | 37681 |
the county board will employ a new employee, the county board | 37682 |
shall include in the component a timeline for employing the | 37683 |
employee. | 37684 |
(iii) To employ a medicaid services manager who is either a | 37685 |
new employee who has earned at least a bachelor's degree or a | 37686 |
current employee who has the equivalent experience of a bachelor's | 37687 |
degree. If the county board will employ a new employee, the | 37688 |
county board shall include in the component a timeline for | 37689 |
employing the employee. | 37690 |
(e) An agreement to comply with the method, developed under | 37691 |
section 5123.0413 of the Revised Code in consultation with the | 37692 |
department and the department of job and family services, of | 37693 |
paying for extraordinary costs, including extraordinary costs for | 37694 |
services to individuals with mental retardation or other | 37695 |
developmental disability, and ensuring the availability of | 37696 |
adequate funds in the event a county property tax levy for | 37697 |
services for individuals with mental retardation or other | 37698 |
developmental disability fails; | 37699 |
(f) Programmatic and financial outcomes expected from the | 37700 |
implementation of the plan; | 37701 |
(g) Any other applicable information or conditions that the | 37702 |
department requires as a condition of approving the plan under | 37703 |
section 5123.046 of the Revised Code. | 37704 |
(B) For the purpose of obtaining the department's approval | 37705 |
under section 5123.046 of the Revised Code of the plan the county | 37706 |
board develops under division (A) of this section, a county board | 37707 |
shall do both of the following: | 37708 |
(1) Submit the components required by divisions (A)(1) and | 37709 |
(2) of this section to the department not later than July 15, | 37710 |
2001; | 37711 |
(2) Submit the component required by division (A)(3) of | 37712 |
this section to the department not later than October 1, 2001. | 37713 |
(C) A county board whose plan developed under division (A) | 37714 |
of this section is approved by the department under section | 37715 |
5123.046 of the Revised Code shall update and renew the plan in | 37716 |
accordance with a schedule the department shall develop. | 37717 |
Sec. 5126.055. (A) Except as provided in division (G) of | 37718 |
this section, a county board of mental retardation and | 37719 |
developmental disabilities with an approved plan under section | 37720 |
5123.046 of the Revised Code has local administrative authority to | 37721 |
do all of the following for an individual with mental retardation | 37722 |
or other developmental disability who resides in the county that | 37723 |
the county board serves and seeks or receives home or | 37724 |
community-based services: | 37725 |
(1) Perform assessments and evaluations of the individual. | 37726 |
As part of the assessment and evaluation process, the county board | 37727 |
shall do all of the following: | 37728 |
(a) Make a recommendation to the department of mental | 37729 |
retardation and developmental disabilities on whether the | 37730 |
department should approve or deny the individual's application for | 37731 |
the services, including on the basis of whether the individual | 37732 |
needs the level of care an intermediate care facility for the | 37733 |
mentally retarded provides; | 37734 |
(b) If the individual's application is denied because of the | 37735 |
county board's recommendation and the individual requests a | 37736 |
hearing under section 5101.35 of the Revised Code, present, with | 37737 |
the department of mental retardation and developmental | 37738 |
disabilities or department of job and family services, whichever | 37739 |
denies the application, the reasons for the recommendation and | 37740 |
denial at the hearing; | 37741 |
(c) If the individual's application is approved, recommend | 37742 |
to the departments of mental retardation and developmental | 37743 |
disabilities and job and family services the services that should | 37744 |
be included in the individual's individualized service plan and, | 37745 |
if either department reduces, denies, or terminates a service | 37746 |
included in the individual's individualized service plan under | 37747 |
section 5111.871 of the Revised Code because of the county board's | 37748 |
recommendation, present, with the department that made the | 37749 |
reduction, denial, or termination, the reasons for the | 37750 |
recommendation and reduction, denial, or termination at a hearing | 37751 |
under section 5101.35 of the Revised Code. | 37752 |
(2) In accordance with the rules adopted under section | 37753 |
5126.047 of the Revised Code, perform the county board's duties | 37754 |
under that section regarding assisting the individual's right to | 37755 |
choose a qualified and willing provider of the services and, at a | 37756 |
hearing under section 5101.35 of the Revised Code, present | 37757 |
evidence of the process for appropriate assistance in choosing | 37758 |
providers; | 37759 |
(3) Unless the county board provides the services under | 37760 |
division (A)(4) of this section, contract with the person or | 37761 |
government entity the individual chooses in accordance with | 37762 |
section 5126.047 of the Revised Code to provide the services if | 37763 |
the person or government entity is qualified and agrees to provide | 37764 |
the services. The contract shall require the provider to agree to | 37765 |
furnish, in accordance with the provider's medicaid provider | 37766 |
agreement and for the authorized reimbursement rate, the services | 37767 |
the individual requires. | 37768 |
(4) If the county board is accredited under section | 37769 |
5126.081 of the Revised Code to provide the services and agrees to | 37770 |
provide the services to the individual and the individual chooses | 37771 |
the county board to provide the services, furnish, in accordance | 37772 |
with the county board's medicaid provider agreement and for the | 37773 |
authorized reimbursement rate, the services the individual | 37774 |
requires; | 37775 |
(5) Monitor the services provided to the individual and | 37776 |
ensure the individual's health, safety, and welfare. The | 37777 |
monitoring shall include quality assurance activities. If the | 37778 |
county board provides the services, the department of mental | 37779 |
retardation and developmental disabilities shall also monitor the | 37780 |
services. | 37781 |
(B) Except as provided in division (G) of this section, a | 37782 |
county board with an approved plan under section 5123.046 of the | 37783 |
Revised Code has local administrative authority to do all of the | 37784 |
following for an individual with mental retardation or other | 37785 |
developmental disability who resides in the county that the county | 37786 |
board serves and seeks or receives medicaid case management | 37787 |
services or habilitation center services, other than habilitation | 37788 |
center services for which a school district is required by | 37789 |
division (E) of section 5111.041 of the Revised Code to pay the | 37790 |
nonfederal share: | 37791 |
(1) Perform assessments and evaluations of the individual | 37792 |
for the purpose of recommending to the departments of mental | 37793 |
retardation and developmental disabilities and job and family | 37794 |
services the services that should be included in the individual's | 37795 |
individualized service plan; | 37796 |
(2) If the department of mental retardation and | 37797 |
developmental disabilities or department of job and family | 37798 |
services reduces, denies, or terminates a service included in the | 37799 |
individual's individualized service plan under section 5111.041 or | 37800 |
5111.042 of the Revised Code because of the county board's | 37801 |
recommendation under division (B)(1) of this section, present, | 37802 |
with the department that made the reduction, denial, or | 37803 |
termination, the reasons for the recommendation and reduction, | 37804 |
denial, or termination at a hearing under section 5101.35 of the | 37805 |
Revised Code and inform the individual that the individual may | 37806 |
file a complaint with the county board under section 5126.06 of | 37807 |
the Revised Code at the same time the individual pursues an appeal | 37808 |
under section 5101.35 of the Revised Code; | 37809 |
(3) In accordance with rules the departments of mental | 37810 |
retardation and developmental disabilities and job and family | 37811 |
services shall adopt in accordance with Chapter 119. of the | 37812 |
Revised Code governing the process for individuals to choose | 37813 |
providers of medicaid case management services and habilitation | 37814 |
center services, assist the individual in choosing the provider of | 37815 |
the services. The rules shall provide for both of the following: | 37816 |
(a) The county board providing the individual up-to-date | 37817 |
information about qualified providers that the department of | 37818 |
mental retardation and developmental disabilities shall make | 37819 |
available to the county board; | 37820 |
(b) If the individual chooses a provider who is qualified | 37821 |
and willing to provide the services but is denied that provider, | 37822 |
the individual receiving timely notice that the individual may | 37823 |
request a hearing under section 5101.35 of the Revised Code and, | 37824 |
at the hearing, the county board presenting evidence of the | 37825 |
process for appropriate assistance in choosing providers. | 37826 |
(4) Unless the county board provides the services under | 37827 |
division (B)(5) of this section, contract with the person or | 37828 |
government entity that the individual chooses in accordance with | 37829 |
the rules adopted under division (B)(3) of this section to provide | 37830 |
the services if the person or government entity is qualified and | 37831 |
agrees to provide the services. The contract shall require the | 37832 |
provider to agree to furnish, in accordance with the provider's | 37833 |
medicaid provider agreement and for the authorized reimbursement | 37834 |
rate, the services the individual requires. | 37835 |
(5) If the county board is accredited under section | 37836 |
5126.081 of the Revised Code to provide the services and agrees to | 37837 |
provide the services to the individual and the individual chooses | 37838 |
the county board to provide the services, furnish, in accordance | 37839 |
with the county board's medicaid provider agreement and for the | 37840 |
authorized reimbursement rate, the services the individual | 37841 |
requires; | 37842 |
(6) Monitor the services provided to the individual. The | 37843 |
monitoring shall include quality assurance activities. If the | 37844 |
county board provides the services, the department of mental | 37845 |
retardation and developmental disabilities shall also monitor the | 37846 |
services. | 37847 |
(C) A county board shall perform its local administrative | 37848 |
authority under this section in accordance with all of the | 37849 |
following: | 37850 |
(1) The county board's plan that the department of mental | 37851 |
retardation and developmental disabilities approves under section | 37852 |
5123.046 of the Revised Code; | 37853 |
(2) All applicable federal and state laws; | 37854 |
(3) All applicable policies of the departments of mental | 37855 |
retardation and developmental disabilities and job and family | 37856 |
services and the United States department of health and human | 37857 |
services; | 37858 |
(4) The department of job and family services' supervision | 37859 |
under its authority under section 5111.01 of the Revised Code to | 37860 |
act as the single state medicaid agency; | 37861 |
(5) The department of mental retardation and developmental | 37862 |
disabilities' oversight. | 37863 |
(D) The departments of mental retardation and developmental | 37864 |
disabilities and job and family services shall communicate with | 37865 |
and provide training to county boards regarding local | 37866 |
administrative authority granted by this section. The | 37867 |
communication and training shall include issues regarding audit | 37868 |
protocols and other standards established by the United States | 37869 |
department of health and human services that the departments | 37870 |
determine appropriate for communication and training. County | 37871 |
boards shall participate in the training. The departments shall | 37872 |
assess the county board's compliance against uniform standards | 37873 |
that the departments shall establish. | 37874 |
(E) A county board may not delegate its local | 37875 |
administrative authority granted under this section but may | 37876 |
contract with a person or government entity, including a council | 37877 |
of governments, for assistance with its local administrative | 37878 |
authority. A county board that enters into such a contract shall | 37879 |
notify the director of mental retardation and developmental | 37880 |
disabilities. The notice shall include the tasks and | 37881 |
responsibilities that the contract gives to the person or | 37882 |
government entity. The person or government entity shall comply | 37883 |
in full with all requirements to which the county board is subject | 37884 |
regarding the person or government entity's tasks and | 37885 |
responsibilities under the contract. The county remains | 37886 |
ultimately responsible for the tasks and responsibilities. | 37887 |
(F) A county board that has local administrative authority | 37888 |
under this section shall, through the departments of mental | 37889 |
retardation and developmental disabilities and job and family | 37890 |
services, reply to, and cooperate in arranging compliance with, a | 37891 |
program or fiscal audit or program violation exception that a | 37892 |
state or federal audit or review discovers. The department of job | 37893 |
and family services shall timely notify the department of mental | 37894 |
retardation and developmental disabilities and the county board of | 37895 |
any adverse findings. After receiving the notice, the county | 37896 |
board, in conjunction with the department of mental retardation | 37897 |
and developmental disabilities, shall cooperate fully with the | 37898 |
department of job and family services and timely prepare and send | 37899 |
to the department a written plan of correction or response to the | 37900 |
adverse findings. The county board is liable for any adverse | 37901 |
findings that result from an action it takes or fails to take in | 37902 |
its implementation of local administrative authority. | 37903 |
(G)(1) If the department of mental retardation and | 37904 |
developmental disabilities or department of job and family | 37905 |
services determines that a county board's implementation of its | 37906 |
local administrative authority under this section is deficient, | 37907 |
the department that makes the determination shall require that | 37908 |
county board do the following: | 37909 |
(a) If the deficiency affects the health, safety, or | 37910 |
welfare of an individual with mental retardation or other | 37911 |
developmental disability, correct the deficiency within | 37912 |
twenty-four hours; | 37913 |
(b) If the deficiency does not affect the health, safety, | 37914 |
or welfare of an individual with mental retardation or other | 37915 |
developmental disability, submit a plan of correction to the | 37916 |
department that is acceptable to the department within sixty days | 37917 |
and correct the deficiency within the time required by the plan of | 37918 |
correction. | 37919 |
(2) If the county board fails to correct a deficiency | 37920 |
within the time required by division (G)(1) of this section to the | 37921 |
satisfaction of the department, or submit an acceptable plan of | 37922 |
correction within the time required by division (G)(1)(b) of this | 37923 |
section, the department shall do one of the following until the | 37924 |
county board's local administrative authority is restored under | 37925 |
division (G)(3) of this section: | 37926 |
(a) Assign the county board's local administrative authority | 37927 |
to one or more other county boards or a regional council | 37928 |
established under section 5126.13 of the Revised Code; | 37929 |
(b) Contract with a person or government entity that | 37930 |
provides management services but not medicaid-funded services to | 37931 |
perform the local administrative authority. | 37932 |
(3) If the department takes action under division (G)(2) of | 37933 |
this section, the department of mental retardation and | 37934 |
developmental disabilities shall closely monitor all aspects of | 37935 |
the county board's implementation of a plan of correction. The | 37936 |
department shall restore the county board's local administrative | 37937 |
authority when the department is satisfied that the county board | 37938 |
has successfully implemented all parts of the plan of correction | 37939 |
and is capable of adhering to medicaid standards. | 37940 |
Sec. 5126.056. (A) A county board of mental retardation and | 37941 |
developmental disabilities that has local administrative authority | 37942 |
under division (A) of section 5126.055 of the Revised Code for | 37943 |
home or community-based services shall pay the nonfederal share of | 37944 |
medicaid expenditures for such services provided to an individual | 37945 |
with mental retardation or other developmental disability who the | 37946 |
county board determines under section 5126.041 of the Revised Code | 37947 |
is eligible for county board services. | 37948 |
A county board that has local administrative authority under | 37949 |
division (B) of section 5126.055 of the Revised Code for medicaid | 37950 |
case management services shall pay the nonfederal share of | 37951 |
medicaid expenditures for such services provided to an individual | 37952 |
with mental retardation or other developmental disability who the | 37953 |
county board determines under section 5126.041 of the Revised Code | 37954 |
is eligible for county board services unless division (B)(2) of | 37955 |
section 5123.047 of the Revised Code requires the department of | 37956 |
mental retardation and developmental disabilities to pay the | 37957 |
nonfederal share. | 37958 |
A county board shall pay the nonfederal share of medicaid | 37959 |
expenditures for habilitation center services when required to do | 37960 |
so by division (D) of section 5111.041 of the Revised Code. | 37961 |
(B) A county board may use the following funds to pay the | 37962 |
nonfederal share of the services that the county board is required | 37963 |
by division (A) of this section to pay: | 37964 |
(1) To the extent consistent with the levy that generated | 37965 |
the taxes, the following taxes: | 37966 |
(a) Taxes levied pursuant to division (L) of section 5705.19 | 37967 |
of the Revised Code and section 5705.222 of the Revised Code; | 37968 |
(b) Taxes levied under section 5705.191 of the Revised Code | 37969 |
that the board of county commissioners allocates to the county | 37970 |
board to pay the nonfederal share of the services. | 37971 |
(2) Funds that the department of mental retardation and | 37972 |
developmental disabilities distributes to the county board under | 37973 |
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the | 37974 |
Revised Code; | 37975 |
(3) Funds that the department allocates to the county board | 37976 |
for habilitation center services provided under section 5111.041 | 37977 |
of the Revised Code; | 37978 |
(4) Earned federal revenue funds the county board receives | 37979 |
for medicaid services the county board provides pursuant to the | 37980 |
county board's valid medicaid provider agreement. | 37981 |
(C) If by December 31, 2001, the United States secretary of | 37982 |
health and human services allows for at least five hundred | 37983 |
additional individuals to receive home or community-based | 37984 |
services, each county board shall provide, by the last day of each | 37985 |
calendar year, assurances to the department of mental retardation | 37986 |
and developmental disabilities that the county board will have the | 37987 |
following amount available to pay the nonfederal share of the | 37988 |
services that the county board is required by division (A) of this | 37989 |
section to pay: | 37990 |
(1) For calendar year 2003, at least one-third of the value | 37991 |
of one-half, effective mill levied in the county the preceding | 37992 |
year; | 37993 |
(2) For calendar year 2004, at least two-thirds of the | 37994 |
value of one-half, effective mill levied in the county the | 37995 |
preceding year; | 37996 |
(3) For calendar year 2005 and each calendar year | 37997 |
thereafter, at least the value of one-half, effective mill levied | 37998 |
in the county the preceding year. | 37999 |
(D) Each year, each county board shall adopt a resolution | 38000 |
specifying the amount of funds it will use in the next year to pay | 38001 |
the nonfederal share of the services that the county board is | 38002 |
required by division (A) of this section to pay. The amount | 38003 |
specified shall be adequate to assure that the services will be | 38004 |
available in the county in a manner that conforms to all | 38005 |
applicable state and federal laws. A county board shall state in | 38006 |
its resolution that the payment of the nonfederal share represents | 38007 |
an ongoing financial commitment of the county board. A county | 38008 |
board shall adopt the resolution in time for the county auditor to | 38009 |
make the determination required by division (E) of this section. | 38010 |
(E) Each year, a county auditor shall determine whether the | 38011 |
amount of funds a county board specifies in the resolution it | 38012 |
adopts under division (D) of this section will be available in the | 38013 |
following year for the county board to pay the nonfederal share of | 38014 |
the services that the county board is required by division (A) of | 38015 |
this section to pay. The county auditor shall make the | 38016 |
determination not later than the last day of the year before the | 38017 |
year in which the funds are to be used. | 38018 |
Sec. 5126.12. (A) As used in this section: | 38019 |
(1)
"Approved school age
| 38020 |
operated by a county board of mental retardation and developmental | 38021 |
disabilities and
| 38022 |
education under
| 38023 |
Revised Code. | 38024 |
(2) "Approved preschool unit" means a class or unit operated | 38025 |
by a county board of mental retardation and developmental | 38026 |
disabilities and approved by the state board of education under | 38027 |
division (B) of section 3317.05 of the Revised Code. | 38028 |
(3) "Active treatment" means a continuous treatment program, | 38029 |
which includes aggressive, consistent implementation of a program | 38030 |
of specialized and generic training, treatment, health services, | 38031 |
and related services, that is directed toward the acquisition of | 38032 |
behaviors necessary for an individual with mental retardation or | 38033 |
other developmental disability to function with as much | 38034 |
self-determination and independence as possible and toward the | 38035 |
prevention of deceleration, regression, or loss of current optimal | 38036 |
functional status. | 38037 |
(4) "Eligible for active treatment" means that an individual | 38038 |
with mental retardation or other developmental disability resides | 38039 |
in an intermediate care facility for the mentally retarded | 38040 |
certified under Title XIX of the "Social Security Act," 49 Stat. | 38041 |
620 (1935), 42 U.S.C. 301, as amended; resides in a state | 38042 |
institution operated by the department of mental retardation and | 38043 |
developmental disabilities; or is enrolled in a home and | 38044 |
community-based services waiver program administered by the | 38045 |
department of mental retardation and developmental disabilities as | 38046 |
part of the medical assistance program established under section | 38047 |
5111.01 of the Revised Code. | 38048 |
(5) "Community alternative funding system" means the program | 38049 |
under which habilitation center services are reimbursed under the | 38050 |
| 38051 |
of the Revised Code and rules adopted under that section. | 38052 |
(6) "Community employment program" means community employment | 38053 |
services provided outside of a sheltered workshop setting under | 38054 |
which the person earns competitive wages for the performance of | 38055 |
work. | 38056 |
(7) "Traditional adult services" means vocational and | 38057 |
nonvocational activities conducted within a sheltered workshop or | 38058 |
adult activity center or supportive home services. | 38059 |
(B) Each county board of mental retardation and | 38060 |
developmental disabilities shall certify to the director of mental | 38061 |
retardation and developmental disabilities all of the following: | 38062 |
(1) On or before the fifteenth day of October, the average | 38063 |
daily membership for the first full week of programs and services | 38064 |
during October receiving: | 38065 |
(a) Early childhood services provided pursuant to section | 38066 |
5126.05 of the Revised Code for children who are less than three | 38067 |
years of age on the thirtieth day of September of the academic | 38068 |
year; | 38069 |
(b) Special education for handicapped children in approved | 38070 |
school age
| 38071 |
(c) Adult services for persons sixteen years of age and | 38072 |
older operated pursuant to section 5126.05 and division (B) of | 38073 |
section 5126.051 of the Revised Code. Separate counts shall be | 38074 |
made for the following: | 38075 |
(i) Persons enrolled in traditional adult services who are | 38076 |
eligible for but not enrolled in active treatment under the | 38077 |
community alternative funding system; | 38078 |
(ii) Persons enrolled in traditional adult services who are | 38079 |
eligible for and enrolled in active treatment under the community | 38080 |
alternative funding system; | 38081 |
(iii) Persons enrolled in traditional adult services but who | 38082 |
are not eligible for active treatment under the community | 38083 |
alternative funding system; | 38084 |
(iv) Persons participating in community employment services. | 38085 |
To be counted as participating in community employment services, a | 38086 |
person must have spent an average of no less than ten hours per | 38087 |
week in that employment during the preceding six months. | 38088 |
(d) Other programs in the county for individuals with mental | 38089 |
retardation and developmental disabilities that have been approved | 38090 |
for payment of subsidy by the department of mental retardation and | 38091 |
developmental disabilities. | 38092 |
The membership in each such program and service in the county | 38093 |
shall be reported on forms prescribed by the department of mental | 38094 |
retardation and developmental disabilities. | 38095 |
The department of mental retardation and developmental | 38096 |
disabilities shall adopt rules defining full-time equivalent | 38097 |
enrollees and for determining the average daily membership | 38098 |
therefrom, except that certification of average daily membership | 38099 |
in approved school age
| 38100 |
rules adopted by the state board of education. The average daily | 38101 |
membership figure shall be determined by dividing the amount | 38102 |
representing the sum of the number of enrollees in each program or | 38103 |
service in the week for which the certification is made by the | 38104 |
number of days the program or service was offered in that week. No | 38105 |
enrollee may be counted in average daily membership for more than | 38106 |
one program or service. | 38107 |
(2) By the fifteenth day of December, the number of children | 38108 |
enrolled in approved preschool units on the first day of December; | 38109 |
(3) On or before the thirtieth day of March, an itemized | 38110 |
report of all income and operating expenditures for the | 38111 |
immediately preceding calendar year, in the format specified by | 38112 |
the department of mental retardation and developmental | 38113 |
disabilities; | 38114 |
(4) By the fifteenth day of February, a report of the total | 38115 |
annual cost per enrollee for operation of programs and services in | 38116 |
the preceding calendar year. The report shall include a grand | 38117 |
total of all programs operated, the cost of the individual | 38118 |
programs, and the sources of funds applied to each program. | 38119 |
(5) That each required certification and report is in | 38120 |
accordance with rules established by the department of mental | 38121 |
retardation and developmental disabilities and the state board of | 38122 |
education for the operation and subsidization of the programs and | 38123 |
services. | 38124 |
(C) To compute payments under this section to the board for | 38125 |
the fiscal year, the department of mental retardation and | 38126 |
developmental disabilities shall use the certification of average | 38127 |
daily membership required by division (B)(1) of this section | 38128 |
exclusive of the average daily membership in any approved school | 38129 |
age
| 38130 |
(D) The department shall pay each county board for each | 38131 |
fiscal year an amount equal to nine hundred fifty dollars times | 38132 |
the certified number of persons who on the first day of December | 38133 |
of the academic year are under three years of age and are not in | 38134 |
an approved preschool unit. For persons who are at least age | 38135 |
sixteen and are not in an approved school age
| 38136 |
department shall pay each county board for each fiscal year the | 38137 |
following amounts: | 38138 |
(1) One thousand dollars times the certified average daily | 38139 |
membership of persons enrolled in traditional adult services who | 38140 |
are eligible for but not enrolled in active treatment under the | 38141 |
community alternative funding system; | 38142 |
(2) One thousand two hundred dollars times the certified | 38143 |
average daily membership of persons enrolled in traditional adult | 38144 |
services who are eligible for and enrolled in active treatment | 38145 |
under the community alternative funding system; | 38146 |
(3) No less than one thousand five hundred dollars times the | 38147 |
certified average daily membership of persons enrolled in | 38148 |
traditional adult services but who are not eligible for active | 38149 |
treatment under the community alternative funding system; | 38150 |
(4) No less than one thousand five hundred dollars times the | 38151 |
certified average daily membership of persons participating in | 38152 |
community employment services. | 38153 |
(E) The department shall distribute this subsidy to county | 38154 |
boards in semiannual installments of equal amounts. The | 38155 |
installments shall be made not later than the thirty-first day of | 38156 |
August and the thirty-first day of January. | 38157 |
(F) The director of mental retardation and developmental | 38158 |
disabilities shall make efforts to obtain increases in the | 38159 |
subsidies for early childhood services and adult services so that | 38160 |
the amount of the subsidies is equal to at least fifty per cent of | 38161 |
the statewide average cost of those services minus any applicable | 38162 |
federal reimbursements for those services. The director shall | 38163 |
advise the director of budget and management of the need for any | 38164 |
such increases when submitting the biennial appropriations request | 38165 |
for the department. | 38166 |
(G) In determining the reimbursement of a county board for | 38167 |
the provision of case management and family support services and | 38168 |
other services required or approved by the director for which | 38169 |
children three through twenty-one years of age are eligible, the | 38170 |
department shall include the average daily membership in approved | 38171 |
school age or preschool units. The department, in accordance with | 38172 |
this section and upon receipt and approval of the certification | 38173 |
required by this section and any other information it requires to | 38174 |
enable it to determine a board's payments, shall pay the agency | 38175 |
providing the specialized training the amounts payable under this | 38176 |
section. | 38177 |
Sec. 5126.18. (A) The department of mental retardation and | 38178 |
developmental disabilities may pay to each county board of mental | 38179 |
retardation and developmental disabilities whose hypothetical | 38180 |
local revenue per enrollee is less than the hypothetical statewide | 38181 |
average revenue per enrollee the amount computed under division | 38182 |
(B) of this section. The department may make the payment to a | 38183 |
county board only if the plan the county board develops under | 38184 |
section 5126.054 of the Revised Code is approved under section | 38185 |
5123.046 of the Revised Code. If this section is implemented in | 38186 |
any year, payments shall be made on or before the thirtieth day of | 38187 |
September. | 38188 |
(B) Except as provided in division (C) of this section, the | 38189 |
amount to be paid to a county board shall be equal to the | 38190 |
following: | 38191 |
(1) If the county board's effective tax rate is equal to or | 38192 |
greater than one mill, the product obtained by multiplying the | 38193 |
following two quantities: | 38194 |
(a) The amount by which the hypothetical statewide average | 38195 |
revenue per enrollee exceeds the county board's hypothetical local | 38196 |
revenue per enrollee; | 38197 |
(b) The county board's infant and adult enrollment. | 38198 |
(2) If the county board's effective tax rate is less than | 38199 |
one mill, the product obtained by multiplying the following three | 38200 |
quantities: | 38201 |
(a) The amount by which the hypothetical statewide average | 38202 |
revenue per enrollee exceeds the county board's hypothetical local | 38203 |
revenue per enrollee; | 38204 |
(b) The county board's infant and adult enrollment; | 38205 |
(c) The quotient obtained by dividing the county board's | 38206 |
effective tax rate by one mill. | 38207 |
(C)(1) For each individual who is enrolled in active | 38208 |
treatment under the community alternative funding system as | 38209 |
defined in section 5126.12 of the Revised Code, the department may | 38210 |
reduce the portion of the payment made under this section for that | 38211 |
individual by fifty per cent or less. | 38212 |
(2) If, in any year, an appropriation by the general | 38213 |
assembly to the department for purposes of this section is less | 38214 |
than the total amount required to make, in full, the payments as | 38215 |
determined under and authorized by this section, the department | 38216 |
shall pay each county board the same percentage of the board's | 38217 |
payment as determined under this section without regard to this | 38218 |
division that the amount of the appropriation available for | 38219 |
purposes of this section is of the total amount of payments as | 38220 |
determined under this section without regard to this division. | 38221 |
(3) Payments made to a county board pursuant to this section | 38222 |
shall not exceed thirty per cent of the payments made to that | 38223 |
board pursuant to section 5126.12 of the Revised Code. | 38224 |
(D) Payments made under this section are supplemental to all | 38225 |
other state or federal funds for which county boards are eligible | 38226 |
and shall be made from funds appropriated for purposes of this | 38227 |
section.
| 38228 |
solely
| 38229 |
38230 | |
38231 | |
38232 | |
medicaid expenditures that division (A) of section 5126.056 of the | 38233 |
Revised Code requires the county board to pay. | 38234 |
(E) Each county board that receives a payment under this | 38235 |
section shall, for each year it receives a payment, certify to the | 38236 |
department that it will make a good faith effort to obtain | 38237 |
revenues, including federal funds, for services to individuals | 38238 |
included in its infant and adult enrollment. | 38239 |
Sec. 5126.357. (A) As used in this section: | 38240 |
(1) "In-home care" means the supportive services provided | 38241 |
within the home of an individual who receives funding for the | 38242 |
services as a county board client, including any client who | 38243 |
receives
residential services funded through
| 38244 |
38245 | |
38246 | |
38247 | |
section 5126.11 of the Revised Code, or supported living provided | 38248 |
in accordance with sections 5126.41 to 5126.47 of the Revised | 38249 |
Code. "In-home care" includes care that is provided outside a | 38250 |
client's home in places incidental to the home, and while | 38251 |
traveling to places incidental to the home, except that "in-home | 38252 |
care" does not include care provided in the facilities of a county | 38253 |
board of mental retardation and developmental disabilities or care | 38254 |
provided in schools. | 38255 |
(2) "Parent" means either parent of a child, including an | 38256 |
adoptive parent but not a foster parent. | 38257 |
(3) "Unlicensed in-home care worker" means an individual who | 38258 |
provides in-home care but is not a health care professional. A | 38259 |
county board worker may be an unlicensed in-home care worker. | 38260 |
(4) "Family member" means a parent, sibling, spouse, son, | 38261 |
daughter, grandparent, aunt, uncle, cousin, or guardian of the | 38262 |
individual with mental retardation or a developmental disability | 38263 |
if the individual with mental retardation or developmental | 38264 |
disabilities lives with the person and is dependent on the person | 38265 |
to the extent that, if the supports were withdrawn, another living | 38266 |
arrangement would have to be found. | 38267 |
(B) Except as provided in division (D) of this section, a | 38268 |
family member of an individual with mental retardation or a | 38269 |
developmental disability may authorize an unlicensed in-home care | 38270 |
worker to give or apply prescribed medication or perform other | 38271 |
health care tasks as part of the in-home care provided to the | 38272 |
individual, if the family member is the primary supervisor of the | 38273 |
care and the unlicensed in-home care worker has been selected by | 38274 |
the family member and is under the direct supervision of the | 38275 |
family member. Sections 4723.62 and 5126.351 to 5126.356 of the | 38276 |
Revised Code do not apply to the in-home care authorized by a | 38277 |
family member under this section. Instead, a family member shall | 38278 |
obtain a prescription, if applicable, and written instructions | 38279 |
from a health care professional for the care to be provided to the | 38280 |
individual. The family member shall authorize the unlicensed | 38281 |
in-home care worker to provide the care by preparing a written | 38282 |
document granting the authority. The family member shall provide | 38283 |
the unlicensed in-home care worker with appropriate training and | 38284 |
written instructions in accordance with the instructions obtained | 38285 |
from the health care professional. | 38286 |
(C) A family member who authorizes an unlicensed in-home | 38287 |
care worker to give or apply prescribed medication or perform | 38288 |
other health care tasks retains full responsibility for the health | 38289 |
and safety of the individual receiving the care and for ensuring | 38290 |
that the worker provides the care appropriately and safely. No | 38291 |
entity that funds or monitors the provision of in-home care may be | 38292 |
held liable for the results of the care provided under this | 38293 |
section by an unlicensed in-home care worker, including such | 38294 |
entities as the county board of mental retardation and | 38295 |
developmental disabilities, any other entity that employs an | 38296 |
unlicensed in-home care worker, and the department of mental | 38297 |
retardation and developmental disabilities. | 38298 |
An unlicensed in-home care worker who is authorized under | 38299 |
this section by a family member to provide care to an individual | 38300 |
may not be held liable for any injury caused in providing the | 38301 |
care, unless the worker provides the care in a manner that is not | 38302 |
in accordance with the training and instructions received or the | 38303 |
worker acts in a manner that constitutes wanton or reckless | 38304 |
misconduct. | 38305 |
(D) A county board of mental retardation and developmental | 38306 |
disabilities may evaluate the authority granted by a family member | 38307 |
under this section to an unlicensed in-home care worker at any | 38308 |
time it considers necessary and shall evaluate the authority on | 38309 |
receipt of a complaint. If the board determines that a family | 38310 |
member has acted in a manner that is inappropriate for the health | 38311 |
and safety of the individual receiving the services, the | 38312 |
authorization granted by the family member to an unlicensed | 38313 |
in-home care worker is void, and the family member may not | 38314 |
authorize other unlicensed in-home care workers to provide the | 38315 |
care. In making such a determination, the board shall use | 38316 |
appropriately licensed health care professionals and shall provide | 38317 |
the family member an opportunity to file a complaint under section | 38318 |
5126.06 of the Revised Code. | 38319 |
Sec. 5126.431. (A) Pursuant to Chapter 119. of the Revised | 38320 |
Code, the department of mental retardation and developmental | 38321 |
disabilities shall adopt rules establishing standards and | 38322 |
procedures for certification of persons and government entities | 38323 |
that provide or propose to provide, under
contract with
| 38324 |
38325 | |
retardation and developmental disabilities, supported living for | 38326 |
individuals with mental retardation or developmental disabilities. | 38327 |
The rules shall allow a person or government entity to | 38328 |
automatically satisfy a standard for certification under this | 38329 |
section if the person holds a current, valid license under section | 38330 |
5123.19 of the Revised Code to operate a residential facility and | 38331 |
had to satisfy the standard to obtain the residential facility | 38332 |
license. | 38333 |
(B) Pursuant to Chapter 119. of the Revised Code, the | 38334 |
department shall adopt rules establishing quality assurance | 38335 |
standards for supported living provided to individuals by | 38336 |
providers certified under this section. | 38337 |
(C) The rules adopted under this section shall include the | 38338 |
following: | 38339 |
(1) Procedures for ensuring that providers comply with | 38340 |
section 5126.281 of the Revised Code; | 38341 |
(2) Methods of evaluating the services provided and | 38342 |
protecting the due process rights of any individual or entity | 38343 |
affected by an evaluation or decision made pursuant to this | 38344 |
section; | 38345 |
(3) Procedures for revoking certification. | 38346 |
(D)(1) Providers shall be evaluated to ensure that services | 38347 |
are provided in a quality manner advantageous to the individual | 38348 |
receiving the services. When evaluations are conducted, the | 38349 |
following shall be considered: | 38350 |
(a) The provider's experience and financial responsibility; | 38351 |
(b) The ability to comply with program standards for | 38352 |
supported living; | 38353 |
(c) The ability to meet the needs of the individuals served; | 38354 |
(d)
| 38355 |
38356 |
| 38357 |
(2) The records of evaluations conducted under this section | 38358 |
are public records for purposes of section 149.43 of the Revised | 38359 |
Code and shall be made available on request of any person, | 38360 |
including individuals being served, individuals seeking supported | 38361 |
living, and county boards. | 38362 |
(E) The department shall certify providers in accordance | 38363 |
with the rules adopted under this section. The department may | 38364 |
revoke a provider's certification for good cause, including | 38365 |
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, | 38366 |
financial irresponsibility, or other conduct the department | 38367 |
determines is injurious to individuals being served. | 38368 |
Sec. 5139.01. (A) As used in this chapter: | 38369 |
(1) "Commitment" means the transfer of the physical custody | 38370 |
of a child or youth from the court to the department of youth | 38371 |
services. | 38372 |
(2) "Permanent commitment" means a commitment that vests | 38373 |
legal custody of a child in the department of youth services. | 38374 |
(3) "Legal custody," insofar as it pertains to the status | 38375 |
that is created when a child is permanently committed to the | 38376 |
department of youth services, means a legal status in which the | 38377 |
department has the following rights and responsibilities: the | 38378 |
right to have physical possession of the child; the right and duty | 38379 |
to train, protect, and control the child; the responsibility to | 38380 |
provide the child with food, clothing, shelter, education, and | 38381 |
medical care; and the right to determine where and with whom the | 38382 |
child shall live, subject to the minimum periods of, or periods | 38383 |
of, institutional care prescribed in section 2151.355 of the | 38384 |
Revised Code; provided, that these rights and responsibilities are | 38385 |
exercised subject to the powers, rights, duties, and | 38386 |
responsibilities of the guardian of the person of the child, and | 38387 |
subject to any residual parental rights and responsibilities. | 38388 |
(4) Unless the context requires a different meaning, | 38389 |
"institution" means a state facility that is created by the | 38390 |
general assembly and that is under the management and control of | 38391 |
the department of youth services or a private entity with which | 38392 |
the department has contracted for the institutional care and | 38393 |
custody of felony delinquents. | 38394 |
(5) "Full-time care" means care for twenty-four hours a day | 38395 |
for over a period of at least two consecutive weeks. | 38396 |
(6) "Placement" means the conditional release of a child | 38397 |
under the terms and conditions that are specified by the | 38398 |
department of youth services. The department shall retain legal | 38399 |
custody of a child released pursuant to division (C) of section | 38400 |
2151.38 of the Revised Code or division (C) of section 5139.06 of | 38401 |
the Revised Code until the time that it discharges the child or | 38402 |
until the legal custody is terminated as otherwise provided by | 38403 |
law. | 38404 |
(7) "Home placement" means the placement of a child in the | 38405 |
home of the child's parent or parents or in the home of the | 38406 |
guardian of the child's person. | 38407 |
(8) "Discharge" means that the department of youth services' | 38408 |
legal custody of a child is terminated. | 38409 |
(9) "Release" means the termination of a child's stay in an | 38410 |
institution and the subsequent period during which the child | 38411 |
returns to the community under the terms and conditions of | 38412 |
supervised release. | 38413 |
(10) "Delinquent child" has the same meaning as in section | 38414 |
2151.02 of the Revised Code. | 38415 |
(11) "Felony delinquent" means any child who is at least | 38416 |
twelve years of age but less than eighteen years of age and who is | 38417 |
adjudicated a delinquent child for having committed an act that if | 38418 |
committed by an adult would be a felony. "Felony delinquent" | 38419 |
includes any adult who is between the ages of eighteen and | 38420 |
twenty-one and who is in the legal custody of the department of | 38421 |
youth services for having committed an act that if committed by an | 38422 |
adult would be a felony. | 38423 |
(12) "Juvenile traffic offender" has the same meaning as in | 38424 |
section 2151.021 of the Revised Code. | 38425 |
(13) "Public safety beds" means all of the following: | 38426 |
(a) Felony delinquents who have been committed to the | 38427 |
department of youth services for the commission of an act, other | 38428 |
than a violation of section 2911.01 or 2911.11 of the Revised | 38429 |
Code, that is a category one offense or a category two offense and | 38430 |
who are in the care and custody of an institution or have been | 38431 |
diverted from care and custody in an institution and placed in a | 38432 |
community corrections facility; | 38433 |
(b) Felony delinquents who, while committed to the | 38434 |
department of youth services and in the care and custody of an | 38435 |
institution or a community corrections facility, are adjudicated | 38436 |
delinquent children for having committed in that institution or | 38437 |
community corrections facility an act that if committed by an | 38438 |
adult would be a felony; | 38439 |
(c) Children who satisfy all of the following: | 38440 |
(i) They are at least twelve years of age but less than | 38441 |
eighteen years of age. | 38442 |
(ii) They are adjudicated delinquent children for having | 38443 |
committed acts that if committed by an adult would be a felony. | 38444 |
(iii) They are committed to the department of youth services | 38445 |
by the juvenile court of a county that has had one-tenth of one | 38446 |
per cent or less of the statewide adjudications for felony | 38447 |
delinquents as averaged for the past four fiscal years. | 38448 |
(iv) They are in the care and custody of an institution or a | 38449 |
community corrections facility. | 38450 |
(d) Felony delinquents who, while committed to the | 38451 |
department of youth services and in the care and custody of an | 38452 |
institution, commit in that institution an act that if committed | 38453 |
by an adult would be a felony, who are serving disciplinary time | 38454 |
for having committed that act, and who have been institutionalized | 38455 |
or institutionalized in a secure facility for the minimum period | 38456 |
of time specified in division (A)(4) or (5) of section 2151.355 of | 38457 |
the Revised Code. | 38458 |
(e) Felony delinquents who are subject to and serving a | 38459 |
three-year period of commitment order imposed by a juvenile court | 38460 |
pursuant to division (A)(7) of section 2151.355 of the Revised | 38461 |
Code for an act, other than a violation of section 2911.11 of the | 38462 |
Revised Code, that would be a category one offense or category two | 38463 |
offense if committed by an adult. | 38464 |
(f) Felony delinquents who are described in divisions | 38465 |
(A)(13)(a) to (e) of this section, who have been granted a | 38466 |
judicial release under division (B) of section 2151.38 of the | 38467 |
Revised Code or an early release under division (C) of that | 38468 |
section from the commitment to the department of youth services | 38469 |
for the act described in divisions (A)(13)(a) to (e) of this | 38470 |
section, who have violated the terms and conditions of that | 38471 |
judicial release or early release, and who, pursuant to an order | 38472 |
of the court of the county in which the particular felony | 38473 |
delinquent was placed on release that is issued pursuant to | 38474 |
division (D) of section 2151.38 of the Revised Code, have been | 38475 |
returned to the department for institutionalization or | 38476 |
institutionalization in a secure facility. | 38477 |
(g) Felony delinquents who have been committed to the | 38478 |
custody of the department of youth services, who have been granted | 38479 |
supervised release from the commitment pursuant to section 5139.51 | 38480 |
of the Revised Code, who have violated the terms and conditions of | 38481 |
that supervised release, and who, pursuant to an order of the | 38482 |
court of the county in which the particular child was placed on | 38483 |
supervised release issued pursuant to division (F) of section | 38484 |
5139.52 of the Revised Code, have had the supervised release | 38485 |
revoked and have been returned to the department for | 38486 |
institutionalization. A felony delinquent described in this | 38487 |
division shall be a public safety bed only for the time during | 38488 |
which the felony delinquent is institutionalized as a result of | 38489 |
the revocation subsequent to the initial thirty-day period of | 38490 |
institutionalization required by division (F) of section 5139.52 | 38491 |
of the Revised Code. | 38492 |
(14) "State target youth" means twenty-five per cent of the | 38493 |
projected total number of felony delinquents for each year of a | 38494 |
biennium, factoring in revocations and recommitments. | 38495 |
(15) Unless the context requires a different meaning, | 38496 |
"community corrections facility" means a county or multicounty | 38497 |
rehabilitation center for felony delinquents who have been | 38498 |
committed to the department of youth services and diverted from | 38499 |
care and custody in an institution and placed in the | 38500 |
rehabilitation center pursuant to division (E) of section 5139.36 | 38501 |
of the Revised Code. | 38502 |
(16) "Secure facility" means any facility that is designed | 38503 |
and operated to ensure that all of its entrances and exits are | 38504 |
under the exclusive control of its staff and to ensure that, | 38505 |
because of that exclusive control, no child who has been | 38506 |
institutionalized in the facility may leave the facility without | 38507 |
permission or supervision. | 38508 |
(17) "Community residential program" means a program that | 38509 |
satisfies both of the following: | 38510 |
(a) It is housed in a building or other structure that has | 38511 |
no associated major restraining construction, including, but not | 38512 |
limited to, a security fence. | 38513 |
(b) It provides twenty-four-hour care, supervision, and | 38514 |
programs for felony delinquents who are in residence. | 38515 |
(18) "Category one offense" and "category two offense" have | 38516 |
the same meanings as in section 2151.26 of the Revised Code. | 38517 |
(19) "Disciplinary time" means additional time that the | 38518 |
department of youth services requires a felony delinquent to serve | 38519 |
in an institution, that delays the felony delinquent's planned | 38520 |
release, and that the department imposes upon the felony | 38521 |
delinquent following the conduct of an internal due process | 38522 |
hearing for having committed any of the following acts while | 38523 |
committed to the department and in the care and custody of an | 38524 |
institution: | 38525 |
(a) An act that if committed by an adult would be a felony; | 38526 |
(b) An act that if committed by an adult would be a | 38527 |
misdemeanor; | 38528 |
(c) An act that is not described in division (A)(19)(a) or | 38529 |
(b) of this section and that violates an institutional rule of | 38530 |
conduct of the department. | 38531 |
(20) "Unruly child" has the same meaning as in section | 38532 |
2151.022 of the Revised Code. | 38533 |
(21) "Revocation" means the act of revoking a child's | 38534 |
supervised release for a violation of a term or condition of the | 38535 |
child's supervised release in accordance with section 5139.52 of | 38536 |
the Revised Code. | 38537 |
(22) "Release authority" means the release authority of the | 38538 |
department of youth services that is established by section | 38539 |
5139.50 of the Revised Code. | 38540 |
(23) "Supervised release" means the event of the release of a | 38541 |
child under this chapter from an institution and the period after | 38542 |
that release during which the child is supervised and assisted by | 38543 |
an employee of the department of youth services under specific | 38544 |
terms and conditions for reintegration of the child into the | 38545 |
community. | 38546 |
(24) "Victim" means the person identified in a police report, | 38547 |
complaint, or information as the victim of an act that would have | 38548 |
been a criminal offense if committed by an adult and that provided | 38549 |
the basis for adjudication proceedings resulting in a child's | 38550 |
commitment to the legal custody of the department of youth | 38551 |
services. | 38552 |
(25) "Victim's representative" means a member of the victim's | 38553 |
family or another person whom the victim or another authorized | 38554 |
person designates in writing, pursuant to section 5139.56 of the | 38555 |
Revised Code, to represent the victim with respect to proceedings | 38556 |
of the release authority of the department of youth services and | 38557 |
with respect to other matters specified in that section. | 38558 |
(26) "Member of the victim's family" means a spouse, child, | 38559 |
stepchild, sibling, parent, stepparent, grandparent, other | 38560 |
relative, or legal guardian of a child but does not include a | 38561 |
person charged with, convicted of, or adjudicated a delinquent | 38562 |
child for committing a criminal or delinquent act against the | 38563 |
victim or another criminal or delinquent act arising out of the | 38564 |
same conduct, criminal or delinquent episode, or plan as the | 38565 |
criminal or delinquent act committed against the victim. | 38566 |
(27) "Judicial release" means a release of a child from | 38567 |
institutional care or institutional care in a secure facility that | 38568 |
is granted by a court pursuant to division (B) of section 2151.38 | 38569 |
of the Revised Code during the period specified in that division. | 38570 |
(28) "Early release" means a release of a child from | 38571 |
institutional care or institutional care in a secure facility that | 38572 |
is granted by a court pursuant to division (C) of section 2151.38 | 38573 |
of the Revised Code during the period specified in that division. | 38574 |
(29) "Juvenile justice system" includes all of the functions | 38575 |
of the juvenile courts, the department of youth services, any | 38576 |
public or private agency whose purposes include the prevention of | 38577 |
delinquency or the diversion, adjudication, detention, or | 38578 |
rehabilitation of delinquent children, and any of the functions of | 38579 |
the criminal justice system that are applicable to children. | 38580 |
(30) "Metropolitan county criminal justice services agency" | 38581 |
means an agency that is established pursuant to division (A) of | 38582 |
section 181.54 of the Revised Code. | 38583 |
(31) "Administrative planning district" means a district that | 38584 |
is established pursuant to division (A) or (B) of section 181.56 | 38585 |
of the Revised Code. | 38586 |
(32) "Criminal justice coordinating council" means a criminal | 38587 |
justice services agency that is established pursuant to division | 38588 |
(D) of section 181.56 of the Revised Code. | 38589 |
(33) "Comprehensive plan" means a document that coordinates, | 38590 |
evaluates, and otherwise assists, on an annual or multi-year | 38591 |
basis, all of the functions of the juvenile justice systems of | 38592 |
the state or a specified area of the state, that conforms to the | 38593 |
priorities of the state with respect to juvenile justice systems, | 38594 |
and that conforms with the requirements of all federal criminal | 38595 |
justice acts. These functions include, but are not limited to, | 38596 |
all of the following: | 38597 |
(a) Delinquency prevention; | 38598 |
(b) Identification, detection, apprehension, and detention | 38599 |
of persons charged with delinquent acts; | 38600 |
(c) Assistance to crime victims or witnesses, except that | 38601 |
the comprehensive plan does not include the functions of the | 38602 |
attorney general pursuant to sections 109.91 and 109.92 of the | 38603 |
Revised Code; | 38604 |
(d) Adjudication or diversion of persons charged with | 38605 |
delinquent acts; | 38606 |
(e) Custodial treatment of delinquent children; | 38607 |
(f) Institutional and noninstitutional rehabilitation of | 38608 |
delinquent children. | 38609 |
(B) There is hereby created the department of youth | 38610 |
services. The governor shall appoint the director of the | 38611 |
department with the advice and consent of the senate. The | 38612 |
director shall hold office during the term of the appointing | 38613 |
governor but subject to removal at the pleasure of the governor. | 38614 |
Except as otherwise authorized in section 108.05 of the Revised | 38615 |
Code, the director shall devote the director's entire time to the | 38616 |
duties of the director's office and shall hold no other office or | 38617 |
position of trust or profit during the director's term of office. | 38618 |
The director is the chief executive and administrative | 38619 |
officer of the department and has all the powers of a department | 38620 |
head set forth in Chapter 121. of the Revised Code. The director | 38621 |
may adopt rules for the government of the department, the conduct | 38622 |
of its officers and employees, the performance of its business, | 38623 |
and the custody, use, and preservation of the department's | 38624 |
records, papers, books, documents, and property. The director | 38625 |
shall be an appointing authority within the meaning of Chapter | 38626 |
124. of the Revised Code. Whenever this or any other chapter or | 38627 |
section of the Revised Code imposes a duty on or requires an | 38628 |
action of the department, the duty or action shall be performed by | 38629 |
the director or, upon the director's order, in the name of the | 38630 |
department. | 38631 |
Sec. 5139.11. The department of youth services shall do all | 38632 |
of the following: | 38633 |
(A) Through a program of education, promotion, and | 38634 |
organization, form groups of local citizens and assist these | 38635 |
groups in conducting activities aimed at the prevention and | 38636 |
control of juvenile delinquency, making use of local people and | 38637 |
resources for the following purposes: | 38638 |
(1) Combatting local conditions known to contribute to | 38639 |
juvenile delinquency; | 38640 |
(2) Developing recreational and other programs for youth | 38641 |
work; | 38642 |
(3) Providing adult sponsors for delinquent children cases; | 38643 |
(4) Dealing with other related problems of the locality; | 38644 |
(B) Advise local, state, and federal officials, public and | 38645 |
private agencies, and lay groups on the needs for and possible | 38646 |
methods of the reduction and prevention of juvenile delinquency | 38647 |
and the treatment of delinquent children; | 38648 |
(C) Consult with the schools and courts of this state on the | 38649 |
development of programs for the reduction and prevention of | 38650 |
delinquency and the treatment of delinquents; | 38651 |
(D) Cooperate with other agencies whose services deal with | 38652 |
the care and treatment of delinquent children to the end that | 38653 |
delinquent children who are state wards may be assisted whenever | 38654 |
possible to a successful adjustment outside of institutional care; | 38655 |
(E) Cooperate with other agencies in surveying, developing, | 38656 |
and utilizing the recreational resources of a community as a means | 38657 |
of combatting the problem of juvenile delinquency and effectuating | 38658 |
rehabilitation; | 38659 |
(F) Hold district and state conferences from time to time in | 38660 |
order to acquaint the public with current problems of juvenile | 38661 |
delinquency and develop a sense of civic responsibility toward the | 38662 |
prevention of juvenile delinquency; | 38663 |
(G) Assemble and distribute information relating to juvenile | 38664 |
delinquency and report on studies relating to community conditions | 38665 |
that affect the problem of juvenile delinquency; | 38666 |
(H) Assist any community within the state by conducting a | 38667 |
comprehensive survey of the community's available public and | 38668 |
private resources, and recommend methods of establishing a | 38669 |
community program for combatting juvenile delinquency and crime, | 38670 |
but no survey of that type shall be conducted unless local | 38671 |
individuals and groups request it through their local authorities, | 38672 |
and no request of that type shall be interpreted as binding the | 38673 |
community to following the recommendations made as a result of the | 38674 |
request; | 38675 |
(I) Evaluate the rehabilitation of children committed to the | 38676 |
department and prepare and submit periodic reports to the | 38677 |
committing court for the following purposes: | 38678 |
(1) Evaluating the effectiveness of institutional treatment; | 38679 |
(2) Making recommendations for early release where | 38680 |
appropriate and recommending terms and conditions for release; | 38681 |
(3) Reviewing the placement of children and recommending | 38682 |
alternative placements where appropriate. | 38683 |
(J) Coordinate dates for hearings to be conducted under | 38684 |
section 2151.38 of the Revised Code and assist in the transfer and | 38685 |
release of children from institutionalization to the custody of | 38686 |
the committing court; | 38687 |
(K)(1) Coordinate and assist juvenile justice systems by | 38688 |
doing the following: | 38689 |
(a) Performing juvenile justice system planning in the state, | 38690 |
including any planning that is required by any federal law; | 38691 |
(b) Collecting, analyzing, and correlating information and | 38692 |
data concerning the juvenile justice system in the state; | 38693 |
(c) Cooperating with and providing technical assistance to | 38694 |
state departments, administrative planning districts, metropolitan | 38695 |
county criminal justice services agencies, criminal justice | 38696 |
coordinating councils, and agencies, offices, and departments of | 38697 |
the juvenile justice system in the state, and other appropriate | 38698 |
organizations and persons; | 38699 |
(d) Encouraging and assisting agencies, offices, and | 38700 |
departments of the juvenile justice system in the state and other | 38701 |
appropriate organizations and persons to solve problems that | 38702 |
relate to the duties of the department; | 38703 |
(e) Administering within the state any juvenile justice acts | 38704 |
and programs that the governor requires the department to | 38705 |
administer; | 38706 |
(f) Implementing the state comprehensive plans; | 38707 |
(g) Auditing grant activities of agencies, offices, | 38708 |
organizations, and persons that are financed in whole or in part | 38709 |
by funds granted through the department; | 38710 |
(h) Monitoring or evaluating the performance of juvenile | 38711 |
justice system projects and programs in the state that are | 38712 |
financed in whole or in part by funds granted through the | 38713 |
department; | 38714 |
(i) Applying for, allocating, disbursing, and accounting for | 38715 |
grants that are made available pursuant to federal juvenile | 38716 |
justice acts, or made available from other federal, state, or | 38717 |
private sources, to improve the criminal and juvenile justice | 38718 |
systems in the state. All money from federal juvenile justice act | 38719 |
grants shall, if the terms under which the money is received | 38720 |
require that the money be deposited into an interest bearing fund | 38721 |
or account, be deposited in the state treasury to the credit of | 38722 |
the federal juvenile justice program purposes fund, which is | 38723 |
hereby created. All investment earnings shall be credited to the | 38724 |
fund. | 38725 |
(j) Contracting with federal, state, and local agencies, | 38726 |
foundations, corporations, businesses, and persons when necessary | 38727 |
to carry out the duties of the department; | 38728 |
(k) Overseeing the activities of metropolitan county | 38729 |
criminal justice services agencies, administrative planning | 38730 |
districts, and juvenile justice coordinating councils in the | 38731 |
state; | 38732 |
(l) Advising the general assembly and governor on | 38733 |
legislation and other significant matters that pertain to the | 38734 |
improvement and reform of the juvenile justice system in the | 38735 |
state; | 38736 |
(m) Preparing and recommending legislation to the general | 38737 |
assembly and governor for the improvement of the juvenile justice | 38738 |
system in the state; | 38739 |
(n) Assisting, advising, and making any reports that are | 38740 |
required by the governor, attorney general, or general assembly; | 38741 |
(o) Adopting rules pursuant to Chapter 119. of the Revised | 38742 |
Code. | 38743 |
(2) Division (K)(1) of this section does not limit the | 38744 |
discretion or authority of the attorney general with respect to | 38745 |
crime victim assistance and criminal and juvenile justice | 38746 |
programs. | 38747 |
(3) Nothing in division (K)(1) of this section is intended | 38748 |
to diminish or alter the status of the office of the attorney | 38749 |
general as a criminal justice services agency; | 38750 |
(4) The governor may appoint any advisory committees to | 38751 |
assist the department that the governor considers appropriate or | 38752 |
that are required under any state or federal law. | 38753 |
Sec. 5139.29. The department of youth services shall adopt | 38754 |
and promulgate regulations prescribing the method of calculating | 38755 |
the amount of and the time and manner for the payment of financial | 38756 |
assistance granted under
sections
5139.27 | 38757 |
38758 | |
of a district detention home established under section 2151.34 of | 38759 |
the Revised Code, or for the construction and maintenance of a | 38760 |
school, forestry camp, or other facility established under section | 38761 |
2151.65 of the Revised Code. | 38762 |
Sec. 5139.31. The department of youth services may inspect | 38763 |
any school, forestry camp, district detention home, or other | 38764 |
facility for which an application for financial assistance has | 38765 |
been made to the department under section 2151.341, 2151.3416, or | 38766 |
2151.651 | 38767 |
assistance has been granted by the department under section | 38768 |
5139.27, 5139.271,
| 38769 |
inspection may include, but need not be limited to, examination | 38770 |
and evaluation of the physical condition of the school, forestry | 38771 |
camp, district detention home, or other facility, including any | 38772 |
equipment used in connection with it; observation and evaluation | 38773 |
of the training and treatment of children admitted to it; | 38774 |
examination and analysis and copying of any papers, records, or | 38775 |
other documents relating to the qualifications of personnel, the | 38776 |
commitment of children to it, and its administration. | 38777 |
Sec. 5139.87. There are hereby created in the state | 38778 |
treasury the federal juvenile justice programs funds. A separate | 38779 |
fund shall be established each federal fiscal year. All federal | 38780 |
grants and other moneys received for federal juvenile programs | 38781 |
shall be deposited into the funds. All receipts deposited into | 38782 |
the funds shall be used for federal juvenile programs. All | 38783 |
investment earnings on the cash balance in a federal juvenile | 38784 |
program fund shall be credited to that fund for the appropriate | 38785 |
federal fiscal year. | 38786 |
Sec. 5153.06. The county children services board may enter | 38787 |
into a written contract with the board's executive director | 38788 |
specifying terms and conditions of the executive director's | 38789 |
employment. The executive director shall not be in the classified | 38790 |
civil service. The period of the contract shall not exceed three | 38791 |
years. Such a contract shall in no way abridge the right of the | 38792 |
county children services board to terminate the employment of the | 38793 |
executive director as an unclassified employee at will, but may | 38794 |
specify terms and conditions for any such termination. | 38795 |
Sec. 5153.165. If a family is encountering an emergency | 38796 |
that could lead, or has led, to removal of a child from the | 38797 |
family's home pursuant to Chapter 2151. of the Revised Code, the | 38798 |
public children services agency shall determine whether the child | 38799 |
could remain safely with, or be safely returned to, the family if | 38800 |
the emergency were alleviated by providing
| 38801 |
services under the prevention, retention, and contingency program | 38802 |
established under Chapter 5108. of the Revised Code. If it is | 38803 |
determined that the child could remain safely with, or be safely | 38804 |
returned to, the family, the agency, with the cooperation of the | 38805 |
child's family, shall
determine the amount of
| 38806 |
and services necessary to prevent the removal of the child from | 38807 |
the home or to permit the child's return to the home and may | 38808 |
provide the
| 38809 |
cooperation entered into under section 307.983 of the Revised | 38810 |
Code. | 38811 |
Sec. 5153.60. The department of job and family services | 38812 |
shall establish a statewide program that provides the training | 38813 |
section 5153.122 of the Revised Code requires public children | 38814 |
services agency caseworkers and supervisors to complete. The | 38815 |
program may also provide the preplacement and continuing training | 38816 |
described in sections 5103.039, 5103.0310, and 5103.0311 of the | 38817 |
Revised Code that foster caregivers are required by sections | 38818 |
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain. | 38819 |
The program shall be called the "Ohio child welfare training | 38820 |
program." | 38821 |
Sec. 5153.69. The training program steering committee shall | 38822 |
monitor and evaluate the Ohio child welfare training program to | 38823 |
ensure
| 38824 |
(A) That the Ohio child welfare training program is a | 38825 |
competency-based training system that satisfies the training | 38826 |
requirements for public children services agency caseworkers and | 38827 |
supervisors under section 5153.122 of the Revised Code; | 38828 |
(B) That, if the Ohio child welfare training program | 38829 |
provides preplacement or continuing training for foster | 38830 |
caregivers, it meets the same requirements that preplacement | 38831 |
training programs and continuing training programs must meet | 38832 |
pursuant to section 5103.038 of the Revised Code to obtain | 38833 |
approval by the department of job and family services, except that | 38834 |
the Ohio child welfare training program is not required to obtain | 38835 |
department approval. | 38836 |
Sec. 5153.78. (A) As used in this section: | 38837 |
(1) "Title IV-B" means Title IV-B of the "Social Security Act | 38838 |
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended. | 38839 |
(2) "Title IV-E" means Title IV-E of the "Social Security | 38840 |
Act," 94 Stat. 501, 42 U.S.C. 670(1980). | 38841 |
(3) "Title XX" has the same meaning as in section 5101.46 of | 38842 |
the Revised Code. | 38843 |
(B) For purposes of adequately funding the Ohio child | 38844 |
welfare training program, the department of job and family | 38845 |
services
| 38846 |
38847 |
(1) The federal financial participation funds withheld | 38848 |
pursuant to division (D) of section 5101.141 of the Revised Code | 38849 |
in an amount determined by the department; | 38850 |
(2) Funds available under Title XX, Title IV-B, and Title | 38851 |
IV-E to pay for training costs; | 38852 |
(3)
| 38853 |
Sec. 5703.17. (A) In making an investigation as to any | 38854 |
company, firm, corporation, person, association, partnership, or | 38855 |
public utility subject to the laws which the tax commissioner is | 38856 |
required to administer, the commissioner may appoint by an order | 38857 |
in writing an agent, a tax auditor agent, or a tax auditor agent | 38858 |
manager, whose duties shall be prescribed in such order. | 38859 |
In the discharge of
| 38860 |
shall have every power of an inquisitorial nature granted by law | 38861 |
to the commissioner, and the same powers as a notary public as to | 38862 |
the taking of depositions, and all powers given by law to a notary | 38863 |
public relative to depositions are hereby given to such agent. | 38864 |
(B) No person shall be appointed as a tax auditor agent or a | 38865 |
tax auditor agent manager, unless that person meets one of the | 38866 |
following requirements: | 38867 |
(1) The person holds from an accredited college or | 38868 |
university a baccalaureate or higher degree in accounting, | 38869 |
business, business administration, public administration, or | 38870 |
management, a doctoral degree in law, a bachelor of laws degree, | 38871 |
or a master of laws degree in taxation. | 38872 |
(2) The person possesses a current certified public | 38873 |
accountant, certified managerial accountant, or certified internal | 38874 |
auditor certificate; a professional tax designation issued by the | 38875 |
institute for professionals in taxation or the international | 38876 |
association of assessing officers; or a designation as an enrolled | 38877 |
agent of the Internal Revenue Service. | 38878 |
(3) The person has accounting, auditing, or taxation | 38879 |
experience that is acceptable to the department of taxation. | 38880 |
(4) The person has experience as a tax commissioner agent, | 38881 |
tax auditor agent, or supervisor of tax agents that is acceptable | 38882 |
to the department of taxation. | 38883 |
Sec. 5703.49. (A) As used in this section, "internet" means | 38884 |
the international computer network of both federal and nonfederal | 38885 |
interoperable packet switched data networks, including the | 38886 |
graphical subnetwork known as the world wide web. | 38887 |
(B) On or before December 31, 2001, the tax commissioner | 38888 |
shall establish an electronic site accessible through the | 38889 |
internet. The tax commissioner shall provide access on the site | 38890 |
for each municipal corporation that has not established its own | 38891 |
electronic site to post documents or information required under | 38892 |
section 718.07 of the Revised Code. The tax commissioner shall | 38893 |
provide electronic links for each municipal corporation that | 38894 |
establishes a site under that section and for which a uniform | 38895 |
resource locator has been provided to the tax commissioner. The | 38896 |
tax commissioner is not responsible for the accuracy of the posted | 38897 |
information, and is not liable for any inaccurate or outdated | 38898 |
information provided by a municipal corporation. The tax | 38899 |
commissioner may adopt rules governing the format and means of | 38900 |
submitting such documents or information and other matters | 38901 |
necessary to implement this section. The tax commissioner may | 38902 |
charge municipal corporations a fee to defray the cost of | 38903 |
establishing and maintaining the electronic site established under | 38904 |
this section. | 38905 |
(C) The tax commissioner shall deposit any fees received | 38906 |
under this section to the credit of the municipal internet site | 38907 |
fund, which is hereby created in the state treasury. The | 38908 |
commissioner shall use the fund for costs of establishing and | 38909 |
maintaining the electronic site established under this section. | 38910 |
Sec. 5705.091. The board of county commissioners of each | 38911 |
county shall establish a county mental retardation and | 38912 |
developmental disabilities general fund. Notwithstanding sections | 38913 |
5705.09 and 5705.10 of the Revised Code, proceeds from levies | 38914 |
under section 5705.222 and division (L) of section 5705.19 of the | 38915 |
Revised Code shall be deposited to the credit of the county mental | 38916 |
retardation and developmental disabilities general fund. Accounts | 38917 |
shall be established within the county mental retardation and | 38918 |
developmental disabilities general fund for each of the several | 38919 |
particular purposes of the levies as specified in the resolutions | 38920 |
under which the levies were approved, and proceeds from different | 38921 |
levies that were approved for the same particular purpose shall be | 38922 |
credited to accounts for that purpose. Other money received by | 38923 |
the county for the purposes of Chapters 3323. and 5126. of the | 38924 |
Revised Code and not required by state or federal law to be | 38925 |
deposited to the credit of a different fund shall also be | 38926 |
deposited to the credit of the county mental retardation and | 38927 |
developmental disabilities general fund, in an account appropriate | 38928 |
to the particular purpose for which the money was received. Unless | 38929 |
otherwise provided by law, an unexpended balance at the end of a | 38930 |
fiscal year in any account in the county mental retardation and | 38931 |
developmental disabilities general fund shall be appropriated the | 38932 |
next fiscal year to the same fund. | 38933 |
A county board of mental retardation and developmental | 38934 |
disabilities may request, by resolution, that the board of county | 38935 |
commissioners establish a county mental retardation and | 38936 |
developmental disabilities capital fund for money to be used for | 38937 |
acquisition, construction, or improvement of capital facilities or | 38938 |
acquisition of capital equipment used in providing services to | 38939 |
mentally retarded and developmentally disabled persons. The | 38940 |
county board of mental retardation and developmental disabilities | 38941 |
shall transmit a certified copy of the resolution to the board of | 38942 |
county commissioners. Upon receiving the resolution, the board of | 38943 |
county commissioners shall establish a county mental retardation | 38944 |
and developmental disabilities capital fund. | 38945 |
A county board shall request, by resolution, that the board | 38946 |
of county commissioners establish a county MR/DD medicaid reserve | 38947 |
fund if such fund must be established for the county board to be | 38948 |
in compliance with the component required by division (A)(3) of | 38949 |
section 5126.054 of the Revised Code of a county board plan | 38950 |
approved by the department of mental retardation and developmental | 38951 |
disabilities under section 5123.046 of the Revised Code. On | 38952 |
receipt of the resolution, the board of county commissioners shall | 38953 |
establish a county MR/DD medicaid reserve fund. The portion of | 38954 |
federal revenue funds that the county board earns for providing | 38955 |
medicaid case management services and home or community-based | 38956 |
services that is needed for the county board to pay for | 38957 |
extraordinary costs, including extraordinary costs for services to | 38958 |
individuals with mental retardation or other developmental | 38959 |
disability, and ensure the availability of adequate funds in the | 38960 |
event a county property tax levy for services for individuals with | 38961 |
mental retardation or other developmental disability fails shall | 38962 |
be deposited into the fund. The county board shall use money in | 38963 |
the fund for those purposes. | 38964 |
Sec. 5705.19. This section does not apply to school | 38965 |
districts or county school financing districts. | 38966 |
The taxing authority of any subdivision at any time and in | 38967 |
any year, by vote of two-thirds of all the members of the taxing | 38968 |
authority, may declare by resolution and certify the resolution to | 38969 |
the board of elections not less than seventy-five days before the | 38970 |
election upon which it will be voted that the amount of taxes that | 38971 |
may be raised within the ten-mill limitation will be insufficient | 38972 |
to provide for the necessary requirements of the subdivision and | 38973 |
that it is necessary to levy a tax in excess of that limitation | 38974 |
for any of the following purposes: | 38975 |
(A) For current expenses of the subdivision, except that the | 38976 |
total levy for current expenses of a detention home district or | 38977 |
district organized under section 2151.65 of the Revised Code shall | 38978 |
not exceed two mills and that the total levy for current expenses | 38979 |
of a combined district organized under sections 2151.34 and | 38980 |
2151.65 of the Revised Code shall not exceed four mills; | 38981 |
(B) For the payment of debt charges on certain described | 38982 |
bonds, notes, or certificates of indebtedness of the subdivision | 38983 |
issued subsequent to January 1, 1925; | 38984 |
(C) For the debt charges on all bonds, notes, and | 38985 |
certificates of indebtedness issued and authorized to be issued | 38986 |
prior to January 1, 1925; | 38987 |
(D) For a public library of, or supported by, the | 38988 |
subdivision under whatever law organized or authorized to be | 38989 |
supported; | 38990 |
(E) For a municipal university, not to exceed two mills over | 38991 |
the limitation of one mill prescribed in section 3349.13 of the | 38992 |
Revised Code; | 38993 |
(F) For the construction or acquisition of any specific | 38994 |
permanent improvement or class of improvements that the taxing | 38995 |
authority of the subdivision may include in a single bond issue; | 38996 |
(G) For the general construction, reconstruction, | 38997 |
resurfacing, and repair of streets, roads, and bridges in | 38998 |
municipal corporations, counties, or townships; | 38999 |
(H) For recreational purposes; | 39000 |
(I) For the purpose of providing and maintaining fire | 39001 |
apparatus, appliances, buildings, or sites therefor, or sources of | 39002 |
water supply and materials therefor, or the establishment and | 39003 |
maintenance of lines of fire alarm telegraph, or the payment of | 39004 |
permanent, part-time, or volunteer firefighters or firefighting | 39005 |
companies to operate the same, including the payment of the | 39006 |
firefighter employers' contribution required under section 742.34 | 39007 |
of the Revised Code, or the purchase of ambulance equipment, or | 39008 |
the provision of ambulance, paramedic, or other emergency medical | 39009 |
services operated by a fire department or firefighting company; | 39010 |
(J) For the purpose of providing and maintaining motor | 39011 |
vehicles, communications, and other equipment used directly in the | 39012 |
operation of a police department, or the payment of salaries of | 39013 |
permanent police personnel, including the payment of the police | 39014 |
officer employers' contribution required under section 742.33 of | 39015 |
the Revised Code, or the payment of the costs incurred by | 39016 |
townships as a result of contracts made with other political | 39017 |
subdivisions in order to obtain police protection, or the | 39018 |
provision of ambulance or emergency medical services operated by a | 39019 |
police department; | 39020 |
(K) For the maintenance and operation of a county home; | 39021 |
(L) For community mental retardation and developmental | 39022 |
disabilities programs and services pursuant to Chapter 5126. of | 39023 |
the Revised Code, except that the procedure for such levies shall | 39024 |
be as provided in section 5705.222 of the Revised Code; | 39025 |
(M) For regional planning; | 39026 |
(N) For a county's share of the cost of maintaining and | 39027 |
operating schools, district detention homes, forestry camps, or | 39028 |
other facilities, or any combination thereof, established under | 39029 |
section 2151.34 or 2151.65 of the Revised Code or both of those | 39030 |
sections; | 39031 |
(O) For providing for flood defense, providing and | 39032 |
maintaining a flood wall or pumps, and other purposes to prevent | 39033 |
floods; | 39034 |
(P) For maintaining and operating sewage disposal plants and | 39035 |
facilities; | 39036 |
(Q) For the purpose of purchasing, acquiring, constructing, | 39037 |
enlarging, improving, equipping, repairing, maintaining, or | 39038 |
operating, or any combination of the foregoing, a county transit | 39039 |
system pursuant to sections 306.01 to 306.13 of the Revised Code, | 39040 |
or of making any payment to a board of county commissioners | 39041 |
operating a transit system or a county transit board pursuant to | 39042 |
section 306.06 of the Revised Code; | 39043 |
(R) For the subdivision's share of the cost of acquiring or | 39044 |
constructing any schools, forestry camps, detention homes, or | 39045 |
other facilities, or any combination thereof, under section | 39046 |
2151.34 or 2151.65 of the Revised Code or both of those sections; | 39047 |
(S) For the prevention, control, and abatement of air | 39048 |
pollution; | 39049 |
(T) For maintaining and operating cemeteries; | 39050 |
(U) For providing ambulance service, emergency medical | 39051 |
service, or both; | 39052 |
(V) For providing for the collection and disposal of garbage | 39053 |
or refuse, including yard waste; | 39054 |
(W) For the payment of the police officer employers' | 39055 |
contribution or the firefighter employers' contribution required | 39056 |
under sections 742.33 and 742.34 of the Revised Code; | 39057 |
(X) For the construction and maintenance of a drainage | 39058 |
improvement pursuant to section 6131.52 of the Revised Code; | 39059 |
(Y) For providing or maintaining senior citizens services or | 39060 |
facilities as authorized by section 307.694, 307.85, 505.70, or | 39061 |
505.706 or division (EE) of section 717.01 of the Revised Code; | 39062 |
(Z) For the provision and maintenance of zoological park | 39063 |
services and facilities as authorized under section 307.76 of the | 39064 |
Revised Code; | 39065 |
(AA) For the maintenance and operation of a free public | 39066 |
museum of art, science, or history; | 39067 |
(BB) For the establishment and operation of a 9-1-1 system, | 39068 |
as defined in section 4931.40 of the Revised Code; | 39069 |
(CC) For the purpose of acquiring, rehabilitating, or | 39070 |
developing rail property or rail service. As used in this | 39071 |
division, "rail property" and "rail service" have the same | 39072 |
meanings as in section 4981.01 of the Revised Code. This division | 39073 |
applies only to a county, township, or municipal corporation. | 39074 |
(DD) For the purpose of acquiring property for, | 39075 |
constructing, operating, and maintaining community centers as | 39076 |
provided for in section 755.16 of the Revised Code; | 39077 |
(EE) For the creation and operation of an office or joint | 39078 |
office of economic development, for any economic development | 39079 |
purpose of the office, and to otherwise provide for the | 39080 |
establishment and operation of a program of economic development | 39081 |
pursuant to sections 307.07 and 307.64 of the Revised Code; | 39082 |
(FF) For the purpose of acquiring, establishing, | 39083 |
constructing, improving, equipping, maintaining, or operating, or | 39084 |
any combination of the foregoing, a township airport, landing | 39085 |
field, or other air navigation facility pursuant to section 505.15 | 39086 |
of the Revised Code; | 39087 |
(GG) For the payment of costs incurred by a township as a | 39088 |
result of a contract made with a county pursuant to section | 39089 |
505.263 of the Revised Code in order to pay all or any part of the | 39090 |
cost of constructing, maintaining, repairing, or operating a water | 39091 |
supply improvement; | 39092 |
(HH) For a board of township trustees to acquire, other than | 39093 |
by appropriation, an ownership interest in land, water, or | 39094 |
wetlands, or to restore or maintain land, water, or wetlands in | 39095 |
which the board has an ownership interest, not for purposes of | 39096 |
recreation, but for the purposes of protecting and preserving the | 39097 |
natural, scenic, open, or wooded condition of the land, water, or | 39098 |
wetlands against modification or encroachment resulting from | 39099 |
occupation, development, or other use, which may be styled as | 39100 |
protecting or preserving "greenspace" in the resolution, notice of | 39101 |
election, or ballot form; | 39102 |
(II) For the support by a county of a crime victim | 39103 |
assistance program that is provided and maintained by a county | 39104 |
agency or a private, nonprofit corporation or association under | 39105 |
section 307.62 of the Revised Code; | 39106 |
(JJ) For any or all of the purposes set forth in divisions | 39107 |
(I) and (J) of this section. This division applies only to a | 39108 |
township. | 39109 |
(KK) For a countywide public safety communications system | 39110 |
under section 307.63 of the Revised Code. This division applies | 39111 |
only to counties. | 39112 |
(LL) For the support by a county of criminal justice | 39113 |
services under section 307.45 of the Revised Code; | 39114 |
(MM) For the purpose of maintaining and operating a jail or | 39115 |
other detention facility as defined in section 2921.01 of the | 39116 |
Revised Code; | 39117 |
(NN) For purchasing, maintaining, or improving, or any | 39118 |
combination of the foregoing, real estate on which to hold | 39119 |
agricultural fairs. This division applies only to a county. | 39120 |
(OO) For constructing, rehabilitating, repairing, or | 39121 |
maintaining sidewalks, walkways, trails, bicycle pathways, or | 39122 |
similar improvements, or acquiring ownership interests in land | 39123 |
necessary for the foregoing improvements, by a board of township | 39124 |
trustees; | 39125 |
(PP) For both of the purposes set forth in divisions (G) and | 39126 |
(OO) of this section. This division applies only to a township. | 39127 |
(QQ) For both of the purposes set forth in divisions (H) and | 39128 |
(HH) of this section. This division applies only to a township. | 39129 |
(RR) For the legislative authority of a municipal | 39130 |
corporation, board of county commissioners of a county, or board | 39131 |
of township trustees of a township to acquire agricultural | 39132 |
easements, as defined in section 5301.67 of the Revised Code, and | 39133 |
to supervise and enforce the easements. | 39134 |
(SS) For both of the purposes set forth in divisions (BB) | 39135 |
and (KK) of this section. This division applies only to a county. | 39136 |
The resolution shall be confined to the purpose or purposes | 39137 |
described in one division of this section, to which the revenue | 39138 |
derived therefrom shall be applied. The existence in any other | 39139 |
division of this section of authority to levy a tax for any part | 39140 |
or all of the same purpose or purposes does not preclude the use | 39141 |
of such revenues for any part of the purpose or purposes of the | 39142 |
division under which the resolution is adopted. | 39143 |
The resolution shall specify the amount of the increase in | 39144 |
rate that it is necessary to levy, the purpose of that increase in | 39145 |
rate, and the number of years during which the increase in rate | 39146 |
shall be in effect, which may or may not include a levy upon the | 39147 |
duplicate of the current year. The number of years may be any | 39148 |
number not exceeding five, except as follows: | 39149 |
(1) When the additional rate is for the payment of debt | 39150 |
charges, the increased rate shall be for the life of the | 39151 |
indebtedness. | 39152 |
(2) When the additional rate is for any of the following, | 39153 |
the increased rate shall be for a continuing period of time: | 39154 |
(a) For the current expenses for a detention home district, | 39155 |
a district organized under section 2151.65 of the Revised Code, or | 39156 |
a combined district organized under sections 2151.34 and 2151.65 | 39157 |
of the Revised Code; | 39158 |
(b) For providing a county's share of the cost of | 39159 |
maintaining and operating schools, district detention homes, | 39160 |
forestry camps, or other facilities, or any combination thereof, | 39161 |
established under section 2151.34 or 2151.65 of the Revised Code | 39162 |
or under both of those sections. | 39163 |
(3) When the additional rate is for any of the following, | 39164 |
the increased rate may be for a continuing period of time: | 39165 |
(a) For the purposes set forth in division (I), (J), (U), or | 39166 |
(KK) of this section; | 39167 |
(b) For the maintenance and operation of a joint recreation | 39168 |
district; | 39169 |
(c) A levy imposed by a township for the purposes set forth | 39170 |
in division (G) of this section. | 39171 |
(4) When the increase is for the purpose set forth in | 39172 |
division (D) or (CC) of this section or for both of the purposes | 39173 |
set forth in divisions (G) and (OO) of this section, the tax levy | 39174 |
may be for any specified number of years or for a continuing | 39175 |
period of time, as set forth in the resolution. | 39176 |
(5) When the additional rate is for the purpose described in | 39177 |
division (Z) of this section, the increased rate shall be for any | 39178 |
number of years not exceeding ten. | 39179 |
A levy for the purposes set forth in division (I), (J), or | 39180 |
(U) of this section, and a levy imposed by a township for the | 39181 |
purposes set forth in division (G) of this section, may be reduced | 39182 |
pursuant to section 5705.261 or 5705.31 of the Revised Code. A | 39183 |
levy for the purposes set forth in division (I), (J), or (U) of | 39184 |
this section, and a levy imposed by a township for the purposes | 39185 |
set forth in division (G) of this section, may also be terminated | 39186 |
or permanently reduced by the taxing authority if it adopts a | 39187 |
resolution stating that the continuance of the levy is unnecessary | 39188 |
and the levy shall be terminated or that the millage is excessive | 39189 |
and the levy shall be decreased by a designated amount. | 39190 |
A resolution of a detention home district, a district | 39191 |
organized under section 2151.65 of the Revised Code, or a combined | 39192 |
district organized under both sections 2151.34 and 2151.65 of the | 39193 |
Revised Code may include both current expenses and other purposes, | 39194 |
provided that the resolution shall apportion the annual rate of | 39195 |
levy between the current expenses and the other purpose or | 39196 |
purposes. The apportionment need not be the same for each year of | 39197 |
the levy, but the respective portions of the rate actually levied | 39198 |
each year for the current expenses and the other purpose or | 39199 |
purposes shall be limited by the apportionment. | 39200 |
Whenever a board of county commissioners, acting either as | 39201 |
the taxing authority of its county or as the taxing authority of a | 39202 |
sewer district or subdistrict created under Chapter 6117. of the | 39203 |
Revised Code, by resolution declares it necessary to levy a tax in | 39204 |
excess of the ten-mill limitation for the purpose of constructing, | 39205 |
improving, or extending sewage disposal plants or sewage systems, | 39206 |
the tax may be in effect for any number of years not exceeding | 39207 |
twenty, and the proceeds of the tax, notwithstanding the general | 39208 |
provisions of this section, may be used to pay debt charges on any | 39209 |
obligations issued and outstanding on behalf of the subdivision | 39210 |
for the purposes enumerated in this paragraph, provided that any | 39211 |
such obligations have been specifically described in the | 39212 |
resolution. | 39213 |
The resolution shall go into immediate effect upon its | 39214 |
passage, and no publication of the resolution is necessary other | 39215 |
than that provided for in the notice of election. | 39216 |
When the electors of a subdivision have approved a tax levy | 39217 |
under this section, the taxing authority of the subdivision may | 39218 |
anticipate a fraction of the proceeds of the levy and issue | 39219 |
anticipation notes in accordance with section 5705.191 or 5705.193 | 39220 |
of the Revised Code. | 39221 |
Sec. 5705.41. No subdivision or taxing unit shall: | 39222 |
(A) Make any appropriation of money except as provided in | 39223 |
Chapter 5705. of the Revised Code; provided, that the | 39224 |
authorization of a bond issue shall be deemed to be an | 39225 |
appropriation of the proceeds of the bond issue for the purpose | 39226 |
for which such bonds were issued, but no expenditure shall be made | 39227 |
from any bond fund until first authorized by the taxing authority; | 39228 |
(B) Make any expenditure of money unless it has been | 39229 |
appropriated as provided in such chapter; | 39230 |
(C) Make any expenditure of money except by a proper warrant | 39231 |
drawn against an appropriate fund; | 39232 |
(D)(1) Except as otherwise provided in division (D)(2) of | 39233 |
this section and section 5705.44 of the Revised Code, make any | 39234 |
contract or give any order involving the expenditure of money | 39235 |
unless there is attached thereto a certificate of the fiscal | 39236 |
officer of the subdivision that the amount required to meet the | 39237 |
obligation or, in the case of a continuing contract to be | 39238 |
performed in whole or in part in an ensuing fiscal year, the | 39239 |
amount required to meet the obligation in the fiscal year in which | 39240 |
the contract is made, has been lawfully appropriated for such | 39241 |
purpose and is in the treasury or in process of collection to the | 39242 |
credit of an appropriate fund free from any previous encumbrances. | 39243 |
This certificate need be signed only by the subdivision's fiscal | 39244 |
officer. Every such contract made without such a certificate | 39245 |
shall be void, and no warrant shall be issued in payment of any | 39246 |
amount due thereon. If no certificate is furnished as required, | 39247 |
upon receipt by the taxing authority of the subdivision or taxing | 39248 |
unit of a certificate of the fiscal officer stating that there was | 39249 |
at the time of the making of such contract or order and at the | 39250 |
time of the execution of such certificate a sufficient sum | 39251 |
appropriated for the purpose of such contract and in the treasury | 39252 |
or in process of collection to the credit of an appropriate fund | 39253 |
free from any previous encumbrances, such taxing authority may | 39254 |
authorize the drawing of a warrant in payment of amounts due upon | 39255 |
such contract, but such resolution or ordinance shall be passed | 39256 |
within thirty days from the receipt of such certificate; provided | 39257 |
that, if the amount involved is less than one hundred dollars in | 39258 |
the case of counties or one thousand dollars in the case of all | 39259 |
other subdivisions or taxing units, the fiscal officer may | 39260 |
authorize it to be paid without such affirmation of the taxing | 39261 |
authority of the subdivision or taxing unit, if such expenditure | 39262 |
is otherwise valid. | 39263 |
(2) Annually, the board of county commissioners may adopt a | 39264 |
resolution exempting for the current fiscal year county purchases | 39265 |
of seven hundred fifty dollars or less from the requirement of | 39266 |
division (D)(1) of this section that a certificate be attached to | 39267 |
any contract or order involving the expenditure of money. The | 39268 |
resolution shall state the dollar amount that is exempted from the | 39269 |
certificate requirement and whether the exemption applies to all | 39270 |
purchases, to one or more specific classes of purchases, or to the | 39271 |
purchase of one or more specific items. Prior to the adoption of | 39272 |
the resolution, the board shall give written notice to the county | 39273 |
auditor that it intends to adopt the resolution. The notice shall | 39274 |
state the dollar amount that is proposed to be exempted and | 39275 |
whether the exemption would apply to all purchases, to one or more | 39276 |
specific classes of purchases, or to the purchase of one or more | 39277 |
specific items. The county auditor may review and comment on the | 39278 |
proposal, and shall send any comments to the board within fifteen | 39279 |
days after receiving the notice. The board shall wait at least | 39280 |
fifteen days after giving the notice to the auditor before | 39281 |
adopting the resolution. A person authorized to make a county | 39282 |
purchase in a county that has adopted such a resolution shall | 39283 |
prepare and file with the county auditor, within three business | 39284 |
days after incurring an obligation not requiring a certificate, a | 39285 |
written document specifying the purpose and amount of the | 39286 |
expenditure, the date of the purchase, the name of the vendor, and | 39287 |
such additional information as the auditor of state may prescribe. | 39288 |
(3) Upon certification by the auditor or other chief fiscal | 39289 |
officer that a certain sum of money, not in excess of five | 39290 |
thousand dollars, has been lawfully appropriated, authorized, or | 39291 |
directed for a certain purpose and is in the treasury or in the | 39292 |
process of collection to the credit of a specific line-item | 39293 |
appropriation account in a certain fund free from previous and | 39294 |
then outstanding obligations or certifications, then for such | 39295 |
purpose and from such line-item appropriation account in such | 39296 |
fund, over a period not exceeding three months and not extending | 39297 |
beyond the end of the fiscal year, expenditures may be made, | 39298 |
orders for payment issued, and contracts or obligations calling | 39299 |
for or requiring the payment of money made and assumed; provided, | 39300 |
that the aggregate sum of money included in and called for by such | 39301 |
expenditures, orders, contracts, and obligations shall not exceed | 39302 |
the sum so certified. Such a certification need be signed only by | 39303 |
the fiscal officer of the subdivision or the taxing district and | 39304 |
may, but need not, be limited to a specific vendor. An itemized | 39305 |
statement of obligations incurred and expenditures made under such | 39306 |
certificate shall be rendered to the auditor or other chief fiscal | 39307 |
officer before another such certificate may be issued, and not | 39308 |
more than one such certificate shall be outstanding at a time. | 39309 |
In addition to providing the certification for expenditures | 39310 |
of five thousand dollars or less as provided in this division, a | 39311 |
subdivision also may make expenditures, issue orders for payment, | 39312 |
and make contracts or obligations calling for or requiring the | 39313 |
payment of money made and assumed for specified permitted purposes | 39314 |
from a specific line-item appropriation account in a specified | 39315 |
fund for a sum of money exceeding five thousand dollars upon the | 39316 |
certification by the fiscal officer of the subdivision that this | 39317 |
sum of money has been lawfully appropriated, authorized, or | 39318 |
directed for a permitted purpose and is in the treasury or in the | 39319 |
process of collection to the credit of the specific line-item | 39320 |
appropriation account in the specified fund free from previous and | 39321 |
then-outstanding obligations or certifications; provided that the | 39322 |
aggregate sum of money included in and called for by the | 39323 |
expenditures, orders, and obligations shall not exceed the | 39324 |
certified sum. The purposes for which a subdivision may lawfully | 39325 |
appropriate, authorize, or issue such a certificate are the | 39326 |
services of an accountant, architect, attorney at law, physician, | 39327 |
professional engineer, construction project manager, consultant, | 39328 |
surveyor, or appraiser by or on behalf of the subdivision or | 39329 |
contracting authority; fuel oil, gasoline, food items, roadway | 39330 |
materials, and utilities; and any purchases exempt from | 39331 |
competitive bidding under section 125.04 of the Revised Code and | 39332 |
any other specific expenditure that is a recurring and reasonably | 39333 |
predictable operating expense. Such a certification shall not | 39334 |
extend beyond the end of the fiscal year or, in the case of a | 39335 |
board of county commissioners that has established a quarterly | 39336 |
spending plan under section 5705.392 of the Revised Code, beyond | 39337 |
the quarter to which the plan applies. Such a certificate shall | 39338 |
be signed by the fiscal officer and may, but need not, be limited | 39339 |
to a specific vendor. An itemized statement of obligations | 39340 |
incurred and expenditures made under such a certificate shall be | 39341 |
rendered to the fiscal officer for each certificate issued. More | 39342 |
than one such certificate may be outstanding at any time. | 39343 |
In any case in which a contract is entered into upon a per | 39344 |
unit basis, the head of the department, board, or commission for | 39345 |
the benefit of which the contract is made shall make an estimate | 39346 |
of the total amount to become due upon such contract, which | 39347 |
estimate shall be certified in writing to the fiscal officer of | 39348 |
the subdivision. Such a contract may be entered into if the | 39349 |
appropriation covers such estimate, or so much thereof as may be | 39350 |
due during the current year. In such a case the certificate of | 39351 |
the fiscal officer based upon the estimate shall be a sufficient | 39352 |
compliance with the law requiring a certificate. | 39353 |
Any certificate of the fiscal officer attached to a contract | 39354 |
shall be binding upon the political subdivision as to the facts | 39355 |
set forth therein. Upon request of any person receiving an order | 39356 |
or entering into a contract with any political subdivision, the | 39357 |
certificate of the fiscal officer shall be attached to such order | 39358 |
or contract. "Contract" as used in this section excludes current | 39359 |
payrolls of regular employees and officers. | 39360 |
Taxes and other revenue in process of collection, or the | 39361 |
proceeds to be derived from authorized bonds, notes, or | 39362 |
certificates of indebtedness sold and in process of delivery, | 39363 |
shall for the purpose of this section be deemed in the treasury or | 39364 |
in process of collection and in the appropriate fund. This | 39365 |
section applies neither to the investment of sinking funds by the | 39366 |
trustees of such funds, nor to investments made under sections | 39367 |
731.56 to 731.59 of the Revised Code. | 39368 |
No district authority shall, in transacting its own affairs, | 39369 |
do any of the things prohibited to a subdivision by this section, | 39370 |
but the appropriation referred to shall become the appropriation | 39371 |
by the district authority, and the fiscal officer referred to | 39372 |
shall mean the fiscal officer of the district authority. | 39373 |
Sec. 5705.44. When contracts or leases run beyond the | 39374 |
termination of the fiscal year in which they are made, the fiscal | 39375 |
officer of the taxing authority shall make a certification for the | 39376 |
amount required to meet the obligation of such contract or lease | 39377 |
maturing in such fiscal year. The amount of the obligation under | 39378 |
such contract or lease remaining unfulfilled at the end of a | 39379 |
fiscal year, and which will become payable during the next fiscal | 39380 |
year, shall be included in the annual appropriation measure for | 39381 |
the next year as a fixed charge. | 39382 |
The certificate required by section 5705.41 of the Revised | 39383 |
Code as to money in the treasury shall not be required for | 39384 |
contracts on which payments are to be made from the earnings of a | 39385 |
publicly operated water works or public utility, but in the case | 39386 |
of any such contract made without such certification, no payment | 39387 |
shall be made on account thereof, and no claim or demand thereon | 39388 |
shall be recoverable, except out of such earnings. That | 39389 |
certificate also shall not be required if requiring the | 39390 |
certificate makes it impossible for a county board of mental | 39391 |
retardation and developmental disabilities to pay the nonfederal | 39392 |
share of medicaid expenditures that the county board is required | 39393 |
by division (A) of section 5126.056 of the Revised Code to pay. | 39394 |
Sec. 5709.17. (A) Real estate held or occupied by an | 39395 |
association or corporation, organized or incorporated under the | 39396 |
laws of this state relative to soldiers' memorial associations, | 39397 |
monumental building associations, or cemetery associations or | 39398 |
corporations, which in the opinion of the trustees, directors, or | 39399 |
managers thereof is necessary and proper to carry out the object | 39400 |
intended for such association or corporation, shall be exempt from | 39401 |
taxation. | 39402 |
(B) Real estate and tangible personal property held or | 39403 |
occupied by a war veterans' organization, which is organized | 39404 |
exclusively for charitable purposes and incorporated under the | 39405 |
laws of this state or the United States, except real estate held | 39406 |
by such organization for the production of rental income, shall be | 39407 |
exempt from taxation. | 39408 |
(C) Tangible personal property held by a corporation | 39409 |
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in | 39410 |
section 501(c)(3) of the Internal Revenue Code, and exempt from | 39411 |
taxation under section 501(a) of the Internal Revenue Code shall | 39412 |
be exempt from taxation if it is surplus property obtained as | 39413 |
described in 112 Stat. 1340, 36 U.S.C.A. 40730. | 39414 |
Sec. 5721.30. As used in sections 5721.30 to 5721.42 of the | 39415 |
Revised Code: | 39416 |
(A) "Tax certificate," "certificate," or "duplicate | 39417 |
certificate" means a document which may be issued as a physical | 39418 |
certificate, in book-entry form, or through an electronic medium, | 39419 |
at the discretion of the county treasurer. Such document shall | 39420 |
contain the information required by section 5721.31 of the Revised | 39421 |
Code and shall be prepared, transferred, or redeemed in the manner | 39422 |
prescribed by sections 5721.30 to 5721.41 of the Revised Code. As | 39423 |
used in those sections, "tax certificate," "certificate," and | 39424 |
"duplicate certificate" do not refer to the delinquent land tax | 39425 |
certificate or the delinquent vacant land tax certificate issued | 39426 |
under section 5721.13 of the Revised Code. | 39427 |
(B) "Certificate parcel" means the parcel of delinquent land | 39428 |
that is the subject of and is described in a tax certificate. | 39429 |
(C) "Certificate holder" means a person who purchases a tax | 39430 |
certificate under section 5721.32 or 5721.33 of the Revised Code, | 39431 |
or a person to whom a tax certificate has been transferred | 39432 |
pursuant to section 5721.36 of the Revised Code. | 39433 |
(D) "Certificate purchase price" means, with respect to the | 39434 |
sale of tax certificates under sections 5721.32 and 5721.33 of the | 39435 |
Revised Code, the amount equal to delinquent taxes, assessments, | 39436 |
penalties, and interest computed under section 323.121 of the | 39437 |
Revised Code charged against a certificate parcel at the time the | 39438 |
tax certificate respecting that parcel is sold, not including any | 39439 |
delinquent taxes, assessments, penalties, interest, and charges, | 39440 |
the lien for which has been conveyed to a certificate holder | 39441 |
through a prior sale of a tax certificate respecting that parcel; | 39442 |
provided, however, that payment of the certificate purchase price | 39443 |
in a sale under section 5721.33 of the Revised Code may be made | 39444 |
wholly in cash or partially in cash and partially by noncash | 39445 |
consideration acceptable to the county treasurer from the | 39446 |
purchaser. In the event that any such noncash consideration is | 39447 |
delivered to pay a portion of the certificate purchase price, such | 39448 |
noncash consideration may be subordinate to the rights of the | 39449 |
holders of other obligations whose proceeds paid the cash portion | 39450 |
of the certificate purchase price. | 39451 |
"Certificate purchase price" also includes the amount of the | 39452 |
fee charged by the county treasurer to the purchaser of the | 39453 |
certificate under division (H) of section 5721.32 of the Revised | 39454 |
Code. | 39455 |
(E) With respect to a sale of tax certificates under section | 39456 |
5721.32 of the Revised Code and except as provided in division | 39457 |
(E)(3) of this section, "certificate redemption price" means the | 39458 |
amount determined under division (E)(1) or (2) of this section. | 39459 |
(1) During the first year after the date on which a tax | 39460 |
certificate is sold, the sum of the following: | 39461 |
(a) The certificate purchase price; | 39462 |
(b) The greater of the following: | 39463 |
(i) Interest, at the certificate rate of interest, accruing | 39464 |
during the certificate interest period on the certificate purchase | 39465 |
price; | 39466 |
(ii) Six per cent of the certificate purchase price. | 39467 |
(c) The fee charged by the county treasurer to the purchaser | 39468 |
of the certificate under division (H) of section 5721.32 of the | 39469 |
Revised Code. | 39470 |
(2) After the first year after the date on which a tax | 39471 |
certificate is sold, the sum of the following: | 39472 |
(a)(i) If division (E)(1)(b)(i) applied during the first | 39473 |
year, the certificate purchase price; | 39474 |
(ii) If division (E)(1)(b)(ii) applied during the first | 39475 |
year, the sum of the certificate purchase price plus six per cent | 39476 |
of the certificate purchase price. | 39477 |
(b)(i) If division (E)(1)(b)(i) applied during the first | 39478 |
year, interest at the certificate rate of interest accruing during | 39479 |
the certificate interest period on the certificate purchase price; | 39480 |
(ii) If division (E)(1)(b)(ii) applied during the first | 39481 |
year, interest at the certificate rate of interest, accruing | 39482 |
during the part of the certificate interest period that begins one | 39483 |
year after the date of the sale of the certificate, on the sum of | 39484 |
the certificate purchase price plus six per cent of the | 39485 |
certificate purchase price. | 39486 |
(c) The fee charged by the county treasurer to the purchaser | 39487 |
of the certificate under division (H) of section 5721.32 of the | 39488 |
Revised Code. | 39489 |
(3) If the certificate rate of interest equals zero, the | 39490 |
certificate redemption price equals the certificate purchase price | 39491 |
plus the fee charged by the county treasurer to the purchaser of | 39492 |
the certificate under division (H) of section 5721.32 of the | 39493 |
Revised Code. | 39494 |
(F) With respect to a sale of tax certificates under section | 39495 |
5721.33 of the Revised Code, "certificate redemption price" means | 39496 |
the amount equal to the sum of the following: | 39497 |
(1) The certificate purchase price; | 39498 |
(2) Interest accrued on the certificate purchase price at | 39499 |
the certificate rate of interest from the date on which a tax | 39500 |
certificate is delivered through and including the day immediately | 39501 |
preceding the day on which the certificate redemption price is | 39502 |
paid; | 39503 |
(3) The fee, if any, charged by the county treasurer to the | 39504 |
purchaser of the certificate under division (J) of section 5721.33 | 39505 |
of the Revised Code; | 39506 |
(4) Any other fees charged by any county office in | 39507 |
connection with the recording of tax certificates. | 39508 |
(G) "Certificate rate of interest" means the rate of simple | 39509 |
interest per year bid by the winning bidder in an auction of a tax | 39510 |
certificate held under section 5721.32 of the Revised Code, or the | 39511 |
rate of simple interest per year not to exceed eighteen per cent | 39512 |
per year fixed by the county treasurer with respect to any tax | 39513 |
certificate sold pursuant to a negotiated sale under section | 39514 |
5721.33 of the Revised Code. | 39515 |
(H) "Cash" means United States currency, certified checks, | 39516 |
money orders, bank drafts, or electronic transfer of funds, and | 39517 |
excludes any other form of payment. | 39518 |
(I) "The date on which a tax certificate is sold," "the date | 39519 |
the certificate was sold," "the date the certificate is | 39520 |
purchased," and any other phrase of similar content mean, with | 39521 |
respect to a sale pursuant to an auction under section 5721.32 of | 39522 |
the Revised Code, the date designated by the county treasurer for | 39523 |
the submission of bids and, with respect to a negotiated sale | 39524 |
under section 5721.33 of the Revised Code, the date of delivery of | 39525 |
the tax certificates to the purchasers thereof pursuant to a tax | 39526 |
certificate sale/purchase agreement. | 39527 |
(J) "Purchaser of a tax certificate pursuant to section | 39528 |
5721.32 of the Revised Code" means the winning bidder in an | 39529 |
auction of a tax certificate held under section 5721.32 of the | 39530 |
Revised Code. | 39531 |
(K) "Certificate interest period" means, with respect to a | 39532 |
tax certificate sold under section 5721.32 of the Revised Code, | 39533 |
the period beginning on the date the certificate is purchased and, | 39534 |
with respect to a tax certificate sold under section 5721.33 of | 39535 |
the Revised Code, the period beginning on the date of delivery of | 39536 |
the tax certificate, and in either case ending on one of the | 39537 |
following dates: | 39538 |
(1) In the case of foreclosure proceedings instituted under | 39539 |
section 5721.37 of the Revised Code, the date the certificate | 39540 |
holder submits a payment to the treasurer under division (B) of | 39541 |
that section; | 39542 |
(2) In the case of a certificate parcel redeemed under | 39543 |
division (A) or (C) of section 5721.38 of the Revised Code, the | 39544 |
date the owner of record of the certificate parcel, or any other | 39545 |
person entitled to redeem that parcel, pays to the county | 39546 |
treasurer or to the certificate holder, as applicable, the full | 39547 |
amount determined under that section. | 39548 |
(L) "County treasurer" means, with respect to the sale of tax | 39549 |
certificates under section 5721.32, or 5721.33 of the Revised | 39550 |
Code, the county treasurer of a county having a population of at | 39551 |
least two hundred thousand according to the then most recent | 39552 |
federal
decennial
census
| 39553 |
39554 | |
39555 | |
39556 | |
39557 |
(M) "Qualified trustee" means a trust company within the | 39558 |
state or a bank having the power of a trust company within the | 39559 |
state with a combined capital stock, surplus, and undivided | 39560 |
profits of at least one hundred million dollars. | 39561 |
(N) "Tax certificate sale/purchase agreement" means the | 39562 |
purchase and sale agreement described in division (C) of section | 39563 |
5721.33 of the Revised Code setting forth the certificate purchase | 39564 |
price, plus any applicable premium or less any applicable | 39565 |
discount, including, without limitation, the amount thereof to be | 39566 |
paid in cash and the amount and nature of any noncash | 39567 |
consideration, the date of delivery of the tax certificates, and | 39568 |
the other terms and conditions of the sale, including, without | 39569 |
limitation, the rate of interest that the tax certificates shall | 39570 |
bear. | 39571 |
(O) "Noncash consideration" means any form of consideration | 39572 |
other than cash, including, but not limited to, promissory notes | 39573 |
whether subordinate or otherwise. | 39574 |
(P) "Private attorney" means for purposes of section 5721.37 | 39575 |
of the Revised Code, any attorney licensed to practice law in this | 39576 |
state, whether practicing with a firm of attorneys or otherwise, | 39577 |
whose license has not been revoked or otherwise suspended and who | 39578 |
brings foreclosure proceedings pursuant to section 5721.37 of the | 39579 |
Revised Code on behalf of a certificate holder. | 39580 |
(Q) "Related certificate parcel" means, with respect to a | 39581 |
certificate holder, the certificate parcel with respect to which | 39582 |
the certificate holder has purchased and holds a tax certificate | 39583 |
pursuant to sections 5721.30 to 5721.41 of the Revised Code and, | 39584 |
with respect to a tax certificate, the certificate parcel against | 39585 |
which the tax certificate has been sold pursuant to those | 39586 |
sections. | 39587 |
Sec. 5725.31. (A) As used in this section: | 39588 |
(1) "Eligible employee" and "eligible training costs" have | 39589 |
the same meanings as in section 5733.42 of the Revised Code. | 39590 |
(2) "Tax assessed under this chapter" means, in the case of a | 39591 |
dealer in intangibles, the tax assessed under sections 5725.13 to | 39592 |
5725.17 of the Revised Code and, in the case of a domestic | 39593 |
insurance company, the taxes assessed under sections 5725.18 to | 39594 |
5725.26 of the Revised Code. | 39595 |
(3) "Taxpayer" means a dealer in intangibles or a domestic | 39596 |
insurance company subject to a tax assessed under this chapter. | 39597 |
(4) "Credit period" means, in the case of a dealer in | 39598 |
intangibles, the calendar year ending on the thirty-first day of | 39599 |
December next preceding the day the report is required to be | 39600 |
returned under section 5725.14 of the Revised Code and, in the | 39601 |
case of a domestic insurance company, the calendar year ending on | 39602 |
the thirty-first day of December next preceding the day the annual | 39603 |
statement is required to be returned under section 5725.18 or | 39604 |
5725.181 of the Revised Code. | 39605 |
(B) There is hereby allowed a nonrefundable credit against | 39606 |
the tax imposed under this chapter for a taxpayer for which a tax | 39607 |
credit certificate is issued under section 5733.42 of the Revised | 39608 |
Code. The credit may be claimed for credit periods beginning on | 39609 |
or after January 1,
| 39610 |
31,
| 39611 |
the average of the eligible training costs paid or incurred by the | 39612 |
taxpayer during the three calendar years
| 39613 |
ending with end of the credit period for which the credit is | 39614 |
claimed, not to exceed one thousand dollars for each eligible | 39615 |
employee on account of whom eligible training costs were paid or | 39616 |
incurred by the taxpayer. The credit claimed by a taxpayer each | 39617 |
credit period shall not exceed one hundred thousand dollars. | 39618 |
If, on or before June 30, 2001, a taxpayer had properly filed | 39619 |
an application for the credit period ending on December 31, 2001, | 39620 |
or December 31, 2002, as provided in division (C) of section | 39621 |
5733.42 of the Revised Code, the director of job and family | 39622 |
services may authorize a credit for that credit period subject to | 39623 |
the limitations and requirements of this section and section | 39624 |
5733.42 of the Revised Code, but the tax credit certificate issued | 39625 |
for that period may be applied only to the taxpayer's tax | 39626 |
liability for business done in this state during calendar year | 39627 |
2003. The credit claimed by such a taxpayer shall be computed in | 39628 |
the manner prescribed by this section; is subject to the | 39629 |
limitations of this section on the amount of the credit for each | 39630 |
eligible employee and for each credit period; and shall be in | 39631 |
addition to any credit claimed by the taxpayer under this section | 39632 |
for the credit period beginning January 1, 2003, and, for the | 39633 |
purpose of the limitation on the amount of the credit that may be | 39634 |
claimed by a taxpayer for a credit period, the credit claimed for | 39635 |
the credit period ending on December 31, 2001, or December 31, | 39636 |
2002, shall not be considered as being claimed for the credit | 39637 |
period beginning on January 1, 2003. | 39638 |
A taxpayer shall apply to the director of job and family | 39639 |
services for a tax credit certificate in the manner prescribed by | 39640 |
division (C) of section 5733.42 of the Revised Code. Divisions | 39641 |
(C) to (H) of that section govern the tax credit allowed by this | 39642 |
section, except that "credit period" shall be substituted for "tax | 39643 |
year with respect to a calendar year" wherever that phrase appears | 39644 |
in those divisions and that a taxpayer under this section shall be | 39645 |
considered a taxpayer for the purposes of that section. | 39646 |
A taxpayer may carry forward the credit allowed under this | 39647 |
section to the extent that the credit exceeds the taxpayer's tax | 39648 |
due for the credit period. The taxpayer may carry the excess | 39649 |
credit forward for three credit periods following the credit | 39650 |
period for which the credit is first claimed under this section. | 39651 |
The credit allowed by this section is in addition to any credit | 39652 |
allowed under section 5729.031 of the Revised Code. | 39653 |
Sec. 5727.25. (A) Except as provided in division (B) of | 39654 |
this section, within forty-five days after the last day of March, | 39655 |
June, September, and December, each natural gas company or | 39656 |
combined company subject to the excise tax imposed by section | 39657 |
5727.24 of the Revised Code shall file a return
with the
| 39658 |
39659 | |
prescribes, and pay the full amount of the tax due on its taxable | 39660 |
gross receipts for the preceding calendar quarter, except that the | 39661 |
first payment of this tax shall be made on or before November 15, | 39662 |
2000, for the five-month period of May 1, 2000, to September 30, | 39663 |
2000. All payments made under this division shall be made by | 39664 |
electronic funds transfer in accordance with section 5727.311 of | 39665 |
the Revised Code. | 39666 |
(B) Any natural gas company or combined company subject to | 39667 |
the excise tax imposed by this section that has an annual tax | 39668 |
liability for the preceding calendar year ending on the | 39669 |
thirty-first day of December of less than three hundred | 39670 |
twenty-five thousand dollars may elect to file an annual return | 39671 |
with the
| 39672 |
tax commissioner prescribes, for the next year. A company that | 39673 |
elects to file an annual return for the calendar year shall file | 39674 |
the return and remit the taxes due on its taxable gross receipts | 39675 |
within forty-five days after the thirty-first day of December. The | 39676 |
first payment of the tax under this division shall be made on or | 39677 |
before February 14, 2001, for the period of May 1, 2000, to | 39678 |
December 31, 2000. The minimum tax for a natural gas company or | 39679 |
combined company subject to this division shall be fifty dollars, | 39680 |
and the company shall not be required to remit the tax due by | 39681 |
electronic funds transfer. | 39682 |
(C) A return required to be filed under division (A) or (B) | 39683 |
of this section shall show the amount of tax due from the company | 39684 |
for the period covered by the return and any other information as | 39685 |
prescribed by the tax commissioner. A return shall be considered | 39686 |
filed when received by the
| 39687 |
The commissioner may extend the time for making and filing returns | 39688 |
and paying the tax. | 39689 |
(D) Any natural gas company or combined company that fails | 39690 |
to file a return or pay the full amount of the tax due within the | 39691 |
period prescribed under this section shall pay an additional | 39692 |
charge of fifty dollars or ten per cent of the tax required to be | 39693 |
paid for the reporting period, whichever is greater. If any tax | 39694 |
due is not paid timely in accordance with this section, the | 39695 |
company liable for the tax shall pay interest, calculated at the | 39696 |
rate per annum prescribed by section 5703.47 of the Revised Code, | 39697 |
from the date the tax payment was due to the date of payment or to | 39698 |
the date an assessment was issued, whichever occurs first. The | 39699 |
tax commissioner may collect any additional charge or interest | 39700 |
imposed by this section by assessment in the manner provided in | 39701 |
section 5727.26 of the Revised Code. The commissioner may abate | 39702 |
all or a portion of the additional charge and may adopt rules | 39703 |
governing such abatements. | 39704 |
(E) The tax commissioner shall immediately forward to the | 39705 |
treasurer of state any amounts that the commissioner receives | 39706 |
under this section. The taxes, additional charges, penalties, and | 39707 |
interest collected under sections 5727.24 to 5727.29 of the | 39708 |
Revised Code shall be credited in accordance with section 5727.45 | 39709 |
of the Revised Code. | 39710 |
Sec. 5727.26. (A) The tax commissioner may make an | 39711 |
assessment, based on any information in the commissioner's | 39712 |
possession, against any natural gas company or combined company | 39713 |
that fails to file a return or pay any tax, interest, or | 39714 |
additional charge as required by sections 5727.24 to 5727.29 of | 39715 |
the Revised Code. The commissioner shall give the company | 39716 |
assessed written notice of the assessment as provided in section | 39717 |
5703.37 of the Revised Code. A penalty of up to fifteen per cent | 39718 |
may be added to all amounts assessed under this section. The tax | 39719 |
commissioner may adopt rules providing for the imposition and | 39720 |
remission of the penalty. | 39721 |
(B) If a party to whom the notice of assessment is directed | 39722 |
objects to the assessment, the party may file a petition for | 39723 |
reassessment with the tax commissioner. The petition must be made | 39724 |
in writing, signed by the party or the party's authorized agent | 39725 |
having knowledge of the facts, and filed with the commissioner, | 39726 |
either personally or by certified mail, within sixty days after | 39727 |
service of the notice of assessment. The petition shall indicate | 39728 |
the objections of the company assessed, but additional objections | 39729 |
may be raised in writing if received prior to the date shown on | 39730 |
the final determination of the commissioner. Upon receipt of a | 39731 |
properly filed petition, the commissioner
| 39732 |
treasurer of state. | 39733 |
Unless the petitioner waives a hearing, the commissioner | 39734 |
shall grant the petitioner a hearing on the petition, assign a | 39735 |
time and place for the hearing, and notify the petitioner of the | 39736 |
time and place of the hearing as provided in section 5703.37 of | 39737 |
the Revised Code. The commissioner may continue the hearing from | 39738 |
time to time, if necessary. | 39739 |
If the party to whom the notice of assessment is directed | 39740 |
does not file a petition for reassessment, the assessment is final | 39741 |
and the amount of the assessment is due and payable from the | 39742 |
company assessed
| 39743 |
shall make the payment payable to the treasurer of state and shall | 39744 |
deliver the payment to the tax commissioner. | 39745 |
(C) The tax commissioner may make any correction to the | 39746 |
assessment that the commissioner finds proper and shall issue a | 39747 |
final determination thereon. The commissioner shall serve a copy | 39748 |
of the final determination on the petitioner as provided in | 39749 |
section 5703.37 of the Revised Code, and the commissioner's | 39750 |
decision in the matter is final, subject to appeal under section | 39751 |
5717.02 of the
Revised Code. The commissioner
| 39752 |
transmit a copy of the final determination to the treasurer of | 39753 |
state. Only objections decided on the merits by the board of tax | 39754 |
appeals or a court shall be given collateral estoppel or res | 39755 |
judicata effect in considering an application for refund of an | 39756 |
amount paid pursuant to the assessment. | 39757 |
(D) After an assessment becomes final, if any portion of the | 39758 |
assessment, including accrued interest, remains unpaid, a | 39759 |
certified copy of the tax commissioner's entry making the | 39760 |
assessment final may be filed in the office of the clerk of the | 39761 |
court of common pleas in the county in which the natural gas | 39762 |
company's or combined company's principal place of business is | 39763 |
located, or in the office of the clerk of court of common pleas of | 39764 |
Franklin county. | 39765 |
The clerk, immediately on the filing of the entry, must enter | 39766 |
judgment for the state against the company assessed in the amount | 39767 |
shown on the entry. The judgment may be filed by the clerk in a | 39768 |
loose-leaf book entitled, "special judgments for the public | 39769 |
utility excise tax on natural gas and combined companies," and | 39770 |
shall have the same effect as other judgments. Execution shall | 39771 |
issue upon the judgment at the request of the tax commissioner, | 39772 |
and all laws applicable to sales on execution shall apply to sales | 39773 |
made under the judgment. | 39774 |
The portion of the assessment not paid within sixty days | 39775 |
after the day the assessment was issued shall bear interest at the | 39776 |
rate per annum prescribed by section 5703.47 of the Revised Code | 39777 |
from the day the tax commissioner issues the assessment until it | 39778 |
is paid. Interest shall be paid in the same manner as the tax and | 39779 |
may be collected by the issuance of an assessment under this | 39780 |
section. | 39781 |
(E) If the tax commissioner believes that collection of the | 39782 |
tax will be jeopardized unless proceedings to collect or secure | 39783 |
collection of the tax are instituted without delay, the | 39784 |
commissioner may issue a jeopardy assessment against the person | 39785 |
liable for the tax. On issuance of the jeopardy assessment, the | 39786 |
commissioner immediately shall file an entry with the clerk of the | 39787 |
court of common pleas in the manner prescribed by division (D) of | 39788 |
this section. Notice of the jeopardy assessment shall be served | 39789 |
on the party assessed or the party's legal representative as | 39790 |
provided in section 5703.37 of the Revised Code within five days | 39791 |
of the filing of the entry with the clerk. The total amount | 39792 |
assessed is immediately due and payable, unless the person | 39793 |
assessed files a petition for reassessment in accordance with | 39794 |
division (B) of this section and provides security in a form | 39795 |
satisfactory to the commissioner and in an amount sufficient to | 39796 |
satisfy the unpaid balance of the assessment. Full or partial | 39797 |
payment of the assessment does not prejudice the commissioner's | 39798 |
consideration of the petition for reassessment. | 39799 |
(F)
| 39800 |
immediately forward to the treasurer of state all amounts that the | 39801 |
tax commissioner receives under
this
section
| 39802 |
39803 | |
revenue arising from the tax imposed by section 5727.24 of the | 39804 |
Revised Code. | 39805 |
(G) No assessment shall be made or issued against a natural | 39806 |
gas company or combined company for the tax imposed by section | 39807 |
5727.24 of the Revised Code more than four years after the return | 39808 |
date for the period in which the tax was reported, or more than | 39809 |
four years after the return for the period was filed, whichever is | 39810 |
later. | 39811 |
Sec. 5727.81. (A) For the purpose of raising revenue for | 39812 |
public education and state and local government operations, an | 39813 |
excise tax is hereby levied and imposed on an electric | 39814 |
distribution company for all electricity distributed by such | 39815 |
company beginning with the measurement period that includes May | 39816 |
1, 2001, at the following rates per kilowatt hour of electricity | 39817 |
distributed in a thirty-day period by the company through a meter | 39818 |
of an end user in this state: | 39819 |
KILOWATT HOURS DISTRIBUTED TO | RATE PER | 39820 | |||
AN END USER | KILOWATT HOUR | 39821 | |||
For the first 2,000 | $.00465 | 39822 | |||
For the next 2,001 to 15,000 | $.00419 | 39823 | |||
For 15,001 and above | $.00363 | 39824 |
If no meter is used to measure the kilowatt hours of | 39825 |
electricity distributed by the company, the rates shall apply to | 39826 |
the estimated kilowatt hours of electricity distributed to an | 39827 |
unmetered location in this state. | 39828 |
The electric distribution company shall base the monthly tax | 39829 |
on the kilowatt hours of electricity distributed to an end user | 39830 |
through the meter of the end user that is not measured for a | 39831 |
thirty-day period by dividing the days in the measurement period | 39832 |
into the total kilowatt hours measured during the measurement | 39833 |
period to obtain a daily average usage. The tax shall be | 39834 |
determined by obtaining the sum of divisions (A)(1), (2), and (3) | 39835 |
of this section and multiplying that amount by the number of days | 39836 |
in the measurement period: | 39837 |
(1) Multiplying $0.00465 per kilowatt hour for the first | 39838 |
sixty-seven kilowatt hours distributed using a daily average; | 39839 |
(2) Multiplying $0.00419 for the next sixty-eight to five | 39840 |
hundred kilowatt hours distributed using a daily average; | 39841 |
(3) Multiplying $0.00363 for the remaining kilowatt hours | 39842 |
distributed using a daily average. | 39843 |
Except as provided in division (C) of this section, the | 39844 |
electric distribution company shall pay the tax to the
| 39845 |
39846 | |
the Revised Code, unless required to remit each tax payment by | 39847 |
electronic funds transfer to the treasurer of state in accordance | 39848 |
with section 5727.83 of the Revised Code. | 39849 |
Only the distribution of electricity through a meter of an | 39850 |
end user in this state shall be used by the electric distribution | 39851 |
company to compute the amount or estimated amount of tax due. In | 39852 |
the event a meter is not actually read for a measurement period, | 39853 |
the estimated kilowatt hours distributed by an electric | 39854 |
distribution company to bill for its distribution charges shall | 39855 |
be used. | 39856 |
(B) Except as provided in division (C) of this section, each | 39857 |
electric distribution company shall pay the tax imposed by this | 39858 |
section in all of the following circumstances: | 39859 |
(1) The electricity is distributed by the company through a | 39860 |
meter of an end user in this state; | 39861 |
(2) The company is distributing electricity through a meter | 39862 |
located in another state, but the electricity is consumed in this | 39863 |
state in the manner prescribed by the tax commissioner; | 39864 |
(3) The company is distributing electricity in this state | 39865 |
without the use of a meter, but the electricity is consumed in | 39866 |
this state as estimated and in the manner prescribed by the tax | 39867 |
commissioner. | 39868 |
(C)(1) As used in division (C) of this section: | 39869 |
(a) "Total price of electricity" means the aggregate value in | 39870 |
money of anything paid or transferred, or promised to be paid or | 39871 |
transferred, to obtain electricity or electric service, including | 39872 |
but not limited to the value paid or promised to be paid for the | 39873 |
transmission or distribution of electricity and for transition | 39874 |
costs as described in Chapter 4928. of the Revised Code. | 39875 |
(b) "Package" means the provision or the acquisition, at a | 39876 |
combined price, of electricity with other services or products, or | 39877 |
any combination thereof, such as natural gas or other fuels; | 39878 |
energy management products, software, and services; machinery and | 39879 |
equipment acquisition; and financing agreements. | 39880 |
(c) "Single location" means a facility located on contiguous | 39881 |
property separated only by a roadway, railway, or waterway. | 39882 |
(2) Division (C) of this section applies to any commercial | 39883 |
or industrial purchaser's receipt of electricity through a meter | 39884 |
of an end user in this state or through more than one meter at a | 39885 |
single location in this state in a quantity that exceeds | 39886 |
forty-five million kilowatt hours of electricity over the course | 39887 |
of the preceding calendar year, or any commercial or industrial | 39888 |
purchaser that will consume more than forty-five million kilowatt | 39889 |
hours of electricity over the course of the succeeding twelve | 39890 |
months as estimated by the tax commissioner. The tax commissioner | 39891 |
shall make such an estimate upon the written request by an | 39892 |
applicant for registration as a self-assessing purchaser under | 39893 |
this division. Such a purchaser may elect to self-assess the | 39894 |
excise tax imposed by this section at the rate of $.00075 per | 39895 |
kilowatt hour on
| 39896 |
kilowatt hours distributed to that meter or location during the | 39897 |
registration year, and four per cent of the total price of all | 39898 |
electricity distributed to that meter or location. A qualified | 39899 |
end user that receives electricity through a meter of an end user | 39900 |
in this state or through more than one meter at a single location | 39901 |
in this state and that consumes, over the course of the previous | 39902 |
calendar year, more than forty-five million kilowatt hours in | 39903 |
other than its qualifying manufacturing process, may elect to | 39904 |
self-assess the tax as allowed by this division with respect to | 39905 |
the electricity used in other than its qualifying manufacturing | 39906 |
process. Payment of the tax shall be made directly to the tax | 39907 |
commissioner in accordance with divisions (A)(4) and (5) of | 39908 |
section 5727.82 of the Revised Code, or the treasurer of state in | 39909 |
accordance
with
| 39910 |
5727.83 of the Revised Code. If the electric distribution company | 39911 |
serving the self-assessing purchaser is a municipal electric | 39912 |
utility and the purchaser is within the municipal corporation's | 39913 |
corporate limits, payment shall be made to such municipal | 39914 |
corporation's general fund and reports shall be filed in | 39915 |
accordance with divisions (A)(4) and (5) of section 5727.82 of | 39916 |
the Revised Code, except that "municipal corporation" shall be | 39917 |
substituted for "treasurer of state" and "tax commissioner." A | 39918 |
self-assessing purchaser that pays the excise tax as provided in | 39919 |
this division shall not be required to pay the tax to the | 39920 |
electric distribution company from which its electricity is | 39921 |
distributed. If a self-assessing purchaser's receipt of | 39922 |
electricity is not subject to the tax as measured under this | 39923 |
division, the tax on the receipt of such electricity shall be | 39924 |
measured and paid as provided in division (A) of this section. | 39925 |
(3) In the case of the acquisition of a package, unless the | 39926 |
elements of the package are separately stated isolating the total | 39927 |
price of electricity from the price of the remaining elements of | 39928 |
the package, the tax imposed under this section applies to the | 39929 |
entire price of the package. If the elements of the package are | 39930 |
separately stated, the tax imposed under this section applies to | 39931 |
the total price of the electricity. | 39932 |
(4) Any electric supplier that sells electricity as part of | 39933 |
a package shall separately state to the purchaser the total price | 39934 |
of the electricity and, upon request by the tax commissioner, the | 39935 |
total price of each of the other elements of the package. | 39936 |
(5) The tax commissioner may adopt rules relating to the | 39937 |
computation of the total price of electricity with respect to | 39938 |
self-assessing purchasers, which may include rules to establish | 39939 |
the total price of electricity purchased as part of a package. | 39940 |
(6)
| 39941 |
self-assessing purchaser shall be made for each qualifying meter | 39942 |
or location | 39943 |
registration year begins on the first day of may and ends on the | 39944 |
following thirtieth day of April. Persons may apply after the | 39945 |
first day of May for the remainder of the registration year. In | 39946 |
the case of an applicant applying on the basis of an estimated | 39947 |
consumption of forty-five million kilowatt hours over the course | 39948 |
of the succeeding twelve months, the applicant shall provide such | 39949 |
information as the tax commissioner considers to be necessary to | 39950 |
estimate such consumption. At the time of making the application | 39951 |
and by the first day of May of each year, excluding May 1, 2000, a | 39952 |
self-assessing purchaser shall pay a fee of five hundred dollars | 39953 |
to the tax commissioner, or to the treasurer of state as provided | 39954 |
in section 5727.83 of the Revised Code, for each qualifying meter | 39955 |
or location. The tax commissioner shall immediately pay to the | 39956 |
treasurer of state all amounts that the tax commissioner receives | 39957 |
under this section. The treasurer of state shall deposit such | 39958 |
| 39959 |
fund, which is hereby created in the state treasury. Money in the | 39960 |
fund shall be used to defray the tax commissioner's cost in | 39961 |
administering the tax owed under section 5727.81 of the Revised | 39962 |
Code by self-assessing purchasers. After the application is | 39963 |
approved by the tax commissioner, the registration shall remain in | 39964 |
effect for the current registration year, or until canceled by the | 39965 |
registrant upon written notification to the commissioner of the | 39966 |
election to pay the tax in accordance with division (A) of this | 39967 |
section, or until canceled by the tax commissioner for not paying | 39968 |
the tax or fee
under
division
(C) of this section | 39969 |
meeting the qualifications in division (C)(2) of this section. The | 39970 |
tax commissioner shall give written notice to the electric | 39971 |
distribution company from which electricity is delivered to a | 39972 |
self-assessing purchaser of the purchaser's self-assessing status, | 39973 |
and the electric distribution company is relieved of the | 39974 |
obligation to pay the tax imposed by division (A) of this section | 39975 |
for electricity distributed to that self-assessing purchaser until | 39976 |
it is notified by the tax commissioner that the self-assessing | 39977 |
purchaser's registration is canceled. Within fifteen days of | 39978 |
notification of the canceled registration, the electric | 39979 |
distribution company shall be responsible for payment of the tax | 39980 |
imposed by division (A) of this section on electricity distributed | 39981 |
to a purchaser that is no longer registered as a self-assessing | 39982 |
purchaser. A self-assessing purchaser with a canceled | 39983 |
registration must file a report and remit the tax imposed by | 39984 |
division (A) of this section on all electricity it receives for | 39985 |
any measurement period prior to the tax being reported and paid by | 39986 |
the electric distribution company. A self-assessing purchaser | 39987 |
whose registration is canceled by the tax commissioner is not | 39988 |
eligible to register as a self-assessing purchaser for two years | 39989 |
after the registration is canceled. | 39990 |
(7) If the tax commissioner cancels the self-assessing | 39991 |
registration of a purchaser registered on the basis of its | 39992 |
estimated consumption because the purchaser does not consume at | 39993 |
least forty-five million kilowatt hours of electricity over the | 39994 |
course of the twelve-month period for which the estimate was made, | 39995 |
the tax commissioner shall assess and collect from the purchaser | 39996 |
the difference between (a) the amount of tax that would have been | 39997 |
payable under division (A) of this section on the electricity | 39998 |
distributed to the purchaser during that period and (b) the amount | 39999 |
of tax paid by the purchaser on such electricity pursuant to | 40000 |
division (C)(2)(a) of this section. The assessment shall be paid | 40001 |
within sixty days after the tax commissioner issues it, regardless | 40002 |
of whether the purchaser files a petition for reassessment under | 40003 |
section 5727.89 of the Revised Code covering that period. If the | 40004 |
purchaser does not pay the assessment within the time prescribed, | 40005 |
the amount assessed is subject to the additional charge and the | 40006 |
interest prescribed by divisions (B) and (C) of section 5727.82 of | 40007 |
the Revised Code, and is subject to assessment under section | 40008 |
5727.89 of the Revised Code. If the purchaser is a qualified end | 40009 |
user, division (C)(7) of this section applies only to electricity | 40010 |
it consumes in other than its qualifying manufacturing process. | 40011 |
(D) The tax imposed by this section does not apply to the | 40012 |
distribution of any kilowatt hours of electricity to the federal | 40013 |
government, to an end user located at a federal facility that uses | 40014 |
electricity for the enrichment of uranium, to a qualified | 40015 |
regeneration meter, or to an end user for any day the end user is | 40016 |
a qualified end user. The exemption under this division for a | 40017 |
qualified end user only applies to the manufacturing location | 40018 |
where the qualified end user uses more than three million kilowatt | 40019 |
hours per day in a qualifying manufacturing process. | 40020 |
Sec. 5727.811. (A) For the purpose of raising revenue for | 40021 |
public education and state and local government operations, an | 40022 |
excise tax is hereby levied on every natural gas distribution | 40023 |
company for all natural gas volumes billed by, or on behalf of, | 40024 |
the company
| 40025 |
that includes July 1, 2001. Except as provided in divisions (C) | 40026 |
or (D) of this section, the tax shall be levied at the following | 40027 |
rates per MCF of natural gas distributed by the company through a | 40028 |
meter of an end user in this state: | 40029 |
MCF DISTRIBUTED TO AN END USER | RATE PER MCF | 40030 | ||
For the first 100 MCF per month | $.1593 | 40031 | ||
For the next 101 to 2000 MCF per month | $.0877 | 40032 | ||
For 2001 and above MCF per month | $.0411 | 40033 |
If no meter is used to measure the MCF of natural gas | 40034 |
distributed by the company, the rates shall apply to the estimated | 40035 |
MCF of natural gas distributed to an unmetered location in this | 40036 |
state. | 40037 |
(B) A natural gas distribution company shall base the tax on | 40038 |
the MCF of natural gas distributed to an end user through the | 40039 |
meter of the end user in this state that is estimated to be | 40040 |
consumed by the end user as reflected on the end user's customer | 40041 |
statement from the natural gas distribution company. The natural | 40042 |
gas distribution company shall pay the tax levied by this section | 40043 |
to the
| 40044 |
section 5727.82 of the Revised Code unless required to remit | 40045 |
payment to the treasurer of state in accordance with section | 40046 |
5727.83 of the Revised Code. | 40047 |
(C) A natural gas distribution company with fifty thousand | 40048 |
customers or less may elect to apply the rates specified in | 40049 |
division (A) of this section to the aggregate of the natural gas | 40050 |
distributed by the company through the meter of all its customers | 40051 |
in this state, and upon such election, this method shall be used | 40052 |
to determine the amount of tax to be paid by such company. | 40053 |
(D) A natural gas distribution company shall pay the tax | 40054 |
imposed by this section at the rate of $.02 per MCF of natural gas | 40055 |
distributed by the company through the meter of a flex customer. | 40056 |
The natural gas distribution company correspondingly shall reduce | 40057 |
the per MCF rate that it charges the flex customer for natural gas | 40058 |
distribution services by $.02 per MCF of natural gas distributed | 40059 |
to the flex customer. | 40060 |
(E) Except as provided in division (F) of this section, each | 40061 |
natural gas distribution company shall pay the tax imposed by this | 40062 |
section in all of the following circumstances: | 40063 |
(1) The natural gas is distributed by the company through a | 40064 |
meter of an end user in this state; | 40065 |
(2) The natural gas distribution company is distributing | 40066 |
natural gas through a meter located in another state, but the | 40067 |
natural gas is consumed in this state in the manner prescribed by | 40068 |
the tax commissioner; | 40069 |
(3) The natural gas distribution company is distributing | 40070 |
natural gas in this state without the use of a meter, but the | 40071 |
natural gas is consumed in this state as estimated and in the | 40072 |
manner prescribed by the tax commissioner. | 40073 |
(F) The tax levied by this section does not apply to the | 40074 |
distribution of natural gas to the federal government, or natural | 40075 |
gas produced by an end user in this state that is consumed by that | 40076 |
end user or its affiliates and is not distributed through the | 40077 |
facilities of a natural gas company. | 40078 |
Sec. 5727.82. (A)(1) Except as provided in divisions (A)(3) | 40079 |
and (D) of this section, by the twentieth day of each month, each | 40080 |
electric distribution company required to pay the tax imposed by | 40081 |
section 5727.81 of the
Revised
Code shall file with the
| 40082 |
40083 | |
commissioner and shall make payment of the full amount of tax due | 40084 |
for the preceding month. The first payment of this tax shall be | 40085 |
made on or before June 20, 2001. The electric distribution company | 40086 |
shall make payment to the tax commissioner unless required to | 40087 |
remit each tax payment by electronic funds transfer to the | 40088 |
treasurer of state as provided in section 5727.83 of the Revised | 40089 |
Code. | 40090 |
(2) By the twentieth day of May, August, November, and | 40091 |
February, each natural gas distribution company required to pay | 40092 |
the tax imposed by section 5727.811 of the Revised Code shall file | 40093 |
with the
| 40094 |
prescribed by the tax commissioner and shall make payment to the | 40095 |
tax commissioner, or to the treasurer of state as provided in | 40096 |
section 5727.83 of the Revised Code, of the full amount of tax due | 40097 |
for the preceding quarter. The first payment of this tax shall be | 40098 |
made on or before November 20, 2001, for the quarter ending | 40099 |
September 30, 2001. | 40100 |
(3) If the electric distribution company required to pay the | 40101 |
tax imposed by section 5727.81 of the Revised Code is a municipal | 40102 |
electric utility, it may retain in its general fund that portion | 40103 |
of the tax on the kilowatt hours distributed to end users located | 40104 |
within the boundaries of the municipal corporation. However, the | 40105 |
municipal electric utility shall make payment in accordance with | 40106 |
division (A)(1) of this section of the tax due on the kilowatt | 40107 |
hours distributed to end users located outside the boundaries of | 40108 |
the municipal corporation. | 40109 |
(4) By the twentieth day of each month, each self-assessing | 40110 |
purchaser that under division (C) of section 5727.81 of the | 40111 |
Revised Code pays directly to the tax commissioner or the | 40112 |
treasurer of state the tax imposed by section 5727.81 of the | 40113 |
Revised
Code
shall file with the
| 40114 |
commissioner a return as prescribed by the tax commissioner and | 40115 |
shall make payment of the full amount of the tax due for the | 40116 |
preceding month. | 40117 |
(5) As prescribed by the tax commissioner, a return shall | 40118 |
be signed by the company or self-assessing purchaser required to | 40119 |
file it, or an authorized employee, officer, or agent of the | 40120 |
company or purchaser.
| 40121 |
40122 | |
40123 | |
40124 | |
The return shall be deemed
filed when received by the | 40125 |
40126 | |
(B) Any natural gas distribution company, electric | 40127 |
distribution company, or self-assessing purchaser required by this | 40128 |
section to file a return who fails to file it and pay the tax | 40129 |
within the period prescribed shall pay an additional charge of | 40130 |
fifty dollars or ten per cent of the tax required to be paid for | 40131 |
the reporting period, whichever is greater. The tax commissioner | 40132 |
may collect the additional charge by assessment pursuant to | 40133 |
section 5727.89 of the Revised Code. The commissioner may abate | 40134 |
all or a portion of the additional charge and may adopt rules | 40135 |
governing such abatements. | 40136 |
(C) If any tax due is not paid timely in accordance with | 40137 |
this section, the natural gas distribution company, electric | 40138 |
distribution company, or self-assessing purchaser liable for the | 40139 |
tax shall pay interest, calculated at the rate per annum | 40140 |
prescribed by section 5703.47 of the Revised Code, from the date | 40141 |
the tax payment was due to the date of payment or to the date an | 40142 |
assessment is issued, whichever occurs first. Interest shall be | 40143 |
paid in the same manner as the tax, and the commissioner may | 40144 |
collect the interest by assessment pursuant to section 5727.89 of | 40145 |
the Revised Code. | 40146 |
(D) Not later than the tenth day of each month, a qualified | 40147 |
end user not making the election to self-assess under division (C) | 40148 |
of section 5727.81 of the Revised Code shall report in writing to | 40149 |
the electric distribution company that distributes electricity to | 40150 |
the end user the kilowatt hours that were consumed as a qualified | 40151 |
end user in a qualifying manufacturing process for the prior month | 40152 |
and the number of days, if any, on which the end user was not a | 40153 |
qualified end user. For each calendar day during that month, a | 40154 |
qualified end user shall report the kilowatt hours that were not | 40155 |
used in a qualifying manufacturing process. For each calendar day | 40156 |
the end user was not a qualified end user, the end user shall | 40157 |
report in writing to the electric distribution company the total | 40158 |
number of kilowatt hours used on that day, and the electric | 40159 |
distribution company shall pay the tax imposed under section | 40160 |
5727.81 of the Revised Code on each kilowatt hour that was not | 40161 |
distributed to a qualified end user in a qualifying manufacturing | 40162 |
process. The electric distribution company may rely in good faith | 40163 |
on a qualified end user's report filed under this division. If it | 40164 |
is determined that the end user was not a qualified end user for | 40165 |
any calendar day or the quantity of electricity used by the | 40166 |
qualified end user in a qualifying manufacturing process was | 40167 |
overstated, the tax commissioner shall assess and collect any tax | 40168 |
imposed under section 5727.81 of the Revised Code directly from | 40169 |
the qualified end user. As requested by the commissioner, each | 40170 |
end user reporting to an electric distribution company that it is | 40171 |
a qualified end user shall provide documentation to the | 40172 |
commissioner that establishes the volume of electricity consumed | 40173 |
daily by the qualified end user and the total number of kilowatt | 40174 |
hours consumed in a qualifying manufacturing process. | 40175 |
(E) The tax commissioner shall immediately pay to the | 40176 |
treasurer of state all amounts that the tax commissioner receives | 40177 |
under this section. The treasurer of state shall credit such | 40178 |
amounts in accordance with this chapter. | 40179 |
Sec. 5727.84. (A) As used in this section and sections | 40180 |
5727.85, 5727.86, and 5727.87 of the Revised Code: | 40181 |
(1) "School district" means a city, local, or exempted | 40182 |
village school district. | 40183 |
(2) "Joint vocational school district" means a joint | 40184 |
vocational school district created under section 3311.16 of the | 40185 |
Revised Code, and includes a cooperative education school district | 40186 |
created under section 3311.52 or 3311.521 of the Revised Code and | 40187 |
a county school financing district created under section 3311.50 | 40188 |
of the Revised Code. | 40189 |
(3) "Local taxing unit" means a subdivision or taxing unit, | 40190 |
as defined in section 5705.01 of the Revised Code, a park district | 40191 |
created under Chapter 1545. of the Revised Code, or a township | 40192 |
park district established under section 511.23 of the Revised | 40193 |
Code, but excludes school districts and joint vocational school | 40194 |
districts. | 40195 |
(4)
"State education aid" means the sum of
| 40196 |
40197 | |
district
or joint vocational school district
under
| 40198 |
40199 |
(5) "State education aid offset" means the amount certified | 40200 |
for each school district under division (A)(1) of section 5727.85 | 40201 |
of the Revised Code. | 40202 |
(6)
" | 40203 |
the same meaning as in section 3317.02 of the Revised Code. | 40204 |
(7) "Electric company tax value loss" means the amount | 40205 |
determined under division (D) of this section. | 40206 |
(8) "Natural gas company tax value loss" means the amount | 40207 |
determined under division (E) of this section. | 40208 |
(9) "Tax value loss" means the sum of the electric company | 40209 |
tax value loss and the natural gas company tax value loss. | 40210 |
(10) "Fixed-rate levy" means any tax levied on property other | 40211 |
than a fixed-sum levy. | 40212 |
(11) "Fixed-rate levy loss" means the amount determined under | 40213 |
division (G) of this section. | 40214 |
(12) "Fixed-sum levy" means a tax levied on property at | 40215 |
whatever rate is required to produce a specified amount of tax | 40216 |
money or to pay debt charges, and includes school district | 40217 |
emergency levies imposed pursuant to section 5705.194 of the | 40218 |
Revised Code. | 40219 |
(13) "Fixed-sum levy loss" means the amount determined under | 40220 |
division (H) of this section. | 40221 |
(14) "Consumer price index" means the consumer price index | 40222 |
(all items, all urban consumers) prepared by the bureau of labor | 40223 |
statistics of the United States department of labor. | 40224 |
(B) All money arising from the tax imposed by section | 40225 |
5727.81 of the Revised Code shall be credited as follows: | 40226 |
(1) Fifty-nine and nine hundred seventy-six one-thousandths | 40227 |
per cent, plus an amount equal to seventy per cent of the total | 40228 |
state education aid offset, shall be credited to the general | 40229 |
revenue fund. | 40230 |
(2) Two and six hundred forty-six one-thousandths per cent | 40231 |
shall be credited to the local government fund, for distribution | 40232 |
in accordance with section 5747.50 of the Revised Code. | 40233 |
(3) Three hundred seventy-eight one-thousandths per cent | 40234 |
shall be credited to the local government revenue assistance fund, | 40235 |
for distribution in accordance with section 5747.61 of the Revised | 40236 |
Code. | 40237 |
(4) Twenty-five and nine-tenths per cent, less an amount | 40238 |
equal to seventy per cent of the total state education aid offset, | 40239 |
shall be credited to the school district property tax replacement | 40240 |
fund, which is hereby created in the state treasury for the | 40241 |
purpose of making the payments described in section 5727.85 of the | 40242 |
Revised Code. | 40243 |
(5) Eleven and one-tenth per cent shall be credited to the | 40244 |
local government property tax replacement fund, which is hereby | 40245 |
created in the state treasury for the purpose of making the | 40246 |
payments described in section 5727.86 of the Revised Code. | 40247 |
(6) Beginning in the fiscal year in which payments are | 40248 |
required to be made under sections 5727.85 and 5727.86 of the | 40249 |
Revised Code, if the revenue arising from the tax levied by | 40250 |
section 5727.81 of the Revised Code is less than five hundred | 40251 |
fifty-two million dollars, the amount credited to the general | 40252 |
revenue fund under division (B)(1) of this section shall be | 40253 |
reduced by the amount necessary to credit to each of the funds in | 40254 |
divisions (B)(2), (3), (4), and (5) of this section the amount it | 40255 |
would have received if the tax did raise five hundred fifty-two | 40256 |
million dollars for that fiscal year. The tax commissioner shall | 40257 |
certify to the director of budget and management the amounts that | 40258 |
shall be credited under this division. | 40259 |
(C) All money arising from the tax imposed by section | 40260 |
5727.811 of the Revised Code shall be credited as follows: | 40261 |
(1) Seventy per cent, less an amount equal to thirty per | 40262 |
cent of the total state education aid offset, shall be credited to | 40263 |
the school district property tax replacement fund for the purpose | 40264 |
of making the payments described in section 5727.85 of the Revised | 40265 |
Code. | 40266 |
(2) Thirty per cent shall be credited to the local | 40267 |
government property tax replacement fund for the purpose of making | 40268 |
the payments described in section 5727.86 of the Revised Code. | 40269 |
(3) An amount equal to thirty per cent of the total state | 40270 |
education aid offset shall be credited to the general revenue | 40271 |
fund. | 40272 |
(4) Beginning in the fiscal year in which payments are | 40273 |
required to be made under sections 5727.85 and 5727.86 of the | 40274 |
Revised Code, if the revenue arising from the tax levied by | 40275 |
section 5727.811 of the Revised Code is less than ninety million | 40276 |
dollars, the amount credited to the general revenue fund under | 40277 |
division (C)(3) of this section shall be reduced by the amount | 40278 |
necessary to credit to each of the funds in divisions (C)(1) and | 40279 |
(2) of this section the amount that it would have received if the | 40280 |
tax did raise ninety million dollars for that fiscal year. The | 40281 |
tax commissioner shall certify to the director of budget and | 40282 |
management the amounts that shall be credited under this division. | 40283 |
(D) Not later than January 1, 2002, the tax commissioner | 40284 |
shall determine for each taxing district its electric company tax | 40285 |
value loss, which is the sum of the amounts described in divisions | 40286 |
(D)(1) and (2) of this section: | 40287 |
(1) The difference obtained by subtracting the amount | 40288 |
described in division (D)(1)(b) from the amount described in | 40289 |
division (D)(1)(a) of this section. | 40290 |
(a) The value of electric company and rural electric company | 40291 |
tangible personal property as assessed by the tax commissioner for | 40292 |
tax year 1998 on a preliminary assessment, or an amended | 40293 |
preliminary assessment if issued prior to March 1, 1999, and as | 40294 |
apportioned to the taxing district for tax year 1998; | 40295 |
(b) The value of electric company and rural electric company | 40296 |
tangible personal property as assessed by the tax commissioner for | 40297 |
tax year 1998 had the property been apportioned to the taxing | 40298 |
district for tax year 2001, and assessed at the rates in effect | 40299 |
for tax year 2001. | 40300 |
(2) The difference obtained by subtracting the amount | 40301 |
described in division (D)(2)(b) from the amount described in | 40302 |
division (D)(2)(a) of this section. | 40303 |
(a) The three-year average for tax years 1996, 1997, and | 40304 |
1998 of the assessed value from nuclear fuel materials and | 40305 |
assemblies assessed against a person under Chapter 5711. of the | 40306 |
Revised Code from the leasing of them to an electric company for | 40307 |
those respective tax years, as reflected in the preliminary | 40308 |
assessments; | 40309 |
(b) The three-year average assessed value from nuclear fuel | 40310 |
materials and assemblies assessed under division (D)(2)(a) of this | 40311 |
section for tax years 1996, 1997, and 1998, as reflected in the | 40312 |
preliminary assessments, using an assessment rate of twenty-five | 40313 |
per cent. | 40314 |
(E) Not later than January 1, 2002, the tax commissioner | 40315 |
shall determine for each taxing district its natural gas company | 40316 |
tax value loss, which is the sum of the amounts described in | 40317 |
divisions (E)(1) and (2) of this section: | 40318 |
(1) The difference obtained by subtracting the amount | 40319 |
described in division (E)(1)(b) from the amount described in | 40320 |
division (E)(1)(a) of this section. | 40321 |
(a) The value of all natural gas company tangible personal | 40322 |
property, other than property described in division (E)(2) of this | 40323 |
section, as assessed by the tax commissioner for tax year 1999 on | 40324 |
a preliminary assessment, or an amended preliminary assessment if | 40325 |
issued prior to March 1, 2000, and apportioned to the taxing | 40326 |
district for tax year 1999; | 40327 |
(b) The value of all natural gas company tangible personal | 40328 |
property, other than property described in division (E)(2) of this | 40329 |
section, as assessed by the tax commissioner for tax year 1999 had | 40330 |
the property been apportioned to the taxing district for tax year | 40331 |
2001, and assessed at the rates in effect for tax year 2001. | 40332 |
(2) The difference in the value of current gas obtained by | 40333 |
subtracting the amount described in division (E)(2)(b) from the | 40334 |
amount described in division (E)(2)(a) of this section. | 40335 |
(a) The three-year average assessed value of current gas as | 40336 |
assessed by the tax commissioner for tax years 1997, 1998, and | 40337 |
1999 on a preliminary assessment, or an amended preliminary | 40338 |
assessment if issued prior to March 1, 2001, and as apportioned in | 40339 |
the taxing district for those respective years; | 40340 |
(b) The three-year average assessed value from current gas | 40341 |
under division (E)(2)(a) of this section for tax years 1997, 1998, | 40342 |
and 1999, as reflected in the preliminary assessment, using an | 40343 |
assessment rate of twenty-five per cent. | 40344 |
(F) The tax commissioner may request that natural gas | 40345 |
companies, electric companies, and rural electric companies file a | 40346 |
report to help determine the tax value loss under divisions (D) | 40347 |
and (E) of this section. The report shall be filed within thirty | 40348 |
days of the commissioner's request. A company that fails to file | 40349 |
the report or does not timely file the report is subject to the | 40350 |
penalty in section 5727.60 of the Revised Code. | 40351 |
(G) Not later than January 1, 2002, the tax commissioner | 40352 |
shall determine for each school district, joint vocational school | 40353 |
district, and local taxing unit its fixed-rate levy loss, which is | 40354 |
the sum of its electric company tax value loss multiplied by the | 40355 |
tax rate in effect in tax year 1998 for fixed-rate levies and its | 40356 |
natural gas company tax value loss multiplied by the tax rate in | 40357 |
effect in tax year 1999 for fixed-rate levies. | 40358 |
(H) Not later than January 1, 2002, the tax commissioner | 40359 |
shall determine for each school district, joint vocational school | 40360 |
district, and local taxing unit its fixed-sum levy loss, which is | 40361 |
the amount obtained by subtracting the amount described in | 40362 |
division (H)(2) of this section from the amount described in | 40363 |
division (H)(1) of this section: | 40364 |
(1) The sum of the electric company tax value loss | 40365 |
multiplied by the tax rate in effect in tax year 1998, and the | 40366 |
natural gas company tax value loss multiplied by the tax rate in | 40367 |
effect in tax year 1999, for fixed-sum levies for all taxing | 40368 |
districts within each school district, joint vocational school | 40369 |
district, and local taxing unit. For the years 2002 through 2006, | 40370 |
this computation shall include school district emergency levies | 40371 |
that existed in 1998 in the case of the electric company tax value | 40372 |
loss, and 1999 in the case of the natural gas company tax value | 40373 |
loss, and all other fixed-sum levies that existed in 1998 in the | 40374 |
case of the electric company tax value loss and 1999 in the case | 40375 |
of the natural gas company tax value loss and continue to be | 40376 |
charged in the tax year preceding the distribution year. For the | 40377 |
years 2007 through 2016 in the case of school district emergency | 40378 |
levies, and for all years after 2006 in the case of all other | 40379 |
fixed-sum levies, this computation shall exclude all fixed-sum | 40380 |
levies that existed in 1998 in the case of the electric company | 40381 |
tax value loss and 1999 in the case of the natural gas company tax | 40382 |
value loss, but are no longer in effect in the tax year preceding | 40383 |
the distribution year. For the purposes of this section, an | 40384 |
emergency levy that existed in 1998 in the case of the electric | 40385 |
company tax value loss, and 1999 in the case of the natural gas | 40386 |
company tax value loss, continues to exist in a year beginning on | 40387 |
or after January 1, 2007, but before January 1, 2017, if, in that | 40388 |
year, the board of education levies a school district emergency | 40389 |
levy for an annual sum at least equal to the annual sum levied by | 40390 |
the board in tax year 1998 or 1999, respectively, less the amount | 40391 |
of the payment certified under this division for 2002. | 40392 |
(2) The total taxable value in tax year 1998 in the case of | 40393 |
the electric company tax value loss and 1999 in the case of the | 40394 |
natural gas company tax value loss in each school district, joint | 40395 |
vocational school district, and local taxing unit multiplied by | 40396 |
one-fourth of one mill. | 40397 |
If the amount computed under division (H) of this section | 40398 |
for any school district, joint vocational school district, or | 40399 |
local taxing unit is greater than zero, that amount shall equal | 40400 |
the fixed-sum levy loss reimbursed pursuant to division (E) of | 40401 |
section 5727.85 of the Revised Code or division (A)(2) of section | 40402 |
5727.86 of the Revised Code, and the one-fourth of one mill that | 40403 |
is subtracted under division (H)(2) of this section shall be | 40404 |
apportioned among all contributing fixed-sum levies in the | 40405 |
proportion of each levy to the sum of all fixed-sum levies within | 40406 |
each school district, joint vocational school district, or local | 40407 |
taxing unit. | 40408 |
(I) Notwithstanding divisions (D), (E), (G), and (H) of | 40409 |
this section, in computing the tax value loss, fixed-rate levy | 40410 |
loss, and fixed-sum levy loss, the tax commissioner shall use the | 40411 |
greater of the 1998 tax rate or the 1999 tax rate in the case of | 40412 |
levy losses associated with the electric company tax value loss, | 40413 |
but the 1999 tax rate shall not include for this purpose any tax | 40414 |
levy approved by the voters after June 30, 1999, and the tax | 40415 |
commissioner shall use the greater of the 1999 or the 2000 tax | 40416 |
rate in the case of levy losses associated with the natural gas | 40417 |
company tax value loss, but the 2000 tax rate shall not include | 40418 |
for this purpose any tax levy approved by the voters after | 40419 |
November 7, 2000. | 40420 |
(J) Not later than January 1, 2002, the tax commissioner | 40421 |
shall certify to the department of education the tax value loss | 40422 |
determined under divisions (D) and (E) of this section for each | 40423 |
taxing district. | 40424 |
Sec. 5727.85. (A) By the thirty-first day of July of each | 40425 |
year, beginning in 2002 and ending in 2016, the department of | 40426 |
education shall determine the following for each school district | 40427 |
eligible for payment under division (C) of this section: | 40428 |
(1) The state education aid offset, which is the difference | 40429 |
obtained by subtracting the amount described in division (A)(1)(b) | 40430 |
of this section from the amount described in division (A)(1)(a) of | 40431 |
this section: | 40432 |
(a) The state education aid computed for the school district | 40433 |
for
the current fiscal year on the basis of
| 40434 |
40435 |
(b) The state education aid that would be computed for the | 40436 |
school district for the current fiscal year if the district's | 40437 |
| 40438 |
value loss for all taxing districts in the school district. | 40439 |
(2) The difference obtained by subtracting the state | 40440 |
education aid offset determined under division (A)(1) of this | 40441 |
section from the fixed-rate levy loss determined under division | 40442 |
(G) of section 5727.84 of the Revised Code for all taxing | 40443 |
districts in each school district. The department of education | 40444 |
shall certify the amount so determined to the director of budget | 40445 |
and management. | 40446 |
(B) Not later than the thirty-first day of October of the | 40447 |
years 2006 through 2016, the department of education shall | 40448 |
determine all of the following for each school district: | 40449 |
(1) The amount obtained by subtracting the district's state | 40450 |
education aid computed for fiscal year 2002 from the district's | 40451 |
state education aid computed for the current fiscal year; | 40452 |
(2) The inflation-adjusted property tax loss. The | 40453 |
inflation-adjusted property tax loss equals the fixed-rate levy | 40454 |
loss determined under division (G) of section 5727.84 of the | 40455 |
Revised Code for all taxing districts in each school district plus | 40456 |
the product obtained by multiplying that loss by the cumulative | 40457 |
percentage increase in the consumer price index from January 1, | 40458 |
2002, to the thirtieth day of June of the current year. | 40459 |
(3) The difference obtained by subtracting the amount | 40460 |
computed under division (B)(1) from the amount of the | 40461 |
inflation-adjusted property tax loss. If this difference is zero | 40462 |
or a negative number, no further payments shall be made under | 40463 |
division (C) of this section to the school district from the | 40464 |
school district property tax replacement fund. If the difference | 40465 |
is greater than zero, the department of education shall certify | 40466 |
the amount calculated in division (A)(2) of this section to the | 40467 |
director of budget and management not later than the thirty-first | 40468 |
day of December of each year, beginning in 2006 and ending in | 40469 |
2016. | 40470 |
(C) For all taxing districts in each school district, the | 40471 |
director of budget and management shall pay from the school | 40472 |
district property tax replacement fund to the county undivided | 40473 |
income tax fund in the proper county treasury all of the | 40474 |
following: | 40475 |
(1) In February 2002, one-half of the fixed-rate levy loss | 40476 |
certified under division (G) of section 5727.84 of the Revised | 40477 |
Code on or before the day prescribed for the settlement under | 40478 |
division (A) of section 321.24 of the Revised Code. | 40479 |
(2) From August 2002 through August 2006, one-half of the | 40480 |
amount certified for that fiscal year under division (A)(2) of | 40481 |
this section on or before each of the days prescribed for the | 40482 |
settlements under divisions (A) and (C) of section 321.24 of the | 40483 |
Revised Code. | 40484 |
(3) From February 2007 through August 2016, one-half of the | 40485 |
amount certified for that calendar year under division (B)(3) of | 40486 |
this section on or before each of the days prescribed for the | 40487 |
settlements under divisions (A) and (C) of section 321.24 of the | 40488 |
Revised Code. | 40489 |
The county treasurer shall distribute amounts paid under | 40490 |
divisions (C)(1), (2), and (3) of this section to the proper | 40491 |
school district as if they had been levied and collected as taxes, | 40492 |
and the school district shall apportion the amounts so received | 40493 |
among its funds in the same proportions as if those amounts had | 40494 |
been levied and collected as taxes. | 40495 |
(D) Not later than January 1, 2002, for all taxing districts | 40496 |
in each joint vocational school district, the tax commissioner | 40497 |
shall certify to the director of budget and management the | 40498 |
fixed-rate levy loss determined under division (G) of section | 40499 |
5727.84 of the Revised Code. From February 2002 to August 2016, | 40500 |
the director shall pay from the school district property tax | 40501 |
replacement fund to the county undivided income tax fund in the | 40502 |
proper county treasury, one-half of the fixed-rate levy loss so | 40503 |
certified for each year on or before each of the days prescribed | 40504 |
for the settlements under divisions (A) and (C) of section 321.24 | 40505 |
of the Revised Code. The county treasurer shall distribute such | 40506 |
amounts to the proper joint vocational school district as if they | 40507 |
had been levied and collected as taxes, and the joint vocational | 40508 |
school district shall apportion the amounts so received among its | 40509 |
funds in the same proportions as if those amounts had been levied | 40510 |
and collected as taxes. | 40511 |
(E)(1) Not later than January 1, 2002, for each fixed-sum | 40512 |
levy levied by each school district or joint vocational school | 40513 |
district and for each year for which a determination is made | 40514 |
under division (H) of section 5727.84 of the Revised Code that a | 40515 |
fixed-sum levy loss is to be reimbursed, the tax commissioner | 40516 |
shall certify to the director of budget and management the | 40517 |
fixed-sum levy loss determined under that division. The | 40518 |
certification shall cover a time period sufficient to include all | 40519 |
fixed-sum levies for which the tax commissioner made such a | 40520 |
determination. The director shall pay from the school district | 40521 |
property tax replacement fund to the county undivided income tax | 40522 |
fund in the proper county treasury one-half of the fixed-sum levy | 40523 |
loss so certified for each year on or before each of the days | 40524 |
prescribed for the settlements under divisions (A) and (C) of | 40525 |
section 321.24 of the Revised Code. The county treasurer shall | 40526 |
distribute the amounts to the proper school district or joint | 40527 |
vocational school district as if they had been levied and | 40528 |
collected as taxes, and the district shall apportion the amounts | 40529 |
so received among its funds in the same proportions as if those | 40530 |
amounts had been levied and collected as taxes. | 40531 |
(2) Beginning in 2003, by the thirty-first day of January of | 40532 |
each year, the tax commissioner shall review the certification | 40533 |
originally made under division (E)(1) of this section. If the | 40534 |
commissioner determines that a fixed-sum levy that had been | 40535 |
scheduled to be reimbursed in the current year has expired, a | 40536 |
revised certification for that and all subsequent years shall be | 40537 |
made to the director of budget and management. | 40538 |
(F) By August 5, 2002, the tax commissioner shall estimate | 40539 |
the amount of money in the school district property tax | 40540 |
replacement fund in excess of the amount necessary to make | 40541 |
payments in that month under divisions (C), (D), and (E) of this | 40542 |
section. Notwithstanding division (C) of this section, the | 40543 |
department of education, in consultation with the tax commissioner | 40544 |
and from those excess funds, may pay any school district four and | 40545 |
one-half times the amount certified under division (A)(2) of this | 40546 |
section. Payments shall be made in order from the smallest annual | 40547 |
loss to the largest annual loss. A payment made under this | 40548 |
division shall be in lieu of the payment to be made in August 2002 | 40549 |
under division (C)(2) of this section. No payments shall be made | 40550 |
in the manner established in this division to any school district | 40551 |
with annual losses from permanent improvement fixed-rate levies in | 40552 |
excess of twenty thousand dollars, or annual losses from any other | 40553 |
fixed-rate levies in excess of twenty thousand dollars. A school | 40554 |
district receiving a payment under this division is no longer | 40555 |
entitled to any further payments under division (C) of this | 40556 |
section. | 40557 |
(G) On the thirty-first day of July of 2003, 2004, 2005, and | 40558 |
2006, and on the thirty-first day of January and July of 2007 and | 40559 |
each year thereafter, if the amount credited to the school | 40560 |
district property tax replacement fund exceeds the amount needed | 40561 |
to make payments from the fund under divisions (C), (D), and (E) | 40562 |
of this section in the following month, the director of budget and | 40563 |
management shall distribute the excess among school districts and | 40564 |
joint vocational school districts. The amount distributed to each | 40565 |
district shall bear the same proportion to the excess remaining in | 40566 |
the fund as the ADM of the district bears to the ADM of all of the | 40567 |
districts. For the purpose of this division, "ADM" means the | 40568 |
formula ADM in the case of a school district, and the average | 40569 |
daily membership reported under section 3317.03 of the Revised | 40570 |
Code in the case of a joint vocational school district. | 40571 |
If, in the opinion of the director of budget and management, | 40572 |
the excess remaining in the school district property tax | 40573 |
replacement fund in any year is not sufficient to warrant | 40574 |
distribution under this division, the excess shall remain to the | 40575 |
credit of the fund. | 40576 |
Amounts received by a school district or joint vocational | 40577 |
school district under this division shall be used exclusively for | 40578 |
capital improvements. | 40579 |
(H) If the total amount in the school district property tax | 40580 |
replacement fund is insufficient to make all payments under | 40581 |
divisions (C), (D), and (E) of this section, the payments required | 40582 |
under division (E) of this section shall be made first in their | 40583 |
entirety. After all payments are made under division (E) of this | 40584 |
section, payments under divisions (C) and (D) of this section | 40585 |
shall be made from the balance of money available in the | 40586 |
proportion of each school district's or joint vocational school | 40587 |
district's payment amount to the total amount of payments under | 40588 |
divisions (C) and (D) of this section. | 40589 |
(I) If all or a part of the territory of a school district | 40590 |
or joint vocational school district is merged with or transferred | 40591 |
to another district, the tax commissioner shall adjust the | 40592 |
payments made under this section to each of the districts in | 40593 |
proportion to the tax value loss apportioned to the merged or | 40594 |
transferred territory. | 40595 |
(J) There is hereby created the public utility property tax | 40596 |
study committee, effective January 1, 2011. The committee shall | 40597 |
consist of the following seven members: the tax commissioner, | 40598 |
three members of the senate appointed by the president of the | 40599 |
senate, and three members of the house of representatives | 40600 |
appointed by the speaker of the house of representatives. The | 40601 |
appointments shall be made not later than January 31, 2011. The | 40602 |
tax commissioner shall be the chairperson of the committee. | 40603 |
The committee shall study the extent to which each school | 40604 |
district or joint vocational school district has been compensated, | 40605 |
under sections 5727.84 and 5727.85 of the Revised Code as enacted | 40606 |
by Substitute Senate Bill No. 3 of the 123rd general assembly and | 40607 |
any subsequent acts, for the property tax loss caused by the | 40608 |
reduction in the assessment rates for natural gas, electric, and | 40609 |
rural electric company tangible personal property. Not later than | 40610 |
June 30, 2011, the committee shall issue a report of its findings, | 40611 |
including any recommendations for providing additional | 40612 |
compensation for the property tax loss or regarding remedial | 40613 |
legislation, to the president of the senate and the speaker of the | 40614 |
house of representatives, at which time the committee shall cease | 40615 |
to exist. | 40616 |
The department of taxation and department of education shall | 40617 |
provide such information and assistance as is required for the | 40618 |
committee to carry out its duties. | 40619 |
Sec. 5728.08. Except as provided in section 5728.03 of the | 40620 |
Revised Code and except as otherwise provided in this section, | 40621 |
whoever is liable for the payment of the tax levied by section | 40622 |
5728.06 of the Revised Code, on or before the last day of each | 40623 |
January, April, July, and October, shall file with the
| 40624 |
40625 | |
commissioner, a highway use tax return and make payment of the | 40626 |
full amount of the tax due for the operation of each commercial | 40627 |
car and commercial tractor for the next preceding three calendar | 40628 |
months. If the commercial cars or commercial tractors are farm | 40629 |
trucks and the amount of motor fuel used to operate the trucks | 40630 |
during the next preceding twelve calendar months was less than | 40631 |
fifteen thousand gallons, the highway use tax return shall be | 40632 |
filed and the full amount of tax due paid on or before the last | 40633 |
day of each July for the next preceding twelve calendar months. If | 40634 |
the commercial cars or commercial tractors are farm trucks and the | 40635 |
amount of motor fuel used to operate the trucks during the next | 40636 |
preceding twelve calendar months was fifteen thousand gallons or | 40637 |
more, the highway use tax return shall be filed and the full | 40638 |
amount of the tax due paid either on or before the last day of | 40639 |
each July for the next preceding twelve calendar months, or on or | 40640 |
before the last day of each January, April, July, and October for | 40641 |
the next preceding three calendar months, at the option of the | 40642 |
person liable for payment of the tax. If the commercial cars or | 40643 |
commercial tractors are not farm trucks, and if, in the estimation | 40644 |
of the tax commissioner, the amount of the tax due does not | 40645 |
warrant quarterly filing, the commissioner may authorize the | 40646 |
filing of the highway use tax return and payment of the full | 40647 |
amount due on or before the last day of each July for the next | 40648 |
preceding twelve months. | 40649 |
| 40650 |
40651 | |
40652 | |
40653 | |
tax commissioner shall immediately forward to the treasurer of | 40654 |
state all money received from the tax levied by section 5728.06 of | 40655 |
the Revised Code. | 40656 |
The treasurer of state shall place to the credit of the tax | 40657 |
refund fund created by section 5703.052 of the Revised Code, out | 40658 |
of receipts from the taxes levied by section 5728.06 of the | 40659 |
Revised Code, amounts equal to the refund certified by the tax | 40660 |
commissioner pursuant to section 5728.061 of the Revised Code. | 40661 |
Receipts from the tax shall be used by the tax commissioner to | 40662 |
defray expenses incurred by the department of taxation in | 40663 |
administering sections 5728.01 to 5728.14 of the Revised Code. | 40664 |
All moneys received in the state treasury from taxes levied | 40665 |
by section 5728.06 of the Revised Code and fees assessed under | 40666 |
sections 5728.02 and 5728.03 of the Revised Code which are not | 40667 |
required to be placed to the credit of the tax refund fund as | 40668 |
provided by this section shall, during each calendar year, be | 40669 |
credited to the highway improvement bond retirement fund created | 40670 |
by section 5528.12 of the Revised Code until the commissioners of | 40671 |
the sinking fund certify to the treasurer of state, as required by | 40672 |
section 5528.17 of the Revised Code, that there are sufficient | 40673 |
moneys to the credit of the highway improvement bond retirement | 40674 |
fund to meet in full all payments of interest, principal, and | 40675 |
charges for the retirement of bonds and other obligations issued | 40676 |
pursuant to Section 2g of Article VIII, Ohio Constitution, and | 40677 |
sections 5528.10 and 5528.11 of the Revised Code due and payable | 40678 |
during the current calendar year and during the next succeeding | 40679 |
calendar year. From the date of the receipt of the certification | 40680 |
required by section 5528.17 of the Revised Code by the treasurer | 40681 |
of state until the thirty-first day of December of the calendar | 40682 |
year in which the certification is made, all moneys received in | 40683 |
the state treasury from taxes levied under section 5728.06 of the | 40684 |
Revised Code and fees assessed under sections 5728.02 and 5728.03 | 40685 |
of the Revised Code which are not required to be placed to the | 40686 |
credit of the tax refund fund as provided by this section shall be | 40687 |
credited to the highway obligations bond retirement fund created | 40688 |
by section 5528.32 of the Revised Code until the commissioners of | 40689 |
the sinking fund certify to the treasurer of state, as required by | 40690 |
section 5528.38 of the Revised Code, that there are sufficient | 40691 |
moneys to the credit of the highway obligations bond retirement | 40692 |
fund to meet in full all payments of interest, principal, and | 40693 |
charges for the retirement of bonds and other obligations issued | 40694 |
pursuant to Section 2i of Article VIII, Ohio Constitution, and | 40695 |
sections 5528.30 and 5528.31 of the Revised Code due and payable | 40696 |
during the current calendar year and during the next succeeding | 40697 |
calendar year. From the date of the receipt of the certification | 40698 |
required by section 5528.38 of the Revised Code by the treasurer | 40699 |
of state until the thirty-first day of December of the calendar | 40700 |
year in which the certification is made, all moneys received in | 40701 |
the state treasury from taxes levied under section 5728.06 of the | 40702 |
Revised Code and fees assessed under sections 5728.02 and 5728.03 | 40703 |
of the Revised Code which are not required to be placed to the | 40704 |
credit of the tax refund fund as provided by this section shall be | 40705 |
credited to the highway operating fund created by section 5735.291 | 40706 |
of the Revised Code, except as provided by the next succeeding | 40707 |
paragraph of this section. | 40708 |
From the date of the receipt by the treasurer of state of | 40709 |
certifications from the commissioners of the sinking fund, as | 40710 |
required by sections 5528.18 and 5528.39 of the Revised Code, | 40711 |
certifying that the moneys to the credit of the highway | 40712 |
improvement bond retirement fund are sufficient to meet in full | 40713 |
all payments of interest, principal, and charges for the | 40714 |
retirement of all bonds and other obligations which may be issued | 40715 |
pursuant to Section 2g of Article VIII, Ohio Constitution, and | 40716 |
sections 5528.10 and 5528.11 of the Revised Code, and to the | 40717 |
credit of the highway obligations bond retirement fund are | 40718 |
sufficient to meet in full all payments of interest, principal, | 40719 |
and charges for the retirement of all obligations issued pursuant | 40720 |
to Section 2i of Article VIII, Ohio Constitution, and sections | 40721 |
5528.30 and 5528.31 of the Revised Code, all moneys received in | 40722 |
the state treasury from the taxes levied under section 5728.06 and | 40723 |
fees assessed under sections 5728.02 and 5728.03 of the Revised | 40724 |
Code, which are not required to be placed to the credit of the tax | 40725 |
refund fund as provided by this section, shall be deposited to the | 40726 |
credit of the highway operating fund. | 40727 |
As used in this section, "farm truck" means any commercial | 40728 |
car or commercial tractor that is registered as a farm truck under | 40729 |
Chapter 4503. of the Revised Code. | 40730 |
Sec. 5729.07. As used in this section: | 40731 |
(A) "Eligible employee" and "eligible training costs" have | 40732 |
the same meanings as in section 5733.42 of the Revised Code. | 40733 |
(B) "Credit period" means the calendar year ending on the | 40734 |
thirty-first day of December next preceding the day the annual | 40735 |
statement is required to be returned under section 5729.02 of the | 40736 |
Revised Code. | 40737 |
There is hereby allowed a nonrefundable credit against the | 40738 |
tax imposed under this chapter for a foreign insurance company for | 40739 |
which a tax credit certificate is issued under section 5733.42 of | 40740 |
the Revised Code. The credit may be claimed for credit periods | 40741 |
beginning on or after January 1,
| 40742 |
before
December 31,
| 40743 |
equal one-half of the average of the eligible training costs paid | 40744 |
or incurred by the company during the three calendar years | 40745 |
| 40746 |
which the credit is claimed, not to exceed one thousand dollars | 40747 |
for each eligible employee on account of whom eligible training | 40748 |
costs were paid or incurred by the company. The credit claimed by | 40749 |
a company for each credit period shall not exceed one hundred | 40750 |
thousand dollars. | 40751 |
If, on or before June 30, 2001, a company had properly filed | 40752 |
an application for the credit period ending on December 31, 2001, | 40753 |
or December 31, 2002, as provided in division (C) of section | 40754 |
5733.42 of the Revised Code, the director of job and family | 40755 |
services may authorize a credit for that credit period subject to | 40756 |
the limitations and requirements of this section and section | 40757 |
5733.42 of the Revised Code, but the tax credit certificate issued | 40758 |
for that period may be applied only to the company's tax liability | 40759 |
for business done in this state during calendar year 2003. The | 40760 |
credit claimed by such a company shall be computed in the manner | 40761 |
prescribed by this section; is subject to the limitations of this | 40762 |
section on the amount of the credit for each eligible employee and | 40763 |
for each credit period; and shall be in addition to any credit | 40764 |
claimed by the company under this section for the credit period | 40765 |
beginning on January 1, 2003, and, for the purpose of the | 40766 |
limitation on the amount of the credit that may be claimed by a | 40767 |
company for a credit period, the credit claimed for the credit | 40768 |
period ending on December 31, 2001, or December 31, 2002, shall | 40769 |
not be considered as being claimed for the credit period beginning | 40770 |
on January 1, 2003. | 40771 |
A foreign insurance company shall apply to the director of | 40772 |
job and family services for a tax credit certificate in the manner | 40773 |
prescribed by division (C) of section 5733.42 of the Revised Code. | 40774 |
Divisions (C) to (H) of that section govern the tax credit allowed | 40775 |
by this section, except that "credit period" shall be substituted | 40776 |
for "tax year with respect to a calendar year" wherever that | 40777 |
phrase appears in those divisions and that the company shall be | 40778 |
considered a taxpayer for the purposes of those divisions. | 40779 |
A foreign insurance company may carry forward the credit | 40780 |
allowed under this section to the extent that the credit exceeds | 40781 |
the company's tax due for the credit period. The company may | 40782 |
carry the excess credit forward for three credit periods following | 40783 |
the credit period for which the credit is first claimed under this | 40784 |
section. The credit allowed by this section is in addition to any | 40785 |
credit allowed under section 5729.031 of the Revised Code. | 40786 |
The reduction in the tax due under this chapter to the extent | 40787 |
of the credit allowed by this section does not increase the amount | 40788 |
of the tax otherwise due under section 5729.06 of the Revised | 40789 |
Code. | 40790 |
Sec. 5731.21. (A)(1)(a) Except as provided under division | 40791 |
(A)(3) of this section, the executor or administrator, or, if no | 40792 |
executor or administrator has been appointed, another person in | 40793 |
possession of property the transfer of which is subject to estate | 40794 |
taxes under section 5731.02 or division (A) of section 5731.19 of | 40795 |
the Revised Code, shall file an estate tax return, within nine | 40796 |
months of the date of the decedent's death, in the form prescribed | 40797 |
by the tax commissioner, in duplicate, with the probate court of | 40798 |
the county. The return shall include all property the transfer of | 40799 |
which is subject to estate taxes, whether that property is | 40800 |
transferred under the last will and testament of the decedent or | 40801 |
otherwise. The time for filing the return may be extended by the | 40802 |
tax commissioner. | 40803 |
(b) The estate tax return described in division (A)(1)(a) of | 40804 |
this section shall be accompanied by a certificate, in the form | 40805 |
prescribed by the tax commissioner, that is signed by the | 40806 |
executor, administrator, or other person required to file the | 40807 |
return, and that states all of the following: | 40808 |
(i) The fact that the return was filed; | 40809 |
(ii) The date of the filing of the return; | 40810 |
(iii) The fact that the estate taxes under section 5731.02 | 40811 |
or division (A) of section 5731.19 of the Revised Code, that are | 40812 |
shown to be due in the return, have been paid in full; | 40813 |
(iv) If applicable, the fact that real property listed in | 40814 |
the inventory for the decedent's estate is included in the return; | 40815 |
(v) If applicable, the fact that real property not listed in | 40816 |
the inventory for the decedent's estate, including, but not | 40817 |
limited to, survivorship tenancy property as described in section | 40818 |
5302.17 of the Revised Code or transfer on death property as | 40819 |
described in sections 5302.22 and 5302.23 of the Revised Code, | 40820 |
also is included in the return. In this regard, the certificate | 40821 |
additionally shall describe that real property by the same | 40822 |
description used in the return. | 40823 |
(2) The probate court shall forward one copy of the estate | 40824 |
tax return described in division (A)(1)(a) of this section to the | 40825 |
tax commissioner. | 40826 |
(3) A person may, but shall not be required to, file a | 40827 |
return under division (A) of this section if the decedent was a | 40828 |
resident of this state and the value of the decedent's gross | 40829 |
estate is twenty-five thousand dollars or less in the case of a | 40830 |
decedent dying on or after July 1, 1968, but before January 1, | 40831 |
2001; two hundred thousand dollars or less in the case of a | 40832 |
decedent dying on or after January 1, 2001, but before January 1, | 40833 |
2002; or three hundred thirty-eight thousand three hundred | 40834 |
thirty-three dollars or less in the case of a decedent dying on or | 40835 |
after January 1, 2002. If a probate court issues an order that | 40836 |
grants a summary release from administration in connection with a | 40837 |
decedent's estate under section 2113.031 of the Revised Code, that | 40838 |
order eliminates the duty of all persons to file an estate tax | 40839 |
return and certificate under divisions (A)(1)(a) and (b) of this | 40840 |
section with respect to the estate for which the order was | 40841 |
granted. | 40842 |
(4)(a) Upon receipt of the estate tax return described in | 40843 |
division (A)(1)(a) of this section and the accompanying | 40844 |
certificate described in division (A)(1)(b) of this section, the | 40845 |
probate court promptly shall give notice of the return, by a form | 40846 |
prescribed by the tax commissioner, to the county auditor. The | 40847 |
auditor then shall make a charge based upon the notice and shall | 40848 |
certify a duplicate of the charge to the county treasurer. The | 40849 |
treasurer then shall collect, subject to division (A) of section | 40850 |
5731.25 of the Revised Code or any other statute extending the | 40851 |
time for payment of an estate tax, the tax so charged. | 40852 |
(b) Upon receipt of the return and the accompanying | 40853 |
certificate, the probate court also shall forward the certificate | 40854 |
to the auditor. When satisfied that the estate taxes under | 40855 |
section 5731.02 or division (A) of section 5731.19 of the Revised | 40856 |
Code, that are shown to be due in the return, have been paid in | 40857 |
full, the auditor shall stamp the certificate so forwarded to | 40858 |
verify that payment. The auditor then shall return the stamped | 40859 |
certificate to the probate court. | 40860 |
(5)(a) The certificate described in division (A)(1)(b) of | 40861 |
this section is a public record subject to inspection and copying | 40862 |
in accordance with section 149.43 of the Revised Code. It shall | 40863 |
be kept in the records of the probate court pertaining to the | 40864 |
decedent's estate and is not subject to the confidentiality | 40865 |
provisions of section 5731.90 of the Revised Code. | 40866 |
(b) All persons are entitled to rely on the statements | 40867 |
contained in a certificate as described in division (A)(1)(b) of | 40868 |
this section if it has been filed in accordance with that | 40869 |
division, forwarded to a county auditor and stamped in accordance | 40870 |
with division (A)(4) of this section, and placed in the records of | 40871 |
the probate court pertaining to the decedent's estate in | 40872 |
accordance with division (A)(5)(a) of this section. The real | 40873 |
property referred to in the certificate shall be free of, and may | 40874 |
be regarded by all persons as being free of, any lien for estate | 40875 |
taxes under section 5731.02 and division (A) of section 5731.19 of | 40876 |
the Revised Code. | 40877 |
(B) An estate tax return filed under this section, in the | 40878 |
form prescribed by the tax commissioner, and showing that no | 40879 |
estate tax is due shall result in a determination that no estate | 40880 |
tax is due, if the tax commissioner within three months after the | 40881 |
receipt of the return by the department of taxation, fails to file | 40882 |
exceptions to the return in the probate court of the county in | 40883 |
which the return was filed. A copy of exceptions to a return of | 40884 |
that nature, when the tax commissioner files them within that | 40885 |
period, shall be sent by ordinary mail to the person who filed the | 40886 |
return. The tax commissioner is not bound under this division by | 40887 |
a determination that no estate tax is due, with respect to | 40888 |
property not disclosed in the return. | 40889 |
(C) If the executor, administrator, or other person required | 40890 |
to file an estate tax return fails to file it within nine months | 40891 |
of the date of the decedent's death, the tax commissioner may | 40892 |
determine the estate tax in that estate and issue a certificate of | 40893 |
determination in the same manner as is provided in division (B) of | 40894 |
section 5731.27 of the Revised Code. A certificate of | 40895 |
determination of that nature has the same force and effect as | 40896 |
though a return had been filed and a certificate of determination | 40897 |
issued with respect to the return. | 40898 |
Sec. 5733.02. Annually, between the first day of January and | 40899 |
the thirty-first day of March or on or before the date as extended | 40900 |
under section 5733.13 of the Revised Code, each taxpayer shall | 40901 |
make a report in writing to
the
| 40902 |
commissioner in such form as the tax commissioner prescribes, and | 40903 |
shall remit to the
| 40904 |
remittance made payable to the treasurer of state, the amount of | 40905 |
the tax as shown to be due by such report less the amount paid for | 40906 |
the year on a declaration of estimated tax report filed by the | 40907 |
taxpayer as provided by section 5733.021 of the Revised Code. | 40908 |
Remittance shall be made in the form
prescribed by the
| 40909 |
40910 | |
required by
section 5733.022 of the Revised Code.
| 40911 |
40912 | |
40913 | |
40914 | |
40915 |
The commissioner shall furnish corporations, on request, | 40916 |
copies of the forms prescribed by the commissioner for the purpose | 40917 |
of making such report. A domestic corporation shall not dissolve, | 40918 |
and a foreign corporation shall not withdraw or retire from | 40919 |
business in Ohio, on or after the first day of January in any year | 40920 |
without making a franchise tax report to the commissioner and | 40921 |
paying or securing the tax charged for the year in which such | 40922 |
dissolution or withdrawal occurs. | 40923 |
The annual corporation report shall be signed by the | 40924 |
president, vice-president, secretary, treasurer, general manager, | 40925 |
superintendent, or managing agent in this state of such | 40926 |
corporation. If a domestic corporation has not completed its | 40927 |
organization, its annual report shall be signed by one of its | 40928 |
incorporators. | 40929 |
The report shall contain the facts, figures, computations, | 40930 |
and attachments that result in the tax charged by this chapter and | 40931 |
determined in the manner provided within the chapter. | 40932 |
Sec. 5733.021. (A) Each taxpayer which does not in the | 40933 |
month of January file the report and make the payment required by | 40934 |
section 5733.02 of the Revised Code shall make and file a | 40935 |
declaration of estimated tax report for the tax year. | 40936 |
The declaration of estimated tax report shall be filed with | 40937 |
the
| 40938 |
of January in such form as prescribed by the tax commissioner, and | 40939 |
shall reflect an estimate of the total amount due under this | 40940 |
chapter for the tax year. | 40941 |
(B) A taxpayer required to file a declaration of estimated | 40942 |
tax report shall make remittance of such estimated tax to the | 40943 |
| 40944 |
(1) The entire estimated tax at the time of filing the | 40945 |
declaration of estimated tax report, if such estimated tax is not | 40946 |
in excess of the minimum tax as provided in section 5733.06 of the | 40947 |
Revised Code; | 40948 |
(2) If the estimated tax is in excess of the minimum tax: | 40949 |
(a) One-third of the estimated tax at the time of filing the | 40950 |
declaration of estimated tax report; | 40951 |
(b) Two-thirds of the estimated tax on or before the last | 40952 |
day of March of the tax year, unless the report and payment | 40953 |
required by section 5733.02 of the Revised Code
| 40954 |
paid
on or before the last day of March of the tax year | 40955 |
(3) If the estimated tax due is in excess of the minimum | 40956 |
tax, and an extension of time for filing the report required by | 40957 |
section 5733.02 of the Revised Code has been granted pursuant to | 40958 |
section 5733.13 of the Revised Code | 40959 |
(a) One-third of the estimated tax at the time of filing the | 40960 |
declaration of estimated tax report; | 40961 |
(b) One-third of the estimated tax on or before the last day | 40962 |
of March of the tax year; | 40963 |
(c) One-third of the estimated tax on or before the last day | 40964 |
of May of the tax year, unless the report and payments required by | 40965 |
section 5733.02 of the Revised Code are filed and paid on or | 40966 |
before the last day of May of the tax year. | 40967 |
Remittance of the estimated tax shall be made payable to the | 40968 |
treasurer of state and shall be made in the form prescribed by the | 40969 |
| 40970 |
transfer if required by section 5733.022 of the Revised Code. | 40971 |
The tax commissioner shall immediately forward to the | 40972 |
treasurer of state all amounts received under this section, and | 40973 |
the treasurer of state shall credit all payments of such estimated | 40974 |
tax as provided in section 5733.12 of the Revised Code | 40975 |
40976 | |
40977 | |
40978 |
Sec. 5733.053. (A) As used in this section: | 40979 |
(1) "Transfer" means a transaction or series of related | 40980 |
transactions in which a corporation directly or indirectly | 40981 |
transfers or distributes substantially all of its assets or equity | 40982 |
to another corporation, if the transfer or distribution qualifies | 40983 |
for nonrecognition of gain or loss under the Internal Revenue | 40984 |
Code. | 40985 |
(2) "Transferor" means a corporation that has made a | 40986 |
transfer. | 40987 |
(3) "Transferee" means a corporation that received | 40988 |
substantially all of the assets or equity of a transferor in a | 40989 |
transfer. | 40990 |
(B)
| 40991 |
for purposes of valuing its issued and outstanding shares of stock | 40992 |
under division (B) of section 5733.05 of the Revised Code, a | 40993 |
transferee shall add to its net income allocated or apportioned to | 40994 |
this state its transferor's net income allocated or apportioned to | 40995 |
this state. The transferee shall add such income in computing its | 40996 |
tax for the same tax year or years that such income would have | 40997 |
been reported by the transferor if the transfer had not been made. | 40998 |
The transferee shall add such income only to the extent the income | 40999 |
is not required to be reported by the transferor for the purposes | 41000 |
of the tax imposed by divisions (A) and (B) of section 5733.06 of | 41001 |
the Revised Code. | 41002 |
(C) The following shall be determined in the same manner as | 41003 |
if the transfer had not been made: | 41004 |
(1) The transferor's net income allocated or apportioned to | 41005 |
this state for the tax year under divisions (B)(1) and (2) of | 41006 |
section 5733.05 of the Revised Code; | 41007 |
(2) The transferor's requirements for the combination of net | 41008 |
income under section 5733.052 of the Revised Code; | 41009 |
(3) Any other determination regarding the transferor that is | 41010 |
necessary to avoid an absurd or unreasonable result in the | 41011 |
application of this chapter. | 41012 |
(D) A transferee shall be allowed the following credits and | 41013 |
shall make the following adjustments in the same manner that they | 41014 |
would have been available to the transferor: | 41015 |
(1) The credits enumerated in section 5733.98 of the | 41016 |
Revised Code; | 41017 |
(2) The deduction under division (I)(1) of section 5733.04 | 41018 |
of the Revised Code for net operating losses incurred by its | 41019 |
transferor, subject to the limitations set forth in sections 381 | 41020 |
and 382 of the Internal Revenue Code concerning net operating loss | 41021 |
carryovers; | 41022 |
(3) Any other deduction from or addition to net income under | 41023 |
this chapter involving the transferor, the disallowance of which | 41024 |
would be absurd or unreasonable. Such adjustments to net income | 41025 |
and allowance of credits shall be subject to the limitations set | 41026 |
forth in sections 381 and 382 of the Internal Revenue Code and | 41027 |
regulations prescribed thereunder. | 41028 |
(E) If a transferee subject to this section subsequently | 41029 |
becomes a transferor, any net income that the transferee would | 41030 |
have been required to add under division (B) of this section shall | 41031 |
be included in its income as a transferor and any credits or | 41032 |
adjustments to which the transferee would have been entitled | 41033 |
under division (D) of this section shall be available to it as a | 41034 |
transferor. | 41035 |
(F) The amendments made to this section by Am. Sub. S.B. | 41036 |
287 of the 123rd general assembly do not apply to any transfer for | 41037 |
which negotiations began prior to January 1, 2001, and that was | 41038 |
commenced in and completed during calendar year 2001, unless the | 41039 |
transferee makes an election prior to December 31, 2001, to apply | 41040 |
the section. | 41041 |
Sec. 5733.056. (A) As used in this section: | 41042 |
(1) "Billing address" means the address where any notice, | 41043 |
statement, or bill relating to a customer's account is mailed, as | 41044 |
indicated in the books and records of the taxpayer on the first | 41045 |
day of the taxable year or on such later date in the taxable year | 41046 |
when the customer relationship began. | 41047 |
(2) "Borrower or credit card holder located in this state" | 41048 |
means: | 41049 |
(a) A borrower, other than a credit card holder, that is | 41050 |
engaged in a trade or business and maintains its commercial | 41051 |
domicile in this state; or | 41052 |
(b) A borrower that is not engaged in a trade or business, | 41053 |
or a credit card holder, whose billing address is in this state. | 41054 |
(3) "Branch" means a "domestic branch" as defined in section | 41055 |
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. | 41056 |
1813(o), as amended. | 41057 |
(4) "Compensation" means wages, salaries, commissions, and | 41058 |
any other form of remuneration paid to employees for personal | 41059 |
services that are included in such employee's gross income under | 41060 |
the Internal Revenue Code. In the case of employees not subject | 41061 |
to the Internal Revenue Code, such as those employed in foreign | 41062 |
countries, the determination of whether such payments would | 41063 |
constitute gross income to such employees under the Internal | 41064 |
Revenue Code shall be made as though such employees were subject | 41065 |
to the Internal Revenue Code. | 41066 |
(5) "Credit card" means a credit, travel, or entertainment | 41067 |
card. | 41068 |
(6) "Credit card issuer's reimbursement fee" means the fee a | 41069 |
taxpayer receives from a merchant's bank because one of the | 41070 |
persons to whom the taxpayer has issued a credit card has charged | 41071 |
merchandise or services to the credit card. | 41072 |
(7) "Deposits" has the meaning given in section 3 of the | 41073 |
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1), | 41074 |
as amended. | 41075 |
(8) "Employee" means, with respect to a particular taxpayer, | 41076 |
any individual who under the usual common law rules applicable in | 41077 |
determining the employer-employee relationship, has the status of | 41078 |
an employee of that taxpayer. | 41079 |
(9) "Gross rents" means the actual sum of money or other | 41080 |
consideration payable for the use or possession of property. | 41081 |
"Gross rents" includes: | 41082 |
(a) Any amount payable for the use or possession of real | 41083 |
property or tangible personal property whether designated as a | 41084 |
fixed sum of money or as a percentage of receipts, profits, or | 41085 |
otherwise; | 41086 |
(b) Any amount payable as additional rent or in lieu of | 41087 |
rent, such as interest, taxes, insurance, repairs, or any other | 41088 |
amount required to be paid by the terms of a lease or other | 41089 |
arrangement; and | 41090 |
(c) A proportionate part of the cost of any improvement to | 41091 |
real property made by or on behalf of the taxpayer which reverts | 41092 |
to the owner or lessor upon termination of a lease or other | 41093 |
arrangement. The amount to be included in gross rents is the | 41094 |
amount of amortization or depreciation allowed in computing the | 41095 |
taxable income base for the taxable year. However, where a | 41096 |
building is erected on leased land, by or on behalf of the | 41097 |
taxpayer, the value of the land is determined by multiplying the | 41098 |
gross rent by eight, and the value of the building is determined | 41099 |
in the same manner as if owned by the taxpayer. | 41100 |
(d) The following are not included in the term "gross | 41101 |
rents": | 41102 |
(i) Reasonable amounts payable as separate charges for water | 41103 |
and electric service furnished by the lessor; | 41104 |
(ii) Reasonable amounts payable as service charges for | 41105 |
janitorial services furnished by the lessor; | 41106 |
(iii) Reasonable amounts payable for storage, provided such | 41107 |
amounts are payable for space not designated and not under the | 41108 |
control of the taxpayer; and | 41109 |
(iv) That portion of any rental payment which is applicable | 41110 |
to the space subleased from the taxpayer and not used by it. | 41111 |
(10) "Loan" means any extension of credit resulting from | 41112 |
direct negotiations between the taxpayer and its customer, or the | 41113 |
purchase, in whole or in part, of such extension of credit from | 41114 |
another. Loans include debt obligations of subsidiaries, | 41115 |
participations, syndications, and leases treated as loans for | 41116 |
federal income tax purposes. "Loan" does not include: properties | 41117 |
treated as loans under section 595 of the Internal Revenue Code; | 41118 |
futures or forward contracts; options; notional principal | 41119 |
contracts such as swaps; credit card receivables, including | 41120 |
purchased credit card relationships; non-interest bearing balances | 41121 |
due from depositor institutions; cash items in the process of | 41122 |
collection; federal funds sold; securities purchased under | 41123 |
agreements to resell; assets held in a trading account; | 41124 |
securities; interests in a real estate mortgage investment conduit | 41125 |
or other mortgage-backed or asset-backed security; and other | 41126 |
similar items. | 41127 |
(11) "Loan secured by real property" means that fifty per | 41128 |
cent or more of the aggregate value of the collateral used to | 41129 |
secure a loan or other obligation, when valued at fair market | 41130 |
value as of the time the original loan or obligation was incurred, | 41131 |
was real property. | 41132 |
(12) "Merchant discount" means the fee, or negotiated | 41133 |
discount, charged to a merchant by the taxpayer for the privilege | 41134 |
of participating in a program whereby a credit card is accepted in | 41135 |
payment for merchandise or services sold to the card holder. | 41136 |
(13) "Participation" means an extension of credit in which an | 41137 |
undivided ownership interest is held on a pro rata basis in a | 41138 |
single loan or pool of loans and related collateral. In a loan | 41139 |
participation, the credit originator initially makes the loan and | 41140 |
then subsequently resells all or a portion of it to other lenders. | 41141 |
The participation may or may not be known to the borrower. | 41142 |
(14) "Principal base of operations" with respect to | 41143 |
transportation property means the place of more or less permanent | 41144 |
nature from which the property is regularly directed or | 41145 |
controlled. With respect to an employee, the "principal base of | 41146 |
operations" means the place of more or less permanent nature from | 41147 |
which the employee regularly (a) starts work and to which the | 41148 |
employee customarily returns in order to receive instructions from | 41149 |
the employer or (b) communicates with the employee's customers or | 41150 |
other persons or (c) performs any other functions necessary to the | 41151 |
exercise of the trade or profession at some other point or points. | 41152 |
(15) "Qualified institution" means a financial institution | 41153 |
that on or after June 1, 1997: | 41154 |
(a)(i) Has consummated one or more approved transactions | 41155 |
with insured banks with different home states that would qualify | 41156 |
under section 102 of the "Riegle-Neal Interstate Banking and | 41157 |
Branching Efficiency Act of
1994," Public Law 103-328, 108
| 41158 |
Stat. 2338; | 41159 |
(ii) Is a federal savings association or federal savings | 41160 |
bank that has consummated one or more interstate acquisitions that | 41161 |
result in a financial institution that has branches in more than | 41162 |
one state; or | 41163 |
(iii) Has consummated one or more approved interstate | 41164 |
acquisitions under authority of Title XI of the Revised Code that | 41165 |
result in a financial institution that has branches in more than | 41166 |
one state; and | 41167 |
(b) Has at least ten per cent of its deposits in this state | 41168 |
as of the last day of June prior to the beginning of the tax year. | 41169 |
(16) "Real property owned" and "tangible personal property | 41170 |
owned" mean real and tangible personal property, respectively, on | 41171 |
which the taxpayer may claim depreciation for federal income tax | 41172 |
purposes, or to which the taxpayer holds legal title and on which | 41173 |
no other person may claim depreciation for federal income tax | 41174 |
purposes, or could claim depreciation if subject to federal income | 41175 |
tax. Real and tangible personal property do not include coin, | 41176 |
currency, or property acquired in lieu of or pursuant to a | 41177 |
foreclosure. | 41178 |
(17) "Regular place of business" means an office at which the | 41179 |
taxpayer carries on its business in a regular and systematic | 41180 |
manner and which is continuously maintained, occupied, and used by | 41181 |
employees of the taxpayer. | 41182 |
(18) "State" means a state of the United States, the District | 41183 |
of Columbia, the commonwealth of Puerto Rico, or any territory or | 41184 |
possession of the United States. | 41185 |
(19) "Syndication" means an extension of credit in which two | 41186 |
or more persons fund and each person is at risk only up to a | 41187 |
specified percentage of the total extension of credit or up to a | 41188 |
specified dollar amount. | 41189 |
(20) "Transportation property" means vehicles and vessels | 41190 |
capable of moving under their own power, such as aircraft, trains, | 41191 |
water vessels and motor vehicles, as well as any equipment or | 41192 |
containers attached to such property, such as rolling stock, | 41193 |
barges, trailers, or the like. | 41194 |
(B) The annual financial institution report determines the | 41195 |
value of the issued and outstanding shares of stock of the | 41196 |
taxpayer, and is the base or measure of the franchise tax | 41197 |
liability. Such determination shall be made as of the date shown | 41198 |
by the report to have been the beginning of the financial | 41199 |
institution's annual accounting period that includes the first day | 41200 |
of January of the tax year. For purposes of this section, | 41201 |
division (A) of section 5733.05, and division (D) of section | 41202 |
5733.06 of the Revised Code, the value of the issued and | 41203 |
outstanding shares of stock of the financial institution shall | 41204 |
include the total value, as shown by the books of the financial | 41205 |
institution, of its capital, surplus, whether earned or unearned, | 41206 |
undivided profits, and reserves, but exclusive of: | 41207 |
(1) Reserves for accounts receivable, depreciation, | 41208 |
depletion, and any other valuation reserves with respect to | 41209 |
specific assets; | 41210 |
(2) Taxes due and payable during the year for which such | 41211 |
report was made; | 41212 |
(3) Voting stock and participation certificates in | 41213 |
corporations chartered pursuant to the "Farm Credit Act of 1971," | 41214 |
85 Stat. 597, 12 U.S.C. 2091, as amended; | 41215 |
(4) Good will, appreciation, and abandoned property as set | 41216 |
up in the annual report of the financial institution, provided a | 41217 |
certified balance sheet of the company is made available upon the | 41218 |
request of the tax commissioner. Such balance sheet shall not be | 41219 |
a part of the public records, but shall be a confidential report | 41220 |
for use of the tax commissioner only. | 41221 |
(5) A portion of the value of the issued and outstanding | 41222 |
shares of stock of such financial institution equal to the amount | 41223 |
obtained by multiplying such value by the quotient obtained by: | 41224 |
(a) Dividing (1) the amount of the financial institution's | 41225 |
assets, as shown on its books, represented by investments in the | 41226 |
capital stock and indebtedness of public utilities of which at | 41227 |
least eighty per cent of the utility's issued and outstanding | 41228 |
common stock is owned by the financial institution by (2) the | 41229 |
total assets of such financial institution as shown on its books; | 41230 |
(b) Dividing (1) the amount of the financial institution's | 41231 |
assets, as shown on its books, represented by investments in the | 41232 |
capital stock and indebtedness of insurance companies of which at | 41233 |
least eighty per cent of the insurance company's issued and | 41234 |
outstanding common stock is owned by the financial institution by | 41235 |
(2) the total assets of such financial institution as shown on its | 41236 |
books; | 41237 |
(c) Dividing (1) the amount of the financial institution's | 41238 |
assets, as shown on its books, represented by investments in the | 41239 |
capital stock and indebtedness of other financial institutions of | 41240 |
which at least twenty-five per cent of the other financial | 41241 |
institution's issued and outstanding common stock is owned by the | 41242 |
financial institution by (2) the total assets of the financial | 41243 |
institution as shown on its books. Division (B)(5)(c) of this | 41244 |
section applies only with respect to such other financial | 41245 |
institutions that for the tax year immediately following the | 41246 |
taxpayer's taxable year will pay the tax imposed by division (D) | 41247 |
of section 5733.06 of the Revised Code. | 41248 |
(6) Land that has been determined pursuant to section | 41249 |
5713.31 of the Revised Code by the county auditor of the county in | 41250 |
which the land is located to be devoted exclusively to | 41251 |
agricultural use as of the first Monday of June in the financial | 41252 |
institution's taxable year. | 41253 |
(7) Property within this state used exclusively during the | 41254 |
taxable year for qualified research as defined in section 5733.05 | 41255 |
of the Revised Code. | 41256 |
(C) The base upon which the tax levied under division (D) of | 41257 |
section 5733.06 of the Revised Code shall be computed by | 41258 |
multiplying the value of a financial institution's issued and | 41259 |
outstanding shares of stock as determined in division (B) of this | 41260 |
section by a fraction. The numerator of the fraction is the sum | 41261 |
of the following: the property factor multiplied by fifteen, the | 41262 |
payroll factor multiplied by fifteen, and the sales factor | 41263 |
multiplied by seventy. The denominator of the fraction is one | 41264 |
hundred, provided that the denominator shall be reduced by fifteen | 41265 |
if the property factor has a denominator of zero, by fifteen if | 41266 |
the payroll factor has a denominator of zero, and by seventy if | 41267 |
the sales factor has a denominator of zero. | 41268 |
(D) A financial institution shall calculate the property | 41269 |
factor as follows: | 41270 |
(1) The property factor is a fraction, the numerator of | 41271 |
which is the average value of real property and tangible personal | 41272 |
property rented to the taxpayer that is located or used within | 41273 |
this state during the taxable year, the average value of real and | 41274 |
tangible personal property owned by the taxpayer that is located | 41275 |
or used within this state during the taxable year, and the average | 41276 |
value of the taxpayer's loans and credit card receivables that are | 41277 |
located within this state during the taxable year; and the | 41278 |
denominator of which is the average value of all such property | 41279 |
located or used within and without this state during the taxable | 41280 |
year. | 41281 |
(2)(a) The value of real property and tangible personal | 41282 |
property owned by the taxpayer is the original cost or other basis | 41283 |
of such property for federal income tax purposes without regard to | 41284 |
depletion, depreciation, or amortization. | 41285 |
(b) Loans are valued at their outstanding principal balance, | 41286 |
without regard to any reserve for bad debts. If a loan is | 41287 |
charged-off in whole or in part for federal income tax purposes, | 41288 |
the portion of the loan charged-off is not outstanding. A | 41289 |
specifically allocated reserve established pursuant to financial | 41290 |
accounting guidelines which is treated as charged-off for federal | 41291 |
income tax purposes shall be treated as charged-off for purposes | 41292 |
of this section. | 41293 |
(c) Credit card receivables are valued at their outstanding | 41294 |
principal balance, without regard to any reserve for bad debts. | 41295 |
If a credit card receivable is charged-off in whole or in part for | 41296 |
federal income tax purposes, the portion of the receivable | 41297 |
charged-off is not outstanding. | 41298 |
(3) The average value of property owned by the taxpayer is | 41299 |
computed on an annual basis by adding the value of the property on | 41300 |
the first day of the taxable year and the value on the last day of | 41301 |
the taxable year and dividing the sum by two. If averaging on | 41302 |
this basis does not properly reflect average value, the tax | 41303 |
commissioner may require averaging on a more frequent basis. The | 41304 |
taxpayer may elect to average on a more frequent basis. When | 41305 |
averaging on a more frequent basis is required by the tax | 41306 |
commissioner or is elected by the taxpayer, the same method of | 41307 |
valuation must be used consistently by the taxpayer with respect | 41308 |
to property within and without this state and on all subsequent | 41309 |
returns unless the taxpayer receives prior permission from the tax | 41310 |
commissioner or the tax commissioner requires a different method | 41311 |
of determining value. | 41312 |
(4)(a) The average value of real property and tangible | 41313 |
personal property that the taxpayer has rented from another and is | 41314 |
not treated as property owned by the taxpayer for federal income | 41315 |
tax purposes, shall be determined annually by multiplying the | 41316 |
gross rents payable during the taxable year by eight. | 41317 |
(b) Where the use of the general method described in | 41318 |
division (D)(4)(a) of this section results in inaccurate | 41319 |
valuations of rented property, any other method which properly | 41320 |
reflects the value may be adopted by the tax commissioner or by | 41321 |
the taxpayer when approved in writing by the tax commissioner. | 41322 |
Once approved, such other method of valuation must be used on all | 41323 |
subsequent returns unless the taxpayer receives prior approval | 41324 |
from the tax commissioner or the tax commissioner requires a | 41325 |
different method of valuation. | 41326 |
(5)(a) Except as described in division (D)(5)(b) of this | 41327 |
section, real property and tangible personal property owned by or | 41328 |
rented to the taxpayer is considered to be located within this | 41329 |
state if it is physically located, situated, or used within this | 41330 |
state. | 41331 |
(b) Transportation property is included in the numerator of | 41332 |
the property factor to the extent that the property is used in | 41333 |
this state. The extent an aircraft will be deemed to be used in | 41334 |
this state and the amount of value that is to be included in the | 41335 |
numerator of this state's property factor is determined by | 41336 |
multiplying the average value of the aircraft by a fraction, the | 41337 |
numerator of which is the number of landings of the aircraft in | 41338 |
this state and the denominator of which is the total number of | 41339 |
landings of the aircraft everywhere. If the extent of the use of | 41340 |
any transportation property within this state cannot be | 41341 |
determined, then the property will be deemed to be used wholly in | 41342 |
the state in which the property has its principal base of | 41343 |
operations. A motor vehicle will be deemed to be used wholly in | 41344 |
the state in which it is registered. | 41345 |
(6)(a)(i) A loan, other than a loan or advance described in | 41346 |
division (D)(6)(d) of this section, is considered to be located | 41347 |
within this state if it is properly assigned to a regular place of | 41348 |
business of the taxpayer within this state. | 41349 |
(ii) A loan is properly assigned to the regular place of | 41350 |
business with which it has a preponderance of substantive | 41351 |
contacts. A loan assigned by the taxpayer to a regular place of | 41352 |
business without the state shall be presumed to have been properly | 41353 |
assigned if: | 41354 |
(I) The taxpayer has assigned, in the regular course of its | 41355 |
business, such loan on its records to a regular place of business | 41356 |
consistent with federal or state regulatory requirements; | 41357 |
(II) Such assignment on its records is based upon | 41358 |
substantive contacts of the load to such regular place of | 41359 |
business; and | 41360 |
(III) The taxpayer uses the records reflecting assignment of | 41361 |
loans for the filing of all state and local tax returns for which | 41362 |
an assignment of loans to a regular place of business is required. | 41363 |
(iii) The presumption of proper assignment of a loan | 41364 |
provided in division (D)(6)(a)(ii) of this section may be rebutted | 41365 |
upon a showing by the tax commissioner, supported by a | 41366 |
preponderance of the evidence, that the preponderance of | 41367 |
substantive contacts regarding such loan did not occur at the | 41368 |
regular place of business to which it was assigned on the | 41369 |
taxpayer's records. When such presumption has been rebutted, the | 41370 |
loan shall then be located within this state if (1) the taxpayer | 41371 |
had a regular place of business within this state at the time the | 41372 |
loan was made; and (2) the taxpayer fails to show, by a | 41373 |
preponderance of the evidence, that the preponderance of | 41374 |
substantive contacts regarding such load did not occur within this | 41375 |
state. | 41376 |
(b) In the case of a loan which is assigned by the taxpayer | 41377 |
to a place without this state which is not a regular place of | 41378 |
business, it shall be presumed, subject to rebuttal by the | 41379 |
taxpayer on a showing supported by the preponderance of evidence, | 41380 |
that the preponderance of substantive contacts regarding the loan | 41381 |
occurred within this state if, at the time the loan was made the | 41382 |
taxpayer's commercial domicile was within this state. | 41383 |
(c) To determine the state in which the preponderance of | 41384 |
substantive contacts relating to a loan have occurred, the facts | 41385 |
and circumstances regarding the loan at issue shall be reviewed on | 41386 |
a case-by-case basis and consideration shall be given to such | 41387 |
activities as the solicitation, investigation, negotiation, | 41388 |
approval, and administration of the loan. The terms | 41389 |
"solicitation," "investigation," "negotiation," "approval," and | 41390 |
"administration" are defined as follows: | 41391 |
(i) "Solicitation" is either active or passive. Active | 41392 |
solicitation occurs when an employee of the taxpayer initiates the | 41393 |
contact with the customer. Such activity is located at the | 41394 |
regular place of business which the taxpayer's employee is | 41395 |
regularly connected with or working out of, regardless of where | 41396 |
the services of such employee were actually performed. Passive | 41397 |
solicitation occurs when the customer initiates the contact with | 41398 |
the taxpayer. If the customer's initial contact was not at a | 41399 |
regular place of business of the taxpayer, the regular place of | 41400 |
business, if any, where the passive solicitation occurred is | 41401 |
determined by the facts in each case. | 41402 |
(ii) "Investigation" is the procedure whereby employees of | 41403 |
the taxpayer determine the creditworthiness of the customer as | 41404 |
well as the degree of risk involved in making a particular | 41405 |
agreement. Such activity is located at the regular place of | 41406 |
business which the taxpayer's employees are regularly connected | 41407 |
with or working out of, regardless of where the services of such | 41408 |
employees were actually performed. | 41409 |
(iii) Negotiation is the procedure whereby employees of the | 41410 |
taxpayer and its customer determine the terms of the agreement, | 41411 |
such as the amount, duration, interest rate, frequency of | 41412 |
repayment, currency denomination, and security required. Such | 41413 |
activity is located at the regular place of business to which the | 41414 |
taxpayer's employees are regularly connected or working from, | 41415 |
regardless of where the services of such employees were actually | 41416 |
performed. | 41417 |
(iv) "Approval" is the procedure whereby employees or the | 41418 |
board of directors of the taxpayer make the final determination | 41419 |
whether to enter into the agreement. Such activity is located at | 41420 |
the regular place of business to which the taxpayer's employees | 41421 |
are regularly connected or working from, regardless of where the | 41422 |
services of such employees were actually performed. If the board | 41423 |
of directors makes the final determination, such activity is | 41424 |
located at the commercial domicile of the taxpayer. | 41425 |
(v) "Administration" is the process of managing the account. | 41426 |
This process includes bookkeeping, collecting the payments, | 41427 |
corresponding with the customer, reporting to management regarding | 41428 |
the status of the agreement, and proceeding against the borrower | 41429 |
or the security interest if the borrower is in default. Such | 41430 |
activity is located at the regular place of business that oversees | 41431 |
this activity. | 41432 |
(d) A loan or advance to a subsidiary corporation at least | 41433 |
fifty-one per cent of whose common stock is owned by the financial | 41434 |
institution shall be allocated in and out of the state by the | 41435 |
application of a ratio whose numerator is the sum of the net book | 41436 |
value of the subsidiary's real property owned in this state and | 41437 |
the subsidiary's tangible personal property owned in this state | 41438 |
and whose denominator is the sum of the subsidiary's real property | 41439 |
owned wherever located and the subsidiary's tangible personal | 41440 |
property owned wherever located. For purposes of calculating this | 41441 |
ratio, the taxpayer shall determine net book value in accordance | 41442 |
with generally accepted accounting principles. If the subsidiary | 41443 |
corporation owns at least fifty-one per cent of the common stock | 41444 |
of another corporation, the ratio shall be calculated by including | 41445 |
the other corporation's real property and tangible personal | 41446 |
property. The calculation of the ratio applies with respect to | 41447 |
all lower-tiered subsidiaries, provided that the immediate parent | 41448 |
corporation of the subsidiary owns at least fifty-one per cent of | 41449 |
the common stock of that subsidiary. | 41450 |
(7) For purposes of determining the location of credit card | 41451 |
receivables, credit card receivables shall be treated as loans and | 41452 |
shall be subject to division (D)(6) of this section. | 41453 |
(8) A loan that has been properly assigned to a state shall, | 41454 |
absent any change of material fact, remain assigned to that state | 41455 |
for the length of the original term of the loan. Thereafter, the | 41456 |
loan may be properly assigned to another state if the loan has a | 41457 |
preponderance of substantive contact to a regular place of | 41458 |
business there. | 41459 |
(E) A financial institution shall calculate the payroll | 41460 |
factor as follows: | 41461 |
(1) The payroll factor is a fraction, the numerator of which | 41462 |
is the total amount paid in this state during the taxable year by | 41463 |
the taxpayer for compensation, and the denominator of which is the | 41464 |
total compensation paid both within and without this state during | 41465 |
the taxable year. | 41466 |
(2) Compensation is paid in this state if any one of the | 41467 |
following tests, applied consecutively, is met: | 41468 |
(a) The employee's services are performed entirely within | 41469 |
this state. | 41470 |
(b) The employee's services are performed both within and | 41471 |
without this state, but the service performed without this state | 41472 |
is incidental to the employee's service within this state. The | 41473 |
term "incidental" means any service which is temporary or | 41474 |
transitory in nature, or which is rendered in connection with an | 41475 |
isolated transaction. | 41476 |
(c) The employee's services are performed both within and | 41477 |
without this state, and: | 41478 |
(i) The employee's principal base of operations is within | 41479 |
this state; or | 41480 |
(ii) There is no principal base of operations in any state | 41481 |
in which some part of the services are performed, but the place | 41482 |
from which the services are directed or controlled is in this | 41483 |
state; or | 41484 |
(iii) The principal base of operations and the place from | 41485 |
which the services are directed or controlled are not in any state | 41486 |
in which some part of the service is performed but the employee's | 41487 |
residence is in this state. | 41488 |
(F) A financial institution shall calculate the sales factor | 41489 |
as follows: | 41490 |
(1) The sales factor is a fraction, the numerator of which | 41491 |
is the receipts of the taxpayer in this state during the taxable | 41492 |
year and the denominator of which is the receipts of the taxpayer | 41493 |
within and without this state during the taxable year. The method | 41494 |
of calculating receipts for purposes of the denominator is the | 41495 |
same as the method used in determining receipts for purposes of | 41496 |
the numerator. | 41497 |
(2) The numerator of the sales factor includes receipts from | 41498 |
the lease or rental of real property owned by the taxpayer if the | 41499 |
property is located within this state, or receipts from the | 41500 |
sublease of real property if the property is located within this | 41501 |
state. | 41502 |
(3)(a) Except as described in division (F)(3)(b) of this | 41503 |
section the numerator of the sales factor includes receipts from | 41504 |
the lease or rental of tangible personal property owned by the | 41505 |
taxpayer if the property is located within this state when it is | 41506 |
first placed in service by the lessee. | 41507 |
(b) Receipts from the lease or rental of transportation | 41508 |
property owned by the taxpayer are included in the numerator of | 41509 |
the sales factor to the extent that the property is used in this | 41510 |
state. The extent an aircraft will be deemed to be used in this | 41511 |
state and the amount of receipts that is to be included in the | 41512 |
numerator of this state's sales factor is determined by | 41513 |
multiplying all the receipts from the lease or rental of the | 41514 |
aircraft by a fraction, the numerator of which is the number of | 41515 |
landings of the aircraft in this state and the denominator of | 41516 |
which is the total number of landings of the aircraft. If the | 41517 |
extent of the use of any transportation property within this state | 41518 |
cannot be determined, then the property will be deemed to be used | 41519 |
wholly in the state in which the property has its principal base | 41520 |
of operations. A motor vehicle will be deemed to be used wholly | 41521 |
in the state in which it is registered. | 41522 |
(4)(a) The numerator of the sales factor includes interest | 41523 |
and fees or penalties in the nature of interest from loans secured | 41524 |
by real property if the property is located within this state. If | 41525 |
the property is located both within this state and one or more | 41526 |
other states, the receipts described in this paragraph are | 41527 |
included in the numerator of the sales factor if more than fifty | 41528 |
per cent of the fair market value of the real property is located | 41529 |
within this state. If more than fifty per cent of the fair market | 41530 |
value of the real property is not located within any one state, | 41531 |
then the receipts described in this paragraph shall be included in | 41532 |
the numerator of the sales factor if the borrower is located in | 41533 |
this state. | 41534 |
(b) The determination of whether the real property securing | 41535 |
a loan is located within this state shall be made as of the time | 41536 |
the original agreement was made and any and all subsequent | 41537 |
substitutions of collateral shall be disregarded. | 41538 |
(5) The numerator of the sales factor includes interest and | 41539 |
fees or penalties in the nature of interest from loans not secured | 41540 |
by real property if the borrower is located in this state. | 41541 |
(6) The numerator of the sales factor includes net gains | 41542 |
from the sale of loans. Net gains from the sale of loans includes | 41543 |
income recorded under the coupon stripping rules of section 1286 | 41544 |
of the Internal Revenue Code. | 41545 |
(a) The amount of net gains, but not less than zero, from | 41546 |
the sale of loans secured by real property included in the | 41547 |
numerator is determined by multiplying such net gains by a | 41548 |
fraction the numerator of which is the amount included in the | 41549 |
numerator of the sales factor pursuant to division (F)(4) of this | 41550 |
section and the denominator of which is the total amount of | 41551 |
interest and fees or penalties in the nature of interest from | 41552 |
loans secured by real property. | 41553 |
(b) The amount of net gains, but not less than zero, from | 41554 |
the sale of loans not secured by real property included in the | 41555 |
numerator is determined by multiplying such net gains by a | 41556 |
fraction the numerator of which is the amount included in the | 41557 |
numerator of the sales factor pursuant to division (F)(5) of this | 41558 |
section and the denominator of which is the total amount of | 41559 |
interest and fees or penalties in the nature of interest from | 41560 |
loans not secured by real property. | 41561 |
(7) The numerator of the sales factor includes interest and | 41562 |
fees or penalties in the nature of interest from credit card | 41563 |
receivables and receipts from fees charged to card holders, such | 41564 |
as annual fees, if the billing address of the card holder is in | 41565 |
this state. | 41566 |
(8) The numerator of the sales factor includes net gains, | 41567 |
but not less than zero, from the sale of credit card receivables | 41568 |
multiplied by a fraction, the numerator of which is the amount | 41569 |
included in the numerator of the sales factor pursuant to division | 41570 |
(F)(7) of this section and the denominator of which is the | 41571 |
taxpayer's total amount of interest and fees or penalties in the | 41572 |
nature of interest from credit card receivables and fees charged | 41573 |
to card holders. | 41574 |
(9) The numerator of the sales factor includes all credit | 41575 |
card issuer's reimbursement fees multiplied by a fraction, the | 41576 |
numerator of which is the amount included in the numerator of the | 41577 |
sales factor pursuant to division (F)(7) of this section and the | 41578 |
denominator of which is the taxpayer's total amount of interest | 41579 |
and fees or penalties in the nature of interest from credit card | 41580 |
receivables and fees charged to card holders. | 41581 |
(10) The numerator of the sales factor includes receipts | 41582 |
from merchant discount if the commercial domicile of the merchant | 41583 |
is in this state. Such receipts shall be computed net of any card | 41584 |
holder charge backs, but shall not be reduced by any interchange | 41585 |
transaction fees or by any issuer's reimbursement fees paid to | 41586 |
another for charges made by its card holders. | 41587 |
(11)(a)(i) The numerator of the sales factor includes loan | 41588 |
servicing fees derived from loans secured by real property | 41589 |
multiplied by a fraction the numerator of which is the amount | 41590 |
included in the numerator of the sales factor pursuant to division | 41591 |
(F)(4) of this section and the denominator of which is the total | 41592 |
amount of interest and fees or penalties in the nature of interest | 41593 |
from loans secured by real property. | 41594 |
(ii) The numerator of the sales factor includes loan | 41595 |
servicing fees derived from loans not secured by real property | 41596 |
multiplied by a fraction the numerator of which is the amount | 41597 |
included in the numerator of the sales factor pursuant to division | 41598 |
(F)(5) of this section and the denominator of which is the total | 41599 |
amount of interest and fees or penalties in the nature of interest | 41600 |
from loans not secured by real property. | 41601 |
(b) In circumstances in which the taxpayer receives loan | 41602 |
servicing fees for servicing either the secured or the unsecured | 41603 |
loans of another, the numerator of the sales factor shall include | 41604 |
such fees if the borrower is located in this state. | 41605 |
(12) The numerator of the sales factor includes receipts | 41606 |
from services not otherwise apportioned under this section if the | 41607 |
service is performed in this state. If the service is performed | 41608 |
both within and without this state, the numerator of the sales | 41609 |
factor includes receipts from services not otherwise apportioned | 41610 |
under this section, if a greater proportion of the income | 41611 |
producing activity is performed in this state based on cost of | 41612 |
performance. | 41613 |
(13)(a) Interest, dividends, net gains, but not less than | 41614 |
zero, and other income from investment assets and activities and | 41615 |
from trading assets and activities shall be included in the sales | 41616 |
factor. Investment assets and activities and trading assets and | 41617 |
activities include but are not limited to: investment securities; | 41618 |
trading account assets; federal funds; securities purchased and | 41619 |
sold under agreements to resell or repurchase; options; futures | 41620 |
contracts; forward contracts; notional principal contracts such as | 41621 |
swaps; equities; and foreign currency transactions. With respect | 41622 |
to the investment and trading assets and activities described in | 41623 |
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor | 41624 |
shall include the amounts described in such divisions. | 41625 |
(i) The sales factor shall include the amount by which | 41626 |
interest from federal funds sold and securities purchased under | 41627 |
resale agreements exceeds interest expense on federal funds | 41628 |
purchased and securities sold under repurchase agreements. | 41629 |
(ii) The sales factor shall include the amount by which | 41630 |
interest, dividends, gains, and other income from trading assets | 41631 |
and activities, including, but not limited to, assets and | 41632 |
activities in the matched book, in the arbitrage book, and foreign | 41633 |
currency transactions, exceed amounts paid in lieu of interest, | 41634 |
amounts paid in lieu of dividends, and losses from such assets and | 41635 |
activities. | 41636 |
(b) The numerator of the sales factor includes interest, | 41637 |
dividends, net gains, but not less than zero, and other income | 41638 |
from investment assets and activities and from trading assets and | 41639 |
activities described in division (F)(13)(a) of this section that | 41640 |
are attributable to this state. | 41641 |
(i) The amount of interest, other than interest described in | 41642 |
division (F)(13)(b)(iv) of this section, dividends, other than | 41643 |
dividends described in that division, net gains, but not less than | 41644 |
zero, and other income from investment assets and activities in | 41645 |
the investment account to be attributed to this state and included | 41646 |
in the numerator is determined by multiplying all such income from | 41647 |
such assets and activities by a fraction, the numerator of which | 41648 |
is the average value of such assets which are properly assigned to | 41649 |
a regular place of business of the taxpayer within this state and | 41650 |
the denominator of which is the average value of all such assets. | 41651 |
(ii) The amount of interest from federal funds sold and | 41652 |
purchased and from securities purchased under resale agreements | 41653 |
and securities sold under repurchase agreements attributable to | 41654 |
this state and included in the numerator is determined by | 41655 |
multiplying the amount described in division (F)(13)(a)(i) of this | 41656 |
section from such funds and such securities by a fraction, the | 41657 |
numerator of which is the average value of federal funds sold and | 41658 |
securities purchased under agreements to resell which are properly | 41659 |
assigned to a regular place of business of the taxpayer within | 41660 |
this state and the denominator of which is the average value of | 41661 |
all such funds and such securities. | 41662 |
(iii) The amount of interest, dividends, gains, and other | 41663 |
income from trading assets and activities, including but not | 41664 |
limited to assets and activities in the matched book, in the | 41665 |
arbitrage book, and foreign currency transaction, but excluding | 41666 |
amounts described in division (F)(13)(b)(i) or (ii) of this | 41667 |
section, attributable to this state and included in the numerator | 41668 |
is determined by multiplying the amount described in division | 41669 |
(F)(13)(a)(ii) of this section by a fraction, the numerator of | 41670 |
which is the average value of such trading assets which are | 41671 |
properly assigned to a regular place of business of the taxpayer | 41672 |
within this state and the denominator of which is the average | 41673 |
value of all such assets. | 41674 |
(iv) The amount of dividends received on the capital stock | 41675 |
of, and the amount of interest received from loans and advances | 41676 |
to, subsidiary corporations at least fifty-one per cent of whose | 41677 |
common stock is owned by the reporting financial institution shall | 41678 |
be allocated in and out of this state by the application of a | 41679 |
ratio whose numerator is the sum of the net book value of the | 41680 |
payor's real property owned in this state and the payor's tangible | 41681 |
personal property owned in this state and whose denominator is the | 41682 |
sum of the net book value of the payor's real property owned | 41683 |
wherever located and the payor's tangible personal property owned | 41684 |
wherever located. For purposes of calculating this ratio, the | 41685 |
taxpayer shall determine net book value in accordance with | 41686 |
generally accepted accounting principles. | 41687 |
(v) For purposes of this division, average value shall be | 41688 |
determined using the rules for determining the average value of | 41689 |
tangible personal property set forth in division (D)(2) and (3) of | 41690 |
this section. | 41691 |
(c) In lieu of using the method set forth in division | 41692 |
(F)(13)(b) of this section, the taxpayer may elect, or the tax | 41693 |
commissioner may require in order to fairly represent the business | 41694 |
activity of the taxpayer in this state, the use of the method set | 41695 |
forth in division (F)(13)(c) of this section. | 41696 |
(i) The amount of interest, other than interest described in | 41697 |
division (F)(13)(b)(iv) of this section, dividends, other than | 41698 |
dividends described in that division, net gains, but not less than | 41699 |
zero, and other income from investment assets and activities in | 41700 |
the investment account to be attributed to this state and included | 41701 |
in the numerator is determined by multiplying all such income from | 41702 |
such assets and activities by a fraction, the numerator of which | 41703 |
is the gross income from such assets and activities which are | 41704 |
properly assigned to a regular place of business of the taxpayer | 41705 |
within this state, and the denominator of which is the gross | 41706 |
income from all such assets and activities. | 41707 |
(ii) The amount of interest from federal funds sold and | 41708 |
purchased and from securities purchased under resale agreements | 41709 |
and securities sold under repurchase agreements attributable to | 41710 |
this state and included in the numerator is determined by | 41711 |
multiplying the amount described in division (F)(13)(a)(i) of this | 41712 |
section from such funds and such securities by a fraction, the | 41713 |
numerator of which is the gross income from such funds and such | 41714 |
securities which are properly assigned to a regular place of | 41715 |
business of the taxpayer within this state and the denominator of | 41716 |
which is the gross income from all such funds and such securities. | 41717 |
(iii) The amount of interest, dividends, gains, and other | 41718 |
income from trading assets and activities, including, but not | 41719 |
limited to, assets and activities in the matched book, in the | 41720 |
arbitrage book, and foreign currency transactions, but excluding | 41721 |
amounts described in division (F)(13)(a)(i) or (ii) of this | 41722 |
section, attributable to this state and included in the numerator, | 41723 |
is determined by multiplying the amount described in division | 41724 |
(F)(13)(a)(ii) of this section by a fraction, the numerator of | 41725 |
which is the gross income from such trading assets and activities | 41726 |
which are properly assigned to a regular place of business of the | 41727 |
taxpayer within this state and the denominator of which is the | 41728 |
gross income from all such assets and activities. | 41729 |
(iv) The amount of dividends received on the capital stock | 41730 |
of, and the amount of interest received from loans and advances | 41731 |
to, subsidiary corporations at least fifty-one per cent of whose | 41732 |
common stock is owned by the reporting financial institution shall | 41733 |
be allocated in and out of this state by the application of a | 41734 |
ratio whose numerator is the sum of the net book value of the | 41735 |
payor's real property owned in this state and the payor's tangible | 41736 |
personal property owned in this state and whose denominator is the | 41737 |
sum of the payor's real property owned wherever located and the | 41738 |
payor's tangible personal property owned wherever located. For | 41739 |
purposes of calculating this ratio, the taxpayer shall determine | 41740 |
net book value in accordance with generally accepted accounting | 41741 |
principles. | 41742 |
(d) If the taxpayer elects or is required by the tax | 41743 |
commissioner to use the method set forth in division (F)(13)(c) of | 41744 |
this section, it shall use this method on all subsequent returns | 41745 |
unless the taxpayer receives prior permission from the tax | 41746 |
commissioner to use or the tax commissioner requires a different | 41747 |
method. | 41748 |
(e) The taxpayer shall have the burden of proving that an | 41749 |
investment asset or activity or trading asset or activity was | 41750 |
properly assigned to a regular place of business outside of this | 41751 |
state by demonstrating that the day-to-day decisions regarding the | 41752 |
asset or activity occurred at a regular place of business outside | 41753 |
this state. Where the day-to-day decisions regarding an | 41754 |
investment asset or activity or trading asset or activity occur at | 41755 |
more than one regular place of business and one such regular place | 41756 |
of business is in this state and one such regular place of | 41757 |
business is outside this state such asset or activity shall be | 41758 |
considered to be located at the regular place of business of the | 41759 |
taxpayer where the investment or trading policies or guidelines | 41760 |
with respect to the asset or activity are established. Unless the | 41761 |
taxpayer demonstrates to the contrary, such policies and | 41762 |
guidelines shall be presumed to be established at the commercial | 41763 |
domicile of the taxpayer. | 41764 |
(14) The numerator of the sales factor includes all other | 41765 |
receipts if either: | 41766 |
(a) The income-producing activity is performed solely in | 41767 |
this state; or | 41768 |
(b) The income-producing activity is performed both within | 41769 |
and without this state and a greater proportion of the | 41770 |
income-producing activity is performed within this state than in | 41771 |
any other state, based on costs of performance. | 41772 |
(G) A qualified institution may calculate the base upon | 41773 |
which
the fee provided for in
division (D) of section 5733.06
| 41774 |
of the
| 41775 |
years 1998, 1999, 2000,
| 41776 |
the value of its issued and outstanding shares of stock determined | 41777 |
under division (B) of this section by a single deposits fraction | 41778 |
whose numerator is the deposits assigned to branches in this state | 41779 |
and whose denominator is the deposits assigned to branches | 41780 |
everywhere. Deposits shall be assigned to branches in the same | 41781 |
manner in which the assignment is made for regulatory purposes. If | 41782 |
the base calculated under this division is less than the base | 41783 |
calculated under division (C) of this section, then the qualifying | 41784 |
institution may elect to substitute the base calculated under this | 41785 |
division for the base calculated under division (C) of this | 41786 |
section. Such election may be made annually for each of the tax | 41787 |
years 1998, 1999, 2000,
| 41788 |
report. The election need not accompany the report; rather, the | 41789 |
election may accompany a subsequently filed but timely application | 41790 |
for refund, a subsequently filed but timely amended report, or a | 41791 |
subsequently filed but timely petition for reassessment. The | 41792 |
election is not irrevocable and it applies only to the specified | 41793 |
tax year. Nothing in this division shall be construed to extend | 41794 |
any statute of limitations set forth in this chapter | 41795 |
(H) If the apportionment provisions of this section do not | 41796 |
fairly represent the extent of the taxpayer's business activity in | 41797 |
this state, the taxpayer may petition for or the tax commissioner | 41798 |
may require, in respect to all or any part of the taxpayer's | 41799 |
business activity, if reasonable: | 41800 |
(1) Separate accounting; | 41801 |
(2) The exclusion of any one or more of the factors; | 41802 |
(3) The inclusion of one or more additional factors which | 41803 |
will fairly represent the taxpayer's business activity in this | 41804 |
state; or | 41805 |
(4) The employment of any other method to effectuate an | 41806 |
equitable allocation and apportionment of the taxpayer's value. | 41807 |
Sec. 5733.06. The tax hereby charged each corporation | 41808 |
subject to this chapter shall be the greater of the sum of | 41809 |
divisions (A) and (B) of this section, after the reduction, if | 41810 |
any, provided by division (J) of this section, or division (C) of | 41811 |
this section, after the reduction, if any, provided by division | 41812 |
(J) of this section, except that the tax hereby charged each | 41813 |
financial institution subject to this chapter shall be the amount | 41814 |
computed under division (D) of this section: | 41815 |
(A) Except as set forth in division (F) of this section, | 41816 |
five and one-tenth per cent upon the first fifty thousand dollars | 41817 |
of the value of the taxpayer's issued and outstanding shares of | 41818 |
stock as determined under division (B) of section 5733.05 of the | 41819 |
Revised Code; | 41820 |
(B) Except as set forth in division (F) of this section, | 41821 |
eight and one-half per cent upon the value so determined in excess | 41822 |
of fifty thousand dollars; or | 41823 |
(C) Except as otherwise provided under division (G) of this | 41824 |
section, four mills times that portion of the value of the issued | 41825 |
and outstanding shares of stock as determined under division (C) | 41826 |
of section 5733.05 of the Revised Code. For the purposes of | 41827 |
division (C) of this section, division (C)(2) of section 5733.065, | 41828 |
and division (C) of section 5733.066 of the Revised Code, the | 41829 |
value of the issued and outstanding shares of stock of a qualified | 41830 |
holding company is zero. | 41831 |
(D) The tax charged each financial institution subject to | 41832 |
this chapter shall be that portion of the value of the issued and | 41833 |
outstanding shares of stock as determined under division (A) of | 41834 |
section 5733.05 of the Revised Code, multiplied by the following | 41835 |
amounts: | 41836 |
(1) For tax years prior to the 1999 tax year, fifteen mills; | 41837 |
(2) For the 1999 tax year, fourteen mills; | 41838 |
(3) For tax year 2000 and thereafter, thirteen mills. | 41839 |
(E) No tax shall be charged from any corporation that has | 41840 |
been adjudicated bankrupt, or for which a receiver has been | 41841 |
appointed, or that has made a general assignment for the benefit | 41842 |
of creditors, except for the portion of the then current tax year | 41843 |
during which the tax commissioner finds such corporation had the | 41844 |
power to exercise its corporate franchise unimpaired by such | 41845 |
proceedings or act. The minimum payment for all corporations | 41846 |
shall be fifty dollars. | 41847 |
The tax charged to corporations under this chapter for the | 41848 |
privilege of engaging in business in this state, which is an | 41849 |
excise tax levied on the value of the issued and outstanding | 41850 |
shares of stock, shall in no manner be construed as prohibiting or | 41851 |
otherwise limiting the powers of municipal corporations, joint | 41852 |
economic development zones created under section 715.691 of the | 41853 |
Revised Code, and joint economic development districts created | 41854 |
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the | 41855 |
Revised Code in this state to impose an income tax on the income | 41856 |
of such corporations. | 41857 |
(F) If two or more taxpayers satisfy the ownership or | 41858 |
control requirements of division (A) of section 5733.052 of the | 41859 |
Revised Code, each such taxpayer shall substitute "the taxpayer's | 41860 |
pro-rata amount" for "fifty thousand dollars" in divisions (A) and | 41861 |
(B) of this section. For purposes of this division, "the | 41862 |
taxpayer's pro-rata amount" is an amount that, when added to the | 41863 |
other such taxpayers' pro-rata amounts, does not exceed fifty | 41864 |
thousand dollars. For the purpose of making that computation, the | 41865 |
taxpayer's pro-rata amount shall not be less than zero. Nothing | 41866 |
in this division derogates from or eliminates the requirement to | 41867 |
make the alternative computation of tax under division (C) of this | 41868 |
section. | 41869 |
(G) The tax liability of any corporation under division (C) | 41870 |
of this section shall not exceed one hundred fifty thousand | 41871 |
dollars. | 41872 |
(H)(1) For the purposes of division (H) of this section, | 41873 |
"exiting corporation" means a corporation that satisfies all of | 41874 |
the following conditions: | 41875 |
(a) The corporation had nexus with or in this state under | 41876 |
the Constitution of the United States during any portion of a | 41877 |
calendar year; | 41878 |
(b) The corporation was not a corporation described in | 41879 |
division (A) of section 5733.01 of the Revised Code on the first | 41880 |
day of January immediately following that calendar year; | 41881 |
(c) The corporation was not a financial institution on the | 41882 |
first day of January immediately following that calendar year; | 41883 |
(d) If the corporation was a transferor as defined in | 41884 |
section 5733.053 of the Revised Code, the corporation's transferee | 41885 |
was not required to add to the transferee's net income the income | 41886 |
of the transferor pursuant to division (B) of that section; | 41887 |
(e) During any portion of that calendar year, or any portion | 41888 |
of the immediately preceding calendar year, the corporation had | 41889 |
net income that was not included in a report filed by the | 41890 |
corporation or its transferee pursuant to section 5733.02, | 41891 |
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code; | 41892 |
(f) The corporation would have been subject to the tax | 41893 |
computed under divisions (A), (B), (C), (F), and (G) of this | 41894 |
section if the corporation is assumed to be a corporation | 41895 |
described in division (A) of section 5733.01 of the Revised Code | 41896 |
on the first day of January immediately following the calendar | 41897 |
year to which division (H)(1)(a) of this section refers. | 41898 |
(2) For the purposes of division (H) of this section, | 41899 |
"unreported net income" means net income that was not previously | 41900 |
included in a report filed pursuant to section 5733.02, 5733.021, | 41901 |
5733.03, 5733.031, or 5733.053 of the Revised Code and that was | 41902 |
realized or recognized during the calendar year to which | 41903 |
division (H)(1) of this section refers or the immediately | 41904 |
preceding calendar year. | 41905 |
(3) Each exiting corporation shall pay a tax computed by | 41906 |
first allocating and apportioning the unreported net income | 41907 |
pursuant to division (B) of section 5733.05 and section 5733.051 | 41908 |
and, if applicable, section 5733.052 of the Revised Code. The | 41909 |
exiting corporation then shall compute the tax due on its | 41910 |
unreported net income allocated and apportioned to this state by | 41911 |
applying divisions (A), (B), and (F) of this section to that | 41912 |
income. | 41913 |
(4) Divisions (C) and (G) of this section, division (D)(2) | 41914 |
of section 5733.065, and division (C) of section 5733.066 of the | 41915 |
Revised Code do not apply to an exiting corporation, but exiting | 41916 |
corporations are subject to every other provision of this chapter. | 41917 |
(5) Notwithstanding division (B) of section 5733.01 or | 41918 |
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the | 41919 |
contrary, each exiting corporation shall report and pay the tax | 41920 |
due under division (H) of this section on or before the | 41921 |
thirty-first day of May immediately following the calendar year to | 41922 |
which division (H)(1)(a) of this section refers. The exiting | 41923 |
corporation shall file that report on the form most recently | 41924 |
prescribed by the tax commissioner for the purposes of complying | 41925 |
with sections 5733.02 and 5733.03 of the Revised Code. Upon | 41926 |
request by the corporation, the tax commissioner may extend the | 41927 |
date for filing the report. | 41928 |
(6) If, on account of the application of section 5733.053 of | 41929 |
the Revised Code, net income is subject to the tax imposed by | 41930 |
divisions (A) and (B) of this section, such income shall not be | 41931 |
subject to the tax imposed by division (H)(3) of this section. | 41932 |
(7) The amendments made to division (H) of this section by | 41933 |
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to | 41934 |
any transfer, as defined in section 5733.053 of the Revised Code, | 41935 |
for which negotiations began prior to January 1, 2001, and that | 41936 |
was commenced in and completed during calendar year 2001, unless | 41937 |
the taxpayer makes an election prior to December 31, 2001, to | 41938 |
apply the section. | 41939 |
(8) The tax commissioner may adopt rules governing division | 41940 |
(H) of this section. | 41941 |
(I) Any reference in the Revised Code to "the tax imposed by | 41942 |
section 5733.06 of the Revised Code" or "the tax due under section | 41943 |
5733.06 of the Revised Code" includes the taxes imposed under | 41944 |
sections 5733.065 and 5733.066 of the Revised Code. | 41945 |
(J)(1) Division (J) of this section applies solely to a | 41946 |
combined company. Section 5733.057 of the Revised Code shall | 41947 |
apply when calculating the adjustments required by division (J) of | 41948 |
this section. | 41949 |
(2) Subject to division (J)(4) of this section, the total | 41950 |
tax calculated in divisions (A) and (B) of this section shall be | 41951 |
reduced by an amount calculated by multiplying such tax by a | 41952 |
fraction, the numerator of which is the total taxable gross | 41953 |
receipts attributed to providing public utility activity other | 41954 |
than as an electric company under section 5727.03 of the Revised | 41955 |
Code for the year upon which the taxable gross receipts are | 41956 |
measured immediately preceding the tax year, and the denominator | 41957 |
of which is the total gross receipts from all sources for the year | 41958 |
upon which the taxable gross receipts are measured immediately | 41959 |
preceding the tax year. Nothing herein shall be construed to | 41960 |
exclude from the denominator any item of income described in | 41961 |
section 5733.051 of the Revised Code. | 41962 |
(3) Subject to division (J)(4) of this section, the total | 41963 |
tax calculated in division (C) of this section shall be reduced by | 41964 |
an amount calculated by multiplying such tax by the fraction | 41965 |
described in division (J)(2) of this section. | 41966 |
(4) In no event shall the reduction provided by division | 41967 |
(J)(2) or (J)(3) of this section exceed the amount of the excise | 41968 |
tax paid in accordance with section 5727.38 of the Revised Code, | 41969 |
for the year upon which the taxable gross receipts are measured | 41970 |
immediately preceding the tax year. | 41971 |
Sec. 5733.12. (A) Four and two-tenths per cent of all | 41972 |
payments received
| 41973 |
under sections 5733.06 and 5733.41 of the Revised Code shall be | 41974 |
credited to the local government fund for distribution in | 41975 |
accordance with section 5747.50 of the Revised Code, six-tenths of | 41976 |
one per cent shall be credited to the local government revenue | 41977 |
assistance fund for distribution in accordance with section | 41978 |
5747.61 of the Revised Code, and ninety-five and two-tenths per | 41979 |
cent shall be credited to the general revenue fund. | 41980 |
(B) Except as otherwise provided under divisions (C) and (D) | 41981 |
of this section, an application to refund to the corporation the | 41982 |
amount of taxes imposed under section 5733.06 of the Revised Code | 41983 |
that are overpaid, paid illegally or erroneously, or paid on any | 41984 |
illegal, erroneous, or excessive assessment, with interest thereon | 41985 |
as provided by section 5733.26 of the Revised Code, shall be filed | 41986 |
with the tax commissioner, on the form prescribed by the | 41987 |
commissioner, within three years from the date of the illegal, | 41988 |
erroneous, or excessive payment of the tax, or within any | 41989 |
additional period allowed by division (C)(2) of section 5733.031, | 41990 |
division (D)(2) of section 5733.067, or division (A) of section | 41991 |
5733.11 of the Revised Code. | 41992 |
On the filing of the refund application, the commissioner | 41993 |
shall determine the amount of refund due and certify such amount | 41994 |
to the director of budget and management and treasurer of state | 41995 |
for payment from the tax refund fund created by section 5703.052 | 41996 |
of the Revised Code. | 41997 |
(C) "Ninety days" shall be substituted for "three years" in | 41998 |
division (B) of this section if the taxpayer satisfies both of the | 41999 |
following: | 42000 |
(1) The taxpayer has applied for a refund based in whole or | 42001 |
in part upon section 5733.0611 of the Revised Code; | 42002 |
(2) The taxpayer asserts that the imposition or collection | 42003 |
of the tax imposed or charged by section 5733.06 of the Revised | 42004 |
Code or any portion of such tax violates the Constitution of the | 42005 |
United States or the Constitution of this state. | 42006 |
(D)(1) Division (D)(2) of this section applies only if all | 42007 |
of the following conditions are satisfied: | 42008 |
(a) A qualifying pass-through entity pays an amount of the | 42009 |
tax imposed by section 5733.41 of the Revised Code; | 42010 |
(b) The taxpayer is a qualifying investor as to that | 42011 |
qualifying pass-through entity; | 42012 |
(c) The taxpayer did not claim the credit provided for in | 42013 |
section 5733.0611 of the Revised Code as to the tax described in | 42014 |
division (D)(1)(a) of this section; | 42015 |
(d) The three-year period described in division (B) of this | 42016 |
section has ended as to the taxable year for which the taxpayer | 42017 |
otherwise would have claimed that credit. | 42018 |
(2) A taxpayer shall file an application for refund pursuant | 42019 |
to this division within one year after the date the payment | 42020 |
described in division (D)(1)(a) of this section is made. An | 42021 |
application filed under this division shall only claim refund of | 42022 |
overpayments resulting from the taxpayer's failure to claim the | 42023 |
credit described in division (D)(1)(c) of this section. Nothing | 42024 |
in this division shall be construed to relieve a taxpayer from | 42025 |
complying with the provisions of division (I)(14) of section | 42026 |
5733.04 of the Revised Code. | 42027 |
Sec. 5733.122. Between the first and fifteenth days of July | 42028 |
each year, the tax commissioner shall certify to the director of | 42029 |
budget and management the total reported liability of the taxes or | 42030 |
surcharges levied in the second preceding year under sections | 42031 |
5733.065 and 5733.066 of the Revised Code. Notwithstanding section | 42032 |
5733.12 of the Revised Code,
| 42033 |
42034 | |
42035 | |
year less an amount to be retained by the department of taxation | 42036 |
for expenses resulting from the administration of the taxes or | 42037 |
surcharges levied under sections 5733.065 and 5733.066 of the | 42038 |
Revised Code shall be credited to the recycling and litter | 42039 |
prevention fund created by section 1502.02 of the Revised
Code | 42040 |
42041 | |
42042 | |
received by the treasurer of state under
this chapter
| 42043 |
42044 | |
government fund from any receipts credited to the recycling and | 42045 |
litter prevention fund under this section. | 42046 |
The office of budget and mangement shall provide the | 42047 |
treasurer of state with a monthly schedule in accordance with | 42048 |
which the amounts shall be credited. | 42049 |
Sec. 5733.18. Annually, on the day fixed for the payment of | 42050 |
any excise or franchise tax required to be paid by law, such tax, | 42051 |
together with any penalties subsequently accruing thereon, shall | 42052 |
become a lien on all property in this state of a corporation, | 42053 |
whether such property is employed by the corporation in the | 42054 |
prosecution of its business or is in the hands of an assignee, | 42055 |
trustee, or receiver for the benefit of the creditors and | 42056 |
stockholders. Such lien shall continue until such taxes, together | 42057 |
with any penalties subsequently accruing, are paid. | 42058 |
Upon failure of such corporation to pay such tax on the day | 42059 |
fixed for payment,
| 42060 |
the tax commissioner
| 42061 |
filing no fee shall be charged, in the office of the county | 42062 |
recorder in each county in this state in which such corporation | 42063 |
owns or has a beneficial interest in real estate, notice of such | 42064 |
lien containing a brief description of such real estate. Such | 42065 |
lien shall not be valid as against any mortgagee, purchaser, or | 42066 |
judgment creditor whose rights have attached prior to the time | 42067 |
such notice is so filed in the county in which the real estate | 42068 |
which is the subject of such mortgage, purchase, or judgment lien | 42069 |
is located. Such notice shall be recorded in a book kept by the | 42070 |
recorder, called the corporation franchise lien record, and | 42071 |
indexed under the name of the corporation charged with such tax. | 42072 |
When such tax, together with any penalties subsequently accruing | 42073 |
thereon, has been paid, the tax commissioner shall furnish to the | 42074 |
corporation an acknowledgment of such payment which the | 42075 |
corporation may record with the recorder of each county in which | 42076 |
notice of such lien has been filed, for which recording the | 42077 |
recorder shall charge and receive a fee of two dollars. | 42078 |
Sec. 5733.401. (A) As used in this section: | 42079 |
(1) "Investment pass-through entity" means a pass-through | 42080 |
entity having for its qualifying taxable year at least ninety per | 42081 |
cent of its gross income from transaction fees in connection with | 42082 |
the acquisition, ownership, or disposition of intangible property, | 42083 |
loan fees, financing fees, consent fees, waiver fees, application | 42084 |
fees, net management fees, dividend income, interest income, net | 42085 |
capital gains from the sale or exchange of intangible property, or | 42086 |
distributive shares of income from pass-through entities; and | 42087 |
having for its qualifying taxable year at least ninety per cent of | 42088 |
the net book value of its assets represented by intangible assets. | 42089 |
Such percentages shall be the quarterly average of those | 42090 |
percentages as calculated during the pass-through entity's taxable | 42091 |
year. | 42092 |
(2) "Net management fees" means management fees that a | 42093 |
pass-through entity earns or receives from all sources, reduced by | 42094 |
management fees that the pass-through entity incurs or pays to any | 42095 |
person. | 42096 |
(B) For the purposes of divisions (A) and (C) of this | 42097 |
section only, an investment in a pass-through entity shall be | 42098 |
deemed to be an investment in an intangible asset. | 42099 |
(C) Except as otherwise provided in division (D) of this | 42100 |
section, for the purposes of division (A) of section 5733.40 of | 42101 |
the Revised Code, an investment pass-through entity shall exclude | 42102 |
from the calculation of the adjusted qualifying amount all | 42103 |
transaction fees in connection with the acquisition, ownership, or | 42104 |
disposition of intangible
property | 42105 |
consent fees | 42106 |
fees, but if such fees exceed five per cent of the entity's net | 42107 |
income calculated in accordance with generally accepted accounting | 42108 |
principles, all net management fees shall be included in the | 42109 |
calculation of the adjusted qualifying amount;
dividend income | 42110 |
interest
income | 42111 |
intangible property | 42112 |
attributable to distributive shares of income from other | 42113 |
pass-through entities. Nothing in this division shall be | 42114 |
construed to provide for an exclusion of any item from adjusted | 42115 |
qualifying amount more than once. | 42116 |
(D) Sections 5733.057 and 5747.231 of the Revised Code do | 42117 |
not apply for the purposes of making the determinations required | 42118 |
by division (A) of this section or claiming the exclusion provided | 42119 |
by division (C) of this section. | 42120 |
Sec. 5733.42. (A) As used in this section: | 42121 |
(1) "Eligible training program" means a program to provide | 42122 |
job skills to eligible employees who are unable effectively to | 42123 |
function on the job due to skill deficiencies or who would | 42124 |
otherwise be displaced because of their skill deficiencies or | 42125 |
inability to use new technology, or to provide job skills to | 42126 |
eligible employees that enable them to perform other job duties | 42127 |
for the taxpayer. Eligible training programs do not include | 42128 |
executive, management, or personal enrichment training programs, | 42129 |
or training programs intended exclusively for personal career | 42130 |
development. | 42131 |
(2) "Eligible employee" means an individual who is employed | 42132 |
in this state by a taxpayer and has been so employed by the same | 42133 |
taxpayer for at least one hundred eighty consecutive days before | 42134 |
the day an application for the credit is filed under this section. | 42135 |
"Eligible employee" does not include any employee for which a | 42136 |
credit is claimed pursuant to division (A)(5) of section 5709.65 | 42137 |
of the Revised Code for all or any part of the same year, an | 42138 |
employee who is not a full-time employee, or executive or | 42139 |
managerial personnel except for the immediate supervisors of | 42140 |
nonexecutive, nonmanagerial personnel. | 42141 |
(3) "Eligible training costs" means: | 42142 |
(a) Direct instructional costs, such as instructor salaries, | 42143 |
materials and supplies, textbooks and manuals, videotapes, and | 42144 |
other instructional media and training equipment used exclusively | 42145 |
for the purpose of training eligible employees; | 42146 |
(b) Wages paid to eligible employees for time devoted | 42147 |
exclusively to an eligible training program during normal paid | 42148 |
working hours. | 42149 |
(4) "Full-time employee" means an individual who is employed | 42150 |
for consideration for at least thirty-five hours per week, or who | 42151 |
renders any other standard of service generally accepted by custom | 42152 |
or specified by contract as full-time employment. | 42153 |
(5) "Partnership" includes a limited liability company formed | 42154 |
under Chapter 1705. of the Revised Code or under the laws of | 42155 |
another state, provided that the company is not classified for | 42156 |
federal income tax purposes as an association taxable as a | 42157 |
corporation. | 42158 |
(B) There is hereby allowed a nonrefundable credit against | 42159 |
the tax imposed by section 5733.06 of the Revised Code for | 42160 |
taxpayers for which a tax credit certificate is issued under | 42161 |
division (C) of this section.
The credit may
| 42162 |
| 42163 |
42164 | |
42165 | |
claimed for tax years 2002 and 2003. The amount of the credit for | 42166 |
each tax year shall equal one-half of the average of the eligible | 42167 |
training costs paid or incurred by the taxpayer during the three | 42168 |
calendar years immediately preceding the tax year for which the | 42169 |
credit is claimed, not to exceed one thousand dollars for each | 42170 |
eligible employee on account of whom eligible training costs were | 42171 |
paid or incurred by the taxpayer during those calendar years. | 42172 |
The credit claimed by a taxpayer each tax year shall not exceed | 42173 |
one hundred thousand dollars. | 42174 |
If, on or before June 30, 2001, a taxpayer had properly filed | 42175 |
an application for a credit for tax year 2002 or 2003 as provided | 42176 |
in division (C) of this section, the director of job and family | 42177 |
services may authorize a credit for the eligible training costs | 42178 |
for which the credit is claimed subject to the limitations and | 42179 |
requirements of this section, but the tax credit certificate | 42180 |
issued for tax year 2002 or 2003 shall be applied only to the | 42181 |
taxpayer's liability for tax for tax year 2004. The credit | 42182 |
claimed by such a taxpayer shall be computed in the manner | 42183 |
prescribed by this section; is subject to the limitations of this | 42184 |
section on the amount of the credit for each eligible employee and | 42185 |
for each tax year; and shall be in addition to any credit claimed | 42186 |
by the taxpayer under this section for tax year 2004. For the | 42187 |
purpose of the limitation on the amount of the credit that may be | 42188 |
claimed by a company for tax year 2004, tax credit certificates | 42189 |
issued for tax year 2002 or 2003 shall not be considered as being | 42190 |
claimed for tax year 2004. | 42191 |
(C) A taxpayer who proposes to conduct an eligible training | 42192 |
program may apply to the director of job and family services for a | 42193 |
tax credit certificate under this section. The taxpayer may apply | 42194 |
for such a certificate for
| 42195 |
42196 | |
42197 | |
divisions (B) and (L) of this section. The director shall | 42198 |
prescribe the form of the application, which shall require a | 42199 |
detailed description of the proposed training program. The | 42200 |
director may require applicants to remit an application fee with | 42201 |
each application filed with the director. The fee shall not | 42202 |
exceed the reasonable and necessary expenses incurred by the | 42203 |
director in receiving, reviewing, and approving such applications | 42204 |
and issuing tax credit certificates. Proceeds from fees shall be | 42205 |
used solely for the purpose of receiving, reviewing, and approving | 42206 |
such applications and issuing such certificates. | 42207 |
After receipt of an application, the director shall authorize | 42208 |
a credit under this section by issuing a tax credit certificate, | 42209 |
in the form prescribed by the director, if the director determines | 42210 |
all of the following: | 42211 |
(1) The proposed training program is an eligible training | 42212 |
program under this section; | 42213 |
(2) The proposed training program is economically sound and | 42214 |
will benefit the people of this state by improving workforce | 42215 |
skills and strengthening the economy of this state; | 42216 |
(3) Receiving the tax credit is a major factor in the | 42217 |
taxpayer's decision to go forward with the training program; | 42218 |
(4) Authorization of the credit is consistent with division | 42219 |
(H) of this section. | 42220 |
The credit also is allowed for a taxpayer that is a partner | 42221 |
in a partnership that pays or incurs eligible training costs. Such | 42222 |
a taxpayer shall determine the taxpayer's credit amount in the | 42223 |
manner prescribed by division (K) of this section. | 42224 |
(D) If the director of job and family services denies an | 42225 |
application for a tax credit certificate, the director shall send | 42226 |
notice of the denial and the reason for denial to the applicant by | 42227 |
certified mail, return receipt requested. If the director | 42228 |
determines that an authorized training program, as actually | 42229 |
conducted, fails to meet the requirements of this section or to | 42230 |
comply with any condition set forth in the authorization, the | 42231 |
director may reduce the amount of the tax credit previously | 42232 |
granted. If the director reduces a tax credit, the director shall | 42233 |
send notice of the reduction and the reason for the reduction to | 42234 |
the taxpayer by certified mail, return receipt requested, and | 42235 |
shall certify the reduction to the tax commissioner or, in the | 42236 |
case of the reduction of a credit claimed by an insurance company, | 42237 |
the superintendent of insurance. The tax commissioner or | 42238 |
superintendent of insurance shall reduce the credit that may be | 42239 |
claimed by the taxpayer accordingly. Within sixty days after | 42240 |
receiving a notice of denial or notice of reduction of the tax | 42241 |
credit, an applicant or taxpayer may request, in writing, a | 42242 |
hearing before the director to review the denial or reduction. | 42243 |
Within sixty days after receiving a request that is filed within | 42244 |
the prescribed time, the director shall hold such a hearing at a | 42245 |
location to be determined by the director. Within thirty days | 42246 |
after the hearing is adjourned, the director shall issue a | 42247 |
redetermination affirming, reversing, or modifying the denial or | 42248 |
reduction of the tax credit and send notice of the redetermination | 42249 |
to the applicant or taxpayer by certified mail, return receipt | 42250 |
requested, and shall issue a notice of the redetermination to the | 42251 |
tax commissioner or superintendent of insurance. If an applicant | 42252 |
or taxpayer is aggrieved by the director's redetermination, the | 42253 |
applicant or taxpayer may appeal the redetermination to the board | 42254 |
of tax appeals in the manner prescribed by section 5717.02 of the | 42255 |
Revised Code. | 42256 |
(E) A taxpayer to which a tax credit certificate is issued | 42257 |
shall retain records indicating the eligible training costs it | 42258 |
pays or incurs for the eligible training program for which the | 42259 |
certificate is issued for four years following the end of the tax | 42260 |
year for which the credit is claimed. Such records shall be open | 42261 |
to inspection by the director of job and family services upon the | 42262 |
director's request during business hours. | 42263 |
Financial statements and other information submitted by an | 42264 |
applicant to the director of job and family services for a tax | 42265 |
credit under this section, and any information taken for any | 42266 |
purpose from such statements or information, are not public | 42267 |
records subject to section 149.43 of the Revised Code. However, | 42268 |
the director of job and family services, the tax commissioner, or | 42269 |
superintendent of insurance may make use of the statements and | 42270 |
other information for purposes of issuing public reports or in | 42271 |
connection with court proceedings concerning tax credits allowed | 42272 |
under this section and sections 5725.31, 5729.07, and 5747.39 of | 42273 |
the Revised Code. | 42274 |
(F) The director of job and family services, in accordance | 42275 |
with Chapter 119. of the Revised Code, shall adopt rules necessary | 42276 |
to implement this section and sections 5725.31, 5729.07, and | 42277 |
5747.39 of the Revised Code. The rules shall be adopted after | 42278 |
consultation with the tax commissioner and the superintendent of | 42279 |
insurance. At the time the director gives public notice under | 42280 |
division (A) of section 119.03 of the Revised Code of the adoption | 42281 |
of the rules, the director shall submit copies of the proposed | 42282 |
rules to the chairpersons and ranking minority members of the | 42283 |
standing committees in the senate and the house of representatives | 42284 |
to which legislation on economic development matters are | 42285 |
customarily referred. | 42286 |
(G) On or before the thirtieth day of September of
| 42287 |
42288 | |
family services shall submit a report to the governor, the | 42289 |
president of the senate, and the speaker of the house of | 42290 |
representatives on the tax credit program under this section and | 42291 |
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The | 42292 |
report shall include information on the number of training | 42293 |
programs that were authorized under those sections during the | 42294 |
preceding calendar year, a description of each authorized training | 42295 |
program, the dollar amounts of the credits granted, and an | 42296 |
estimate of the impact of the credits on the economy of this | 42297 |
state. | 42298 |
(H) The aggregate amount of credits authorized under this | 42299 |
section and sections 5725.31, 5729.07, and 5747.39 of the Revised | 42300 |
Code shall not exceed twenty million dollars per calendar year. No | 42301 |
more than ten million dollars in credits per calendar year shall | 42302 |
be authorized for persons engaged primarily in manufacturing. No | 42303 |
less than five million dollars in credits per calendar year shall | 42304 |
be set aside for persons engaged primarily in activities other | 42305 |
than manufacturing and having fewer than five hundred employees. | 42306 |
Subject to such limits, credits shall be authorized for applicants | 42307 |
meeting the requirements of this section in the order in which | 42308 |
they submit complete and accurate applications. | 42309 |
(I) A nonrefundable credit allowed under this section shall | 42310 |
be claimed in the order required under section 5733.98 of the | 42311 |
Revised Code. | 42312 |
(J) The taxpayer may carry forward any credit amount in | 42313 |
excess of its tax due after allowing for any other credits that | 42314 |
precede the credit under this section in the order required under | 42315 |
section 5733.98 of the Revised Code. The excess credit may be | 42316 |
carried forward for three years following the tax year for which | 42317 |
it is first claimed under this section. | 42318 |
(K) A taxpayer that is a partner in a partnership on the | 42319 |
last day of the third calendar year of the three-year period | 42320 |
during which the partnership pays or incurs eligible training | 42321 |
costs may claim a credit under this section for the tax year | 42322 |
immediately following that calendar year. The amount of a | 42323 |
partner's credit equals the partner's interest in the partnership | 42324 |
on the last day of such calendar year multiplied by the credit | 42325 |
available to the partnership as computed by the partnership. | 42326 |
(L) The director of job and family services shall not | 42327 |
authorize any credits under this section and sections 5725.31, | 42328 |
5729.07, and 5747.39 of the Revised Code for eligible training | 42329 |
costs paid or incurred after December
31,
| 42330 |
Sec. 5735.06. (A) On or before the last day of each month, | 42331 |
each motor fuel dealer shall file with the
| 42332 |
commissioner a report for the preceding calendar month, on forms | 42333 |
prescribed by or in a form acceptable to the tax commissioner. The | 42334 |
report shall include the following information: | 42335 |
(1) An itemized statement of the number of gallons of all | 42336 |
motor fuel received during the preceding calendar month by such | 42337 |
motor fuel dealer, which has been produced, refined, prepared, | 42338 |
distilled, manufactured, blended, or compounded by such motor fuel | 42339 |
dealer in the state; | 42340 |
(2) An itemized statement of the number of gallons of all | 42341 |
motor fuel received by such motor fuel dealer in the state from | 42342 |
any source during the preceding calendar month, other than motor | 42343 |
fuel included in division (A)(1) of this section, together with a | 42344 |
statement showing the date of receipt of such motor fuel; the name | 42345 |
of the person from whom purchased or received; the date of receipt | 42346 |
of each shipment of motor fuel; the point of origin and the point | 42347 |
of destination of each shipment; the quantity of each of said | 42348 |
purchases or shipments; the name of the carrier; the number of | 42349 |
gallons contained in each car if shipped by rail; the point of | 42350 |
origin, destination, and shipper if shipped by pipe line; or the | 42351 |
name and owner of the boat, barge, or vessel if shipped by water; | 42352 |
(3) An itemized statement of the number of gallons of motor | 42353 |
fuel which such motor fuel dealer has during the preceding | 42354 |
calendar month: | 42355 |
(a) For motor fuel other than gasoline sold for use other | 42356 |
than for operating motor vehicles on the public highways or on | 42357 |
waters within the boundaries of this state; | 42358 |
(b) Exported from this state to any other state or foreign | 42359 |
country as provided in division (A)(3) of section 5735.05 of the | 42360 |
Revised Code; | 42361 |
(c) Sold to the United States government or any of its | 42362 |
agencies; | 42363 |
(d) Sold for delivery to motor fuel dealers; | 42364 |
(e) Sold exclusively for use in the operation of aircraft; | 42365 |
(4) Such other information incidental to the enforcement of | 42366 |
the motor fuel laws of the state as the commissioner requires. | 42367 |
(B) The report shall show the tax due, computed as follows: | 42368 |
(1) The following deductions shall be made from the total | 42369 |
number of gallons of motor fuel received by the motor fuel dealer | 42370 |
within the state during the preceding calendar month: | 42371 |
(a) The total number of gallons of motor fuel received by | 42372 |
the motor fuel dealer within the state and sold or otherwise | 42373 |
disposed of during the preceding calendar month as set forth in | 42374 |
section 5735.05 of the Revised Code; | 42375 |
(b) The total number of gallons received during the | 42376 |
preceding calendar month and sold or otherwise disposed of to | 42377 |
another licensed motor fuel dealer pursuant to section 5735.05 of | 42378 |
the Revised Code; | 42379 |
(c) To cover the costs of the motor fuel dealer in compiling | 42380 |
the report, and evaporation, shrinkage, or other unaccounted-for | 42381 |
losses: | 42382 |
(i) If the report is timely filed and the tax is timely | 42383 |
paid, three per cent of the total number of gallons of motor fuel | 42384 |
received by the motor fuel dealer within the state during the | 42385 |
preceding calendar month less the total number of gallons deducted | 42386 |
under divisions (B)(1)(a) and (b) of this section, less one per | 42387 |
cent of the total number of gallons of motor fuel that were sold | 42388 |
to a retail dealer during the preceding calendar month; | 42389 |
(ii) If the report required by division (A) of this section | 42390 |
is not timely filed and the tax is not timely paid, no deduction | 42391 |
shall be allowed; | 42392 |
(iii) If the report is incomplete, no deduction shall be | 42393 |
allowed for any fuel on which the tax is not timely reported and | 42394 |
paid; | 42395 |
(2) The number of gallons remaining after the deductions | 42396 |
have been made shall be multiplied separately by each of the | 42397 |
following amounts: | 42398 |
(a) The cents per gallon rate; | 42399 |
(b) Two cents. | 42400 |
The sum of the products obtained in divisions (B)(2)(a) and | 42401 |
(b) of this section shall be the amount of motor fuel tax for the | 42402 |
preceding calendar month. | 42403 |
(C) The report shall be filed together with payment of the | 42404 |
tax shown on the report to be due, unless the motor fuel dealer is | 42405 |
required by section 5735.062 of the Revised Code to pay the tax by | 42406 |
electronic funds transfer, in which case the dealer shall file the | 42407 |
report pursuant to this section and pay the tax pursuant to | 42408 |
section 5735.062 of the Revised Code. The commissioner may extend | 42409 |
the time for filing reports and may remit all or part of penalties | 42410 |
which may become due under sections 5735.01 to 5735.99 of the | 42411 |
Revised Code.
| 42412 |
42413 | |
42414 | |
42415 | |
42416 | |
42417 | |
section and sections 5735.062 and 5735.12 of the Revised Code, a | 42418 |
report required to be filed under this section is considered filed | 42419 |
when it is received by the
| 42420 |
and remittance of the tax due is considered to be made when the | 42421 |
remittance is received by the
| 42422 |
or when credited to an account designated by the treasurer of | 42423 |
state and the tax commissioner for the receipt of tax remittances. | 42424 |
The tax commissioner shall immediately forward to the treasurer of | 42425 |
state all amounts received under this section. | 42426 |
(D) The tax commissioner may require a motor fuel dealer to | 42427 |
file a report for a period other than one month. Such a report, | 42428 |
together with payment of the tax, shall be filed not later than | 42429 |
thirty days after the last day of the prescribed reporting period. | 42430 |
(E) No person required by this section to file a tax report | 42431 |
shall file a false or fraudulent tax report or supporting | 42432 |
schedule. | 42433 |
Sec. 5735.061. (A) By the fifteenth day of June of 1988, | 42434 |
1989, 1990, 1991, 1992, and 1993, the tax commissioner shall | 42435 |
certify to each dealer the following: | 42436 |
(1) The cents per gallon rate computed for the period that | 42437 |
begins on the first day of July of the current year pursuant to | 42438 |
section 5735.011 of the Revised Code; | 42439 |
(2) The difference between the cents per gallon rate | 42440 |
presently in effect and the cents per gallon rate referred to in | 42441 |
division (A)(1) of this section. | 42442 |
(B) By the thirty-first day of July of each year each motor | 42443 |
fuel dealer shall file with the
| 42444 |
commissioner, on forms prescribed by the commissioner, a report | 42445 |
signed by the motor fuel dealer showing the total number of | 42446 |
gallons of all motor fuel that is held in the inventory of such | 42447 |
motor fuel dealer as of the beginning of business on the first day | 42448 |
of July of such year and on which the motor fuel tax has been | 42449 |
paid. | 42450 |
(C) If the cents per gallon rate referred to in division | 42451 |
(A)(1) of this section is greater than the cents per gallon rate | 42452 |
it replaced, each motor fuel dealer shall pay to the
| 42453 |
42454 | |
division (B) of this section, an amount equal to the product | 42455 |
obtained by multiplying the gallonage referred to in division (B) | 42456 |
of this section by the cents per gallon rate difference referred | 42457 |
to in division (A)(2)
of this section.
| 42458 |
The tax commissioner shall immediately forward to the treasurer of | 42459 |
state all money collected under this section, and such money shall | 42460 |
be treated as revenue arising from the tax levied pursuant to | 42461 |
section 5735.05 of the Revised Code. | 42462 |
(D) If the cents per gallon rate referred to in division | 42463 |
(A)(1) of this section is lower than the cents per gallon rate it | 42464 |
replaced, each motor fuel dealer shall be entitled to a refund in | 42465 |
an amount equal to the product obtained by multiplying the | 42466 |
gallonage referred to in division (B) of this section by the cents | 42467 |
per gallon rate difference referred to in division (A)(2) of this | 42468 |
section. Within forty-five days from the date the motor fuel | 42469 |
dealer files a report pursuant to division (B) of this section, | 42470 |
the tax commissioner shall certify the amount of the refund to the | 42471 |
director of budget and management and treasurer of state for | 42472 |
payment from the tax refund fund created by section 5703.052 of | 42473 |
the Revised Code. | 42474 |
Sec. 5739.01. As used in this chapter: | 42475 |
(A) "Person" includes individuals, receivers, assignees, | 42476 |
trustees in bankruptcy, estates, firms, partnerships, | 42477 |
associations, joint-stock companies, joint ventures, clubs, | 42478 |
societies, corporations, the state and its political subdivisions, | 42479 |
and combinations of individuals of any form. | 42480 |
(B) "Sale" and "selling" include all of the following | 42481 |
transactions for a consideration in any manner, whether absolutely | 42482 |
or conditionally, whether for a price or rental, in money or by | 42483 |
exchange, and by any means whatsoever: | 42484 |
(1) All transactions by which title or possession, or both, | 42485 |
of tangible personal property, is or is to be transferred, or a | 42486 |
license to use or consume tangible personal property is or is to | 42487 |
be granted; | 42488 |
(2) All transactions by which lodging by a hotel is or is to | 42489 |
be furnished to transient guests; | 42490 |
(3) All transactions by which: | 42491 |
(a) An item of tangible personal property is or is to be | 42492 |
repaired, except property, the purchase of which would be exempt | 42493 |
from the tax imposed by section 5739.02 of the Revised Code; | 42494 |
(b) An item of tangible personal property is or is to be | 42495 |
installed, except property, the purchase of which would be exempt | 42496 |
from the tax imposed by section 5739.02 of the Revised Code or | 42497 |
property that is or is to be incorporated into and will become a | 42498 |
part of a production, transmission, transportation, or | 42499 |
distribution system for the delivery of a public utility service; | 42500 |
(c) The service of washing, cleaning, waxing, polishing, or | 42501 |
painting a motor vehicle is or is to be furnished; | 42502 |
(d) Industrial laundry cleaning services are or are to be | 42503 |
provided; | 42504 |
(e) Automatic data processing, computer services, or | 42505 |
electronic information services are or are to be provided for use | 42506 |
in business when the true object of the transaction is the receipt | 42507 |
by the consumer of automatic data processing, computer services, | 42508 |
or electronic information services rather than the receipt of | 42509 |
personal or professional services to which automatic data | 42510 |
processing, computer services, or electronic information services | 42511 |
are incidental or supplemental. Notwithstanding any other | 42512 |
provision of this chapter, such transactions that occur between | 42513 |
members of an affiliated group are not sales. An affiliated group | 42514 |
means two or more persons related in such a way that one person | 42515 |
owns or controls the business operation of another member of the | 42516 |
group. In the case of corporations with stock, one corporation | 42517 |
owns or controls another if it owns more than fifty per cent of | 42518 |
the other corporation's common stock with voting rights. | 42519 |
(f) Telecommunications service is provided that originates | 42520 |
or terminates in this state and is charged in the records of the | 42521 |
telecommunications service vendor to the consumer's telephone | 42522 |
number or account in this state, or that both originates and | 42523 |
terminates in this state; but does not include transactions by | 42524 |
which telecommunications service is paid for by using a prepaid | 42525 |
authorization number or prepaid telephone calling card, or by | 42526 |
which local telecommunications service is obtained from a | 42527 |
coin-operated telephone and paid for by using coin; | 42528 |
(g) Landscaping and lawn care service is or is to be | 42529 |
provided; | 42530 |
(h) Private investigation and security service is or is to | 42531 |
be provided; | 42532 |
(i) Information services or tangible personal property is | 42533 |
provided or ordered by means of a nine hundred telephone call; | 42534 |
(j) Building maintenance and janitorial service is or is to | 42535 |
be provided; | 42536 |
(k) Employment service is or is to be provided; | 42537 |
(l) Employment placement service is or is to be provided; | 42538 |
(m) Exterminating service is or is to be provided; | 42539 |
(n) Physical fitness facility service is or is to be | 42540 |
provided; | 42541 |
(o) Recreation and sports club service is or is to be | 42542 |
provided. | 42543 |
(4) All transactions by which printed, imprinted, | 42544 |
overprinted, lithographic, multilithic, blueprinted, photostatic, | 42545 |
or other productions or reproductions of written or graphic matter | 42546 |
are or are to be furnished or transferred; | 42547 |
(5) The production or fabrication of tangible personal | 42548 |
property for a consideration for consumers who furnish either | 42549 |
directly or indirectly the materials used in the production of | 42550 |
fabrication work; and include the furnishing, preparing, or | 42551 |
serving for a consideration of any tangible personal property | 42552 |
consumed on the premises of the person furnishing, preparing, or | 42553 |
serving such tangible personal property. Except as provided in | 42554 |
section 5739.03 of the Revised Code, a construction contract | 42555 |
pursuant to which tangible personal property is or is to be | 42556 |
incorporated into a structure or improvement on and becoming a | 42557 |
part of real property is not a sale of such tangible personal | 42558 |
property. The construction contractor is the consumer of such | 42559 |
tangible personal property, provided that the sale and | 42560 |
installation of carpeting, the sale and installation of | 42561 |
agricultural land tile, the sale and erection or installation of | 42562 |
portable grain bins, or the provision of landscaping and lawn care | 42563 |
service and the transfer of property as part of such service is | 42564 |
never a construction contract. The transfer of copyrighted motion | 42565 |
picture films for exhibition purposes is not a sale, except such | 42566 |
films as are used solely for advertising purposes. Other than as | 42567 |
provided in this section, "sale" and "selling" do not include | 42568 |
professional, insurance, or personal service
transactions
| 42569 |
that involve the transfer of tangible personal property as an | 42570 |
inconsequential element, for which no separate charges are made. | 42571 |
As used in division (B)(5) of this section: | 42572 |
(a) "Agricultural land tile" means fired clay or concrete | 42573 |
tile, or flexible or rigid perforated plastic pipe or tubing, | 42574 |
incorporated or to be incorporated into a subsurface drainage | 42575 |
system appurtenant to land used or to be used directly in | 42576 |
production by farming, agriculture, horticulture, or floriculture. | 42577 |
The term does not include such materials when they are or are to | 42578 |
be incorporated into a drainage system appurtenant to a building | 42579 |
or structure even if the building or structure is used or to be | 42580 |
used in such production. | 42581 |
(b) "Portable grain bin" means a structure that is used or | 42582 |
to be used by a person engaged in farming or agriculture to | 42583 |
shelter the person's grain and that is designed to be disassembled | 42584 |
without significant damage to its component parts. | 42585 |
(6) All transactions in which all of the shares of stock of | 42586 |
a closely held corporation are transferred, if the corporation is | 42587 |
not engaging in business and its entire assets consist of boats, | 42588 |
planes, motor vehicles, or other tangible personal property | 42589 |
operated primarily for the use and enjoyment of the shareholders; | 42590 |
(7) All transactions in which a warranty, maintenance or | 42591 |
service contract, or similar agreement by which the vendor of the | 42592 |
warranty, contract, or agreement agrees to repair or maintain the | 42593 |
tangible personal property of the consumer is or is to be | 42594 |
provided; | 42595 |
(8) All transactions by which a prepaid authorization number | 42596 |
or a prepaid telephone calling card is or is to be transferred. | 42597 |
(C) "Vendor" means the person providing the service or by | 42598 |
whom the transfer effected or license given by a sale is or is to | 42599 |
be made or given and, for sales described in division (B)(3)(i) of | 42600 |
this section, the telecommunications service vendor that provides | 42601 |
the nine hundred telephone service; if two or more persons are | 42602 |
engaged in business at the same place of business under a single | 42603 |
trade name in which all collections on account of sales by each | 42604 |
are made, such persons shall constitute a single vendor. | 42605 |
Physicians, dentists, hospitals, and veterinarians who are | 42606 |
engaged in selling tangible personal property as received from | 42607 |
others, such as eyeglasses, mouthwashes, dentifrices, or similar | 42608 |
articles, are vendors. Veterinarians who are engaged in | 42609 |
transferring to others for a consideration drugs, the dispensing | 42610 |
of which does not require an order of a licensed veterinarian or | 42611 |
physician under federal law, are vendors. | 42612 |
(D)(1) "Consumer" means the person for whom the service is | 42613 |
provided, to whom the transfer effected or license given by a sale | 42614 |
is or is to be made or given, to whom the service described in | 42615 |
division (B)(3)(f) or (i) of this section is charged, or to whom | 42616 |
the admission is granted. | 42617 |
(2) Physicians, dentists, hospitals, and blood banks | 42618 |
operated by nonprofit institutions and persons licensed to | 42619 |
practice veterinary medicine, surgery, and dentistry are consumers | 42620 |
of all tangible personal property and services purchased by them | 42621 |
in connection with the practice of medicine, dentistry, the | 42622 |
rendition of hospital or blood bank service, or the practice of | 42623 |
veterinary medicine, surgery, and dentistry. In addition to being | 42624 |
consumers of drugs administered by them or by their assistants | 42625 |
according to their direction, veterinarians also are consumers of | 42626 |
drugs that under federal law may be dispensed only by or upon the | 42627 |
order of a licensed veterinarian or physician, when transferred by | 42628 |
them to others for a consideration to provide treatment to animals | 42629 |
as directed by the veterinarian. | 42630 |
(3) A person who performs a facility management, or similar | 42631 |
service contract for a contractee is a consumer of all tangible | 42632 |
personal property and services purchased for use in connection | 42633 |
with the performance of such contract, regardless of whether title | 42634 |
to any such property vests in the contractee. The purchase of | 42635 |
such property and services is not subject to the exception for | 42636 |
resale under division (E)(1) of this section. | 42637 |
(4)(a) In the case of a person who purchases printed matter | 42638 |
for the purpose of distributing it or having it distributed to the | 42639 |
public or to a designated segment of the public, free of charge, | 42640 |
that person is the consumer of that printed matter, and the | 42641 |
purchase of that printed matter for that purpose is a sale. | 42642 |
(b) In the case of a person who produces, rather than | 42643 |
purchases, printed matter for the purpose of distributing it or | 42644 |
having it distributed to the public or to a designated segment of | 42645 |
the public, free of charge, that person is the consumer of all | 42646 |
tangible personal property and services purchased for use or | 42647 |
consumption in the production of that printed matter. That person | 42648 |
is not entitled to claim exception under division (E)(8) of this | 42649 |
section for any material incorporated into the printed matter or | 42650 |
any equipment, supplies, or services primarily used to produce the | 42651 |
printed matter. | 42652 |
(c) The distribution of printed matter to the public or to a | 42653 |
designated segment of the public, free of charge, is not a sale to | 42654 |
the members of the public to whom the printed matter is | 42655 |
distributed or to any persons who purchase space in the printed | 42656 |
matter for advertising or other purposes. | 42657 |
(5) A person who makes sales of any of the services listed | 42658 |
in division (B)(3) of this section is the consumer of any tangible | 42659 |
personal property used in performing the service. The purchase of | 42660 |
that property is not subject to the resale exception under | 42661 |
division (E)(1) of this section. | 42662 |
(E) "Retail sale" and "sales at retail" include all sales | 42663 |
except those in which the purpose of the consumer is: | 42664 |
(1) To resell the thing transferred or benefit of the | 42665 |
service provided, by a person engaging in business, in the form in | 42666 |
which the same is, or is to be, received by the person; | 42667 |
(2) To incorporate the thing transferred as a material or a | 42668 |
part, into tangible personal property to be produced for sale by | 42669 |
manufacturing, assembling, processing, or refining, or to use or | 42670 |
consume the thing transferred directly in producing a product for | 42671 |
sale by mining, including without limitation the extraction from | 42672 |
the earth of all
substances
| 42673 |
minerals, production of crude oil and natural gas, farming, | 42674 |
agriculture, horticulture, or floriculture, and persons engaged in | 42675 |
rendering farming, agricultural, horticultural, or floricultural | 42676 |
services, and services in the exploration for, and production of, | 42677 |
crude oil and natural gas, for others are deemed engaged directly | 42678 |
in farming, agriculture, horticulture, and floriculture, or | 42679 |
exploration for, and production of, crude oil and natural gas; | 42680 |
directly in the rendition of a public utility service, except that | 42681 |
the sales tax levied by section 5739.02 of the Revised Code shall | 42682 |
be collected upon all meals, drinks, and food for human | 42683 |
consumption sold upon Pullman and railroad coaches. This | 42684 |
paragraph does not exempt or except from "retail sale" or "sales | 42685 |
at retail" the sale of tangible personal property that is to be | 42686 |
incorporated into a structure or improvement to real property. | 42687 |
(3) To hold the thing transferred as security for the | 42688 |
performance of an obligation of the vendor; | 42689 |
(4) To use or consume the thing transferred in the process | 42690 |
of reclamation as required by Chapters 1513. and 1514. of the | 42691 |
Revised Code; | 42692 |
(5) To resell, hold, use, or consume the thing transferred | 42693 |
as evidence of a contract of insurance; | 42694 |
(6) To use or consume the thing directly in commercial | 42695 |
fishing; | 42696 |
(7) To incorporate the thing transferred as a material or a | 42697 |
part into, or to use or consume the thing transferred directly in | 42698 |
the production of, magazines distributed as controlled circulation | 42699 |
publications; | 42700 |
(8) To use or consume the thing transferred in the | 42701 |
production and preparation in suitable condition for market and | 42702 |
sale of printed, imprinted, overprinted, lithographic, | 42703 |
multilithic, blueprinted, photostatic, or other productions or | 42704 |
reproductions of written or graphic matter; | 42705 |
(9) To use the thing transferred, as described in section | 42706 |
5739.011 of the Revised Code, primarily in a manufacturing | 42707 |
operation to produce tangible personal property for sale; | 42708 |
(10) To use the benefit of a warranty, maintenance or | 42709 |
service contract, or similar agreement, as defined in division | 42710 |
(B)(7) of this section, to repair or maintain tangible personal | 42711 |
property, if all of the property that is the subject of the | 42712 |
warranty, contract, or agreement would be exempt on its purchase | 42713 |
from the tax imposed by section 5739.02 of the Revised Code; | 42714 |
(11) To use the thing transferred as qualified research and | 42715 |
development equipment; | 42716 |
(12) To use or consume the thing transferred primarily in | 42717 |
storing, transporting, mailing, or otherwise handling purchased | 42718 |
sales inventory in a warehouse, distribution center, or similar | 42719 |
facility when the inventory is primarily distributed outside this | 42720 |
state to retail stores of the person who owns or controls the | 42721 |
warehouse, distribution center, or similar facility, to retail | 42722 |
stores of an affiliated group of which that person is a member, or | 42723 |
by means of direct marketing. Division (E)(12) of this section | 42724 |
does not apply to motor vehicles registered for operation on the | 42725 |
public highways. As used in division (E)(12) of this section, | 42726 |
"affiliated group" has the same meaning as in division (B)(3)(e) | 42727 |
of this section and "direct marketing" has the same meaning as in | 42728 |
division (B)(37) of section 5739.02 of the Revised Code. | 42729 |
(13) To use or consume the thing transferred to fulfill a | 42730 |
contractual obligation incurred by a warrantor pursuant to a | 42731 |
warranty provided as a part of the price of the tangible personal | 42732 |
property sold or by a vendor of a warranty, maintenance or service | 42733 |
contract, or similar agreement the provision of which is defined | 42734 |
as a sale under division (B)(7) of this section; | 42735 |
(14) To use or consume the thing transferred in the | 42736 |
production of a newspaper for distribution to the public; | 42737 |
(15) To use tangible personal property to perform a service | 42738 |
listed in division (B)(3) of this section, if the property is or | 42739 |
is to be permanently transferred to the consumer of the service as | 42740 |
an integral part of the performance of the service. | 42741 |
As used in division (E) of this section, "thing" includes all | 42742 |
transactions included in divisions (B)(3)(a), (b), and (e) of this | 42743 |
section. | 42744 |
Sales conducted through a coin-operated device that activates | 42745 |
vacuum equipment or equipment that dispenses water, whether or not | 42746 |
in combination with soap or other cleaning agents or wax, to the | 42747 |
consumer for the consumer's use on the premises in washing, | 42748 |
cleaning, or waxing a motor vehicle, provided no other personal | 42749 |
property or personal service is provided as part of the | 42750 |
transaction, are not retail sales or sales at retail. | 42751 |
(F) "Business" includes any activity engaged in by any | 42752 |
person with the object of gain, benefit, or advantage, either | 42753 |
direct or indirect. "Business" does not include the activity of a | 42754 |
person in managing and investing the person's own funds. | 42755 |
(G) "Engaging in business" means commencing, conducting, or | 42756 |
continuing in business, and liquidating a business when the | 42757 |
liquidator thereof holds
| 42758 |
conducting such business. Making a casual sale is not engaging in | 42759 |
business. | 42760 |
(H)(1) "Price," except as provided in divisions (H)(2) and | 42761 |
(3) of this section, means the aggregate value in money of | 42762 |
anything paid or delivered, or promised to be paid or delivered, | 42763 |
in the complete performance of a retail sale, without any | 42764 |
deduction on account of the cost of the property sold, cost of | 42765 |
materials used, labor or service cost, interest, discount paid or | 42766 |
allowed after the sale is consummated, or any other expense. If | 42767 |
the retail sale consists of the rental or lease of tangible | 42768 |
personal property, "price" means the aggregate value in money of | 42769 |
anything paid or delivered, or promised to be paid or delivered, | 42770 |
in the complete performance of the rental or lease, without any | 42771 |
deduction for tax, interest, labor or service charge, damage | 42772 |
liability waiver, termination or damage charge, discount paid or | 42773 |
allowed after the lease is consummated, or any other expense. The | 42774 |
sales tax shall be calculated and collected by the lessor on each | 42775 |
payment made by the lessee. Price does not include the | 42776 |
consideration received as a deposit refundable to the consumer | 42777 |
upon return of a beverage container, the consideration received as | 42778 |
a deposit on a carton or case that is used for such returnable | 42779 |
containers, or the consideration received as a refundable security | 42780 |
deposit for the use of tangible personal property to the extent | 42781 |
that it actually is refunded, if the consideration for such | 42782 |
refundable deposit is separately stated from the consideration | 42783 |
received or to be received for the tangible personal property | 42784 |
transferred in the retail sale. Such separation must appear in | 42785 |
the sales agreement or on the initial invoice or initial billing | 42786 |
rendered by the vendor to the consumer. Price is the amount | 42787 |
received inclusive of the tax, provided the vendor establishes to | 42788 |
the satisfaction of the tax commissioner that the tax was added to | 42789 |
the price. When the price includes both a charge for tangible | 42790 |
personal property and a charge for providing a service and the | 42791 |
sale of the property and the charge for the service are separately | 42792 |
taxable, or have a separately determinable tax status, the price | 42793 |
shall be separately stated for each such charge so the tax can be | 42794 |
correctly computed and charged. | 42795 |
The tax collected by the vendor from the consumer under this | 42796 |
chapter is not part of the price, but is a tax collection for the | 42797 |
benefit of the state and of counties levying an additional sales | 42798 |
tax pursuant to section 5739.021 or 5739.026 of the Revised Code | 42799 |
and of transit authorities levying an additional sales tax | 42800 |
pursuant to section 5739.023 of the Revised Code. Except for the | 42801 |
discount authorized in section 5739.12 of the Revised Code, no | 42802 |
person other than the state or such a county or transit authority | 42803 |
shall derive any benefit from the collection or payment of such | 42804 |
tax. | 42805 |
(2) In the case of a sale of any new motor vehicle by a new | 42806 |
motor vehicle dealer, as defined in section 4517.01 of the Revised | 42807 |
Code, in which another motor vehicle is accepted by the dealer as | 42808 |
part of the consideration received, "price" has the same meaning | 42809 |
as in division (H)(1) of this section, reduced by the credit | 42810 |
afforded the consumer by the dealer for the motor vehicle received | 42811 |
in trade. | 42812 |
(3) In the case of a sale of any watercraft or outboard | 42813 |
motor by a watercraft dealer licensed in accordance with section | 42814 |
1547.543 of the Revised Code, in which another watercraft, | 42815 |
watercraft and trailer, or outboard motor is accepted by the | 42816 |
dealer as part of the consideration received, "price" has the same | 42817 |
meaning as in division (H)(1) of this section, reduced by the | 42818 |
credit afforded the consumer by the dealer for the watercraft, | 42819 |
watercraft and trailer, or outboard motor received in trade. As | 42820 |
used in division (H)(3) of this section, "watercraft" includes an | 42821 |
outdrive unit attached to the watercraft. | 42822 |
(I) "Receipts" means the total amount of the prices of the | 42823 |
sales of vendors, provided that cash discounts allowed and taken | 42824 |
on sales at the time they are consummated are not included, minus | 42825 |
any amount deducted as a bad debt pursuant to section 5739.121 of | 42826 |
the Revised Code. "Receipts" does not include the sale price of | 42827 |
property returned or services rejected by consumers when the full | 42828 |
sale price and tax are refunded either in cash or by credit. | 42829 |
(J) "Place of business" means any location at which a person | 42830 |
engages in business. | 42831 |
(K) "Premises" includes any real property or portion thereof | 42832 |
upon which any person engages in selling tangible personal | 42833 |
property at retail or making retail sales and also includes any | 42834 |
real property or portion thereof designated for, or devoted to, | 42835 |
use in conjunction with the business engaged in by such person. | 42836 |
(L) "Casual sale" means a sale of an item of tangible | 42837 |
personal property
| 42838 |
sale, through purchase or otherwise, for the person's own use in | 42839 |
this
state and
| 42840 |
jurisdiction on its sale or use, and includes such items acquired | 42841 |
for the seller's use
| 42842 |
directly by the person for such purpose, provided the location of | 42843 |
such sales is not the auctioneer's permanent place of business. As | 42844 |
used in this division, "permanent place of business" includes any | 42845 |
location where such auctioneer has conducted more than two | 42846 |
auctions during the year. | 42847 |
(M) "Hotel" means every establishment kept, used, | 42848 |
maintained, advertised, or held out to the public to be a place | 42849 |
where sleeping accommodations are offered to guests | 42850 |
includes only those establishments in which five or more rooms are | 42851 |
used for the accommodation of such guests,
whether
| 42852 |
are in one or several structures, except as specified by a board | 42853 |
of county commissioners, a board of township trustees, or the | 42854 |
legislative authority of a municipal corporation as provided in | 42855 |
division (G) of section 5739.024 of the Revised Code. | 42856 |
(N) "Transient guests" means persons occupying a room or | 42857 |
rooms for sleeping accommodations for less than thirty consecutive | 42858 |
days. | 42859 |
(O) "Making retail sales" means the effecting of | 42860 |
transactions wherein one party is obligated to pay the price and | 42861 |
the other party is obligated to provide a service or to transfer | 42862 |
title to or possession of the item sold. "Making retail sales" | 42863 |
does not include the preliminary acts of promoting or soliciting | 42864 |
the retail sales, other than the distribution of printed matter | 42865 |
which displays or describes and prices the item offered for sale, | 42866 |
nor does it include delivery of a predetermined quantity of | 42867 |
tangible personal property or transportation of property or | 42868 |
personnel to or from a place where a service is performed, | 42869 |
regardless of whether the vendor is a delivery vendor. | 42870 |
(P) "Used directly in the rendition of a public utility | 42871 |
service" means that property which is to be incorporated into and | 42872 |
will become a part of the consumer's production, transmission, | 42873 |
transportation, or distribution system and
| 42874 |
classification as tangible personal property after such | 42875 |
incorporation; fuel or power used in the production, transmission, | 42876 |
transportation, or distribution system; and tangible personal | 42877 |
property used in the repair and maintenance of the production, | 42878 |
transmission, transportation, or distribution system, including | 42879 |
only such motor vehicles as are specially designed and equipped | 42880 |
for such use. Tangible personal property and services used | 42881 |
primarily in providing highway transportation for hire are not | 42882 |
used in providing a public utility service as defined in this | 42883 |
division. | 42884 |
(Q) "Refining" means removing or separating a desirable | 42885 |
product from raw or contaminated materials by distillation or | 42886 |
physical, mechanical, or chemical processes. | 42887 |
(R) "Assembly" and "assembling" mean attaching or fitting | 42888 |
together parts to form a product, but do not include packaging a | 42889 |
product. | 42890 |
(S) "Manufacturing operation" means a process in which | 42891 |
materials are changed, converted, or transformed into a different | 42892 |
state or form from which they previously existed and includes | 42893 |
refining materials, assembling parts, and preparing raw materials | 42894 |
and parts by mixing, measuring, blending, or otherwise committing | 42895 |
such materials or parts to the manufacturing process. | 42896 |
"Manufacturing operation" does not include packaging. | 42897 |
(T) "Fiscal officer" means, with respect to a regional | 42898 |
transit authority, the secretary-treasurer thereof, and with | 42899 |
respect to a county
| 42900 |
officer of the county transit board if one is appointed pursuant | 42901 |
to section 306.03 of the Revised Code or the county auditor if the | 42902 |
board of county commissioners operates the county transit system. | 42903 |
(U) "Transit authority" means a regional transit authority | 42904 |
created pursuant to section 306.31 of the Revised Code or a county | 42905 |
in which a county transit system is created pursuant to section | 42906 |
306.01 of the Revised Code. For the purposes of this chapter, a | 42907 |
transit authority must extend to at least the entire area of a | 42908 |
single county. A transit authority
| 42909 |
in more than one county must include all the area of the most | 42910 |
populous county
| 42911 |
County population shall be measured by the most recent census | 42912 |
taken by the United States census bureau. | 42913 |
(V) "Legislative authority" means, with respect to a | 42914 |
regional transit authority, the board of trustees thereof, and | 42915 |
with respect to a county
| 42916 |
board of county commissioners. | 42917 |
(W) "Territory of the transit authority" means all of the | 42918 |
area included within the territorial boundaries of a transit | 42919 |
authority as they from time to time exist. Such territorial | 42920 |
boundaries must at all times include all the area of a single | 42921 |
county or all the area of the most populous county
| 42922 |
part of such transit authority. County population shall be | 42923 |
measured by the most recent census taken by the United States | 42924 |
census bureau. | 42925 |
(X) "Providing a service" means providing or furnishing | 42926 |
anything described in division (B)(3) of this section for | 42927 |
consideration. | 42928 |
(Y)(1)(a) "Automatic data processing" means processing of | 42929 |
others' data, including keypunching or similar data entry services | 42930 |
together with verification thereof, or providing access to | 42931 |
computer equipment for the purpose of processing data. | 42932 |
(b) "Computer services" means providing services consisting | 42933 |
of specifying computer hardware configurations and evaluating | 42934 |
technical processing characteristics, computer programming, and | 42935 |
training of computer programmers and operators, provided in | 42936 |
conjunction with and to support the sale, lease, or operation of | 42937 |
taxable computer equipment or systems. | 42938 |
(c) "Electronic information services" means providing access | 42939 |
to computer equipment by means of telecommunications equipment for | 42940 |
the purpose of either of the following: | 42941 |
(i) Examining or acquiring data stored in or accessible to | 42942 |
the computer equipment; | 42943 |
(ii) Placing data into the computer equipment to be | 42944 |
retrieved by designated recipients with access to the computer | 42945 |
equipment. | 42946 |
(d) "Automatic data processing, computer services, or | 42947 |
electronic information services" shall not include personal or | 42948 |
professional services. | 42949 |
(2) As used in divisions (B)(3)(e) and (Y)(1) of this | 42950 |
section, "personal and professional services" means all services | 42951 |
other than automatic data processing, computer services, or | 42952 |
electronic information services, including but not limited to: | 42953 |
(a) Accounting and legal services such as advice on tax | 42954 |
matters, asset management, budgetary matters, quality control, | 42955 |
information security, and auditing and any other situation where | 42956 |
the service provider receives data or information and studies, | 42957 |
alters, analyzes, interprets, or adjusts such material; | 42958 |
(b) Analyzing business policies and procedures; | 42959 |
(c) Identifying management information needs; | 42960 |
(d) Feasibility studies, including economic and technical | 42961 |
analysis of existing or potential computer hardware or software | 42962 |
needs and alternatives; | 42963 |
(e) Designing policies, procedures, and custom software for | 42964 |
collecting business information, and determining how data should | 42965 |
be summarized, sequenced, formatted, processed, controlled, and | 42966 |
reported so that it will be meaningful to management; | 42967 |
(f) Developing policies and procedures that document how | 42968 |
business events and transactions are to be authorized, executed, | 42969 |
and controlled; | 42970 |
(g) Testing of business procedures; | 42971 |
(h) Training personnel in business procedure applications; | 42972 |
(i) Providing credit information to users of such | 42973 |
information by a consumer reporting agency, as defined in the | 42974 |
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. | 42975 |
1681a(f), or as hereafter amended, including but not limited to | 42976 |
gathering, organizing, analyzing, recording, and furnishing such | 42977 |
information by any oral, written, graphic, or electronic medium; | 42978 |
(j) Providing debt collection services by any oral, written, | 42979 |
graphic, or electronic means. | 42980 |
The services listed in divisions (Y)(2)(a) to (j) of this | 42981 |
section are not automatic data processing or computer services. | 42982 |
(Z) "Highway transportation for hire" means the | 42983 |
transportation of personal property belonging to others for | 42984 |
consideration by any of the following: | 42985 |
(1) The holder of a permit or certificate issued by this | 42986 |
state or the United States authorizing the holder to engage in | 42987 |
transportation of personal property belonging to others for | 42988 |
consideration over or on highways, roadways, streets, or any | 42989 |
similar public thoroughfare; | 42990 |
(2) A person who engages in the transportation of personal | 42991 |
property belonging to others for consideration over or on | 42992 |
highways, roadways, streets, or any similar public thoroughfare | 42993 |
but who could not have engaged in such transportation on December | 42994 |
11, 1985, unless the person was the holder of a permit or | 42995 |
certificate of the types described in division (Z)(1) of this | 42996 |
section; | 42997 |
(3) A person who leases a motor vehicle to and operates it | 42998 |
for a person described by division (Z)(1) or (2) of this section. | 42999 |
(AA) "Telecommunications service" means the transmission of | 43000 |
any interactive, two-way electromagnetic communications, including | 43001 |
voice, image, data, and information, through the use of any medium | 43002 |
such as wires, cables, microwaves, cellular radio, radio waves, | 43003 |
light waves, or any combination of those or similar media. | 43004 |
"Telecommunications service" includes message toll service even | 43005 |
though the vendor provides the message toll service by means of | 43006 |
wide area transmission type service or private communications | 43007 |
service purchased from another telecommunications service | 43008 |
provider, but does not include any of the following: | 43009 |
(1) Sales of incoming or outgoing wide area transmission | 43010 |
service or wide area transmission type service, including eight | 43011 |
hundred or eight-hundred-type service, to the person contracting | 43012 |
for the receipt of that service; | 43013 |
(2) Sales of private communications service to the person | 43014 |
contracting for the receipt of that service that entitles the | 43015 |
purchaser to exclusive or priority use of a communications channel | 43016 |
or group of channels between exchanges; | 43017 |
(3) Sales of telecommunications service by companies subject | 43018 |
to the excise tax imposed by Chapter 5727. of the Revised Code; | 43019 |
(4) Sales of telecommunications service to a provider of | 43020 |
telecommunications service, including access services, for use in | 43021 |
providing telecommunications service; | 43022 |
(5) Value-added nonvoice services in which computer | 43023 |
processing applications are used to act on the form, content, | 43024 |
code, or protocol of the information to be transmitted; | 43025 |
(6) Transmission of interactive video programming by a cable | 43026 |
television system as defined in section 505.90 of the Revised | 43027 |
Code. | 43028 |
(BB) "Industrial laundry cleaning services" means removing | 43029 |
soil or dirt from or supplying towels, linens, or articles of | 43030 |
clothing that belong to others and are used in a trade or | 43031 |
business. | 43032 |
(CC) "Magazines distributed as controlled circulation | 43033 |
publications" means magazines containing at least twenty-four | 43034 |
pages, at least twenty-five per cent editorial content, issued at | 43035 |
regular intervals four or more times a year, and circulated | 43036 |
without charge to the recipient, provided that such magazines are | 43037 |
not owned or controlled by individuals or business concerns which | 43038 |
conduct such publications as an auxiliary to, and essentially for | 43039 |
the advancement of the main business or calling of, those who own | 43040 |
or control them. | 43041 |
(DD) "Landscaping and lawn care service" means the services | 43042 |
of planting, seeding, sodding, removing, cutting, trimming, | 43043 |
pruning, mulching, aerating, applying chemicals, watering, | 43044 |
fertilizing, and providing similar services to establish, promote, | 43045 |
or control the growth of trees, shrubs, flowers, grass, ground | 43046 |
cover, and other flora, or otherwise maintaining a lawn or | 43047 |
landscape grown or maintained by the owner for ornamentation or | 43048 |
other nonagricultural purpose. However, "landscaping and lawn | 43049 |
care service" does not include the providing of such services by a | 43050 |
person who has less than five thousand dollars in sales of such | 43051 |
services during the calendar year. | 43052 |
(EE) "Private investigation and security service" means the | 43053 |
performance of any activity for which the provider of such service | 43054 |
is required to be licensed pursuant to Chapter 4749. of the | 43055 |
Revised Code, or would be required to be so licensed in performing | 43056 |
such services in this state, and also includes the services of | 43057 |
conducting polygraph examinations and of monitoring or overseeing | 43058 |
the activities on or in, or the condition of, the consumer's home, | 43059 |
business, or other facility by means of electronic or similar | 43060 |
monitoring devices. "Private investigation and security service" | 43061 |
does not include special duty services provided by off-duty police | 43062 |
officers, deputy sheriffs, and other peace officers regularly | 43063 |
employed by the state or a political subdivision. | 43064 |
(FF) "Information services" means providing conversation, | 43065 |
giving consultation or advice, playing or making a voice or other | 43066 |
recording, making or keeping a record of the number of callers, | 43067 |
and any other service provided to a consumer by means of a nine | 43068 |
hundred telephone call, except when the nine hundred telephone | 43069 |
call is the means by which the consumer makes a contribution to a | 43070 |
recognized charity. | 43071 |
(GG) "Research and development" means designing, creating, | 43072 |
or formulating new or enhanced products, equipment, or | 43073 |
manufacturing processes, and conducting scientific or | 43074 |
technological inquiry and experimentation in the physical sciences | 43075 |
with the goal of increasing scientific knowledge which may reveal | 43076 |
the bases for new or enhanced products, equipment, or | 43077 |
manufacturing processes. | 43078 |
(HH) "Qualified research and development equipment" means | 43079 |
capitalized tangible personal property, and leased personal | 43080 |
property that would be capitalized if purchased, used by a person | 43081 |
primarily to perform research and development. Tangible personal | 43082 |
property primarily used in testing, as defined in division (A)(4) | 43083 |
of section 5739.011 of the Revised Code, or used for recording or | 43084 |
storing test results, is not qualified research and development | 43085 |
equipment unless such property is primarily used by the consumer | 43086 |
in testing the product, equipment, or manufacturing process being | 43087 |
created, designed, or formulated by the consumer in the research | 43088 |
and development activity or in recording or storing such test | 43089 |
results. | 43090 |
(II) "Building maintenance and janitorial service" means | 43091 |
cleaning the interior or exterior of a building and any tangible | 43092 |
personal property located therein or thereon, including any | 43093 |
services incidental to such cleaning for which no separate charge | 43094 |
is made. However, "building maintenance and janitorial service" | 43095 |
does not include the providing of such service by a person who has | 43096 |
less than five thousand dollars in sales of such service during | 43097 |
the calendar year. | 43098 |
(JJ) "Employment service" means providing or supplying | 43099 |
personnel, on a temporary or long-term basis, to perform work or | 43100 |
labor under the supervision or control of another, when the | 43101 |
personnel so supplied receive their wages, salary, or other | 43102 |
compensation from the provider of the service. "Employment | 43103 |
service" does not include: | 43104 |
(1) Acting as a contractor or subcontractor, where the | 43105 |
personnel performing the work are not under the direct control of | 43106 |
the purchaser. | 43107 |
(2) Medical and health care services. | 43108 |
(3) Supplying personnel to a purchaser pursuant to a | 43109 |
contract of at least one year between the service provider and the | 43110 |
purchaser that specifies that each employee covered under the | 43111 |
contract is assigned to the purchaser on a permanent basis. | 43112 |
(4) Transactions between members of an affiliated group, as | 43113 |
defined in division (B)(3)(e) of this section. | 43114 |
(KK) "Employment placement service" means locating or | 43115 |
finding employment for a person or finding or locating an employee | 43116 |
to fill an available position. | 43117 |
(LL) "Exterminating service" means eradicating or attempting | 43118 |
to eradicate vermin infestations from a building or structure, or | 43119 |
the area surrounding a building or structure, and includes | 43120 |
activities to inspect, detect, or prevent vermin infestation of a | 43121 |
building or structure. | 43122 |
(MM) "Physical fitness facility service" means all | 43123 |
transactions by which a membership is granted, maintained, or | 43124 |
renewed, including initiation fees, membership dues, renewal fees, | 43125 |
monthly minimum fees, and other similar fees and dues, by a | 43126 |
physical fitness facility such as an athletic club, health spa, or | 43127 |
gymnasium, which entitles the member to use the facility for | 43128 |
physical exercise. | 43129 |
(NN) "Recreation and sports club service" means all | 43130 |
transactions by which a membership is granted, maintained, or | 43131 |
renewed, including initiation fees, membership dues, renewal fees, | 43132 |
monthly minimum fees, and other similar fees and dues, by a | 43133 |
recreation and sports club, which entitles the member to use the | 43134 |
facilities of the organization. "Recreation and sports club" | 43135 |
means an organization that has ownership of, or controls or leases | 43136 |
on a continuing, long-term basis, the facilities used by its | 43137 |
members and includes an aviation club, gun or shooting club, yacht | 43138 |
club, card club, swimming club, tennis club, golf club, country | 43139 |
club, riding club, amateur sports club, or similar organization. | 43140 |
(OO) "Livestock" means farm animals commonly raised for food | 43141 |
or food production, and includes but is not limited to cattle, | 43142 |
sheep, goats, swine, and poultry. "Livestock" does not include | 43143 |
invertebrates, fish, amphibians, reptiles, horses, domestic pets, | 43144 |
animals for use in laboratories or for exhibition, or other | 43145 |
animals not commonly raised for food or food production. | 43146 |
(PP) "Livestock structure" means a building or structure | 43147 |
used exclusively for the housing, raising, feeding, or sheltering | 43148 |
of livestock, and includes feed storage or handling structures and | 43149 |
structures for livestock waste handling. | 43150 |
(QQ) "Horticulture" means the growing, cultivation, and | 43151 |
production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 43152 |
and nursery stock. As used in this division, "nursery stock" has | 43153 |
the same meaning as in section 927.51 of the Revised Code. | 43154 |
(RR) "Horticulture structure" means a building or structure | 43155 |
used exclusively for the commercial growing, raising, or | 43156 |
overwintering of horticultural products, and includes the area | 43157 |
used for stocking, storing, and packing horticultural products | 43158 |
when done in conjunction with the production of those products. | 43159 |
(SS) "Newspaper" means an unbound publication bearing a | 43160 |
title or name that is regularly published, at least as frequently | 43161 |
as biweekly, and distributed from a fixed place of business to the | 43162 |
public in a specific geographic area, and that contains a | 43163 |
substantial amount of news matter of international, national, or | 43164 |
local events of interest to the general public. | 43165 |
(TT) "Professional racing team" means a person that employs | 43166 |
at least twenty full-time employees for the purpose of conducting | 43167 |
a motor vehicle racing business for profit. The person must | 43168 |
conduct the business with the purpose of racing one or more motor | 43169 |
racing vehicles in at least ten competitive professional racing | 43170 |
events each year that comprise all or part of a motor racing | 43171 |
series sanctioned by one or more motor racing sanctioning | 43172 |
organizations. A "motor racing vehicle" means a vehicle for which | 43173 |
the chassis, engine, and parts are designed exclusively for motor | 43174 |
racing, and does not include a stock or production model vehicle | 43175 |
that may be modified for use in racing. For the purposes of this | 43176 |
division: | 43177 |
(1) A "competitive professional racing event" is a motor | 43178 |
vehicle racing event sanctioned by one or more motor racing | 43179 |
sanctioning organizations, at which aggregate cash prizes in | 43180 |
excess of eight hundred thousand dollars are awarded to the | 43181 |
competitors. | 43182 |
(2) "Full-time employee" means an individual who is employed | 43183 |
for consideration for thirty-five or more hours a week, or who | 43184 |
renders any other standard of service generally accepted by custom | 43185 |
or specified by contract as full-time employment. | 43186 |
(UU)(1) "Prepaid authorization number" means a numeric or | 43187 |
alphanumeric combination that represents a prepaid account that | 43188 |
can be used by the account holder solely to obtain | 43189 |
telecommunications service, and includes any renewals or increases | 43190 |
in the prepaid account. | 43191 |
(2) "Prepaid telephone calling card" means a tangible item | 43192 |
that contains a prepaid authorization number that can be used | 43193 |
solely to obtain telecommunications service, and includes any | 43194 |
renewals or increases in the prepaid account. | 43195 |
Sec. 5739.02. For the purpose of providing revenue with | 43196 |
which to meet the needs of the state, for the use of the general | 43197 |
revenue fund of the state, for the purpose of securing a thorough | 43198 |
and efficient system of common schools throughout the state, for | 43199 |
the purpose of affording revenues, in addition to those from | 43200 |
general property taxes, permitted under constitutional | 43201 |
limitations, and from other sources, for the support of local | 43202 |
governmental functions, and for the purpose of reimbursing the | 43203 |
state for the expense of administering this chapter, an excise tax | 43204 |
is hereby levied on each retail sale made in this state. | 43205 |
(A) The tax shall be collected pursuant to the schedules in | 43206 |
section 5739.025 of the Revised Code. | 43207 |
The tax applies and is collectible when the sale is made, | 43208 |
regardless of the time when the price is paid or delivered. | 43209 |
In the case of a sale, the price of which consists in whole | 43210 |
or in part of rentals for the use of the thing transferred, the | 43211 |
tax, as regards such rentals, shall be measured by the | 43212 |
installments thereof. | 43213 |
In the case of a sale of a service defined under division | 43214 |
(MM) or (NN) of section 5739.01 of the Revised Code, the price of | 43215 |
which consists in whole or in part of a membership for the receipt | 43216 |
of the benefit of the service, the tax applicable to the sale | 43217 |
shall be measured by the installments thereof. | 43218 |
(B) The tax does not apply to the following: | 43219 |
(1) Sales to the state or any of its political subdivisions, | 43220 |
or to any other state or its political subdivisions if the laws of | 43221 |
that state exempt from taxation sales made to this state and its | 43222 |
political subdivisions; | 43223 |
(2) Sales of food for human consumption off the premises | 43224 |
where sold; | 43225 |
(3) Sales of food sold to students only in a cafeteria, | 43226 |
dormitory, fraternity, or sorority maintained in a private, | 43227 |
public, or parochial school, college, or university; | 43228 |
(4) Sales of newspapers, and of magazine subscriptions | 43229 |
shipped by second class mail, and sales or transfers of magazines | 43230 |
distributed as controlled circulation publications; | 43231 |
(5) The furnishing, preparing, or serving of meals without | 43232 |
charge by an employer to an employee provided the employer records | 43233 |
the meals as part compensation for services performed or work | 43234 |
done; | 43235 |
(6) Sales of motor fuel upon receipt, use, distribution, or | 43236 |
sale of which in this state a tax is imposed by the law of this | 43237 |
state, but this exemption shall not apply to the sale of motor | 43238 |
fuel on which a refund of the tax is allowable under section | 43239 |
5735.14 of the Revised Code; and the tax commissioner may deduct | 43240 |
the amount of tax levied by this section applicable to the price | 43241 |
of motor fuel when granting a refund of motor fuel tax pursuant to | 43242 |
section 5735.14 of the Revised Code and shall cause the amount | 43243 |
deducted to be paid into the general revenue fund of this state; | 43244 |
(7) Sales of natural gas by a natural gas company, of water | 43245 |
by a water-works company, or of steam by a heating company, if in | 43246 |
each case the thing sold is delivered to consumers through pipes | 43247 |
or conduits, and all sales of communications services by a | 43248 |
telephone or telegraph company, all terms as defined in section | 43249 |
5727.01 of the Revised Code; | 43250 |
(8) Casual sales by a person, or auctioneer employed | 43251 |
directly by the person to conduct such sales, except as to such | 43252 |
sales of motor vehicles, watercraft or outboard motors required to | 43253 |
be titled under section 1548.06 of the Revised Code, watercraft | 43254 |
documented with the United States coast guard, snowmobiles, and | 43255 |
all-purpose vehicles as defined in section 4519.01 of the Revised | 43256 |
Code; | 43257 |
(9) Sales of services or tangible personal property, other | 43258 |
than motor vehicles, mobile homes, and manufactured homes, by | 43259 |
churches, organizations exempt from taxation under section | 43260 |
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 43261 |
organizations operated exclusively for charitable purposes as | 43262 |
defined in division (B)(12) of this section, provided that the | 43263 |
number of days on which such tangible personal property or | 43264 |
services, other than items never subject to the tax, are sold does | 43265 |
not exceed six in any calendar year. If the number of days on | 43266 |
which such sales are made exceeds six in any calendar year, the | 43267 |
church or organization shall be considered to be engaged in | 43268 |
business and all subsequent sales by it shall be subject to the | 43269 |
tax. In counting the number of days, all sales by groups within a | 43270 |
church or within an organization shall be considered to be sales | 43271 |
of that church or organization, except that sales made by separate | 43272 |
student clubs and other groups of students of a primary or | 43273 |
secondary school, and sales made by a parent-teacher association, | 43274 |
booster group, or similar organization that raises money to | 43275 |
support or fund curricular or extracurricular activities of a | 43276 |
primary or secondary school, shall not be considered to be sales | 43277 |
of such school, and sales by each such club, group, association, | 43278 |
or organization shall be counted separately for purposes of the | 43279 |
six-day limitation. This division does not apply to sales by a | 43280 |
noncommercial educational radio or television broadcasting | 43281 |
station. | 43282 |
(10) Sales not within the taxing power of this state under | 43283 |
the Constitution of the United States; | 43284 |
(11) The transportation of persons or property, unless the | 43285 |
transportation is by a private investigation and security service; | 43286 |
(12) Sales of tangible personal property or services to | 43287 |
churches, to organizations exempt from taxation under section | 43288 |
501(c)(3) of the Internal Revenue Code of 1986, and to any other | 43289 |
nonprofit organizations operated exclusively for charitable | 43290 |
purposes in this state, no part of the net income of which inures | 43291 |
to the benefit of any private shareholder or individual, and no | 43292 |
substantial part of the activities of which consists of carrying | 43293 |
on propaganda or otherwise attempting to influence legislation; | 43294 |
sales to offices administering one or more homes for the aged or | 43295 |
one or more hospital facilities exempt under section 140.08 of the | 43296 |
Revised Code; and sales to organizations described in division (D) | 43297 |
of section 5709.12 of the Revised Code. | 43298 |
"Charitable purposes" means the relief of poverty; the | 43299 |
improvement of health through the alleviation of illness, disease, | 43300 |
or injury; the operation of an organization exclusively for the | 43301 |
provision of professional, laundry, printing, and purchasing | 43302 |
services to hospitals or charitable institutions; the operation of | 43303 |
a home for the aged, as defined in section 5701.13 of the Revised | 43304 |
Code; the operation of a radio or television broadcasting station | 43305 |
that is licensed by the federal communications commission as a | 43306 |
noncommercial educational radio or television station; the | 43307 |
operation of a nonprofit animal adoption service or a county | 43308 |
humane society; the promotion of education by an institution of | 43309 |
learning that maintains a faculty of qualified instructors, | 43310 |
teaches regular continuous courses of study, and confers a | 43311 |
recognized diploma upon completion of a specific curriculum; the | 43312 |
operation of a parent-teacher association, booster group, or | 43313 |
similar organization primarily engaged in the promotion and | 43314 |
support of the curricular or extracurricular activities of a | 43315 |
primary or secondary school; the operation of a community or area | 43316 |
center in which presentations in music, dramatics, the arts, and | 43317 |
related fields are made in order to foster public interest and | 43318 |
education therein; the production of performances in music, | 43319 |
dramatics, and the arts; or the promotion of education by an | 43320 |
organization engaged in carrying on research in, or the | 43321 |
dissemination of, scientific and technological knowledge and | 43322 |
information primarily for the public. | 43323 |
Nothing in this division shall be deemed to exempt sales to | 43324 |
any organization for use in the operation or carrying on of a | 43325 |
trade or business, or sales to a home for the aged for use in the | 43326 |
operation of independent living facilities as defined in division | 43327 |
(A) of section 5709.12 of the Revised Code. | 43328 |
(13) Building and construction materials and services sold | 43329 |
to construction contractors for incorporation into a structure or | 43330 |
improvement to real property under a construction contract with | 43331 |
this state or a political subdivision thereof, or with the United | 43332 |
States government or any of its agencies; building and | 43333 |
construction materials and services sold to construction | 43334 |
contractors for incorporation into a structure or improvement to | 43335 |
real property that are accepted for ownership by this state or any | 43336 |
of its political subdivisions, or by the United States government | 43337 |
or any of its agencies at the time of completion of such | 43338 |
structures or improvements; building and construction materials | 43339 |
sold to construction contractors for incorporation into a | 43340 |
horticulture structure or livestock structure for a person engaged | 43341 |
in the business of horticulture or producing livestock; building | 43342 |
materials and services sold to a construction contractor for | 43343 |
incorporation into a house of public worship or religious | 43344 |
education, or a building used exclusively for charitable purposes | 43345 |
under a construction contract with an organization whose purpose | 43346 |
is as described in division (B)(12) of this section; building | 43347 |
materials and services sold to a construction contractor for | 43348 |
incorporation into a building under a construction contract with | 43349 |
an organization exempt from taxation under section 501(c)(3) of | 43350 |
the Internal Revenue Code of 1986 when the building is to be used | 43351 |
exclusively for the organization's exempt purposes; building and | 43352 |
construction materials sold for incorporation into the original | 43353 |
construction of a sports facility under section 307.696 of the | 43354 |
Revised Code; and building and construction materials and services | 43355 |
sold to a construction contractor for incorporation into real | 43356 |
property outside this state if such materials and services, when | 43357 |
sold to a construction contractor in the state in which the real | 43358 |
property is located for incorporation into real property in that | 43359 |
state, would be exempt from a tax on sales levied by that state; | 43360 |
(14) Sales of ships or vessels or rail rolling stock used or | 43361 |
to be used principally in interstate or foreign commerce, and | 43362 |
repairs, alterations, fuel, and lubricants for such ships or | 43363 |
vessels or rail rolling stock; | 43364 |
(15) Sales to persons engaged in any of the activities | 43365 |
mentioned in division (E)(2) or (9) of section 5739.01 of the | 43366 |
Revised Code, to persons engaged in making retail sales, or to | 43367 |
persons who purchase for sale from a manufacturer tangible | 43368 |
personal property that was produced by the manufacturer in | 43369 |
accordance with specific designs provided by the purchaser, of | 43370 |
packages, including material, labels, and parts for packages, and | 43371 |
of machinery, equipment, and material for use primarily in | 43372 |
packaging tangible personal property produced for sale, including | 43373 |
any machinery, equipment, and supplies used to make labels or | 43374 |
packages, to prepare packages or products for labeling, or to | 43375 |
label packages or products, by or on the order of the person doing | 43376 |
the packaging, or sold at retail. "Packages" includes bags, | 43377 |
baskets, cartons, crates, boxes, cans, bottles, bindings, | 43378 |
wrappings, and other similar devices and containers, and | 43379 |
"packaging" means placing therein. | 43380 |
(16) Sales of food to persons using food stamp
| 43381 |
benefits to purchase the food. As used in division (B)(16) of | 43382 |
this section, "food" has the same meaning as in the "Food Stamp | 43383 |
Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal | 43384 |
regulations adopted pursuant to that act. | 43385 |
(17) Sales to persons engaged in farming, agriculture, | 43386 |
horticulture, or floriculture, of tangible personal property for | 43387 |
use or consumption directly in the production by farming, | 43388 |
agriculture, horticulture, or floriculture of other tangible | 43389 |
personal property for use or consumption directly in the | 43390 |
production of tangible personal property for sale by farming, | 43391 |
agriculture, horticulture, or floriculture; or material and parts | 43392 |
for incorporation into any such tangible personal property for use | 43393 |
or consumption in production; and of tangible personal property | 43394 |
for such use or consumption in the conditioning or holding of | 43395 |
products produced by and for such use, consumption, or sale by | 43396 |
persons engaged in farming, agriculture, horticulture, or | 43397 |
floriculture, except where such property is incorporated into real | 43398 |
property; | 43399 |
(18) Sales of drugs dispensed by a licensed pharmacist upon | 43400 |
the order of a licensed health professional authorized to | 43401 |
prescribe drugs to a human being, as the term "licensed health | 43402 |
professional authorized to prescribe drugs" is defined in section | 43403 |
4729.01 of the Revised Code; insulin as recognized in the official | 43404 |
United States pharmacopoeia; urine and blood testing materials | 43405 |
when used by diabetics or persons with hypoglycemia to test for | 43406 |
glucose or acetone; hypodermic syringes and needles when used by | 43407 |
diabetics for insulin injections; epoetin alfa when purchased for | 43408 |
use in the treatment of persons with end-stage renal disease; | 43409 |
hospital beds when purchased for use by persons with medical | 43410 |
problems for medical purposes; and oxygen and oxygen-dispensing | 43411 |
equipment when purchased for use by persons with medical problems | 43412 |
for medical purposes; | 43413 |
(19) Sales of artificial limbs or portion thereof, breast | 43414 |
prostheses, and other prosthetic devices for humans; braces or | 43415 |
other devices for supporting weakened or nonfunctioning parts of | 43416 |
the human body; wheelchairs; devices used to lift wheelchairs into | 43417 |
motor vehicles and parts and accessories to such devices; crutches | 43418 |
or other devices to aid human perambulation; and items of tangible | 43419 |
personal property used to supplement impaired functions of the | 43420 |
human body such as respiration, hearing, or elimination. No | 43421 |
exemption under this division shall be allowed for nonprescription | 43422 |
drugs, medicines, or remedies; items or devices used to supplement | 43423 |
vision; items or devices whose function is solely or primarily | 43424 |
cosmetic; or physical fitness equipment. This division does not | 43425 |
apply to sales to a physician or medical facility for use in the | 43426 |
treatment of a patient. | 43427 |
(20) Sales of emergency and fire protection vehicles and | 43428 |
equipment to nonprofit organizations for use solely in providing | 43429 |
fire protection and emergency services, including trauma care and | 43430 |
emergency medical services, for political subdivisions of the | 43431 |
state; | 43432 |
(21) Sales of tangible personal property manufactured in | 43433 |
this state, if sold by the manufacturer in this state to a | 43434 |
retailer for use in the retail business of the retailer outside of | 43435 |
this state and if possession is taken from the manufacturer by the | 43436 |
purchaser within this state for the sole purpose of immediately | 43437 |
removing the same from this state in a vehicle owned by the | 43438 |
purchaser; | 43439 |
(22) Sales of services provided by the state or any of its | 43440 |
political subdivisions, agencies, instrumentalities, institutions, | 43441 |
or authorities, or by governmental entities of the state or any of | 43442 |
its political subdivisions, agencies, instrumentalities, | 43443 |
institutions, or authorities; | 43444 |
(23) Sales of motor vehicles to nonresidents of this state | 43445 |
upon the presentation of an affidavit executed in this state by | 43446 |
the nonresident purchaser affirming that the purchaser is a | 43447 |
nonresident of this state, that possession of the motor vehicle is | 43448 |
taken in this state for the sole purpose of immediately removing | 43449 |
it from this state, that the motor vehicle will be permanently | 43450 |
titled and registered in another state, and that the motor vehicle | 43451 |
will not be used in this state; | 43452 |
(24) Sales to persons engaged in the preparation of eggs for | 43453 |
sale of tangible personal property used or consumed directly in | 43454 |
such preparation, including such tangible personal property used | 43455 |
for cleaning, sanitizing, preserving, grading, sorting, and | 43456 |
classifying by size; packages, including material and parts for | 43457 |
packages, and machinery, equipment, and material for use in | 43458 |
packaging eggs for sale; and handling and transportation equipment | 43459 |
and parts therefor, except motor vehicles licensed to operate on | 43460 |
public highways, used in intraplant or interplant transfers or | 43461 |
shipment of eggs in the process of preparation for sale, when the | 43462 |
plant or plants within or between which such transfers or | 43463 |
shipments occur are operated by the same person. "Packages" | 43464 |
includes containers, cases, baskets, flats, fillers, filler flats, | 43465 |
cartons, closure materials, labels, and labeling materials, and | 43466 |
"packaging" means placing therein. | 43467 |
(25)(a) Sales of water to a consumer for residential use, | 43468 |
except the sale of bottled water, distilled water, mineral water, | 43469 |
carbonated water, or ice; | 43470 |
(b) Sales of water by a nonprofit corporation engaged | 43471 |
exclusively in the treatment, distribution, and sale of water to | 43472 |
consumers, if such water is delivered to consumers through pipes | 43473 |
or tubing. | 43474 |
(26) Fees charged for inspection or reinspection of motor | 43475 |
vehicles under section 3704.14 of the Revised Code; | 43476 |
(27) Sales to persons licensed to conduct a food service | 43477 |
operation pursuant to section 3717.43 of the Revised Code, of | 43478 |
tangible personal property primarily used directly for the | 43479 |
following: | 43480 |
(a) To prepare food for human consumption for sale; | 43481 |
(b) To preserve food that has been or will be prepared for | 43482 |
human consumption for sale by the food service operator, not | 43483 |
including tangible personal property used to display food for | 43484 |
selection by the consumer; | 43485 |
(c) To clean tangible personal property used to prepare or | 43486 |
serve food for human consumption for sale. | 43487 |
(28) Sales of animals by nonprofit animal adoption services | 43488 |
or county humane societies; | 43489 |
(29) Sales of services to a corporation described in | 43490 |
division (A) of section 5709.72 of the Revised Code, and sales of | 43491 |
tangible personal property that qualifies for exemption from | 43492 |
taxation under section 5709.72 of the Revised Code; | 43493 |
(30) Sales and installation of agricultural land tile, as | 43494 |
defined in division (B)(5)(a) of section 5739.01 of the Revised | 43495 |
Code; | 43496 |
(31) Sales and erection or installation of portable grain | 43497 |
bins, as defined in division (B)(5)(b) of section 5739.01 of the | 43498 |
Revised Code; | 43499 |
(32) The sale, lease, repair, and maintenance of, parts for, | 43500 |
or items attached to or incorporated in, motor vehicles that are | 43501 |
primarily used for transporting tangible personal property by a | 43502 |
person engaged in highway transportation for hire; | 43503 |
(33) Sales to the state headquarters of any veterans' | 43504 |
organization in Ohio that is either incorporated and issued a | 43505 |
charter by the congress of the United States or is recognized by | 43506 |
the United States veterans administration, for use by the | 43507 |
headquarters; | 43508 |
(34) Sales to a telecommunications service vendor of | 43509 |
tangible personal property and services used directly and | 43510 |
primarily in transmitting, receiving, switching, or recording any | 43511 |
interactive, two-way electromagnetic communications, including | 43512 |
voice, image, data, and information, through the use of any | 43513 |
medium, including, but not limited to, poles, wires, cables, | 43514 |
switching equipment, computers, and record storage devices and | 43515 |
media, and component parts for the tangible personal property. | 43516 |
The exemption provided in division (B)(34) of this section shall | 43517 |
be in lieu of all other exceptions under division (E)(2) of | 43518 |
section 5739.01 of the Revised Code to which a telecommunications | 43519 |
service vendor may otherwise be entitled based upon the use of the | 43520 |
thing purchased in providing the telecommunications service. | 43521 |
(35) Sales of investment metal bullion and investment coins. | 43522 |
"Investment metal bullion" means any elementary precious metal | 43523 |
that has been put through a process of smelting or refining, | 43524 |
including, but not limited to, gold, silver, platinum, and | 43525 |
palladium, and which is in such state or condition that its value | 43526 |
depends upon its content and not upon its form. "Investment metal | 43527 |
bullion" does not include fabricated precious metal that has been | 43528 |
processed or manufactured for one or more specific and customary | 43529 |
industrial, professional, or artistic uses. "Investment coins" | 43530 |
means numismatic coins or other forms of money and legal tender | 43531 |
manufactured of gold, silver, platinum, palladium, or other metal | 43532 |
under the laws of the United States or any foreign nation with a | 43533 |
fair market value greater than any statutory or nominal value of | 43534 |
such coins. | 43535 |
(36)(a) Sales where the purpose of the consumer is to use or | 43536 |
consume the things transferred in making retail sales and | 43537 |
consisting of newspaper inserts, catalogues, coupons, flyers, gift | 43538 |
certificates, or other advertising material that prices and | 43539 |
describes tangible personal property offered for retail sale. | 43540 |
(b) Sales to direct marketing vendors of preliminary | 43541 |
materials such as photographs, artwork, and typesetting that will | 43542 |
be used in printing advertising material; of printed matter that | 43543 |
offers free merchandise or chances to win sweepstake prizes and | 43544 |
that is mailed to potential customers with advertising material | 43545 |
described in division (B)(36)(a) of this section; and of equipment | 43546 |
such as telephones, computers, facsimile machines, and similar | 43547 |
tangible personal property primarily used to accept orders for | 43548 |
direct marketing retail sales. | 43549 |
(c) Sales of automatic food vending machines that preserve | 43550 |
food with a shelf life of forty-five days or less by refrigeration | 43551 |
and dispense it to the consumer. | 43552 |
For purposes of division (B)(36) of this section, "direct | 43553 |
marketing" means the method of selling where consumers order | 43554 |
tangible personal property by United States mail, delivery | 43555 |
service, or telecommunication and the vendor delivers or ships the | 43556 |
tangible personal property sold to the consumer from a warehouse, | 43557 |
catalogue distribution center, or similar fulfillment facility by | 43558 |
means of the United States mail, delivery service, or common | 43559 |
carrier. | 43560 |
(37) Sales to a person engaged in the business of | 43561 |
horticulture or producing livestock of materials to be | 43562 |
incorporated into a horticulture structure or livestock structure; | 43563 |
(38) The sale of a motor vehicle that is used exclusively | 43564 |
for a vanpool ridesharing arrangement to persons participating in | 43565 |
the vanpool ridesharing arrangement when the vendor is selling the | 43566 |
vehicle pursuant to a contract between the vendor and the | 43567 |
department of transportation; | 43568 |
(39) Sales of personal computers, computer monitors, | 43569 |
computer keyboards, modems, and other peripheral computer | 43570 |
equipment to an individual who is licensed or certified to teach | 43571 |
in an elementary or a secondary school in this state for use by | 43572 |
that individual in preparation for teaching elementary or | 43573 |
secondary school students; | 43574 |
(40) Sales to a professional racing team of any of the | 43575 |
following: | 43576 |
(a) Motor racing vehicles; | 43577 |
(b) Repair services for motor racing vehicles; | 43578 |
(c) Items of property that are attached to or incorporated | 43579 |
in motor racing vehicles, including engines, chassis, and all | 43580 |
other components of the vehicles, and all spare, replacement, and | 43581 |
rebuilt parts or components of the vehicles; except not including | 43582 |
tires, consumable fluids, paint, and accessories consisting of | 43583 |
instrumentation sensors and related items added to the vehicle to | 43584 |
collect and transmit data by means of telemetry and other forms of | 43585 |
communication. | 43586 |
(41) Sales of used manufactured homes and used mobile homes, | 43587 |
as defined in section 5739.0210 of the Revised Code, made on or | 43588 |
after January 1, 2000; | 43589 |
(42) Sales of tangible personal property and services to a | 43590 |
provider of electricity used or consumed directly and primarily in | 43591 |
generating, transmitting, or distributing electricity for use by | 43592 |
others, including property that is or is to be incorporated into | 43593 |
and will become a part of the consumer's production, transmission, | 43594 |
or distribution system and that retains its classification as | 43595 |
tangible personal property after incorporation; fuel or power used | 43596 |
in the production, transmission, or distribution of electricity; | 43597 |
and tangible personal property and services used in the repair and | 43598 |
maintenance of the production, transmission, or distribution | 43599 |
system, including only those motor vehicles as are specially | 43600 |
designed and equipped for such use. The exemption provided in | 43601 |
this division shall be in lieu of all other exceptions in division | 43602 |
(E)(2) of section 5739.01 of the Revised Code to which a provider | 43603 |
of electricity may otherwise be entitled based on the use of the | 43604 |
tangible personal property or service purchased in generating, | 43605 |
transmitting, or distributing electricity. | 43606 |
For the purpose of the proper administration of this chapter, | 43607 |
and to prevent the evasion of the tax, it is presumed that all | 43608 |
sales made in this state are subject to the tax until the contrary | 43609 |
is established. | 43610 |
As used in this section, except in division (B)(16) of this | 43611 |
section, "food" includes cereals and cereal products, milk and | 43612 |
milk products including ice cream, meat and meat products, fish | 43613 |
and fish products, eggs and egg products, vegetables and vegetable | 43614 |
products, fruits, fruit products, and pure fruit juices, | 43615 |
condiments, sugar and sugar products, coffee and coffee | 43616 |
substitutes, tea, and cocoa and cocoa products. It does not | 43617 |
include: spirituous or malt liquors; soft drinks; sodas and | 43618 |
beverages that are ordinarily dispensed at bars and soda fountains | 43619 |
or in connection therewith, other than coffee, tea, and cocoa; | 43620 |
root beer and root beer extracts; malt and malt extracts; mineral | 43621 |
oils, cod liver oils, and halibut liver oil; medicines, including | 43622 |
tonics, vitamin preparations, and other products sold primarily | 43623 |
for their medicinal properties; and water, including mineral, | 43624 |
bottled, and carbonated waters, and ice. | 43625 |
(C) The levy of an excise tax on transactions by which | 43626 |
lodging by a hotel is or is to be furnished to transient guests | 43627 |
pursuant to this section and division (B) of section 5739.01 of | 43628 |
the Revised Code does not prevent any of the following: | 43629 |
(1) A municipal corporation or township from levying an | 43630 |
excise tax for any lawful purpose not to exceed three per cent on | 43631 |
transactions by which lodging by a hotel is or is to be furnished | 43632 |
to transient guests in addition to the tax levied by this section. | 43633 |
If a municipal corporation or township repeals a tax imposed under | 43634 |
division (C)(1) of this section and a county in which the | 43635 |
municipal corporation or township has territory has a tax imposed | 43636 |
under division (C) of section 5739.024 of the Revised Code in | 43637 |
effect, the municipal corporation or township may not reimpose its | 43638 |
tax as long as that county tax remains in effect. A municipal | 43639 |
corporation or township in which a tax is levied under division | 43640 |
(B)(2) of section 351.021 of the Revised Code may not increase the | 43641 |
rate of its tax levied under division (C)(1) of this section to | 43642 |
any rate that would cause the total taxes levied under both of | 43643 |
those divisions to exceed three per cent on any lodging | 43644 |
transaction within the municipal corporation or township. | 43645 |
(2) A municipal corporation or a township from levying an | 43646 |
additional excise tax not to exceed three per cent on such | 43647 |
transactions pursuant to division (B) of section 5739.024 of the | 43648 |
Revised Code. Such tax is in addition to any tax imposed under | 43649 |
division (C)(1) of this section. | 43650 |
(3) A county from levying an excise tax pursuant to division | 43651 |
(A) of section 5739.024 of the Revised Code. | 43652 |
(4) A county from levying an excise tax not to exceed three | 43653 |
per cent of such transactions pursuant to division (C) of section | 43654 |
5739.024 of the Revised Code. Such a tax is in addition to any | 43655 |
tax imposed under division (C)(3) of this section. | 43656 |
(5) A convention facilities authority, as defined in | 43657 |
division (A) of section 351.01 of the Revised Code, from levying | 43658 |
the excise taxes provided for in division (B) of section 351.021 | 43659 |
of the Revised Code. | 43660 |
(6) A county from levying an excise tax not to exceed one | 43661 |
and one-half per cent of such transactions pursuant to division | 43662 |
(D) of section 5739.024 of the Revised Code. Such tax is in | 43663 |
addition to any tax imposed under division (C)(3) or (4) of this | 43664 |
section. | 43665 |
(7) A county from levying an excise tax not to exceed one | 43666 |
and one-half per cent of such transactions pursuant to division | 43667 |
(E) of section 5739.024 of the Revised Code. Such a tax is in | 43668 |
addition to any tax imposed under division (C)(3), (4), or (6) of | 43669 |
this section. | 43670 |
(D) The levy of this tax on retail sales of recreation and | 43671 |
sports club service shall not prevent a municipal corporation from | 43672 |
levying any tax on recreation and sports club dues or on any | 43673 |
income generated by recreation and sports club dues. | 43674 |
Sec. 5739.024. (A)(1) A board of county commissioners may, | 43675 |
by resolution adopted by a majority of the members of the board, | 43676 |
levy an excise tax not to exceed three per cent on transactions by | 43677 |
which lodging by a hotel is or is to be furnished to transient | 43678 |
guests. The board shall establish all regulations necessary to | 43679 |
provide for the administration and allocation of the tax. The | 43680 |
regulations may prescribe the time for payment of the tax, and may | 43681 |
provide for the imposition of a penalty or interest, or both, for | 43682 |
late payments, provided that the penalty does not exceed ten per | 43683 |
cent of the amount of tax due, and the rate at which interest | 43684 |
accrues does not exceed the rate per annum prescribed pursuant to | 43685 |
section 5703.47 of the Revised Code.
Except
as
| 43686 |
in divisions (A)(2) and (3) of this section, the regulations shall | 43687 |
provide, after deducting the real and actual costs of | 43688 |
administering the tax, for the return to each municipal | 43689 |
corporation or township that does not levy an excise tax on such | 43690 |
transactions, a uniform percentage of the tax collected in the | 43691 |
municipal corporation or in the unincorporated portion of the | 43692 |
township from each such transaction, not to exceed thirty-three | 43693 |
and one-third per cent. The remainder of the revenue arising from | 43694 |
the tax shall be deposited in a separate fund and shall be spent | 43695 |
solely to make contributions to the convention and visitors' | 43696 |
bureau operating within the county, including a pledge and | 43697 |
contribution of any portion of such remainder pursuant to an | 43698 |
agreement authorized by section 307.695 of the Revised Code. | 43699 |
Except as
| 43700 |
this section, on and after May 10, 1994, a board of county | 43701 |
commissioners may not levy an excise tax pursuant to this division | 43702 |
in any municipal corporation or township located wholly or partly | 43703 |
within the county that has in effect an ordinance or resolution | 43704 |
levying an excise tax pursuant to division (B) of this section. | 43705 |
The board of a county that has levied a tax under division (C) of | 43706 |
this section may, by resolution adopted within ninety days after | 43707 |
July 15, 1985, by a majority of the members of the board, amend | 43708 |
the resolution levying a tax under this division to provide for a | 43709 |
portion of that tax to be pledged and contributed in accordance | 43710 |
with an agreement entered into under section 307.695 of the | 43711 |
Revised Code. A tax, any revenue from which is pledged pursuant | 43712 |
to such an agreement, shall remain in effect at the rate at which | 43713 |
it is imposed for the duration of the period for which the revenue | 43714 |
therefrom has been so pledged. | 43715 |
(2) A board of county commissioners that levies an excise | 43716 |
tax under division (A)(1) of this section on June 30, 1997, at a | 43717 |
rate of three per cent, and that has pledged revenue from the tax | 43718 |
to an agreement entered into under section 307.695 of the Revised | 43719 |
Code, may amend the resolution levying that tax to provide for an | 43720 |
increase in the rate of the tax up to five per cent on each | 43721 |
transaction; to provide that revenue from the increase in the rate | 43722 |
shall be spent solely to make contributions to the convention and | 43723 |
visitors' bureau operating within the county to be used | 43724 |
specifically for promotion, advertising, and marketing of the | 43725 |
region in which the county is located; to provide that the rate in | 43726 |
excess of the three per cent levied under division (A)(1) of this | 43727 |
section shall remain in effect at the rate at which it is imposed | 43728 |
for the duration of the period during which any agreement is in | 43729 |
effect that was entered into under section 307.695 of the Revised | 43730 |
Code by the board of county commissioners levying a tax under | 43731 |
division (A)(1) of this section; and to provide that no portion of | 43732 |
that revenue need be returned to townships or municipal | 43733 |
corporations as would otherwise be required under division (A)(1) | 43734 |
of this section. | 43735 |
(3) A board of county commissioners that levies a tax under | 43736 |
division (A)(1) of this section on March 18, 1999, at a rate of | 43737 |
three per cent may, by resolution adopted not later than | 43738 |
forty-five days after March 18, 1999, amend the resolution | 43739 |
levying the tax to provide for all of the following: | 43740 |
(a) That the rate of the tax shall be increased by not more | 43741 |
than an additional four per cent on each transaction; | 43742 |
(b) That all of the revenue from the increase in rate shall | 43743 |
be pledged and contributed to a convention facilities authority | 43744 |
established by the board of county commissioners under Chapter | 43745 |
351. of the Revised Code on or before November 15, 1998, and used | 43746 |
to pay costs of constructing, maintaining, operating, and | 43747 |
promoting a facility in the county, including paying bonds, or | 43748 |
notes issued in anticipation of bonds, as provided by that | 43749 |
chapter; | 43750 |
(c) That no portion of the revenue arising from the increase | 43751 |
in rate need be returned to municipal corporations or townships as | 43752 |
otherwise required under division (A)(1) of this section; | 43753 |
(d) That the increase in rate shall not be subject to | 43754 |
diminution by initiative or referendum or by law while any bonds, | 43755 |
or notes in anticipation of bonds, issued by the authority under | 43756 |
Chapter 351. of the Revised Code to which the revenue is pledged | 43757 |
remain outstanding in accordance with their terms, unless | 43758 |
provision is made by law or by the board of county commissioners | 43759 |
for an adequate substitute therefor that is satisfactory to the | 43760 |
trustee if a trust agreement secures the bonds. | 43761 |
Division (A)(3) of this section does not apply to the board | 43762 |
of county commissioners of any county in which a convention center | 43763 |
or facility exists or is being constructed on November 15, 1998, | 43764 |
or of any county in which a convention facilities authority levies | 43765 |
a tax pursuant to section 351.021 of the Revised Code on that | 43766 |
date. | 43767 |
As used in division (A)(3) of this section, "costs" and | 43768 |
"facility" have the same meanings as in section 351.01 of the | 43769 |
Revised Code, and "convention center" has the same meaning as in | 43770 |
section 307.695 of the Revised Code. | 43771 |
(B) The legislative authority of a municipal corporation or | 43772 |
the board of trustees of a township that is not wholly or partly | 43773 |
located in a county that has in effect a resolution levying an | 43774 |
excise tax pursuant to division (A)(1) of this section may by | 43775 |
ordinance or resolution levy an excise tax not to exceed three per | 43776 |
cent on transactions by which lodging by a hotel is or is to be | 43777 |
furnished to transient guests. The legislative authority of the | 43778 |
municipal corporation or township shall deposit at least fifty per | 43779 |
cent of the revenue from the tax levied pursuant to this division | 43780 |
into a separate fund, which shall be spent solely to make | 43781 |
contributions to convention and visitors' bureaus operating within | 43782 |
the county in which the municipal corporation or township is | 43783 |
wholly or partly located, and the balance of such revenue shall be | 43784 |
deposited in the general fund. The municipal corporation or | 43785 |
township shall establish all regulations necessary to provide for | 43786 |
the administration and allocation of the tax. The regulations may | 43787 |
prescribe the time for payment of the tax, and may provide for the | 43788 |
imposition of a penalty or interest, or both, for late payments, | 43789 |
provided that the penalty does not exceed ten per cent of the | 43790 |
amount of tax due, and the rate at which interest accrues does not | 43791 |
exceed the rate per annum prescribed pursuant to section 5703.47 | 43792 |
of the Revised Code. The levy of a tax under this division is in | 43793 |
addition to any tax imposed on the same transaction by a municipal | 43794 |
corporation or a township as authorized by division (C)(1) of | 43795 |
section 5739.02 of the Revised Code. | 43796 |
(C) For the purpose of making the payments authorized by | 43797 |
section 307.695 of the Revised Code to construct and equip a | 43798 |
convention center in the county and to cover the costs of | 43799 |
administering the tax, a board of county commissioners of a county | 43800 |
where a tax imposed under division (A)(1) of this section is in | 43801 |
effect may, by resolution adopted within ninety days after July | 43802 |
15, 1985, by a majority of the members of the board, levy an | 43803 |
additional excise tax not to exceed three per cent on transactions | 43804 |
by which lodging by a hotel is or is to be furnished to transient | 43805 |
guests. The tax authorized by this division shall be in addition | 43806 |
to any tax that is levied pursuant to division (A) of this | 43807 |
section, but it shall not apply to transactions subject to a tax | 43808 |
levied by a municipal corporation or township pursuant to the | 43809 |
authorization granted by division (C)(1) of section 5739.02 of the | 43810 |
Revised Code. The board shall establish all regulations necessary | 43811 |
to provide for the administration and allocation of the tax. The | 43812 |
regulations may prescribe the time for payment of the tax, and may | 43813 |
provide for the imposition of a penalty or interest, or both, for | 43814 |
late payments, provided that the penalty does not exceed ten per | 43815 |
cent of the amount of tax due, and the rate at which interest | 43816 |
accrues does not exceed the rate per annum prescribed pursuant to | 43817 |
section 5703.47 of the Revised Code. All revenues arising from | 43818 |
the tax shall be expended in accordance with section 307.695 of | 43819 |
the Revised Code. A tax imposed under this section shall remain | 43820 |
in effect at the rate at which it is imposed for the duration of | 43821 |
the period for which the revenue therefrom has been pledged | 43822 |
pursuant to such section. | 43823 |
(D) For the purpose of providing contributions under | 43824 |
division (B)(1) of section 307.671 of the Revised Code to enable | 43825 |
the acquisition, construction, and equipping of a port authority | 43826 |
educational and cultural facility in the county and, to the extent | 43827 |
provided for in the cooperative agreement authorized by that | 43828 |
section, for the purpose of paying debt service charges on bonds, | 43829 |
or notes in anticipation thereof, described in division (B)(1)(b) | 43830 |
of that section, a board of county commissioners, by resolution | 43831 |
adopted within ninety days after December 22, 1992, by a majority | 43832 |
of the members of the board, may levy an additional excise tax not | 43833 |
to exceed one and one-half per cent on transactions by which | 43834 |
lodging by a hotel is or is to be furnished to transient guests. | 43835 |
The excise tax authorized by this division shall be in addition to | 43836 |
any tax that is levied pursuant to divisions (A), (B), and (C) of | 43837 |
this section, to any excise tax levied pursuant to division (C) of | 43838 |
section 5739.02 of the Revised Code, and to any excise tax levied | 43839 |
pursuant to section 351.021 of the Revised Code. The board of | 43840 |
county commissioners shall establish all regulations necessary to | 43841 |
provide for the administration and allocation of the tax that are | 43842 |
not inconsistent with this section or section 307.671 of the | 43843 |
Revised Code. The regulations may prescribe the time for payment | 43844 |
of the tax, and may provide for the imposition of a penalty or | 43845 |
interest, or both, for late payments, provided that the penalty | 43846 |
does not exceed ten per cent of the amount of tax due, and the | 43847 |
rate at which interest accrues does not exceed the rate per annum | 43848 |
prescribed pursuant to section 5703.47 of the Revised Code. All | 43849 |
revenues arising from the tax shall be expended in accordance with | 43850 |
section 307.671 of the Revised Code and division (D) of this | 43851 |
section. The levy of a tax imposed under this section may not | 43852 |
commence prior to the first day of the month next following the | 43853 |
execution of the cooperative agreement authorized by section | 43854 |
307.671 of the Revised Code by all parties to that agreement. Such | 43855 |
tax shall remain in effect at the rate at which it is imposed for | 43856 |
the period of time described in division (C) of section 307.671 of | 43857 |
the Revised Code for which the revenue from the tax has been | 43858 |
pledged by the county to the corporation pursuant to such section, | 43859 |
but, to any extent provided for in the cooperative agreement, for | 43860 |
no lesser period than the period of time required for payment of | 43861 |
the debt service charges on bonds, or notes in anticipation | 43862 |
thereof, described in division (B)(1)(b) of that section. | 43863 |
(E) For the purpose of paying the costs of acquiring, | 43864 |
constructing, equipping, and improving a municipal educational and | 43865 |
cultural facility, including debt service charges on bonds | 43866 |
provided for in division (B) of section 307.672 of the Revised | 43867 |
Code, and for such additional purposes as are determined by the | 43868 |
county in the resolution levying the tax or amendments thereto, | 43869 |
including subsequent amendments providing for paying costs of | 43870 |
acquiring, constructing, renovating, rehabilitating, equipping, | 43871 |
and improving a port authority educational and cultural performing | 43872 |
arts facility, as defined in section 307.674 of the Revised Code, | 43873 |
including debt service charges on bonds provided for in division | 43874 |
(B) of section 307.674 of the Revised Code, the legislative | 43875 |
authority of a county, by resolution adopted within ninety days | 43876 |
after June 30, 1993, by a majority of the members of the | 43877 |
legislative authority, may levy an additional excise tax not to | 43878 |
exceed one and one-half per cent on transactions by which lodging | 43879 |
by a hotel is or is to be furnished to transient guests. The | 43880 |
excise tax authorized by this division shall be in addition to any | 43881 |
tax that is levied pursuant to divisions (A), (B), (C), and (D) of | 43882 |
this section, to any excise tax levied pursuant to division (C) of | 43883 |
section 5739.02 of the Revised Code, and to any excise tax levied | 43884 |
pursuant to section 351.021 of the Revised Code. The legislative | 43885 |
authority of the county shall establish all regulations necessary | 43886 |
to provide for the administration and allocation of the tax. The | 43887 |
regulations may prescribe the time for payment of the tax, and may | 43888 |
provide for the imposition of a penalty or interest, or both, for | 43889 |
late payments, provided that the penalty does not exceed ten per | 43890 |
cent of the amount of tax due, and the rate at which interest | 43891 |
accrues does not exceed the rate per annum prescribed pursuant to | 43892 |
section 5703.47 of the Revised Code. All revenues arising from the | 43893 |
tax shall be expended in accordance with section 307.672 of the | 43894 |
Revised Code and division (E) of this section. The levy of a tax | 43895 |
imposed under this division shall not commence prior to the first | 43896 |
day of the month next following the execution of the cooperative | 43897 |
agreement authorized by section 307.672 of the Revised Code by all | 43898 |
parties to that agreement. Such tax shall remain in effect at the | 43899 |
rate at which it is imposed for the period of time determined by | 43900 |
the legislative authority of the county, but not to exceed fifteen | 43901 |
years. | 43902 |
(F) The legislative authority of a county that has levied a | 43903 |
tax under division (E) of this section may, by resolution adopted | 43904 |
within
one hundred eighty days after
| 43905 |
43906 | |
legislative authority, amend the resolution levying a tax under | 43907 |
division (E) of this section to provide for the use of the | 43908 |
proceeds of that tax, to the extent that it is no longer needed | 43909 |
for its original purpose as determined by the parties to a | 43910 |
cooperative agreement amendment pursuant to division (D) of | 43911 |
section 307.672 of the Revised Code, to pay costs of acquiring, | 43912 |
constructing, renovating, rehabilitating, equipping, and improving | 43913 |
a port authority educational and cultural performing arts | 43914 |
facility, including debt service charges on bonds provided for in | 43915 |
division (B) of section 307.674 of the Revised Code, and to pay | 43916 |
all obligations under any guaranty agreements, reimbursement | 43917 |
agreements, or other credit enhancement agreements described in | 43918 |
division (C) of section 307.674 of the Revised Code. The | 43919 |
resolution may also provide for the extension of the tax at the | 43920 |
same rate for the longer of the period of time determined by the | 43921 |
legislative authority of the county, but not to exceed an | 43922 |
additional twenty-five years, or the period of time required to | 43923 |
pay all debt service charges on bonds provided for in division (B) | 43924 |
of section 307.672 of the Revised Code and on port authority | 43925 |
revenue bonds provided for in division (B) of section 307.674 of | 43926 |
the Revised Code. All revenues arising from the amendment and | 43927 |
extension of the tax shall be expended in accordance with section | 43928 |
307.674 of the Revised Code and divisions (E) and (F) of this | 43929 |
section. | 43930 |
(G) A board of county commissioners, board of township | 43931 |
trustees, or the legislative authority of a municipal corporation | 43932 |
may adopt a resolution or ordinance at any time specifying that | 43933 |
"hotel," as otherwise defined in section 5739.01 of the Revised | 43934 |
Code, includes establishments in which fewer than five rooms are | 43935 |
used for the accommodation of guests. The resolution or ordinance | 43936 |
may apply to a tax imposed pursuant to this section prior to the | 43937 |
adoption of the resolution or ordinance if the resolution or | 43938 |
ordinance so states, but the tax shall not apply to transactions | 43939 |
by which lodging by such an establishment is provided to transient | 43940 |
guests prior to the adoption of the resolution or ordinance. | 43941 |
Sec. 5739.032. (A) If the total amount of tax required to | 43942 |
be paid by a permit holder under section 5739.031 of the Revised | 43943 |
Code for any calendar year indicated in the following schedule | 43944 |
equals or exceeds the amounts prescribed for that year in the | 43945 |
schedule, the permit holder shall remit each monthly tax payment | 43946 |
in the second ensuing and each succeeding year by electronic funds | 43947 |
transfer as prescribed by division (B) of this section. | 43948 |
Year | 1992 | 1993 through 1999 | 2000 and thereafter | 43949 | |||
Tax payment | $1,200,000 | $600,000 | $60,000 | 43950 |
If a permit holder's tax payment for each of two consecutive | 43951 |
years beginning with 2000 is less than sixty thousand dollars, the | 43952 |
permit holder is relieved of the requirement to remit taxes by | 43953 |
electronic funds transfer for the year that next follows the | 43954 |
second of the consecutive years in which the tax payment is less | 43955 |
than sixty thousand dollars, and is relieved of that requirement | 43956 |
for each succeeding year unless the tax payment in a subsequent | 43957 |
year equals or exceeds sixty thousand dollars. | 43958 |
The tax commissioner shall notify each permit holder required | 43959 |
to remit taxes by electronic funds transfer of the permit holder's | 43960 |
obligation to do so, shall maintain an updated list of those | 43961 |
permit holders, and shall timely certify the list and any | 43962 |
additions thereto or deletions therefrom to the treasurer of | 43963 |
state. Failure by the tax commissioner to notify a permit holder | 43964 |
subject to this section to remit taxes by electronic funds | 43965 |
transfer does not relieve the permit holder of its obligation to | 43966 |
remit taxes by electronic funds transfer. | 43967 |
(B) Permit holders required by division (A) of this section | 43968 |
to remit payments by electronic funds transfer shall remit such | 43969 |
payments to the treasurer of state in the manner prescribed by | 43970 |
rules adopted by the treasurer under section 113.061 of the | 43971 |
Revised Code and on or before the dates specified under section | 43972 |
5739.031 of the Revised Code. The payment of taxes by electronic | 43973 |
funds transfer does not affect a permit holder's obligation to | 43974 |
file the monthly return as required under section 5739.031 of the | 43975 |
Revised Code. | 43976 |
A permit holder required by this section to remit taxes by | 43977 |
electronic funds transfer may apply to the treasurer of state in | 43978 |
the manner prescribed by the treasurer to be excused from that | 43979 |
requirement. The treasurer of state may excuse the permit holder | 43980 |
from remittance by electronic funds transfer for good cause shown | 43981 |
for the period of time requested by the permit holder or for a | 43982 |
portion of that period. The treasurer shall notify the tax | 43983 |
commissioner and the permit holder of the treasurer's decision as | 43984 |
soon as is practicable. | 43985 |
(C) If a permit holder required by this section to remit | 43986 |
taxes by electronic funds transfer remits those taxes by some | 43987 |
means other than by electronic funds transfer as prescribed by | 43988 |
this section and the rules adopted by the treasurer of state, and | 43989 |
the
| 43990 |
not due to reasonable cause or was due to willful neglect, the | 43991 |
| 43992 |
43993 | |
43994 | |
43995 | |
charge by assessment in the manner prescribed by section 5739.13 | 43996 |
of the Revised Code. The additional charge shall equal five per | 43997 |
cent of the amount of the taxes required to be paid by electronic | 43998 |
funds transfer, but shall not exceed five thousand dollars. Any | 43999 |
additional charge assessed under this section is in addition to | 44000 |
any other penalty or charge imposed under this chapter, and shall | 44001 |
be considered as revenue arising from taxes imposed under this | 44002 |
chapter. The tax commissioner may remit all or a portion of such | 44003 |
a charge and may adopt rules governing such remission. | 44004 |
No additional charge shall be assessed under this division | 44005 |
against a permit holder that has been notified of its obligation | 44006 |
to remit taxes under this section and that remits its first two | 44007 |
tax payments after such notification by some means other than | 44008 |
electronic funds transfer. The additional charge may be assessed | 44009 |
upon the remittance of any subsequent tax payment that the permit | 44010 |
holder remits by some means other than electronic funds transfer. | 44011 |
Sec. 5739.07. (A) The tax commissioner shall refund to | 44012 |
vendors the amount of taxes paid illegally or erroneously or paid | 44013 |
on any illegal or erroneous assessment if the vendor has not been | 44014 |
reimbursed from the consumer. When the illegal or erroneous | 44015 |
payment or assessment was not paid to a vendor but was paid by the | 44016 |
consumer directly to the treasurer of state
| 44017 |
treasurer of state, the tax commissioner, or an agent of the tax | 44018 |
commissioner, the tax commissioner shall refund to the consumer. | 44019 |
When a refund is granted for payment of an illegal or erroneous | 44020 |
assessment issued by the department, the refund shall include | 44021 |
interest as provided by section 5739.132 of the Revised Code. | 44022 |
(B) The tax commissioner may make a refund to the consumer | 44023 |
of taxes paid illegally or erroneously if the tax has not been | 44024 |
refunded to the vendor and any of the following circumstances | 44025 |
apply: | 44026 |
(1) The consumer is unable to receive a refund from the | 44027 |
vendor because the vendor has ceased business; | 44028 |
(2) The vendor is unable to issue a refund because of | 44029 |
bankruptcy or similar financial condition; | 44030 |
(3) The consumer receives a refund of the full price paid to | 44031 |
the vendor from a manufacturer or other person, other than the | 44032 |
vendor, as a settlement for a complaint by the consumer about the | 44033 |
property or service purchased. | 44034 |
(C) Applications for refund shall be filed with the tax | 44035 |
commissioner, on the form prescribed by the tax commissioner, | 44036 |
within four years from the date of the illegal or erroneous | 44037 |
payment of the tax, unless the vendor or consumer waives the time | 44038 |
limitation under division (A)(3) of section 5739.16 of the Revised | 44039 |
Code. If the time limitation is waived, the four-year refund | 44040 |
limitation shall be extended for the same period of time as the | 44041 |
waiver. On the filing of an application for refund, the | 44042 |
commissioner shall determine the amount of refund due and certify | 44043 |
that amount to the director of budget and management and treasurer | 44044 |
of state for payment from the tax refund fund created by section | 44045 |
5703.052 of the Revised Code. | 44046 |
Sec. 5739.102. A person who is liable for a tax levied under | 44047 |
section 5739.101 of the Revised Code shall file a return with the | 44048 |
| 44049 |
taxable gross receipts from sales described under division (B)(1) | 44050 |
or (2) of that section. The tax commissioner shall prescribe the | 44051 |
form of the return, and the six- or twelve-month reporting period. | 44052 |
The person shall file the return on or before the last day of the | 44053 |
month following the end of the reporting period prescribed by the | 44054 |
commissioner, and shall include with the return payment of the tax | 44055 |
for the period. The remittance shall be made payable to the | 44056 |
treasurer of state. | 44057 |
Upon receipt of a return, the
| 44058 |
commissioner shall credit any money included with it to the resort | 44059 |
area excise tax
fund, which is hereby created | 44060 |
44061 | |
44062 | |
44063 | |
44064 | |
commissioner shall provide for the distribution of all money paid | 44065 |
during that month into the resort area excise tax fund to the | 44066 |
appropriate municipal corporations and townships, after first | 44067 |
subtracting and crediting to the general revenue fund one per cent | 44068 |
to cover the costs of administering the excise tax. | 44069 |
If a person liable for the tax fails to file a return or pay | 44070 |
the tax as required under this section and the rules of the tax | 44071 |
commissioner,
| 44072 |
greater of fifty dollars or ten per cent of the tax due for the | 44073 |
return period. The additional charge shall be considered revenue | 44074 |
arising from the tax levied under section 5739.101 of the Revised | 44075 |
Code, and may be collected by assessment in the manner provided in | 44076 |
section 5739.13 of the Revised Code. The tax commissioner may | 44077 |
remit all or a portion of the charge. | 44078 |
Sec. 5739.12. Each person who has or is required to have a | 44079 |
vendor's license, on or before the twenty-third day of each month, | 44080 |
shall make and file a return for the preceding month, on forms | 44081 |
prescribed by the tax commissioner, and shall pay the tax shown on | 44082 |
the return to be due. The return shall show the amount of tax due | 44083 |
from the vendor to the state for the period covered by the return | 44084 |
and such other information as the commissioner deems necessary for | 44085 |
the proper administration of this chapter. The commissioner may | 44086 |
extend the time for making and filing returns and paying the tax, | 44087 |
and may require that the return for the last month of any annual | 44088 |
or semiannual period, as determined by the commissioner, be a | 44089 |
reconciliation return detailing the vendor's sales activity for | 44090 |
the preceding annual or semiannual period. The reconciliation | 44091 |
return shall be filed by the last day of the month following the | 44092 |
last month of the annual or semiannual period. The commissioner | 44093 |
may remit all or any part of amounts or penalties which may become | 44094 |
due under this chapter and may adopt rules relating thereto. Such | 44095 |
return shall be filed by mailing
| 44096 |
44097 | |
shown to be due thereon after deduction of any discount provided | 44098 |
for under this section. Remittance shall be made payable to the | 44099 |
treasurer of state. The return shall be considered filed when | 44100 |
received by the
| 44101 |
payment shall be considered made when received by the
| 44102 |
44103 | |
by the treasurer of state or the tax commissioner. If the return | 44104 |
is filed and the amount of tax shown thereon to be due is paid on | 44105 |
or before the date such return is required to be filed, the vendor | 44106 |
shall be entitled to a discount of three-fourths of one per cent | 44107 |
of the amount shown to be due on the return. Amounts paid to the | 44108 |
clerk of courts pursuant to section 4505.06 of the Revised Code | 44109 |
shall be subject to the three-fourths of one per cent discount. | 44110 |
The discount shall be in consideration for prompt payment to the | 44111 |
clerk of courts and for other services performed by the vendor in | 44112 |
the collection of the tax. | 44113 |
Upon application to the commissioner, a vendor who is | 44114 |
required to file monthly returns may be relieved of the | 44115 |
requirement to report and pay the actual tax due, provided that | 44116 |
the vendor agrees to remit to the
| 44117 |
commissioner payment of not less than an amount determined by the | 44118 |
commissioner to be the average monthly tax liability of the | 44119 |
vendor, based upon a review of the returns or other information | 44120 |
pertaining to such vendor for a period of not less than six months | 44121 |
nor more than two years immediately preceding the filing of the | 44122 |
application. Vendors who agree to the above conditions shall make | 44123 |
and file an annual or semiannual reconciliation return, as | 44124 |
prescribed by the commissioner. The reconciliation return shall | 44125 |
be filed by
mailing or delivering
| 44126 |
44127 | |
shown to be due thereon after deduction of any discount provided | 44128 |
in this section. Remittance shall be made payable to the treasurer | 44129 |
of state. Failure of a vendor to comply with any of the above | 44130 |
conditions may result in immediate reinstatement of the | 44131 |
requirement of reporting and paying the actual tax liability on | 44132 |
each monthly return, and the commissioner may at the | 44133 |
commissioner's discretion deny the vendor the right to report and | 44134 |
pay based upon the average monthly liability for a period not to | 44135 |
exceed two years. The amount
| 44136 |
commissioner to be the average monthly tax liability of a vendor | 44137 |
may be adjusted, based upon a review of the returns or other | 44138 |
information pertaining to the vendor for a period of not less than | 44139 |
six months nor more than two years preceding such adjustment. | 44140 |
The commissioner may authorize vendors whose tax liability is | 44141 |
not such as to merit monthly returns, as
| 44142 |
the commissioner upon the basis of administrative costs to the | 44143 |
state, to make and file returns at less frequent intervals. When | 44144 |
returns are filed at less frequent intervals in accordance with | 44145 |
such
| 44146 |
the discount of three-fourths of one per cent in consideration for | 44147 |
prompt payment with the return, provided the return is filed | 44148 |
together with payment of the amount of tax shown to be due | 44149 |
thereon, at the time specified by the commissioner. | 44150 |
| 44151 |
44152 | |
44153 | |
44154 | |
44155 | |
44156 | |
file a return or pay the full amount of the tax shown on the | 44157 |
return to be due under this section and the rules of the | 44158 |
commissioner may, for each such return the vendor fails to file or | 44159 |
each such tax the vendor fails to pay in full as shown on the | 44160 |
return within the period prescribed by this section and the rules | 44161 |
of the commissioner, be required to forfeit and pay into the state | 44162 |
treasury an additional charge not exceeding fifty dollars or ten | 44163 |
per cent of the tax required to be paid for the reporting period, | 44164 |
whichever is greater, as revenue arising from the tax imposed by | 44165 |
this chapter, and such sum may be collected by assessment in the | 44166 |
manner provided in section 5739.13 of the Revised Code. The | 44167 |
commissioner may remit all or a portion of the additional charge | 44168 |
and may adopt rules relating to the imposition and remission of | 44169 |
the additional charge. | 44170 |
If the amount required to be collected by a vendor from | 44171 |
consumers is in excess of five per cent of the vendor's receipts | 44172 |
from sales which are taxable under section 5739.02 of the Revised | 44173 |
Code, or in the case of sales subject to a tax levied pursuant to | 44174 |
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in | 44175 |
excess of the percentage equal to the aggregate rate of such taxes | 44176 |
and the tax levied by section 5739.02 of the Revised Code, such | 44177 |
excess shall be remitted along with the remittance of the amount | 44178 |
of tax due under section 5739.10 of the Revised Code. | 44179 |
The commissioner, if the commissioner deems it necessary in | 44180 |
order to insure the payment of the tax imposed by this chapter, | 44181 |
may require returns and payments to be made for other than monthly | 44182 |
periods. The returns shall be signed by the vendor or the | 44183 |
vendor's authorized agent. | 44184 |
Any vendor required to file a return and pay the tax under | 44185 |
this section whose total payment in any year indicated in division | 44186 |
(A) of section 5739.122 of the Revised Code equals or exceeds the | 44187 |
amount shown in that division shall make each payment required by | 44188 |
this section in the second ensuing and each succeeding year by | 44189 |
electronic funds transfer as prescribed by section 5739.122 of the | 44190 |
Revised Code, except as otherwise prescribed by that section. | 44191 |
Sec. 5739.121. As used in this section, "bad debt" means any | 44192 |
debt that has become worthless or uncollectible in the time period | 44193 |
between a vendor's preceding return and the present return, have | 44194 |
been uncollected for at least six months, and that may be claimed | 44195 |
as a deduction pursuant to the "Internal Revenue Code of 1954," | 44196 |
68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted | 44197 |
pursuant thereto, or that could be claimed as such a deduction if | 44198 |
the vendor kept accounts on an accrual basis. "Bad debt" does not | 44199 |
include any interest or sales tax on the purchase price, | 44200 |
uncollectible amounts on property that remains in the possession | 44201 |
of the vendor until the full purchase price is paid, expenses | 44202 |
incurred in attempting to collect any account receivable or for | 44203 |
any portion of the debt recovered, any accounts receivable that | 44204 |
have been sold to a third party for collection, and repossessed | 44205 |
property. | 44206 |
In computing taxable receipts for purposes of this chapter, a | 44207 |
vendor may deduct the amount of bad debts, as defined in this | 44208 |
section. The amount deducted must be charged off as uncollectible | 44209 |
on the books of the vendor. A deduction may be claimed only with | 44210 |
respect to bad debts on which the taxes pursuant to sections | 44211 |
5739.10 and 5739.12 of the Revised Code were paid in a preceding | 44212 |
tax period. If the vendor's business consists of taxable and | 44213 |
nontaxable transactions, the deduction shall equal the full amount | 44214 |
of the debt if the debt is documented as a taxable transaction in | 44215 |
the vendor's records. If no such documentation is available, the | 44216 |
maximum deduction on any bad debt shall equal the amount of the | 44217 |
bad debt multiplied by the quotient obtained by dividing the sales | 44218 |
taxed pursuant to this chapter during the preceding calendar year | 44219 |
by all sales during the preceding calendar year, whether taxed or | 44220 |
not. If a consumer or other person pays all or part of a bad debt | 44221 |
with respect to which a vendor claimed a deduction under this | 44222 |
section, the vendor shall be liable for the amount of taxes | 44223 |
deducted in connection with that portion of the debt for which | 44224 |
payment is received and shall
remit such taxes in
| 44225 |
next payment to the
| 44226 |
Any claim for a bad debt deduction under this section shall | 44227 |
be supported by such evidence as the tax commissioner by rule | 44228 |
requires. The commissioner shall review any change in the rate of | 44229 |
taxation applicable to any taxable sales by a vendor claiming a | 44230 |
deduction pursuant to this section and adopt rules for altering | 44231 |
the deduction in the event of such a change in order to ensure | 44232 |
that the deduction on any bad debt does not result in the vendor | 44233 |
claiming the deduction recovering any more or less than the taxes | 44234 |
imposed on the sale that constitutes the bad debt. | 44235 |
Sec. 5739.13. (A) If any vendor collects the tax imposed by | 44236 |
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of | 44237 |
the Revised Code, and fails to remit the tax to the state as | 44238 |
prescribed, or on the sale of a motor vehicle, watercraft, or | 44239 |
outboard motor required to be titled, fails to remit payment to a | 44240 |
clerk of a court of common pleas as provided in section 1548.06 or | 44241 |
4505.06 of the Revised Code, the vendor shall be personally liable | 44242 |
for any tax collected and not remitted. The tax commissioner may | 44243 |
make an assessment against such vendor based upon any information | 44244 |
in the commissioner's possession. | 44245 |
If any vendor fails to collect the tax or any consumer fails | 44246 |
to pay the tax imposed by or pursuant to section 5739.02, | 44247 |
5739.021, 5739.023, or 5739.026 of the Revised Code, on any | 44248 |
transaction subject to the tax, the vendor or consumer shall be | 44249 |
personally liable for the amount of the tax applicable to the | 44250 |
transaction. The commissioner may make an assessment against | 44251 |
either the vendor or consumer, as the facts may require, based | 44252 |
upon any information in the commissioner's possession. | 44253 |
An assessment against a vendor when the tax imposed by or | 44254 |
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of | 44255 |
the Revised Code has not been collected or paid, shall not | 44256 |
discharge the purchaser's or consumer's liability to reimburse the | 44257 |
vendor for the tax applicable to such transaction. | 44258 |
An assessment issued against either, pursuant to this | 44259 |
section, shall not be considered an election of remedies, nor a | 44260 |
bar to an assessment against the other for the tax applicable to | 44261 |
the same transaction, provided that no assessment shall be issued | 44262 |
against any person for the tax due on a particular transaction if | 44263 |
the tax on that transaction actually has been paid by another. | 44264 |
The commissioner may make an assessment against any vendor | 44265 |
who fails to file a return or remit the proper amount of tax | 44266 |
required by this chapter, or against any consumer who fails to pay | 44267 |
the proper amount of tax required by this chapter. When | 44268 |
information in the possession of the commissioner indicates that | 44269 |
the amount required to be collected or paid under this chapter is | 44270 |
greater than the amount remitted by the vendor or paid by the | 44271 |
consumer, the commissioner may audit a sample of the vendor's | 44272 |
sales or the consumer's purchases for a representative period, to | 44273 |
ascertain the per cent of exempt or taxable transactions or the | 44274 |
effective tax rate and may issue an assessment based on the audit. | 44275 |
The commissioner shall make a good faith effort to reach agreement | 44276 |
with the vendor or consumer in selecting a representative sample | 44277 |
period. | 44278 |
The tax commissioner may make an assessment, based on any | 44279 |
information in his possession, against any person who fails to | 44280 |
file a return or remit the proper amount of tax required by | 44281 |
section 5739.102 of the Revised Code. | 44282 |
The tax commissioner may issue an assessment on any | 44283 |
transaction for which any tax imposed under this chapter or | 44284 |
Chapter 5741. of the Revised Code was due and unpaid on the date | 44285 |
the vendor or consumer was informed by an agent of the tax | 44286 |
commissioner of an investigation or audit. If the vendor or | 44287 |
consumer remits any payment of the tax for the period covered by | 44288 |
the assessment after the vendor or consumer was informed of the | 44289 |
investigation or audit, the payment shall be credited against the | 44290 |
amount of the assessment. | 44291 |
The commissioner shall give the party assessed written notice | 44292 |
of the assessment as provided in section 5703.37 of the Revised | 44293 |
Code. | 44294 |
(B) Unless the party to whom the notice of assessment is | 44295 |
directed files with the commissioner within sixty days after | 44296 |
service of the notice of assessment, either personally or by | 44297 |
certified mail, a petition for reassessment in writing, signed by | 44298 |
the party assessed, or by the party's authorized agent having | 44299 |
knowledge of the facts, the assessment shall become final and the | 44300 |
amount of the assessment shall be due
| 44301 |
assessed and payable to the treasurer of state and remitted to the | 44302 |
tax commissioner. The petition shall indicate the objections of | 44303 |
the party assessed, but additional objections may be raised in | 44304 |
writing if received prior to the date shown on the final | 44305 |
determination by the commissioner. | 44306 |
Unless the petitioner waives a hearing, the commissioner | 44307 |
shall assign a time and place for the hearing on the petition and | 44308 |
notify the petitioner of the time and place of the hearing by | 44309 |
personal service or certified mail, but the commissioner may | 44310 |
continue the hearing from time to time if necessary. | 44311 |
The commissioner may make such correction to the assessment | 44312 |
as the commissioner finds proper. The commissioner shall serve a | 44313 |
copy of the commissioner's final determination on the petitioner | 44314 |
by personal service or certified mail, and the commissioner's | 44315 |
decision in the matter shall be final, subject to appeal as | 44316 |
provided in section 5717.02 of the Revised Code. Only objections | 44317 |
decided on the merits by the board of tax appeals or a court shall | 44318 |
be given collateral estoppel or res judicata effect in considering | 44319 |
an application for refund of amounts paid pursuant to the | 44320 |
assessment. | 44321 |
(C) After an assessment becomes final, if any portion of the | 44322 |
assessment remains unpaid, including accrued interest, a certified | 44323 |
copy of the commissioner's entry making the assessment final may | 44324 |
be filed in the office of the clerk of the court of common pleas | 44325 |
in the county in which the place of business of the party assessed | 44326 |
is located or the county in which the party assessed resides. If | 44327 |
the party assessed maintains no place of business in this state | 44328 |
and is not a resident of this state, the certified copy of the | 44329 |
entry may be filed in the office of the clerk of the court of | 44330 |
common pleas of Franklin county. | 44331 |
The clerk, immediately upon the filing of such entry, shall | 44332 |
enter a judgment for the state against the party assessed in the | 44333 |
amount shown on the entry. The judgment may be filed by the clerk | 44334 |
in a loose-leaf book entitled "special judgments for state, | 44335 |
county, and transit authority retail sales tax" or, if | 44336 |
appropriate, "special judgments for resort area excise tax," and | 44337 |
shall have the same effect as other judgments. Execution shall | 44338 |
issue upon the judgment upon the request of the tax commissioner, | 44339 |
and all laws applicable to sales on execution shall apply to sales | 44340 |
made under the judgment except as otherwise provided in this | 44341 |
chapter. | 44342 |
The portion of the assessment not paid within sixty days | 44343 |
after the date the assessment was issued shall bear interest at | 44344 |
the rate per annum prescribed by section 5703.47 of the Revised | 44345 |
Code from the day the tax commissioner issues the assessment until | 44346 |
the assessment is paid. Interest shall be paid in the same manner | 44347 |
as the tax and may be collected by issuing an assessment under | 44348 |
this section. | 44349 |
(D) All money collected by the commissioner under this | 44350 |
section shall be paid to the treasurer of state, and when paid | 44351 |
shall be considered as revenue arising from the taxes imposed by | 44352 |
or pursuant to sections 5739.01 to 5739.31 of the Revised Code. | 44353 |
Sec. 5739.18. On the first business day of each week, each | 44354 |
county auditor shall make in triplicate a list showing the names | 44355 |
of all vendors licensed in
| 44356 |
preceding week pursuant to
sections 5739.01 to 5739.31 | 44357 |
of the Revised Code, and such other information as to each, | 44358 |
available from the records in
| 44359 |
commissioner prescribes, and shall immediately certify one of such | 44360 |
lists to the commissioner, one to the treasurer of state, and one | 44361 |
to the county treasurer. The commissioner shall keep an | 44362 |
alphabetical index of such licensees so certified to
| 44363 |
commissioner but
| 44364 |
persons whose licenses have been cancelled. | 44365 |
Sec. 5741.10. The tax commissioner shall refund to sellers | 44366 |
the amount of tax levied pursuant to section 5741.02, 5741.021, | 44367 |
5741.022, or 5741.023 of the Revised Code paid on any illegal or | 44368 |
erroneous payment or assessment, where the seller has reimbursed | 44369 |
the consumer. When such payment or assessment was not paid to a | 44370 |
seller, but was paid by the consumer directly to the treasurer of | 44371 |
state,
| 44372 |
commissioner, or the commissioner's agent, the treasurer of state | 44373 |
shall make refund to the consumer. When such a refund is granted, | 44374 |
it shall include interest thereon as provided by section 5739.132 | 44375 |
of the Revised Code. Applications for refund shall be filed with | 44376 |
the tax commissioner, on the form prescribed by the commissioner, | 44377 |
within four years from the date of the illegal or erroneous | 44378 |
payment of the tax except where the vendor or consumer waives the | 44379 |
time limitation under division (C) of section 5741.16 of the | 44380 |
Revised Code, in which case the four-year refund limitation shall | 44381 |
be extended for the same period of time as the waiver. On filing | 44382 |
such application, the commissioner shall determine the amount of | 44383 |
refund due and shall certify such amount to the director of budget | 44384 |
and management and treasurer of state for payment from the tax | 44385 |
refund fund created by section 5703.052 of the Revised Code. | 44386 |
Sec. 5741.12. (A) Each seller required by section 5741.17 | 44387 |
of the Revised Code to register with the tax commissioner, and any | 44388 |
seller authorized by the commissioner to collect the tax imposed | 44389 |
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023 | 44390 |
of the Revised Code is subject to the same requirements and | 44391 |
entitled to the same deductions and discount for prompt payments | 44392 |
as are vendors under section 5739.12 of the Revised Code. The | 44393 |
powers and duties of the commissioner and the treasurer of state | 44394 |
with respect to returns and tax remittances under this section | 44395 |
shall be identical with those prescribed in section 5739.12 of the | 44396 |
Revised Code. | 44397 |
(B) Every person storing, using, or consuming tangible | 44398 |
personal property or receiving the benefit of a service, the | 44399 |
storage, use, consumption, or receipt of which is subject to the | 44400 |
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022, | 44401 |
or 5741.023 of the Revised Code, when such tax was not paid to a | 44402 |
seller, shall, on or before the twenty-third day of each month, | 44403 |
file with the
| 44404 |
preceding month in such form as is prescribed by the commissioner, | 44405 |
showing such information as the commissioner deems necessary, and | 44406 |
shall pay the tax shown on the return to be due. Remittance shall | 44407 |
be made payable to the treasurer of state. The commissioner may | 44408 |
require consumers to file returns and pay the tax at other than | 44409 |
monthly intervals, if
| 44410 |
filing is necessary for the efficient administration of the tax. | 44411 |
If the commissioner determines that a consumer's tax liability is | 44412 |
not such as to merit monthly filing, the commissioner may | 44413 |
authorize the consumer to file returns and pay tax at less | 44414 |
frequent intervals.
| 44415 |
44416 | |
44417 | |
44418 | |
44419 |
Any consumer required to file a return and pay the tax under | 44420 |
this section whose payment for any year indicated in section | 44421 |
5741.121 of the Revised Code equals or exceeds the amount shown in | 44422 |
that section shall make each payment required by this section in | 44423 |
the second ensuing and each succeeding year by means of electronic | 44424 |
funds transfer as prescribed by section 5741.121 of the Revised | 44425 |
Code, except as otherwise prescribed by that section. | 44426 |
(C) Every person storing, using, or consuming a motor | 44427 |
vehicle, watercraft, or outboard motor, the ownership of which | 44428 |
must be evidenced by certificate of title, shall file the return | 44429 |
required by this section and pay the tax due at or prior to the | 44430 |
time of filing an application for certificate of title. | 44431 |
Sec. 5743.62. (A) To provide revenue for the general | 44432 |
revenue fund of the state, an excise tax is hereby levied on the | 44433 |
seller of tobacco products in this state at the rate of seventeen | 44434 |
per cent of the wholesale price of the tobacco product whenever | 44435 |
the tobacco product is delivered to a consumer in this state for | 44436 |
the storage, use, or other consumption of such tobacco products. | 44437 |
The tax imposed by this section applies only to sellers having | 44438 |
nexus in this state, as defined in section 5741.01 of the Revised | 44439 |
Code. | 44440 |
(B) A seller of tobacco products who has nexus in this state | 44441 |
as defined in section 5741.01 of the Revised Code shall register | 44442 |
with the tax commissioner and supply any information concerning | 44443 |
| 44444 |
the tax commissioner. A seller who does not have nexus in this | 44445 |
state may voluntarily register with the tax commissioner. A | 44446 |
seller who voluntarily registers with the tax commissioner is | 44447 |
entitled to the same benefits and is subject to the same duties | 44448 |
and requirements as a seller required to be registered with the | 44449 |
tax commissioner under this division. | 44450 |
(C) Each seller of tobacco products subject to the tax | 44451 |
levied by this section, on or before the last day of each month, | 44452 |
shall file with the
| 44453 |
for the preceding month showing any information the tax | 44454 |
commissioner finds necessary for the proper administration of | 44455 |
sections 5743.51 to 5743.66 of the Revised Code, together with | 44456 |
remittance of the tax
due | 44457 |
| 44458 |
44459 | |
44460 | |
44461 | |
and payment of the tax required by this section shall be filed in | 44462 |
such a manner that it is
received by the
| 44463 |
commissioner on or before the last day of the month following the | 44464 |
reporting period. If the return is filed and the amount of the | 44465 |
tax shown on the return to be due is paid on or before the date | 44466 |
the return is required to be filed, the seller is entitled to a | 44467 |
discount equal to two and five-tenths per cent of the amount shown | 44468 |
on the return to be due. | 44469 |
(D) The tax commissioner shall immediately forward to the | 44470 |
treasurer of state all money received
| 44471 |
the
tax levied by this section, and the treasurer shall
| 44472 |
44473 |
(E) Each seller of tobacco products subject to the tax | 44474 |
levied by this section shall mark on the invoices of tobacco | 44475 |
products sold that the tax levied by that section has been paid | 44476 |
and shall indicate the seller's account number as assigned by the | 44477 |
tax commissioner. | 44478 |
Sec. 5743.63. (A) To provide revenue for the general | 44479 |
revenue fund of the state, an excise tax is hereby levied on the | 44480 |
storage, use, or other consumption of tobacco products at the rate | 44481 |
of seventeen per cent of the wholesale price of the tobacco | 44482 |
product, provided the tax has not been paid by the seller as | 44483 |
provided in section 5743.62 of the Revised Code, or by the | 44484 |
distributor as provided in section 5743.51 of the Revised Code. | 44485 |
(B) Each person subject to the tax levied by this section, | 44486 |
on or before the last day of each month, shall file with the | 44487 |
| 44488 |
month showing any information the tax commissioner finds necessary | 44489 |
for the proper administration of sections 5743.51 to 5743.66 of | 44490 |
the Revised
Code, together with remittance of the tax due | 44491 |
payable to the treasurer of
state
| 44492 |
44493 | |
44494 | |
44495 | |
44496 | |
section shall be filed in such a manner that it is received by the | 44497 |
| 44498 |
the month following the reporting period. | 44499 |
(C) The tax commissioner shall immediately forward to the | 44500 |
treasurer of state all money received
| 44501 |
the
tax levied by this section, and the treasurer shall
| 44502 |
44503 |
Sec. 5745.03. (A) For each taxable year, each taxpayer | 44504 |
shall
file an
annual report with the
| 44505 |
commissioner not later than the fifteenth day of the fourth month | 44506 |
after the end of the taxpayer's taxable year, and shall remit with | 44507 |
that report the amount of tax due as shown on the report less the | 44508 |
amount paid for the year under section 5745.04 of the Revised | 44509 |
Code. The remittance shall be made in the form prescribed by the | 44510 |
| 44511 |
commissioner. If the amount payable with the report exceeds one | 44512 |
thousand dollars, the taxpayer shall remit the amount by | 44513 |
electronic funds transfer as prescribed by the treasurer of state. | 44514 |
The tax commissioner shall immediately forward to the treasurer of | 44515 |
state all amounts that the tax commissioner receives pursuant to | 44516 |
this chapter. The treasurer of state shall credit ninety-eight | 44517 |
and one-half per cent of such remittances to the municipal income | 44518 |
tax fund, which is hereby created in the state treasury, and | 44519 |
credit the remainder to the municipal income tax administrative | 44520 |
fund, which is hereby
created in the state
treasury.
| 44521 |
44522 | |
44523 | |
44524 |
(B) Any taxpayer that has been granted an extension for | 44525 |
filing a federal income tax return may request an extension for | 44526 |
filing the return required under this section by filing with the | 44527 |
tax commissioner a copy of the taxpayer's request for the federal | 44528 |
filing extension. The request shall be filed not later than the | 44529 |
last day for filing the return as required under division (A) of | 44530 |
this section. If such a request is properly and timely filed, the | 44531 |
tax commissioner shall extend the last day for filing the return | 44532 |
required under this section for the same period for which the | 44533 |
federal filing extension was granted. The tax commissioner may | 44534 |
deny the filing extension request only if the taxpayer fails to | 44535 |
timely file the request, fails to file a copy of the federal | 44536 |
extension request, owes past due taxes, interest, or penalty under | 44537 |
this chapter, or has failed to file a required report or other | 44538 |
document for a prior taxable year. The granting of an extension | 44539 |
under this section does not extend the last day for paying taxes | 44540 |
without penalty pursuant to this chapter unless the tax | 44541 |
commissioner extends the payment date. | 44542 |
(C) The annual report shall include statements of the | 44543 |
following facts as of the last day of the taxpayer's taxable year: | 44544 |
(1) The name of the taxpayer; | 44545 |
(2) The name of the state or country under the laws of which | 44546 |
it is incorporated; | 44547 |
(3) The location of its principal office in this state and, | 44548 |
in the case of a taxpayer organized under the laws of another | 44549 |
state, the principal place of business in this state and the name | 44550 |
and address of the officer or agent of the taxpayer in charge of | 44551 |
the business conducted in this state; | 44552 |
(4) The names of the president, secretary, treasurer, and | 44553 |
statutory agent in this state, with the post-office address of | 44554 |
each; | 44555 |
(5) The date on which the taxpayer's taxable year begins and | 44556 |
ends; | 44557 |
(6) The taxpayer's federal taxable income during the | 44558 |
taxpayer's taxable year; | 44559 |
(7) Any other information the tax commissioner requires for | 44560 |
the proper administration of this chapter. | 44561 |
(D) The tax commissioner may require any reports required | 44562 |
under this chapter to be filed in an electronic format. | 44563 |
(E) A municipal corporation may not require a taxpayer | 44564 |
required to file a report under this section to file a report of | 44565 |
the taxpayer's income, but a municipal corporation may require a | 44566 |
taxpayer to report to the municipal corporation the value of the | 44567 |
taxpayer's real and tangible personal property situated in the | 44568 |
municipal corporation, compensation paid by the taxpayer to its | 44569 |
employees in the municipal corporation, and sales made in the | 44570 |
municipal corporation by the taxpayer, to the extent necessary for | 44571 |
the municipal corporation to compute the taxpayer's municipal | 44572 |
property, payroll, and sales factors for the municipal | 44573 |
corporation. | 44574 |
(F) On or before the thirty-first day of January each year, | 44575 |
each municipal corporation imposing a tax on income shall certify | 44576 |
to the tax commissioner the rate of the tax in effect on the first | 44577 |
day of January of that year. If any municipal corporation fails | 44578 |
to certify its income tax rate as required by this division, the | 44579 |
tax commissioner shall notify the director of budget and | 44580 |
management, who, upon receiving such notification, shall withhold | 44581 |
from each payment made to the municipal corporation under section | 44582 |
5745.05 of the Revised Code fifty per cent of the amount of the | 44583 |
payment otherwise due the municipal corporation under that section | 44584 |
as computed on the basis of the tax rate most recently certified | 44585 |
until the municipal corporation certifies the tax rate in effect | 44586 |
on the first day of January of that year. | 44587 |
The tax rate used to determine the tax payable to a municipal | 44588 |
corporation under this section for a taxpayer's taxable year shall | 44589 |
be the tax rate in effect in a municipal corporation on the first | 44590 |
day of January in that taxable year. If a taxpayer's taxable year | 44591 |
is for a period less than twelve months that does not include the | 44592 |
first day of January, the tax rate used to determine the tax | 44593 |
payable to a municipal corporation under this section for the | 44594 |
taxpayer's taxable year shall be the tax rate in effect in a | 44595 |
municipal corporation on the first day of January in the preceding | 44596 |
taxable year. | 44597 |
Sec. 5745.04. (A) As used in this section, "combined tax | 44598 |
liability" means the total of a taxpayer's income tax liabilities | 44599 |
to all municipal corporations in this state for a taxable year. | 44600 |
(B) Beginning with its taxable year beginning in 2003, each | 44601 |
taxpayer shall file a declaration of estimated tax report with, | 44602 |
and remit estimated taxes to the tax commissioner, payable to the | 44603 |
treasurer of state, at the times and in the amounts prescribed in | 44604 |
divisions (B)(1) to (4) of this section. This division also | 44605 |
applies to a taxpayer having a taxable year consisting of fewer | 44606 |
than twelve months, at least one of which is in 2002, that ends | 44607 |
before January 1, 2003. | 44608 |
(1) Not less than twenty-five per cent of the combined tax | 44609 |
liability for the preceding taxable year or twenty per cent of the | 44610 |
combined tax liability for the current taxable year shall have | 44611 |
been remitted not later than the fifteenth day of the fourth month | 44612 |
after the end of the preceding taxable year. | 44613 |
(2) Not less than fifty per cent of the combined tax | 44614 |
liability for the preceding taxable year or forty per cent of the | 44615 |
combined tax liability for the current taxable year shall have | 44616 |
been remitted not later than the fifteenth day of the sixth month | 44617 |
after the end of the preceding taxable year. | 44618 |
(3) Not less than seventy-five per cent of the combined tax | 44619 |
liability for the preceding taxable year or sixty per cent of the | 44620 |
combined tax liability for the current taxable year shall have | 44621 |
been remitted not later than the fifteenth day of the ninth month | 44622 |
after the end of the preceding taxable year. | 44623 |
(4) Not less than one hundred per cent of the combined tax | 44624 |
liability for the preceding taxable year or eighty per cent of the | 44625 |
combined tax liability for the current taxable year shall have | 44626 |
been remitted not later than the fifteenth day of the twelfth | 44627 |
month after the end of the preceding taxable year. | 44628 |
(C) Each taxpayer shall report on the declaration of | 44629 |
estimated tax report the portion of the remittance that the | 44630 |
taxpayer estimates that it owes to each municipal corporation for | 44631 |
the taxable year. | 44632 |
(D) Upon receiving a declaration of estimated tax report and | 44633 |
remittance of estimated taxes under this section, the tax | 44634 |
commissioner shall immediately forward to the treasurer of state | 44635 |
such remittance. The treasurer of state shall credit ninety-eight | 44636 |
and one-half per cent of the remittance to the municipal income | 44637 |
tax fund and credit the remainder to the municipal income tax | 44638 |
administrative fund | 44639 |
44640 |
(E) If any remittance of estimated taxes is for one thousand | 44641 |
dollars or more, the taxpayer shall make the remittance by | 44642 |
electronic funds transfer as prescribed by section 5745.04 of the | 44643 |
Revised Code. | 44644 |
(F) Notwithstanding section 5745.08 or 5745.09 of the | 44645 |
Revised Code, no penalty or interest shall be imposed on a | 44646 |
taxpayer if the declaration of estimated tax report is properly | 44647 |
filed, and the estimated tax is
| 44648 |
prescribed by division (B) of this section. | 44649 |
Sec. 5747.122. (A) The tax commissioner, in accordance with | 44650 |
section 5101.184 of the Revised Code, shall cooperate with the | 44651 |
director of job and family services to collect overpayments of | 44652 |
assistance under Chapter 5107., 5111., or 5115., former Chapter | 44653 |
5113., or
| 44654 |
from refunds of state income taxes for taxable year 1992 and | 44655 |
thereafter that are payable to the recipients of such | 44656 |
overpayments. | 44657 |
(B) At the request of the department of job and family | 44658 |
services in connection with the collection of an overpayment of | 44659 |
assistance from a refund of state income taxes pursuant to this | 44660 |
section and section 5101.184 of the Revised Code, the tax | 44661 |
commissioner shall release to the department the home address and | 44662 |
social security number of any recipient of assistance whose | 44663 |
overpayment may be collected from a refund of state income taxes | 44664 |
under those sections. | 44665 |
(C) In the case of a joint income tax return for two people | 44666 |
who were not married to each other at the time one of them | 44667 |
received an overpayment of assistance, only the portion of a | 44668 |
refund that is due to the recipient of the overpayment shall be | 44669 |
available for collection of the overpayment under this section and | 44670 |
section 5101.184 of the Revised Code. The tax commissioner shall | 44671 |
determine such portion. A recipient's spouse who objects to the | 44672 |
portion as determined by the commissioner may file a complaint | 44673 |
with the commissioner within twenty-one days after receiving | 44674 |
notice of the collection, and the commissioner shall afford the | 44675 |
spouse an opportunity to be heard on the complaint. The | 44676 |
commissioner shall waive or extend the twenty-one-day period if | 44677 |
the recipient's spouse establishes that such action is necessary | 44678 |
to avoid unjust, unfair, or unreasonable results. After the | 44679 |
hearing, the commissioner shall make a final determination of the | 44680 |
portion of the refund available for collection of the overpayment. | 44681 |
(D) The welfare overpayment intercept fund is hereby created | 44682 |
in the state treasury. The tax commissioner shall deposit amounts | 44683 |
collected from income tax refunds under this section to the credit | 44684 |
of the welfare overpayment intercept fund. The director of job and | 44685 |
family services shall distribute money in the fund in accordance | 44686 |
with appropriate federal or state laws and procedures regarding | 44687 |
collection of welfare overpayments. | 44688 |
Sec. 5747.221.
| 44689 |
pass-through entity" has the same meaning as in section 5733.401 | 44690 |
of the Revised Code. | 44691 |
(B) Except as provided in division (C) of this section, for | 44692 |
the purposes of sections 5747.20, 5747.21, and 5747.22 of the | 44693 |
Revised Code, no item of income or deduction shall be allocated or | 44694 |
apportioned to this state to the extent that such item represents | 44695 |
| 44696 |
which the withholding tax is not imposed under section 5747.41 of | 44697 |
the Revised Code by reason of division (C) of section 5733.401 of | 44698 |
the Revised Code. This section shall be applied without regard to | 44699 |
division (I) of section 5733.40 of the Revised Code. | 44700 |
(C) If a taxpayer has a direct or indirect investment in an | 44701 |
investment pass-through entity that has a direct or indirect | 44702 |
investment in any other pass-through entity, division (B) of this | 44703 |
section does not apply to any item of income, gain, deduction, or | 44704 |
loss where, under section 5747.231 of the Revised Code, the item | 44705 |
is directly or indirectly attributable to either of the following: | 44706 |
(1) A distributive share of income or gain from a | 44707 |
pass-through entity that does not qualify as an investment | 44708 |
pass-through entity; | 44709 |
(2) A pass-through entity's income or gain to which | 44710 |
division (C) of section 5733.401 of the Revised Code does not | 44711 |
apply. | 44712 |
An indirect investment includes any interest that a person | 44713 |
constructively owns on account of the attribution rules set forth | 44714 |
in section 267, 318, or 1563 of the Internal Revenue Code. | 44715 |
Sec. 5747.39. As used in this section, "eligible employee" | 44716 |
and "eligible training costs" have the same meanings as in section | 44717 |
5733.42 of the Revised Code, and "pass-through entity" includes a | 44718 |
sole proprietorship. | 44719 |
For taxable years beginning after December 31,
| 44720 |
there is hereby allowed a nonrefundable credit against the tax | 44721 |
imposed by section 5747.02 of the Revised Code for a taxpayer that | 44722 |
is an investor in a pass-through entity for which a tax credit | 44723 |
certificate is issued under section 5733.42 of the Revised Code. | 44724 |
The amount of eligible training costs for which a credit may be | 44725 |
claimed by all taxpayers that are investors in an entity shall | 44726 |
equal one-half of the average of the eligible training costs | 44727 |
incurred by the entity during the three
calendar
| 44728 |
year period that ends in the taxable year for which the credit is | 44729 |
claimed, but shall not exceed one thousand dollars for each | 44730 |
eligible employee on account of whom such costs were paid or | 44731 |
incurred by the entity, and the total amount of credits that may | 44732 |
be claimed by all such taxpayers shall not exceed one hundred | 44733 |
thousand dollars each year. Each taxpayer's credit shall be | 44734 |
claimed for the taxpayer's taxable year that includes the last day | 44735 |
of the third calendar year of the three-year period during which | 44736 |
eligible training costs are paid or incurred by the entity. The | 44737 |
credit may be claimed for eligible training costs paid or incurred | 44738 |
on
or before December 31,
| 44739 |
If a pass-through entity, on or before June 30, 2001, had | 44740 |
properly filed an application for the credit on the basis of | 44741 |
eligible training costs paid or incurred in calendar year 1999, | 44742 |
2000, or 2001 as provided in division (C) of section 5733.42 of | 44743 |
the Revised Code, the director of job and family services may | 44744 |
authorize a credit for the eligible training costs for which the | 44745 |
application was filed subject to the limitations and requirements | 44746 |
of this section and section 5733.42 of the Revised Code, but the | 44747 |
tax credit certificate may be applied only to a taxpayer's tax | 44748 |
liability for the taxpayer's taxable year beginning in 2003. The | 44749 |
credit claimed by such a taxpayer shall be computed in the manner | 44750 |
prescribed by this section; is subject to the limitations of this | 44751 |
section on the amount of the credit for each eligible employee and | 44752 |
for all taxpayers with respect to the same entity each year; and | 44753 |
shall be in addition to any credit claimed by the taxpayer under | 44754 |
this section for the taxpayer's taxable year beginning in 2003. | 44755 |
For the purpose of the limitation on the amount of the credit that | 44756 |
may be claimed by all taxpayers with respect to the same entity | 44757 |
for a taxable year beginning in 2003, tax credit certificates | 44758 |
issued pursuant to applications filed before June 30, 2001, shall | 44759 |
not be considered as being claimed for that taxable year. | 44760 |
The amount of a taxpayer's credit shall equal the taxpayer's | 44761 |
interest in the entity on the last day of the third calendar year | 44762 |
of the three-year period ending in or with the last day of the | 44763 |
taxpayer's taxable year, multiplied by the credit available to the | 44764 |
entity as computed by the entity. | 44765 |
The credit shall be claimed in the order prescribed by | 44766 |
section 5747.98 of the Revised Code. A taxpayer may carry forward | 44767 |
the credit to the extent that the taxpayer's credit exceeds the | 44768 |
taxpayer's tax due after allowing for any other credits that | 44769 |
precede the credit allowed by this section in the order prescribed | 44770 |
by section 5747.98 of the Revised Code. The taxpayer may carry | 44771 |
the excess credit forward for three taxable years following the | 44772 |
taxable year for which the taxpayer first claims the credit under | 44773 |
this section. | 44774 |
A pass-through entity shall apply to the director of job and | 44775 |
family services for a tax credit certificate in the manner | 44776 |
prescribed by division (C) of section 5733.42 of the Revised Code. | 44777 |
Divisions (C) to (H) of that section govern the tax credit allowed | 44778 |
by this section, except that "taxable year" shall be substituted | 44779 |
for "tax year" wherever that phrase appears in those divisions, | 44780 |
and that "pass-through entity" shall be substituted for "taxpayer" | 44781 |
wherever "taxpayer" appears in those divisions. | 44782 |
Sec. 5749.06. Each severer liable for the tax imposed by | 44783 |
section 5749.02 of the Revised Code shall make and file returns | 44784 |
with the tax commissioner in the prescribed form and as of the | 44785 |
prescribed times, computing and reflecting therein the tax as | 44786 |
required by this chapter. | 44787 |
The returns shall be filed for every quarterly period, which | 44788 |
periods shall end on the thirty-first of March, the thirtieth day | 44789 |
of June, the thirtieth day of September, and the thirty-first day | 44790 |
of December of each year, as required by this section, unless a | 44791 |
different return period is prescribed for a taxpayer by the tax | 44792 |
commissioner. | 44793 |
A separate return shall be filed for each calendar quarterly | 44794 |
period, or other period, or any part thereof, during which the | 44795 |
severer holds a license as provided by section 5749.04 of the | 44796 |
Revised Code, or is required to hold such license, and such return | 44797 |
shall be filed within forty-five days after the last day of each | 44798 |
such calendar month, or other period, or any part thereof, for | 44799 |
which such return is required and shall include remittance payable | 44800 |
to the treasurer of state of the amount of tax due. All such | 44801 |
returns shall contain such information as the commissioner may | 44802 |
require to fairly administer the tax. | 44803 |
All returns shall be signed by the severer, shall contain the | 44804 |
full and complete information requested, and shall be made under | 44805 |
penalty of perjury. | 44806 |
If the commissioner believes that quarterly payments of tax | 44807 |
would result in a delay which might jeopardize the collection of | 44808 |
such tax payments, the commissioner may order that such payments | 44809 |
be made weekly, or more frequently if necessary, such payments to | 44810 |
be made not later than seven days following the close of the | 44811 |
period for which the jeopardy payment is required. Such an order | 44812 |
shall be delivered to the taxpayer personally or by certified mail | 44813 |
and shall remain in effect until the commissioner notifies the | 44814 |
taxpayer to the contrary. | 44815 |
Upon good cause the commissioner may extend the period for | 44816 |
filing any notice or return required to be filed under this | 44817 |
section, and may remit all or a part of penalties that may become | 44818 |
due under this chapter. | 44819 |
Any tax not paid by the day the tax is due shall bear | 44820 |
interest computed at the rate per annum prescribed by section | 44821 |
5703.47 of the Revised Code on that amount of tax due from the day | 44822 |
that such amount was originally required to be paid to the day of | 44823 |
actual payment or to the day an assessment was issued under | 44824 |
section 5749.07 or 5749.10 of the Revised Code, whichever occurs | 44825 |
first. | 44826 |
The severer shall make all payments payable to the treasurer | 44827 |
of state. All amounts that the tax commissioner receives under | 44828 |
this section shall be deemed to be revenue from taxes imposed | 44829 |
under this chapter. The tax commissioner shall immediately forward | 44830 |
to the treasurer of state all amounts received under this section. | 44831 |
Sec. 6101.25. The board of directors of a conservancy | 44832 |
district may construct, improve, operate, maintain, and protect | 44833 |
parks, parkways, forest preserves, bathing beaches, playgrounds, | 44834 |
and other recreational facilities upon the lands owned or | 44835 |
controlled by the district, or upon lands located within the | 44836 |
district owned or controlled by the United States government or | 44837 |
any department of it, by this state or any department or division | 44838 |
of it, or by any political subdivision, if authorized by lease, | 44839 |
contract, or other arrangements with the appropriate agency of | 44840 |
government having ownership or control. The board may acquire by | 44841 |
lease, purchase, or appropriation property additional to that | 44842 |
required for the purposes for which the district was incorporated, | 44843 |
in order to provide for the protection, more adequate development, | 44844 |
and fuller public use and enjoyment of the improvements and | 44845 |
facilities. The board may impose and collect charges for the use | 44846 |
of the properties, improvements, and facilities maintained or | 44847 |
operated by the district for recreational purposes. Moneys | 44848 |
collected from these charges may be used to promote the district's | 44849 |
recreational facilities. | 44850 |
In case the revenues derived or to be derived from the | 44851 |
properties, improvements, and facilities maintained, operated, | 44852 |
used, or acquired by the district for recreational purposes are | 44853 |
not sufficient for the purposes of this section, the board, with | 44854 |
the approval of the court, may provide for the payment of | 44855 |
obligations incurred under this section by the levy of special | 44856 |
assessments upon all the taxable property of the district and upon | 44857 |
public corporations having lands within the district. | 44858 |
In no case shall the obligations incurred under this section | 44859 |
be paid from the proceeds of special assessments levied under | 44860 |
section 6101.48 or 6101.53 of the Revised Code, or of bonds or | 44861 |
notes issued in anticipation of them. After special assessments | 44862 |
against the taxable property and public corporations are approved | 44863 |
by the court, the board of appraisers of the conservancy district | 44864 |
shall appraise the benefits to be conferred on each parcel of | 44865 |
taxable property and public corporation by reason of the | 44866 |
acquisition and construction of the properties and improvements | 44867 |
authorized by the board of directors under this section, and shall | 44868 |
appraise the damages accruing to persons and public corporations | 44869 |
from the improvements. The provisions of this chapter that refer | 44870 |
to the determination of benefits and damages apply to the | 44871 |
appraisals made under this section, but they shall be separate | 44872 |
from other appraisals of benefits and damages made under this | 44873 |
chapter, and separate records of them shall be prepared. After the | 44874 |
appraisal of benefits has been approved by the court, and within | 44875 |
the amount of benefits so determined, the board of directors may | 44876 |
levy assessments on the taxable property and public corporations | 44877 |
benefited to pay the cost of the properties and improvements | 44878 |
acquired and constructed under this section, and may issue bonds | 44879 |
and notes in anticipation of the collection of these assessments. | 44880 |
In addition, the board of directors may annually levy a | 44881 |
maintenance assessment for the purposes of this section on the | 44882 |
taxable property and public corporations upon the basis of total | 44883 |
appraised benefits. The provisions of this chapter that relate to | 44884 |
assessments for district purposes and to bonds and notes issued in | 44885 |
anticipation of the assessments apply to the assessments | 44886 |
authorized under this section and the bonds and notes issued in | 44887 |
anticipation of the assessments. Improvement, bond retirement, | 44888 |
and maintenance funds shall be established for recreational | 44889 |
purposes in conformity with section 6101.44 of the Revised Code, | 44890 |
which shall be separate from one another and from other funds of | 44891 |
the district, and no transfers shall be made to them from the | 44892 |
other funds of the district. The proceeds of all bonds, notes, | 44893 |
and assessments authorized by this section and all receipts | 44894 |
derived from the recreational properties, improvements, and | 44895 |
facilities owned, controlled, operated, or maintained by the | 44896 |
district shall be paid into those funds, and all expenditures in | 44897 |
accordance with this section shall be made from them. | 44898 |
Sec. 6109.21. (A) Except as provided in divisions (D) and | 44899 |
(E) of this section, on and after January 1, 1994, no person shall | 44900 |
operate or maintain a public water system in this state without a | 44901 |
license issued by the director of environmental protection. A | 44902 |
person who operates or maintains a public water system on January | 44903 |
1, 1994, shall obtain an initial license under this section in | 44904 |
accordance with the following schedule: | 44905 |
(1) If the public water system is a community water system, | 44906 |
not later than January 31, 1994; | 44907 |
(2) If the public water system is not a community water | 44908 |
system and serves a nontransient population, not later than | 44909 |
January 31, 1994; | 44910 |
(3) If the public water system is not a community water | 44911 |
system and serves a transient population, not later than January | 44912 |
31, 1995. | 44913 |
A person proposing to operate or maintain a new public water | 44914 |
system after January 1, 1994, in addition to complying with | 44915 |
section 6109.07 of the Revised Code and rules adopted under it, | 44916 |
shall submit an application for an initial license under this | 44917 |
section to the director prior to commencing operation of the | 44918 |
system. | 44919 |
A license or license renewal issued under this section shall | 44920 |
be renewed annually. Such a license or license renewal shall | 44921 |
expire on the thirtieth day of January in the year following its | 44922 |
issuance. A license holder that proposes to continue operating | 44923 |
the public water system for which the license or license renewal | 44924 |
was issued shall apply for a license renewal at least thirty days | 44925 |
prior to that expiration date. | 44926 |
The director shall adopt, and may amend and rescind, rules in | 44927 |
accordance with Chapter 119. of the Revised Code establishing | 44928 |
procedures governing and information to be included on | 44929 |
applications for licenses and license renewals under this section. | 44930 |
Through June 30,
| 44931 |
by the appropriate fee established under division (M) of section | 44932 |
3745.11 of the Revised Code, provided that an applicant for an | 44933 |
initial license who is proposing to operate or maintain a new | 44934 |
public water system after January 1, 1994, shall submit a fee that | 44935 |
equals a prorated amount of the appropriate fee established under | 44936 |
that division for the remainder of the licensing year. | 44937 |
(B) Not later than thirty days after receiving a completed | 44938 |
application and the appropriate license fee for an initial license | 44939 |
under division (A) of this section, the director shall issue the | 44940 |
license for the public water system. Not later than thirty days | 44941 |
after receiving a completed application and the appropriate | 44942 |
license fee for a license renewal under division (A) of this | 44943 |
section, the director shall do one of the following: | 44944 |
(1) Issue the license renewal for the public water system; | 44945 |
(2) Issue the license renewal subject to terms and | 44946 |
conditions that the director determines are necessary to ensure | 44947 |
compliance with this chapter and rules adopted under it; | 44948 |
(3) Deny the license renewal if the director finds that the | 44949 |
public water system was not operated in substantial compliance | 44950 |
with this chapter and rules adopted under it. | 44951 |
(C) The director may suspend or revoke a license or license | 44952 |
renewal issued under this section if the director finds that the | 44953 |
public water system was not operated in substantial compliance | 44954 |
with this chapter and rules adopted under it. The director shall | 44955 |
adopt, and may amend and rescind, rules in accordance with Chapter | 44956 |
119. of the Revised Code governing such suspensions and | 44957 |
revocations. | 44958 |
(D)(1) As used in division (D) of this section, "church" | 44959 |
means a fellowship of believers, congregation, society, | 44960 |
corporation, convention, or association that is formed primarily | 44961 |
or exclusively for religious purposes and that is not formed or | 44962 |
operated for the private profit of any person. | 44963 |
(2) This section does not apply to a church that operates or | 44964 |
maintains a public water system solely to provide water for that | 44965 |
church or for a campground that is owned by the church and | 44966 |
operated primarily or exclusively for members of the church and | 44967 |
their families. A church that, on or before March 5, 1996, has | 44968 |
obtained a license under this section for such a public water | 44969 |
system need not obtain a license renewal under this section. | 44970 |
(E) This section does not apply to any public or nonpublic | 44971 |
school that meets minimum standards of the state board of | 44972 |
education that operates or maintains a public water system solely | 44973 |
to provide water for that school. | 44974 |
Sec. 6111.035. (A) The director of environmental | 44975 |
protection, consistent with the Federal Water Pollution Control | 44976 |
Act and the regulations adopted thereunder, without application | 44977 |
therefor, may issue, modify, revoke, or terminate a general permit | 44978 |
under this chapter for both of the following: | 44979 |
(1) Discharge of stormwater; the discharge of liquids, | 44980 |
sediments, solids, or water-borne mining related waste, such as, | 44981 |
but not limited to, acids, metallic cations, or their salts, from | 44982 |
coal mining and reclamation operations as defined in section | 44983 |
1513.01 of the Revised Code; or treatment works whose discharge | 44984 |
would have de minimis impact on the waters of the state receiving | 44985 |
the discharge; | 44986 |
(2) Installation or modification of disposal systems or any | 44987 |
parts thereof, including disposal systems for stormwater or for | 44988 |
coal mining and reclamation operations as defined in section | 44989 |
1513.01 of the Revised Code. | 44990 |
A general permit shall apply to a class or category of | 44991 |
discharges or disposal systems or to persons conducting similar | 44992 |
activities, within any area of the state, including the entire | 44993 |
state. | 44994 |
A general permit shall not be issued unless the director | 44995 |
determines that the discharges authorized by the permit will have | 44996 |
only minimal cumulative adverse effects on the environment when | 44997 |
the discharges are considered collectively and individually and | 44998 |
if, in the opinion of the director, the discharges, installations, | 44999 |
or modifications authorized by the permit are more appropriately | 45000 |
authorized by a general permit than by an individual permit. | 45001 |
A general permit shall be issued subject to applicable | 45002 |
mandatory provisions and may be issued subject to any applicable | 45003 |
permissive provision of the Federal Water Pollution Control Act | 45004 |
and the regulations adopted thereunder. | 45005 |
The director, at the director's discretion, may require any | 45006 |
person authorized to discharge or to install or modify a disposal | 45007 |
system under a general permit to apply for and obtain an | 45008 |
individual permit for the discharge, installation, or | 45009 |
modification. When a particular discharge, installation, or | 45010 |
modification is subject to an individual permit, a general permit | 45011 |
shall not apply to that discharge, installation, or modification | 45012 |
until the individual permit is revoked, terminated, or modified to | 45013 |
exclude the discharge, installation, or modification. | 45014 |
(B) Notwithstanding any requirement under Chapter 119. of | 45015 |
the Revised Code concerning the manner in which notice of a permit | 45016 |
action is provided, the director shall not be required to provide | 45017 |
certified mail notice to persons subject to the issuance, | 45018 |
modification, revocation, or termination of a general permit under | 45019 |
division (A) of this section. | 45020 |
Notwithstanding section 3745.07 of the Revised Code | 45021 |
concerning the location of newspapers in which notices of permit | 45022 |
actions are published, the director shall cause notice of the | 45023 |
issuance, modification, revocation, or termination of a general | 45024 |
permit to be published in the newspapers of general circulation | 45025 |
determined by the director to provide reasonable notice to persons | 45026 |
affected by the permit action in the geographic area covered by | 45027 |
the general permit within the time periods prescribed by section | 45028 |
3745.07 of the Revised Code. Any notice under this section or | 45029 |
section 3745.07 of the Revised Code concerning the issuance, | 45030 |
modification, revocation, or termination of a general permit shall | 45031 |
include a summary of the permit action and instructions on how to | 45032 |
obtain a copy of the full text of the permit action. The director | 45033 |
may take other appropriate measures, such as press releases and | 45034 |
notice to trade journals, associations, and other persons known to | 45035 |
the director to desire notification, in order to provide notice of | 45036 |
the director's actions concerning the issuance, modification, | 45037 |
revocation, or termination of a general permit; however, the | 45038 |
failure to provide such notice shall not invalidate any general | 45039 |
permit. | 45040 |
(C) Notwithstanding any other provision of the Revised Code, | 45041 |
a person subject to the proposed issuance, modification, | 45042 |
revocation, or termination of a general permit under division (A) | 45043 |
of this section may request an adjudication hearing pursuant to | 45044 |
section 119.07 of the Revised Code concerning the proposed action | 45045 |
within thirty days after publication of the notice of the proposed | 45046 |
action in newspapers of general circulation pursuant to division | 45047 |
(B) of this section. This division shall not be interpreted to | 45048 |
affect the authority of the director to take actions on general | 45049 |
permits in forms other than proposed general permits. | 45050 |
(D) The director may exercise all incidental powers required | 45051 |
to carry out this section, including, without limitation, the | 45052 |
adoption, amendment, and rescission of rules to implement a | 45053 |
general permit program for classes or categories of dischargers or | 45054 |
disposal systems. | 45055 |
(E) On and after the date on which the United States | 45056 |
environmental protection agency approves the NPDES program | 45057 |
submitted by the director of agriculture under section 903.08 of | 45058 |
the Revised Code, this section does not apply to storm water from | 45059 |
an animal feeding facility, as defined in section 903.01 of the | 45060 |
Revised Code, or to manure, as defined in that section. | 45061 |
(F) As used in this section, "Federal Water Pollution | 45062 |
Control Act" means the "Federal Water Pollution Control Act | 45063 |
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by | 45064 |
the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, | 45065 |
the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254, | 45066 |
the "Municipal Wastewater Treatment Construction Grant Amendments | 45067 |
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality | 45068 |
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251. | 45069 |
Sec. 6111.044. Upon receipt of an application for an | 45070 |
injection well drilling permit, an injection well operating | 45071 |
permit, a renewal of an injection well operating permit, or a | 45072 |
modification of an injection well drilling permit, operating | 45073 |
permit, or renewal of an operating permit, the director of | 45074 |
environmental protection shall determine whether the application | 45075 |
is complete and demonstrates that the activities for which the | 45076 |
permit, renewal permit, or modification is requested will comply | 45077 |
with the Federal Water Pollution Control Act and regulations | 45078 |
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 | 45079 |
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted | 45080 |
under it; and this chapter and the rules adopted under it. If the | 45081 |
application demonstrates that the proposed activities will not | 45082 |
comply or will pose an unreasonable risk of inducing seismic | 45083 |
activity, inducing geologic fracturing, or contamination of an | 45084 |
underground source of drinking water, the director shall deny the | 45085 |
application. If the application does not make the required | 45086 |
demonstrations, the director shall return it to the applicant with | 45087 |
an indication of those matters about which a required | 45088 |
demonstration was not made. If the director determines that the | 45089 |
application makes the required demonstrations, the director shall | 45090 |
transmit copies of the application and all of the accompanying | 45091 |
maps, data, samples, and information to the chief of the division | 45092 |
of mineral resources management, the chief of the division of | 45093 |
geological survey, and the chief of the division of water in the | 45094 |
department of natural resources. | 45095 |
The chief of the division of geological survey shall comment | 45096 |
upon the application if the chief determines that the proposed | 45097 |
well or injection will present an unreasonable risk of loss or | 45098 |
damage to valuable mineral resources. If the chief submits | 45099 |
comments on the application, those comments shall be accompanied | 45100 |
by an evaluation of the geological factors upon which the comments | 45101 |
are based, including fractures, faults, earthquake potential, and | 45102 |
the porosity and permeability of the injection zone and confining | 45103 |
zone, and by the documentation supporting the evaluation. The | 45104 |
director shall take into consideration the chief's comments, and | 45105 |
the accompanying evaluation of geologic factors and supporting | 45106 |
documentation, when considering the application. The director | 45107 |
shall provide written notice to the chief of the director's | 45108 |
decision on the application and, if the chief's comments are not | 45109 |
included in the permit, renewal permit, or modification, of the | 45110 |
director's rationale for not including them. | 45111 |
The chief of the division of mineral resources management | 45112 |
shall comment upon the application if the chief determines that | 45113 |
the proposed well or injection will present an unreasonable risk | 45114 |
that waste or contamination of recoverable oil or gas in the earth | 45115 |
will occur. If the chief submits comments on the application, | 45116 |
those comments shall be accompanied by an evaluation of the oil or | 45117 |
gas reserves that, in the best professional judgment of the chief, | 45118 |
are recoverable and will be adversely affected by the proposed | 45119 |
well or injection, and by the documentation supporting the | 45120 |
evaluation. The director shall take into consideration the | 45121 |
chief's comments, and the accompanying evaluation and supporting | 45122 |
documentation, when considering the application. The director | 45123 |
shall provide written notice to the chief of the director's | 45124 |
decision on the application and, if the chief's comments are not | 45125 |
included in the permit, renewal permit, or modification, of the | 45126 |
director's rationale for not including them. | 45127 |
The chief of the division of water shall assist the director | 45128 |
in determining whether all underground sources of drinking water | 45129 |
in the area of review of the proposed well or injection have been | 45130 |
identified and correctly delineated in the application. If the | 45131 |
application fails to identify or correctly delineate an | 45132 |
underground source of drinking water, the chief shall provide | 45133 |
written notice of that fact to the director. | 45134 |
The chief of the division of mineral resources management | 45135 |
also shall review the application as follows: | 45136 |
If the application concerns the drilling or conversion of a | 45137 |
well or the injection into a well that is not or is not to be | 45138 |
located within five thousand feet of the excavation and workings | 45139 |
of a mine, the chief of the division of mineral resources | 45140 |
management shall note upon the application that it has been | 45141 |
examined by the division of mineral resources management, retain a | 45142 |
copy of the application and map, and immediately return a copy of | 45143 |
the application to the director. | 45144 |
If the application concerns the drilling or conversion of a | 45145 |
well or the injection into a well that is or is to be located | 45146 |
within five thousand feet, but more than five hundred feet from | 45147 |
the surface excavations and workings of a mine, the chief of the | 45148 |
division of mineral resources management immediately shall notify | 45149 |
the owner or lessee of the mine that the application has been | 45150 |
filed and send to the owner or lessee a copy of the map | 45151 |
accompanying the application setting forth the location of the | 45152 |
well. The chief of the division of mineral resources management | 45153 |
shall note on the application that the notice has been sent to the | 45154 |
owner or lessee of the mine, retain a copy of the application and | 45155 |
map, and immediately return a copy of the application to the | 45156 |
director with the chief's notation on it. | 45157 |
If the application concerns the drilling or conversion of a | 45158 |
well or the injection into a well that is or is to be located | 45159 |
within five thousand feet of the underground excavations and | 45160 |
workings of a mine or within five hundred feet of the surface | 45161 |
excavations and workings of a mine, the chief of the division of | 45162 |
mineral resources management immediately shall notify the owner or | 45163 |
lessee of the mine that the application has been filed and send to | 45164 |
the owner or lessee a copy of the map accompanying the application | 45165 |
setting forth the location of the well. If the owner or lessee | 45166 |
objects to the application, the owner or lessee shall notify the | 45167 |
chief of the division of mineral resources management of the | 45168 |
objection, giving the reasons, within six days after the receipt | 45169 |
of the notice. If the chief of the division of mineral resources | 45170 |
management receives no objections from the owner or lessee of the | 45171 |
mine within ten days after the receipt of the notice by the owner | 45172 |
or lessee, or if in the opinion of the chief of the division of | 45173 |
mineral resources management the objections offered by the owner | 45174 |
or lessee are not sufficiently well-founded, the chief shall | 45175 |
retain a copy of the application and map and return a copy of the | 45176 |
application to the director with any applicable notes concerning | 45177 |
it. | 45178 |
If the chief of the division of mineral resources management | 45179 |
receives an objection from the owner or lessee of the mine as to | 45180 |
the application, within ten days after receipt of the notice by | 45181 |
the owner or lessee, and if in the opinion of the chief the | 45182 |
objection is well-founded, the chief shall disapprove the | 45183 |
application and immediately return it to the director together | 45184 |
with the chief's reasons for the disapproval. The director | 45185 |
promptly shall notify the applicant for the permit, renewal | 45186 |
permit, or modification of the disapproval. The applicant may | 45187 |
appeal the disapproval of the application by the chief of the | 45188 |
division of mineral resources management
to the
| 45189 |
45190 | |
of the Revised
Code, and the
| 45191 |
appeal in accordance with section
| 45192 |
Code. The appeal shall be filed within thirty days from the date | 45193 |
the applicant receives notice of the disapproval. No comments | 45194 |
concerning or disapproval of an application shall be delayed by | 45195 |
the chief of the division of mineral resources management for more | 45196 |
than fifteen days from the date of sending of notice to the mine | 45197 |
owner or lessee as required by this section. | 45198 |
The director shall not approve an application for an | 45199 |
injection well drilling permit, an injection well operating | 45200 |
permit, a renewal of an injection well operating permit, or a | 45201 |
modification of an injection well drilling permit, operating | 45202 |
permit, or renewal of an operating permit for a well that is or is | 45203 |
to be located within three hundred feet of any opening of any mine | 45204 |
used as a means of ingress, egress, or ventilation for persons | 45205 |
employed in the mine, nor within one hundred feet of any building | 45206 |
or flammable structure connected with the mine and actually used | 45207 |
as a part of the operating equipment of the mine, unless the chief | 45208 |
of the division of mineral resources management determines that | 45209 |
life or property will not be endangered by drilling and operating | 45210 |
the well in that location. | 45211 |
Upon review by the chief of the division of mineral resources | 45212 |
management, the chief of the division of geological survey, and | 45213 |
the chief of the division of water, and if the chief of the | 45214 |
division of mineral resources management has not disapproved the | 45215 |
application, the director shall issue a permit, renewal permit, or | 45216 |
modification with any terms and conditions that may be necessary | 45217 |
to comply with the Federal Water Pollution Control Act and | 45218 |
regulations adopted under it; the "Safe Drinking Water Act," 88 | 45219 |
Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended, and regulations | 45220 |
adopted under it; and this chapter and the rules adopted under it. | 45221 |
The director shall not issue a permit, renewal permit, or | 45222 |
modification to an applicant if the applicant or persons | 45223 |
associated with the applicant have engaged in or are engaging in a | 45224 |
substantial violation of this chapter that is endangering or may | 45225 |
endanger human health or the environment or if, in the case of an | 45226 |
applicant for an injection well drilling permit, the applicant, at | 45227 |
the time of applying for the permit, did not hold an injection | 45228 |
well operating permit or renewal of an injection well drilling | 45229 |
permit and failed to demonstrate sufficient expertise and | 45230 |
competency to operate the well in compliance with the applicable | 45231 |
provisions of this chapter. | 45232 |
If the director receives a disapproval from the chief of the | 45233 |
division of mineral resources management regarding an application | 45234 |
for an injection well drilling or operating permit, renewal | 45235 |
permit, or modification, if required, the director shall issue an | 45236 |
order denying the application. | 45237 |
The director need not issue a proposed action under section | 45238 |
3745.07 of the Revised Code or hold an adjudication hearing under | 45239 |
that section and Chapter 119. of the Revised Code before issuing | 45240 |
or denying a permit, renewal permit, or modification of a permit | 45241 |
or renewal permit. Before issuing or renewing a permit to drill | 45242 |
or operate a class I injection well or a modification of it, the | 45243 |
director shall propose the permit, renewal permit, or modification | 45244 |
in draft form and shall hold a public hearing to receive public | 45245 |
comment on the draft permit, renewal permit, or modification. At | 45246 |
least fifteen days before the public hearing on a draft permit, | 45247 |
renewal permit, or modification, the director shall publish notice | 45248 |
of the date, time, and location of the public hearing in at least | 45249 |
one newspaper of general circulation serving the area where the | 45250 |
well is or is to be located. The proposing of such a draft | 45251 |
permit, renewal permit, or modification does not constitute the | 45252 |
issuance of a proposed action under section 3745.07 of the Revised | 45253 |
Code, and the holding of the public hearing on such a draft | 45254 |
permit, renewal permit, or modification does not constitute the | 45255 |
holding of an adjudication hearing under that section and Chapter | 45256 |
119. of the Revised Code. Appeals of orders other than orders of | 45257 |
the chief of the division of mineral resources management shall be | 45258 |
taken under sections 3745.04 to 3745.08 of the Revised Code. | 45259 |
The director may order that an injection well drilling permit | 45260 |
or an injection well operating permit or renewal permit be | 45261 |
suspended and that activities under it cease after determining | 45262 |
that those activities are occurring in violation of law, rule, | 45263 |
order, or term or condition of the permit. Upon service of a copy | 45264 |
of the order upon the permit holder or the permit holder's | 45265 |
authorized agent or assignee, the permit and activities under it | 45266 |
shall be suspended immediately without prior hearing and shall | 45267 |
remain suspended until the violation is corrected and the order of | 45268 |
suspension is lifted. If a violation is the second within a | 45269 |
one-year period, the director, after a hearing, may revoke the | 45270 |
permit. | 45271 |
The director may order that an injection well drilling permit | 45272 |
or an injection well operating permit or renewal permit be | 45273 |
suspended and that activities under it cease if the director has | 45274 |
reasonable cause to believe that the permit would not have been | 45275 |
issued if the information available at the time of suspension had | 45276 |
been available at the time a determination was made by one of the | 45277 |
agencies acting under authority of this section. Upon service of | 45278 |
a copy of the order upon the permit holder or the permit holder's | 45279 |
authorized agent or assignee, the permit and activities under it | 45280 |
shall be suspended immediately without prior hearing, but a permit | 45281 |
may not be suspended for that reason without prior hearing unless | 45282 |
immediate suspension is necessary to prevent waste or | 45283 |
contamination of oil or gas, comply with the Federal Water | 45284 |
Pollution Control Act and regulations adopted under it; the "Safe | 45285 |
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as | 45286 |
amended, and regulations adopted under it; and this chapter and | 45287 |
the rules adopted under it, or prevent damage to valuable mineral | 45288 |
resources, prevent contamination of an underground source of | 45289 |
drinking water, or prevent danger to human life or health. If | 45290 |
after a hearing the director determines that the permit would not | 45291 |
have been issued if the information available at the time of the | 45292 |
hearing had been available at the time a determination was made by | 45293 |
one of the agencies acting under authority of this section, the | 45294 |
director shall revoke the permit. | 45295 |
When a permit has been revoked, the permit holder or other | 45296 |
person responsible for it immediately shall plug the well in the | 45297 |
manner required by the director. | 45298 |
The director may issue orders to prevent or require cessation | 45299 |
of violations of this section, section 6111.043, 6111.045, | 45300 |
6111.046, or 6111.047 of the Revised Code, rules adopted under any | 45301 |
of those sections, and terms or conditions of permits issued under | 45302 |
any of them. The orders may require the elimination of conditions | 45303 |
caused by the violation. | 45304 |
Section 2. That existing sections 9.06, 9.821, 9.822, | 45305 |
101.15, 101.27, 101.30, 101.34, 101.37, 101.72, 101.73, 102.02, | 45306 |
102.03, 102.031, 102.06, 103.143, 105.41, 111.16, 111.18, 111.23, | 45307 |
111.25, 118.08, 119.12, 120.06, 120.16, 120.26, 120.33, 121.04, | 45308 |
121.371, 121.40, 121.63, 122.011, 122.71, 122.76, 122.92, | 45309 |
124.24, 124.82, 125.22, 126.11, 126.21, 127.16, 131.01, 133.021, | 45310 |
133.06, 133.07, 140.01, 151.04, 166.03, 169.01, 173.40, 173.46, | 45311 |
173.47, 175.03, 175.21, 175.22, 175.24, 179.02, 179.03, 179.04, | 45312 |
181.51, 181.52, 181.54, 181.55, 181.56, 183.09, 183.10, 183.17, | 45313 |
183.28, 183.30, 301.27, 313.091, 325.071, 329.042, 349.01, | 45314 |
503.162, 504.03, 504.04, 505.24, 507.09, 901.43, 901.63, 901.81, | 45315 |
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42, | 45316 |
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45, | 45317 |
1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01, 1501.04, | 45318 |
1501.23, 1501.40, 1503.011, 1507.01, 1509.06, 1509.071, 1509.08, | 45319 |
1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1521.04, | 45320 |
1531.35, 1533.13, 1547.67, 1561.05, 1561.07, 1561.11, 1561.12, | 45321 |
1561.13, 1561.14, 1561.15, 1561.16, 1561.17, 1561.18, 1561.19, | 45322 |
1561.20, 1561.21, 1561.22, 1561.23, 1561.26, 1561.35, 1561.351, | 45323 |
1561.46, 1561.51, 1561.52, 1563.13, 1565.04, 1565.06, 1565.07, | 45324 |
1565.08, 1565.25, 1701.05, 1701.07, 1701.81, 1702.05, 1702.06, | 45325 |
1702.43, 1702.59, 1703.04, 1703.041, 1703.15, 1703.17, 1703.27, | 45326 |
1703.31, 1705.05, 1705.06, 1705.38, 1705.55, 1746.04, 1746.06, | 45327 |
1746.15, 1747.03, 1747.04, 1747.10, 1775.63, 1775.64, 1782.04, | 45328 |
1782.08, 1782.09, 1782.433, 1785.06, 1901.26, 1907.24, 2303.201, | 45329 |
2317.02, 2317.022, 2329.66, 2715.041, 2715.045, 2716.13, 2921.13, | 45330 |
2953.21, 3109.14, 3109.17, 3119.022, 3301.075, 3301.70, 3301.80, | 45331 |
3301.85, 3307.05, 3311.057, 3313.37, 3313.41, 3313.603, 3313.64, | 45332 |
3314.07, 3314.08, 3314.09, 3316.20, 3317.01, 3317.012, 3317.013, | 45333 |
3317.014, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, | 45334 |
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05, | 45335 |
3317.051, 3317.06, 3317.064, 3317.11, 3317.13, 3317.16, | 45336 |
3317.161, 3317.162, 3317.19, 3317.20, 3318.01, 3318.04, 3318.08, | 45337 |
3318.084, 3318.10, 3318.31, 3318.36, 3319.19, 3321.01, 3323.09, | 45338 |
3323.091, 3327.10, 3333.02, 3333.03, 3333.043, 3333.12, 3333.13, | 45339 |
3333.21, 3333.22, 3345.19, 3353.09, 3383.01, 3383.02, 3383.04, | 45340 |
3383.07, 3505.063, 3517.092, 3701.142, 3702.68, 3704.034, 3721.07, | 45341 |
3721.12, 3721.16, 3721.17, 3721.51, 3721.56, 3734.57, 3734.82, | 45342 |
3734.901, 3734.904, 3735.27, 3745.014, 3745.04, 3745.11, 3745.22, | 45343 |
3748.07, 3748.13, 3750.02, 3750.13, 3769.08, 3769.085, 3769.20, | 45344 |
3770.06, 3793.04, 3902.23, 3923.28, 3923.30, 4105.17, 4115.10, | 45345 |
4121.44, 4123.27, 4301.12, 4301.17, 4301.422, 4301.43, 4303.33, | 45346 |
4303.331, 4503.10, 4503.102, 4503.12, 4503.182, 4504.05, 4505.061, | 45347 |
4506.08, 4507.23, 4507.24, 4507.50, 4507.52, 4511.81, 4519.03, | 45348 |
4519.10, 4519.56, 4519.69, 4701.10, 4701.16, 4707.01, 4707.011, | 45349 |
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, | 45350 |
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, | 45351 |
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, | 45352 |
4707.23, 4707.99, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16, | 45353 |
4715.21, 4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09, | 45354 |
4723.08, 4723.32, 4723.79, 4725.44, 4725.48, 4725.49, 4729.65, | 45355 |
4731.14, 4731.53, 4734.20, 4736.12, 4736.14, 4743.05, 4755.01, | 45356 |
4761.05, 4775.01, 4775.02, 4775.08, 4775.99, 4779.01, 4779.02, | 45357 |
4779.16, 4779.19, 4779.20, 4779.26, 4911.02, 4911.17, 5101.071, | 45358 |
5101.14, 5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.521, | 45359 |
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 5103.031, | 45360 |
5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314, 5103.0316, | 45361 |
5103.07, 5107.02, 5107.10, 5107.14, 5107.18, 5108.01, 5108.06, | 45362 |
5108.07, 5108.08, 5108.09, 5108.10, 5111.01, 5111.041, 5111.17, | 45363 |
5111.25, 5111.251, 5111.262, 5111.28, 5111.29, 5111.87, 5119.01, | 45364 |
5119.06, 5119.61, 5120.10, 5122.31, 5123.01, 5123.041, 5123.60, | 45365 |
5123.71, 5123.76, 5126.01, 5126.042, 5126.05, 5126.051, 5126.12, | 45366 |
5126.18, 5126.357, 5126.431, 5139.01, 5139.11, 5139.29, 5139.31, | 45367 |
5153.165, 5153.60, 5153.69, 5153.78, 5703.17, 5703.49, 5705.091, | 45368 |
5705.19, 5705.41, 5705.44, 5709.17, 5721.30, 5725.31, 5727.25, | 45369 |
5727.26, 5727.81, 5727.811, 5727.82, 5727.84, 5727.85, 5728.08, | 45370 |
5729.07, 5731.21, 5733.02, 5733.021, 5733.053, 5733.056, 5733.06, | 45371 |
5733.12, 5733.122, 5733.18, 5733.401, 5733.42, 5735.06, | 45372 |
5735.061, 5739.01, 5739.02, 5739.024, 5739.032, 5739.07, | 45373 |
5739.102, 5739.12, 5739.121, 5739.13, 5739.18, 5741.10, 5741.12, | 45374 |
5743.62, 5743.63, 5745.03, 5745.04, 5747.122, 5747.221, 5747.39, | 45375 |
5749.06, 6101.25, 6109.21, 6111.035, and 6111.044 and sections | 45376 |
9.832, 103.31, 103.32, 105.45, 105.46, 121.51, 121.52, 121.53, | 45377 |
131.41, 166.032, 307.031, 1329.68, 1503.35, 1503.351, 1507.12, | 45378 |
1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, | 45379 |
1553.08, 1553.09, 1553.10, 1553.99, 1561.10, 1561.53, 1561.54, | 45380 |
1561.55, 2151.652, 3317.0215, 3324.01, 3324.02, 3324.03, 3324.04, | 45381 |
3324.05, 3324.06, 3324.07, 3701.88, 3702.17, 3729.01, 3729.02, | 45382 |
3729.03, 3729.05, 3729.10, 3729.11, 3729.12, 3729.14, 3729.15, | 45383 |
3729.16, 3729.17, 3729.18, 3729.21, 3729.22, 3729.23, 3729.24, | 45384 |
3729.26, 3729.29, 3729.36, 3729.40, 3729.41, 3729.43, 3729.45, | 45385 |
3729.46, 3729.55, 3729.61, 3729.99, 5101.143, 5101.52, 5101.541, | 45386 |
5101.542, 5101.543, 5101.851, 5101.852, 5111.341, 5111.88, | 45387 |
5126.054, 5139.28, and 5741.18 of the Revised Code are hereby | 45388 |
repealed. | 45389 |
Section 3. That the versions of sections 5139.29, 5139.31, | 45390 |
and 5705.19 of the Revised Code that are scheduled to take effect | 45391 |
January 1, 2002, be amended to read as follows: | 45392 |
Sec. 5139.29. The department of youth services shall adopt | 45393 |
and promulgate regulations prescribing the method of calculating | 45394 |
the amount of and the time and manner for the payment of financial | 45395 |
assistance granted under
sections
5139.27 | 45396 |
45397 | |
of a district detention facility established under section 2152.41 | 45398 |
of the Revised Code, or for the construction and maintenance of a | 45399 |
school, forestry camp, or other facility established under section | 45400 |
2151.65 of the Revised Code. | 45401 |
Sec. 5139.31. The department of youth services may inspect | 45402 |
any school, forestry camp, district detention facility, or other | 45403 |
facility for which an application for financial assistance has | 45404 |
been made to the department under section
2152.43 | 45405 |
45406 | |
has been granted by the department under section 5139.27, | 45407 |
5139.271,
| 45408 |
inspection may include, but need not be limited to, examination | 45409 |
and evaluation of the physical condition of the school, forestry | 45410 |
camp, district detention facility, or other facility, including | 45411 |
any equipment used in connection with it; observation and | 45412 |
evaluation of the training and treatment of children admitted to | 45413 |
it; examination and analysis and copying of any papers, records, | 45414 |
or other documents relating to the qualifications of personnel, | 45415 |
the commitment of children to it, and its administration. | 45416 |
Sec. 5705.19. This section does not apply to school | 45417 |
districts or county school financing districts. | 45418 |
The taxing authority of any subdivision at any time and in | 45419 |
any year, by vote of two-thirds of all the members of the taxing | 45420 |
authority, may declare by resolution and certify the resolution to | 45421 |
the board of elections not less than seventy-five days before the | 45422 |
election upon which it will be voted that the amount of taxes that | 45423 |
may be raised within the ten-mill limitation will be insufficient | 45424 |
to provide for the necessary requirements of the subdivision and | 45425 |
that it is necessary to levy a tax in excess of that limitation | 45426 |
for any of the following purposes: | 45427 |
(A) For current expenses of the subdivision, except that the | 45428 |
total levy for current expenses of a detention facility district | 45429 |
or district organized under section 2151.65 of the Revised Code | 45430 |
shall not exceed two mills and that the total levy for current | 45431 |
expenses of a combined district organized under sections 2152.41 | 45432 |
and 2151.65 of the Revised Code shall not exceed four mills; | 45433 |
(B) For the payment of debt charges on certain described | 45434 |
bonds, notes, or certificates of indebtedness of the subdivision | 45435 |
issued subsequent to January 1, 1925; | 45436 |
(C) For the debt charges on all bonds, notes, and | 45437 |
certificates of indebtedness issued and authorized to be issued | 45438 |
prior to January 1, 1925; | 45439 |
(D) For a public library of, or supported by, the | 45440 |
subdivision under whatever law organized or authorized to be | 45441 |
supported; | 45442 |
(E) For a municipal university, not to exceed two mills over | 45443 |
the limitation of one mill prescribed in section 3349.13 of the | 45444 |
Revised Code; | 45445 |
(F) For the construction or acquisition of any specific | 45446 |
permanent improvement or class of improvements that the taxing | 45447 |
authority of the subdivision may include in a single bond issue; | 45448 |
(G) For the general construction, reconstruction, | 45449 |
resurfacing, and repair of streets, roads, and bridges in | 45450 |
municipal corporations, counties, or townships; | 45451 |
(H) For recreational purposes; | 45452 |
(I) For the purpose of providing and maintaining fire | 45453 |
apparatus, appliances, buildings, or sites therefor, or sources of | 45454 |
water supply and materials therefor, or the establishment and | 45455 |
maintenance of lines of fire alarm telegraph, or the payment of | 45456 |
permanent, part-time, or volunteer firefighters or firefighting | 45457 |
companies to operate the same, including the payment of the | 45458 |
firefighter employers' contribution required under section 742.34 | 45459 |
of the Revised Code, or the purchase of ambulance equipment, or | 45460 |
the provision of ambulance, paramedic, or other emergency medical | 45461 |
services operated by a fire department or firefighting company; | 45462 |
(J) For the purpose of providing and maintaining motor | 45463 |
vehicles, communications, and other equipment used directly in the | 45464 |
operation of a police department, or the payment of salaries of | 45465 |
permanent police personnel, including the payment of the police | 45466 |
officer employers' contribution required under section 742.33 of | 45467 |
the Revised Code, or the payment of the costs incurred by | 45468 |
townships as a result of contracts made with other political | 45469 |
subdivisions in order to obtain police protection, or the | 45470 |
provision of ambulance or emergency medical services operated by a | 45471 |
police department; | 45472 |
(K) For the maintenance and operation of a county home or | 45473 |
detention facility; | 45474 |
(L) For community mental retardation and developmental | 45475 |
disabilities programs and services pursuant to Chapter 5126. of | 45476 |
the Revised Code, except that the procedure for such levies shall | 45477 |
be as provided in section 5705.222 of the Revised Code; | 45478 |
(M) For regional planning; | 45479 |
(N) For a county's share of the cost of maintaining and | 45480 |
operating schools, district detention facilities, forestry camps, | 45481 |
or other facilities, or any combination thereof, established under | 45482 |
section 2152.41 or 2151.65 of the Revised Code or both of those | 45483 |
sections; | 45484 |
(O) For providing for flood defense, providing and | 45485 |
maintaining a flood wall or pumps, and other purposes to prevent | 45486 |
floods; | 45487 |
(P) For maintaining and operating sewage disposal plants and | 45488 |
facilities; | 45489 |
(Q) For the purpose of purchasing, acquiring, constructing, | 45490 |
enlarging, improving, equipping, repairing, maintaining, or | 45491 |
operating, or any combination of the foregoing, a county transit | 45492 |
system pursuant to sections 306.01 to 306.13 of the Revised Code, | 45493 |
or of making any payment to a board of county commissioners | 45494 |
operating a transit system or a county transit board pursuant to | 45495 |
section 306.06 of the Revised Code; | 45496 |
(R) For the subdivision's share of the cost of acquiring or | 45497 |
constructing any schools, forestry camps, detention facilities, | 45498 |
or other facilities, or any combination thereof, under section | 45499 |
2152.41 or 2151.65 of the Revised Code or both of those sections; | 45500 |
(S) For the prevention, control, and abatement of air | 45501 |
pollution; | 45502 |
(T) For maintaining and operating cemeteries; | 45503 |
(U) For providing ambulance service, emergency medical | 45504 |
service, or both; | 45505 |
(V) For providing for the collection and disposal of garbage | 45506 |
or refuse, including yard waste; | 45507 |
(W) For the payment of the police officer employers' | 45508 |
contribution or the firefighter employers' contribution required | 45509 |
under sections 742.33 and 742.34 of the Revised Code; | 45510 |
(X) For the construction and maintenance of a drainage | 45511 |
improvement pursuant to section 6131.52 of the Revised Code; | 45512 |
(Y) For providing or maintaining senior citizens services or | 45513 |
facilities as authorized by section 307.694, 307.85, 505.70, or | 45514 |
505.706 or division (EE) of section 717.01 of the Revised Code; | 45515 |
(Z) For the provision and maintenance of zoological park | 45516 |
services and facilities as authorized under section 307.76 of the | 45517 |
Revised Code; | 45518 |
(AA) For the maintenance and operation of a free public | 45519 |
museum of art, science, or history; | 45520 |
(BB) For the establishment and operation of a 9-1-1 system, | 45521 |
as defined in section 4931.40 of the Revised Code; | 45522 |
(CC) For the purpose of acquiring, rehabilitating, or | 45523 |
developing rail property or rail service. As used in this | 45524 |
division, "rail property" and "rail service" have the same | 45525 |
meanings as in section 4981.01 of the Revised Code. This division | 45526 |
applies only to a county, township, or municipal corporation. | 45527 |
(DD) For the purpose of acquiring property for, | 45528 |
constructing, operating, and maintaining community centers as | 45529 |
provided for in section 755.16 of the Revised Code; | 45530 |
(EE) For the creation and operation of an office or joint | 45531 |
office of economic development, for any economic development | 45532 |
purpose of the office, and to otherwise provide for the | 45533 |
establishment and operation of a program of economic development | 45534 |
pursuant to sections 307.07 and 307.64 of the Revised Code; | 45535 |
(FF) For the purpose of acquiring, establishing, | 45536 |
constructing, improving, equipping, maintaining, or operating, or | 45537 |
any combination of the foregoing, a township airport, landing | 45538 |
field, or other air navigation facility pursuant to section 505.15 | 45539 |
of the Revised Code; | 45540 |
(GG) For the payment of costs incurred by a township as a | 45541 |
result of a contract made with a county pursuant to section | 45542 |
505.263 of the Revised Code in order to pay all or any part of the | 45543 |
cost of constructing, maintaining, repairing, or operating a water | 45544 |
supply improvement; | 45545 |
(HH) For a board of township trustees to acquire, other than | 45546 |
by appropriation, an ownership interest in land, water, or | 45547 |
wetlands, or to restore or maintain land, water, or wetlands in | 45548 |
which the board has an ownership interest, not for purposes of | 45549 |
recreation, but for the purposes of protecting and preserving the | 45550 |
natural, scenic, open, or wooded condition of the land, water, or | 45551 |
wetlands against modification or encroachment resulting from | 45552 |
occupation, development, or other use, which may be styled as | 45553 |
protecting or preserving "greenspace" in the resolution, notice of | 45554 |
election, or ballot form; | 45555 |
(II) For the support by a county of a crime victim | 45556 |
assistance program that is provided and maintained by a county | 45557 |
agency or a private, nonprofit corporation or association under | 45558 |
section 307.62 of the Revised Code; | 45559 |
(JJ) For any or all of the purposes set forth in divisions | 45560 |
(I) and (J) of this section. This division applies only to a | 45561 |
township. | 45562 |
(KK) For a countywide public safety communications system | 45563 |
under section 307.63 of the Revised Code. This division applies | 45564 |
only to counties. | 45565 |
(LL) For the support by a county of criminal justice | 45566 |
services under section 307.45 of the Revised Code; | 45567 |
(MM) For the purpose of maintaining and operating a jail or | 45568 |
other detention facility as defined in section 2921.01 of the | 45569 |
Revised Code; | 45570 |
(NN) For purchasing, maintaining, or improving, or any | 45571 |
combination of the foregoing, real estate on which to hold | 45572 |
agricultural fairs. This division applies only to a county. | 45573 |
(OO) For constructing, rehabilitating, repairing, or | 45574 |
maintaining sidewalks, walkways, trails, bicycle pathways, or | 45575 |
similar improvements, or acquiring ownership interests in land | 45576 |
necessary for the foregoing improvements, by a board of township | 45577 |
trustees; | 45578 |
(PP) For both of the purposes set forth in divisions (G) and | 45579 |
(OO) of this section. This division applies only to a township. | 45580 |
(QQ) For both of the purposes set forth in divisions (H) and | 45581 |
(HH) of this section. This division applies only to a township. | 45582 |
(RR) For the legislative authority of a municipal | 45583 |
corporation, board of county commissioners of a county, or board | 45584 |
of township trustees of a township to acquire agricultural | 45585 |
easements, as defined in section 5301.67 of the Revised Code, and | 45586 |
to supervise and enforce the easements. | 45587 |
(SS) For both of the purposes set forth in divisions (BB) | 45588 |
and (KK) of this section. This division applies only to a county. | 45589 |
The resolution shall be confined to the purpose or purposes | 45590 |
described in one division of this section, to which the revenue | 45591 |
derived therefrom shall be applied. The existence in any other | 45592 |
division of this section of authority to levy a tax for any part | 45593 |
or all of the same purpose or purposes does not preclude the use | 45594 |
of such revenues for any part of the purpose or purposes of the | 45595 |
division under which the resolution is adopted. | 45596 |
The resolution shall specify the amount of the increase in | 45597 |
rate that it is necessary to levy, the purpose of that increase in | 45598 |
rate, and the number of years during which the increase in rate | 45599 |
shall be in effect, which may or may not include a levy upon the | 45600 |
duplicate of the current year. The number of years may be any | 45601 |
number not exceeding five, except as follows: | 45602 |
(1) When the additional rate is for the payment of debt | 45603 |
charges, the increased rate shall be for the life of the | 45604 |
indebtedness. | 45605 |
(2) When the additional rate is for any of the following, | 45606 |
the increased rate shall be for a continuing period of time: | 45607 |
(a) For the current expenses for a detention facility | 45608 |
district, a district organized under section 2151.65 of the | 45609 |
Revised Code, or a combined district organized under sections | 45610 |
2152.41 and 2151.65 of the Revised Code; | 45611 |
(b) For providing a county's share of the cost of | 45612 |
maintaining and operating schools, district detention facilities, | 45613 |
forestry camps, or other facilities, or any combination thereof, | 45614 |
established under section 2152.41 or 2151.65 of the Revised Code | 45615 |
or under both of those sections. | 45616 |
(3) When the additional rate is for any of the following, | 45617 |
the increased rate may be for a continuing period of time: | 45618 |
(a) For the purposes set forth in division (I), (J), (U), or | 45619 |
(KK) of this section; | 45620 |
(b) For the maintenance and operation of a joint recreation | 45621 |
district; | 45622 |
(c) A levy imposed by a township for the purposes set forth | 45623 |
in division (G) of this section. | 45624 |
(4) When the increase is for the purpose set forth in | 45625 |
division (D) or (CC) of this section or for both of the purposes | 45626 |
set forth in divisions (G) and (OO) of this section, the tax levy | 45627 |
may be for any specified number of years or for a continuing | 45628 |
period of time, as set forth in the resolution. | 45629 |
(5) When the additional rate is for the purpose described in | 45630 |
division (Z) of this section, the increased rate shall be for any | 45631 |
number of years not exceeding ten. | 45632 |
A levy for the purposes set forth in division (I), (J), or | 45633 |
(U) of this section, and a levy imposed by a township for the | 45634 |
purposes set forth in division (G) of this section, may be reduced | 45635 |
pursuant to section 5705.261 or 5705.31 of the Revised Code. A | 45636 |
levy for the purposes set forth in division (I), (J), or (U) of | 45637 |
this section, and a levy imposed by a township for the purposes | 45638 |
set forth in division (G) of this section, may also be terminated | 45639 |
or permanently reduced by the taxing authority if it adopts a | 45640 |
resolution stating that the continuance of the levy is unnecessary | 45641 |
and the levy shall be terminated or that the millage is excessive | 45642 |
and the levy shall be decreased by a designated amount. | 45643 |
A resolution of a detention facility district, a district | 45644 |
organized under section 2151.65 of the Revised Code, or a combined | 45645 |
district organized under both sections 2152.41 and 2151.65 of the | 45646 |
Revised Code may include both current expenses and other purposes, | 45647 |
provided that the resolution shall apportion the annual rate of | 45648 |
levy between the current expenses and the other purpose or | 45649 |
purposes. The apportionment need not be the same for each year of | 45650 |
the levy, but the respective portions of the rate actually levied | 45651 |
each year for the current expenses and the other purpose or | 45652 |
purposes shall be limited by the apportionment. | 45653 |
Whenever a board of county commissioners, acting either as | 45654 |
the taxing authority of its county or as the taxing authority of a | 45655 |
sewer district or subdistrict created under Chapter 6117. of the | 45656 |
Revised Code, by resolution declares it necessary to levy a tax in | 45657 |
excess of the ten-mill limitation for the purpose of constructing, | 45658 |
improving, or extending sewage disposal plants or sewage systems, | 45659 |
the tax may be in effect for any number of years not exceeding | 45660 |
twenty, and the proceeds of the tax, notwithstanding the general | 45661 |
provisions of this section, may be used to pay debt charges on any | 45662 |
obligations issued and outstanding on behalf of the subdivision | 45663 |
for the purposes enumerated in this paragraph, provided that any | 45664 |
such obligations have been specifically described in the | 45665 |
resolution. | 45666 |
The resolution shall go into immediate effect upon its | 45667 |
passage, and no publication of the resolution is necessary other | 45668 |
than that provided for in the notice of election. | 45669 |
When the electors of a subdivision have approved a tax levy | 45670 |
under this section, the taxing authority of the subdivision may | 45671 |
anticipate a fraction of the proceeds of the levy and issue | 45672 |
anticipation notes in accordance with section 5705.191 or 5705.193 | 45673 |
of the Revised Code. | 45674 |
Section 4. That the existing versions of sections 5139.29, | 45675 |
5139.31, and 5705.19 and the version of section 2151.652 of the | 45676 |
Revised Code that are scheduled to take effect January 1, 2002, | 45677 |
are hereby repealed. | 45678 |
Section 5. Sections 3 and 4 of this act shall take effect on | 45679 |
January 1, 2002. | 45680 |
Section 6. That the versions of sections 5139.01 and 5139.11 | 45681 |
of the Revised Code that are scheduled to take effect January 1, | 45682 |
2002, be amended to read as follows: | 45683 |
Sec. 5139.01. (A) As used in this chapter: | 45684 |
(1) "Commitment" means the transfer of the physical custody | 45685 |
of a child or youth from the court to the department of youth | 45686 |
services. | 45687 |
(2) "Permanent commitment" means a commitment that vests | 45688 |
legal custody of a child in the department of youth services. | 45689 |
(3) "Legal custody," insofar as it pertains to the status | 45690 |
that is created when a child is permanently committed to the | 45691 |
department of youth services, means a legal status in which the | 45692 |
department has the following rights and responsibilities: the | 45693 |
right to have physical possession of the child; the right and duty | 45694 |
to train, protect, and control the child; the responsibility to | 45695 |
provide the child with food, clothing, shelter, education, and | 45696 |
medical care; and the right to determine where and with whom the | 45697 |
child shall live, subject to the minimum periods of, or periods | 45698 |
of, institutional care prescribed in sections 2152.13 to 2152.18 | 45699 |
of the Revised Code; provided, that these rights and | 45700 |
responsibilities are exercised subject to the powers, rights, | 45701 |
duties, and responsibilities of the guardian of the person of the | 45702 |
child, and subject to any residual parental rights and | 45703 |
responsibilities. | 45704 |
(4) Unless the context requires a different meaning, | 45705 |
"institution" means a state facility that is created by the | 45706 |
general assembly and that is under the management and control of | 45707 |
the department of youth services or a private entity with which | 45708 |
the department has contracted for the institutional care and | 45709 |
custody of felony delinquents. | 45710 |
(5) "Full-time care" means care for twenty-four hours a day | 45711 |
for over a period of at least two consecutive weeks. | 45712 |
(6) "Placement" means the conditional release of a child | 45713 |
under the terms and conditions that are specified by the | 45714 |
department of youth services. The department shall retain legal | 45715 |
custody of a child released pursuant to division (C) of section | 45716 |
2152.22 of the Revised Code or division (C) of section 5139.06 of | 45717 |
the Revised Code until the time that it discharges the child or | 45718 |
until the legal custody is terminated as otherwise provided by | 45719 |
law. | 45720 |
(7) "Home placement" means the placement of a child in the | 45721 |
home of the child's parent or parents or in the home of the | 45722 |
guardian of the child's person. | 45723 |
(8) "Discharge" means that the department of youth services' | 45724 |
legal custody of a child is terminated. | 45725 |
(9) "Release" means the termination of a child's stay in an | 45726 |
institution and the subsequent period during which the child | 45727 |
returns to the community under the terms and conditions of | 45728 |
supervised release. | 45729 |
(10) "Delinquent child" has the same meaning as in section | 45730 |
2152.02 of the Revised Code. | 45731 |
(11) "Felony delinquent" means any child who is at least | 45732 |
twelve years of age but less than eighteen years of age and who is | 45733 |
adjudicated a delinquent child for having committed an act that if | 45734 |
committed by an adult would be a felony. "Felony delinquent" | 45735 |
includes any adult who is between the ages of eighteen and | 45736 |
twenty-one and who is in the legal custody of the department of | 45737 |
youth services for having committed an act that if committed by an | 45738 |
adult would be a felony. | 45739 |
(12) "Juvenile traffic offender" has the same meaning as in | 45740 |
section 2152.02 of the Revised Code. | 45741 |
(13) "Public safety beds" means all of the following: | 45742 |
(a) Felony delinquents who have been committed to the | 45743 |
department of youth services for the commission of an act, other | 45744 |
than a violation of section 2911.01 or 2911.11 of the Revised | 45745 |
Code, that is a category one offense or a category two offense and | 45746 |
who are in the care and custody of an institution or have been | 45747 |
diverted from care and custody in an institution and placed in a | 45748 |
community corrections facility; | 45749 |
(b) Felony delinquents who, while committed to the | 45750 |
department of youth services and in the care and custody of an | 45751 |
institution or a community corrections facility, are adjudicated | 45752 |
delinquent children for having committed in that institution or | 45753 |
community corrections facility an act that if committed by an | 45754 |
adult would be a felony; | 45755 |
(c) Children who satisfy all of the following: | 45756 |
(i) They are at least twelve years of age but less than | 45757 |
eighteen years of age. | 45758 |
(ii) They are adjudicated delinquent children for having | 45759 |
committed acts that if committed by an adult would be a felony. | 45760 |
(iii) They are committed to the department of youth services | 45761 |
by the juvenile court of a county that has had one-tenth of one | 45762 |
per cent or less of the statewide adjudications for felony | 45763 |
delinquents as averaged for the past four fiscal years. | 45764 |
(iv) They are in the care and custody of an institution or a | 45765 |
community corrections facility. | 45766 |
(d) Felony delinquents who, while committed to the | 45767 |
department of youth services and in the care and custody of an | 45768 |
institution, commit in that institution an act that if committed | 45769 |
by an adult would be a felony, who are serving disciplinary time | 45770 |
for having committed that act, and who have been institutionalized | 45771 |
or institutionalized in a secure facility for the minimum period | 45772 |
of time specified in divisions (A)(1)(b) to (e) of section | 45773 |
2152.16 of the Revised Code. | 45774 |
(e) Felony delinquents who are subject to and serving a | 45775 |
three-year period of commitment order imposed by a juvenile court | 45776 |
pursuant to divisions (A) and (B) of section 2152.17 of the | 45777 |
Revised Code for an act, other than a violation of section 2911.11 | 45778 |
of the Revised Code, that would be a category one offense or | 45779 |
category two offense if committed by an adult. | 45780 |
(f) Felony delinquents who are described in divisions | 45781 |
(A)(13)(a) to (e) of this section, who have been granted a | 45782 |
judicial release to court supervision under division (B) of | 45783 |
section 2152.22 of the Revised Code or a judicial release to the | 45784 |
department of youth services supervision under division (C) of | 45785 |
that section from the commitment to the department of youth | 45786 |
services for the act described in divisions (A)(13)(a) to (e) of | 45787 |
this section, who have violated the terms and conditions of that | 45788 |
release, and who, pursuant to an order of the court of the county | 45789 |
in which the particular felony delinquent was placed on release | 45790 |
that is issued pursuant to division (D) of section 2152.22 of the | 45791 |
Revised Code, have been returned to the department for | 45792 |
institutionalization or institutionalization in a secure facility. | 45793 |
(g) Felony delinquents who have been committed to the | 45794 |
custody of the department of youth services, who have been granted | 45795 |
supervised release from the commitment pursuant to section 5139.51 | 45796 |
of the Revised Code, who have violated the terms and conditions of | 45797 |
that supervised release, and who, pursuant to an order of the | 45798 |
court of the county in which the particular child was placed on | 45799 |
supervised release issued pursuant to division (F) of section | 45800 |
5139.52 of the Revised Code, have had the supervised release | 45801 |
revoked and have been returned to the department for | 45802 |
institutionalization. A felony delinquent described in this | 45803 |
division shall be a public safety bed only for the time during | 45804 |
which the felony delinquent is institutionalized as a result of | 45805 |
the revocation subsequent to the initial thirty-day period of | 45806 |
institutionalization required by division (F) of section 5139.52 | 45807 |
of the Revised Code. | 45808 |
(14) "State target youth" means twenty-five per cent of the | 45809 |
projected total number of felony delinquents for each year of a | 45810 |
biennium, factoring in revocations and recommitments. | 45811 |
(15) Unless the context requires a different meaning, | 45812 |
"community corrections facility" means a county or multicounty | 45813 |
rehabilitation center for felony delinquents who have been | 45814 |
committed to the department of youth services and diverted from | 45815 |
care and custody in an institution and placed in the | 45816 |
rehabilitation center pursuant to division (E) of section 5139.36 | 45817 |
of the Revised Code. | 45818 |
(16) "Secure facility" means any facility that is designed | 45819 |
and operated to ensure that all of its entrances and exits are | 45820 |
under the exclusive control of its staff and to ensure that, | 45821 |
because of that exclusive control, no child who has been | 45822 |
institutionalized in the facility may leave the facility without | 45823 |
permission or supervision. | 45824 |
(17) "Community residential program" means a program that | 45825 |
satisfies both of the following: | 45826 |
(a) It is housed in a building or other structure that has | 45827 |
no associated major restraining construction, including, but not | 45828 |
limited to, a security fence. | 45829 |
(b) It provides twenty-four-hour care, supervision, and | 45830 |
programs for felony delinquents who are in residence. | 45831 |
(18) "Category one offense" and "category two offense" have | 45832 |
the same meanings as in section 2151.26 of the Revised Code. | 45833 |
(19) "Disciplinary time" means additional time that the | 45834 |
department of youth services requires a felony delinquent to serve | 45835 |
in an institution, that delays the person's or felony delinquent's | 45836 |
planned release, and that the department imposes upon the person | 45837 |
or felony delinquent following the conduct of an internal due | 45838 |
process hearing for having committed any of the following acts | 45839 |
while committed to the department and in the care and custody of | 45840 |
an institution: | 45841 |
(a) An act that if committed by an adult would be a felony; | 45842 |
(b) An act that if committed by an adult would be a | 45843 |
misdemeanor; | 45844 |
(c) An act that is not described in division (A)(19)(a) or | 45845 |
(b) of this section and that violates an institutional rule of | 45846 |
conduct of the department. | 45847 |
(20) "Unruly child" has the same meaning as in section | 45848 |
2151.022 of the Revised Code. | 45849 |
(21) "Revocation" means the act of revoking a child's | 45850 |
supervised release for a violation of a term or condition of the | 45851 |
child's supervised release in accordance with section 5139.52 of | 45852 |
the Revised Code. | 45853 |
(22) "Release authority" means the release authority of the | 45854 |
department of youth services that is established by section | 45855 |
5139.50 of the Revised Code. | 45856 |
(23) "Supervised release" means the event of the release of a | 45857 |
child under this chapter from an institution and the period after | 45858 |
that release during which the child is supervised and assisted by | 45859 |
an employee of the department of youth services under specific | 45860 |
terms and conditions for reintegration of the child into the | 45861 |
community. | 45862 |
(24) "Victim" means the person identified in a police report, | 45863 |
complaint, or information as the victim of an act that would have | 45864 |
been a criminal offense if committed by an adult and that provided | 45865 |
the basis for adjudication proceedings resulting in a child's | 45866 |
commitment to the legal custody of the department of youth | 45867 |
services. | 45868 |
(25) "Victim's representative" means a member of the victim's | 45869 |
family or another person whom the victim or another authorized | 45870 |
person designates in writing, pursuant to section 5139.56 of the | 45871 |
Revised Code, to represent the victim with respect to proceedings | 45872 |
of the release authority of the department of youth services and | 45873 |
with respect to other matters specified in that section. | 45874 |
(26) "Member of the victim's family" means a spouse, child, | 45875 |
stepchild, sibling, parent, stepparent, grandparent, other | 45876 |
relative, or legal guardian of a child but does not include a | 45877 |
person charged with, convicted of, or adjudicated a delinquent | 45878 |
child for committing a criminal or delinquent act against the | 45879 |
victim or another criminal or delinquent act arising out of the | 45880 |
same conduct, criminal or delinquent episode, or plan as the | 45881 |
criminal or delinquent act committed against the victim. | 45882 |
(27) "Judicial release to court supervision" means a release | 45883 |
of a child from institutional care or institutional care in a | 45884 |
secure facility that is granted by a court pursuant to division | 45885 |
(B) of section 2152.22 of the Revised Code during the period | 45886 |
specified in that division. | 45887 |
(28) "Judicial release to department of youth services | 45888 |
supervision" means a release of a child from institutional care or | 45889 |
institutional care in a secure facility that is granted by a court | 45890 |
pursuant to division (C) of section 2152.22 of the Revised Code | 45891 |
during the period specified in that division. | 45892 |
(29) "Juvenile justice system" includes all of the functions | 45893 |
of the juvenile courts, the department of youth services, any | 45894 |
public or private agency whose purposes include the prevention of | 45895 |
delinquency or the diversion, adjudication, detention, or | 45896 |
rehabilitation of delinquent children, and any of the functions of | 45897 |
the criminal justice system that are applicable to children. | 45898 |
(30) "Metropolitan county criminal justice services agency" | 45899 |
means an agency that is established pursuant to division (A) of | 45900 |
section 181.54 of the Revised Code. | 45901 |
(31) "Administrative planning district" means a district that | 45902 |
is established pursuant to division (A) or (B) of section 181.56 | 45903 |
of the Revised Code. | 45904 |
(32) "Criminal justice coordinating council" means a criminal | 45905 |
justice services agency that is established pursuant to division | 45906 |
(D) of section 181.56 of the Revised Code. | 45907 |
(33) "Comprehensive plan" means a document that coordinates, | 45908 |
evaluates, and otherwise assists, on an annual or multi-year | 45909 |
basis, all of the functions of the juvenile justice systems of the | 45910 |
state or a specified area of the state, that conforms to the | 45911 |
priorities of the state with respect to juvenile justice systems, | 45912 |
and that conforms with the requirements of all federal criminal | 45913 |
justice acts. These functions include, but are not limited to, | 45914 |
all of the following: | 45915 |
(a) Delinquency; | 45916 |
(b) Identification, detection, apprehension, and detention | 45917 |
of persons charged with delinquent acts; | 45918 |
(c) Assistance to crime victims or witnesses, except that | 45919 |
the comprehensive plan does not include the functions of the | 45920 |
attorney general pursuant to sections 109.91 and 109.92 of the | 45921 |
Revised Code; | 45922 |
(d) Adjudication or diversion of persons charged with | 45923 |
delinquent acts; | 45924 |
(e) Custodial treatment of delinquent children; | 45925 |
(f) Institutional and noninstitutional rehabilitation of | 45926 |
delinquent children. | 45927 |
(B) There is hereby created the department of youth | 45928 |
services. The governor shall appoint the director of the | 45929 |
department with the advice and consent of the senate. The | 45930 |
director shall hold office during the term of the appointing | 45931 |
governor but subject to removal at the pleasure of the governor. | 45932 |
Except as otherwise authorized in section 108.05 of the Revised | 45933 |
Code, the director shall devote the director's entire time to the | 45934 |
duties of the director's office and shall hold no other office or | 45935 |
position of trust or profit during the director's term of office. | 45936 |
The director is the chief executive and administrative | 45937 |
officer of the department and has all the powers of a department | 45938 |
head set forth in Chapter 121. of the Revised Code. The director | 45939 |
may adopt rules for the government of the department, the conduct | 45940 |
of its officers and employees, the performance of its business, | 45941 |
and the custody, use, and preservation of the department's | 45942 |
records, papers, books, documents, and property. The director | 45943 |
shall be an appointing authority within the meaning of Chapter | 45944 |
124. of the Revised Code. Whenever this or any other chapter or | 45945 |
section of the Revised Code imposes a duty on or requires an | 45946 |
action of the department, the duty or action shall be performed by | 45947 |
the director or, upon the director's order, in the name of the | 45948 |
department. | 45949 |
Sec. 5139.11. The department of youth services shall do all | 45950 |
of the following: | 45951 |
(A) Through a program of education, promotion, and | 45952 |
organization, form groups of local citizens and assist these | 45953 |
groups in conducting activities aimed at the prevention and | 45954 |
control of juvenile delinquency, making use of local people and | 45955 |
resources for the following purposes: | 45956 |
(1) Combatting local conditions known to contribute to | 45957 |
juvenile delinquency; | 45958 |
(2) Developing recreational and other programs for youth | 45959 |
work; | 45960 |
(3) Providing adult sponsors for delinquent children cases; | 45961 |
(4) Dealing with other related problems of the locality. | 45962 |
(B) Advise local, state, and federal officials, public and | 45963 |
private agencies, and lay groups on the needs for and possible | 45964 |
methods of the reduction and prevention of juvenile delinquency | 45965 |
and the treatment of delinquent children; | 45966 |
(C) Consult with the schools and courts of this state on the | 45967 |
development of programs for the reduction and prevention of | 45968 |
delinquency and the treatment of delinquents; | 45969 |
(D) Cooperate with other agencies whose services deal with | 45970 |
the care and treatment of delinquent children to the end that | 45971 |
delinquent children who are state wards may be assisted whenever | 45972 |
possible to a successful adjustment outside of institutional care; | 45973 |
(E) Cooperate with other agencies in surveying, developing, | 45974 |
and utilizing the recreational resources of a community as a means | 45975 |
of combatting the problem of juvenile delinquency and effectuating | 45976 |
rehabilitation; | 45977 |
(F) Hold district and state conferences from time to time in | 45978 |
order to acquaint the public with current problems of juvenile | 45979 |
delinquency and develop a sense of civic responsibility toward the | 45980 |
prevention of juvenile delinquency; | 45981 |
(G) Assemble and distribute information relating to juvenile | 45982 |
delinquency and report on studies relating to community conditions | 45983 |
that affect the problem of juvenile delinquency; | 45984 |
(H) Assist any community within the state by conducting a | 45985 |
comprehensive survey of the community's available public and | 45986 |
private resources, and recommend methods of establishing a | 45987 |
community program for combatting juvenile delinquency and crime, | 45988 |
but no survey of that type shall be conducted unless local | 45989 |
individuals and groups request it through their local authorities, | 45990 |
and no request of that type shall be interpreted as binding the | 45991 |
community to following the recommendations made as a result of the | 45992 |
request; | 45993 |
(I) Evaluate the rehabilitation of children committed to the | 45994 |
department and prepare and submit periodic reports to the | 45995 |
committing court for the following purposes: | 45996 |
(1) Evaluating the effectiveness of institutional treatment; | 45997 |
(2) Making recommendations for judicial release under | 45998 |
section 2152.22 of the Revised Code if appropriate and | 45999 |
recommending conditions for judicial release; | 46000 |
(3) Reviewing the placement of children and recommending | 46001 |
alternative placements where appropriate. | 46002 |
(J) Coordinate dates for hearings to be conducted under | 46003 |
section 2152.22 of the Revised Code and assist in the transfer | 46004 |
and release of children from institutionalization to the custody | 46005 |
of the committing court; | 46006 |
(K)(1) Coordinate and assist juvenile justice systems by | 46007 |
doing the following: | 46008 |
(a) Performing juvenile justice system planning in the state, | 46009 |
including any planning that is required by any federal law; | 46010 |
(b) Collecting, analyzing, and correlating information and | 46011 |
data concerning the juvenile justice system in the state; | 46012 |
(c) Cooperating with and providing technical assistance to | 46013 |
state departments, administrative planning districts, metropolitan | 46014 |
county criminal justice services agencies, criminal justice | 46015 |
coordinating councils, and agencies, offices, and departments of | 46016 |
the juvenile justice system in the state, and other appropriate | 46017 |
organizations and persons; | 46018 |
(d) Encouraging and assisting agencies, offices, and | 46019 |
departments of the juvenile justice system in the state and other | 46020 |
appropriate organizations and persons to solve problems that | 46021 |
relate to the duties of the department; | 46022 |
(e) Administering within the state any juvenile justice acts | 46023 |
and programs that the governor requires the department to | 46024 |
administer; | 46025 |
(f) Implementing the state comprehensive plans; | 46026 |
(g) Auditing grant activities of agencies, offices, | 46027 |
organizations, and persons that are financed in whole or in part | 46028 |
by funds granted through the department; | 46029 |
(h) Monitoring or evaluating the performance of juvenile | 46030 |
justice system projects and programs in the state that are | 46031 |
financed in whole or in part by funds granted through the | 46032 |
department; | 46033 |
(i) Applying for, allocating, disbursing, and accounting for | 46034 |
grants that are made available pursuant to federal juvenile | 46035 |
justice acts, or made available from other federal, state, or | 46036 |
private sources, to improve the criminal and juvenile justice | 46037 |
systems in the state. All money from federal juvenile justice act | 46038 |
grants shall, if the terms under which the money is received | 46039 |
require that the money be deposited into an interest bearing fund | 46040 |
or account, be deposited in the state treasury to the credit of | 46041 |
the federal juvenile justice program purposes fund, which is | 46042 |
hereby created. All investment earnings shall be credited to the | 46043 |
fund. | 46044 |
(j) Contracting with federal, state, and local agencies, | 46045 |
foundations, corporations, businesses, and persons when necessary | 46046 |
to carry out the duties of the department; | 46047 |
(k) Overseeing the activities of metropolitan county | 46048 |
criminal justice services agencies, administrative planning | 46049 |
districts, and juvenile justice coordinating councils in the | 46050 |
state; | 46051 |
(l) Advising the general assembly and governor on | 46052 |
legislation and other significant matters that pertain to the | 46053 |
improvement and reform of the juvenile justice system in the | 46054 |
state; | 46055 |
(m) Preparing and recommending legislation to the general | 46056 |
assembly and governor for the improvement of the juvenile justice | 46057 |
system in the state; | 46058 |
(n) Assisting, advising, and making any reports that are | 46059 |
required by the governor, attorney general, or general assembly; | 46060 |
(o) Adopting rules pursuant to Chapter 119. of the Revised | 46061 |
Code. | 46062 |
(2) Division (K)(1) of this section does not limit the | 46063 |
discretion or authority of the attorney general with respect to | 46064 |
crime victim assistance and criminal and juvenile justice | 46065 |
programs. | 46066 |
(3) Nothing in division (K)(1) of this section is intended | 46067 |
to diminish or alter the status of the office of the attorney | 46068 |
general as a criminal justice services agency. | 46069 |
(4) The governor may appoint any advisory committees to | 46070 |
assist the department that the governor considers appropriate or | 46071 |
that are required under any state or federal law. | 46072 |
Section 7. That the existing versions of sections 5139.01 and | 46073 |
5139.11 of the Revised Code that are scheduled to take effect | 46074 |
January 1, 2002, are hereby repealed. | 46075 |
Section 8. Sections 6 and 7 of this act shall take effect on | 46076 |
January 1, 2002. | 46077 |
Section 9. Except as otherwise provided, all appropriation | 46078 |
items (AI) in this act are appropriated out of any moneys in the | 46079 |
state treasury to the credit of the designated fund that are not | 46080 |
otherwise appropriated. For all appropriations made in this act, | 46081 |
the amounts in the first column are for fiscal year 2002 and the | 46082 |
amounts in the second column are for fiscal year 2003. | 46083 |
FND | ALI | AI TITLE | FY 2002 | FY 2003 | 46085 |
Section 10. ACC ACCOUNTANCY BOARD OF OHIO | 46086 |
General Services Fund Group | 46087 |
4J8 | 889-601 | CPA Education Assistance | $ | 204,400 | $ | 209,510 | 46088 | ||||
4K9 | 889-609 | Operating Expenses | $ | 870,318 | $ | 917,458 | 46089 | ||||
TOTAL GSF General Services Fund | 46090 | ||||||||||
Group | $ | 1,074,718 | $ | 1,126,968 | 46091 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,074,718 | $ | 1,126,968 | 46092 |
Section 11. PAY ACCRUED LEAVE LIABILITY | 46094 |
Accrued Leave Liability Fund Group | 46095 |
806 | 995-666 | Accrued Leave Fund | $ | 52,083,178 | $ | 56,760,331 | 46096 | ||||
807 | 995-667 | Disability Fund | $ | 42,843,384 | $ | 47,127,722 | 46097 | ||||
TOTAL ALF Accrued Leave Liability | 46098 | ||||||||||
Fund Group | $ | 94,926,562 | $ | 103,888,053 | 46099 |
Agency Fund Group | 46100 |
808 | 995-668 | State Employee Health Benefit Fund | $ | 163,866,236 | $ | 187,635,594 | 46101 | ||||
809 | 995-669 | Dependent Care Spending Account | $ | 3,050,554 | $ | 3,355,609 | 46102 | ||||
810 | 995-670 | Life Insurance Investment Fund | $ | 2,109,592 | $ | 2,236,167 | 46103 | ||||
811 | 995-671 | Parental Leave Benefit Fund | $ | 4,914,815 | $ | 6,143,519 | 46104 | ||||
TOTAL AGY Agency Fund Group | $ | 173,941,197 | $ | 199,370,889 | 46105 |
TOTAL ALL BUDGET FUND GROUPS | $ | 268,867,759 | $ | 303,258,942 | 46106 |
ACCRUED LEAVE LIABILITY FUND | 46107 |
The foregoing appropriation item 995-666, Accrued Leave Fund, | 46108 |
shall be used to make payments from the Accrued Leave Liability | 46109 |
Fund (Fund 806), pursuant to section 125.211 of the Revised Code. | 46110 |
If it is determined by the Director of Budget and Management that | 46111 |
additional amounts are necessary, the amounts are appropriated. | 46112 |
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 46113 |
The foregoing appropriation item 995-667, Disability Fund, | 46114 |
shall be used to make payments from the State Employee Disability | 46115 |
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the | 46116 |
Revised Code. If it is determined by the Director of Budget and | 46117 |
Management that additional amounts are necessary, the amounts are | 46118 |
appropriated. | 46119 |
STATE EMPLOYEE HEALTH BENEFIT FUND | 46120 |
The foregoing appropriation item 995-668, State Employee | 46121 |
Health Benefit Fund, shall be used to make payments from the State | 46122 |
Employee Health Benefit Fund (Fund 808), pursuant to section | 46123 |
124.87 of the Revised Code. If it is determined by the Director | 46124 |
of Budget and Management that additional amounts are necessary, | 46125 |
the amounts are appropriated. | 46126 |
DEPENDENT CARE SPENDING ACCOUNT | 46127 |
The foregoing appropriation item 995-669, Dependent Care | 46128 |
Spending Account, shall be used to make payments from the | 46129 |
Dependent Care Spending Account (Fund 809) to employees eligible | 46130 |
for dependent care expenses. If it is determined by the Director | 46131 |
of Budget and Management that additional amounts are necessary, | 46132 |
the amounts are appropriated. | 46133 |
LIFE INSURANCE INVESTMENT FUND | 46134 |
The foregoing appropriation item 995-670, Life Insurance | 46135 |
Investment Fund, shall be used to make payments from the Life | 46136 |
Insurance Investment Fund (Fund 810) for the costs and expenses of | 46137 |
the state's life insurance benefit program pursuant to section | 46138 |
125.212 of the Revised Code. If it is determined by the Director | 46139 |
of Budget and Management that additional amounts are necessary, | 46140 |
the amounts are appropriated. | 46141 |
PARENTAL LEAVE BENEFIT FUND | 46142 |
The foregoing appropriation item 995-671, Parental Leave | 46143 |
Benefit Fund, shall be used to make payments from the Parental | 46144 |
Leave Benefit Fund (Fund 811) to employees eligible for parental | 46145 |
leave benefits pursuant to section 124.137 of the Revised Code. If | 46146 |
it is determined by the Director of Budget and Management that | 46147 |
additional amounts are necessary, the amounts are appropriated. | 46148 |
Section 12. ADJ ADJUTANT GENERAL | 46149 |
General Revenue Fund | 46150 |
GRF | 745-401 | Ohio Military Reserve | $ | 14,901 | $ | 15,200 | 46151 | ||||
GRF | 745-403 | Armory Deferred Maintenance | $ | 250,000 | $ | 250,000 | 46152 | ||||
GRF | 745-404 | Air National Guard | $ | 1,845,527 | $ | 1,921,854 | 46153 | ||||
GRF | 745-409 | Central Administration | $ | 3,975,185 | $ | 4,222,598 | 46154 | ||||
GRF | 745-499 | Army National Guard | $ | 3,878,881 | $ | 3,988,519 | 46155 | ||||
GRF | 745-502 | Ohio National Guard Unit Fund | $ | 106,980 | $ | 103,058 | 46156 | ||||
TOTAL GRF General Revenue Fund | $ | 10,071,474 | 10,501,229 | 46157 |
General Services Fund Group | 46158 |
534 | 745-612 | Armory Improvements | $ | 529,014 | $ | 534,304 | 46159 | ||||
536 | 745-620 | Camp Perry Clubhouse and Rental | $ | 1,054,359 | $ | 1,094,970 | 46160 | ||||
537 | 745-604 | ONG Maintenance | $ | 214,464 | $ | 219,826 | 46161 | ||||
TOTAL GSF General Services Fund Group | $ | 1,797,837 | $ | 1,849,100 | 46162 |
Federal Special Revenue Fund Group | 46163 |
3E8 | 745-628 | Air National Guard Operations and Maintenance Agreement | $ | 11,821,084 | $ | 12,770,931 | 46164 | ||||
3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 46165 | ||||
3S0 | 745-602 | Higher Ground Training | $ | 20,000 | $ | 20,000 | 46166 | ||||
341 | 745-615 | Air National Guard Base Security | $ | 1,770,744 | $ | 1,841,573 | 46167 | ||||
342 | 745-616 | Army National Guard Service Agreement | $ | 6,429,352 | $ | 6,749,210 | 46168 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 20,066,180 | $ | 21,406,714 | 46169 |
State Special Revenue Fund Group | 46170 |
528 | 745-605 | Marksmanship Activities | $ | 64,466 | $ | 66,078 | 46171 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 64,466 | $ | 66,078 | 46172 |
TOTAL ALL BUDGET FUND GROUPS | $ | 31,999,957 | $ | 33,823,121 | 46173 |
ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD | 46174 |
TRAINING SITE AGREEMENT | 46175 |
On July 1, 2001, or as soon thereafter as possible, the | 46176 |
Adjutant General shall certify to the Director of Budget and | 46177 |
Management the cash balance in Fund 343, Army National Guard | 46178 |
Training Site Agreement. The Director of Budget and Management | 46179 |
shall transfer the certified amount from Fund 343 to Fund 342, | 46180 |
Army National Guard Service Agreement. Any existing encumbrances | 46181 |
in appropriation item 745-619, Army National Guard Training Site | 46182 |
Agreement (Fund 343), shall be canceled and reestablished against | 46183 |
appropriation item 745-616, Army National Guard Service Agreement | 46184 |
(Fund 342). The amounts of the reestablished encumbrances are | 46185 |
appropriated, and Fund 343 is abolished. | 46186 |
Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 46187 |
General Revenue Fund | 46188 |
GRF | 100-402 | Unemployment Compensation | $ | 107,713 | $ | 109,114 | 46189 | ||||
GRF | 100-405 | Agency Audit Expenses | $ | 662,147 | $ | 614,704 | 46190 | ||||
GRF | 100-406 | County & University Human Resources Services | $ | 850,133 | $ | 838,777 | 46191 | ||||
GRF | 100-409 | Departmental Information Services | $ | 948,332 | $ | 975,481 | 46192 | ||||
GRF | 100-410 | Veterans' Records Conversion | $ | 480,000 | $ | 480,000 | 46193 | ||||
GRF | 100-414 | Ohio Geographically Referenced Information Program | $ | 512,410 | $ | 510,807 | 46194 | ||||
GRF | 100-416 | Strategic Technology Development Programs | $ | 3,470,440 | $ | 5,000,000 | 46195 | ||||
GRF | 100-417 | MARCS | $ | 5,350,344 | $ | 6,176,160 | 46196 | ||||
GRF | 100-419 | Ohio SONET | $ | 4,527,924 | $ | 4,625,879 | 46197 | ||||
GRF | 100-420 | Innovation Ohio | $ | 144,000 | $ | 144,000 | 46198 | ||||
GRF | 100-421 | ERP Project Implementation | $ | 600,000 | $ | 624,000 | 46199 | ||||
GRF | 100-433 | State of Ohio Computer Center | $ | 5,003,580 | $ | 5,027,234 | 46200 | ||||
GRF | 100-439 | Equal Opportunity Certification Programs | $ | 817,894 | $ | 861,093 | 46201 | ||||
GRF | 100-447 | OBA - Building Rent Payments | $ | 100,075,600 | $ | 119,923,600 | 46202 | ||||
GRF | 100-448 | OBA - Building Operating Payments | $ | 26,098,000 | $ | 26,098,000 | 46203 | ||||
GRF | 100-449 | DAS - Building Operating Payments | $ | 5,126,955 | $ | 5,126,968 | 46204 | ||||
GRF | 100-451 | Minority Affairs | $ | 119,706 | $ | 118,043 | 46205 | ||||
GRF | 100-734 | Major Maintenance | $ | 70,224 | $ | 68,376 | 46206 | ||||
GRF | 102-321 | Construction Compliance | $ | 1,392,590 | $ | 1,396,506 | 46207 | ||||
GRF | 130-321 | State Agency Support Services | $ | 3,632,427 | $ | 3,740,888 | 46208 | ||||
TOTAL GRF General Revenue Fund | $ | 159,990,419 | $ | 182,459,630 | 46209 |
General Services Fund Group | 46210 |
112 | 100-616 | DAS Administration | $ | 5,243,105 | $ | 5,503,547 | 46211 | ||||
115 | 100-632 | Central Service Agency | $ | 399,438 | $ | 376,844 | 46212 | ||||
117 | 100-644 | General Services Division - Operating | $ | 5,790,000 | $ | 7,091,000 | 46213 | ||||
122 | 100-637 | Fleet Management | $ | 1,600,913 | $ | 1,652,189 | 46214 | ||||
125 | 100-622 | Human Resources Division - Operating | $ | 23,895,125 | $ | 24,640,311 | 46215 | ||||
127 | 100-627 | Vehicle Liability Insurance | $ | 3,373,835 | $ | 3,487,366 | 46216 | ||||
128 | 100-620 | Collective Bargaining | $ | 3,292,859 | $ | 3,410,952 | 46217 | ||||
130 | 100-606 | Risk Management Reserve | $ | 185,900 | $ | 197,904 | 46218 | ||||
131 | 100-639 | State Architect's Office | $ | 7,504,787 | $ | 7,772,789 | 46219 | ||||
132 | 100-631 | DAS Building Management | $ | 10,887,913 | $ | 11,362,872 | 46220 | ||||
188 | 100-649 | Equal Opportunity Programs | $ | 1,214,691 | $ | 1,253,311 | 46221 | ||||
201 | 100-653 | General Services Resale Merchandise | $ | 1,779,000 | $ | 1,833,000 | 46222 | ||||
210 | 100-612 | State Printing | $ | 6,648,503 | $ | 6,928,823 | 46223 | ||||
4H2 | 100-604 | Governor's Residence Gift | $ | 22,628 | $ | 23,194 | 46224 | ||||
4P3 | 100-603 | Departmental MIS Services | $ | 7,447,713 | $ | 7,761,365 | 46225 | ||||
427 | 100-602 | Investment Recovery | $ | 4,204,735 | $ | 4,179,184 | 46226 | ||||
5C2 | 100-605 | MARCS Development | $ | 3,429,947 | $ | 4,475,190 | 46227 | ||||
5C3 | 100-608 | Skilled Trades | $ | 2,237,200 | $ | 2,332,464 | 46228 | ||||
5D7 | 100-621 | Workforce Development | $ | 12,000,000 | $ | 12,000,000 | 46229 | ||||
5L7 | 100-610 | Professional Development | $ | 2,700,000 | $ | 2,700,000 | 46230 | ||||
TOTAL GSF General Services Fund | 46231 | ||||||||||
Group | $ | 103,858,292 | $ | 108,982,305 | 46232 |
Intragovernmental Service Fund Group | 46233 |
133 | 100-607 | Information Technology Fund | $ | 104,482,097 | $ | 111,387,436 | 46234 | ||||
4N6 | 100-617 | Major Computer Purchases | $ | 12,000,000 | $ | 4,500,000 | 46235 | ||||
TOTAL ISF Intragovernmental | 46236 | ||||||||||
Service Fund Group | $ | 116,482,097 | $ | 115,887,436 | 46237 |
Agency Fund Group | 46238 |
113 | 100-628 | Unemployment Compensation | $ | 3,500,000 | $ | 3,577,000 | 46239 | ||||
124 | 100-629 | Payroll Deductions | $ | 1,877,100,000 | $ | 1,999,100,000 | 46240 | ||||
TOTAL AGY Agency Fund Group | $ | 1,880,600,000 | $ | 2,002,677,000 | 46241 |
Holding Account Redistribution Fund Group | 46242 |
R08 | 100-646 | General Services Refunds | $ | 20,000 | $ | 20,000 | 46243 | ||||
TOTAL 090 Holding Account | 46244 | ||||||||||
Redistribution Fund Group | $ | 20,000 | $ | 20,000 | 46245 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,260,950,808 | $ | 2,410,026,371 | 46246 |
Section 13.01. AGENCY AUDIT EXPENSES | 46248 |
Of the foregoing appropriation item 100-405, Agency Audit | 46249 |
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in | 46250 |
fiscal year 2003 shall be used to subsidize the operations of the | 46251 |
Central Service Agency. The Department of Administrative Services | 46252 |
shall transfer cash from appropriation item 100-405, Agency Audit | 46253 |
Expenses, to the Central Service Agency Fund (Fund 115) using an | 46254 |
intrastate transfer voucher. | 46255 |
Of the foregoing appropriation item 100-405, Agency Audit | 46256 |
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal | 46257 |
year 2003 shall be used for the Department of Administrative | 46258 |
Services' GRF appropriation item-related auditing expenses. The | 46259 |
remainder of the appropriation shall be used for auditing expenses | 46260 |
designated in division (A)(1) of section 117.13 of the Revised | 46261 |
Code for those state agencies audited on a biennial basis. | 46262 |
Section 13.02. OHIO BUILDING AUTHORITY | 46263 |
The foregoing appropriation item 100-447, OBA - Building Rent | 46264 |
Payments, shall be used to meet all payments at the times they are | 46265 |
required to be made during the period from July 1, 2001, to June | 46266 |
30, 2003, by the Department of Administrative Services to the Ohio | 46267 |
Building Authority pursuant to leases and agreements under Chapter | 46268 |
152. of the Revised Code, but limited to the aggregate amount of | 46269 |
$219,999,200. The foregoing appropriation item 100-448, OBA - | 46270 |
Building Operating Payments, shall be used to meet all payments at | 46271 |
the times that they are required to be made during the period from | 46272 |
July 1, 2001, to June 30, 2003, by the Department of | 46273 |
Administrative Services to the Ohio Building Authority pursuant to | 46274 |
leases and agreements under Chapter 152. of the Revised Code, but | 46275 |
limited to the aggregate amount of $52,196,000. These | 46276 |
appropriations are the source of funds pledged for bond service | 46277 |
charges on obligations issued pursuant to Chapter 152. of the | 46278 |
Revised Code. | 46279 |
The payments to the Ohio Building Authority are for the | 46280 |
purpose of paying the expenses of agencies that occupy space in | 46281 |
the various state facilities. The Department of Administrative | 46282 |
Services may enter into leases and agreements with the Ohio | 46283 |
Building Authority providing for the payment of these expenses. | 46284 |
The Ohio Building Authority shall report to the Department of | 46285 |
Administrative Services and the Office of Budget and Management | 46286 |
not later than five months after the start of a fiscal year the | 46287 |
actual expenses incurred by the Ohio Building Authority in | 46288 |
operating the facilities and any balances remaining from payments | 46289 |
and rentals received in the prior fiscal year. The Department of | 46290 |
Administrative Services shall reduce subsequent payments by the | 46291 |
amount of the balance reported to it by the Ohio Building | 46292 |
Authority. | 46293 |
Section 13.03. DAS - BUILDING OPERATING PAYMENTS | 46294 |
The foregoing appropriation item 100-449, DAS - Building | 46295 |
Operating Payments, shall be used to pay the rent expenses of | 46296 |
veterans organizations pursuant to section 123.024 of the Revised | 46297 |
Code in fiscal years 2002 and 2003. | 46298 |
The foregoing appropriation item, 100-449, DAS - Building | 46299 |
Operating Payments, may be used to provide funding for the cost of | 46300 |
property appraisals that the Department of Administrative Services | 46301 |
may be required to obtain for property that is being sold by the | 46302 |
state or property under consideration to be purchased by the | 46303 |
state. | 46304 |
Of the foregoing appropriation item 100-449, DAS - Building | 46305 |
Operating Payment, $100,000 shall be used in fiscal year 2002 to | 46306 |
fund the renovation of new office space for the State Library and | 46307 |
the Ohioana Library Association. | 46308 |
Notwithstanding section 125.28 of the Revised Code, the | 46309 |
remaining portion of the appropriation may be used to pay the | 46310 |
operating expenses of state facilities maintained by the | 46311 |
Department of Administrative Services that are not billed to | 46312 |
building tenants. These expenses may include, but are not limited | 46313 |
to, the costs for vacant space and space undergoing renovation, | 46314 |
and the rent expenses of tenants that are relocated due to | 46315 |
building renovations. These payments shall be processed by the | 46316 |
Department of Administrative Services through intrastate transfer | 46317 |
vouchers and placed in the Facilities Management Fund (Fund 132). | 46318 |
Section 13.04. MINORITY AFFAIRS | 46319 |
The foregoing appropriation item 100-451, Minority Affairs, | 46320 |
shall be used to establish minority affairs programs within the | 46321 |
Equal Opportunity Division. The office shall provide an access | 46322 |
point and official representation to multi-cultural communities; | 46323 |
research and reports on multi-cultural issues; and educational, | 46324 |
governmental, and other services that foster multi-cultural | 46325 |
opportunities and understanding in the state of Ohio. | 46326 |
Section 13.05. CENTRAL SERVICE AGENCY FUND | 46327 |
In order to complete the migration of the licensing | 46328 |
applications of the professional licensing boards to a local area | 46329 |
network, the Director of Budget and Management may, at the request | 46330 |
of the Director of Administrative Services, cancel related | 46331 |
encumbrances in the Central Service Agency Fund (Fund 115) and | 46332 |
reestablish these encumbrances in fiscal year 2002 for the same | 46333 |
purpose and to the same vendor. The Director of Budget and | 46334 |
Management shall reduce the appropriation balance in fiscal year | 46335 |
2001 by the amount of encumbrances canceled in Fund 115. As | 46336 |
determined by the Director of Budget and Management, the amount | 46337 |
necessary to reestablish such encumbrances or parts of | 46338 |
encumbrances in fiscal year 2002 in the Central Service Agency | 46339 |
Fund (Fund 115) is appropriated. | 46340 |
The Director of Budget and Management may transfer up to | 46341 |
$399,000 in fiscal year 2002 and up to $354,000 in fiscal year | 46342 |
2003 from the Occupational Licensing and Regulatory Fund (Fund | 46343 |
4K9) to the Central Service Agency Fund (Fund 115). The Director | 46344 |
of Budget and Management may transfer up to $34,000 in fiscal year | 46345 |
2002 and up to $30,000 in fiscal year 2003 from the State Medical | 46346 |
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund | 46347 |
(Fund 115). The Director of Budget and Management may transfer up | 46348 |
to $18,000 in fiscal year 2002 and up to $16,000 in fiscal year | 46349 |
2003 from the Pharmacy Board Operating Fund (Fund 5N2) to the | 46350 |
Central Service Agency Fund (Fund 115). The appropriation item | 46351 |
100-632, Central Service Agency, shall be used to purchase the | 46352 |
necessary equipment, products, and services to install and | 46353 |
maintain a local area network for the professional licensing | 46354 |
boards, and to support their licensing applications. The amount | 46355 |
of the cash transfer is appropriated to appropriation item | 46356 |
100-632, Central Service Agency. | 46357 |
Section 13.06. TUITION REIMBURSEMENT | 46358 |
Of the foregoing appropriation item 100-622, Human Resources | 46359 |
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in | 46360 |
fiscal year 2003 shall be set aside for the District 1199 Health | 46361 |
Care Employees Tuition Reimbursement Program, per existing | 46362 |
collective bargaining agreements. Of the foregoing appropriation | 46363 |
item 100-622, Human Resources Division - Operating, $75,000 in | 46364 |
fiscal year 2002 and $75,000 in fiscal year 2003 shall be set | 46365 |
aside for the Ohio Education Association Tuition Reimbursement | 46366 |
Program, per existing collective bargaining agreements. The | 46367 |
Department of Administrative Services, with the approval of the | 46368 |
Director of Budget and Management, shall establish charges for | 46369 |
recovering the costs of administering the District 1199 Health | 46370 |
Care Employees Tuition Reimbursement Program and the Ohio | 46371 |
Education Association Tuition Reimbursement Program. Receipts for | 46372 |
these charges shall be deposited into the Human Resources Services | 46373 |
Fund (Fund 125). | 46374 |
Section 13.07. COLLECTIVE BARGAINING ARBITRATION EXPENSES | 46375 |
With approval of the Director of Budget and Management, the | 46376 |
Department of Administrative Services may seek reimbursement from | 46377 |
state agencies for the actual costs and expenses the department | 46378 |
incurs in the collective bargaining arbitration process. The | 46379 |
reimbursements shall be processed through intrastate transfer | 46380 |
vouchers and placed in the Collective Bargaining Fund (Fund 128). | 46381 |
Section 13.08. EQUAL OPPORTUNITY PROGRAM | 46382 |
The Department of Administrative Services, with the approval | 46383 |
of the Director of Budget and Management, shall establish charges | 46384 |
for recovering the costs of administering the activities supported | 46385 |
by the Equal Opportunity Programs Fund (Fund 188). These charges | 46386 |
shall be deposited to the credit of the Equal Opportunity Programs | 46387 |
Fund (Fund 188) upon payment made by state agencies, | 46388 |
state-supported or state-assisted institutions of higher | 46389 |
education, and tax-supported agencies, municipal corporations, and | 46390 |
other political subdivisions of the state, for services rendered. | 46391 |
Section 13.09. MERCHANDISE FOR RESALE | 46392 |
The foregoing appropriation item 100-653, General Services | 46393 |
Resale Merchandise, shall be used to account for merchandise for | 46394 |
resale, which is administered by the General Services Division. | 46395 |
Deposits to the fund may comprise the cost of merchandise for | 46396 |
resale and shipping fees. | 46397 |
Section 13.10. GOVERNOR'S RESIDENCE GIFT | 46398 |
The foregoing appropriation item 100-604, Governor's | 46399 |
Residence Gift, shall be used to provide part or all of the | 46400 |
funding related to construction, goods, or services for the | 46401 |
Governor's residence. All receipts for this purpose shall be | 46402 |
deposited into Fund 4H2. | 46403 |
Section 13.11. DEPARTMENTAL MIS | 46404 |
The foregoing appropriation item 100-603, Departmental MIS | 46405 |
Services, may be used to pay operating expenses of management | 46406 |
information systems activities in the Department of Administrative | 46407 |
Services. The Department of Administrative Services shall | 46408 |
establish charges for recovering the costs of management | 46409 |
information systems activities. These charges shall be deposited | 46410 |
to the credit of the Departmental MIS Fund (Fund 4P3). | 46411 |
Notwithstanding any other language to the contrary, the | 46412 |
Director of Budget and Management may transfer up to $3,000,000 of | 46413 |
fiscal year 2002 appropriations and up to $3,000,000 of fiscal | 46414 |
year 2003 appropriations from appropriation item 100-603, | 46415 |
Departmental MIS Services, to any Department of Administrative | 46416 |
Services non-General Revenue Fund appropriation item. The | 46417 |
appropriations transferred shall be used to make payments for | 46418 |
management information systems services. Notwithstanding any | 46419 |
other language to the contrary, the Director of Budget and | 46420 |
Management may transfer up to $217,313 of fiscal year 2002 | 46421 |
appropriations and up to $193,031 of fiscal year 2003 | 46422 |
appropriations from appropriation item 100-409, Departmental | 46423 |
Information Services, to any Department of Administrative Services | 46424 |
appropriation item in the General Revenue Fund. The | 46425 |
appropriations transferred shall be used to make payments for | 46426 |
management information systems services. | 46427 |
Section 13.12. INVESTMENT RECOVERY FUND | 46428 |
Notwithstanding division (B) of section 125.14 of the Revised | 46429 |
Code, cash balances in the Investment Recovery Fund may be used to | 46430 |
support the operating expenses of the Federal Surplus Operating | 46431 |
Program created in sections 125.84 to 125.90 of the Revised Code. | 46432 |
Notwithstanding division (B) of section 125.14 of the Revised | 46433 |
Code, cash balances in the Investment Recovery Fund may be used to | 46434 |
support the operating expenses of the State Property Inventory and | 46435 |
Fixed Assets Management System Program. | 46436 |
Of the foregoing appropriation item 100-602, Investment | 46437 |
Recovery, up to $2,045,302 in fiscal year 2002 and up to | 46438 |
$1,959,192 in fiscal year 2003 shall be used to pay the operating | 46439 |
expenses of the State Surplus Property Program, the Surplus | 46440 |
Federal Property Program, and the State Property Inventory and | 46441 |
Fixed Assets Management System Program pursuant to Chapter 125. of | 46442 |
the Revised Code and this section. If additional appropriations | 46443 |
are necessary for the operations of these programs, the Director | 46444 |
of Administrative Services shall seek increased appropriations | 46445 |
from the Controlling Board under section 131.35 of the Revised | 46446 |
Code. | 46447 |
Of the foregoing appropriation item 100-602, Investment | 46448 |
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal | 46449 |
year 2003 shall be used to transfer proceeds from the sale of | 46450 |
surplus property from the Investment Recovery Fund to non-General | 46451 |
Revenue Funds pursuant to division (A)(2) of section 125.14 of the | 46452 |
Revised Code. If it is determined by the Director of | 46453 |
Administrative Services that additional appropriations are | 46454 |
necessary for the transfer of such sale proceeds, the Director of | 46455 |
Administrative Services may request the Director of Budget and | 46456 |
Management to increase the amounts. Such amounts are | 46457 |
appropriated. | 46458 |
Notwithstanding division (B) of section 125.14 of the Revised | 46459 |
Code, the Director of Budget and Management, at the request of the | 46460 |
Director of Administrative Services, shall transfer up to | 46461 |
$2,500,000 of the amounts held for transfer to the General Revenue | 46462 |
Fund from the Investment Recovery Fund (Fund 427) to the General | 46463 |
Services Fund (Fund 117) during the biennium beginning July 1, | 46464 |
2001, and ending June 30, 2003. The cash transferred to the | 46465 |
General Services Fund shall be used to pay the operating expenses | 46466 |
of the Competitive Sealed Proposal Program. | 46467 |
Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM | 46468 |
Notwithstanding division (B)(3) of section 4505.09 of the | 46469 |
Revised Code, the Director of Budget and Management, at the | 46470 |
request of the Director of Administrative Services, may transfer | 46471 |
up to $3,429,947 in fiscal year 2002 and $4,475,190 in fiscal year | 46472 |
2003 from the Automated Title Processing System (Fund 849) to the | 46473 |
Multi-Agency Radio Communications Systems Fund (Fund 5C2). The | 46474 |
cash transferred to the Multi-Agency Radio Communications Systems | 46475 |
Fund shall be used for the development of the MARCS system. | 46476 |
Effective with the implementation of the Multi-Agency Radio | 46477 |
Communications System, the Director of Administrative Services | 46478 |
shall collect user fees from participants in the system. The | 46479 |
Director of Administrative Services, with the advice of the | 46480 |
Multi-Agency Radio Communications System Steering Committee and | 46481 |
the Director of Budget and Management, shall determine the amount | 46482 |
of the fees and the manner by which the fees shall be collected. | 46483 |
Such user charges shall comply with the applicable cost principles | 46484 |
issued by the federal Office of Management and Budget. All moneys | 46485 |
from user charges and fees shall be deposited in the state | 46486 |
treasury to the credit of the Multi-Agency Radio Communications | 46487 |
System Administration Fund (Fund 5C2). | 46488 |
Section 13.14. WORKFORCE DEVELOPMENT FUND | 46489 |
There is hereby established in the state treasury the | 46490 |
Workforce Development Fund (Fund 5D7). The foregoing | 46491 |
appropriation item 100-621, Workforce Development, shall be used | 46492 |
to make payments from the fund. The fund shall be under the | 46493 |
supervision of the Department of Administrative Services, which | 46494 |
may adopt rules with regard to administration of the fund. The | 46495 |
fund shall be used to pay the costs of the Workforce Development | 46496 |
Program established by Article 37 of the contract between the | 46497 |
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000. | 46498 |
The program shall be administered in accordance with the contract. | 46499 |
Revenues shall accrue to the fund as specified in the contract. | 46500 |
The fund may be used to pay direct and indirect costs of the | 46501 |
program that are attributable to staff, consultants, and service | 46502 |
providers. All income derived from the investment of the fund | 46503 |
shall accrue to the fund. | 46504 |
If it is determined by the Director of Administrative | 46505 |
Services that additional appropriation amounts are necessary, the | 46506 |
Director of Administrative Services may request that the Director | 46507 |
of Budget and Management increase such amounts. Such amounts are | 46508 |
appropriated. | 46509 |
Section 13.15. PROFESSIONAL DEVELOPMENT FUND | 46510 |
The foregoing appropriation item 100-610, Professional | 46511 |
Development, shall be used to make payments from the Professional | 46512 |
Development Fund (Fund 5L7) pursuant to section 124.182 of the | 46513 |
Revised Code. | 46514 |
Section 13.16. COMPUTER EQUIPMENT PURCHASES | 46515 |
The Director of Administrative Services shall compute the | 46516 |
amount of revenue attributable to the amortization of all | 46517 |
equipment purchases from appropriation item 100-607, Information | 46518 |
Technology Fund; appropriation item 100-617, Major Computer | 46519 |
Purchases; and appropriation item CAP-837, Major Equipment | 46520 |
Purchases, which is recovered by the Department of Administrative | 46521 |
Services as part of the rates charged by the Information | 46522 |
Technology Fund (Fund 133) created in section 125.15 of the | 46523 |
Revised Code. The Director of Budget and Management may transfer | 46524 |
cash in an amount not to exceed the amount of amortization | 46525 |
computed from the Information Technology Fund (Fund 133) to Major | 46526 |
Computer Purchases (Fund 4N6). | 46527 |
Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT | 46528 |
The Director of Administrative Services, with the approval of | 46529 |
the Director of Budget and Management, may establish an | 46530 |
information technology assessment for the purpose of recovering | 46531 |
the cost of selected infrastructure development and statewide | 46532 |
programs. Such assessment shall comply with applicable cost | 46533 |
principles issued by the federal Office of Management and Budget. | 46534 |
During the fiscal year 2001-2003 biennium, the information | 46535 |
technology assessment may be used to partially fund the cost of | 46536 |
electronic-government infrastructure. The information technology | 46537 |
assessment shall be charged to all organized bodies, offices, or | 46538 |
agencies established by the laws of the state for the exercise of | 46539 |
any function of state government except for the General Assembly, | 46540 |
any legislative agency, the Supreme Court, the other courts of | 46541 |
record in Ohio, or any judicial agency, the Adjutant General, the | 46542 |
Bureau of Workers' Compensation, and institutions administered by | 46543 |
a board of trustees. Any state-entity exempted by this section | 46544 |
may utilize the infrastructure or statewide program by | 46545 |
participating in the information technology assessment. All | 46546 |
charges for the information technology assessment shall be | 46547 |
deposited to the credit of the Information Technology Fund (Fund | 46548 |
133) created in section 125.15 of the Revised Code. | 46549 |
Section 13.18. E-GOVERNMENT DEVELOPMENT FUND | 46550 |
The Director of Budget and Management shall transfer any cash | 46551 |
balances remaining in the E-Government Development Fund (Fund 5M6) | 46552 |
after November 30, 2001, from the E-Government Development Fund to | 46553 |
the Information Technology Fund (Fund 133) created in section | 46554 |
125.15 of the Revised Code. | 46555 |
Section 13.19. UNEMPLOYMENT COMPENSATION FUND | 46556 |
The foregoing appropriation item 100-628, Unemployment | 46557 |
Compensation, shall be used to make payments from the Unemployment | 46558 |
Compensation Fund (Fund 113), pursuant to section 4141.241 of the | 46559 |
Revised Code. If it is determined that additional amounts are | 46560 |
necessary, such amounts are appropriated. | 46561 |
Section 13.20. PAYROLL WITHHOLDING FUND | 46562 |
The foregoing appropriation item 100-629, Payroll Deductions, | 46563 |
shall be used to make payments from the Payroll Withholding Fund | 46564 |
(Fund 124). If it is determined by the Director of Budget and | 46565 |
Management that additional appropriation amounts are necessary, | 46566 |
such amounts are appropriated. | 46567 |
Section 13.21. GENERAL SERVICES REFUNDS | 46568 |
The foregoing appropriation item 100-646, General Services | 46569 |
Refunds, shall be used to hold bid guarantee and building plans | 46570 |
and specifications deposits until they are refunded. The Director | 46571 |
of Administrative Services may request that the Director of Budget | 46572 |
and Management transfer cash received for the costs of providing | 46573 |
the building plans and specifications to contractors from the | 46574 |
General Services Refund Fund to Fund 131, State Architect's | 46575 |
Office. Prior to the transfer of cash, the Director of | 46576 |
Administrative Services shall certify that such amounts are in | 46577 |
excess of amounts required for refunding deposits and are directly | 46578 |
related to costs of producing building plans and specifications. | 46579 |
If it is determined that additional appropriations are necessary, | 46580 |
such amounts are appropriated. | 46581 |
Section 13.22. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT | 46582 |
SERVICE PAYMENTS | 46583 |
The Director of Administrative Services, in consultation with | 46584 |
the Multi-Agency Radio Communication System (MARCS) Steering | 46585 |
Committee and the Director of Budget and Management, shall | 46586 |
determine the share of debt service payments attributable to | 46587 |
spending for MARCS components that are not specific to any one | 46588 |
agency and that shall be charged to agencies supported by the | 46589 |
motor fuel tax. Such share of debt service payments shall be | 46590 |
calculated for MARCS capital disbursements made beginning July 1, | 46591 |
1997. Within thirty days of any payment made from appropriation | 46592 |
item 100-447, OBA - Building Rent Payments, the Director of | 46593 |
Administrative Services shall certify to the Director of Budget | 46594 |
and Management the amount of this share. The Director of Budget | 46595 |
and Management shall transfer such amounts to the General Revenue | 46596 |
Fund from the Highway Operating Fund (Fund 002) established in | 46597 |
section 5735.281 of the Revised Code. | 46598 |
Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 46599 |
Whenever the Director of Administrative Services declares a | 46600 |
"Public Exigency," as provided in division (C) of section 123.15 | 46601 |
of the Revised Code, the Director shall also notify the members of | 46602 |
the Controlling Board. | 46603 |
Section 13.24. GENERAL SERVICE CHARGES | 46604 |
The Department of Administrative Services, with the approval | 46605 |
of the Director of Budget and Management, shall establish charges | 46606 |
for recovering the costs of administering the programs in the | 46607 |
General Services Fund (Fund 117) and the State Printing Fund (Fund | 46608 |
210). | 46609 |
Section 14. AAM COMMISSION ON AFRICAN AMERICAN MALES | 46610 |
General Revenue Fund | 46611 |
GRF | 036-100 | Personal Services | $ | 254,538 | $ | 267,265 | 46612 | ||||
GRF | 036-200 | Maintenance | $ | 47,500 | $ | 47,175 | 46613 | ||||
GRF | 036-300 | Equipment | $ | 19,000 | $ | 18,870 | 46614 | ||||
GRF | 036-501 | CAAM Awards and Scholarships | $ | 15,200 | $ | 15,096 | 46615 | ||||
GRF | 036-502 | Community Projects | $ | 38,000 | $ | 27,750 | 46616 | ||||
TOTAL GRF General Revenue Fund | $ | 374,238 | $ | 376,156 | 46617 |
State Special Revenue Fund Group | 46618 |
4H3 | 036-601 | Commission on African American Males - Gifts/Grants | $ | 10,000 | $ | 10,000 | 46619 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 10,000 | $ | 10,000 | 46620 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 384,238 | $ | 386,156 | 46621 |
COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW | 46622 |
No later than December 31, 2001, the Commission on African | 46623 |
American Males shall submit to the chairperson and ranking | 46624 |
minority member of the Human Services Subcommittee of the Finance | 46625 |
and Appropriations Committee of the House of Representatives a | 46626 |
report that demonstrates the progress that has been made toward | 46627 |
meeting the Commission's mission statement. | 46628 |
Section 15. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 46629 |
General Revenue Fund | 46630 |
GRF | 029-321 | Operating Expenses | $ | 365,881 | $ | 365,881 | 46631 | ||||
TOTAL GRF General Revenue Fund | $ | 365,881 | $ | 365,881 | 46632 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 365,881 | $ | 365,881 | 46633 |
OPERATING | 46634 |
The Chief Administrative Officer of the House of | 46635 |
Representatives and the Clerk of the Senate shall determine, by | 46636 |
mutual agreement, which of them shall act as fiscal agent for the | 46637 |
Joint Committee on Agency Rule Review. | 46638 |
Section 16. AGE DEPARTMENT OF AGING | 46639 |
General Revenue Fund | 46640 |
GRF | 490-321 | Operating Expenses | $ | 2,798,946 | $ | 2,798,946 | 46641 | ||||
GRF | 490-403 | PASSPORT | $ | 61,867,800 | $ | 63,840,739 | 46642 | ||||
GRF | 490-404 | Eldercare | $ | 98,000 | $ | 78,400 | 46643 | ||||
GRF | 490-405 | Golden Buckeye Card | $ | 377,560 | $ | 377,560 | 46644 | ||||
GRF | 490-406 | Senior Olympics | $ | 39,862 | $ | 39,862 | 46645 | ||||
GRF | 490-407 | Long-Term Care Consumer Guide | $ | 622,799 | $ | 622,799 | 46646 | ||||
GRF | 490-409 | Ohio Community Service Council Operations | $ | 311,640 | $ | 311,640 | 46647 | ||||
GRF | 490-410 | Long-Term Care Ombudsman | $ | 1,412,058 | $ | 1,412,058 | 46648 | ||||
GRF | 490-411 | Senior Community Services | $ | 13,684,750 | $ | 13,684,750 | 46649 | ||||
GRF | 490-412 | Residential State Supplement | $ | 12,534,591 | $ | 12,290,915 | 46650 | ||||
GRF | 490-414 | Alzheimers Respite | $ | 4,436,673 | $ | 4,436,673 | 46651 | ||||
GRF | 490-416 | Transportation For Elderly | $ | 183,000 | $ | 183,000 | 46652 | ||||
GRF | 490-499 | Senior Employment Program | $ | 15,574 | $ | 15,574 | 46653 | ||||
GRF | 490-504 | Senior Facilities | $ | 230,000 | $ | 200,000 | 46654 | ||||
GRF | 490-506 | Senior Volunteers | $ | 491,614 | $ | 496,580 | 46655 | ||||
TOTAL GRF General Revenue Fund | $ | 99,104,867 | $ | 100,789,496 | 46656 |
General Services Fund Group | 46657 |
480 | 490-606 | Senior Citizens Services Special Events | $ | 363,587 | $ | 372,677 | 46658 | ||||
TOTAL GSF General Services Fund | 46659 | ||||||||||
Group | $ | 363,587 | $ | 372,677 | 46660 |
Federal Special Revenue Fund Group | 46661 |
3C4 | 490-607 | PASSPORT | $ | 129,645,833 | $ | 144,875,065 | 46662 | ||||
3M3 | 490-611 | Federal Aging Nutrition | $ | 22,943,588 | $ | 23,517,178 | 46663 | ||||
3M4 | 490-612 | Federal Supportive Services | $ | 21,025,940 | $ | 21,545,338 | 46664 | ||||
3R7 | 490-617 | Ohio Community Service Council Programs | $ | 7,350,920 | $ | 7,350,920 | 46665 | ||||
322 | 490-618 | Older Americans Support Services | $ | 10,873,661 | $ | 11,144,778 | 46666 | ||||
TOTAL FED Federal Special Revenue | 46667 | ||||||||||
Fund Group | $ | 191,839,942 | $ | 208,433,279 | 46668 |
State Special Revenue Fund Group | 46669 |
4C4 | 490-609 | Regional Long-Term Care Ombudsman Program | $ | 440,185 | $ | 451,190 | 46670 | ||||
4J4 | 490-610 | PASSPORT/Residential State Supplement | $ | 24,000,000 | $ | 24,000,000 | 46671 | ||||
4U9 | 490-602 | PASSPORT Fund | $ | 5,000,000 | $ | 5,000,000 | 46672 | ||||
5K9 | 490-613 | Nursing Home Consumer Guide | $ | 400,000 | $ | 400,000 | 46673 | ||||
624 | 490-604 | OCSC Community Support | $ | 2,500 | $ | 2,500 | 46674 | ||||
TOTAL SSR State Special Revenue | 46675 | ||||||||||
Fund Group | $ | 29,842,685 | $ | 29,853,690 | 46676 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 321,151,081 | $ | 339,449,142 | 46677 |
Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY | 46679 |
ADMISSION | 46680 |
Pursuant to sections 5101.751 and 5101.754 of the Revised | 46681 |
Code and an interagency agreement, the Department of Job and | 46682 |
Family Services shall designate the Department of Aging to perform | 46683 |
assessments under sections 5101.75 and 5111.204 of the Revised | 46684 |
Code. Of the foregoing appropriation item 490-403, PASSPORT, the | 46685 |
Department of Aging may use not more than $2,390,300 in fiscal | 46686 |
year 2002 and $2,450,058 in fiscal year 2003 to perform the | 46687 |
assessments for persons not eligible for Medicaid in accordance | 46688 |
with the department's interagency agreement with the Department of | 46689 |
Job and Family Services and to assist individuals in planning for | 46690 |
their long-term health care needs. | 46691 |
Section 16.02. PASSPORT | 46692 |
Appropriation item 490-403, PASSPORT, and the amounts set | 46693 |
aside for the PASSPORT Waiver Program in appropriation item | 46694 |
490-610, PASSPORT/Residential State Supplement, may be used to | 46695 |
assess clients regardless of Medicaid eligibility. | 46696 |
The Director of Aging shall adopt rules under section 111.15 | 46697 |
of the Revised Code governing the nonwaiver funded PASSPORT | 46698 |
program, including client eligibility. | 46699 |
The Department of Aging shall administer the Medicaid Waiver | 46700 |
funded PASSPORT Home Care program as delegated by the Department | 46701 |
of Job and Family Services in an interagency agreement. The | 46702 |
foregoing appropriation item 490-403, PASSPORT, and the amounts | 46703 |
set aside for the PASSPORT Waiver Program in appropriation item | 46704 |
490-610, PASSPORT/Residential State Supplement, shall be used to | 46705 |
provide the required state match for federal Medicaid funds | 46706 |
supporting the Medicaid Waiver funded PASSPORT Home Care program. | 46707 |
Appropriation item 490-403, PASSPORT, and the amounts set aside | 46708 |
for the PASSPORT Waiver Program in appropriation item 490-610, | 46709 |
PASSPORT/Residential State Supplement, may also be used to support | 46710 |
the Department of Aging's administrative costs associated with | 46711 |
operating the PASSPORT program. | 46712 |
The foregoing appropriation item 490-607, PASSPORT, shall be | 46713 |
used to provide the federal matching share for all PASSPORT | 46714 |
program costs determined by the Department of Job and Family | 46715 |
Services to be eligible for Medicaid reimbursement. | 46716 |
ELDERCARE PILOT | 46717 |
The foregoing appropriation item 490-404, Eldercare, shall be | 46718 |
used to fund the existing eldercare service programs and shall be | 46719 |
limited to providing services to those persons who are enrolled in | 46720 |
these programs on the effective date of this section. | 46721 |
SENIOR COMMUNITY SERVICES | 46722 |
The foregoing appropriation item 490-411, Senior Community | 46723 |
Services, shall be used for services designated by the Department | 46724 |
of Aging, including, but not limited to, home-delivered meals, | 46725 |
transportation services, personal care services, respite services, | 46726 |
home repair, and care coordination. Service priority shall be | 46727 |
given to low income, frail, and cognitively impaired persons 60 | 46728 |
years of age and over. The department shall promote cost sharing | 46729 |
by service recipients for those services funded with block grant | 46730 |
funds, including, where possible, sliding-fee scale payment | 46731 |
systems based on the income of service recipients. | 46732 |
ALZHEIMERS RESPITE | 46733 |
The foregoing appropriation item 490-414, Alzheimers Respite, | 46734 |
shall be used only to fund Alzheimer's disease services under | 46735 |
section 173.04 of the Revised Code. | 46736 |
TRANSPORTATION FOR ELDERLY | 46737 |
The foregoing appropriation item 490-416, Transportation for | 46738 |
Elderly, shall be used for non-capital expenses related to | 46739 |
transportation services for the elderly that provide access to | 46740 |
such things as healthcare services, congregate meals, | 46741 |
socialization programs, and grocery shopping. The appropriation | 46742 |
shall be allocated to the following agencies: | 46743 |
(A) $45,000 per fiscal year to the Cincinnati Jewish | 46744 |
Vocational Services; | 46745 |
(B) $45,000 per fiscal year to the Cleveland Jewish | 46746 |
Community Center; | 46747 |
(C) $45,000 per fiscal year to the Columbus Jewish | 46748 |
Federation; | 46749 |
(D) $20,000 per fiscal year to the Dayton Jewish Family | 46750 |
Services; | 46751 |
(E) $10,000 per fiscal year to the Akron Jewish Community | 46752 |
Center; | 46753 |
(F) $5,000 per fiscal year to the Youngstown Jewish | 46754 |
Federation; | 46755 |
(G) $3,000 per fiscal year to the Canton Jewish Federation; | 46756 |
(H) $10,000 per fiscal year to the Toledo Jewish Federation. | 46757 |
Agencies receiving funding from appropriation item 490-XXX, | 46758 |
Transportation for Elderly, shall coordinate services with other | 46759 |
local service agencies. | 46760 |
RESIDENTIAL STATE SUPPLEMENT | 46761 |
Under the Residential State Supplement Program, the amount | 46762 |
used to determine whether a resident is eligible for payment and | 46763 |
for determining the amount per month the eligible resident will | 46764 |
receive shall be as follows: | 46765 |
(A) $900 for a residential care facility, as defined in | 46766 |
section 3721.01 of the Revised Code; | 46767 |
(B) $900 for an adult group home, as defined in Chapter | 46768 |
3722. of the Revised Code; | 46769 |
(C) $800 for an adult foster home, as defined in Chapter | 46770 |
173. of the Revised Code; | 46771 |
(D) $800 for an adult family home, as defined in Chapter | 46772 |
3722. of the Revised Code; | 46773 |
(E) $800 for an adult community alternative home, as defined | 46774 |
in Chapter 3724. of the Revised Code; | 46775 |
(F) $800 for an adult residential facility, as defined in | 46776 |
Chapter 5119. of the Revised Code; | 46777 |
(G) $600 for adult community mental health housing services, | 46778 |
as defined in division (B)(5) of section 173.35 of the Revised | 46779 |
Code. | 46780 |
The Departments of Aging and Job and Family Services shall | 46781 |
reflect this amount in any applicable rules the departments adopt | 46782 |
under section 173.35 of the Revised Code. | 46783 |
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 46784 |
The Department of Aging may transfer cash by intrastate | 46785 |
transfer vouchers from the foregoing appropriation items 490-412, | 46786 |
Residential State Supplement, and 490-610, PASSPORT/Residential | 46787 |
State Supplement, to the Department of Job and Family Services' | 46788 |
Fund 4J5, Home and Community-Based Services for the Aged Fund. | 46789 |
The funds shall be used to make benefit payments to Residential | 46790 |
State Supplement recipients. | 46791 |
LONG-TERM CARE OMBUDSMAN | 46792 |
The foregoing appropriation item 490-410, Long-Term Care | 46793 |
Ombudsman, shall be used for a program to fund ombudsman program | 46794 |
activities in nursing homes, adult care facilities, boarding | 46795 |
homes, and home and community care services. | 46796 |
SENIOR FACILITIES | 46797 |
Of the foregoing appropriation item 490-504, Senior | 46798 |
Facilities, in fiscal year 2002, $10,000 shall be for the Tri-city | 46799 |
Senior Center, $10,000 shall be for the Westlake Senior Center, | 46800 |
and $10,000 shall be for the Rocky River Senior Center. | 46801 |
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS | 46802 |
The foregoing appropriation item 490-609, Regional Long-Term | 46803 |
Care Ombudsman Programs, shall be used solely to pay the costs of | 46804 |
operating the regional long-term care ombudsman programs. | 46805 |
PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 46806 |
Of the foregoing appropriation item 490-610, | 46807 |
PASSPORT/Residential State Supplement, up to $2,835,000 each | 46808 |
fiscal year shall be used to fund the Residential State Supplement | 46809 |
Program. The remaining available funds shall be used to fund the | 46810 |
PASSPORT program. | 46811 |
Section 16.03. RESIDENTIAL STATE SUPPLEMENT | 46812 |
If the Department of Aging, in consultation with the Director | 46813 |
of Budget and Management, determines that available funding is | 46814 |
insufficient to make payments to all eligible individuals, the | 46815 |
department may establish priority policies to further limit | 46816 |
eligibility criteria. | 46817 |
TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL | 46818 |
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES | 46819 |
Upon written request of the Director of Aging, the Director | 46820 |
of Budget and Management may transfer appropriation authority | 46821 |
among appropriation items 490-611, Federal Aging Nutrition, | 46822 |
490-612, Federal Supportive Services, and 490-618, Older Americans | 46823 |
Support Services, in amounts not to exceed 30 per cent of the | 46824 |
appropriation from which the transfer is made. The Department of | 46825 |
Aging shall report such transfers to the Controlling Board at the | 46826 |
next regularly scheduled meeting of the board. | 46827 |
OHIO COMMUNITY SERVICE COUNCIL | 46828 |
The foregoing appropriation items 490-409, Ohio Community | 46829 |
Service Council, and 490-617, Ohio Community Service Council | 46830 |
Programs, shall be used in accordance with section 121.40 of the | 46831 |
Revised Code. | 46832 |
Section 17. AGR DEPARTMENT OF AGRICULTURE | 46833 |
General Revenue Fund | 46834 |
GRF | 700-321 | Operating Expenses | $ | 3,160,884 | $ | 3,334,073 | 46835 | ||||
GRF | 700-401 | Animal Disease Control | $ | 4,340,887 | $ | 4,385,108 | 46836 | ||||
GRF | 700-402 | Amusement Ride Safety | $ | 226,451 | $ | 230,769 | 46837 | ||||
GRF | 700-403 | Dairy Division | $ | 1,569,097 | $ | 1,707,877 | 46838 | ||||
GRF | 700-404 | Ohio Proud | $ | 222,856 | $ | 228,266 | 46839 | ||||
GRF | 700-405 | Animal Damage Control | $ | 86,780 | $ | 84,358 | 46840 | ||||
GRF | 700-406 | Consumer Analytical Lab | $ | 889,058 | $ | 900,001 | 46841 | ||||
GRF | 700-407 | Food Safety | $ | 1,422,998 | $ | 1,377,956 | 46842 | ||||
GRF | 700-409 | Farmland Preservation | $ | 100,000 | $ | 100,000 | 46843 | ||||
GRF | 700-410 | Plant Industry | $ | 1,517,969 | $ | 1,561,620 | 46844 | ||||
GRF | 700-411 | International Trade and Market Development | $ | 889,620 | $ | 798,062 | 46845 | ||||
GRF | 700-412 | Weights and Measures | $ | 991,136 | $ | 996,634 | 46846 | ||||
GRF | 700-413 | Gypsy Moth Prevention | $ | 633,214 | $ | 634,279 | 46847 | ||||
GRF | 700-414 | Concentrated Animal Feeding Facilities Advisory Committee | $ | 23,275 | $ | 22,663 | 46848 | ||||
GRF | 700-415 | Poultry Inspection | $ | 322,256 | $ | 320,960 | 46849 | ||||
GRF | 700-418 | Livestock Regulation Program | $ | 1,357,487 | $ | 1,563,898 | 46850 | ||||
GRF | 700-424 | Livestock Testing and Inspections | $ | 229,996 | $ | 228,438 | 46851 | ||||
GRF | 700-499 | Meat Inspection Program - State Share | $ | 4,654,566 | $ | 4,977,168 | 46852 | ||||
GRF | 700-501 | County Agricultural Societies | $ | 466,842 | $ | 466,842 | 46853 | ||||
GRF | 700-503 | Swine and Cattle Breeder Awards | $ | 113,160 | $ | 107,076 | 46854 | ||||
TOTAL GRF General Revenue Fund | $ | 23,218,532 | $ | 24,026,048 | 46855 |
Federal Special Revenue Fund Group | 46856 |
3J4 | 700-607 | Indirect Cost | $ | 1,380,026 | $ | 1,314,020 | 46857 | ||||
3R2 | 700-614 | Federal Plant Industry | $ | 1,607,887 | $ | 1,682,330 | 46858 | ||||
326 | 700-618 | Meat Inspection Service - Federal Share | $ | 4,401,707 | $ | 4,959,973 | 46859 | ||||
336 | 700-617 | Ohio Farm Loan Revolving Fund | $ | 181,774 | $ | 181,774 | 46860 | ||||
382 | 700-601 | Cooperative Contracts | $ | 1,027,692 | $ | 1,091,347 | 46861 | ||||
TOTAL FED Federal Special Revenue | 46862 | ||||||||||
Fund Group | $ | 8,599,086 | $ | 9,229,444 | 46863 |
State Special Revenue Fund Group | 46864 |
4C9 | 700-605 | Feed, Fertilizer, and Lime Inspection | $ | 909,033 | $ | 975,244 | 46865 | ||||
4D2 | 700-609 | Auction Education | $ | 30,476 | $ | 30,476 | 46866 | ||||
4E4 | 700-606 | Utility Radiological Safety | $ | 69,016 | $ | 73,059 | 46867 | ||||
4P7 | 700-610 | Food Safety Inspection | $ | 559,611 | $ | 575,797 | 46868 | ||||
4R0 | 700-636 | Ohio Proud Marketing | $ | 125,297 | $ | 133,614 | 46869 | ||||
4R2 | 700-637 | Dairy Inspection Fund | $ | 1,183,358 | $ | 1,174,591 | 46870 | ||||
4T6 | 700-611 | Poultry and Meat Inspection | $ | 47,294 | $ | 47,294 | 46871 | ||||
4T7 | 700-613 | International Trade and Market Development Rotary | $ | 161,991 | $ | 166,356 | 46872 | ||||
4V5 | 700-615 | Animal Industry Lab Fees | $ | 626,633 | $ | 633,097 | 46873 | ||||
493 | 700-603 | Fruits and Vegetables Inspection Fees | $ | 212,764 | $ | 171,772 | 46874 | ||||
494 | 700-612 | Agricultural Commodity Marketing Program | $ | 166,536 | $ | 169,867 | 46875 | ||||
496 | 700-626 | Ohio Grape Industries | $ | 1,048,667 | $ | 1,071,099 | 46876 | ||||
497 | 700-627 | Commodity Handlers Regulatory Program | $ | 566,862 | $ | 648,616 | 46877 | ||||
5B8 | 700-628 | Auctioneers | $ | 346,769 | $ | 365,390 | 46878 | ||||
5H2 | 700-608 | Metrology Lab | $ | 74,674 | $ | 138,624 | 46879 | ||||
5L8 | 700-604 | Livestock Management Program | $ | 250,000 | $ | 250,000 | 46880 | ||||
578 | 700-620 | Ride Inspection Fees | $ | 634,099 | $ | 650,774 | 46881 | ||||
579 | 700-630 | Scale Certification | $ | 230,047 | $ | 230,047 | 46882 | ||||
652 | 700-634 | Laboratory Services | $ | 1,179,560 | $ | 1,144,766 | 46883 | ||||
669 | 700-635 | Pesticide Program | $ | 2,108,049 | $ | 2,181,491 | 46884 | ||||
TOTAL SSR State Special Revenue | 46885 | ||||||||||
Fund Group | $ | 10,530,736 | $ | 10,831,974 | 46886 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 42,348,354 | $ | 44,087,466 | 46887 |
ANIMAL DISEASE CONTROL | 46888 |
The funds in appropriation item 700-401, Animal Disease | 46889 |
Control, may be used for the detection, prevention, and emergency | 46890 |
management of, and the education of the public regarding, Foot and | 46891 |
Mouth disease, Mad Cow disease, and West Nile virus. | 46892 |
THE AUCTION FUND | 46893 |
On October 1, 2001, the unencumbered cash balances in the | 46894 |
Auction Education Fund (Fund 4D2) and the Auction Licensing Fund | 46895 |
(Fund 5B8) shall be transferred from the Department of Commerce to | 46896 |
the Department of Agriculture. During the 90-day period before | 46897 |
the transfer, the Director of Commerce and the Director of | 46898 |
Agriculture shall enter into an agreement and take all steps | 46899 |
necessary to transfer the duties and responsibilities related to | 46900 |
the licensing and oversight of auctioneers from the Department of | 46901 |
Commerce to the Department of Agriculture. The Director of | 46902 |
Commerce and the Director of Agriculture shall recommend to the | 46903 |
Director of Budget and Management any transfer of funds necessary | 46904 |
to carry out this transfer of responsibilities. | 46905 |
THE DAIRY INDUSTRY FUND | 46906 |
On July 1, 2001, or as soon thereafter as possible, the | 46907 |
Director of Budget and Management shall transfer the cash balance | 46908 |
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund | 46909 |
4R2). The director shall cancel any existing encumbrances against | 46910 |
appropriation item 700-602, License Fees (Fund 4V0), and | 46911 |
reestablish them against appropriation item 700-637, Dairy | 46912 |
Inspection (Fund 4R2). The amounts of the reestablished | 46913 |
encumbrances are appropriated. | 46914 |
Section 18. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 46915 |
Agency Fund Group | 46916 |
4Z9 | 898-602 | Small Business Ombudsman | $ | 222,719 | $ | 233,482 | 46917 | ||||
5A0 | 898-603 | Small Business Assistance | $ | 192,647 | $ | 197,463 | 46918 | ||||
570 | 898-601 | Operating Expenses | $ | 243,070 | $ | 258,383 | 46919 | ||||
TOTAL AGY Agency Fund Group | $ | 658,436 | $ | 689,328 | 46920 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 658,436 | $ | 689,328 | 46921 |
Section 19. ADA DEPARTMENT OF ALCOHOL AND | 46923 |
46924 |
General Revenue Fund | 46925 |
GRF | 038-321 | Operating Expenses | $ | 1,500,549 | $ | 1,548,211 | 46926 | ||||
GRF | 038-401 | Alcohol and Drug Addiction Services | $ | 29,742,355 | $ | 28,946,504 | 46927 | ||||
GRF | 038-404 | Prevention Services | $ | 1,327,357 | $ | 1,292,427 | 46928 | ||||
TOTAL GRF General Revenue Fund | $ | 32,570,261 | $ | 31,787,142 | 46929 |
General Services Fund | 46930 |
5B7 | 038-629 | TANF Transfer - Treatment | $ | 3,500,000 | $ | 3,500,000 | 46931 | ||||
5EB | 038-630 | TANF Transfer - Mentoring | $ | 1,500,000 | $ | 1,500,000 | 46932 | ||||
TOTAL GSF General Services Fund Group | $ | 5,000,000 | $ | 5,000,000 | 46933 |
Federal Special Revenue Fund Group | 46934 |
3G3 | 038-603 | Drug Free Schools | $ | 3,500,000 | $ | 3,500,000 | 46935 | ||||
3G4 | 038-614 | Substance Abuse Block Grant | $ | 65,062,211 | $ | 65,062,211 | 46936 | ||||
3H8 | 038-609 | Demonstration Grants | $ | 3,093,075 | $ | 3,093,075 | 46937 | ||||
3J8 | 038-610 | Medicaid | $ | 21,500,000 | $ | 21,500,000 | 46938 | ||||
3N8 | 038-611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 46939 | ||||
TOTAL FED Federal Special Revenue | 46940 | ||||||||||
Fund Group | $ | 93,655,286 | $ | 93,655,286 | 46941 |
State Special Revenue Fund Group | 46942 |
475 | 038-621 | Statewide Treatment and Prevention | $ | 15,100,000 | $ | 14,550,000 | 46943 | ||||
5P1 | 038-615 | Credentialing | $ | 450,000 | $ | 0 | 46944 | ||||
689 | 038-604 | Education and Conferences | $ | 245,000 | $ | 245,000 | 46945 | ||||
TOTAL SSR State Special Revenue | 46946 | ||||||||||
Fund Group | $ | 15,795,000 | $ | 14,795,000 | 46947 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 147,020,547 | $ | 145,237,428 | 46948 |
AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY | 46949 |
Of the foregoing appropriation item 038-401, Alcohol and Drug | 46950 |
Addiction Services, $4 million in each fiscal year shall be | 46951 |
allocated for services to families, adults, and adolescents | 46952 |
pursuant to the requirements of Am. Sub. H.B. 484 of the 122nd | 46953 |
General Assembly. | 46954 |
ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER | 46955 |
The foregoing appropriation item 038-629, TANF | 46956 |
Transfer-Treatment, shall be used to provide substance abuse | 46957 |
prevention and treatment services to children, or their families, | 46958 |
whose income is at or below 200 per cent of the official income | 46959 |
poverty guideline. | 46960 |
The foregoing appropriation item 038-630, TANF | 46961 |
Transfer-Mentoring, shall be used to fund adolescent youth | 46962 |
mentoring programs for children, or their families, whose income | 46963 |
is at or below 200 per cent of the official income poverty | 46964 |
guideline. The Director of Alcohol and Drug Addiction Services | 46965 |
and the Director of Job and Family Services shall develop | 46966 |
operating and reporting guidelines for these programs. | 46967 |
PARENT AWARENESS TASK FORCE | 46968 |
The Parent Awareness Task Force shall study ways to engage | 46969 |
more parents in activities, coalitions, and educational programs | 46970 |
in Ohio relating to alcohol and other drug abuse prevention. Of | 46971 |
the foregoing appropriation item 038-404, Prevention Services, | 46972 |
$30,000 in each fiscal year may be used to support the functions | 46973 |
of the Parent Awareness Task Force. | 46974 |
PLAN TO EVALUATE PER CAPITA FORMULA | 46975 |
Not later than June 30, 2002, the Department of Alcohol and | 46976 |
Drug Addiction Services shall establish a plan to evaluate the | 46977 |
current per capita formula used in determining how state and | 46978 |
federal funds for alcohol and drug addiction services are | 46979 |
allocated under section 3793.04 of the Revised Code. The plan | 46980 |
shall evaluate all of the following: | 46981 |
(A) Whether population statistics alone should be used to | 46982 |
quantify the need for funding in a county; | 46983 |
(B) Whether other social and economic demographic indicators | 46984 |
should be utilized; | 46985 |
(C) The appropriateness of the current per capita formula. | 46986 |
Section 20. AMB AMBULANCE LICENSING BOARD | 46987 |
General Services Fund Group | 46988 |
4N1 | 915-601 | Operating Expenses | $ | 240,894 | $ | 251,255 | 46989 | ||||
TOTAL GSF General Services | 46990 | ||||||||||
Fund Group | $ | 240,894 | $ | 251,255 | 46991 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 240,894 | $ | 251,255 | 46992 |
Section 21. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS | 46994 |
General Services Fund Group | 46995 |
4K9 | 891-609 | Operating Expenses | $ | 461,465 | $ | 484,574 | 46996 | ||||
TOTAL GSF General Services Fund | 46997 | ||||||||||
Group | $ | 461,465 | $ | 484,574 | 46998 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 461,465 | $ | 484,574 | 46999 |
Section 22. ART OHIO ARTS COUNCIL | 47001 |
General Revenue Fund | 47002 |
GRF | 370-100 | Personal Services | $ | 2,104,509 | $ | 2,176,032 | 47003 | ||||
GRF | 370-200 | Maintenance | $ | 517,233 | $ | 513,694 | 47004 | ||||
GRF | 370-300 | Equipment | $ | 21,843 | $ | 21,693 | 47005 | ||||
GRF | 370-502 | Program Subsidies | $ | 13,199,273 | $ | 13,199,273 | 47006 | ||||
TOTAL GRF General Revenue Fund | $ | 15,842,858 | $ | 15,910,692 | 47007 |
General Services Fund Group | 47008 |
4B7 | 370-603 | Per Cent for Art Acquisitions | $ | 84,672 | $ | 86,366 | 47009 | ||||
460 | 370-602 | Gifts and Donations | $ | 334,969 | $ | 345,012 | 47010 | ||||
TOTAL GSF General Services Fund Group | $ | 419,641 | $ | 431,378 | 47011 |
Federal Special Revenue Fund Group | 47012 |
314 | 370-601 | Federal Programs | $ | 862,000 | $ | 862,000 | 47013 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 862,000 | $ | 862,000 | 47014 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 17,124,499 | $ | 17,204,070 | 47015 |
PROGRAM SUBSIDIES | 47016 |
A museum is not eligible to receive funds from appropriation | 47017 |
item 370-502, Program Subsidies, if $8,000,000 or more in capital | 47018 |
appropriations were appropriated by the state for the museum | 47019 |
between January 1, 1986, and December 31, 2002. | 47020 |
PER CENT FOR ART ACQUISITIONS | 47021 |
The unobligated balance remaining from prior projects of | 47022 |
appropriation item 370-603, Per Cent for Art Acquisitions, shall | 47023 |
be used by the Ohio Arts Council to pay for start-up costs in | 47024 |
connection with the selection of artists of new Per Cent for Art | 47025 |
projects. | 47026 |
Section 23. AFC OHIO ARTS AND SPORTS FACILITIES | 47027 |
47028 |
General Revenue Fund | 47029 |
GRF | 371-321 | Operating Expenses | $ | 100,000 | $ | 100,000 | 47030 | ||||
GRF | 371-401 | Lease Rental Payments | $ | 33,526,100 | $ | 36,413,200 | 47031 | ||||
TOTAL GRF General Revenue Fund | $ | 33,626,100 | $ | 36,513,200 | 47032 |
State Special Revenue Fund Group | 47033 |
4T8 | 371-601 | Riffe Theatre Equipment Maintenance | $ | 22,628 | $ | 23,194 | 47034 | ||||
4T8 | 371-603 | Project Administration | $ | 924,075 | $ | 921,868 | 47035 | ||||
TOTAL SSR State Special Revenue Group | $ | 946,703 | $ | 945,062 | 47036 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 34,572,803 | $ | 37,458,262 | 47037 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS | 47038 |
Appropriations to the Arts and Sports Facilities Commission | 47039 |
from the General Revenue Fund include $69,939,300 for the biennium | 47040 |
for appropriation item 371-401, Lease Rental Payments. This | 47041 |
appropriation shall be used for payments to the Ohio Building | 47042 |
Authority for the period July 1, 2001, to June 30, 2003, pursuant | 47043 |
to the primary leases and agreements for those buildings made | 47044 |
under Chapter 152. of the Revised Code which are the source of | 47045 |
funds pledged for bond service charges on related obligations | 47046 |
issued pursuant to Chapter 152. of the Revised Code. | 47047 |
OPERATING EXPENSES | 47048 |
The foregoing appropriation item 371-603, Project | 47049 |
Administration, shall be used by the Ohio Arts and Sports | 47050 |
Facilities Commission to carry out its responsibilities pursuant | 47051 |
to this section and Chapter 3383. of the Revised Code. | 47052 |
Within ten days after the effective date of this section, or | 47053 |
as soon as possible thereafter, the Executive Director of the Ohio | 47054 |
Arts and Sports Facilities Commission shall certify to the | 47055 |
Director of Budget and Management the amount of cash to be | 47056 |
transferred, up to the amount of the appropriation, from the Arts | 47057 |
Facilities Building Fund (Fund 030) and the Sports Facilities | 47058 |
Building Fund (Fund 024) to the Arts and Sports Facilities | 47059 |
Commission Administration Fund (Fund 4T8). | 47060 |
By July 10, 2002, or as soon as possible thereafter, the | 47061 |
Executive Director of the Arts and Sports Facilities Commission | 47062 |
shall certify to the Director of Budget and Management the amount | 47063 |
of cash to be transferred, up to the amount of the appropriation, | 47064 |
from the Arts Facilities Building Fund (Fund 030) and the Sports | 47065 |
Facilities Fund (Fund 024) to the Arts and Sports Administration | 47066 |
Fund (Fund 4T8). | 47067 |
Section 24. ATH ATHLETIC COMMISSION | 47068 |
General Services Fund Group | 47069 |
4K9 | 175-609 | Athletic Commission - Operating | $ | 140,088 | $ | 144,343 | 47070 | ||||
TOTAL GSF General Services Fund Group | $ | 140,088 | $ | 144,343 | 47071 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 140,088 | $ | 144,343 | 47072 |
Section 25. AGO ATTORNEY GENERAL | 47074 |
General Revenue Fund | 47075 |
GRF | 055-321 | Operating Expenses | $ | 59,120,482 | $ | 61,775,856 | 47076 | ||||
GRF | 055-405 | Law-Related Education | $ | 199,790 | $ | 204,785 | 47077 | ||||
GRF | 055-406 | Community Police Match and Law Enforcement Assistance | $ | 3,013,464 | $ | 3,111,336 | 47078 | ||||
GRF | 055-411 | County Sheriffs | $ | 620,506 | $ | 636,019 | 47079 | ||||
GRF | 055-415 | County Prosecutors | $ | 520,084 | $ | 533,086 | 47080 | ||||
TOTAL GRF General Revenue Fund | $ | 63,474,326 | $ | 66,261,082 | 47081 |
General Services Fund Group | 47082 |
106 | 055-612 | General Reimbursement | $ | 14,997,546 | $ | 15,786,163 | 47083 | ||||
107 | 055-624 | Employment Services | $ | 1,211,307 | $ | 1,284,396 | 47084 | ||||
195 | 055-660 | Workers' Compensation Section | $ | 7,343,128 | $ | 7,769,628 | 47085 | ||||
4Y7 | 055-608 | Title Defect Rescission | $ | 840,260 | $ | 870,623 | 47086 | ||||
4Z2 | 055-609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 324,009 | $ | 332,109 | 47087 | ||||
418 | 055-615 | Charitable Foundations | $ | 1,841,113 | $ | 1,899,066 | 47088 | ||||
420 | 055-603 | Attorney General Antitrust | $ | 435,560 | $ | 446,449 | 47089 | ||||
421 | 055-617 | Police Officers' Training Academy Fee | $ | 1,134,861 | $ | 1,193,213 | 47090 | ||||
5A9 | 055-618 | Telemarketing Fraud Enforcement | $ | 51,100 | $ | 52,378 | 47091 | ||||
590 | 055-633 | Peace Officer Private Security Fund | $ | 94,784 | $ | 98,370 | 47092 | ||||
629 | 055-636 | Corrupt Activity Investigation and Prosecution | $ | 105,590 | $ | 108,230 | 47093 | ||||
631 | 055-637 | Consumer Protection Enforcement | $ | 1,254,020 | $ | 1,373,832 | 47094 | ||||
TOTAL GSF General Services Fund | 47095 | ||||||||||
Group | $ | 29,633,278 | $ | 31,214,457 | 47096 |
Federal Special Revenue Fund Group | 47097 |
3E5 | 055-638 | Anti-Drug Abuse | $ | 2,939,693 | $ | 2,939,693 | 47098 | ||||
3R6 | 055-613 | Attorney General Federal Funds | $ | 1,929,110 | $ | 1,998,972 | 47099 | ||||
306 | 055-620 | Medicaid Fraud Control | $ | 2,633,348 | $ | 2,765,015 | 47100 | ||||
381 | 055-611 | Civil Rights Legal Service | $ | 334,249 | $ | 354,304 | 47101 | ||||
383 | 055-634 | Crime Victims Assistance | $ | 14,500,000 | $ | 15,225,000 | 47102 | ||||
TOTAL FED Federal Special Revenue | 47103 | ||||||||||
Fund Group | $ | 22,336,400 | $ | 23,282,984 | 47104 |
State Special Revenue Fund Group | 47105 |
4L6 | 055-606 | DARE | $ | 3,830,137 | $ | 3,927,962 | 47106 | ||||
402 | 055-616 | Victims of Crime | $ | 26,144,763 | $ | 27,933,893 | 47107 | ||||
417 | 055-621 | Domestic Violence Shelter | $ | 14,139 | $ | 14,492 | 47108 | ||||
419 | 055-623 | Claims Section | $ | 14,017,852 | $ | 14,749,954 | 47109 | ||||
659 | 055-641 | Solid and Hazardous Waste Background Investigations | $ | 834,417 | $ | 880,751 | 47110 | ||||
TOTAL SSR State Special Revenue | 47111 | ||||||||||
Fund Group | $ | 44,841,308 | $ | 47,507,052 | 47112 |
Holding Account Redistribution Fund Group | 47113 |
R03 | 055-629 | Bingo License Refunds | $ | 5,200 | $ | 5,200 | 47114 | ||||
R04 | 055-631 | General Holding Account | $ | 275,000 | $ | 275,000 | 47115 | ||||
R05 | 055-632 | Antitrust Settlements | $ | 10,400 | $ | 10,400 | 47116 | ||||
R18 | 055-630 | Consumer Frauds | $ | 750,000 | $ | 750,000 | 47117 | ||||
R42 | 055-601 | Organized Crime Commission Account | $ | 200,000 | $ | 200,000 | 47118 | ||||
TOTAL 090 Holding Account | 47119 | ||||||||||
Redistribution Fund Group | $ | 1,240,600 | $ | 1,240,600 | 47120 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 161,525,912 | $ | 169,506,175 | 47121 |
LAW-RELATED EDUCATION | 47122 |
The foregoing appropriation item 055-405, Law-Related | 47123 |
Education, shall be distributed directly to the Ohio Center for | 47124 |
Law-Related Education for the purposes of providing continuing | 47125 |
citizenship education activities to primary and secondary students | 47126 |
and accessing additional public and private money for new | 47127 |
programs. | 47128 |
WORKERS' COMPENSATION SECTION | 47129 |
The Workers' Compensation Section Fund (Fund 195) shall | 47130 |
receive payments from the Bureau of Workers' Compensation and the | 47131 |
Ohio Industrial Commission at the beginning of each quarter of | 47132 |
each fiscal year to fund legal services to be provided to the | 47133 |
Bureau of Workers' Compensation and the Ohio Industrial Commission | 47134 |
during the ensuing quarter. Such advance payment shall be subject | 47135 |
to adjustment. | 47136 |
In addition, the Bureau of Workers' Compensation shall | 47137 |
transfer payments at the beginning of each quarter for the support | 47138 |
of the Workers' Compensation Fraud Unit. | 47139 |
All amounts shall be mutually agreed upon by the Attorney | 47140 |
General, the Bureau of Workers' Compensation, and the Ohio | 47141 |
Industrial Commission. | 47142 |
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 47143 |
The foregoing appropriation item 055-636, Corrupt Activity | 47144 |
Investigation and Prosecution, shall be used as provided by | 47145 |
division (D)(2) of section 2923.35 of the Revised Code to dispose | 47146 |
of the proceeds, fines, and penalties credited to the Corrupt | 47147 |
Activity Investigation and Prosecution Fund, which is created in | 47148 |
division (D)(1)(b) of section 2923.35 of the Revised Code. If it | 47149 |
is determined that additional amounts are necessary, the amounts | 47150 |
are appropriated. | 47151 |
COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE | 47152 |
In fiscal years 2002 and 2003, the Attorney General's Office | 47153 |
may request that the Director of Budget and Management transfer | 47154 |
appropriation authority from appropriation Item 055-321, Operating | 47155 |
Expenses, to appropriation item 055-406, Community Police Match | 47156 |
and Law Enforcement Assistance. The Director of Budget and | 47157 |
Management shall then transfer appropriation authority from | 47158 |
appropriation item 055-321, Operating Expenses, to appropriation | 47159 |
item 055-406, Community Police Match and Law Enforcement | 47160 |
Assistance. Moneys transferred to appropriation item 055-406 | 47161 |
shall be used to pay operating expenses and to provide grants to | 47162 |
local law enforcement agencies and communities for the purpose of | 47163 |
supporting law enforcement-related activities. | 47164 |
Section 26. AUD AUDITOR OF STATE | 47165 |
General Revenue Fund | 47166 |
GRF | 070-321 | Operating Expenses | $ | 34,052,713 | $ | 35,006,189 | 47167 | ||||
GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 1,000,000 | $ | 1,000,000 | 47168 | ||||
GRF | 070-405 | Electronic Data Processing - Auditing and Administration | $ | 1,030,137 | $ | 1,058,981 | 47169 | ||||
GRF | 070-406 | Uniform Accounting Network/Technology Improvements Fund | $ | 2,423,314 | $ | 2,458,201 | 47170 | ||||
TOTAL GRF General Revenue Fund | $ | 38,506,164 | $ | 39,523,371 | 47171 |
General Services Fund Group | 47172 |
109 | 070-601 | Public Audit Expense - Intra-State | $ | 9,497,201 | $ | 9,629,588 | 47173 | ||||
422 | 070-601 | Public Audit Expense - Local Government | $ | 37,450,472 | $ | 37,617,072 | 47174 | ||||
584 | 070-603 | Training Program | $ | 198,200 | $ | 217,000 | 47175 | ||||
675 | 070-605 | Uniform Accounting Network | $ | 2,809,200 | $ | 2,741,600 | 47176 | ||||
TOTAL GSF General Services Fund | 47177 | ||||||||||
Group | $ | 49,955,073 | $ | 50,205,260 | 47178 |
Holding Account Redistribution Fund Group | 47179 |
R06 | 070-604 | Continuous Receipts | $ | 204,400 | $ | 209,510 | 47180 | ||||
TOTAL 090 Holding Account | 47181 | ||||||||||
Redistribution Fund Group | $ | 204,400 | $ | 209,510 | 47182 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 88,665,637 | $ | 89,938,141 | 47183 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 47184 |
The foregoing appropriation item 070-403, Fiscal | 47185 |
Watch/Emergency Technical Assistance, shall be used for all | 47186 |
expenses incurred by the Office of the Auditor of State in its | 47187 |
role relating to fiscal watch or fiscal emergency activities under | 47188 |
Chapters 118. and 3316. of the Revised Code. Expenses shall | 47189 |
include, but shall not be limited to, the following: duties | 47190 |
related to the determination or termination of fiscal watch or | 47191 |
fiscal emergency of municipal corporations, counties, or townships | 47192 |
as outlined in Chapter 118. of the Revised Code and of school | 47193 |
districts as outlined in Chapter 3316. of the Revised Code; | 47194 |
development of preliminary accounting reports; performance of | 47195 |
annual forecasts; provision of performance audits; and | 47196 |
supervisory, accounting, or auditing services for the mentioned | 47197 |
public entities and school districts. The unencumbered balance of | 47198 |
appropriation item 070-403, Fiscal Watch/Fiscal Emergency | 47199 |
Technical Assistance, at the end of fiscal year 2002 is | 47200 |
transferred to fiscal year 2003 for use under the same | 47201 |
appropriation item. | 47202 |
ELECTRONIC DATA PROCESSING | 47203 |
The unencumbered balance of appropriation item 070-405, | 47204 |
Electronic Data Processing-Auditing and Administration, at the end | 47205 |
of fiscal year 2002 is transferred to fiscal year 2003 for use | 47206 |
under the same appropriation item. | 47207 |
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 47208 |
The foregoing appropriation item 070-406, Uniform Accounting | 47209 |
Network/Technology Improvements Fund, shall be used to pay the | 47210 |
costs of developing and implementing the Uniform Accounting | 47211 |
Network and technology improvements for the Office of the Auditor | 47212 |
of State. The unencumbered balance of the appropriation at the | 47213 |
end of fiscal year 2002 is transferred to fiscal year 2003 to pay | 47214 |
the costs of the developing and implementing the Uniform | 47215 |
Accounting Network and technology improvements for the Office of | 47216 |
the Auditor of State. | 47217 |
Section 27. BRB BOARD OF BARBER EXAMINERS | 47218 |
General Services Fund Group | 47219 |
4K9 | 877-609 | Operating Expenses | $ | 479,264 | $ | 505,999 | 47220 | ||||
TOTAL GSF General Services Fund | 47221 | ||||||||||
Group | $ | 479,264 | $ | 505,999 | 47222 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 479,264 | $ | 505,999 | 47223 |
Section 28. OBM OFFICE OF BUDGET AND MANAGEMENT | 47225 |
General Revenue Fund | 47226 |
GRF | 042-321 | Budget Development and Implementation | $ | 2,356,547 | $ | 2,492,956 | 47227 | ||||
GRF | 042-401 | Office of Quality Services | $ | 583,551 | $ | 606,924 | 47228 | ||||
GRF | 042-410 | National Association Dues | $ | 24,522 | $ | 25,296 | 47229 | ||||
GRF | 042-412 | Audit of Auditor of State | $ | 44,160 | $ | 46,080 | 47230 | ||||
TOTAL GRF General Revenue Fund | $ | 3,008,780 | $ | 3,171,255 | 47231 |
General Services Fund Group | 47232 |
105 | 042-603 | State Accounting | $ | 9,554,743 | $ | 9,934,755 | 47233 | ||||
4C1 | 042-601 | Quality Services Academy | $ | 125,000 | $ | 125,000 | 47234 | ||||
TOTAL GSF General Services Fund Group | $ | 9,679,743 | $ | 10,059,755 | 47235 |
State Special Revenue Fund Group | 47236 |
5N4 | 042-602 | ERP Project Implementation | $ | 6,600,000 | $ | 2,600,000 | 47237 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 6,600,000 | $ | 2,600,000 | 47238 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 19,288,523 | $ | 15,831,011 | 47239 |
Section 28.01. OFFICE OF QUALITY SERVICES | 47241 |
A portion of the foregoing appropriation item 042-401, Office | 47242 |
of Quality Services, may be used to provide financial sponsorship | 47243 |
support for conferences and showcases that promote quality | 47244 |
improvement efforts. These expenditures are not subject to | 47245 |
Chapter 125. of the Revised Code. | 47246 |
OHIO'S QUALITY SHOWCASE | 47247 |
The Office of Quality Services may cosponsor Ohio's Quality | 47248 |
Showcase. The office may grant funds to other sponsoring entities | 47249 |
for the purpose of conducting this event, provided that the grants | 47250 |
are used exclusively for the direct expenses of the event. | 47251 |
Any state agency, at the discretion and with the approval of | 47252 |
the director or other executive authority of the agency, may | 47253 |
provide financial or in-kind support for Ohio's Quality Showcase | 47254 |
cosponsored by the Office of Quality Services. Any financial | 47255 |
contribution made by an agency shall not exceed $5,000 annually. | 47256 |
AUDIT COSTS | 47257 |
Of the foregoing appropriation item 042-603, State | 47258 |
Accounting, not more than $450,000 in fiscal year 2002 and | 47259 |
$350,000 in fiscal year 2003 shall be used to pay for centralized | 47260 |
audit costs associated with either Single Audit Schedules or | 47261 |
financial statements prepared in conformance with generally | 47262 |
accepted accounting principles for the state. | 47263 |
Section 28.02. Prior to January 2002, the Director of Budget | 47264 |
and Management shall select one administrative department listed | 47265 |
in section 121.02 of the Revised Code, and one state agency with | 47266 |
fewer full-time equivalent personnel than any of the departments | 47267 |
listed in that section, to prepare a full zero-base budget for the | 47268 |
biennium ending June 30, 2005, shall inform the agencies of their | 47269 |
selection, and shall offer the two agencies substantial technical | 47270 |
assistance throughout the process of preparing their zero-base | 47271 |
budgets. Each of the agencies shall prepare a full zero-base | 47272 |
budget in such manner and according to such schedule as the | 47273 |
Director of Budget and Management requires. The zero-base budgets | 47274 |
shall, as the Director of Budget and Management determines, be in | 47275 |
addition to or in place of the estimates of revenue and proposed | 47276 |
expenditures that other state agencies are required to prepare | 47277 |
under section 126.02 of the Revised Code. | 47278 |
Section 29. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 47279 |
General Revenue Fund | 47280 |
GRF | 874-321 | Operating Expenses | $ | 3,293,519 | $ | 3,312,263 | 47281 | ||||
TOTAL GRF General Revenue Fund | $ | 3,293,519 | $ | 3,312,263 | 47282 |
General Services Fund Group | 47283 |
4G5 | 874-603 | Capitol Square Maintenance Expenses | $ | 15,000 | $ | 15,000 | 47284 | ||||
4S7 | 874-602 | Statehouse Gift Shop/Events | $ | 623,293 | $ | 670,484 | 47285 | ||||
TOTAL GSF General Services | 47286 | ||||||||||
Fund Group | $ | 638,293 | $ | 685,484 | 47287 |
Underground Parking Garage | 47288 |
208 | 874-601 | Underground Parking Garage Operating | $ | 2,863,603 | $ | 2,996,801 | 47289 | ||||
TOTAL UPG Underground Parking | 47290 | ||||||||||
Garage | $ | 2,863,603 | $ | 2,996,801 | 47291 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 6,795,415 | $ | 6,994,548 | 47292 |
Section 30. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS | 47294 |
General Services Fund Group | 47295 |
4K9 | 878-609 | Operating Expenses | $ | 561,949 | $ | 591,724 | 47296 | ||||
TOTAL GSF General Services Fund | 47297 | ||||||||||
Group | $ | 561,949 | $ | 591,724 | 47298 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 561,949 | $ | 591,724 | 47299 |
Section 30.01. CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS | 47301 |
If the State Chiropractic Board refused to issue a license to | 47302 |
practice chiropractic to an individual solely because the | 47303 |
individual did not meet the examination requirements of division | 47304 |
(B)(4)(b) or (c) of section 4734.20 of the Revised Code, as | 47305 |
specified on and after the effective date of Am. Sub. H.B. 506 of | 47306 |
the 123rd General Assembly but before the effective date of this | 47307 |
section, the Board shall reconsider the application and issue or | 47308 |
refuse to issue a license according to the examination | 47309 |
requirements specified in division (B)(4)(b) or (c) of section | 47310 |
4734.20 of the Revised Code, as amended by this act. | 47311 |
Section 31. CIV OHIO CIVIL RIGHTS COMMISSION | 47312 |
General Revenue Fund | 47313 |
GRF | 876-100 | Personal Services | $ | 9,159,420 | $ | 9,159,421 | 47314 | ||||
GRF | 876-200 | Maintenance | $ | 987,372 | $ | 987,372 | 47315 | ||||
GRF | 876-300 | Equipment | $ | 111,842 | $ | 111,842 | 47316 | ||||
TOTAL GRF General Revenue Fund | $ | 10,258,634 | $ | 10,258,635 | 47317 |
Federal Special Revenue Fund Group | 47318 |
334 | 876-601 | Federal Programs | $ | 3,702,577 | $ | 4,284,113 | 47319 | ||||
TOTAL FED Federal Special Revenue | 47320 | ||||||||||
Fund Group | $ | 3,702,577 | $ | 4,284,113 | 47321 |
State Special Revenue Fund Group | 47322 |
217 | 876-604 | General Reimbursement | $ | 20,440 | $ | 20,951 | 47323 | ||||
TOTAL SSR State Special | 47324 | ||||||||||
Revenue Fund Group | $ | 20,440 | $ | 20,951 | 47325 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 13,981,651 | $ | 14,563,699 | 47326 |
Section 32. COM DEPARTMENT OF COMMERCE | 47327 |
General Revenue Fund | 47328 |
GRF | 800-402 | Grants-Volunteer Fire Departments | $ | 912,500 | $ | 793,750 | 47329 | ||||
GRF | 800-410 | Labor and Worker Safety | $ | 3,898,792 | $ | 4,042,587 | 47330 | ||||
Total GRF General Revenue Fund | $ | 4,811,292 | $ | 4,836,337 | 47331 |
General Services Fund Group | 47332 |
163 | 800-620 | Division of Administration | $ | 5,873,604 | $ | 6,189,578 | 47333 | ||||
5F1 | 800-635 | Small Government Fire Departments | $ | 250,000 | $ | 250,000 | 47334 | ||||
TOTAL GSF General Services Fund | 47335 | ||||||||||
Group | $ | 6,123,604 | $ | 6,439,578 | 47336 |
Federal Special Revenue Fund Group | 47337 |
348 | 800-622 | Underground Storage Tanks | $ | 195,008 | $ | 195,008 | 47338 | ||||
348 | 800-624 | Leaking Underground Storage Tanks | $ | 1,850,000 | $ | 1,850,000 | 47339 | ||||
349 | 800-626 | OSHA Enforcement | $ | 1,346,000 | $ | 1,386,380 | 47340 | ||||
TOTAL FED Federal Special Revenue | 47341 | ||||||||||
Fund Group | $ | 3,391,008 | $ | 3,431,388 | 47342 |
State Special Revenue Fund Group | 47343 |
4B2 | 800-631 | Real Estate Appraisal Recovery | $ | 69,870 | $ | 71,267 | 47344 | ||||
4H9 | 800-608 | Cemeteries | $ | 260,083 | $ | 273,465 | 47345 | ||||
4L5 | 800-609 | Fireworks Training and Education | $ | 10,526 | $ | 10,976 | 47346 | ||||
4X2 | 800-619 | Financial Institutions | $ | 2,020,646 | $ | 2,134,754 | 47347 | ||||
5B9 | 800-632 | PI & Security Guard Provider | $ | 1,139,377 | $ | 1,188,716 | 47348 | ||||
5K7 | 800-621 | Penalty Enforcement | $ | 2,000 | $ | 2,000 | 47349 | ||||
543 | 800-602 | Unclaimed Funds-Operating | $ | 5,921,792 | $ | 6,151,051 | 47350 | ||||
543 | 800-625 | Unclaimed Funds-Claims | $ | 24,890,602 | $ | 25,512,867 | 47351 | ||||
544 | 800-612 | Banks | $ | 6,346,230 | $ | 6,657,997 | 47352 | ||||
545 | 800-613 | Savings Institutions | $ | 2,790,960 | $ | 2,894,399 | 47353 | ||||
546 | 800-610 | Fire Marshal | $ | 10,245,737 | $ | 10,777,694 | 47354 | ||||
547 | 800-603 | Real Estate Education/Research | $ | 258,796 | $ | 264,141 | 47355 | ||||
548 | 800-611 | Real Estate Recovery | $ | 150,000 | $ | 150,000 | 47356 | ||||
549 | 800-614 | Real Estate | $ | 2,885,785 | $ | 3,039,837 | 47357 | ||||
550 | 800-617 | Securities | $ | 4,611,800 | $ | 4,864,800 | 47358 | ||||
552 | 800-604 | Credit Union | $ | 2,368,450 | $ | 2,477,852 | 47359 | ||||
553 | 800-607 | Consumer Finance | $ | 2,305,339 | $ | 2,258,822 | 47360 | ||||
556 | 800-615 | Industrial Compliance | $ | 22,176,840 | $ | 23,415,776 | 47361 | ||||
6A4 | 800-630 | Real Estate Appraiser-Operating | $ | 522,125 | $ | 548,006 | 47362 | ||||
653 | 800-629 | UST Registration/Permit Fee | $ | 1,072,795 | $ | 1,121,632 | 47363 | ||||
TOTAL SSR State Special Revenue | 47364 | ||||||||||
Fund Group | $ | 90,049,753 | $ | 93,816,052 | 47365 |
Liquor Control Fund Group | 47366 |
043 | 800-601 | Merchandising | $ | 322,741,245 | $ | 341,222,192 | 47367 | ||||
043 | 800-627 | Liquor Control Operating | $ | 16,250,400 | $ | 15,801,163 | 47368 | ||||
043 | 800-633 | Development Assistance Debt Service | $ | 16,134,800 | $ | 16,141,100 | 47369 | ||||
043 | 800-636 | Revitalization Debt Service | $ | 1,600,000 | $ | 6,700,000 | 47370 | ||||
TOTAL LCF Liquor Control | 47371 | ||||||||||
Fund Group | $ | 356,726,445 | $ | 379,864,455 | 47372 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 461,102,102 | $ | 488,387,810 | 47373 |
GRANTS-VOLUNTEER FIRE DEPARTMENTS | 47374 |
The foregoing appropriation item 800-402, Grants-Volunteer | 47375 |
Fire Departments, shall be used to make annual grants to volunteer | 47376 |
fire departments of up to $10,000, or up to $25,000 if the | 47377 |
volunteer fire department provides service for an area affected by | 47378 |
a natural disaster. The grant program shall be administered by | 47379 |
the Fire Marshal under the Department of Commerce. The Fire | 47380 |
Marshal shall adopt rules necessary for the administration and | 47381 |
operation of the grant program. | 47382 |
Notwithstanding section 3737.17 of the Revised Code, upon the | 47383 |
request of the Director of Commerce, the Director of Budget and | 47384 |
Management shall transfer $200,000 cash in fiscal year 2002 and | 47385 |
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund | 47386 |
(Fund 546) to the General Revenue Fund. | 47387 |
LABOR AND WORKER SAFETY | 47388 |
The Department of Commerce may designate a portion of | 47389 |
appropriation item 800-410, Labor and Worker Safety, to be used to | 47390 |
match federal funding for the OSHA on-site consultation program. | 47391 |
SMALL GOVERNMENT FIRE DEPARTMENTS | 47392 |
Upon the request of the Director of Commerce, the Director of | 47393 |
Budget and Management shall transfer $250,000 cash in each fiscal | 47394 |
year from the State Fire Marshal Fund (Fund 546) within the State | 47395 |
Special Revenue Fund Group to the Small Government Fire | 47396 |
Departments Fund (Fund 5F1) within the General Services Fund | 47397 |
Group. | 47398 |
Notwithstanding section 3737.17 of the Revised Code, the | 47399 |
foregoing appropriation item 800-635, Small Government Fire | 47400 |
Departments, may be used to provide loans to private fire | 47401 |
departments. | 47402 |
PENALTY ENFORCEMENT | 47403 |
The foregoing appropriation item 800-621, Penalty | 47404 |
Enforcement, shall be used to enforce sections 4115.03 to 4115.16 | 47405 |
of the Revised Code. | 47406 |
On July 1, 2001, or as soon thereafter as possible, the | 47407 |
Director of Budget and Management shall transfer the cash balance | 47408 |
in the Penalty Enforcement Fund that was in the custody of the | 47409 |
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is | 47410 |
created in the state treasury by section 4115.10 of the Revised | 47411 |
Code. The fund shall be used for deposit of moneys received from | 47412 |
penalties paid under section 4115.10 of the Revised Code. | 47413 |
UNCLAIMED FUNDS PAYMENTS | 47414 |
The foregoing appropriation item 800-625, Unclaimed | 47415 |
Funds-Claims, shall be used to pay claims pursuant to section | 47416 |
169.08 of the Revised Code. If it is determined that additional | 47417 |
amounts are necessary, the amounts are appropriated. | 47418 |
INCREASED APPROPRIATION AUTHORITY - MERCHANDISING | 47419 |
The Director of Commerce may, upon concurrence by the | 47420 |
Director of Budget and Management, submit to the Controlling Board | 47421 |
for approval a request for increased appropriation authority for | 47422 |
appropriation item 800-601, Merchandising. | 47423 |
CASH BALANCE TRANSFER | 47424 |
On July 1, 2001, or as soon thereafter as possible, the | 47425 |
Director of Budget and Management shall transfer the cash balance | 47426 |
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control | 47427 |
Fund (Fund 043) created in section 4301.12 of the Revised Code. | 47428 |
Upon the completion of the transfer, the Salvage and Exchange | 47429 |
Fund, which was created by the Controlling Board during the | 47430 |
1973-1975 biennium, is abolished. The director shall cancel any | 47431 |
existing encumbrances against appropriation item 800-634, Salvage | 47432 |
and Exchange, and reestablish them against appropriation item | 47433 |
800-627, Liquor Control Operating. | 47434 |
DEVELOPMENT ASSISTANCE DEBT SERVICE | 47435 |
The foregoing appropriation item 800-633, Development | 47436 |
Assistance Debt Service, shall be used to meet all payments at the | 47437 |
times they are required to be made during the period from July 1, | 47438 |
2001, to June 30, 2003, for bond service charges on obligations | 47439 |
issued under section 166.08 of the Revised Code, but limited to | 47440 |
the aggregate amount of $32,275,900. If it is determined that | 47441 |
additional appropriations are necessary for this purpose, such | 47442 |
amounts are hereby appropriated, provided that the appropriation | 47443 |
does not exceed $25,000,000 in any fiscal year, except as may be | 47444 |
needed for payments on obligations issued to meet guarantees. The | 47445 |
General Assembly acknowledges that an appropriation for this | 47446 |
purpose is not required, but is made in this form and in this act | 47447 |
for record purposes only. | 47448 |
REVITALIZATION DEBT SERVICE | 47449 |
The foregoing appropriation item 800-636, Revitalization Debt | 47450 |
Service, shall be used to pay debt service and related financing | 47451 |
costs during the period from July 1, 2001, to June 30, 2003, on | 47452 |
obligations to be issued for revitalization purposes under Section | 47453 |
2o of Article VIII, Ohio Constitution, and implementing | 47454 |
legislation. If it is determined that additional appropriations | 47455 |
are necessary for this purpose, such amounts are hereby | 47456 |
appropriated. The General Assembly acknowledges: (A) the priority | 47457 |
of the pledge of a portion of receipts from that source to | 47458 |
obligations issued and to be issued and guarantees made and to be | 47459 |
made under Chapter 166. of the Revised Code; and (B) that this | 47460 |
appropriation is subject to further consideration pursuant to | 47461 |
implementing legislation. | 47462 |
ADMINISTRATIVE ASSESSMENTS | 47463 |
Notwithstanding any other provision of law to the contrary, | 47464 |
Fund 163, Administration, shall receive assessments from all | 47465 |
operating funds of the department in accordance with procedures | 47466 |
prescribed by the Director of Commerce and approved by the | 47467 |
Director of Budget and Management. | 47468 |
Section 33. OCC OFFICE OF CONSUMERS' COUNSEL | 47469 |
General Services Fund Group | 47470 |
5F5 | 053-601 | Operating Expenses | $ | 8,560,182 | $ | 9,277,518 | 47471 | ||||
TOTAL GSF General Services Fund Group | $ | 8,560,182 | $ | 9,277,518 | 47472 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 8,560,182 | $ | 9,277,518 | 47473 |
CONSUMERS' COUNSEL TRANSFER | 47474 |
On July 1, 2001, or as soon as possible thereafter, the | 47475 |
Director of Budget and Management shall transfer $349,758.12 in | 47476 |
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the | 47477 |
General Revenue Fund. | 47478 |
Section 34. CEB CONTROLLING BOARD | 47479 |
General Revenue Fund | 47480 |
GRF | 911-404 | Mandate Assistance | $ | 2,000,000 | $ | 2,000,000 | 47481 | ||||
GRF | 911-408 | Ohio's Bicentennial Celebration | $ | 3,000,000 | $ | 5,000,000 | 47482 | ||||
GRF | 911-441 | Ballot Advertising Costs | $ | 600,000 | $ | 600,000 | 47483 | ||||
TOTAL GRF General Revenue Fund | $ | 5,600,000 | $ | 7,600,000 | 47484 |
State Special Revenue Fund Group | 47485 |
5E2 | 911-601 | Disaster Services | $ | 8,000,000 | $ | 4,000,000 | 47486 | ||||
TOTAL SSR State Special | 47487 | ||||||||||
Revenue Fund Group | $ | 8,000,000 | $ | 4,000,000 | 47488 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 13,600,000 | $ | 11,600,000 | 47489 |
FEDERAL SHARE | 47490 |
In transferring appropriations to or from appropriation items | 47491 |
that have federal shares identified in this act, the Controlling | 47492 |
Board shall add or subtract corresponding amounts of federal | 47493 |
matching funds at the percentages indicated by the state and | 47494 |
federal division of the appropriations in this act. Such changes | 47495 |
are appropriated. | 47496 |
DISASTER ASSISTANCE | 47497 |
Pursuant to requests submitted by the Department of Public | 47498 |
Safety, the Controlling Board may approve transfers from the | 47499 |
Emergency Purposes Fund to a Department of Public Safety General | 47500 |
Revenue Fund appropriation item to provide funding for assistance | 47501 |
to political subdivisions made necessary by natural disasters or | 47502 |
emergencies. Such transfers may be requested and approved prior to | 47503 |
the occurrence of any specific natural disasters or emergencies in | 47504 |
order to facilitate the provision of timely assistance. | 47505 |
SOUTHERN OHIO CORRECTIONAL FACILITY COST | 47506 |
The Office of Criminal Justice Services and the Public | 47507 |
Defender Commission may each request, upon approval of the | 47508 |
Director of Budget and Management, additional funds from the | 47509 |
Emergency Purposes Fund for costs related to the disturbance that | 47510 |
occurred on April 11, 1993, at the Southern Ohio Correctional | 47511 |
Facility in Lucasville, Ohio. | 47512 |
DISASTER SERVICES | 47513 |
Pursuant to requests submitted by the Department of Public | 47514 |
Safety, the Controlling Board may approve transfers from the | 47515 |
foregoing appropriation item 911-601, Disaster Services, to a | 47516 |
Department of Public Safety General Revenue Fund appropriation | 47517 |
item to provide for assistance to political subdivisions made | 47518 |
necessary by natural disasters or emergencies. These transfers | 47519 |
may be requested and approved prior to the occurrence of any | 47520 |
specific natural disasters or emergencies in order to facilitate | 47521 |
the provision of timely assistance. The Emergency Management | 47522 |
Agency of the Department of Public Safety shall use the funding | 47523 |
for disaster aid requests that meet the Emergency Management | 47524 |
Agency?s criteria for assistance. | 47525 |
The foregoing appropriation item 911-601, Disaster Services, | 47526 |
shall be used by the Controlling Board, pursuant to requests | 47527 |
submitted by state agencies, to transfer cash and appropriation | 47528 |
authority to any fund and appropriation item for the payment of | 47529 |
state agency program expenses as follows: | 47530 |
(A) The southern Ohio flooding, referred to as | 47531 |
FEMA-DR-1164-OH; | 47532 |
(B) The flood/storm disaster referred to as FEMA-DR-1227-OH; | 47533 |
(C) The Southern Ohio flooding, referred to as | 47534 |
FEMA-DR-1321-OH; | 47535 |
(D) The flooding referred to as FEMA-DR-1339-OH; | 47536 |
(E) The tornado/storms referred to as FEMA-DR-1343-OH; | 47537 |
(F) Other disasters declared by the Governor, if the | 47538 |
Director of Budget and Management determines that sufficient funds | 47539 |
exist beyond the expected program costs of these disasters. | 47540 |
MANDATE ASSISTANCE | 47541 |
(A) The foregoing appropriation item 911-404, Mandate | 47542 |
Assistance, shall be used to provide financial assistance to local | 47543 |
units of government, school districts, and fire departments for | 47544 |
the cost of the following three unfunded state mandates: | 47545 |
(1) The cost to county prosecutors for prosecuting certain | 47546 |
felonies that occur on the grounds of state institutions operated | 47547 |
by the Department of Rehabilitation and Correction and the | 47548 |
Department of Youth Services; | 47549 |
(2) The cost, primarily to small villages and townships, of | 47550 |
providing firefighter training and equipment or gear; | 47551 |
(3) The cost to school districts of in-service training for | 47552 |
child abuse detection. | 47553 |
(B) The Department of Commerce, the Office of Criminal | 47554 |
Justice Services, and the Department of Education may prepare and | 47555 |
submit to the Controlling Board one or more requests to transfer | 47556 |
appropriations from appropriation item 911-404, Mandate | 47557 |
Assistance. The state agencies charged with this administrative | 47558 |
responsibility are listed below, as well as the estimated annual | 47559 |
amounts that the commission may propose be used for each program | 47560 |
of state financial assistance. | 47561 |
ADMINISTERING | ESTIMATED ANNUAL | 47562 | ||||
PROGRAM | AGENCY | AMOUNT | 47563 |
Prosecution Costs | Office of Criminal | $200,000 | 47564 | |||
Justice Services | 47565 | |||||
Firefighter Training Costs | Department of Commerce | $1,000,000 | 47566 | |||
Child Abuse Detection Training Costs | Department of Education | $800,000 | 47567 |
(C) Subject to the total amount appropriated in each fiscal | 47568 |
year for appropriation item 911-404, Mandate Assistance, the | 47569 |
Department of Commerce, the Office of Criminal Justice Services, | 47570 |
and the Department of Education may request from the Controlling | 47571 |
Board that amounts smaller or larger than these estimated annual | 47572 |
amounts be transferred to each program. | 47573 |
(D) In addition to making the initial transfers requested by | 47574 |
the Department of Commerce, the Office of Criminal Justice | 47575 |
Services, and the Department of Education, the Controlling Board | 47576 |
may transfer appropriations received by a state agency under this | 47577 |
section back to appropriation item 911-404, Mandate Assistance, or | 47578 |
to one or more of the other programs of state financial assistance | 47579 |
identified under this section. | 47580 |
(E) It is expected that not all costs incurred by local | 47581 |
units of government, school districts, and fire departments under | 47582 |
each of the three programs of state financial assistance | 47583 |
identified under this section will be fully reimbursed by the | 47584 |
state. Reimbursement levels may vary by program and shall be | 47585 |
based on: the relationship between the appropriation transfers | 47586 |
requested by the Department of Commerce, the Office of Criminal | 47587 |
Justice Services, and the Department of Education and provided by | 47588 |
the Controlling Board for each of the programs; the rules and | 47589 |
procedures established for each program by the administering state | 47590 |
agency; and the actual costs incurred by local units of | 47591 |
government, school districts, and fire departments. | 47592 |
(F) Each of these programs of state financial assistance | 47593 |
shall be carried out as follows: | 47594 |
(1) PROSECUTION COSTS | 47595 |
(a) Appropriations may be transferred to the Office of | 47596 |
Criminal Justice Services to cover local prosecution costs for | 47597 |
aggravated murder, murder, felonies of the first degree, and | 47598 |
felonies of the second degree that occur on the grounds of | 47599 |
institutions operated by the Department of Rehabilitation and | 47600 |
Correction and the Department of Youth Services. | 47601 |
(b) Upon a delinquency filing in juvenile court or the | 47602 |
return of an indictment for aggravated murder, murder, or any | 47603 |
felony of the first or second degree that was committed at a | 47604 |
Department of Youth Services or a Department of Rehabilitation and | 47605 |
Correction institution, the affected county may, in accordance | 47606 |
with rules that the Office of Criminal Justice Services shall | 47607 |
adopt, apply to the Office of Criminal Justice Services for a | 47608 |
grant to cover all documented costs that are incurred by the | 47609 |
county prosecutor's office. | 47610 |
(c) Twice each year, the Office of Criminal Justice Services | 47611 |
shall designate counties to receive grants from those counties | 47612 |
that have submitted one or more applications in compliance with | 47613 |
the rules that have been adopted by the Office of Criminal Justice | 47614 |
Services for the receipt of such grants. In each year's first | 47615 |
round of grant awards, if sufficient appropriations have been | 47616 |
made, up to a total of $100,000 may be awarded. In each year's | 47617 |
second round of grant awards, the remaining appropriations | 47618 |
available for this purpose may be awarded. | 47619 |
(d) If for a given round of grants there are insufficient | 47620 |
appropriations to make grant awards to all the eligible counties, | 47621 |
the first priority shall be given to counties with cases involving | 47622 |
aggravated murder and murder, second priority shall be given to | 47623 |
cases involving a felony of the first degree, and third priority | 47624 |
shall be given to cases involving a felony of the second degree. | 47625 |
Within these priorities, the grant awards shall be based on the | 47626 |
order in which the applications were received, except that | 47627 |
applications for cases involving a felony of the first or second | 47628 |
degree shall not be considered in more than two consecutive rounds | 47629 |
of grant awards. | 47630 |
(2) FIREFIGHTER TRAINING COSTS | 47631 |
Appropriations may be transferred to the Department of | 47632 |
Commerce for use as full or partial reimbursement to local units | 47633 |
of government and fire departments for the cost of firefighter | 47634 |
training and equipment or gear. In accordance with rules that the | 47635 |
department shall adopt, a local unit of government or fire | 47636 |
department may apply to the department for a grant to cover all | 47637 |
documented costs that are incurred to provide firefighter training | 47638 |
and equipment or gear. The department shall make grants within | 47639 |
the limits of the funding provided, with priority given to fire | 47640 |
departments that serve small villages and townships. | 47641 |
(3) CHILD ABUSE DETECTION TRAINING COSTS | 47642 |
Appropriations may be transferred to the Department of | 47643 |
Education for disbursement to local school districts as full or | 47644 |
partial reimbursement for the cost of providing in-service | 47645 |
training for child abuse detection. In accordance with rules that | 47646 |
the department shall adopt, a local school district may apply to | 47647 |
the department for a grant to cover all documented costs that are | 47648 |
incurred to provide in-service training for child abuse detection. | 47649 |
The department shall make grants within the limits of the funding | 47650 |
provided. | 47651 |
(G) Any moneys allocated within appropriation item 911-404, | 47652 |
Mandate Assistance, not fully utilized may, upon application of | 47653 |
the Department of Education, and with the approval of the | 47654 |
Controlling Board, be disbursed to boards of county commissioners | 47655 |
to provide reimbursement for office space, equipment, and related | 47656 |
mandated expenses for educational service centers. | 47657 |
The amount to be disbursed to each county shall be allocated | 47658 |
proportionately to the ADM of the educational service center for | 47659 |
which a board of county commissioners is required to provide an | 47660 |
office under section 3319.19 of the Revised Code. | 47661 |
OHIO'S BICENTENNIAL CELEBRATION | 47662 |
The foregoing appropriation item 911-408, Ohio's Bicentennial | 47663 |
Celebration, shall be distributed according to a plan approved by | 47664 |
the Ohio Bicentennial Commission. Pursuant to requests submitted | 47665 |
by the Ohio Bicentennial Commission, the Controlling Board may | 47666 |
approve transfers from the foregoing appropriation item 911-408, | 47667 |
Ohio's Bicentennial Celebration, to appropriation item 360-503, | 47668 |
Ohio Bicentennial Commission, or to other new or existing | 47669 |
appropriation items of a state agency or other entity as specified | 47670 |
by the commission. | 47671 |
BALLOT ADVERTISING COSTS | 47672 |
Pursuant to requests submitted by the Ohio Ballot Board, the | 47673 |
Controlling Board shall approve transfers from the foregoing | 47674 |
appropriation item 911-441, Ballot Advertising Costs, to an Ohio | 47675 |
Ballot Board appropriation item in order to reimburse county | 47676 |
boards of elections for the cost of public notices associated with | 47677 |
statewide ballot initiatives. | 47678 |
Of the foregoing appropriation item 911-441, Ballot | 47679 |
Advertising Costs, the Director of Budget and Management shall | 47680 |
transfer any amounts that are not needed for the purpose of | 47681 |
reimbursing county boards of elections for the cost of public | 47682 |
notices associated with statewide ballot initiatives to | 47683 |
appropriation item 911-404, Mandate Assistance. | 47684 |
Section 35. COS STATE BOARD OF COSMETOLOGY | 47685 |
General Services Fund Group | 47686 |
4K9 | 879-609 | Operating Expenses | $ | 2,528,489 | $ | 2,728,359 | 47687 | ||||
TOTAL GSF General Services Fund | 47688 | ||||||||||
Group | $ | 2,528,489 | $ | 2,728,359 | 47689 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,528,489 | $ | 2,728,359 | 47690 |
Section 36. CSW COUNSELOR AND SOCIAL WORKERS BOARD | 47692 |
General Services Fund Group | 47693 |
4K9 | 899-609 | Operating Expenses | $ | 907,772 | $ | 953,563 | 47694 | ||||
TOTAL GSF General Services Fund | 47695 | ||||||||||
Group | $ | 907,772 | $ | 953,563 | 47696 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 907,772 | $ | 953,563 | 47697 |
Section 37. CLA COURT OF CLAIMS | 47699 |
General Revenue Fund | 47700 |
GRF | 015-321 | Operating Expenses | $ | 2,953,045 | $ | 3,035,730 | 47701 | ||||
TOTAL GRF General Revenue Fund | $ | 2,953,045 | $ | 3,035,730 | 47702 |
State Special Revenue Fund Group | 47703 |
5K2 | 015-603 | CLA Victims of Crime | $ | 1,891,183 | $ | 1,602,716 | 47704 | ||||
TOTAL SSR State Special Revenue | 47705 | ||||||||||
Fund Group | $ | 1,891,183 | $ | 1,602,716 | 47706 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 4,844,228 | $ | 4,638,446 | 47707 |
Section 38. CJS OFFICE OF CRIMINAL JUSTICE SERVICES | 47709 |
General Revenue Fund | 47710 |
GRF | 196-401 | Criminal Justice Information System | $ | 772,236 | $ | 798,575 | 47711 | ||||
GRF | 196-403 | Violence Prevention | $ | 292,891 | $ | 277,924 | 47712 | ||||
GRF | 196-405 | Family Violence Prevention Program | $ | 775,000 | $ | 775,000 | 47713 | ||||
GRF | 196-424 | Operating Expenses | $ | 1,655,987 | $ | 1,840,186 | 47714 | ||||
TOTAL GRF General Revenue Fund | $ | 3,496,114 | $ | 3,691,685 | 47715 |
General Services Fund Group | 47716 |
4P6 | 196-601 | General Services | $ | 107,310 | $ | 109,992 | 47717 | ||||
TOTAL GSF General Services Fund Group | $ | 107,310 | $ | 109,992 | 47718 |
Federal Special Revenue Fund Group | 47719 |
3L5 | 196-604 | Justice Programs | $ | 29,464,972 | $ | 29,494,089 | 47720 | ||||
3U1 | 196-602 | Juvenile Justice Program | $ | 250,000 | $ | 0 | 47721 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 29,714,972 | $ | 29,494,089 | 47722 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 33,318,396 | $ | 33,295,766 | 47723 |
INDIGENT DEFENSE | 47724 |
The Office of Criminal Justice Services shall make all | 47725 |
efforts to maximize the amount of funding available for the | 47726 |
defense of indigent persons. | 47727 |
CRIMINAL JUSTICE INFORMATION SYSTEM | 47728 |
The foregoing appropriation item 196-401, Criminal Justice | 47729 |
Information System, shall be used by the Office of Criminal | 47730 |
Justice Services to work on a plan to improve Ohio's criminal | 47731 |
justice information systems. The Director of Criminal Justice | 47732 |
Services shall evaluate the progress of this plan and issue a | 47733 |
report to the Governor, the Speaker and the Minority Leader of the | 47734 |
House of Representatives, the President and the Minority Leader of | 47735 |
the Senate, the Criminal Justice Policy Board, and the Legislative | 47736 |
Service Commission by the first day of January of each year of the | 47737 |
two-year biennium beginning July 1, 2001, and ending June 30, | 47738 |
2003. | 47739 |
OPERATING EXPENSES | 47740 |
Of the foregoing appropriation item 196-424, Operating | 47741 |
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in | 47742 |
fiscal year 2003 shall be used for the purpose of matching federal | 47743 |
funds. | 47744 |
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT | 47745 |
The foregoing appropriation item 196-602, Juvenile Justice | 47746 |
Program, shall be used to fund and close out the Juvenile | 47747 |
Accountability Incentive Block Grant Program for federal fiscal | 47748 |
year 1999. | 47749 |
Section 39. DEN STATE DENTAL BOARD | 47750 |
General Services Fund Group | 47751 |
4K9 | 880-609 | Operating Expenses | $ | 1,250,703 | $ | 1,281,056 | 47752 | ||||
TOTAL GSF General Services Fund | 47753 | ||||||||||
Group | $ | 1,250,703 | $ | 1,281,056 | 47754 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,250,703 | $ | 1,281,056 | 47755 |
Section 40. BDP BOARD OF DEPOSIT | 47757 |
General Services Fund Group | 47758 |
4M2 | 974-601 | Board of Deposit | $ | 838,000 | $ | 838,000 | 47759 | ||||
TOTAL GSF General Services Fund | 47760 | ||||||||||
Group | $ | 838,000 | $ | 838,000 | 47761 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 838,000 | $ | 838,000 | 47762 |
BOARD OF DEPOSIT EXPENSE FUND | 47763 |
Upon receiving certification of expenses from the Treasurer | 47764 |
of State, the Director of Budget and Management shall transfer | 47765 |
cash from the Investment Earnings Redistribution Fund (Fund 608) | 47766 |
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund | 47767 |
shall be used to pay for banking charges and fees required for the | 47768 |
operation of the State of Ohio Regular Account. | 47769 |
Section 41. DEV DEPARTMENT OF DEVELOPMENT | 47770 |
General Revenue Fund | 47771 |
GRF | 195-100 | Personal Services | $ | 2,651,334 | $ | 2,920,941 | 47772 | ||||
GRF | 195-200 | Maintenance | $ | 589,524 | $ | 601,314 | 47773 | ||||
GRF | 195-300 | Equipment | $ | 108,161 | $ | 110,324 | 47774 | ||||
GRF | 195-401 | Thomas Edison Program | $ | 20,000,000 | $ | 20,000,000 | 47775 | ||||
GRF | 195-404 | Small Business Development | $ | 2,452,342 | $ | 2,529,843 | 47776 | ||||
GRF | 195-405 | Minority Business Development Division | $ | 2,278,888 | $ | 2,297,314 | 47777 | ||||
GRF | 195-406 | Transitional and Permanent Housing | $ | 2,770,145 | $ | 2,770,155 | 47778 | ||||
GRF | 195-407 | Travel and Tourism | $ | 6,345,500 | $ | 6,448,399 | 47779 | ||||
GRF | 195-408 | Coal Research Development | $ | 210,498 | $ | 233,237 | 47780 | ||||
GRF | 195-409 | Utility Payment Administration | $ | 666,033 | $ | 701,173 | 47781 | ||||
GRF | 195-412 | Business Development Grants | $ | 8,033,935 | $ | 9,092,851 | 47782 | ||||
GRF | 195-414 | First Frontier Match | $ | 490,000 | $ | 490,000 | 47783 | ||||
GRF | 195-415 | Regional Offices and Economic Development | $ | 6,420,675 | $ | 6,735,253 | 47784 | ||||
GRF | 195-416 | Governor's Office of Appalachia | $ | 5,466,954 | $ | 4,975,126 | 47785 | ||||
GRF | 195-417 | Urban/Rural Initiative | $ | 980,000 | $ | 980,000 | 47786 | ||||
GRF | 195-422 | Technology Action | $ | 14,000,000 | $ | 14,000,000 | 47787 | ||||
GRF | 195-431 | Community Development Corporation Grants | $ | 2,530,860 | $ | 2,530,860 | 47788 | ||||
GRF | 195-432 | International Trade | $ | 5,390,000 | $ | 5,551,700 | 47789 | ||||
GRF | 195-434 | Investment in Training Grants | $ | 12,500,000 | $ | 12,500,000 | 47790 | ||||
GRF | 195-436 | Labor/Management Cooperation | $ | 1,146,805 | $ | 1,152,752 | 47791 | ||||
GRF | 195-440 | Emergency Shelter Housing Grants | $ | 2,768,313 | $ | 2,841,441 | 47792 | ||||
GRF | 195-441 | Low and Moderate Income Housing | $ | 19,000,000 | $ | 19,000,000 | 47793 | ||||
GRF | 195-497 | CDBG Operating Match | 47794 | ||||||||
State | $ | 1,208,576 | $ | 1,215,295 | 47795 | ||||||
Federal | $ | 5,200,000 | $ | 6,500,000 | 47796 | ||||||
CDBG Operating Match Total | $ | 6,408,576 | $ | 7,715,295 | 47797 | ||||||
GRF | 195-498 | State Energy Match | $ | 153,558 | $ | 158,548 | 47798 | ||||
GRF | 195-501 | Appalachian Local Development Districts | $ | 453,962 | $ | 453,962 | 47799 | ||||
GRF | 195-502 | Appalachian Regional Commission Dues | $ | 219,912 | $ | 219,912 | 47800 | ||||
GRF | 195-505 | Utility Bill Credits | $ | 7,350,000 | $ | 7,350,000 | 47801 | ||||
GRF | 195-507 | Travel and Tourism Grants | $ | 1,324,000 | $ | 1,324,000 | 47802 | ||||
GRF | 195-510 | Issue 1 Implementation | $ | 1,000,000 | $ | 1,500,000 | 47803 | ||||
GRF | 195-906 | Coal Research and Development General Obligation Debt Service | $ | 8,971,700 | $ | 9,420,300 | 47804 | ||||
TOTAL GRF General Revenue Fund | 47805 | ||||||||||
State | $ | 137,481,675 | $ | 140,104,700 | 47806 | ||||||
Federal | $ | 5,200,000 | $ | 6,500,000 | 47807 | ||||||
GRF TOTAL | $ | 142,681,675 | $ | 146,604,700 | 47808 |
General Services Fund Group | 47809 |
135 | 195-605 | Supportive Services | $ | 9,038,988 | $ | 9,531,707 | 47810 | ||||
136 | 195-621 | International Trade | $ | 100,000 | $ | 24,915 | 47811 | ||||
685 | 195-636 | General Reimbursements | $ | 1,275,234 | $ | 1,323,021 | 47812 | ||||
TOTAL GSF General Services Fund | 47813 | ||||||||||
Group | $ | 10,414,222 | $ | 10,879,643 | 47814 |
Federal Special Revenue Fund Group | 47815 |
3K8 | 195-613 | Community Development Block Grant | $ | 65,149,441 | $ | 65,088,961 | 47816 | ||||
3K9 | 195-611 | Home Energy Assistance Block Grant | $ | 62,000,000 | $ | 62,000,000 | 47817 | ||||
3K9 | 195-614 | HEAP Weatherization | $ | 10,412,041 | $ | 10,412,041 | 47818 | ||||
3L0 | 195-612 | Community Services Block Grant | $ | 22,135,000 | $ | 22,135,000 | 47819 | ||||
3V1 | 195-601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 47820 | ||||
308 | 195-602 | Appalachian Regional Commission | $ | 350,000 | $ | 350,200 | 47821 | ||||
308 | 195-603 | Housing and Urban Development | $ | 5,000,000 | $ | 5,000,000 | 47822 | ||||
308 | 195-605 | Federal Projects | $ | 7,855,501 | $ | 7,855,501 | 47823 | ||||
308 | 195-609 | Small Business Administration | $ | 3,799,626 | $ | 3,799,626 | 47824 | ||||
308 | 195-618 | Energy Federal Grants | $ | 2,803,560 | $ | 2,803,560 | 47825 | ||||
335 | 195-610 | Oil Overcharge | $ | 8,500,000 | $ | 8,500,000 | 47826 | ||||
380 | 195-622 | Housing Development Operating | $ | 4,507,212 | $ | 4,696,198 | 47827 | ||||
TOTAL FED Federal Special Revenue | 47828 | ||||||||||
Fund Group | $ | 232,512,381 | $ | 232,641,087 | 47829 |
State Special Revenue Fund Group | 47830 |
4F2 | 195-639 | State Special Projects | $ | 1,052,762 | $ | 1,079,082 | 47831 | ||||
4H4 | 195-641 | First Frontier | $ | 600,000 | $ | 650,000 | 47832 | ||||
4S0 | 195-630 | Enterprise Zone Operating | $ | 211,900 | $ | 211,900 | 47833 | ||||
4S1 | 195-634 | Job Creation Tax Credit Operating | $ | 372,700 | $ | 375,800 | 47834 | ||||
4W1 | 195-646 | Minority Business Enterprise Loan | $ | 2,572,960 | $ | 2,580,597 | 47835 | ||||
444 | 195-607 | Water and Sewer Commission Loans | $ | 511,000 | $ | 523,775 | 47836 | ||||
445 | 195-617 | Housing Finance Operating | $ | 3,782,808 | $ | 3,968,184 | 47837 | ||||
450 | 195-624 | Minority Business Bonding Program Administration | $ | 13,232 | $ | 13,563 | 47838 | ||||
451 | 195-625 | Economic Development Financing Operating | $ | 2,062,451 | $ | 2,143,918 | 47839 | ||||
5M4 | 195-659 | Universal Service | $ | 160,000,000 | $ | 160,000,000 | 47840 | ||||
5M5 | 195-660 | Energy Efficiency Revolving Loan | $ | 12,000,000 | $ | 12,000,000 | 47841 | ||||
611 | 195-631 | Water and Sewer Administration | $ | 15,330 | $ | 15,713 | 47842 | ||||
617 | 195-654 | Volume Cap Administration | $ | 200,000 | $ | 200,000 | 47843 | ||||
646 | 195-638 | Low and Moderate Income Housing Trust Fund | $ | 21,539,552 | $ | 22,103,807 | 47844 | ||||
TOTAL SSR State Special Revenue | 47845 | ||||||||||
Fund Group | $ | 204,934,695 | $ | 205,866,339 | 47846 |
Facilities Establishment Fund | 47847 |
037 | 195-615 | Facilities Establishment | $ | 56,701,684 | $ | 58,119,226 | 47848 | ||||
4Z6 | 195-647 | Rural Industrial Park Loan | $ | 5,000,000 | $ | 5,000,000 | 47849 | ||||
5D1 | 195-649 | Port Authority Bond Reserves | $ | 2,500,000 | $ | 2,500,000 | 47850 | ||||
5D2 | 195-650 | Urban Redevelopment Loans | $ | 10,000,000 | $ | 10,475,000 | 47851 | ||||
5H1 | 195-652 | Family Farm Loan Guarantee | $ | 2,246,375 | $ | 2,246,375 | 47852 | ||||
TOTAL 037 Facilities | 47853 | ||||||||||
Establishment Fund | $ | 76,448,059 | $ | 78,340,601 | 47854 |
Coal Research/Development Fund | 47855 |
046 | 195-632 | Coal Research and Development Fund | $ | 12,847,178 | $ | 13,168,357 | 47856 | ||||
TOTAL 046 Coal Research/ | 47857 | ||||||||||
Development Fund | $ | 12,847,178 | $ | 13,168,357 | 47858 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 679,838,210 | $ | 687,500,727 | 47859 |
Section 41.01. WASHINGTON OFFICE | 47861 |
Of the foregoing appropriation items 195-100, Personal | 47862 |
Services, 195-200, Maintenance, and 195-300, Equipment, no more | 47863 |
than $335,700 in fiscal year 2002 and $335,700 in fiscal year 2003 | 47864 |
may be transferred to the General Reimbursement Fund (Fund 685) to | 47865 |
support the Washington Office. The transfer shall be made using | 47866 |
an intrastate transfer voucher. | 47867 |
THOMAS EDISON PROGRAM | 47868 |
The foregoing appropriation item 195-401, Thomas Edison | 47869 |
Program, shall be used for the purposes of sections 122.28 to | 47870 |
122.38 of the Revised Code in order to provide funds for | 47871 |
cooperative public and private efforts in technological innovation | 47872 |
to promote the development and transfer of technology by and to | 47873 |
Ohio businesses that will lead to the creation of jobs, and to | 47874 |
provide for the administration of this program by the Technology | 47875 |
Division. | 47876 |
Of the foregoing appropriation item 195-401, Thomas Edison | 47877 |
Program, not more than $2,153,282 in fiscal year 2002 and | 47878 |
$2,228,537 in fiscal year 2003 shall be used for the Technology | 47879 |
Division's operating expenses in administering this program. | 47880 |
Of the foregoing appropriation item 195-401, Thomas Edison | 47881 |
Program, $187,500 in each fiscal year shall be used for the | 47882 |
establishment of an e-logistics port at Rickenbacker Port | 47883 |
Authority. | 47884 |
Section 41.02. SMALL BUSINESS DEVELOPMENT | 47885 |
The foregoing appropriation item 195-404, Small Business | 47886 |
Development, shall be used to ensure that the unique needs and | 47887 |
concerns of small businesses are addressed. | 47888 |
The foregoing appropriation shall be used to provide grants | 47889 |
to local organizations to support the operation of Small Business | 47890 |
Development Centers, and other local economic development activity | 47891 |
promoting small business and for the cost of administering the | 47892 |
program. The centers shall provide technical, financial, and | 47893 |
management consultation for small business, and facilitate access | 47894 |
to state and federal programs. These funds shall be used as | 47895 |
matching funds for grants from the United States Small Business | 47896 |
Administration and other federal agencies, pursuant to Public Law | 47897 |
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and | 47898 |
regulations and policy guidelines for these programs. | 47899 |
In addition, the Office of Small Business shall operate the | 47900 |
One-Stop Business Permit Center, the Women's Business Resource | 47901 |
Program, support government procurement assistance, and implement | 47902 |
and coordinate the duties imposed on the Department of Development | 47903 |
by Am. Sub. S.B. 239 of the 115th General Assembly. | 47904 |
MINORITY BUSINESS DEVELOPMENT DIVISION | 47905 |
Of the foregoing appropriation item 195-405, Minority | 47906 |
Business Development Division, no less than $1,060,000 in each | 47907 |
fiscal year shall be used to fund minority contractors and | 47908 |
business assistance organizations. The Minority Business | 47909 |
Development Division shall determine which cities need minority | 47910 |
contractors and business assistance organizations by utilizing | 47911 |
United States Census Bureau data and zip codes to locate the | 47912 |
highest concentrations of minority businesses. The Minority | 47913 |
Business Development Division also shall determine the numbers of | 47914 |
minority contractors and business assistance organizations | 47915 |
necessary and the amount of funding to be provided each. In | 47916 |
addition, the Minority Business Development Division shall | 47917 |
continue to plan and implement business conferences. | 47918 |
Section 41.03. TRANSITIONAL AND PERMANENT HOUSING PROGRAM | 47919 |
Of the foregoing appropriation item 195-406, Transitional and | 47920 |
Permanent Housing, the Office of Housing and Community | 47921 |
Partnerships shall make grants to local governments and nonprofit | 47922 |
organizations for the acquisition, rehabilitation, renovation, | 47923 |
construction, conversion, operating, and supportive services costs | 47924 |
for both new and existing transitional and permanent housing for | 47925 |
the homeless. | 47926 |
COAL RESEARCH DEVELOPMENT | 47927 |
The foregoing appropriation item 195-408, Coal Research | 47928 |
Development, shall be used for the administrative costs of the | 47929 |
Coal Development Office within the Technology Division and for | 47930 |
grants that encourage, promote, and assist the use of Ohio coal | 47931 |
pursuant to section 1551.32 of the Revised Code. | 47932 |
UTILITY PAYMENT ADMINISTRATION | 47933 |
The foregoing appropriation item 195-409, Utility Payment | 47934 |
Administration, shall be used for the administrative costs | 47935 |
necessary to provide utility and fuel assistance benefits to | 47936 |
eligible low-income Ohio households with elderly and disabled | 47937 |
members. | 47938 |
Section 41.04. BUSINESS DEVELOPMENT | 47939 |
The foregoing appropriation item 195-412, Business | 47940 |
Development Grants, shall be used as an incentive for attracting | 47941 |
and retaining business opportunities for the state. Any such | 47942 |
business opportunity, whether new, expanding, or relocating in | 47943 |
Ohio, is eligible for funding. The project must create or retain | 47944 |
a significant number of jobs for Ohioans. Grant awards may be | 47945 |
considered only when (1) the project's viability hinges on an | 47946 |
award of appropriation item 195-412, Business Development Grants, | 47947 |
funds; (2) all other public or private sources of financing have | 47948 |
been considered; or (3) the funds act as a catalyst for the | 47949 |
infusion into the project of other financing sources. | 47950 |
The department's primary goal shall be to award funds to | 47951 |
political subdivisions of the state for off-site infrastructure | 47952 |
improvements. In order to meet the particular needs of economic | 47953 |
development in a region, the department may elect to award funds | 47954 |
directly to a business for on-site infrastructure improvements. | 47955 |
Infrastructure improvements mean improvements to water system | 47956 |
facilities, sewer and sewage treatment facilities, electric or gas | 47957 |
service facilities, fiber optic facilities, rail facilities, site | 47958 |
preparation, and parking facilities. The Director of Development | 47959 |
may recommend the funds be used in an alternative manner when | 47960 |
deemed appropriate to meet an extraordinary economic development | 47961 |
opportunity or need. | 47962 |
The foregoing appropriation item 195-412, Business | 47963 |
Development Grants, may be expended only after the submission of a | 47964 |
request to the Controlling Board by the Department of Development | 47965 |
outlining the planned use of the funds, and the subsequent | 47966 |
approval of the request by the Controlling Board. | 47967 |
The foregoing appropriation item 195-412, Business | 47968 |
Development Grants, may be used for, but is not limited to, | 47969 |
construction, rehabilitation, and acquisition projects for rail | 47970 |
freight assistance as requested by the Department of | 47971 |
Transportation. The Director of Transportation shall submit the | 47972 |
proposed projects to the Director of Development for an evaluation | 47973 |
of potential economic benefit. | 47974 |
Section 41.05. FIRST FRONTIER MATCH | 47975 |
The foregoing appropriation item 195-414, First Frontier | 47976 |
Match, shall be used as matching funds to targeted counties for | 47977 |
the purpose of marketing state, regional, and local | 47978 |
characteristics that may attract economic development. Targeted | 47979 |
counties mean counties that have a population of less than 175,000 | 47980 |
residents. The appropriation may be used either for marketing | 47981 |
programs by individual targeted counties or regional marketing | 47982 |
campaigns, which are marketing programs in which at least one | 47983 |
targeted county is participating with one or more other targeted | 47984 |
counties or larger counties. | 47985 |
REGIONAL OFFICES AND ECONOMIC DEVELOPMENT | 47986 |
The foregoing appropriation item 195-415, Regional Offices | 47987 |
and Economic Development, shall be used for the operating expenses | 47988 |
of the Economic Development Division and the regional economic | 47989 |
development offices and for grants for cooperative economic | 47990 |
development ventures. | 47991 |
Section 41.06. GOVERNOR'S OFFICE OF APPALACHIAN OHIO | 47992 |
The foregoing appropriation item 195-416, Governor's Office | 47993 |
of Appalachia, shall be used for the administrative costs of | 47994 |
planning and liaison activities for the Governor's Office of | 47995 |
Appalachian Ohio. Funds not expended for liaison and training | 47996 |
activities may be expended for special project grants within the | 47997 |
Appalachian Region. | 47998 |
Of the foregoing appropriation item 195-416, Governor's | 47999 |
Office of Appalachia, up to $250,000 each fiscal year shall be | 48000 |
used to match federal funds from the Appalachian Development | 48001 |
Commission to provide job training to impact the Appalachian | 48002 |
Region. | 48003 |
Of the foregoing appropriation item 195-416, Governor's | 48004 |
Office of Appalachia, $4,400,000 in each fiscal year shall be | 48005 |
used in conjunction with other federal and state funds to provide | 48006 |
financial assistance to projects in Ohio's Appalachian counties in | 48007 |
order to further the goals of the Appalachian Regional Commission. | 48008 |
Such projects and project sponsors shall meet Appalachian Regional | 48009 |
Commission eligibility requirements. Grants shall be administered | 48010 |
by the Department of Development. | 48011 |
Of the foregoing appropriation item 195-416, Governor's | 48012 |
Office of Appalachia, $500,000 in fiscal year 2002 shall be used | 48013 |
by the Appalachian Energy Grant Authority to make grants to | 48014 |
eligible applicants to enhance and maintain the economic welfare | 48015 |
of the Appalachian Region through the support of manufacturing in | 48016 |
the region. | 48017 |
URBAN/RURAL INITIATIVE | 48018 |
The foregoing appropriation item 195-417, Urban/Rural | 48019 |
Initiative, shall be used to make grants in accordance with | 48020 |
sections 122.19 to 122.22 of the Ohio Revised Code. | 48021 |
TECHNOLOGY ACTION | 48022 |
Prior to the release of funds from appropriation item | 48023 |
195-422, Technology Action, each grant award shall first obtain | 48024 |
approval from eight members of the Technology Action Board and | 48025 |
from the Controlling Board. | 48026 |
The Technology Action Board shall consist of fourteen | 48027 |
members. The following ten members shall be appointed by the | 48028 |
Governor with the advice and consent of the Senate. Six members | 48029 |
shall be recognized technology and business leaders from the | 48030 |
following sectors covering the state: Northeast, Southeast, | 48031 |
Northwest, Central, Southwest, and the Miami Valley Area. One | 48032 |
member shall come from the Wright Patterson Air Force Laboratory, | 48033 |
one member shall come from the NASA Glenn Research Center, one | 48034 |
member shall come from the Inter-University Council, and one | 48035 |
member shall be the current Director of the Edison Centers | 48036 |
Technology Council. | 48037 |
The chair of the Technology Action Board shall be the | 48038 |
Governor's Science and Technology Advisor, with staff and other | 48039 |
support as needed from the Department of Development's Technology | 48040 |
Division and from the Board of Regents' Academic and Access | 48041 |
Division. In addition, the Directors of Development and | 48042 |
Transportation (or their designees), and the Chancellor of the | 48043 |
Board of Regents (or the Chancellor's designee), shall serve as | 48044 |
ex-officio members of the Technology Action Board. | 48045 |
The Technology Action Board, in accordance with Chapter 119. | 48046 |
of the Revised Code, shall adopt rules governing the Board's grant | 48047 |
award program, including rules specifying application procedures | 48048 |
for and standards for grant awards under the program and rules | 48049 |
prescribing the form of the application for a grant award under | 48050 |
the program. The rules shall require grant awards under the | 48051 |
program to be used by only the applicant to whom a grant is | 48052 |
awarded and only for the specific purposes stated by the applicant | 48053 |
in the approved application for the grant. | 48054 |
Of the foregoing appropriation item 195-422, Technology | 48055 |
Action, not more than six per cent in each fiscal year shall be | 48056 |
used for operating expenditures in administering this program. | 48057 |
In addition to the six per cent for operating expenditures, | 48058 |
an additional administrative amount, not to exceed $1,500,000 | 48059 |
within the biennium, shall be used for research, analyses, and | 48060 |
marketing efforts deemed necessary to receive and disseminate | 48061 |
information about science and technology related opportunities. | 48062 |
Of the foregoing appropriation item 195-422, Technology | 48063 |
Action, $500,000 in each fiscal year shall be used for the | 48064 |
EMTEK/Delphi Project for Wire Break Technology. | 48065 |
Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS | 48066 |
Of the foregoing appropriation item 195-431, Community | 48067 |
Development Corporation Grants, a portion of funds in each fiscal | 48068 |
year of the biennium shall be used to make grants to the Ohio | 48069 |
Community Development Finance Fund, a nonprofit corporation, in | 48070 |
order to leverage private-sector funds to assist nonprofit | 48071 |
development organizations to create affordable housing and | 48072 |
permanent jobs in distressed areas of the state. The remaining | 48073 |
moneys shall be used to provide funds to assist local community | 48074 |
development corporations to develop affordable housing programs | 48075 |
and economic development programs in their neighborhoods, and for | 48076 |
operating costs. | 48077 |
Of the foregoing appropriation item 195-431, Community | 48078 |
Development Corporation Grants, not less than $100,000 in each | 48079 |
fiscal year shall be used to provide training, technical | 48080 |
assistance, and capacity building assistance to nonprofit | 48081 |
development organizations in underserved areas of the state. For | 48082 |
grants awarded in each fiscal year of the biennium, priority shall | 48083 |
be given to proposals submitted by nonprofit development | 48084 |
organizations from underserved areas of the state. | 48085 |
Section 41.08. INTERNATIONAL TRADE | 48086 |
The foregoing appropriation item 195-432, International | 48087 |
Trade, shall be used to operate and to maintain Ohio's | 48088 |
out-of-state trade offices. | 48089 |
The Director of Development may enter into contracts with | 48090 |
foreign nationals to staff foreign offices. Such contracts may be | 48091 |
paid in local currency or United States currency and shall be | 48092 |
exempt from the provisions of section 127.16 of the Revised Code. | 48093 |
The director also may establish foreign currency accounts in | 48094 |
accordance with section 122.05 of the Revised Code for the payment | 48095 |
of expenses related to the operation and maintenance of the | 48096 |
foreign trade offices. | 48097 |
The foregoing appropriation item 195-432, International | 48098 |
Trade, shall be used to fund the International Trade Division and | 48099 |
to assist Ohio manufacturers and agricultural producers in | 48100 |
exporting to foreign countries in conjunction with the Department | 48101 |
of Agriculture. | 48102 |
Of the foregoing appropriation item 195-432, International | 48103 |
Trade, up to $35,000 may be used to purchase gifts for | 48104 |
representatives of foreign governments or dignitaries of foreign | 48105 |
countries. | 48106 |
Section 41.09. OHIO INVESTMENT IN TRAINING PROGRAM | 48107 |
The foregoing appropriation item 195-434, Investment in | 48108 |
Training Grants, shall be used to promote industrial training | 48109 |
through training grants for the reimbursement of eligible training | 48110 |
expenses. | 48111 |
Section 41.10. EMERGENCY SHELTER HOUSING GRANTS | 48112 |
(A) As used in this section, "emergency shelter housing" | 48113 |
means a structure suitable for the temporary housing of the | 48114 |
homeless and the provision of, or referral to, supportive | 48115 |
services. Shelters that restrict admission to victims of domestic | 48116 |
violence, runaways, or alcohol or substance abusers shall not be | 48117 |
considered emergency shelter housing. | 48118 |
(B) The foregoing appropriation item 195-440, Emergency | 48119 |
Shelter Housing Grants, shall be used by the Office of Housing and | 48120 |
Community Partnerships in the Department of Development to make | 48121 |
grants to private, nonprofit organizations to provide emergency | 48122 |
shelter housing for the homeless. The department shall distribute | 48123 |
the grants pursuant to rules adopted by the Director of | 48124 |
Development. The director may amend or rescind the rules and may | 48125 |
adopt other rules necessary to implement this section. In awarding | 48126 |
grants, the department shall give preference to organizations | 48127 |
applying to fund existing emergency shelter housing. | 48128 |
The department shall notify each organization that applied | 48129 |
for a grant under this section of the amount of its grant award, | 48130 |
if any. To receive a grant, the organization shall provide | 48131 |
matching funds equal to 50 per cent of the total grant it was | 48132 |
awarded. The organization shall expend its grant for shelter | 48133 |
operations and supportive services, which include employment | 48134 |
assistance, case management, information and referral services, | 48135 |
transportation, and clothing. In providing employment assistance, | 48136 |
the organization shall, at a minimum, refer persons to the | 48137 |
Department of Job and Family Services. | 48138 |
LOW AND MODERATE INCOME HOUSING | 48139 |
The Director of Budget and Management, after consulting with | 48140 |
the Director of Development, shall transfer up to $19,000,000 from | 48141 |
appropriation item 195-441, Low and Moderate Income Housing, to | 48142 |
appropriation item 195-638, Low and Moderate Income Housing Trust | 48143 |
Fund. This transfer shall be made via an intrastate transfer | 48144 |
voucher. | 48145 |
TANF TRANSFER TO CDBG OPERATING MATCH | 48146 |
The Office of Housing and Community Partnerships of the | 48147 |
Department of Development shall use $5,200,000 of appropriation | 48148 |
authority transferred from appropriation item 600-689, TANF Block | 48149 |
Grant, in the Department of Job and Family Services in fiscal year | 48150 |
2002 to appropriation item 195-497, CDBG Operating Match, in the | 48151 |
Department of Development, and $6,500,000 of appropriation | 48152 |
authority transferred from appropriation item 600-689, TANF Block | 48153 |
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG | 48154 |
Operating Match, to provide grants supportive services for | 48155 |
low-income families related to housing or homelessness, including | 48156 |
housing counseling; to provide grants to nonprofit organizations | 48157 |
to assist families with incomes at or below 200 per cent of the | 48158 |
federal poverty guidelines with down payment assistance for | 48159 |
homeownership, including the purchase of mobile homes; to provide | 48160 |
emergency home repair funding for families with incomes at or | 48161 |
below 200 per cent of the federal poverty guideline; to provide | 48162 |
operating support for family emergency shelter programs; and to | 48163 |
provide emergency rent and mortgage assistance for families with | 48164 |
incomes at or below 200 per cent of the federal poverty guideline. | 48165 |
TANF funds shall not be used to match federal funds. | 48166 |
The Department of Development shall comply with all TANF | 48167 |
requirements, including reporting requirements and timelines, as | 48168 |
specified in state and federal laws, federal regulations, state | 48169 |
rules, and the Title IV-A state plan, and is responsible for | 48170 |
payment of any adverse audit finding, final disallowance of | 48171 |
federal financial participation, or other sanction or penalty | 48172 |
issued by the federal government or other entity concerning these | 48173 |
funds. | 48174 |
No more than five per cent of transferred funds may be used | 48175 |
by the department for administrative expenses of these programs. | 48176 |
Transfer of funds between these programs shall first obtain | 48177 |
approval of the Controlling Board. | 48178 |
As used in this section, "federal poverty guideline" means | 48179 |
the poverty guideline as defined by the United States Office of | 48180 |
Management and Budget and revised by the United States Secretary | 48181 |
of Health and Human Services in accordance with section 673 of the | 48182 |
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 | 48183 |
U.S.C.A. 9902, as amended. | 48184 |
UTILITY BILL CREDIT | 48185 |
The foregoing appropriation item 195-505, Utility Bill | 48186 |
Credits, shall be used to provide utility and fuel assistance to | 48187 |
eligible low-income Ohio households with elderly and disabled | 48188 |
members. | 48189 |
Section 41.11. TRAVEL AND TOURISM GRANTS | 48190 |
The foregoing appropriation item 195-507, Travel and Tourism | 48191 |
Grants, shall be used to provide grants to local organizations to | 48192 |
support various local travel and tourism events in Ohio. | 48193 |
Of the foregoing appropriation item 195-507, Travel and | 48194 |
Tourism Grants, up to $200,000 in each fiscal year of the biennium | 48195 |
may be used to support the outdoor dramas Trumpet in the Land, | 48196 |
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama; | 48197 |
$50,000 in each fiscal year shall be used for the Greater | 48198 |
Cleveland Film Commission; $50,000 in each fiscal year shall be | 48199 |
used for the Cincinnati Film Commission; $50,000 in each fiscal | 48200 |
year shall be used for the American Classical Music Hall of Fame; | 48201 |
$100,000 in each fiscal year shall be used for the Ottawa County | 48202 |
Visitors Bureau, the Sandusky/Erie County Visitors and Convention | 48203 |
Bureau, and the Lorain County Visitors Bureau for collaborative | 48204 |
efforts to promote tourism; $50,000 in each fiscal year shall be | 48205 |
used for the Ohio River Trails; and $500,000 in each fiscal year | 48206 |
shall be used for grants to the International Center for the | 48207 |
Preservation of Wild Animals. | 48208 |
ISSUE 1 IMPLEMENTATION | 48209 |
The foregoing appropriation item 195-510, Issue 1 | 48210 |
Implementation, shall be used to begin the implementation of | 48211 |
Article VIII, Section 2o of the Ohio Constitution. | 48212 |
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 48213 |
The foregoing appropriation item 195-906, Coal Research and | 48214 |
Development General Obligation Debt Service shall be used to pay | 48215 |
all debt service and financing costs at the times they are | 48216 |
required to be made under sections 151.01 and 151.07 of the | 48217 |
Revised Code during the period from July 1, 2001, to June 30, | 48218 |
2003. The Office of the Sinking Fund or the Director of Budget | 48219 |
and Management shall effectuate the required payments by an | 48220 |
intrastate transfer voucher. | 48221 |
Section 41.12. SUPPORTIVE SERVICES | 48222 |
The Director of Development may assess divisions of the | 48223 |
department for the cost of central service operations. Such an | 48224 |
assessment shall be based on a plan submitted to and approved by | 48225 |
the Office of Budget and Management by the first day of August of | 48226 |
each fiscal year, and contain the characteristics of | 48227 |
administrative ease and uniform application. | 48228 |
A division's payments shall be credited to the Supportive | 48229 |
Services Fund (Fund 135) using an intrastate transfer voucher. | 48230 |
GENERAL REIMBURSEMENT | 48231 |
The foregoing appropriation item 195-636, General | 48232 |
Reimbursements, shall be used for conference and subscription fees | 48233 |
and other reimbursable costs. Revenues to the General | 48234 |
Reimbursement Fund (Fund 685) shall consist of fees and other | 48235 |
moneys charged for conferences, subscriptions, and other | 48236 |
administrative costs that are not central service costs. | 48237 |
HEAP WEATHERIZATION | 48238 |
Fifteen per cent of the federal funds received by the state | 48239 |
for the Home Energy Assistance Block Grant shall be deposited in | 48240 |
the Department of Development's Federal Special Revenue Fund (Fund | 48241 |
3K9) and shall be used to provide home weatherization services in | 48242 |
the state. | 48243 |
HOME PROGRAM | 48244 |
On July 1, 2001, or as soon as possible thereafter, the | 48245 |
Director of Development shall certify to the Director of Budget | 48246 |
and Management the cash balance and open encumbrances relating to | 48247 |
the HOME Program located within Fund 308, appropriation item | 48248 |
195-603, Housing and Urban Development. The Director of Budget | 48249 |
and Management shall transfer the certified amount to newly | 48250 |
created Fund 3V1, HOME Program. Any existing encumbrances in | 48251 |
appropriation item 195-603 for the HOME Program shall be canceled | 48252 |
and re-established against appropriation item 195-601, HOME | 48253 |
Program. These re-established amounts are appropriated. | 48254 |
STATE SPECIAL PROJECTS | 48255 |
The foregoing appropriation item 195-639, State Special | 48256 |
Projects, shall be used as a general account for the deposit of | 48257 |
private-sector funds from utility companies and other | 48258 |
miscellaneous state funds. Private-sector moneys shall be used | 48259 |
to (1) pay the expenses of verifying the income-eligibility of | 48260 |
HEAP applicants, (2) market economic development opportunities in | 48261 |
the state, and (3) leverage additional federal funds. State funds | 48262 |
shall be used to match federal housing grants for the homeless. | 48263 |
Section 41.13. MINORITY BUSINESS ENTERPRISE LOAN | 48264 |
All repayments from the Minority Development Financing | 48265 |
Advisory Board loan program and the Ohio Mini-Loan Guarantee | 48266 |
Program shall be deposited in the State Treasury, to the credit of | 48267 |
the Minority Business Enterprise Loan Fund (Fund 4W1). | 48268 |
All operating costs of administering the Minority Business | 48269 |
Enterprise Loan Fund shall be paid from the Minority Business | 48270 |
Enterprise Loan Fund (Fund 4WI). | 48271 |
MINORITY BUSINESS BONDING FUND | 48272 |
Notwithstanding Chapters 122., 169., and 175. of the Revised | 48273 |
Code and other provisions of Am. Sub. H.B. 283 of the 123rd | 48274 |
General Assembly, the Director of Development may, upon the | 48275 |
recommendation of the Minority Development Financing Advisory | 48276 |
Board, pledge up to $10,000,000 in the 2001-2003 biennium of | 48277 |
unclaimed funds administered by the Director of Commerce and | 48278 |
allocated to the Minority Business Bonding Program pursuant to | 48279 |
section 169.05 of the Revised Code. The transfer of any cash by | 48280 |
the Director of Budget and Management from the Department of | 48281 |
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of | 48282 |
Development's Minority Business Bonding Fund (Fund 449) shall | 48283 |
occur, if requested by the Director of Development, only if such | 48284 |
funds are needed for payment of losses arising from the Minority | 48285 |
Business Bonding Program, and only after proceeds of the initial | 48286 |
transfer of $2,700,000 by the Controlling Board to the Minority | 48287 |
Business Bonding Program has been used for that purpose. Moneys | 48288 |
transferred by the Director of Budget and Management from the | 48289 |
Department of Commerce for this purpose may be moneys in custodial | 48290 |
funds held by the Treasurer of State. If expenditures are | 48291 |
required for payment of losses arising from the Minority Business | 48292 |
Bonding Program, such expenditures shall be made from | 48293 |
appropriation item 195-623, Minority Business Bonding Contingency | 48294 |
in the Minority Business Bonding Fund, and such amounts are | 48295 |
appropriated. | 48296 |
MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION | 48297 |
Investment earnings of the Minority Business Bonding Fund | 48298 |
(Fund 449) shall be credited to the Minority Business Bonding | 48299 |
Program Administration Fund (Fund 450). | 48300 |
Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING | 48301 |
The foregoing appropriation item 195-625, Economic | 48302 |
Development Financing Operating, shall be used for the operating | 48303 |
expenses of financial assistance programs authorized under Chapter | 48304 |
166. of the Revised Code and under sections 122.43 and 122.45 of | 48305 |
the Revised Code. | 48306 |
UNIVERSAL SERVICE FUND | 48307 |
The foregoing appropriation item 195-659, Universal Service, | 48308 |
shall be used to provide electric utility assistance benefits to | 48309 |
Percentage of Income Payment Plan (PIPP) electric accounts, to | 48310 |
fund targeted energy efficiency and customer education services to | 48311 |
PIPP customers, and to cover the department's administrative costs | 48312 |
related to the Universal Service Fund Programs. | 48313 |
ENERGY EFFICIENCY REVOLVING LOAN FUND | 48314 |
The foregoing appropriation item 195-660, Energy Efficiency | 48315 |
Revolving Loan, shall be used to provide financial assistance to | 48316 |
customers for eligible energy efficiency projects for residential, | 48317 |
commercial and industrial business, local government, educational | 48318 |
institution, nonprofit, and agriculture customers, and to pay for | 48319 |
the program's administrative costs as provided in the Revised Code | 48320 |
and rules adopted by the Director of Development. | 48321 |
VOLUME CAP ADMINISTRATION | 48322 |
The foregoing appropriation item 195-654, Volume Cap | 48323 |
Administration, shall be used for expenses related to the | 48324 |
administration of the Volume Cap Program. Revenues received by | 48325 |
the Volume Cap Administration Fund (Fund 617) shall consist of | 48326 |
application fees, forfeited deposits, and interest earned from the | 48327 |
custodial account held by the Treasurer of State. | 48328 |
Section 41.15. FACILITIES ESTABLISHMENT FUND | 48329 |
The foregoing appropriation item 195-615, Facilities | 48330 |
Establishment (Fund 037), shall be used for the purposes of the | 48331 |
Facilities Establishment Fund under Chapter 166. of the Revised | 48332 |
Code. | 48333 |
Of the foregoing appropriation item 195-615, Facilities | 48334 |
Establishment (Fund 037), up to $3,000,000 in each fiscal year | 48335 |
shall be used for the implementation of S.B. 10 of the 124th | 48336 |
General Assembly, if the bill becomes law. | 48337 |
Notwithstanding Chapter 166. of the Revised Code, up to | 48338 |
$1,600,000 may be transferred each fiscal year from the Facilities | 48339 |
Establishment Fund (Fund 037) to the Economic Development | 48340 |
Financing Operating Fund (Fund 451). The transfer is subject to | 48341 |
Controlling Board approval pursuant to division (B) of section | 48342 |
166.03 of the Revised Code. | 48343 |
Notwithstanding Chapter 166. of the Revised Code, up to | 48344 |
$3,800,000 may be transferred in each fiscal year of the biennium | 48345 |
from the Facilities Establishment Fund (Fund 037) to the Minority | 48346 |
Business Enterprise Loan Fund (Fund 4W1). The transfer is subject | 48347 |
to Controlling Board approval pursuant to division (B) of section | 48348 |
166.03 of the Revised Code. | 48349 |
Notwithstanding Chapter 166. of the Revised Code, up to | 48350 |
$5,000,000 cash may be transferred during the biennium from the | 48351 |
Facilities Establishment Fund (Fund 037) to the Port Authority | 48352 |
Bond Reserves Fund (Fund 5D1) for use by any port authority in | 48353 |
establishing or supplementing bond reserve funds for any bond | 48354 |
issuance permitted under Chapter 4582. of the Revised Code. The | 48355 |
Director of Development shall develop program guidelines for the | 48356 |
transfer and release of funds, including, but not limited to, a | 48357 |
provision that a port authority shall receive not more than | 48358 |
$2,000,000 total from the fund. The transfer and release of funds | 48359 |
are subject to Controlling Board approval. Of the foregoing | 48360 |
appropriation item 195-649, Port Authority Bond Reserves, | 48361 |
$2,000,000 over the biennium, subject to Controlling Board | 48362 |
approval, shall go to the Dayton Montgomery County Port Authority | 48363 |
to establish or supplement bond reserves for job retention | 48364 |
purposes per the guidelines set forth by the Director of | 48365 |
Development. | 48366 |
Notwithstanding Chapter 166. of the Revised Code, up to | 48367 |
$20,475,000 cash may be transferred during the biennium from the | 48368 |
Facilities Establishment Fund (Fund 037) to the Urban | 48369 |
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing | 48370 |
barriers to urban core redevelopment. The Director of Development | 48371 |
shall develop program guidelines for the transfer and release of | 48372 |
funds, including, but not limited to, the completion of all | 48373 |
appropriate environmental assessments before state assistance is | 48374 |
committed to a project. | 48375 |
Notwithstanding Chapter 166. of the Revised Code, up to | 48376 |
$5,000,000 per fiscal year in cash may be transferred from the | 48377 |
Facilities Establishment Fund (Fund 037) to the Rural Industrial | 48378 |
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling | 48379 |
Board approval pursuant to section 166.03 of the Revised Code. | 48380 |
FAMILY FARM LOAN PROGRAM | 48381 |
Notwithstanding Chapter 166. of the Revised Code, up to | 48382 |
$2,246,375 in each fiscal year shall be transferred from moneys in | 48383 |
the Facilities Establishment Fund (Fund 037) to the Family Farm | 48384 |
Loan Fund (Fund 5H1) in the Department of Development. These | 48385 |
moneys shall be used for loan guarantees. The transfer is subject | 48386 |
to Controlling Board approval. | 48387 |
Financial assistance from the Family Farm Loan Fund (Fund | 48388 |
5H1) shall be repaid to Fund 5H1. This fund is established in | 48389 |
accordance with sections 166.031, 901.80, 901.81, 901.82, and | 48390 |
901.83 of the Revised Code. | 48391 |
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, | 48392 |
all outstanding balances, all loan repayments, and any other | 48393 |
outstanding obligations shall revert to the Facilities | 48394 |
Establishment Fund (Fund 037). | 48395 |
Section 41.16. FUND 5F7 TRANSFER | 48396 |
On July 1, 2001, or as soon as possible thereafter, the | 48397 |
Director of Budget and Management shall transfer all cash in Fund | 48398 |
5F7, Local Government Y2K Loan Program, to the General Revenue | 48399 |
Fund. Upon completion of the transfer, Fund 5F7 is abolished. | 48400 |
Section 42. OBD OHIO BOARD OF DIETETICS | 48401 |
General Services Fund Group | 48402 |
4K9 | 860-609 | Operating Expenses | $ | 300,591 | $ | 317,617 | 48403 | ||||
TOTAL GSF General Services Fund | 48404 | ||||||||||
Group | $ | 300,591 | $ | 317,617 | 48405 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 300,591 | $ | 317,617 | 48406 |
Section 43. CDR COMMISSION ON DISPUTE RESOLUTION AND | 48408 |
48409 |
General Revenue Fund | 48410 |
GRF | 145-401 | Commission on Dispute Resolution/Management | $ | 581,192 | $ | 609,974 | 48411 | ||||
TOTAL GRF General Revenue Fund | $ | 581,192 | $ | 609,974 | 48412 |
General Services Fund Group | 48413 |
4B6 | 145-601 | Gifts and Grants | $ | 160,590 | $ | 164,605 | 48414 | ||||
TOTAL GSF General Services Fund | 48415 | ||||||||||
Group | $ | 160,590 | $ | 164,605 | 48416 |
Federal Special Revenue Fund Group | 48417 |
3S6 | 145-602 | Dispute Resolution: Federal | $ | 32,917 | $ | 0 | 48418 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 32,917 | $ | 0 | 48419 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 774,699 | $ | 774,579 | 48420 |
COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT | 48421 |
The foregoing appropriation item 145-401, Commission on | 48422 |
Dispute Resolution/Management, shall be used in each fiscal year | 48423 |
by the Commission on Dispute Resolution and Conflict Management | 48424 |
for the purpose of providing dispute resolution and conflict | 48425 |
management training, consultation, and materials for state and | 48426 |
local government, communities, school districts, and courts and, | 48427 |
in consultation with the Department of Education, for the purpose | 48428 |
of offering competitive school conflict programs to school | 48429 |
districts. | 48430 |
The Commission shall assist the Department of Education in | 48431 |
the development and dissemination of the school conflict | 48432 |
management programs to school districts. | 48433 |
Section 44. EDU DEPARTMENT OF EDUCATION | 48434 |
General Revenue Fund | 48435 |
GRF | 200-100 | Personal Services | $ | 11,819,828 | $ | 12,113,828 | 48436 | ||||
GRF | 200-320 | Maintenance and Equipment | $ | 5,052,866 | $ | 5,185,051 | 48437 | ||||
GRF | 200-406 | Head Start | $ | 98,843,825 | $ | 98,843,825 | 48438 | ||||
GRF | 200-408 | Public Preschool | $ | 19,506,206 | $ | 19,506,206 | 48439 | ||||
GRF | 200-410 | Professional Development | $ | 23,463,829 | $ | 34,810,579 | 48440 | ||||
GRF | 200-411 | Family and Children First | $ | 10,642,188 | $ | 10,642,188 | 48441 | ||||
GRF | 200-416 | Vocational Education Match | $ | 2,381,738 | $ | 2,381,738 | 48442 | ||||
GRF | 200-420 | Technical Systems Development | $ | 6,000,000 | $ | 6,500,000 | 48443 | ||||
GRF | 200-421 | Alternative Education Programs | $ | 20,000,000 | $ | 20,000,000 | 48444 | ||||
GRF | 200-422 | School Management Assistance | $ | 2,185,675 | $ | 1,971,219 | 48445 | ||||
GRF | 200-424 | Policy Analysis | $ | 642,756 | $ | 674,894 | 48446 | ||||
GRF | 200-425 | Tech Prep Administration | $ | 2,431,012 | $ | 2,431,012 | 48447 | ||||
GRF | 200-426 | Ohio Educational Computer Network | $ | 39,871,927 | $ | 39,871,927 | 48448 | ||||
GRF | 200-427 | Academic Standards | $ | 8,474,999 | $ | 8,862,500 | 48449 | ||||
GRF | 200-431 | School Improvement Initiatives | $ | 15,850,000 | $ | 14,625,000 | 48450 | ||||
GRF | 200-432 | School Conflict Management | $ | 626,496 | $ | 657,821 | 48451 | ||||
GRF | 200-433 | Reading/Writing Improvement | $ | 18,962,948 | $ | 19,276,694 | 48452 | ||||
GRF | 200-437 | Student Assessment | $ | 23,692,045 | $ | 25,942,045 | 48453 | ||||
GRF | 200-438 | Safe Schools | $ | 2,050,000 | $ | 2,050,000 | 48454 | ||||
GRF | 200-441 | American Sign Language | $ | 232,073 | $ | 236,715 | 48455 | ||||
GRF | 200-442 | Child Care Licensing | $ | 1,517,751 | $ | 1,548,107 | 48456 | ||||
GRF | 200-444 | Professional Recruitment | $ | 1,917,000 | $ | 1,705,800 | 48457 | ||||
GRF | 200-445 | OhioReads Admin/Volunteer Support | $ | 5,485,440 | $ | 5,485,440 | 48458 | ||||
GRF | 200-446 | Education Management Information System | $ | 16,479,636 | $ | 17,573,430 | 48459 | ||||
GRF | 200-447 | GED Testing/Adult High School | $ | 2,038,678 | $ | 2,079,451 | 48460 | ||||
GRF | 200-455 | Community Schools | $ | 4,728,935 | $ | 4,824,517 | 48461 | ||||
GRF | 200-500 | School Finance Equity | $ | 23,560,125 | $ | 19,975,864 | 48462 | ||||
GRF | 200-501 | Base Cost Funding | $ | 4,273,654,781 | $ | 4,441,014,505 | 48463 | ||||
GRF | 200-502 | Pupil Transportation | $ | 334,183,786 | $ | 377,305,465 | 48464 | ||||
GRF | 200-503 | Bus Purchase Allowance | $ | 36,735,279 | $ | 36,799,984 | 48465 | ||||
GRF | 200-505 | School Lunch Match | $ | 9,639,000 | $ | 9,831,780 | 48466 | ||||
GRF | 200-509 | Adult Literacy Education | $ | 8,628,000 | $ | 8,628,000 | 48467 | ||||
GRF | 200-511 | Auxiliary Services | $ | 122,782,475 | $ | 127,650,709 | 48468 | ||||
GRF | 200-513 | Student Intervention Services | $ | 31,900,000 | $ | 38,280,000 | 48469 | ||||
GRF | 200-514 | Post-Secondary/Adult Career-Technical Education | $ | 23,240,243 | $ | 23,240,243 | 48470 | ||||
GRF | 200-520 | Disadvantaged Pupil Impact Aid | $ | 360,149,743 | $ | 360,149,743 | 48471 | ||||
GRF | 200-521 | Gifted Pupil Program | $ | 45,930,131 | $ | 47,983,321 | 48472 | ||||
GRF | 200-525 | Parity Aid | $ | 99,813,832 | $ | 210,305,911 | 48473 | ||||
GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 53,533,703 | $ | 55,675,051 | 48474 | ||||
GRF | 200-534 | Desegregation Costs | $ | 500,000 | $ | 500,000 | 48475 | ||||
GRF | 200-540 | Special Education Enhancements | $ | 139,006,701 | $ | 141,950,428 | 48476 | ||||
GRF | 200-545 | Career-Technical Education Enhancements | $ | 21,673,574 | $ | 22,406,349 | 48477 | ||||
GRF | 200-546 | Charge-Off Supplement | $ | 39,191,433 | $ | 28,684,104 | 48478 | ||||
GRF | 200-552 | County MR/DD Boards Vehicle Purchases | $ | 1,666,204 | $ | 1,666,204 | 48479 | ||||
GRF | 200-553 | County MR/DD Boards Transportation Operating | $ | 9,575,910 | $ | 9,575,910 | 48480 | ||||
GRF | 200-558 | Emergency Loan Interest Subsidy | $ | 4,500,000 | $ | 3,300,000 | 48481 | ||||
GRF | 200-566 | OhioReads Grants | $ | 27,148,000 | $ | 27,148,000 | 48482 | ||||
GRF | 200-570 | School Improvement Incentive Grants | $ | 1,587,500 | $ | 1,737,500 | 48483 | ||||
GRF | 200-573 | Character Education | $ | 1,050,000 | $ | 1,050,000 | 48484 | ||||
GRF | 200-574 | Substance Abuse Prevention | $ | 1,948,200 | $ | 1,948,200 | 48485 | ||||
GRF | 200-901 | Property Tax Allocation - Education | $ | 707,700,000 | $ | 743,000,000 | 48486 | ||||
GRF | 200-906 | Tangible Tax Exemption - Education | $ | 73,500,000 | $ | 75,700,000 | 48487 | ||||
TOTAL GRF General Revenue Fund | $ | 6,797,696,471 | $ | 7,175,307,258 | 48488 |
General Services Fund Group | 48489 |
138 | 200-606 | Information Technology | $ | 6,629,469 | $ | 6,761,034 | 48490 | ||||
4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 345,000 | $ | 345,000 | 48491 | ||||
4L2 | 200-681 | Teacher Certification and Licensure | $ | 4,684,143 | $ | 4,856,290 | 48492 | ||||
452 | 200-638 | Miscellaneous Revenue | $ | 1,045,000 | $ | 1,045,000 | 48493 | ||||
5H3 | 200-687 | School District Solvency Assistance | $ | 24,000,000 | $ | 24,000,000 | 48494 | ||||
596 | 200-656 | Ohio Career Information System | $ | 743,217 | $ | 769,230 | 48495 | ||||
TOTAL GSF General Services | 48496 | ||||||||||
Fund Group | $ | 37,446,829 | $ | 37,776,554 | 48497 |
Federal Special Revenue Fund Group | 48498 |
3C5 | 200-661 | Federal Dependent Care Programs | $ | 18,189,907 | $ | 18,233,488 | 48499 | ||||
3D1 | 200-664 | Drug Free Schools | $ | 20,621,375 | $ | 20,660,570 | 48500 | ||||
3D2 | 200-667 | Honors Scholarship Program | $ | 2,454,688 | $ | 2,540,602 | 48501 | ||||
3H9 | 200-605 | Head Start Collaboration Project | $ | 250,000 | $ | 250,000 | 48502 | ||||
3M0 | 200-623 | ESEA Chapter One | $ | 320,505,063 | $ | 330,172,277 | 48503 | ||||
3M1 | 200-678 | ESEA Chapter Two | $ | 13,595,978 | $ | 14,059,555 | 48504 | ||||
3M2 | 200-680 | Ind W/Disab Education Act | $ | 186,000,000 | $ | 206,000,000 | 48505 | ||||
3L6 | 200-617 | Federal School Lunch | $ | 175,274,000 | $ | 180,181,672 | 48506 | ||||
3L7 | 200-618 | Federal School Breakfast | $ | 45,746,000 | $ | 47,026,888 | 48507 | ||||
3L8 | 200-619 | Child and Adult Care Programs | $ | 60,257,639 | $ | 61,966,125 | 48508 | ||||
3L9 | 200-621 | Vocational Education Basic Grant | $ | 43,613,582 | $ | 45,142,330 | 48509 | ||||
3S2 | 200-641 | Tech Literacy Transfer | $ | 15,183,430 | $ | 15,183,430 | 48510 | ||||
3T4 | 200-613 | Public Charter Schools | $ | 4,887,260 | $ | 5,055,185 | 48511 | ||||
3T6 | 200-611 | Class Size Reduction | $ | 63,000,000 | $ | 65,000,000 | 48512 | ||||
3U2 | 200-662 | Teacher Quality Enhancement Grants | $ | 1,300,501 | $ | 1,352,000 | 48513 | ||||
3U3 | 200-665 | Reading Excellence Grant Program | $ | 10,018,756 | $ | 0 | 48514 | ||||
3U6 | 200-675 | Provision 2 & 3 Grant | $ | 191,050 | $ | 0 | 48515 | ||||
309 | 200-601 | Educationally Disadvantaged | $ | 20,759,222 | $ | 21,425,345 | 48516 | ||||
366 | 200-604 | Adult Basic Education | $ | 17,527,286 | $ | 18,140,740 | 48517 | ||||
367 | 200-607 | School Food Services | $ | 10,089,884 | $ | 10,408,199 | 48518 | ||||
368 | 200-614 | Veterans' Training | $ | 648,514 | $ | 671,212 | 48519 | ||||
369 | 200-616 | Vocational Education | $ | 8,000,000 | $ | 8,000,000 | 48520 | ||||
370 | 200-624 | Education of All Handicapped Children | $ | 1,364,246 | $ | 1,410,908 | 48521 | ||||
371 | 200-631 | EEO Title IV | $ | 1,155,361 | $ | 1,213,894 | 48522 | ||||
374 | 200-647 | E.S.E.A. Consolidated | $ | 110,094 | $ | 110,094 | 48523 | ||||
378 | 200-660 | Math/Science Technology Investments | $ | 12,696,055 | $ | 13,036,530 | 48524 | ||||
TOTAL FED Federal Special | 48525 | ||||||||||
Revenue Fund Group | $ | 1,053,439,891 | $ | 1,087,241,044 | 48526 |
State Special Revenue Fund Group | 48527 |
4R7 | 200-695 | Indirect Cost Recovery | $ | 3,942,779 | $ | 4,168,947 | 48528 | ||||
4V7 | 200-633 | Interagency Vocational Support | $ | 695,197 | $ | 731,674 | 48529 | ||||
053 | 200-900 | School District Property Tax Replacement | $ | 102,000,000 | $ | 115,911,593 | 48530 | ||||
454 | 200-610 | Guidance and Testing | $ | 940,636 | $ | 956,761 | 48531 | ||||
455 | 200-608 | Commodity Foods | $ | 10,000,000 | $ | 11,000,000 | 48532 | ||||
598 | 200-659 | Auxiliary Services Mobile Units | $ | 1,328,910 | $ | 1,328,910 | 48533 | ||||
620 | 200-615 | Educational Grants | $ | 1,525,000 | $ | 1,525,000 | 48534 | ||||
TOTAL SSR State Special Revenue | 48535 | ||||||||||
Fund Group | $ | 120,432,522 | $ | 135,622,885 | 48536 |
Lottery Profits Education Fund Group | 48537 |
017 | 200-612 | Base Cost Funding | $ | 604,000,000 | $ | 596,000,000 | 48538 | ||||
017 | 200-682 | Lease Rental Payment Reimbursement | $ | 29,722,100 | $ | 25,722,600 | 48539 | ||||
TOTAL LPE Lottery Profits | 48540 | ||||||||||
Education Fund Group | $ | 633,722,100 | $ | 621,722,600 | 48541 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 8,642,737,813 | $ | 9,057,670,341 | 48542 |
Section 44.01. MAINTENANCE AND EQUIPMENT | 48544 |
Of the foregoing appropriation item 200-320, Maintenance and | 48545 |
Equipment, up to $25,000 may be expended in each year of the | 48546 |
biennium for State Board of Education out-of-state travel. | 48547 |
Section 44.02. HEAD START | 48548 |
No later than July 15, 2001, the Director of Budget and | 48549 |
Management shall transfer $76,156,175 from Fund 3W6, TANF | 48550 |
Education, to the General Revenue Fund. No later than July 15, | 48551 |
2002, the Director of Budget and Management shall transfer | 48552 |
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue | 48553 |
Fund. The transferred funds are appropriated for the appropriation | 48554 |
item 200-406, Head Start. The foregoing appropriation item | 48555 |
200-406, Head Start, includes transferred funds of $76,156,175 in | 48556 |
fiscal year 2002 and $98,843,825 in fiscal year 2003. | 48557 |
Of the foregoing appropriation item 200-406, Head Start, | 48558 |
$100,000 per fiscal year shall be used for the Read Baby Read Book | 48559 |
Club Program. | 48560 |
The remainder of foregoing appropriation item 200-406, Head | 48561 |
Start, shall be distributed by the Department of Education to Head | 48562 |
Start agencies. A "Head Start agency" means an entity that has | 48563 |
been approved to be an agency in accordance with Section 641 (42 | 48564 |
U.S.C. 9836) of the Head Start Act and amendments thereto, or an | 48565 |
entity designated for state Head Start funding under this section. | 48566 |
Participation in state-funded Head Start programs is voluntary. | 48567 |
Moneys distributed under this heading shall not be used to | 48568 |
reduce expenditures from funds received by a Head Start agency | 48569 |
from any other sources. Section 3301.31 of the Revised Code does | 48570 |
not apply to funds distributed under this heading. In lieu of | 48571 |
section 3301.31 of the Revised Code, distribution of moneys under | 48572 |
this heading shall be as follows: | 48573 |
(A) In fiscal years 2002 and 2003, up to two per cent of the | 48574 |
appropriation may be used by the department for administrative | 48575 |
costs of complying with this section; developing program capacity; | 48576 |
and assisting programs with facilities planning, construction, | 48577 |
renovation, or lease agreements in combination with the Community | 48578 |
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year | 48579 |
2002 and up to $1,560,600 in fiscal year 2003 may be used for the | 48580 |
services of literacy specialist and training in early literacy for | 48581 |
Head Start classroom teachers and administrators to support the | 48582 |
OhioReads Initiative. | 48583 |
(B) The department shall provide an annual report to the | 48584 |
Governor, the Speaker of the House of Representatives, the | 48585 |
President of the Senate, the State Board of Education, Head Start | 48586 |
grantees, and other interested parties. The report shall include | 48587 |
the following: | 48588 |
(1) The number and per cent of eligible children by county | 48589 |
and by grantee; | 48590 |
(2) The amount of state funds received for continuation per | 48591 |
grantee; | 48592 |
(3) A summary of program performance on the state critical | 48593 |
performance indicators; | 48594 |
(4) A summary of developmental progress of children | 48595 |
participating in the state-funded Head Start program; | 48596 |
(5) Any other data reflecting the performance of Head Start | 48597 |
that the department considers pertinent. | 48598 |
(C) For purposes of this section, "eligible child" means a | 48599 |
child who is at least three years of age and not of compulsory | 48600 |
school age whose family earns no more than 100 per cent of the | 48601 |
federal poverty level, except as otherwise provided in this | 48602 |
division. | 48603 |
The Department of Education, in consultation with Head Start | 48604 |
grantees or their designated representatives, shall establish | 48605 |
criteria under which individual Head Start grantees may apply to | 48606 |
the department for a waiver to include as "eligible children" | 48607 |
those children from families earning up to 185 per cent of the | 48608 |
federal poverty level when the children otherwise qualify as | 48609 |
"eligible children" under this division. | 48610 |
In order to serve children whose families receive child care | 48611 |
subsidy and whose incomes do not exceed 185 per cent of the | 48612 |
federal poverty guidelines, Head Start grantees may enroll | 48613 |
children whose families receive child care subsidy from the Ohio | 48614 |
Department of Job and Family Services. Head Start grantees | 48615 |
providing full-day, full-year comprehensive services, or otherwise | 48616 |
meeting the child care needs of working families, may partner with | 48617 |
child care centers or family day care homes or may access child | 48618 |
care subsidy directly. This provision is to meet the child care | 48619 |
needs of low-income families who are working, in training or | 48620 |
education programs, or participating in Ohio Works First appproved | 48621 |
activities. | 48622 |
(D) After setting aside amounts to make any payments due | 48623 |
from the prior fiscal year, in fiscal years 2002 and 2003, funds | 48624 |
shall only be distributed to recipients of Head Start funds during | 48625 |
the preceding fiscal year. Awards under this division shall be | 48626 |
based on a per-pupil formula prescribed by the Department of | 48627 |
Education and may be adjusted for one-time start-up costs, actual | 48628 |
months of program operation, or the number of children enrolled | 48629 |
and receiving services, as defined by the Department of Education, | 48630 |
reported during the first full week of December, and may be | 48631 |
increased by a reasonable percentage for inflation to be | 48632 |
determined by the Department of Education and in accordance with | 48633 |
this section. The department may redistribute dollars to programs | 48634 |
demonstrating an unmet need based on updated assessments of family | 48635 |
needs and community resources. In fiscal years 2002 and 2003, the | 48636 |
department may authorize recipients to carry over funds to the | 48637 |
subsequent fiscal year. | 48638 |
The department may reallocate unobligated or unspent money to | 48639 |
participating Head Start agencies for: (1) facilities planning | 48640 |
grants and to leverage construction, renovation, or lease | 48641 |
agreements and for repair of critical deferred maintenance and | 48642 |
safety items in combination with the CDFF; (2) teacher | 48643 |
professional development and enhanced compensation in order to | 48644 |
meet the requirements of section 3301.311 of the Revised Code; (3) | 48645 |
meeting the documentation and reporting requirements and for | 48646 |
technical support in accordance with division (F) of this section; | 48647 |
and (4) expansion, improvement, or special projects to promote | 48648 |
excellence and innovation. | 48649 |
(E) Costs for developing and administering a Head Start | 48650 |
program may not exceed fifteen per cent of the total approved | 48651 |
costs of the program. | 48652 |
All recipients of funds shall maintain such fiscal control | 48653 |
and accounting procedures as may be necessary to ensure the | 48654 |
disbursement of, and accounting for, these funds. The control of | 48655 |
funds provided in this program, and title to property obtained | 48656 |
therefrom, shall be under the authority of the approved recipient | 48657 |
for purposes provided in the program. The approved recipient | 48658 |
shall administer and use such property and funds for the purposes | 48659 |
specified. | 48660 |
Each recipient shall furnish the department an annual audit | 48661 |
that includes the review of state funds received under this | 48662 |
section. | 48663 |
In conjunction with the required audit of federal Head Start | 48664 |
funds, the independent auditor shall examine state Head Start | 48665 |
funds in accordance with the federal regulations and agreed-upon | 48666 |
state procedures formulated by the department. | 48667 |
(F) The department shall prescribe target levels for | 48668 |
critical performance indicators for the purpose of assessing Head | 48669 |
Start programs. On-site reviews and follow-up visits shall be | 48670 |
based on grantee progress in meeting the prescribed target levels. | 48671 |
The Department of Education, in consultation with the | 48672 |
interested parties, including the state Department of Job and | 48673 |
Family Services, shall develop the criteria to be used by Head | 48674 |
Start grantees and delegate agencies with developing partnership | 48675 |
agreements. | 48676 |
The department may audit a Head Start agency's financial and | 48677 |
program records. Head Start agencies that have financial | 48678 |
practices not in accordance with standard accounting principles, | 48679 |
that fail to substantially meet the Head Start performance | 48680 |
standards, or that exhibit below-average performance shall be | 48681 |
subject to an on-site review. | 48682 |
The department shall require corrective plans of action for | 48683 |
programs not achieving target levels or financial and program | 48684 |
standards. Action plans shall include activities to be conducted | 48685 |
by the grantee and timelines for activities to be completed and | 48686 |
timelines for additional data submission to the department | 48687 |
demonstrating targets have been met. The Policy Council | 48688 |
chairperson and the appropriate grantee board official shall sign | 48689 |
the corrective plans of action. | 48690 |
Head Start programs not meeting performance targets in | 48691 |
accordance with the plan of action and prescribed timelines may | 48692 |
have their funding reduced until targets are met, or have all | 48693 |
state funds withdrawn. | 48694 |
The department shall require school districts to collect | 48695 |
"preschool" information by program type. All data shall be | 48696 |
reported via the Education Management Information System (EMIS). | 48697 |
(G) The department shall develop prekindergarten reading and | 48698 |
mathematics content standards and model curricula. These | 48699 |
standards and curricula shall be made available to grantees. Head | 48700 |
Start grantees delegate agencies, and child care partners shall | 48701 |
document child progress, using a common instrument prescribed by | 48702 |
the department, and report results annually. The department shall | 48703 |
determine the dates for documenting and reporting. | 48704 |
(H) In either event, the grantee and delegate shall transfer | 48705 |
control of title to property, equipment, and remaining supplies | 48706 |
obtained through this program to the newly designated grantee and | 48707 |
return any unexpended funds to the department along with any | 48708 |
reports prescribed by the department. | 48709 |
Section 3313.646 of the Revised Code does not apply to funds | 48710 |
distributed under this section. | 48711 |
(I) It is the intent of the General Assembly that | 48712 |
appropriations for appropriation items 200-406, Head Start, and | 48713 |
200-408, Public Preschool, be available for transfer between Head | 48714 |
Start and public preschool programs so that unallocated funds may | 48715 |
be used between the two programs. | 48716 |
(J) The Department of Education shall comply with all TANF | 48717 |
requirements, including reporting requirements and timelines, as | 48718 |
specified in state and federal laws, federal regulations, state | 48719 |
rules, and the Title IV-A state plan, and is responsible for | 48720 |
payment of any adverse audit finding, final disallowance of | 48721 |
federal financial participation, or other sanction or penalty | 48722 |
issued by the federal government or other entity concerning these | 48723 |
funds. | 48724 |
Section 44.03. PUBLIC PRESCHOOL | 48725 |
The Department of Education shall distribute the foregoing | 48726 |
appropriation item 200-408, Public Preschool, to pay the costs of | 48727 |
comprehensive preschool programs. As used in this section, | 48728 |
"school district" means a city, local, exempted village, or joint | 48729 |
vocational school district, or an educational service center. | 48730 |
(A) In fiscal years 2002 and 2003, up to two per cent of the | 48731 |
total appropriation may be used by the department for | 48732 |
administrative costs of complying with this section; developing | 48733 |
program capacity; and assisting programs with facilities planning, | 48734 |
construction, renovation, or lease agreements in conjunction with | 48735 |
the Community Development Finance Fund (CDFF). | 48736 |
(B) The department shall provide an annual report to the | 48737 |
Governor, the Speaker of the House of Representatives, the | 48738 |
President of the Senate, the State Board of Education, Head Start | 48739 |
grantees, and other interested parties. The report shall include: | 48740 |
(1) The number and per cent of eligible children by county | 48741 |
and by school district; | 48742 |
(2) The amount of state funds requested for continuation per | 48743 |
school district; | 48744 |
(3) The amount of state funds received for continuation per | 48745 |
school district; | 48746 |
(4) A summary of program performance on the state critical | 48747 |
performance indicators in the public preschool program; | 48748 |
(5) A summary of developmental progress of children | 48749 |
participating in the state-funded public preschool program; | 48750 |
(6) Any other data reflecting the performance of public | 48751 |
preschool programs that the department considers pertinent. | 48752 |
(C) For purposes of this section, "eligible child" means a | 48753 |
child who is at least three years of age whose family earns no | 48754 |
more than 185 per cent of the federal poverty level. | 48755 |
The Department of Education, in consultation with the | 48756 |
Department of Job and Family Services, interested parties, and | 48757 |
Head Start agencies shall formulate a method for determining an | 48758 |
estimate of the number of eligible children and the percentage | 48759 |
served by grantees in each county. | 48760 |
(D) After setting aside amounts to make any payments due | 48761 |
from the prior fiscal year, in fiscal years 2002 and 2003, funds | 48762 |
shall first be distributed to recipients of funds during the | 48763 |
preceding fiscal year. Awards under this division may be reduced | 48764 |
by the amount received in that fiscal year for one-time start-up | 48765 |
costs and may be adjusted for actual months of program operation | 48766 |
or enrollment as reported during the first full week of December, | 48767 |
and may be increased by a reasonable percentage to be determined | 48768 |
by the Department of Education. The department may redistribute | 48769 |
dollars to programs demonstrating an unmet need based on updated | 48770 |
assessments of family needs and community resources, with special | 48771 |
attention to the projected impact of welfare reform. In fiscal | 48772 |
years 2002 and 2003, the department may authorize recipients to | 48773 |
carry over funds to the subsequent fiscal year. | 48774 |
The department may reallocate unobligated or unspent money to | 48775 |
participating school districts for purposes of program expansion, | 48776 |
improvement, or special projects to promote excellence and | 48777 |
innovation. | 48778 |
(E) Costs for developing and administering a preschool | 48779 |
program may not exceed fifteen per cent of the total approved | 48780 |
costs of the program. | 48781 |
All recipients of funds shall maintain such fiscal control | 48782 |
and accounting procedures as may be necessary to ensure the | 48783 |
disbursement of, and accounting for, these funds. The control of | 48784 |
funds provided in this program, and title to property obtained | 48785 |
therefrom, shall be under the authority of the approved recipient | 48786 |
for purposes provided in the program. The approved recipient | 48787 |
shall administer and use such property and funds for the purposes | 48788 |
specified. | 48789 |
(F) The department shall prescribe target levels for | 48790 |
critical performance indicators for the purpose of assessing | 48791 |
public preschool programs. On-site reviews and follow-up visits | 48792 |
shall be based on progress in meeting the prescribed target | 48793 |
levels. | 48794 |
The department may audit a school district's preschool | 48795 |
financial and program records. School districts that have | 48796 |
financial practices not in accordance with standard accounting | 48797 |
principles, that operate preschool programs that fail to | 48798 |
substantially meet the Head Start performance standards, or that | 48799 |
exhibit below-average performance shall be subject to an on-site | 48800 |
review. | 48801 |
The department shall require corrective plans of action for | 48802 |
programs not achieving target levels or financial and program | 48803 |
standards. Action plans shall include activities to be conducted | 48804 |
by the grantee and timelines for activities to be completed and | 48805 |
timelines for additional data submission to the department | 48806 |
demonstrating that targets have been met. The appropriate school | 48807 |
board official shall sign the corrective plans of action. | 48808 |
Public preschool programs not meeting performance targets in | 48809 |
accordance with the plan of action and prescribed timelines may | 48810 |
have their continuation funding reduced, be disqualified for | 48811 |
expansion consideration until targets are met, or have all state | 48812 |
funds withdrawn and a new program established. | 48813 |
(G) The department shall require public preschool programs | 48814 |
to document child progress, using a common instrument prescribed | 48815 |
by the department, and report results annually. The department | 48816 |
shall determine the dates for documenting and reporting. | 48817 |
The State Board of Education shall adopt rules addressing the | 48818 |
use of screening and assessment data, including, but not limited | 48819 |
to, all of the following: | 48820 |
(1) Protection of the identity of individual children | 48821 |
through assignment of a unique but not personally identifiable | 48822 |
code; | 48823 |
(2) Parents' rights; | 48824 |
(3) Use of the data by school personnel as it relates to | 48825 |
kindergarten entrance. | 48826 |
(H) Each school district shall develop a sliding fee scale | 48827 |
based on family incomes in the district and shall charge families | 48828 |
who earn more than the federal poverty level for preschool. | 48829 |
(I) It is the intent of the General Assembly that | 48830 |
appropriations for appropriation items 200-406, Head Start, and | 48831 |
200-408, Public Preschool, be available for transfer between Head | 48832 |
Start and Public Preschool programs so that unallocated funds may | 48833 |
be used between the two programs. | 48834 |
Section 44.04. PROFESSIONAL DEVELOPMENT | 48835 |
Of the foregoing appropriation item 200-410, Professional | 48836 |
Development, $5,997,829 in each fiscal year shall be used by the | 48837 |
Department of Education to develop a statewide comprehensive | 48838 |
system of twelve professional development centers that support | 48839 |
local educators' ability to foster academic achievement in the | 48840 |
students they serve. The centers shall include training teachers | 48841 |
on site-based management concepts to encourage teachers to become | 48842 |
involved in the management of their schools. | 48843 |
Of the foregoing appropriation item 200-410, Professional | 48844 |
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in | 48845 |
fiscal year 2003 shall be used by the Department of Education to | 48846 |
pay the application fee for teachers from public and chartered | 48847 |
nonpublic schools applying to the National Board for Professional | 48848 |
Teaching Standards for professional teaching certificates or | 48849 |
licenses that the board offers, and to provide grants in each | 48850 |
fiscal year to recognize and reward teachers who become certified | 48851 |
by the board pursuant to section 3319.55 of the Revised Code, and | 48852 |
up to $300,000 in each fiscal year of this set-aside may be used | 48853 |
to pay for costs associated with activities to support candidates | 48854 |
through the application and certification process. | 48855 |
These moneys shall be used to pay for the first 900 | 48856 |
applications in fiscal year 2002 and up to the first 550 | 48857 |
applications in fiscal year 2003 received by the department. Each | 48858 |
prospective applicant for certification or licensure shall submit | 48859 |
an application to the Department of Education. When the | 48860 |
department has collected a group of applications, but not later | 48861 |
than 30 days after receipt of the first application in a group, it | 48862 |
shall send the applications to the National Board for Professional | 48863 |
Teaching Standards along with a check to cover the cost of the | 48864 |
application fee for all applicants in that group. | 48865 |
Of the foregoing appropriation item 200-410, Professional | 48866 |
Development, up to $8,296,000 in fiscal year 2002 and up to | 48867 |
$19,387,750 in fiscal year 2003 shall be allocated for entry year | 48868 |
programs. These funds shall be used to support mentoring services | 48869 |
of beginning teachers, including chartered nonpublic beginning | 48870 |
teachers. In fiscal year 2002, the Department of Education shall | 48871 |
select eligible beginning teachers to participate in a year-long | 48872 |
entry year program that provides mentoring by experienced school | 48873 |
district and university faculty and Praxis III teacher performance | 48874 |
assessment. In fiscal year 2003, the program shall also include | 48875 |
the assessment of all beginning teachers with the Education | 48876 |
Testing Service's Praxis III examination. | 48877 |
Of the foregoing appropriation item 200-410, Professional | 48878 |
Development, up to $650,000 in each fiscal year shall be used to | 48879 |
continue Ohio leadership academies to develop and train | 48880 |
superintendents in new leadership and management practices to | 48881 |
support high performance schools. This training shall be | 48882 |
coordinated with other locally administered leadership programs. | 48883 |
Of the foregoing appropriation item 200-410, Professional | 48884 |
Development, up to $850,000 in each fiscal year shall be used to | 48885 |
support the Ohio Principal's Leadership Academy that will serve | 48886 |
principals and their staff teams. An advisory panel comprised of | 48887 |
national business and education experts shall advise the | 48888 |
Department of Education on content and delivery of curriculum and | 48889 |
instruction. | 48890 |
Of the foregoing appropriation item 200-410, Professional | 48891 |
Development, up to $975,000 in each fiscal year shall be used to | 48892 |
establish an entry year program for principals, including for | 48893 |
chartered nonpublic principals. Grants in fiscal year 2002 shall | 48894 |
be issued to pilot sites that shall develop prototypes of the | 48895 |
program in a variety of contexts. These sites also shall pilot | 48896 |
the School Leaders Licensure Assessment, which was developed by | 48897 |
the Educational Testing Service at a cost of $450 per assessment. | 48898 |
Funds in fiscal year 2003 shall be used to implement an entry year | 48899 |
program for principals. | 48900 |
Of the foregoing appropriation item 200-410, Professional | 48901 |
Development, up to $500,000 in each fiscal year shall be used by | 48902 |
the Rural Appalachian Initiative to create professional | 48903 |
development academies for teachers, principals, and | 48904 |
superintendents in the Appalachian region. No funding shall be | 48905 |
released prior to the Department of Education receiving a | 48906 |
satisfactory report of the activities conducted by these | 48907 |
professional development academies during the previous year. | 48908 |
Of the foregoing appropriation item 200-410, Professional | 48909 |
Development, up to $250,000 in fiscal year 2002 and up to $350,000 | 48910 |
in fiscal year 2003 shall be used to support a Teacher Recognition | 48911 |
Program. Funds awarded shall be used to recognize exemplary | 48912 |
performance and support the professional development of educators | 48913 |
across the educator life-cycle continuum, and may also be used to | 48914 |
support the implementation of an educator-in-residence program. | 48915 |
Of the foregoing appropriation item 200-410, Professional | 48916 |
Development, up to $25,000 in each fiscal year shall be used by | 48917 |
the Ohio Teacher Education and Certification Commission to carry | 48918 |
out the responsibilities of the 21-member Ohio Teacher Education | 48919 |
and Certification Advisory Commission. The advisory commission is | 48920 |
charged by the State Board of Education with considering all | 48921 |
matters related to educator preparation and licensure, including | 48922 |
standards for educator preparation and licensure, approval of | 48923 |
institutions and programs, and recommending consideration of | 48924 |
decisions to the State Board. | 48925 |
Of the foregoing appropriation item 200-410, Professional | 48926 |
Development, up to $75,000 in each fiscal year shall be used to | 48927 |
support the Ohio University Leadership Program. | 48928 |
Section 44.05. FAMILY AND CHILDREN FIRST | 48929 |
(A) Of the foregoing appropriation item 200-411, Family and | 48930 |
Children First, the Department of Education shall transfer up to | 48931 |
$3,677,188 in each fiscal year by intrastate transfer voucher to | 48932 |
the Department of Mental Retardation and Developmental | 48933 |
Disabilities. These funds shall be spent on direct grants to | 48934 |
county family and children first councils created under section | 48935 |
121.37 of the Revised Code. The funds shall be used as partial | 48936 |
support payment and reimbursement for locally coordinated | 48937 |
treatment plans for multineeds children that come to the attention | 48938 |
of the Family and Children First Cabinet Council pursuant to | 48939 |
section 121.37 of the Revised Code. The treatment plans shall | 48940 |
include strategies to address each child's academic achievement. | 48941 |
The Department of Mental Retardation and Developmental | 48942 |
Disabilities shall administer the distribution of the direct | 48943 |
grants to the county councils. The Department of Mental | 48944 |
Retardation and Developmental Disabilities may use up to five per | 48945 |
cent of this amount for administrative expenses associated with | 48946 |
the distribution of funds to the county councils. | 48947 |
(B) Of the foregoing appropriation item 200-411, Family and | 48948 |
Children First, up to $1,775,000 in each fiscal year shall be used | 48949 |
as administrative grants to county family and children first | 48950 |
councils to provide a portion of the salary and fringe benefits | 48951 |
necessary to fund county council coordinators, administrative | 48952 |
support, training, or parental involvement. The total initial | 48953 |
grant under this provision to any county family and children first | 48954 |
council shall not exceed $20,000. In the event that not all | 48955 |
counties in the state have established a county council, at the | 48956 |
beginning of the fourth quarter of a fiscal year, any remaining | 48957 |
funds to be used as administrative grants may be redirected by the | 48958 |
Family and Children First Cabinet Council to other priorities and | 48959 |
activities. Up to $15,000 of the $1,775,000 in each fiscal year | 48960 |
shall be used by the Family and Children First Cabinet Council for | 48961 |
administrative costs, including stipends to family representatives | 48962 |
participating in approved activities of the initiative, | 48963 |
educational and informational forums, and technical assistance to | 48964 |
local family and children first councils. | 48965 |
(C) Of the foregoing appropriation item 200-411, Family and | 48966 |
Children First, up to $5,190,000 in each fiscal year shall be used | 48967 |
to fund school-based or school-linked school readiness resource | 48968 |
centers in school districts where there is a concentration of risk | 48969 |
factors to school readiness and success, including indicators of | 48970 |
poverty, health, and family stability. The purpose of these | 48971 |
centers is to assist in providing services to families of | 48972 |
school-age children who want and need support. | 48973 |
School readiness resource centers shall be located in each of | 48974 |
the state's 21 urban school districts as defined in division (O) | 48975 |
of section 3317.02 of the Revised Code, as that section existed | 48976 |
prior to July 1, 1998. The Ohio Family and Children First Cabinet | 48977 |
Council, in consultation with the Department of Education and | 48978 |
school districts, shall identify individual schools based on | 48979 |
quantitative and qualitative factors that reflect both the need | 48980 |
for school readiness resource centers and the local capacity for | 48981 |
redesigning, as necessary, a delivery system of family support | 48982 |
services. The council and the Department of Education shall | 48983 |
organize and provide technical assistance to the school districts | 48984 |
and communities in planning, developing, and implementing the | 48985 |
centers. The council shall also negotiate a performance agreement | 48986 |
that details required program characteristics, service options, | 48987 |
and expected results. | 48988 |
Each urban school district and community may receive up to | 48989 |
$240,000 to maintain three school readiness resource centers that | 48990 |
are located in or linked to elementary, middle, and high school | 48991 |
sites that are connected by student assignment patterns within the | 48992 |
school districts. Each school district shall work with a | 48993 |
representative of the local family and children first council and | 48994 |
a representative cross-section of families and community leaders | 48995 |
in the district to operate the school readiness resource centers | 48996 |
based upon conditions agreed to in the performance agreement | 48997 |
negotiated with the cabinet council. | 48998 |
Up to $50,000 in each fiscal year may be used by the Ohio | 48999 |
Family and Children First Cabinet Council for an evaluation of the | 49000 |
effectiveness of the school readiness resource centers. Up to | 49001 |
$100,000 in each fiscal year may be used by the cabinet council to | 49002 |
approve technical assistance and oversee the implementation of the | 49003 |
centers. The administration and management of the school | 49004 |
readiness resource centers may be contracted out through a | 49005 |
competitive bidding process established by the cabinet council in | 49006 |
consultation with the Department of Education. | 49007 |
Section 44.06. VOCATIONAL EDUCATION MATCH | 49008 |
The foregoing appropriation item 200-416, Vocational | 49009 |
Education Match, shall be used by the Department of Education to | 49010 |
provide vocational administration matching funds pursuant to 20 | 49011 |
U.S.C. 2311. | 49012 |
TECHNICAL SYSTEMS DEVELOPMENT | 49013 |
The foregoing appropriation item 200-420, Technical Systems | 49014 |
Development, shall be used to support the development and | 49015 |
implementation of information technology solutions designed to | 49016 |
improve the performance and customer service of the Department of | 49017 |
Education. Funds may be used for personnel, maintenance, and | 49018 |
equipment costs related to the development and implementation of | 49019 |
these technical system projects. Implementation of these systems | 49020 |
shall allow the department to provide greater levels of assistance | 49021 |
to school districts and to provide more timely information to the | 49022 |
public, including school districts, administrators, and | 49023 |
legislators. | 49024 |
ALTERNATIVE EDUCATION PROGRAMS | 49025 |
There is hereby created the Alternative Education Advisory | 49026 |
Council, which shall consist of one representative from each of | 49027 |
the following agencies: the Ohio Department of Education; the | 49028 |
Department of Youth Services; the Ohio Department of Alcohol and | 49029 |
Drug Addiction Services; the Department of Mental Health; the | 49030 |
Office of the Governor or, at the Governor's discretion, the | 49031 |
Office of the Lieutenant Governor; and the Office of the Attorney | 49032 |
General. | 49033 |
Of the foregoing appropriation item 200-421, Alternative | 49034 |
Education Programs, not less than $9,253,031 in each fiscal year | 49035 |
shall be used for the renewal of successful implementation grants | 49036 |
and for competitive matching grants to the 21 urban school | 49037 |
districts as defined in division (O) of section 3317.02 of the | 49038 |
Revised Code as it existed prior to July 1, 1998, and not less | 49039 |
than $9,253,031 in each fiscal year shall be used for the renewal | 49040 |
of successful implementation of grants and for competitive | 49041 |
matching grants to rural and suburban school districts for | 49042 |
alternative educational programs for existing and new at-risk and | 49043 |
delinquent youth. Programs shall be focused on youth in one or | 49044 |
more of the following categories: those who have been expelled or | 49045 |
suspended, those who have dropped out of school or who are at risk | 49046 |
of dropping out of school, those who are habitually truant or | 49047 |
disruptive, or those on probation or on parole from a Department | 49048 |
of Youth Services facility. Grants shall be awarded according to | 49049 |
the criteria established by the Alternative Education Advisory | 49050 |
Council in 1999. Grants shall be awarded only to programs where | 49051 |
the grant would not serve as the program's primary source of | 49052 |
funding. These grants shall be administered by the Department of | 49053 |
Education. | 49054 |
The Department of Education may waive compliance with any | 49055 |
minimum education standard established under section 3301.07 of | 49056 |
the Revised Code for any alternative school that receives a grant | 49057 |
under this section on the grounds that the waiver will enable the | 49058 |
program to more effectively educate students enrolled in the | 49059 |
alternative school. | 49060 |
Of the foregoing appropriation item 200-421, Alternative | 49061 |
Education Programs, up to $480,552 in each fiscal year may be used | 49062 |
for program administration, monitoring, technical assistance, | 49063 |
support, research, and evaluation. Any unexpended balance may be | 49064 |
used to provide additional matching grants to urban, suburban, or | 49065 |
rural school districts as outlined above. | 49066 |
Of the foregoing appropriation item 200-421, Alternative | 49067 |
Education Programs, $313,386 in each fiscal year shall be used to | 49068 |
contract with the Center for Learning Excellence at The Ohio State | 49069 |
University to provide technical support for the project and the | 49070 |
completion of formative and summative evaluation of the grants. | 49071 |
Of the foregoing appropriation item 200-421, Alternative | 49072 |
Education Programs, up to $700,000 in each fiscal year shall be | 49073 |
used to support Amer-I-Can. Of this set aside, no funds shall be | 49074 |
disbursed without approval of the Controlling Board. Amer-I-Can | 49075 |
programs shall submit to the Controlling Board a biennial spending | 49076 |
plan that delineates how these funds will be spent. Amer-I-can | 49077 |
programs also shall demonstrate to the Controlling Board that they | 49078 |
have hired an independent evaluator and have selected valid and | 49079 |
reliable instruments to assess pre and post changes in student | 49080 |
behavior. | 49081 |
SCHOOL MANAGEMENT ASSISTANCE | 49082 |
Of the foregoing appropriation item 200-422, School | 49083 |
Management Assistance, $700,000 in fiscal year 2002 and $400,000 | 49084 |
in fiscal year 2003 shall be used by the Auditor of State for | 49085 |
expenses incurred in the Auditor of State's role relating to | 49086 |
fiscal caution activities as defined in Chapter 3316. of the | 49087 |
Revised Code. Expenses include duties related to the completion of | 49088 |
performance audits for school districts that the Superintendent of | 49089 |
Public Instruction determines are employing fiscal practices or | 49090 |
experiencing budgetary conditions that could produce a state of | 49091 |
fiscal watch or fiscal emergency. | 49092 |
The remainder of foregoing appropriation item 200-422, School | 49093 |
Management Assistance, shall be used by the Department of | 49094 |
Education to provide fiscal technical assistance and inservice | 49095 |
education for school district management personnel and to | 49096 |
administer, monitor, and implement the fiscal watch and fiscal | 49097 |
emergency provisions under Chapter 3316. of the Revised Code. | 49098 |
POLICY ANALYSIS | 49099 |
The foregoing appropriation item 200-424, Policy Analysis, | 49100 |
shall be used by the Department of Education to support a system | 49101 |
of administrative, statistical, and legislative education | 49102 |
information to be used for policy analysis. Staff supported by | 49103 |
this appropriation shall administer the development of reports, | 49104 |
analyses, and briefings to inform education policymakers of | 49105 |
current trends in education practice, efficient and effective use | 49106 |
of resources, and evaluation of programs to improve education | 49107 |
results. The database shall be kept current at all times. These | 49108 |
research efforts shall be used to supply information and analysis | 49109 |
of data to the General Assembly and other state policymakers, | 49110 |
including the Office of Budget and Management and the Legislative | 49111 |
Service Commission. | 49112 |
The Department of Education may use funding from this | 49113 |
appropriation item to purchase or contract for the development of | 49114 |
software systems or contract for policy studies that will assist | 49115 |
in the provision and analysis of policy-related information. | 49116 |
Funding from this appropriation item also may be used to monitor | 49117 |
and enhance quality assurance for research-based policy analysis | 49118 |
and program evaluation to enhance the effective use of education | 49119 |
information to inform education policymakers. | 49120 |
TECH PREP ADMINISTRATION | 49121 |
The foregoing appropriation item 200-425, Tech Prep | 49122 |
Administration, shall be used by the Department of Education to | 49123 |
support state-level activities designed to support, promote, and | 49124 |
expand tech prep programs. Use of these funds shall include, but | 49125 |
not be limited to, administration of grants, program evaluation, | 49126 |
professional development, curriculum development, assessment | 49127 |
development, program promotion, communications, and statewide | 49128 |
coordination of tech prep consortia. | 49129 |
OHIO EDUCATIONAL COMPUTER NETWORK | 49130 |
The foregoing appropriation item 200-426, Ohio Educational | 49131 |
Computer Network, shall be used by the Department of Education to | 49132 |
maintain a system of information technology throughout Ohio and to | 49133 |
provide technical assistance for such a system in support of the | 49134 |
State Education Technology Plan pursuant to section 3301.07 of the | 49135 |
Revised Code. | 49136 |
Of the foregoing appropriation item 200-426, Ohio Educational | 49137 |
Computer Network, up to $20,571,198 in fiscal year 2002 and up to | 49138 |
$21,188,334 in fiscal year 2003 shall be used by the Department of | 49139 |
Education to support connection of all public school buildings to | 49140 |
the state's education network, to each other, and to the Internet. | 49141 |
In each fiscal year the Department of Education shall use these | 49142 |
funds to help reimburse data acquisition sites or school districts | 49143 |
for the operational costs associated with this connectivity. The | 49144 |
Department of Education shall develop a formula and guidelines for | 49145 |
the distribution of these funds to the data acquisition sites or | 49146 |
individual school districts. As used in this section, "public | 49147 |
school building" means a school building of any city, local, | 49148 |
exempted village, or joint vocational school district, or any | 49149 |
community school established under Chapter 3314. of the Revised | 49150 |
Code, or any educational service center building used for | 49151 |
instructional purposes. | 49152 |
Of the foregoing appropriation item 200-426, Ohio Educational | 49153 |
Computer Network, up to $2,043,938 in fiscal year 2002 and up to | 49154 |
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog | 49155 |
and InfOhio Network. | 49156 |
The Department of Education shall use up to $4,590,000 in | 49157 |
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to | 49158 |
assist designated data acquisition sites with operational costs | 49159 |
associated with the increased use of the state's education network | 49160 |
by chartered nonpublic schools. The Department of Education shall | 49161 |
develop a formula and guidelines for distribution of these funds | 49162 |
to designated data acquisition sites. | 49163 |
The remainder in each fiscal year of appropriation item | 49164 |
200-426, Ohio Educational Computer Network, shall be used to | 49165 |
support development, maintenance, and operation of a network of | 49166 |
uniform and compatible computer-based information and | 49167 |
instructional systems. The technical assistance shall include, but | 49168 |
not be restricted to, development and maintenance of adequate | 49169 |
computer software systems to support network activities. Program | 49170 |
funds may be used, through a formula and guidelines devised by the | 49171 |
department, to subsidize the activities of not more than 24 | 49172 |
designated data acquisition sites, as defined by State Board of | 49173 |
Education rules, to provide school districts and chartered | 49174 |
nonpublic schools with computer-based student and teacher | 49175 |
instructional and administrative information services, including | 49176 |
approved computerized financial accounting, and to ensure the | 49177 |
effective operation of local automated administrative and | 49178 |
instructional systems. To broaden the scope of the use of | 49179 |
technology for education, the department may use up to $250,000 in | 49180 |
each fiscal year to coordinate the activities of the computer | 49181 |
network with other agencies funded by the department or the state. | 49182 |
In order to improve the efficiency of network activities, the | 49183 |
department and data acquisition sites may jointly purchase | 49184 |
equipment, materials, and services from funds provided under this | 49185 |
appropriation for use by the network and, when considered | 49186 |
practical by the department, may utilize the services of | 49187 |
appropriate state purchasing agencies. | 49188 |
ACADEMIC STANDARDS | 49189 |
The foregoing appropriation item 200-427, Academic Standards, | 49190 |
shall be used by the Department of Education to develop and | 49191 |
disseminate academic content standards. These funds shall be used | 49192 |
to develop academic content standards and curriculum models and to | 49193 |
fund communication of expectations to teachers, school districts, | 49194 |
parents, and communities. | 49195 |
Section 44.07. SCHOOL IMPROVEMENT INITIATIVES | 49196 |
Of the foregoing appropriation item 200-431, School | 49197 |
Improvement Initiatives, up to $3,700,000 in fiscal year 2002 | 49198 |
shall be used to continue previously awarded venture capital | 49199 |
grants of $25,000 to 148 schools and up to $975,000 in fiscal year | 49200 |
2003 shall be used to continue previously awarded venture capital | 49201 |
grants of $25,000 to 39 schools. | 49202 |
Of the foregoing appropriation item 200-431, School | 49203 |
Improvement Initiatives, $4,500,000 in fiscal year 2002 and | 49204 |
$5,000,000 in fiscal year 2003 shall be used for the development | 49205 |
and distribution of school report cards pursuant to section | 49206 |
3302.03 of the Revised Code, for the development of core | 49207 |
competencies for the proficiency tests, and to support the | 49208 |
recommendations of the Governor's Commission for Student Success. | 49209 |
Of the foregoing appropriation item 200-431, School | 49210 |
Improvement Initiatives, $7,500,000 in fiscal year 2002 and | 49211 |
$8,500,000 in fiscal year 2003 shall be used to provide technical | 49212 |
assistance to school districts that are declared to be in a state | 49213 |
of academic watch or academic emergency under section 3302.03 of | 49214 |
the Revised Code to develop their continuous improvement plans as | 49215 |
required in section 3302.04 of the Revised Code. | 49216 |
Of the foregoing appropriation item 200-431, School | 49217 |
Improvement Initiatives, up to $150,000 in each fiscal year shall | 49218 |
be used to support a teacher-in-residence at the Governor's office | 49219 |
and related support staff, travel expenses, and administrative | 49220 |
overhead. | 49221 |
SCHOOL CONFLICT MANAGEMENT | 49222 |
Of the foregoing appropriation item 200-432, School Conflict | 49223 |
Management, amounts shall be used by the Department of Education | 49224 |
for the purpose of providing dispute resolution and conflict | 49225 |
management training, consultation, and materials for school | 49226 |
districts, and for the purpose of providing competitive school | 49227 |
conflict management grants to school districts. | 49228 |
The Department of Education shall assist the Commission on | 49229 |
Dispute Resolution and Conflict Management in the development and | 49230 |
dissemination of the school conflict management program. The | 49231 |
assistance provided by the Department of Education shall include | 49232 |
the assignment of a full-time employee of the department to the | 49233 |
Commission on Dispute Resolution and Conflict Management to | 49234 |
provide technical and administrative support to maximize the | 49235 |
quality of dispute resolution and conflict management programs and | 49236 |
services provided to school districts. | 49237 |
Of the foregoing appropriation item 200-432, School Conflict | 49238 |
Management, up to $5,000 in fiscal year 2002 shall be used to | 49239 |
support the Character Council Initiative. The Initiative works to | 49240 |
instill character and values at all levels in the community. | 49241 |
READING/WRITING IMPROVEMENT | 49242 |
Of the foregoing appropriation item 200-433, Reading/Writing | 49243 |
Improvement, up to $12,396,970 in each fiscal year shall be used | 49244 |
for professional development in literacy for classroom teachers, | 49245 |
administrators, and literacy specialists. | 49246 |
Of the foregoing appropriation item 200-433, Reading/Writing | 49247 |
Improvement, up to $1,780,268 in fiscal year 2002 and up to | 49248 |
$1,815,874 in fiscal year 2003 shall be used by the Department of | 49249 |
Education to fund the Reading Recovery Training Network, to cover | 49250 |
the cost of release time for the teacher trainers, and to provide | 49251 |
grants to districts to implement other reading improvement | 49252 |
programs on a pilot basis. Funds for this appropriation item may | 49253 |
also be used to conduct evaluations of the impact and | 49254 |
effectiveness of Reading Recovery and other reading improvement | 49255 |
programs. | 49256 |
Of the foregoing appropriation item 200-433, Reading/Writing | 49257 |
Improvement, $250,000 in each fiscal year shall be used to | 49258 |
continue the Waterford Early Reading program. | 49259 |
The remainder of appropriation item 200-433, Reading/Writing | 49260 |
Improvement, shall be used by the Department of Education to | 49261 |
develop and support reading and writing improvement programs by | 49262 |
providing a common assessment/profile instrument for elementary | 49263 |
school buildings, literacy specialist support and training | 49264 |
programs, and incentives for teachers to complete professional | 49265 |
development programs. | 49266 |
STUDENT ASSESSMENT | 49267 |
The foregoing appropriation item 200-437, Student Assessment, | 49268 |
shall be used to develop, field test, print, distribute, score, | 49269 |
and report results from the tests required under sections | 49270 |
3301.0710 and 3301.0711 of the Revised Code and for similar | 49271 |
purposes as required by section 3301.27 of the Revised Code. | 49272 |
SAFE SCHOOLS | 49273 |
Of the foregoing appropriation item 200-438, Safe Schools, | 49274 |
$230,000 in each fiscal year shall be used for the development and | 49275 |
operation of a Safe Schools Center. The Department of Education | 49276 |
shall oversee the creation of a center to serve as a coordinating | 49277 |
entity to assist school district personnel, parents, juvenile | 49278 |
justice representatives, and law enforcement in identifying | 49279 |
effective strategies and services for improving school safety and | 49280 |
reducing threats to the security of students and school personnel. | 49281 |
Of the foregoing appropriation item 200-438, Safe Schools, up | 49282 |
to $1,800,000 in each fiscal year shall be used for a safe-school | 49283 |
help line program for students, parents, and the community to | 49284 |
report threats to the safety of students or school personnel. The | 49285 |
Department of Education shall establish criteria to distribute | 49286 |
these funds to school districts whose superintendents indicate the | 49287 |
program would be a meaningful aid to school security. | 49288 |
Of the foregoing appropriation item 200-438, Safe Schools, up | 49289 |
to $20,000 in each fiscal year may be used by schools for the | 49290 |
Eddie Eagle Gun Safety Pilot Program. School districts wishing to | 49291 |
participate in the pilot program shall apply to the Department of | 49292 |
Education under guidelines established by the Superintendent of | 49293 |
Public Instruction. | 49294 |
AMERICAN SIGN LANGUAGE | 49295 |
Of the foregoing appropriation item 200-441, American Sign | 49296 |
Language, up to $153,000 in fiscal year 2002 and up to $156,060 | 49297 |
in fiscal year 2003 shall be used to implement pilot projects for | 49298 |
the integration of American Sign Language deaf language into the | 49299 |
kindergarten through twelfth-grade curriculum. | 49300 |
The remainder of the appropriation shall be used by the | 49301 |
Department of Education to provide supervision and consultation to | 49302 |
school districts in dealing with parents of handicapped children | 49303 |
who are deaf or hard of hearing, in integrating American Sign | 49304 |
Language as a foreign language, and in obtaining interpreters and | 49305 |
improving their skills. | 49306 |
CHILD CARE LICENSING | 49307 |
The foregoing appropriation item 200-442, Child Care | 49308 |
Licensing, shall be used by the Department of Education to license | 49309 |
and to inspect preschool and school-age child care programs in | 49310 |
accordance with sections 3301.52 to 3301.59 of the Revised Code. | 49311 |
PROFESSIONAL RECRUITMENT | 49312 |
Of the foregoing appropriation item 200-444, Professional | 49313 |
Recruitment, $1,300,000 in each fiscal year shall be used by the | 49314 |
Department of Education to establish programs targeted at | 49315 |
recruiting underrepresented populations into the teaching | 49316 |
profession. In each year, the recruitment programs shall include, | 49317 |
but not be limited to, alternative teacher licensure or | 49318 |
certification programs emphasizing the recruitment of highly | 49319 |
qualified minority candidates into teaching, including emphasizing | 49320 |
the recruitment of highly qualified minority candidates into | 49321 |
teaching positions in schools that have a high percentage of | 49322 |
minority students. The recruitment programs also shall target | 49323 |
recruiting qualified candidates available as a result of | 49324 |
downsizing of the military and business sectors. Funding also | 49325 |
shall be targeted to statewide, regional, and local programs that | 49326 |
are competitively selected as promising programs demonstrating the | 49327 |
potential of significantly increasing Ohio's minority teaching | 49328 |
force. | 49329 |
The remainder of appropriation item 200-444 shall be used by | 49330 |
the Department of Education for recruitment programs targeting | 49331 |
special needs areas: recruiting prospective mathematics and | 49332 |
science teachers, recruiting special educators, recruiting | 49333 |
principals, developing a web-based placement bureau, establishing | 49334 |
a pre-collegiate program to target future teachers, and piloting | 49335 |
paraeducators-to-teacher programs. | 49336 |
OHIOREADS ADMIN/VOLUNTEER SUPPORT | 49337 |
The foregoing appropriation item 200-445, OhioReads | 49338 |
Admin/Volunteer Support, may be allocated by the OhioReads Council | 49339 |
for volunteer coordinators in public school buildings, to | 49340 |
educational service centers for costs associated with volunteer | 49341 |
coordination, for background checks for volunteers, to evaluate | 49342 |
the OhioReads Program, and for operating expenses associated with | 49343 |
administering the program. | 49344 |
Section 44.08. EDUCATION MANAGEMENT INFORMATION SYSTEM | 49345 |
The foregoing appropriation item 200-446, Education | 49346 |
Management Information System, shall be used by the Department of | 49347 |
Education to provide school districts with the means to implement | 49348 |
local automated information systems and to implement, develop, and | 49349 |
improve the Education Management Information System (EMIS) for the | 49350 |
common student information management software developed by the | 49351 |
Department of Education. | 49352 |
Of the foregoing appropriation item 200-446, Education | 49353 |
Management Information System, up to $1,000,000 in each fiscal | 49354 |
year may be used by the Department of Education to assist | 49355 |
designated data acquisition sites or school districts with | 49356 |
deployment and implementation of the common student management | 49357 |
record system software, and for hardware, personnel, equipment, | 49358 |
staff development, software, and forms modification, as well as to | 49359 |
support EMIS special report activities in the department. | 49360 |
Of the foregoing appropriation item 200-446, Education | 49361 |
Management Information System, up to $2,213,639 in fiscal year | 49362 |
2002 and up to $1,476,760 in fiscal year 2003 shall be distributed | 49363 |
to designated data acquisition sites for costs relating to | 49364 |
processing, storing, and transferring data for the effective | 49365 |
operation of the EMIS. These costs may include, but are not | 49366 |
limited to, personnel, hardware, software development, | 49367 |
communications connectivity, professional development, and support | 49368 |
services, and to provide services to participate in the State | 49369 |
Education Technology Plan pursuant to section 3301.07 of the | 49370 |
Revised Code. | 49371 |
Of the foregoing appropriation item 200-446, Education | 49372 |
Management Information System, up to $7,763,297 in fiscal year | 49373 |
2002 and up to $8,999,708 in fiscal year 2003 shall be distributed | 49374 |
to school districts, community schools established under Chapter | 49375 |
3314. of the Revised Code, education service centers, and joint | 49376 |
vocational school districts on a per-pupil basis. From this | 49377 |
funding, each school district or community school established | 49378 |
under Chapter 3314. of the Revised Code with enrollment greater | 49379 |
than 100 students and each vocational school district shall | 49380 |
receive a minimum of $5,000 for each year of the biennium. Each | 49381 |
school district or community school established under Chapter | 49382 |
3314. of the Revised Code with enrollment between one and one | 49383 |
hundred and each education service center and each county board of | 49384 |
MR/DD that submits data through EMIS shall receive $3,000 for each | 49385 |
year of the biennium. This money shall be used for costs | 49386 |
associated with the development and operation of local automated | 49387 |
record-based information systems that provide data as required by | 49388 |
the education management information system, and facilitate local | 49389 |
district, school, and classroom management activities. | 49390 |
GED TESTING/ADULT HIGH SCHOOL | 49391 |
The foregoing appropriation item 200-447, GED Testing/Adult | 49392 |
High School, shall be used to provide General Educational | 49393 |
Development (GED) testing at no cost to applicants, pursuant to | 49394 |
rules adopted by the State Board of Education. The Department of | 49395 |
Education shall reimburse school districts and community schools, | 49396 |
created in accordance with Chapter 3314. of the Revised Code, for | 49397 |
a portion of the costs incurred in providing summer instructional | 49398 |
or intervention services to students who have not graduated due to | 49399 |
their inability to pass one or more parts of the state's ninth | 49400 |
grade proficiency test. School districts shall also provide such | 49401 |
services to students who are residents of the district pursuant to | 49402 |
section 3313.64 of the Revised Code, but who are enrolled in | 49403 |
chartered, nonpublic schools. The services shall be provided in | 49404 |
the public school, in nonpublic schools, in public centers, or in | 49405 |
mobile units located on or off the nonpublic school premises. No | 49406 |
school district shall provide summer instructional or intervention | 49407 |
services to nonpublic school students as authorized by this | 49408 |
section unless such services are available to students attending | 49409 |
the public schools within the district. No school district shall | 49410 |
provide services for use in religious courses, devotional | 49411 |
exercises, religious training, or any other religious activity. | 49412 |
Chartered, nonpublic schools shall pay for any unreimbursed costs | 49413 |
incurred by school districts for providing summer costs incurred | 49414 |
by school districts for providing summer instruction or | 49415 |
intervention services to students enrolled in chartered, nonpublic | 49416 |
schools. School districts may provide these services to students | 49417 |
directly or contract with postsecondary or nonprofit | 49418 |
community-based institutions in providing instruction. The | 49419 |
appropriation also shall be used for state reimbursement to | 49420 |
school districts for adult high school continuing education | 49421 |
programs pursuant to section 3313.531 of the Revised Code or for | 49422 |
costs associated with awarding adult high school diplomas under | 49423 |
section 3313.611 of the Revised Code. | 49424 |
COMMUNITY SCHOOLS | 49425 |
Of the foregoing appropriation item 200-455, Community | 49426 |
Schools, up to $100,000 in each fiscal year may be used by the | 49427 |
Lucas County Educational Service Center to pay for additional | 49428 |
services provided to community schools, subject to the reporting | 49429 |
by the service center of actual expenses incurred to the | 49430 |
Department of Education. Up to $1,628,935 in fiscal year 2002 and | 49431 |
up to $1,724,517 in fiscal year 2003 may be used by the Office of | 49432 |
School Options in the Department of Education for additional | 49433 |
services and responsibilities under section 3314.11 of the Revised | 49434 |
Code. | 49435 |
The remaining appropriation may be used by the Department of | 49436 |
Education and the Lucas County Educational Service Center to make | 49437 |
grants of up to $50,000 to each proposing group with a preliminary | 49438 |
agreement obtained under division (C)(2) of section 3314.02 of the | 49439 |
Revised Code in order to defray planning and initial start-up | 49440 |
costs. In the first year of operation of a community school, the | 49441 |
Department of Education and the Lucas County Educational Service | 49442 |
Center may make a grant of no more than $100,000 to the governing | 49443 |
authority of the school to partially defray additional start-up | 49444 |
costs. The amount of the grant shall be based on a thorough | 49445 |
examination of the needs of the community school. The Department | 49446 |
of Education and the Lucas County Educational Service Center shall | 49447 |
not utilize moneys received under this section for any other | 49448 |
purpose other than those specified under this section. The | 49449 |
department shall allocate an amount to the Lucas County | 49450 |
Educational Service Center for grants to schools in the Lucas | 49451 |
County area under this paragraph. | 49452 |
A community school awarded start-up grants from appropriation | 49453 |
item 200-613, Public Charter Schools (Fund 3T4), shall not be | 49454 |
eligible for grants under this section. | 49455 |
Section 44.09. SCHOOL FINANCE EQUITY | 49456 |
The foregoing appropriation item 200-500, School Finance | 49457 |
Equity, shall be distributed to school districts based on the | 49458 |
formula specified in section 3317.0213 of the Revised Code. | 49459 |
Section 44.10. BASE COST FUNDING | 49460 |
The foregoing appropriation item 200-501, Base Cost Funding, | 49461 |
includes $91,488,407 in fiscal year 2003 for the state education | 49462 |
aid offset due to the change in public utility valuation as a | 49463 |
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 49464 |
General Assembly. This amount represents the total state | 49465 |
education aid offset due to the valuation change for school | 49466 |
districts and joint vocational school districts from all relevant | 49467 |
line item sources. If it is determined that the state education | 49468 |
aid offset is more than $91,488,407, the Controlling Board may | 49469 |
increase the appropriation for item 200-501, Base Cost Funding, by | 49470 |
the difference amount if presented with such a request from the | 49471 |
Department of Education. The appropriation increase, if any, is | 49472 |
hereby appropriated. If it is determined that the state education | 49473 |
aid offset is less than $91,488,407, the Director of Budget and | 49474 |
Management shall then reduce the appropriation for item 200-501, | 49475 |
Base Cost Funding, by the difference amount and notify the | 49476 |
Controlling Board of this action. The appropriation decrease | 49477 |
determined by the Director of Budget and Management, if any, is | 49478 |
hereby approved, and appropriations are hereby reduced by the | 49479 |
amount determined. | 49480 |
Of the foregoing appropriation item 200-501, Base Cost | 49481 |
Funding, up to $425,000 shall be expended in each year of the | 49482 |
biennium for court payments pursuant to section 2151.357 of the | 49483 |
Revised Code; an amount shall be available each year of the | 49484 |
biennium for the cost of the reappraisal guarantee pursuant to | 49485 |
section 3317.04 of the Revised Code; an amount shall be available | 49486 |
in each year of the biennium to fund up to 225 full-time | 49487 |
equivalent approved GRADS teacher grants pursuant to division (R) | 49488 |
of section 3317.024 of the Revised Code; an amount shall be | 49489 |
available in each year of the biennium to make payments to school | 49490 |
districts pursuant to division (A)(2) of section 3317.022 of the | 49491 |
Revised Code; an amount shall be available in fiscal year 2003 to | 49492 |
make payments to school districts pursuant to division (F) of | 49493 |
section 3317.022 of the Revised Code; an amount shall be available | 49494 |
in fiscal year 2002 to make payments to school districts pursuant | 49495 |
to division (C) of section 3317.0212 of the Revised Code; and up | 49496 |
to $15,000,000 in each year of the biennium shall be reserved for | 49497 |
payments pursuant to sections 3317.026, 3317.027, and 3317.028 of | 49498 |
the Revised Code except that the Controlling Board may increase | 49499 |
the $15,000,000 amount if presented with such a request from the | 49500 |
Department of Education. Of the foregoing appropriation item | 49501 |
200-501, Base Cost Funding, up to $14,000,000 in fiscal year 2002 | 49502 |
and up to $23,000,000 in fiscal year 2003 shall be used to provide | 49503 |
additional state aid to school districts for special education | 49504 |
students pursuant to division (C)(5) of section 3317.022 of the | 49505 |
Revised Code; up to $2,000,000 in each year of the biennium shall | 49506 |
be reserved for Youth Services tuition payments pursuant to | 49507 |
section 3317.024 of the Revised Code; and up to $52,000,000 in | 49508 |
each fiscal year shall be reserved to fund the state reimbursement | 49509 |
of educational service centers pursuant to section 3317.11 of the | 49510 |
Revised Code. | 49511 |
Of the foregoing appropriation item 200-501, Base Cost | 49512 |
Funding, up to $1,000,000 in each fiscal year shall be used by the | 49513 |
Department of Education for a pilot program to pay for educational | 49514 |
services for youth who have been assigned by a juvenile court or | 49515 |
other authorized agency to any of the facilities described in | 49516 |
division (A) of the section titled "Private Treatment Facility | 49517 |
Pilot Project." | 49518 |
The remaining portion of appropriation item 200-501, Base | 49519 |
Cost Funding, shall be expended for the public schools of city, | 49520 |
local, exempted village, and joint vocational school districts, | 49521 |
including base cost funding, special education weight funding, | 49522 |
special education speech service enhancement funding, | 49523 |
career-technical education weight funding, career-technical | 49524 |
education associated service funding, guarantee funding, and | 49525 |
teacher training and experience funding pursuant to sections | 49526 |
3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised Code. | 49527 |
Appropriation items 200-500, School Finance Equity, 200-501, | 49528 |
Base Cost Funding, 200-502, Pupil Transportation, 200-520, | 49529 |
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program, | 49530 |
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other | 49531 |
than specific set-asides, are collectively used to pay state | 49532 |
formula aid obligations for school districts and joint vocational | 49533 |
school districts pursuant to Chapter 3317. of the Revised Code. | 49534 |
The first priority of these appropriation items, with the | 49535 |
exception of specific set-asides, is to fund state formula aid | 49536 |
obligations under Chapter 3317. of the Revised Code. It may be | 49537 |
necessary to reallocate funds among these appropriation items in | 49538 |
order to meet state formula aid obligations. If it is determined | 49539 |
that it is necessary to transfer funds among these appropriation | 49540 |
items to meet state formula aid obligations, the Department of | 49541 |
Education shall seek approval from the Controlling Board to | 49542 |
transfer funds among these appropriation items. | 49543 |
Section 44.11. SUPPLEMENTAL PAYMENT | 49544 |
Upon the recommendation of the Superintendent of Public | 49545 |
Instruction, and subject to the approval of the Controlling Board, | 49546 |
the Department of Education shall pay a school district in fiscal | 49547 |
year 2002 an amount not greater than the difference between the | 49548 |
following: | 49549 |
(A) The cost of increasing teachers' salaries above the | 49550 |
district's salary schedule to comply with division (C) of section | 49551 |
3317.13 of the Revised Code as amended by this act, multiplied by | 49552 |
one hundred fourteen per cent; | 49553 |
(B) The district's increases in state funds for fiscal year | 49554 |
2002. | 49555 |
The increases in state funds for fiscal year 2002 shall be | 49556 |
calculated by determining additional state funds received for | 49557 |
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029, | 49558 |
3317.0212, and 3317.053 and division (P) of section 3317.024 of | 49559 |
the Revised Code and uncodified sections of this act, above the | 49560 |
amount of state funds the district received for fiscal year 2001 | 49561 |
under sections 3317.022, 3317.023, 3317.029, 3317.0212, and | 49562 |
3317.162 and division (P) of section 3317.024 of the Revised Code | 49563 |
and uncodified sections of Am. Sub. H.B. 282 of the 123rd General | 49564 |
Assembly. | 49565 |
The Department shall determine application procedures and a | 49566 |
schedule for applications and payments under this section, which | 49567 |
shall be subject to the approval of the Controlling Board. The | 49568 |
Department may pay one-half of an estimated amount of a district's | 49569 |
payment under this section during the first half of fiscal year | 49570 |
2002, and the remainder of the actual calculated amount during the | 49571 |
second half of the fiscal year. Subject to the approval of the | 49572 |
Controlling Board, the amount of any overpayments under this | 49573 |
section shall be deducted from payments made to the school | 49574 |
district under Chapter 3317. of the Revised Code for the remainder | 49575 |
of the fiscal year. | 49576 |
Section 44.12. PUPIL TRANSPORTATION | 49577 |
Of the foregoing appropriation item 200-502, Pupil | 49578 |
Transportation, up to $800,000 in fiscal year 2002 and up to | 49579 |
$822,400 in fiscal year 2003 may be used by the Department of | 49580 |
Education for training prospective and experienced school bus | 49581 |
drivers in accordance with training programs prescribed by the | 49582 |
department; an amount shall be available in each year of the | 49583 |
biennium to be used for special education transportation | 49584 |
reimbursements. The reimbursement rate in each year shall be | 49585 |
based on the rate defined in division (D) of section 3317.022 of | 49586 |
the Revised Code. The remainder of appropriation item 200-502, | 49587 |
Pupil Transportation, shall be used for the state reimbursement of | 49588 |
public school districts' costs in transporting pupils to and from | 49589 |
the school they attend in accordance with the district's policy, | 49590 |
State Board of Education standards, and the Revised Code. | 49591 |
BUS PURCHASE ALLOWANCE | 49592 |
The foregoing appropriation item 200-503, Bus Purchase | 49593 |
Allowance, shall be distributed to school districts and | 49594 |
educational service centers pursuant to rules adopted under | 49595 |
section 3317.07 of the Revised Code. Up to 25 per cent of the | 49596 |
amount appropriated may be used to reimburse school districts and | 49597 |
educational service centers for the purchase of buses to transport | 49598 |
handicapped and nonpublic school students. | 49599 |
SCHOOL LUNCH | 49600 |
The foregoing appropriation item 200-505, School Lunch Match, | 49601 |
shall be used to provide matching funds to obtain federal funds | 49602 |
for the school lunch program. | 49603 |
Section 44.13. ADULT LITERACY EDUCATION | 49604 |
The foregoing appropriation item 200-509, Adult Literacy | 49605 |
Education, shall be used to support adult basic and literacy | 49606 |
education instructional programs and the State Literacy Resource | 49607 |
Center Program. | 49608 |
Of the foregoing appropriation item 200-509, Adult Literacy | 49609 |
Education, up to $543,150 in fiscal year 2002 and up to $554,013 | 49610 |
in fiscal year 2003 shall be used for the support and operation of | 49611 |
the State Literacy Resource Center. | 49612 |
The remainder shall be used to continue to satisfy the state | 49613 |
match and maintenance of effort requirements for the support and | 49614 |
operation of the Department of Education-administered | 49615 |
instructional grant program for adult basic and literacy education | 49616 |
in accordance with the department's state plan for adult basic and | 49617 |
literacy education as approved by the State Board of Education and | 49618 |
the Secretary of the United States Department of Education. | 49619 |
AUXILIARY SERVICES | 49620 |
The foregoing appropriation item 200-511, Auxiliary Services, | 49621 |
shall be used by the State Board of Education for the purpose of | 49622 |
implementing section 3317.06 of the Revised Code. Of the | 49623 |
appropriation, up to $1,250,000 in fiscal year 2002 and up to | 49624 |
$1,500,000 in fiscal year 2003 may be used for payment of the | 49625 |
Post-Secondary Enrollment Options Program for nonpublic students | 49626 |
pursuant to section 3365.10 of the Revised Code. | 49627 |
STUDENT INTERVENTION SERVICES | 49628 |
The foregoing appropriation item 200-513, Student | 49629 |
Intervention Services, shall be used to assist districts providing | 49630 |
the intervention services specified in section 3313.608 of the | 49631 |
Revised Code. The Department of Education shall establish | 49632 |
guidelines for the use and distribution of these moneys. School | 49633 |
districts receiving funds from this appropriation shall report to | 49634 |
the Department of Education on how funds were used. | 49635 |
No later than July 15, 2002, the Director of Budget and | 49636 |
Management shall transfer $35,000,000 from Fund 3W6, TANF | 49637 |
Education, to the General Revenue Fund. The transferred funds are | 49638 |
appropriated for the appropriation item 200-513, Student | 49639 |
Intervention Services. The foregoing appropriation item 200-513, | 49640 |
Student Intervention Services, includes transferred funds of | 49641 |
$35,000,000 in fiscal year 2003. | 49642 |
The Department of Education shall comply with all TANF | 49643 |
requirements, including reporting requirements and timelines, as | 49644 |
specified in state and federal laws, federal regulations, state | 49645 |
rules, and the Title IV-A state plan, and is responsible for | 49646 |
payment of any adverse audit finding, final disallowance of | 49647 |
federal financial participation, or other sanction or penalty | 49648 |
issued by the federal government or other entity concerning these | 49649 |
funds. | 49650 |
POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION | 49651 |
The foregoing appropriation item 200-514, | 49652 |
Post-Secondary/Adult Career-Technical Education, shall be used by | 49653 |
the State Board of Education to provide post-secondary/adult | 49654 |
career-technical education under sections 3313.52 and 3313.53 of | 49655 |
the Revised Code. | 49656 |
Of the foregoing appropriation item 200-514, | 49657 |
Post-Secondary/Adult Career-Technical Education, up to $500,000 in | 49658 |
each fiscal year shall be allocated for the Ohio Career | 49659 |
Information System (OCIS) and used for the dissemination of career | 49660 |
information data to public schools, libraries, rehabilitation | 49661 |
centers, two- and four-year colleges and universities, and other | 49662 |
governmental units. | 49663 |
Of the foregoing appropriation item 200-514, | 49664 |
Post-Secondary/Adult Career-Technical Education, up to $40,000 in | 49665 |
each fiscal year shall be used for the statewide coordination of | 49666 |
the activities of the Ohio Young Farmers. | 49667 |
DISADVANTAGED PUPIL IMPACT AID | 49668 |
The foregoing appropriation item 200-520, Disadvantaged Pupil | 49669 |
Impact Aid, shall be distributed to school districts according to | 49670 |
section 3317.029 of the Revised Code. However, no money shall be | 49671 |
distributed for all-day kindergarten to any school district whose | 49672 |
three-year average formula ADM exceeds 17,500 but whose DPIA index | 49673 |
is not at least equal to 1.00 in each fiscal year, unless the | 49674 |
Department of Education certifies that sufficient funds exist in | 49675 |
this appropriation to make all other payments required by section | 49676 |
3317.029 of the Revised Code. | 49677 |
The Department of Education shall pay all-day, everyday | 49678 |
kindergarten funding to all school districts in fiscal year 2002 | 49679 |
and fiscal year 2003 that qualified for and provided the service | 49680 |
in a preceding fiscal year pursuant to section 3317.029 of the | 49681 |
Revised Code, regardless of changes to such districts' DPIA | 49682 |
indexes in fiscal year 2002 and fiscal year 2003. | 49683 |
The Department of Education shall pay to community schools an | 49684 |
amount for all-day kindergarten if the school district in which | 49685 |
the student is entitled to attend school is eligible but does not | 49686 |
receive a payment for all-day kindergarten, pursuant to division | 49687 |
(B) of section 3314.13 of the Revised Code, and the student is | 49688 |
reported by the community school as enrolled in all-day | 49689 |
kindergarten at the community school. | 49690 |
Of the foregoing appropriation item 200-520, Disadvantaged | 49691 |
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to | 49692 |
$3,300,000 in fiscal year 2003 shall be used for school breakfast | 49693 |
programs. Of these amounts, up to $500,000 shall be used each | 49694 |
year by the Department of Education to provide start-up grants to | 49695 |
rural school districts and to school districts with less than | 49696 |
1,500 ADM that start school breakfast programs. The remainder of | 49697 |
the appropriation shall be used to: (1) partially reimburse | 49698 |
school buildings within school districts that are required to have | 49699 |
a school breakfast program pursuant to section 3313.813 of the | 49700 |
Revised Code, at a rate decided by the department, for each | 49701 |
breakfast served to any pupil enrolled in the district; (2) | 49702 |
partially reimburse districts participating in the National School | 49703 |
Lunch Program that have at least 20 per cent of students who are | 49704 |
eligible for free and reduced meals according to federal | 49705 |
standards, at a rate decided by the department; and (3) to | 49706 |
partially reimburse districts participating in the National School | 49707 |
Lunch Program for breakfast served to children eligible for free | 49708 |
and reduced meals enrolled in the district, at a rate decided by | 49709 |
the department. | 49710 |
Of the portion of the funds distributed to the Cleveland City | 49711 |
School District under section 3317.029 of the Revised Code | 49712 |
calculated under division (F)(2) of that section, up to | 49713 |
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal | 49714 |
year 2003 shall be used to operate the pilot school choice program | 49715 |
in the Cleveland City School District pursuant to sections | 49716 |
3313.974 to 3313.979 of the Revised Code. | 49717 |
Of the foregoing appropriation item 200-520, Disadvantaged | 49718 |
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to | 49719 |
support dropout recovery programs administered by the Department | 49720 |
of Education, Jobs for Ohio's Graduates Program. | 49721 |
Section 44.14. GIFTED PUPIL PROGRAM | 49722 |
The foregoing appropriation item 200-521, Gifted Pupil | 49723 |
Program, shall be used for gifted education units not to exceed | 49724 |
1,150 in fiscal year 2002 and 1,170 in fiscal year 2003 pursuant | 49725 |
to division (P) of section 3317.024 and division (F) of section | 49726 |
3317.05 of the Revised Code. | 49727 |
Of the foregoing appropriation item 200-521, Gifted Pupil | 49728 |
Program, the Department of Education may expend up to $1,000,000 | 49729 |
each year for the Summer Honors Institute for gifted freshman and | 49730 |
sophomore high school students. Up to $600,000 in each fiscal | 49731 |
year shall be used for research and demonstration projects. The | 49732 |
Department of Education shall research and evaluate the | 49733 |
effectiveness of gifted education programs in Ohio. Up to $70,000 | 49734 |
in each year shall be used for the Ohio Summer School for the | 49735 |
Gifted (Martin Essex Program). | 49736 |
Section 44.15. PARITY AID | 49737 |
The foregoing appropriation item 200-525, Parity Aid, shall | 49738 |
be distributed to school districts based on the formulas specified | 49739 |
in section 3317.0217 of the Revised Code. | 49740 |
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 49741 |
The foregoing appropriation item 200-532, Nonpublic | 49742 |
Administrative Cost Reimbursement, shall be used by the State | 49743 |
Board of Education for the purpose of implementing section | 49744 |
3317.063 of the Revised Code. | 49745 |
DESEGREGATION COSTS | 49746 |
The foregoing appropriation item 200-534, Desegregation | 49747 |
Costs, shall be used to pay the legal fees associated with | 49748 |
desegregation cases brought against the state. | 49749 |
As part of managing state desegregation costs, any board of | 49750 |
education of a school district subject to a federal court | 49751 |
desegregation order that requires the district board to bus | 49752 |
students for the purpose of racial balance shall, within one year | 49753 |
after the effective date of this section: | 49754 |
(1) Update its plan required under Am. Sub. H.B. 298 of the | 49755 |
119th General Assembly designed to satisfy the court so as to | 49756 |
obtain release from the court's desegregation order; and | 49757 |
(2) Submit an updated copy of the plan to the State Board of | 49758 |
Education. | 49759 |
Upon request of the district board, the State Board shall provide | 49760 |
technical assistance to the school district board in developing a | 49761 |
plan. | 49762 |
Within ninety days after the date on which the plan is | 49763 |
submitted to the State Board of Education, the district board, or | 49764 |
the district board and the State Board of Education jointly if | 49765 |
both are parties to the desegregation case, shall submit the plan | 49766 |
to the court and apply for release from the court's desegregation | 49767 |
order. | 49768 |
Section 44.16. SPECIAL EDUCATION ENHANCEMENTS | 49769 |
Of the foregoing appropriation item 200-540, Special | 49770 |
Education Enhancements, up to $45,295,000 in fiscal year 2002 and | 49771 |
up to $47,809,750 in fiscal year 2003 shall be used to fund | 49772 |
special education and related services at county boards of mental | 49773 |
retardation and developmental disabilities for eligible students | 49774 |
under section 3317.20 of the Revised Code. Up to $2,500,000 shall | 49775 |
be used in each fiscal year to fund up to 57 special education | 49776 |
classroom and related services units at institutions. | 49777 |
Of the foregoing appropriation item 200-540, Special | 49778 |
Education Enhancements, up to $3,293,959 in fiscal year 2002 and | 49779 |
up to $3,425,717 in fiscal year 2003 shall be used for home | 49780 |
instruction for handicapped children; up to $1,500,000 in each | 49781 |
fiscal year shall be used for parent mentoring programs; and up to | 49782 |
$2,744,966 in fiscal year 2002 and up to $2,854,764 in fiscal year | 49783 |
2003 may be used for school psychology interns. | 49784 |
Of the foregoing appropriation item 200-540, Special | 49785 |
Education Enhancements, $3,852,160 in fiscal year 2002 and up to | 49786 |
$4,006,246 in fiscal year 2003 shall be used by the Department of | 49787 |
Education to assist school districts in funding aides pursuant to | 49788 |
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative | 49789 |
Code. | 49790 |
Of the foregoing appropriation item 200-540, Special | 49791 |
Education Enhancements, $78,623,506 in each fiscal year shall be | 49792 |
distributed by the Department of Education to county boards of | 49793 |
mental retardation and developmental disabilities, educational | 49794 |
service centers, and school districts for preschool special | 49795 |
education units and preschool supervisory units in accordance with | 49796 |
section 3317.161 of the Revised Code. The department may | 49797 |
reimburse county boards of mental retardation and developmental | 49798 |
disabilities, educational service centers, and school districts | 49799 |
for related services as defined in rule 3301-31-05 of the | 49800 |
Administrative Code, for preschool occupational and physical | 49801 |
therapy services provided by a physical therapy assistant and | 49802 |
certified occupational therapy assistant, and for an instructional | 49803 |
assistant. To the greatest extent possible, the Department of | 49804 |
Education shall allocate these units to school districts and | 49805 |
educational service centers. The Controlling Board may approve | 49806 |
the transfer of unallocated funds from appropriation item 200-501, | 49807 |
Base Cost Funding, to appropriation item 200-540, Special | 49808 |
Education Enhancements, to fully fund existing units as necessary | 49809 |
or to fully fund additional units. The Controlling Board may | 49810 |
approve the transfer of unallocated funds from appropriation item | 49811 |
200-540, Special Education Enhancements, to appropriation item | 49812 |
200-501, Base Cost Funding, to fully fund the special education | 49813 |
weight cost funding. | 49814 |
The Department of Education shall require school districts, | 49815 |
educational service centers, and county MR/DD boards serving | 49816 |
preschool children with disabilities to document child progress | 49817 |
using a common instrument prescribed by the department and report | 49818 |
results annually. The reporting dates and methodology shall be | 49819 |
determined by the department. | 49820 |
The department shall adopt rules addressing the use of | 49821 |
screening and assessment data including, but not limited to: | 49822 |
(1) Protection of the identity of individual children | 49823 |
through assignment of a unique, but not personally identifiable, | 49824 |
code; | 49825 |
(2) Parents' rights; and | 49826 |
(3) Use of the child data by school personnel as it relates | 49827 |
to kindergarten entrance. | 49828 |
Of the foregoing appropriation item 200-540, Special | 49829 |
Education Enhancements, up to $808,081 in fiscal year 2002 and up | 49830 |
to $832,323 in fiscal year 2003 shall be allocated to provide | 49831 |
grants to research-based reading mentoring programs for students | 49832 |
with disabilities in kindergarten through fourth grade. Priority | 49833 |
shall be given to mentoring programs that have been recognized by | 49834 |
the Education Commission of the States as promising educational | 49835 |
practices for accelerating student achievement, are easily | 49836 |
replicated, have strong evaluative components, and have goals | 49837 |
aligned to the Ohio Proficiency Test. Programs may be implemented | 49838 |
at times deemed most appropriate. Certified staff shall | 49839 |
administer these programs and testing of participants shall be | 49840 |
required prior to, during, and after participation in these | 49841 |
programs. The results of the tests shall be reported to the | 49842 |
Governor, Superintendent of Public Instruction, and General | 49843 |
Assembly. | 49844 |
Of the foregoing appropriation item 200-540, Special | 49845 |
Education Enhancements, up to $86,000 in each fiscal year shall be | 49846 |
used to conduct a collaborative pilot program to provide | 49847 |
educational services and develop best educational practices for | 49848 |
autistic children. The pilot program shall include, but not be | 49849 |
limited to, the involvement of the Wood County Board of Mental | 49850 |
Retardation and Developmental Disabilities, Wood County | 49851 |
Educational Services Center, Children's Resource Center of Wood | 49852 |
County, and the Family and Children First Council of Wood County. | 49853 |
Of the foregoing appropriation item 200-540, Special | 49854 |
Education Enhancements, up to $303,030 in fiscal year 2002 and up | 49855 |
to $312,121 in fiscal year 2003 shall be expended to conduct a | 49856 |
demonstration project involving language and literacy intervention | 49857 |
teams supporting student acquisition of language and literacy | 49858 |
skills. The demonstration project shall demonstrate improvement | 49859 |
of language and literacy skills of at-risk learners under the | 49860 |
instruction of certified speech language pathologists and | 49861 |
educators. Priority in awarding grants funding in this program | 49862 |
shall be given to existing targeted programs originally funded | 49863 |
under Am. Sub. H.B. 282 of the 123rd General Assembly and that are | 49864 |
currently being applied in school districts. Grants awarded under | 49865 |
this program shall be made in conjunction with the Ohio Coalition | 49866 |
for Education of Children with Disabilities. Baseline data shall | 49867 |
be collected and comparison data for fiscal year 2002 and fiscal | 49868 |
year 2003 shall be collected and reported to the Governor, | 49869 |
OhioReads Council, Department of Education, and the General | 49870 |
Assembly. | 49871 |
Section 44.17. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 49872 |
Of the foregoing appropriation item 200-545, Career-Technical | 49873 |
Education Enhancements, up to $2,616,001 in each fiscal year shall | 49874 |
be used to fund career-technical education units at institutions. | 49875 |
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in | 49876 |
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates | 49877 |
(JOG) program. | 49878 |
Of the foregoing appropriation item 200-545, Career-Technical | 49879 |
Education Enhancements, up to $4,207,573 in fiscal year 2002 and | 49880 |
up to $4,457,573 in fiscal year 2003 shall be used by the | 49881 |
Department of Education to fund competitive grants to tech prep | 49882 |
consortia that expand the number of students enrolled in tech prep | 49883 |
programs. These grant funds shall be used to directly support | 49884 |
expanded tech prep programs provided to students enrolled in | 49885 |
school districts, including joint vocational school districts, and | 49886 |
affiliated higher education institutions. | 49887 |
If federal funds for career-technical education cannot be | 49888 |
used for local school district leadership without being matched by | 49889 |
state funds, then an amount as determined by the Superintendent of | 49890 |
Public Instruction shall be made available from state funds | 49891 |
appropriated for career-technical education. If any state funds | 49892 |
are used for this purpose, federal funds in an equal amount shall | 49893 |
be distributed for career-technical education in accordance with | 49894 |
authorization of the state plan for vocational education for Ohio | 49895 |
as approved by the Secretary of the United States Department of | 49896 |
Education. | 49897 |
Of the foregoing appropriation item 200-545, Career-Technical | 49898 |
Education Enhancements, $3,000,000 in fiscal year 2002 and | 49899 |
$3,250,000 in fiscal year 2003 shall be used to provide an amount | 49900 |
to each eligible school district for the replacement or updating | 49901 |
of equipment essential for the instruction of students in job | 49902 |
skills taught as part of a career-technical program or programs | 49903 |
approved for such instruction by the State Board of Education. | 49904 |
School districts replacing or updating career-technical education | 49905 |
equipment may purchase or lease such equipment. The Department of | 49906 |
Education shall review and approve all equipment requests and may | 49907 |
allot appropriated funds to eligible school districts on the basis | 49908 |
of the number of full-time equivalent workforce development | 49909 |
teachers in all eligible districts making application for funds. | 49910 |
The State Board of Education may adopt standards of need for | 49911 |
equipment allocation. Pursuant to the adoption of any such | 49912 |
standards of need by the State Board of Education, appropriated | 49913 |
funds may be allotted to eligible districts according to such | 49914 |
standards. Equipment funds allotted under either process shall be | 49915 |
provided to a school district on a 30, 40, or 50 per cent of cost | 49916 |
on the basis of a district career-technical priority index rating | 49917 |
developed by the Department of Education for all districts each | 49918 |
year. The career-technical priority index shall give preference | 49919 |
to districts with a large percentage of disadvantaged students and | 49920 |
shall include other socio-economic factors as determined by the | 49921 |
State Board of Education. | 49922 |
Of the foregoing appropriation item 200-545, Career-Technical | 49923 |
Education Enhancements, up to $3,650,000 in each fiscal year shall | 49924 |
be used to support existing High Schools That Work (HSTW) sites, | 49925 |
develop new sites, fund technical assistance, and support regional | 49926 |
centers and middle school programs. The purpose of HSTW is to | 49927 |
combine challenging academic courses and modern vocational and | 49928 |
technical studies to raise the academic achievement of students. | 49929 |
It provides intensive technical assistance, focused staff | 49930 |
development, targeted assessment services, and ongoing | 49931 |
communications and networking opportunities. | 49932 |
Of the foregoing appropriation item 200-545, Career-Technical | 49933 |
Education Enhancements, $3,750,000 in fiscal year 2002 and | 49934 |
$4,000,000 in fiscal year 2003 shall be used to enable students to | 49935 |
develop individualized career plans and career passports. | 49936 |
Of the foregoing appropriation item 200-545, Career-Technical | 49937 |
Educational Enhancements, $250,000 in each fiscal year shall be | 49938 |
used by the Department of Education to establish the Voc-Ag 5th | 49939 |
Quarter Pilot Project. The project shall enable students in | 49940 |
agricultural programs to enroll in a fifth quarter of instruction. | 49941 |
The fifth quarter concept is based on the long-standing and | 49942 |
successful agricultural education model of delivering work-based | 49943 |
learning through supervised agricultural experience. The | 49944 |
Department of Education shall establish rules governing | 49945 |
eligibility criteria and the reporting process for the project | 49946 |
that must include the following: (1) a school is required to hire | 49947 |
a certified teacher for the fifth quarter, (2) a school must have | 49948 |
a curriculum for the fifth quarter that is approved by the | 49949 |
Department of Education, (3) students must earn credit for the | 49950 |
agricultural experience, (4) the program must be approved by the | 49951 |
school district?s superintendent, and (5) the program must be in | 49952 |
existence on the effective date of this section. The Department | 49953 |
of Education shall fund as many programs as possible given the | 49954 |
$250,000 set aside. The Department of Education shall report | 49955 |
students? performance results under the project to the General | 49956 |
Assembly not later than December 31, 2002. | 49957 |
Section 44.18. CHARGE-OFF SUPPLEMENT | 49958 |
The foregoing appropriation item 200-546, Charge-Off | 49959 |
Supplement, shall be used by the Department of Education to make | 49960 |
payments pursuant to section 3317.0216 of the Revised Code. | 49961 |
COUNTY MR/DD BOARDS - VEHICLE PURCHASES | 49962 |
The foregoing appropriation item 200-552, County MR/DD Boards | 49963 |
Vehicle Purchases, shall be used to provide financial assistance | 49964 |
to MR/DD boards for the purchase of vehicles as permitted in | 49965 |
section 3317.07 of the Revised Code. | 49966 |
COUNTY MR/DD BOARDS - TRANSPORTATION | 49967 |
The foregoing appropriation item 200-553, County MR/DD Boards | 49968 |
Transportation Operating, shall be used to provide financial | 49969 |
assistance for transportation operating costs as provided in | 49970 |
division (M) of section 3317.024 of the Revised Code. | 49971 |
EMERGENCY LOAN INTEREST SUBSIDY | 49972 |
The foregoing appropriation item 200-558, Emergency Loan | 49973 |
Interest Subsidy, shall be used to provide a subsidy to school | 49974 |
districts receiving emergency school loans pursuant to section | 49975 |
3313.484 of the Revised Code. The subsidy shall be used to pay | 49976 |
these districts the difference between the amount of interest the | 49977 |
district is paying on an emergency loan, and the interest that the | 49978 |
district would have paid if the interest rate on the loan had been | 49979 |
two per cent. | 49980 |
Section 44.19. OHIOREADS GRANTS | 49981 |
Of the foregoing appropriation item 200-566, OhioReads | 49982 |
Grants, $21,898,000 each year shall be disbursed by the OhioReads | 49983 |
Office in the Department of Education at the direction of the | 49984 |
OhioReads Council to provide classroom grants to public schools in | 49985 |
city, local, and exempted village school districts; community | 49986 |
schools; and educational service centers serving kindergarten | 49987 |
through fourth grade students, except that the Department of | 49988 |
Education may use these funds to support the STARS program | 49989 |
previously operated by the Department of Aging. | 49990 |
Of the foregoing appropriation item 200-566, OhioReads | 49991 |
Grants, $5,000,000 each year shall be disbursed by the OhioReads | 49992 |
Office in the Department of Education at the direction of the | 49993 |
OhioReads Council to provide community matching grants to | 49994 |
community organizations and associations, libraries, and others | 49995 |
for tutoring, tutor recruitment and training, and parental | 49996 |
involvement. | 49997 |
Of the foregoing appropriation item 200-566, OhioReads | 49998 |
Grants, $250,000 in each fiscal year shall be allocated to provide | 49999 |
grants to research-based reading mentoring programs for students | 50000 |
with disabilities in kindergarten through fourth grade. Priority | 50001 |
shall be given to mentoring programs that have been recognized by | 50002 |
the Education Commission of the States as promising educational | 50003 |
practices for accelerating student achievement, are easily | 50004 |
replicated, have strong evaluative components, and have goals | 50005 |
aligned to the Ohio proficiency tests. Programs may be | 50006 |
implemented at times deemed most appropriate but at least one | 50007 |
program shall be created for and applied in an urban school | 50008 |
district. The awarding of these grants shall be made in | 50009 |
conjunction with the Ohio Coalition for Education of Children with | 50010 |
Disabilities. Certified staff shall administer these programs and | 50011 |
testing of participants shall be required prior to, during, and | 50012 |
after participation in these programs. The results of the tests | 50013 |
shall be reported to the Governor, Superintendent of Public | 50014 |
Instruction, the General Assembly, and the OhioReads Council. | 50015 |
Grants awarded by the OhioReads Council are intended to | 50016 |
improve reading outcomes, especially on the fourth grade reading | 50017 |
proficiency test. | 50018 |
SCHOOL IMPROVEMENT INCENTIVE GRANTS | 50019 |
Of the foregoing appropriation item 200-570, School | 50020 |
Improvement Incentive Grants, up to $750,000 shall be used to | 50021 |
provide grants of up to $50,000 each to educational best practices | 50022 |
award winners selected for superior performance by BEST, Building | 50023 |
Excellent Schools for Today and the 21st Century. | 50024 |
Any grants awarded from the foregoing appropriation item | 50025 |
200-570, School Improvement Incentive Grants, shall be awarded to | 50026 |
individual school buildings, educational service centers, or joint | 50027 |
vocational school districts, as appropriate. Grant awards shall | 50028 |
be expended for staff development, classroom equipment, materials, | 50029 |
and books. The principal or administrator of each grantee shall | 50030 |
decide how best to use the grant award, with input from staff | 50031 |
members, consistent with the budget and grant award for the grant. | 50032 |
Of the foregoing appropriation item 200-570, School | 50033 |
Improvement Incentive Grants, $100,000 in each fiscal year shall | 50034 |
be used to support the Bellefaire Jewish Children's Bureau. | 50035 |
Of the foregoing appropriation item 200-570, School | 50036 |
Improvement Incentive Grants, $50,000 in each fiscal year shall be | 50037 |
used to support the Cleveland School of Art. | 50038 |
Of the foregoing appropriation item 200-570, School | 50039 |
Improvement Incentive Grants, $50,000 in each fiscal year shall be | 50040 |
used to support the Tuscarawas County Educational Service Center. | 50041 |
Of the foregoing appropriation item 200-570, School | 50042 |
Improvement Incentive Grants, $50,000 in each fiscal year shall be | 50043 |
used to support LEAF. | 50044 |
Of the foregoing appropriation item 200-570, School | 50045 |
Improvement Incentive Grants, $50,000 in each fiscal year shall be | 50046 |
used to support the Toledo Tech Academy. | 50047 |
Of the foregoing appropriation item 200-570, School | 50048 |
Improvement Incentive Grants, $150,000 in fiscal year 2002 and | 50049 |
$300,000 in fiscal year 2003 shall be used to support the COSI | 50050 |
Education Project. | 50051 |
Of the foregoing appropriation item 200-570, School | 50052 |
Improvement Incentive Grants, $25,000 in each fiscal year shall be | 50053 |
used to support the Magellan Program. | 50054 |
Of the foregoing appropriation item 200-570, School | 50055 |
Improvement Incentive Grants, $25,000 in each fiscal year shall be | 50056 |
used to support I Know I Can Columbus. | 50057 |
Of the foregoing appropriation item 200-570, School | 50058 |
Improvement Incentive Grants, $25,000 in each fiscal year shall be | 50059 |
used to support the Clerity Program. | 50060 |
Of the foregoing appropriation item 200-570, School | 50061 |
Improvement Incentive Grants, $12,500 in each fiscal year shall be | 50062 |
used to support the Strongsville Youth Council. | 50063 |
Of the foregoing appropriation item 200-570, School | 50064 |
Improvement Incentive Grants, $50,000 in each fiscal year shall be | 50065 |
used to support the Lorain County Access Program. | 50066 |
Of the foregoing appropriation item 200-570, School | 50067 |
Improvement Incentive Grants, $100,000 in each fiscal year shall | 50068 |
be used to support the Summit County Education Initiative. | 50069 |
Of the foregoing appropriation item 200-570, School | 50070 |
Improvement Incentive Grants, $90,000 in each fiscal year shall be | 50071 |
used to support the Cleveland Language Project. | 50072 |
Of the foregoing appropriation item 200-570, School | 50073 |
Improvement Incentive Grants, $20,000 in each fiscal year shall be | 50074 |
used to support the Columbus Language Project. | 50075 |
Of the foregoing appropriation item 200-570, School | 50076 |
Improvement Incentive Grants, $20,000 in each fiscal year shall be | 50077 |
used to support the Cincinnati Language Project. | 50078 |
Of the foregoing appropriation item 200-570, School | 50079 |
Improvement Incentive Grants, $20,000 in each fiscal year shall be | 50080 |
used to support the Dayton Language Project. | 50081 |
CHARACTER EDUCATION | 50082 |
The foregoing appropriation item 200-573, Character | 50083 |
Education, shall be used by the Department of Education to provide | 50084 |
matching grants of up to $50,000 each to school districts to | 50085 |
develop pilot character education programs. | 50086 |
SUBSTANCE ABUSE PREVENTION | 50087 |
Of the foregoing appropriation item 200-574, Substance Abuse | 50088 |
Prevention, up to $1,660,200 in each fiscal year shall be used for | 50089 |
the Safe and Drug Free Schools Coordinators Program. Of the | 50090 |
foregoing appropriation item 200-574, Substance Abuse Prevention, | 50091 |
up to $288,000 in each fiscal year of the biennium shall be used | 50092 |
for the Substance Abuse Prevention Student Assistance Program. The | 50093 |
Department of Education and the Department of Alcohol and Drug | 50094 |
Addiction Services shall jointly develop and approve a plan for | 50095 |
the expenditure of these funds including, but not limited to, the | 50096 |
development of position descriptions and training specifications | 50097 |
for safe and drug free schools coordinators. Safe and drug free | 50098 |
schools coordinators shall possess or be in the process of | 50099 |
obtaining credentials issued by the Ohio Credentialing Board for | 50100 |
Chemical Dependency Professionals or other credentials recognized | 50101 |
by that board. | 50102 |
AUXILIARY SERVICES MOBILE REPAIR | 50103 |
Notwithstanding section 3317.064 of the Revised Code, if the | 50104 |
unobligated cash balance is sufficient, the Treasurer of State | 50105 |
shall transfer $1,500,000 in fiscal year 2002 within thirty days | 50106 |
after the effective date of this section and $1,500,000 in fiscal | 50107 |
year 2003 by August 1, 2002, from the Auxiliary Services Personnel | 50108 |
Unemployment Compensation Fund to the Department of Education's | 50109 |
Auxiliary Services Mobile Repair Fund (Fund 598). | 50110 |
Section 44.20. LOTTERY PROFITS EDUCATION FUND | 50111 |
Appropriation item 200-612, Base Cost Funding (Fund 017), | 50112 |
shall be used in conjunction with appropriation item 200-501, Base | 50113 |
Cost Funding (GRF), to provide payments to school districts | 50114 |
pursuant to Chapter 3317. of the Revised Code. | 50115 |
Of the foregoing appropriation item 200-612, Base Cost | 50116 |
Funding (Fund 017), $25,000,000 in each fiscal year shall be used | 50117 |
from the funds transferred from the Unclaimed Prizes Trust Fund | 50118 |
pursuant to the section entitled "Transfers from the Unclaimed | 50119 |
Prizes Fund" of this act. | 50120 |
The Department of Education, with the approval of the | 50121 |
Director of Budget and Management, shall determine the monthly | 50122 |
distribution schedules of appropriation item 200-501, Base Cost | 50123 |
Funding (GRF), and appropriation item 200-612, Base Cost Funding | 50124 |
(Fund 017). If adjustments to the monthly distribution schedule | 50125 |
are necessary, the Department of Education shall make such | 50126 |
adjustments with the approval of the Director of Budget and | 50127 |
Management. | 50128 |
The Director of Budget and Management shall transfer via | 50129 |
intrastate transfer voucher the amount appropriated under the | 50130 |
Lottery Profits Education Fund for appropriation item 200-682, | 50131 |
Lease Rental Payment Reimbursement, to the General Revenue Fund on | 50132 |
a schedule determined by the director. These funds shall support | 50133 |
the appropriation item 230-428, Lease Rental Payments (GRF), of | 50134 |
the School Facilities Commission. | 50135 |
LOTTERY PROFITS TRANSFERS* | 50136 |
On the fifteenth day of May of each fiscal year, the Director | 50137 |
of Budget and Management shall determine if lottery profits | 50138 |
transfers will meet the appropriation amounts from the Lottery | 50139 |
Profits Education Fund. | 50140 |
On or after the date specified in each fiscal year, if the | 50141 |
director determines that lottery profits will not meet | 50142 |
appropriations and if other funds are not available to meet the | 50143 |
shortfall, the Superintendent of Public Instruction shall take the | 50144 |
actions specified under the "Reallocation of Funds" section of | 50145 |
this act. | 50146 |
TRANSFERS FROM THE UNCLAIMED PRIZES FUND | 50147 |
By the fifteenth day of January of fiscal year 2002 and | 50148 |
fiscal year 2003, the Director of Budget and Management shall | 50149 |
transfer $25,000,000 from the State Lottery Commission's Unclaimed | 50150 |
Prizes Fund to the Lottery Profits Education Fund, to be used | 50151 |
solely for purposes specified in the Department of Education's | 50152 |
budget. Transfers of unclaimed prizes under this provision shall | 50153 |
not count as lottery profits in the determination made concerning | 50154 |
excess profits titled "Lottery Profits" under the Department of | 50155 |
Education in this act. | 50156 |
TEACHER CERTIFICATION AND LICENSURE | 50157 |
The foregoing appropriation item 200-681, Teacher | 50158 |
Certification and Licensure, shall be used by the Department of | 50159 |
Education in each year of the biennium to administer teacher | 50160 |
certification and licensure functions pursuant to sections | 50161 |
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 | 50162 |
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and | 50163 |
3319.51 of the Revised Code. | 50164 |
Section 44.21. LOTTERY PROFITS | 50165 |
(A) There is hereby created the Lottery Profits Education | 50166 |
Reserve Fund (Fund 018) in the State Treasury. At no time shall | 50167 |
the amount to the credit of the fund exceed $75,000,000. | 50168 |
Investment earnings of the Lottery Profits Education Reserve Fund | 50169 |
shall be credited to the fund. Notwithstanding any provisions of | 50170 |
law to the contrary, for fiscal years 2002 and 2003, there is | 50171 |
appropriated to the Department of Education, from the Lottery | 50172 |
Profits Education Reserve Fund, an amount necessary to make loans | 50173 |
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 50174 |
Revised Code. All loan repayments from loans made in fiscal years | 50175 |
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be | 50176 |
deposited into the credit of the Lottery Profits Education Reserve | 50177 |
Fund. | 50178 |
(B)(1) On or before July 15, 2001, the Director of Budget | 50179 |
and Management shall determine the amount by which lottery profit | 50180 |
transfers received by the Lottery Profits Education Fund for | 50181 |
fiscal year 2001 exceed $665,200,000. The amount so certified | 50182 |
shall be distributed in fiscal year 2002 pursuant to divisions (C) | 50183 |
and (D) of this section. | 50184 |
(2) On or before July 15, 2002, the Director of Budget and | 50185 |
Management shall determine the amount by which lottery profit | 50186 |
transfers received by the Lottery Profits Education Fund for | 50187 |
fiscal year 2002 exceed $608,722,100. The amount so determined | 50188 |
shall be distributed in fiscal year 2003 pursuant to divisions (E) | 50189 |
and (F) of this section. | 50190 |
The Director of Budget and Management shall annually certify | 50191 |
the amounts determined pursuant to this section to the Speaker of | 50192 |
the House of Representatives and the President of the Senate. | 50193 |
(C) Not later than June 15, 2002, the Department of | 50194 |
Education, in consultation with the Director of Budget and | 50195 |
Management, shall determine, based upon estimates, if a | 50196 |
reallocation of funds as described in the section of this act | 50197 |
titled "Reallocation of Funds" is required. | 50198 |
If a reallocation of funds is required, then the | 50199 |
Superintendent of Public Instruction shall request Controlling | 50200 |
Board approval for a release of any balances in the Lottery | 50201 |
Profits Education Fund available for the purpose of this division | 50202 |
and pursuant to divisions (C)(1) and (2) of the section of this | 50203 |
act titled "Reallocation of Funds." Any moneys so released are | 50204 |
appropriated. | 50205 |
(D) In fiscal year 2002, if the Department of Education does | 50206 |
not determine that a reallocation of funds is necessary by the | 50207 |
fifteenth day of June, as provided in division (C) of this | 50208 |
section, or if there is a balance in the Lottery Profits Education | 50209 |
Fund after the release of any amount needed to preclude a | 50210 |
reallocation of funds as provided in division (C) of this section, | 50211 |
the moneys in the Lottery Profits Education Fund shall be | 50212 |
allocated as provided in this division. Any amounts so allocated | 50213 |
are appropriated. | 50214 |
An amount equal to five per cent of the estimated lottery | 50215 |
profits of $665,200,000 in fiscal year 2001 or the amount | 50216 |
remaining in the fund, whichever is the lesser amount, shall be | 50217 |
transferred to the Lottery Profits Education Reserve Fund within | 50218 |
the limitations specified in division (A) of this section and be | 50219 |
reserved and shall not be available for allocation or distribution | 50220 |
during fiscal year 2002. Any amounts exceeding $75,000,000 shall | 50221 |
be distributed pursuant to division (G) of this section. | 50222 |
(E) Not later than June 15, 2003, the Department of | 50223 |
Education, in consultation with the Director of Budget and | 50224 |
Management, shall determine, based upon estimates, if a | 50225 |
reallocation of funds as described in the section of this act | 50226 |
titled "Reallocation of Funds" is required. | 50227 |
If a reallocation of funds is required, then the | 50228 |
Superintendent of Public Instruction shall request Controlling | 50229 |
Board approval for a release of any balances in the Lottery | 50230 |
Profits Education Fund available for the purpose of this division | 50231 |
and pursuant to divisions (C)(1) and (2) of the section of this | 50232 |
act titled "Reallocation of Funds." Any moneys so released are | 50233 |
appropriated. | 50234 |
(F) In fiscal year 2003, if the Department of Education does | 50235 |
not determine that a reallocation of funds is necessary by the | 50236 |
fifteenth day of June, as provided in division (E) of this | 50237 |
section, or if there is a balance in the Lottery Profits Education | 50238 |
Fund after the release of any amount needed to preclude a | 50239 |
reallocation of funds as provided in division (E) of this section, | 50240 |
the moneys in the Lottery Profits Education Fund shall be | 50241 |
allocated as provided in this division. Any amounts so allocated | 50242 |
are appropriated. | 50243 |
An amount equal to five per cent of the estimated lottery | 50244 |
profits transfers of $608,722,100 in fiscal year 2002 or the | 50245 |
amount remaining in the fund, whichever is the lesser amount, | 50246 |
shall be transferred to the Lottery Profits Education Reserve Fund | 50247 |
within the limitations specified in division (A) of this section | 50248 |
and be reserved and shall not be available for allocation or | 50249 |
distribution during fiscal year 2003. Any amounts exceeding | 50250 |
$75,000,000 shall be distributed pursuant to division (G) of this | 50251 |
section. | 50252 |
(G) In the appropriate fiscal year, any remaining amounts | 50253 |
after the operations required by division (D) or (F) of this | 50254 |
section, respectively, shall be transferred to the Public School | 50255 |
Building Fund (Fund 021) and such amount is appropriated to | 50256 |
appropriation item CAP-622, Public School Buildings, in the School | 50257 |
Facilities Commission. | 50258 |
Section 44.22. PROPERTY TAX ALLOCATION | 50259 |
The Superintendent of Public Instruction shall not request, | 50260 |
and the Controlling Board shall not approve, the transfer of funds | 50261 |
from appropriation item 200-901, Property Tax | 50262 |
Allocation-Education, to any other appropriation item. | 50263 |
SCHOOL DISTRICT SOLVENCY ASSISTANCE | 50264 |
Of the foregoing appropriation item 200-687, School District | 50265 |
Solvency Assistance, $12,000,000 in each fiscal year shall be | 50266 |
allocated to the School District Shared Resource Account and | 50267 |
$12,000,000 in each fiscal year shall be allocated to the | 50268 |
Catastrophic Expenditures Account. These funds shall be used to | 50269 |
provide assistance and grants to school districts to enable them | 50270 |
to remain solvent pursuant to section 3316.20 of the Revised Code. | 50271 |
Assistance and grants shall be subject to approval by the | 50272 |
Controlling Board. Any required reimbursements from school | 50273 |
districts for solvency assistance shall be made to the appropriate | 50274 |
account in the School District Solvency Assistance Fund. | 50275 |
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT | 50276 |
The foregoing appropriation item 200-900, School District | 50277 |
Property Tax Replacement, shall be used by the Department of | 50278 |
Education, in consultation with the Department of Taxation, to | 50279 |
make payments to school districts and joint vocational school | 50280 |
districts pursuant to section 5727.85 of the Revised Code. | 50281 |
Section 44.23. PROPERTY TAX ALLOCATION - EDUCATION | 50282 |
The appropriation item 200-901, Property Tax Allocation - | 50283 |
Education, is appropriated to pay for the state's costs incurred | 50284 |
due to the homestead exemption and the property tax rollback. In | 50285 |
cooperation with the Department of Taxation, the Department of | 50286 |
Education shall distribute these funds directly to the appropriate | 50287 |
school districts of the state, notwithstanding sections 321.24 and | 50288 |
323.156 of the Revised Code, which provide for payment of the | 50289 |
homestead exemption and property tax rollback by the Tax | 50290 |
Commissioner to the appropriate county treasurer and the | 50291 |
subsequent redistribution of these funds to the appropriate local | 50292 |
taxing districts by the county auditor. | 50293 |
Appropriation item 200-906, Tangible Tax Exemption - | 50294 |
Education is appropriated to pay for the state's costs incurred | 50295 |
due to the tangible personal property tax exemption required by | 50296 |
division (C)(3) of section 5709.01 of the Revised Code. In | 50297 |
cooperation with the Department of Taxation, the Department of | 50298 |
Education shall distribute to each county treasurer the total | 50299 |
amount certified by the county treasurer pursuant to section | 50300 |
319.311 of the Revised Code, for all school districts located in | 50301 |
the county, notwithstanding the provision in section 319.311 of | 50302 |
the Revised Code which provides for payment of the $10,000 | 50303 |
tangible personal property tax exemption by the Tax Commissioner | 50304 |
to the appropriate county treasurer for all local taxing districts | 50305 |
located in the county. Pursuant to division (G) of section 321.24 | 50306 |
of the Revised Code, the county auditor shall distribute the | 50307 |
amount paid by the Department of Education among the appropriate | 50308 |
school districts. | 50309 |
Upon receipt of these amounts, each school district shall | 50310 |
distribute the amount among the proper funds as if it had been | 50311 |
paid as real or tangible personal property taxes. Payments for | 50312 |
the costs of administration shall continue to be paid to the | 50313 |
county treasurer and county auditor as provided for in sections | 50314 |
319.54, 321.26, and 323.156 of the Revised Code. | 50315 |
Any sums, in addition to the amounts specifically | 50316 |
appropriated in appropriation items 200-901, Property Tax | 50317 |
Allocation - Education, for the homestead exemption and the | 50318 |
property tax rollback payments, and 200-906, Tangible Tax | 50319 |
Exemption - Education, for the $10,000 tangible personal property | 50320 |
tax exemption payments, which are determined to be necessary for | 50321 |
these purposes, are appropriated. | 50322 |
Section 44.24. DISTRIBUTION FORMULAS* | 50323 |
The Department of Education shall report the following to the | 50324 |
Director of Budget and Management, the Legislative Office of | 50325 |
Education Oversight, and the Legislative Service Commission: | 50326 |
(A) Changes in formulas for distributing state | 50327 |
appropriations, including administratively defined formula | 50328 |
factors; | 50329 |
(B) Discretionary changes in formulas for distributing | 50330 |
federal appropriations; | 50331 |
(C) Federally mandated changes in formulas for distributing | 50332 |
federal appropriations. | 50333 |
Any such changes shall be reported two weeks prior to the | 50334 |
effective date of the change. | 50335 |
Section 44.25. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY | 50336 |
PAYMENTS | 50337 |
This section shall not take effect unless the Director of | 50338 |
Budget and Management adopts an order putting it into effect and | 50339 |
certifies a copy of the order to the Superintendent of Public | 50340 |
Instruction and the Controlling Board. | 50341 |
Notwithstanding any other provision of the Revised Code, the | 50342 |
monthly distribution of payments made to school districts and | 50343 |
educational service centers pursuant to section 3317.01 of the | 50344 |
Revised Code for the first six months of each fiscal year shall | 50345 |
equal, as nearly as possible, six and two-thirds per cent of the | 50346 |
estimate of the amounts payable for each fiscal year. The monthly | 50347 |
distribution of payments for the last six months of each fiscal | 50348 |
year shall equal, as nearly as possible, ten per cent of the final | 50349 |
calculation of the amounts payable to each school district for | 50350 |
that fiscal year. | 50351 |
The treasurer of each school district or educational service | 50352 |
center may accrue, in addition to the payments defined in this | 50353 |
section, to the accounts of the calendar years that end during | 50354 |
each fiscal year, the difference between the sum of the first six | 50355 |
months' payments in each fiscal year and the amounts the district | 50356 |
would have received had the payments been made in, as nearly as | 50357 |
possible in each fiscal year, twelve equal monthly payments. | 50358 |
Notwithstanding the limitations on the amount of borrowing | 50359 |
and time of payment provided for in section 133.10 of the Revised | 50360 |
Code but subject to sections 133.26 and 133.30 of the Revised | 50361 |
Code, a board of education of a school district may at any time | 50362 |
between July 1, 2001, and December 31, 2001, or at any time | 50363 |
between July 1, 2002, and December 31, 2002, borrow money to pay | 50364 |
any necessary and actual expenses of the school district during | 50365 |
the last six months of calendar years 2001 and 2002 and in | 50366 |
anticipation of the receipt of any portion of the payments to be | 50367 |
received by that district in the first six months of calendar | 50368 |
years 2002 and 2003 representing the respective amounts accrued | 50369 |
pursuant to the preceding paragraph, and issue notes to evidence | 50370 |
that borrowing to mature no later than the thirtieth day of June | 50371 |
of the calendar year following the calendar year in which such | 50372 |
amount was borrowed. The principal amount borrowed in the last | 50373 |
six months of calendar years 2001 or 2002 under this paragraph may | 50374 |
not exceed the entire amount accrued or to be accrued by the | 50375 |
district treasurer in those calendar years pursuant to the | 50376 |
preceding paragraph. The proceeds of the notes shall be used only | 50377 |
for the purposes for which the anticipated receipts are lawfully | 50378 |
appropriated by the board of education. No board of education | 50379 |
shall be required to use the authority granted by this paragraph. | 50380 |
The receipts so anticipated, and additional amounts from | 50381 |
distributions to the districts in the first six months of calendar | 50382 |
years 2002 and 2003 pursuant to Chapter 3317. of the Revised Code | 50383 |
needed to pay the interest on the notes, shall be deemed | 50384 |
appropriated by the board of education to the extent necessary for | 50385 |
the payment of the principal of and interest on the notes at | 50386 |
maturity, and the amounts necessary to make those monthly | 50387 |
distributions are appropriated from the General Revenue Fund. For | 50388 |
the purpose of better ensuring the prompt payment of principal of | 50389 |
and interest on the notes when due, the resolution of the board of | 50390 |
education authorizing the notes may direct that the amount of the | 50391 |
receipts anticipated, together with those additional amounts | 50392 |
needed to pay the interest on the borrowed amounts, shall be | 50393 |
deposited and segregated, in trust or otherwise, to the extent, at | 50394 |
the time or times, and in the manner provided in that resolution. | 50395 |
The borrowing authorized by this section does not constitute debt | 50396 |
for purposes of section 133.04 of the Revised Code. School | 50397 |
districts shall be reimbursed by the state for all necessary and | 50398 |
actual costs to districts arising from this provision, including, | 50399 |
without limitation, the interest paid on the notes while the notes | 50400 |
are outstanding. The Department of Education shall adopt rules | 50401 |
that are not inconsistent with this section for school district | 50402 |
eligibility and application for reimbursement of such costs. | 50403 |
Payments of these costs shall be made out of any anticipated | 50404 |
balances in appropriation items distributed under Chapter 3317. of | 50405 |
the Revised Code. The department shall submit all requests for | 50406 |
reimbursement under these provisions to the Controlling Board for | 50407 |
approval. | 50408 |
During the last six months of each calendar year, instead of | 50409 |
deducting the amount the Superintendent of Public Instruction | 50410 |
would otherwise deduct from a school district's or educational | 50411 |
service center's state aid payments in accordance with the | 50412 |
certifications made for such year pursuant to sections 3307.56 and | 50413 |
3309.51 of the Revised Code, the superintendent shall deduct an | 50414 |
amount equal to forty per cent of the amount so certified. The | 50415 |
secretaries of the retirement systems shall compute the | 50416 |
certifications for the ensuing year under such sections as if the | 50417 |
entire amounts certified as due in the calendar year ending the | 50418 |
current fiscal year, but not deducted pursuant to this paragraph, | 50419 |
had been deducted and paid in that calendar year. During the | 50420 |
first six months of the ensuing calendar year, in addition to | 50421 |
deducting the amounts the Superintendent of Public Instruction is | 50422 |
required to deduct under such sections during such period, the | 50423 |
superintendent shall deduct from a district's or educational | 50424 |
service center's state aid payments an additional amount equal to | 50425 |
the amount that was certified as due from the district for the | 50426 |
calendar year that ends during the fiscal year, but that was not | 50427 |
deducted because of this paragraph. The superintendent's | 50428 |
certifications to the Director of Budget and Management during the | 50429 |
first six months of the calendar year shall reflect such | 50430 |
additional deduction. | 50431 |
Section 44.26. REALLOCATION OF FUNDS | 50432 |
(A) As used in this section: | 50433 |
(1) "Basic aid" means the amount calculated for the school | 50434 |
district received for the fiscal year under divisions (A) and (C) | 50435 |
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, | 50436 |
3317.0212, and 3317.0213 of the Revised Code and the amount | 50437 |
computed for a joint vocational school district under section | 50438 |
3317.16 of the Revised Code. | 50439 |
(2) "Nonbasic aid" means the amount computed for a school | 50440 |
district for fiscal year 2002 or fiscal year 2003 under Chapter | 50441 |
3317. of the Revised Code and this act, excluding the district's | 50442 |
basic aid and the amount computed under such chapter and acts for | 50443 |
educational service centers, MR/DD boards, and institutions. | 50444 |
(B) If in either fiscal year of the biennium the Governor | 50445 |
issues an order under section 126.05 of the Revised Code to reduce | 50446 |
expenditures and incurred obligations and the order requires the | 50447 |
superintendent to reduce such state education payments, or if | 50448 |
lottery profits transfers are insufficient to meet the amounts | 50449 |
appropriated from the Lottery Profits Education Fund for base cost | 50450 |
funding, and if other funds are not sufficient to offset the | 50451 |
shortfall, the superintendent shall reduce nonbasic aid payments | 50452 |
so that the total amount expended in the fiscal year will not | 50453 |
exceed the amount available for expenditure pursuant to the | 50454 |
Governor's order. Subject to Controlling Board approval, the | 50455 |
superintendent shall reallocate appropriations not yet expended | 50456 |
from one program to another. | 50457 |
(C)(1) If further reductions in nonbasic aid are necessary | 50458 |
following the reallocations implemented pursuant to division (B) | 50459 |
of this section, the superintendent shall request the Controlling | 50460 |
Board to approve the use of the money appropriated by this | 50461 |
division. The superintendent shall include with the | 50462 |
superintendent's request a report listing the amount of reductions | 50463 |
that each school district will receive if the request is not | 50464 |
approved, and also the amount of the reduction, if any, that will | 50465 |
still be required if the use of the money appropriated by this | 50466 |
section is approved. | 50467 |
(2) In accordance with division (C)(1) of this section, | 50468 |
there is appropriated to the Department of Education from the | 50469 |
unobligated balance remaining in the Lottery Profits Education | 50470 |
Fund at the end of fiscal year 2001 the lesser of: the | 50471 |
unobligated balance in the fund, or the amount needed to preclude | 50472 |
a reallocation pursuant to this section. The money appropriated | 50473 |
by this division may be spent or distributed by the department | 50474 |
only with the approval of the Controlling Board. | 50475 |
(D) If reductions in nonbasic aid are still necessary | 50476 |
following the actions taken pursuant to divisions (B) and (C) of | 50477 |
this section, the superintendent shall determine by what | 50478 |
percentage expenditures for nonbasic aid must be reduced for the | 50479 |
remainder of the fiscal year to make the total amount distributed | 50480 |
for the year equal the amount appropriated or available for | 50481 |
distribution. The superintendent shall reduce by that percentage | 50482 |
the amount to be paid in nonbasic aid to each city, exempted | 50483 |
village, local, and joint vocational school district, to each | 50484 |
educational service center, to each county board of mental | 50485 |
retardation and developmental disabilities, and to each | 50486 |
institution providing special education programs under section | 50487 |
3323.091 of the Revised Code for the remainder of the fiscal year. | 50488 |
Section 44.27. EDUCATIONAL SERVICE CENTERS FUNDING | 50489 |
Notwithstanding division (B) of section 3317.11 of the | 50490 |
Revised Code, no funds shall be provided to an educational service | 50491 |
center in either fiscal year for any pupils of a city or exempted | 50492 |
village school district unless an agreement to provide services | 50493 |
under section 3313.843 of the Revised Code was entered into by | 50494 |
January 1, 1997, except that funds shall be provided to an | 50495 |
educational service center for any pupils of a city school | 50496 |
district if the agreement to provide services was entered into | 50497 |
within one year of the date upon which such district changed from | 50498 |
a local school district to a city school district. If | 50499 |
insufficient funds are appropriated in fiscal year 2002 or fiscal | 50500 |
year 2003 for the purposes of division (B) of section 3317.11 of | 50501 |
the Revised Code, the department shall first distribute to each | 50502 |
educational service center $37 per pupil in its service center | 50503 |
ADM, as defined in that section. The remaining funds in each | 50504 |
fiscal year shall be distributed proportionally, on a per-student | 50505 |
basis, to each educational service center for its client ADM, as | 50506 |
defined in that section, that is attributable to each city and | 50507 |
exempted village school district that had entered into an | 50508 |
agreement with an educational service center for that fiscal year | 50509 |
under section 3313.843 of the Revised Code by January 1, 1997. | 50510 |
Section 44.28. The State Board of Education shall adopt rules | 50511 |
in accordance with section 119.03 of the Revised Code establishing | 50512 |
a method for school districts to report their spending for special | 50513 |
education and related services. Not later than February 1, 2002, | 50514 |
the State Board shall file the rules in proposed form in | 50515 |
accordance with section 119.03 of the Revised Code. The State | 50516 |
Board shall make every effort to file the rules in final form so | 50517 |
that they apply first in fiscal year 2003. | 50518 |
Section 44.29. The Legislative Office of Education Oversight | 50519 |
shall conduct a statistical sampling of individualized education | 50520 |
programs developed for handicapped children under Chapter 3323. of | 50521 |
the Revised Code to determine the following: | 50522 |
(A) The extent to which school districts provide, and | 50523 |
handicapped children utilize, all of the following: | 50524 |
(1) Attendant services; | 50525 |
(2) Vocational special education coordinator services; | 50526 |
(3) Work-study services. | 50527 |
(B) The handicaps that school districts identify as "other | 50528 |
health handicaps" and the services that school districts provide | 50529 |
to children identified as having "other health handicaps"; | 50530 |
(C) How school districts currently serve children identified | 50531 |
as having learning disabilities. | 50532 |
The Office shall report its findings and any recommendations | 50533 |
to the General Assembly no later than January 1, 2003. | 50534 |
Section 44.30. * For the school year commencing July 1, | 50535 |
2001, or the school year commencing July 1, 2002, or both, the | 50536 |
Superintendent of Public Instruction may waive for the board of | 50537 |
education of any school district the ratio of teachers to pupils | 50538 |
in kindergarten through fourth grade required under paragraph | 50539 |
(A)(3) of rule 3301-35-03 of the Administrative Code if the | 50540 |
following conditions apply: | 50541 |
(A) The board of education requests the waiver. | 50542 |
(B) After the Department of Education conducts an on-site | 50543 |
evaluation of the district related to meeting the required ratio, | 50544 |
the board of education demonstrates to the satisfaction of the | 50545 |
Superintendent of Public Instruction that providing the facilities | 50546 |
necessary to meet the required ratio during the district's regular | 50547 |
school hours with pupils in attendance would impose an extreme | 50548 |
hardship on the district. | 50549 |
(C) The board of education provides assurances that are | 50550 |
satisfactory to the Superintendent of Public Instruction that the | 50551 |
board will act in good faith to meet the required ratio as soon as | 50552 |
possible. | 50553 |
Section 44.31. PRIVATE TREATMENT FACILITY PILOT PROJECT | 50554 |
(A) As used in this section: | 50555 |
(1) The following are "participating residential treatment | 50556 |
centers": | 50557 |
(a) Private residential treatment facilities that have | 50558 |
entered into a contract with the Department of Youth Services to | 50559 |
provide services to children placed at the facility by the | 50560 |
department and which, in fiscal year 2002 or 2003 or both, the | 50561 |
department pays through appropriation item 470-401, Care and | 50562 |
Custody; | 50563 |
(b) Abraxas, in Shelby; | 50564 |
(c) Paint Creek, in Bainbridge; | 50565 |
(d) Act One, in Akron; | 50566 |
(e) Friars Club, in Cincinnati. | 50567 |
(2) "Education program" means an elementary or secondary | 50568 |
education program or a special education program and related | 50569 |
services. | 50570 |
(3) "Served child" means any child receiving an education | 50571 |
program pursuant to division (B) of this section. | 50572 |
(4) "School district responsible for tuition" means a city, | 50573 |
exempted village, or local school district that, if tuition | 50574 |
payment for a child by a school district is required under law | 50575 |
that existed in fiscal year 1998, is the school district required | 50576 |
to pay that tuition. | 50577 |
(5) "Residential child" means a child who resides in a | 50578 |
participating residential treatment center and who is receiving an | 50579 |
educational program under division (B) of this section. | 50580 |
(B) A youth who is a resident of the state and has been | 50581 |
assigned by a juvenile court or other authorized agency to a | 50582 |
residential treatment facility specified in division (A) of this | 50583 |
section shall be enrolled in an approved educational program | 50584 |
located in or near the facility. Approval of the educational | 50585 |
program shall be contingent upon compliance with the criteria | 50586 |
established for such programs by the Department of Education. The | 50587 |
educational program shall be provided by a school district or | 50588 |
educational service center, or by the residential facility itself. | 50589 |
Maximum flexibility shall be given to the residential treatment | 50590 |
facility to determine the provider. In the event that a voluntary | 50591 |
agreement cannot be reached and the residential facility does not | 50592 |
choose to provide the educational program, the educational service | 50593 |
center in the county in which the facility is located shall | 50594 |
provide the educational program at the treatment center to | 50595 |
children under twenty-two years of age residing in the treatment | 50596 |
center. | 50597 |
(C) Any school district responsible for tuition for a | 50598 |
residential child shall, notwithstanding any conflicting provision | 50599 |
of the Revised Code regarding tuition payment, pay tuition for the | 50600 |
child for fiscal years 2002 and 2003 to the education program | 50601 |
provider and in the amount specified in this division. If there | 50602 |
is no school district responsible for tuition for a residential | 50603 |
child and if the participating residential treatment center to | 50604 |
which the child is assigned is located in the city, exempted | 50605 |
village, or local school district that, if the child were not a | 50606 |
resident of that treatment center, would be the school district | 50607 |
where the child is entitled to attend school under sections | 50608 |
3313.64 and 3313.65 of the Revised Code, that school district | 50609 |
shall, notwithstanding any conflicting provision of the Revised | 50610 |
Code, pay tuition for the child for fiscal years 2002 and 2003 | 50611 |
under this division unless that school district is providing the | 50612 |
educational program to the child under division (B) of this | 50613 |
section. | 50614 |
A tuition payment under this division shall be made to the | 50615 |
school district, educational service center, or residential | 50616 |
treatment facility providing the educational program to the child. | 50617 |
The amount of tuition paid shall be: | 50618 |
(1) The amount of tuition determined for the district under | 50619 |
division (A) of section 3317.08 of the Revised Code; | 50620 |
(2) In addition, for any student receiving special education | 50621 |
pursuant to an individualized education program as defined in | 50622 |
section 3323.01 of the Revised Code, a payment for excess costs. | 50623 |
This payment shall equal the actual cost to the school district, | 50624 |
educational service center, or residential treatment facility of | 50625 |
providing special education and related services to the student | 50626 |
pursuant to the student's individualized education program, minus | 50627 |
the tuition paid for the child under division (C)(1) of this | 50628 |
section. | 50629 |
A school district paying tuition under this division shall | 50630 |
not include the child for whom tuition is paid in the district's | 50631 |
average daily membership certified under division (A) of section | 50632 |
3317.03 of the Revised Code. | 50633 |
(D) In each of fiscal years 2002 and 2003, the Department of | 50634 |
Education shall reimburse, from appropriations made for the | 50635 |
purpose, a school district, educational service center, or | 50636 |
residential treatment facility, whichever is providing the | 50637 |
service, that has demonstrated that it is in compliance with the | 50638 |
funding criteria for each served child for whom a school district | 50639 |
must pay tuition under division (C) of this section. The amount | 50640 |
of the reimbursement in either fiscal year shall be the formula | 50641 |
amount specified in section 3317.022 of the Revised Code, except | 50642 |
that the department shall proportionately reduce this | 50643 |
reimbursement if sufficient funds are not available to pay this | 50644 |
amount to all qualified providers. | 50645 |
(E) Funds provided to a school district, educational service | 50646 |
center, or residential treatment facility under this section shall | 50647 |
be used to supplement, not supplant, funds from other public | 50648 |
sources for which the school district, service center, or | 50649 |
residential treatment facility is entitled or eligible. | 50650 |
(F) The Department of Education shall track the utilization | 50651 |
of funds provided to school districts, educational service | 50652 |
centers, and residential treatment facilities under this section | 50653 |
and monitor the effect of the funding on the educational programs | 50654 |
they provide in participating residential treatment facilities. | 50655 |
The department shall monitor the programs for educational | 50656 |
accountability. | 50657 |
Section 44.32. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 50658 |
ASSESSMENT OF EDUCATION PROGRESS | 50659 |
The General Assembly intends for the Superintendent of Public | 50660 |
Instruction to provide for school district participation in the | 50661 |
administration of the National Assessment of Education Progress in | 50662 |
fiscal years 2002 and 2003 in accordance with section 3301.27 of | 50663 |
the Revised Code. | 50664 |
Section 44.33. Notwithstanding Chapter 3318. of the Revised | 50665 |
Code, for purposes of complying with the local share and repayment | 50666 |
tax requirements of section 3318.05 of the Revised Code, any | 50667 |
school district given conditional approval for classroom | 50668 |
facilities assistance under section 3318.04 of the Revised Code as | 50669 |
of January 1, 1993, that approved a replacement permanent | 50670 |
improvement levy at the November 5, 1996, election shall be | 50671 |
permitted to use the proceeds of such levy, and any notes issued | 50672 |
or to be issued in anticipation thereof, as available funds, | 50673 |
within the meaning specified under section 3318.03 of the Revised | 50674 |
Code, to pay the local share of the cost of the approved classroom | 50675 |
facilities project. Notwithstanding the local share as previously | 50676 |
determined for purposes of the conditional approval of the | 50677 |
project, the local share shall be equal to the amount of proceeds | 50678 |
to be obtained by the district under such replacement permanent | 50679 |
improvement levy. Such school districts shall not be required to | 50680 |
obtain approval of either of the propositions described in | 50681 |
division (A) or (B) of section 3318.051 of the Revised Code. The | 50682 |
agreement required under section 3318.08 of the Revised Code for | 50683 |
the construction and sale of the project shall include provisions | 50684 |
for the transfer of the proceeds of the replacement permanent | 50685 |
improvement levy, and any notes issued in anticipation thereof, to | 50686 |
the school district's project construction account, and for the | 50687 |
levy of the replacement permanent improvement levy. | 50688 |
Section 44.34. The Superintendent of Public Instruction | 50689 |
shall contract with an independent research entity to evaluate the | 50690 |
pilot project approved pursuant to section 3313.975 of the Revised | 50691 |
Code. The evaluation shall study the impact of scholarships on | 50692 |
student attendance, conduct, commitment to education, and | 50693 |
standardized test scores; parental involvement; the school | 50694 |
district's ability to provide services to district students; and | 50695 |
the availability of alternative educational opportunities. The | 50696 |
evaluation shall also study the economic impact of scholarships on | 50697 |
the school district. | 50698 |
Section 44.35. Notwithstanding division (C)(1) of section | 50699 |
3313.975 of the Revised Code, in addition to students in | 50700 |
kindergarten through third grade, initial scholarships may be | 50701 |
awarded to fourth, fifth, sixth, seventh, and eighth grade | 50702 |
students in fiscal year 2002 and in fiscal year 2003. | 50703 |
Section 44.36. (A) As used in this section, "pilot project | 50704 |
area" means the school districts included in the territory of the | 50705 |
former community school pilot project established by former | 50706 |
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly. | 50707 |
(B) Any teacher or nonteaching employee of a school district | 50708 |
in the pilot project area who, on the effective date of this | 50709 |
section, is taking a leave of absence from the district pursuant | 50710 |
to a policy adopted under former Section 50.52.13 of that act to | 50711 |
work at a community school established under the pilot project and | 50712 |
located in another school district may continue the leave under | 50713 |
the terms of that policy and former section. Upon termination of | 50714 |
the leave, the district shall return the teacher or nonteaching | 50715 |
employee to a position, salary, and level of seniority as required | 50716 |
by that former section. | 50717 |
Section 44.37. As required by Section 50.52.2 of Am. Sub. | 50718 |
H.B. 215 of the 122nd General Assembly, as subsequently amended, | 50719 |
the Legislative Office of Education Oversight shall complete, by | 50720 |
June 1, 2003, its final report on community schools with | 50721 |
recommendations as to the future of community schools in Ohio. | 50722 |
Copies of the report shall be delivered to the President of the | 50723 |
Senate and the Speaker of the House of Representatives. | 50724 |
Section 45. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS | 50725 |
50726 |
General Revenue Fund | 50727 |
GRF | 374-100 | Personal Services | $ | 1,585,648 | $ | 1,705,463 | 50728 | ||||
GRF | 374-200 | Maintenance | $ | 902,477 | $ | 891,968 | 50729 | ||||
GRF | 374-300 | Equipment | $ | 46,760 | $ | 45,313 | 50730 | ||||
GRF | 374-401 | Statehouse News Bureau | $ | 253,175 | $ | 245,344 | 50731 | ||||
GRF | 374-402 | Ohio Government Telecommunications Studio | $ | 806,053 | $ | 910,296 | 50732 | ||||
GRF | 374-404 | Telecommunications Operating Subsidy | $ | 5,239,754 | $ | 5,051,174 | 50733 | ||||
TOTAL GRF General Revenue Fund | $ | 8,833,867 | $ | 8,849,558 | 50734 |
General Services Fund Group | 50735 |
4F3 | 374-603 | Affiliate Services | $ | 2,941,810 | $ | 3,067,586 | 50736 | ||||
4T2 | 374-605 | Government Television/Telecommunications Operating | $ | 150,000 | $ | 150,000 | 50737 | ||||
TOTAL GSF General Services | 50738 | ||||||||||
Fund Group | $ | 3,091,810 | $ | 3,217,586 | 50739 |
TOTAL ALL BUDGET FUND GROUPS | $ | 11,925,677 | $ | 12,067,144 | 50740 |
STATEHOUSE NEWS BUREAU | 50741 |
The foregoing appropriation item 374-401, Statehouse News | 50742 |
Bureau, shall be used solely to support the operations of the Ohio | 50743 |
Statehouse News Bureau. | 50744 |
OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO | 50745 |
The foregoing appropriation item 374-402, Ohio Government | 50746 |
Telecommunications Studio, shall be used solely to support the | 50747 |
operations of the Ohio Government Telecommunications Studio. | 50748 |
TELECOMMUNICATIONS OPERATING SUBSIDY | 50749 |
The foregoing appropriation item 374-404, Telecommunications | 50750 |
Operating Subsidy, shall be distributed by the Ohio Educational | 50751 |
Telecommunications Network Commission to Ohio's qualified public | 50752 |
educational television stations, radio reading services, and | 50753 |
educational radio stations to support their operations. The funds | 50754 |
shall be distributed pursuant to an allocation developed by the | 50755 |
Ohio Educational Telecommunications Network Commission. | 50756 |
GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING | 50757 |
The Director of Budget and Management shall transfer, by July | 50758 |
15, 2001, all remaining balances in General Services Fund 4T2, | 50759 |
Government Television/Telecommunications Operating, in the Capital | 50760 |
Square Review and Advisory Board to General Services Fund 4T2, | 50761 |
Government Television/Telecommunications Operating, in the Ohio | 50762 |
Educational Telecommunications Network Commission. General | 50763 |
Services Fund 4T2, Government Television/Telecommunications | 50764 |
Operating, is hereby created in the Ohio Educational | 50765 |
Telecommunications Network Commission. | 50766 |
Section 46. ELC OHIO ELECTIONS COMMISSION | 50767 |
General Revenue Fund | 50768 |
GRF | 051-321 | Operating Expenses | $ | 298,660 | $ | 307,022 | 50769 | ||||
TOTAL GRF General Revenue Fund | $ | 298,660 | $ | 307,022 | 50770 |
State Special Revenue Fund Group | 50771 |
4P2 | 051-601 | Ohio Elections | 50772 | ||||||||
Commission Fund | $ | 298,660 | $ | 312,923 | 50773 | ||||||
TOTAL SSR State Special | 50774 | ||||||||||
Revenue Fund Group | $ | 298,660 | $ | 312,923 | 50775 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 597,320 | $ | 619,945 | 50776 |
Section 47. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 50778 |
50779 |
General Services Fund Group | 50780 |
4K9 | 881-609 | Operating Expenses | $ | 507,667 | $ | 533,541 | 50781 | ||||
TOTAL GSF General Services | 50782 | ||||||||||
Fund Group | $ | 507,667 | $ | 533,541 | 50783 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 507,667 | $ | 533,541 | 50784 |
Section 48. ERB STATE EMPLOYMENT RELATIONS BOARD | 50786 |
General Revenue Fund | 50787 |
GRF | 125-321 | Operating Expenses | $ | 3,622,827 | $ | 3,724,266 | 50788 | ||||
TOTAL GRF General Revenue Fund | $ | 3,622,827 | $ | 3,724,266 | 50789 |
General Services Fund Group | 50790 |
572 | 125-603 | Training and Publications | $ | 73,699 | $ | 75,541 | 50791 | ||||
TOTAL GSF General Services | 50792 | ||||||||||
Fund Group | $ | 73,699 | $ | 75,541 | 50793 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 3,696,526 | $ | 3,799,807 | 50794 |
Section 49. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 50796 |
General Services Fund Group | 50797 |
4K9 | 892-609 | Operating Expenses | $ | 919,315 | $ | 956,188 | 50798 | ||||
TOTAL GSF General Services | 50799 | ||||||||||
Fund Group | $ | 919,315 | $ | 956,188 | 50800 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 919,315 | $ | 956,188 | 50801 |
Section 50. EPA ENVIRONMENTAL PROTECTION AGENCY | 50802 |
General Revenue Fund | 50803 |
GRF | 715-501 | Local Air Pollution Control | $ | 1,364,111 | $ | 1,444,068 | 50804 | ||||
GRF | 717-321 | Surface Water | $ | 10,005,388 | $ | 11,104,082 | 50805 | ||||
GRF | 718-321 | Groundwater | $ | 1,430,912 | $ | 1,540,938 | 50806 | ||||
GRF | 719-321 | Air Pollution Control | $ | 2,838,394 | $ | 3,015,444 | 50807 | ||||
GRF | 721-321 | Drinking Water | $ | 3,043,210 | $ | 3,216,737 | 50808 | ||||
GRF | 723-321 | Hazardous Waste | $ | 142,080 | $ | 142,080 | 50809 | ||||
GRF | 724-321 | Pollution Prevention | $ | 927,221 | $ | 986,633 | 50810 | ||||
GRF | 725-321 | Laboratory | $ | 1,411,197 | $ | 1,551,342 | 50811 | ||||
GRF | 726-321 | Corrective Actions | $ | 1,890,915 | $ | 1,912,937 | 50812 | ||||
TOTAL GRF General Revenue Fund | $ | 23,053,428 | $ | 24,914,261 | 50813 |
General Services Fund Group | 50814 |
199 | 715-602 | Laboratory Services | $ | 1,003,616 | $ | 1,042,081 | 50815 | ||||
219 | 715-604 | Central Support Indirect | $ | 14,935,955 | $ | 16,462,642 | 50816 | ||||
4A1 | 715-640 | Operating Expenses | $ | 3,214,075 | $ | 3,304,835 | 50817 | ||||
TOTAL GSF General Services | 50818 | ||||||||||
Fund Group | $ | 19,153,646 | $ | 20,809,558 | 50819 |
Federal Special Revenue Fund Group | 50820 |
3F2 | 715-630 | Revolving Loan Fund - Operating | $ | 33,700 | $ | 80,000 | 50821 | ||||
3F3 | 715-632 | Fed Supported Cleanup and Response | $ | 4,551,830 | $ | 4,600,910 | 50822 | ||||
3F4 | 715-633 | Water Quality Management | $ | 702,849 | $ | 702,849 | 50823 | ||||
3F5 | 715-641 | Nonpoint Source Pollution Management | $ | 5,820,330 | $ | 5,820,330 | 50824 | ||||
3J1 | 715-620 | Urban Stormwater | $ | 522,000 | $ | 348,000 | 50825 | ||||
3J5 | 715-615 | Maumee River | $ | 61,196 | $ | 0 | 50826 | ||||
3K2 | 715-628 | Clean Water Act 106 | $ | 3,769,255 | $ | 3,769,254 | 50827 | ||||
3K4 | 715-634 | DOD Monitoring and Oversight | $ | 1,388,552 | $ | 1,487,341 | 50828 | ||||
3K6 | 715-639 | Remedial Action Plan | $ | 600,000 | $ | 270,000 | 50829 | ||||
3N4 | 715-657 | DOE Monitoring and Oversight | $ | 4,080,203 | $ | 4,162,907 | 50830 | ||||
3T1 | 715-668 | Rural Hardship Grant | $ | 50,000 | $ | 50,000 | 50831 | ||||
3V7 | 715-606 | Agencywide Grants | $ | 360,000 | $ | 80,000 | 50832 | ||||
352 | 715-611 | Wastewater Pollution | $ | 200,000 | $ | 278,000 | 50833 | ||||
353 | 715-612 | Public Water Supply | $ | 2,489,460 | $ | 2,489,460 | 50834 | ||||
354 | 715-614 | Hazardous Waste Management - Federal | $ | 3,900,000 | $ | 3,900,000 | 50835 | ||||
357 | 715-619 | Air Pollution Control - Federal | $ | 4,919,683 | $ | 4,835,600 | 50836 | ||||
362 | 715-605 | Underground Injection Control - Federal | $ | 107,856 | $ | 107,856 | 50837 | ||||
TOTAL FED Federal Special Revenue | 50838 | ||||||||||
Fund Group | $ | 33,556,914 | $ | 32,982,507 | 50839 |
State Special Revenue Fund Group | 50840 |
3T3 | 715-669 | Drinking Water SRF | $ | 5,577,473 | $ | 5,839,217 | 50841 | ||||
4J0 | 715-638 | Underground Injection Control | $ | 377,268 | $ | 394,097 | 50842 | ||||
4K2 | 715-648 | Clean Air - Non Title V | $ | 3,558,719 | $ | 3,725,707 | 50843 | ||||
4K3 | 715-649 | Solid Waste | $ | 12,883,012 | $ | 13,578,411 | 50844 | ||||
4K4 | 715-650 | Surface Water Protection | $ | 9,052,930 | $ | 9,053,183 | 50845 | ||||
4K5 | 715-651 | Drinking Water Protection | $ | 5,420,914 | $ | 5,780,021 | 50846 | ||||
4P5 | 715-654 | Cozart Landfill | $ | 140,404 | $ | 143,914 | 50847 | ||||
4R5 | 715-656 | Scrap Tire Management | $ | 5,526,050 | $ | 5,607,911 | 50848 | ||||
4R9 | 715-658 | Voluntary Action Program | $ | 760,038 | $ | 880,324 | 50849 | ||||
4T3 | 715-659 | Clean Air - Title V Permit Program | $ | 16,330,021 | $ | 16,919,482 | 50850 | ||||
4U7 | 715-660 | Construction & Demolition Debris | $ | 136,347 | $ | 143,435 | 50851 | ||||
5H4 | 715-664 | Groundwater Support | $ | 1,718,659 | $ | 1,820,773 | 50852 | ||||
500 | 715-608 | Immediate Removal Special Account | $ | 508,000 | $ | 428,547 | 50853 | ||||
503 | 715-621 | Hazardous Waste Facility Management | $ | 10,274,613 | $ | 11,045,132 | 50854 | ||||
503 | 715-662 | Hazardous Waste Facility Board | $ | 688,634 | $ | 725,713 | 50855 | ||||
505 | 715-623 | Hazardous Waste Cleanup | $ | 12,786,201 | $ | 13,427,443 | 50856 | ||||
541 | 715-670 | Site Specific Cleanup | $ | 2,206,952 | $ | 2,345,990 | 50857 | ||||
542 | 715-671 | Risk Management Reporting | $ | 174,924 | $ | 185,605 | 50858 | ||||
592 | 715-627 | Anti-Tampering Settlement | $ | 10,000 | $ | 10,000 | 50859 | ||||
6A1 | 715-645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 50860 | ||||
602 | 715-626 | Motor Vehicle Inspection and Maintenance | $ | 2,653,217 | $ | 2,795,062 | 50861 | ||||
644 | 715-631 | ER Radiological Safety | $ | 242,446 | $ | 255,947 | 50862 | ||||
660 | 715-629 | Infectious Waste Management | $ | 138,899 | $ | 145,271 | 50863 | ||||
676 | 715-642 | Water Pollution Control Loan Administration | $ | 4,874,302 | $ | 5,252,873 | 50864 | ||||
678 | 715-635 | Air Toxic Release | $ | 394,489 | $ | 413,938 | 50865 | ||||
679 | 715-636 | Emergency Planning | $ | 2,000,708 | $ | 2,054,868 | 50866 | ||||
696 | 715-643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 50867 | ||||
699 | 715-644 | Water Pollution Control Administration | $ | 250,000 | $ | 250,000 | 50868 | ||||
TOTAL SSR State Special Revenue | 50869 | ||||||||||
Fund Group | $ | 100,935,220 | $ | 105,472,864 | 50870 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 176,699,208 | $ | 184,179,190 | 50871 |
Section 50.01. AREAWIDE PLANNING AGENCIES | 50873 |
Of the foregoing appropriation item 717-321, Surface Water, | 50874 |
$250,000 in fiscal year 2002 and $250,000 in fiscal year 2003 | 50875 |
shall be divided evenly between the following six areawide | 50876 |
planning agencies for the purpose of regional water management | 50877 |
planning: Eastgate Regional Council of Governments, Miami Valley | 50878 |
Regional Planning Commission, Northeast Ohio Four County Regional | 50879 |
Planning and Development Organization, Northeast Ohio Areawide | 50880 |
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of | 50881 |
Governments, and Toledo Metropolitan Area Council of Governments. | 50882 |
BETHEL LOCAL SCHOOL DISTRICT | 50883 |
Of the foregoing appropriation item 721-321, Drinking Water, | 50884 |
$65,000 in fiscal year 2002 and $65,000 in fiscal year 2003 shall | 50885 |
be used for the Bethel Local School District in Miami County. The | 50886 |
moneys shall be used to purchase water for the school and four | 50887 |
adjacent households, for expenses incurred by Bethel Local School | 50888 |
District for well-monitoring activities and water-system | 50889 |
conversions, and for expenses incurred by the Ohio Environmental | 50890 |
Protection Agency as the Agency continues to monitor activities | 50891 |
associated with the Bethel Local School District water supply. | 50892 |
CENTRAL SUPPORT INDIRECT | 50893 |
Notwithstanding any other provision of law to the contrary, | 50894 |
the Director of Environmental Protection, with the approval of the | 50895 |
Director of Budget and Management, shall utilize a methodology for | 50896 |
determining each division's payments into the Central Support | 50897 |
Indirect Fund (Fund 219). The methodology used shall contain the | 50898 |
characteristics of administrative ease and uniform application. | 50899 |
Payments to the Central Support Indirect Fund (Fund 219) shall be | 50900 |
made using an intrastate transfer voucher. | 50901 |
Not later than November 30, 2001, the Director of | 50902 |
Environmental Protection shall certify to the Director of Budget | 50903 |
and Management the cash balances in Fund 356, Indirect Costs, and | 50904 |
Fund 4C3, Central Support Indirect, and may request the Director | 50905 |
of Budget and Management to transfer up to the certified amounts | 50906 |
into Fund 219, Central Support Indirect. The amount transferred | 50907 |
is hereby appropriated. | 50908 |
SOLID WASTE FUND TRANSFER | 50909 |
Not later than March 1, 2002, the Director of Environmental | 50910 |
Protection shall certify to the Director of Budget and Management | 50911 |
the amount expended from Fund 4K3, Solid Waste, during fiscal | 50912 |
years 2000 and 2001 for emergency expenses incurred as a result of | 50913 |
the fire at the Kirby Tire site. In fiscal years 2002 and 2003, | 50914 |
the Director of Environmental Protection shall request the | 50915 |
Director of Budget and Management to transfer up to one-half of | 50916 |
the certified amount during fiscal year 2002 and the balance of | 50917 |
the certified amount during fiscal year 2003 from Fund 4R5, Scrap | 50918 |
Tire Management, to Fund 4K3, Solid Waste. The amounts | 50919 |
transferred are hereby appropriated. | 50920 |
Moneys transferred from Fund 4R5, Scrap Tire Management, to | 50921 |
Fund 4K3, Solid Waste, shall not consist of any moneys generated | 50922 |
under division (A)(2) of section 3734.901 of the Revised Code as | 50923 |
amended by this act. | 50924 |
KIRBY TIRE SITE | 50925 |
Of the moneys collected under division (A)(2) of section | 50926 |
3734.901 of the Revised Code as amended by this act and deposited | 50927 |
into the Scrap Tire Management Fund, at least fifty per cent shall | 50928 |
be expended for cleanup and removal activities at the Kirby Tire | 50929 |
site in Wyandot County during fiscal years 2002 and 2003. | 50930 |
Section 51. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION | 50931 |
General Revenue Fund | 50932 |
GRF | 172-321 | Operating Expenses | $ | 465,008 | $ | 481,221 | 50933 | ||||
TOTAL GRF General Revenue Fund | $ | 465,008 | $ | 481,221 | 50934 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 465,008 | $ | 481,221 | 50935 |
Section 52. ETH OHIO ETHICS COMMISSION | 50937 |
General Revenue Fund | 50938 |
GRF | 146-321 | Operating Expenses | $ | 1,325,713 | $ | 1,415,005 | 50939 | ||||
TOTAL GRF General Revenue Fund | $ | 1,325,713 | $ | 1,415,005 | 50940 |
General Services Fund Group | 50941 |
4M6 | 146-601 | Operating Expenses | $ | 386,485 | $ | 409,543 | 50942 | ||||
TOTAL GSF General Services | 50943 | ||||||||||
Fund Group | $ | 386,485 | $ | 409,543 | 50944 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,712,198 | $ | 1,824,548 | 50945 |
FEE REVENUE TRANSFER | 50946 |
If the fee revenue that is raised and deposited into Fund 4M6 | 50947 |
146-601, Operating Expenses, exceeds the amount appropriated each | 50948 |
fiscal year, the extra fee revenue shall be hereby appropriated | 50949 |
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce | 50950 |
the GRF appropriation item 146-321, Operating Expenses, in an | 50951 |
amount equal to the amount of the extra fee revenue generated each | 50952 |
fiscal year. | 50953 |
Section 53. EXP OHIO EXPOSITIONS COMMISSION | 50954 |
General Revenue Fund | 50955 |
GRF | 723-403 | Junior Fair Subsidy | $ | 525,000 | $ | 525,000 | 50956 | ||||
TOTAL GRF General Revenue Fund | $ | 525,000 | $ | 525,000 | 50957 |
State Special Revenue Fund Group | 50958 |
506 | 723-601 | Operating Expenses | $ | 14,411,437 | $ | 14,875,658 | 50959 | ||||
4N2 | 723-602 | Ohio State Fair Harness Racing | $ | 511,000 | $ | 520,000 | 50960 | ||||
640 | 723-603 | State Fair Reserve | $ | 700,000 | $ | 0 | 50961 | ||||
TOTAL SSR State Special Revenue | 50962 | ||||||||||
Fund Group | $ | 15,622,437 | $ | 15,395,658 | 50963 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 16,147,437 | $ | 15,920,658 | 50964 |
STATE FAIR RESERVE | 50965 |
The foregoing appropriation item 723-603, State Fair Reserve, | 50966 |
shall serve as a budget reserve fund for the Ohio Expositions | 50967 |
Commission in the event of a significant decline in attendance due | 50968 |
to inclement weather or extraordinary circumstances during the | 50969 |
Ohio State Fair and resulting in a loss of revenue. The State | 50970 |
Fair Reserve may be used by the Ohio Expositions Commission to pay | 50971 |
bills resulting from the Ohio State Fair only if all the following | 50972 |
criteria are met: | 50973 |
(A) Admission revenues for the 2001 Ohio State Fair are less | 50974 |
than $2,920,000 or admission revenues for the 2002 Ohio State Fair | 50975 |
are less than $3,010,000 due to inclement weather or extraordinary | 50976 |
circumstances. These amounts are ninety per cent of the projected | 50977 |
admission revenues for each year. | 50978 |
(B) The Ohio Expositions Commission declares a state of | 50979 |
fiscal exigency and requests release of funds by the Director of | 50980 |
Budget and Management. | 50981 |
(C) The Director of Budget and Management releases the | 50982 |
funds. The Director of Budget and Management may approve or | 50983 |
disapprove the request for release of funds, may increase or | 50984 |
decrease the amount of release, and may place such conditions as | 50985 |
the director deems necessary on the use of the released funds. The | 50986 |
Director of Budget and Management may transfer appropriation | 50987 |
authority from fiscal year 2002 to fiscal year 2003 as needed. | 50988 |
In the event that the Ohio Expositions Commission faces a | 50989 |
temporary cash shortage that will preclude them from meeting | 50990 |
current obligations, the Commission may request the Director of | 50991 |
Budget and Management to approve use of the State Fair Reserve to | 50992 |
meet those obligations. The request shall include a plan | 50993 |
describing how the Commission will eliminate the cash shortage. If | 50994 |
the Director of Budget and Management approves the expenditures, | 50995 |
the Commission shall reimburse Fund 640 by the thirtieth day of | 50996 |
June of that same fiscal year through an intrastate transfer | 50997 |
voucher. The amount reimbursed is appropriated. | 50998 |
Section 54. GOV OFFICE OF THE GOVERNOR | 50999 |
General Revenue Fund | 51000 |
GRF | 040-321 | Operating Expenses | $ | 4,608,731 | $ | 4,748,556 | 51001 | ||||
GRF | 040-403 | National Governors Conference | $ | 174,001 | $ | 179,224 | 51002 | ||||
GRF | 040-408 | Office of Veterans' Affairs | $ | 271,599 | $ | 279,748 | 51003 | ||||
TOTAL GRF General Revenue Fund | $ | 5,054,331 | $ | 5,207,528 | 51004 |
TOTAL ALL BUDGET FUND GROUPS | $ | 5,054,331 | $ | 5,207,528 | 51005 |
APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR | 51006 |
The Governor may expend a portion of the foregoing | 51007 |
appropriation item 040-321, Operating Expenses, to hire or appoint | 51008 |
legal counsel to be used in proceedings involving the Governor in | 51009 |
the Governor's official capacity or the Governor's office only, | 51010 |
without the approval of the Attorney General, notwithstanding | 51011 |
sections 109.02 and 109.07 of the Revised Code. | 51012 |
Section 55. DOH DEPARTMENT OF HEALTH | 51013 |
General Revenue Fund | 51014 |
GRF | 440-406 | Hemophilia Services | $ | 1,230,492 | $ | 1,230,492 | 51015 | ||||
GRF | 440-407 | Animal Borne Disease and Prevention | $ | 2,643,874 | $ | 2,598,297 | 51016 | ||||
GRF | 440-412 | Cancer Incidence Surveillance System | $ | 898,978 | $ | 1,104,175 | 51017 | ||||
GRF | 440-413 | Ohio Health Care Policy and Data | $ | 3,056,959 | $ | 3,157,200 | 51018 | ||||
GRF | 440-416 | Child and Family Health Services | $ | 11,187,087 | $ | 10,839,187 | 51019 | ||||
GRF | 440-418 | Immunizations | $ | 9,403,469 | $ | 9,616,514 | 51020 | ||||
GRF | 440-419 | Sexual Assault Prevention and Intervention | $ | 50,000 | $ | 50,000 | 51021 | ||||
GRF | 440-444 | AIDS Prevention and Treatment | $ | 9,142,101 | $ | 9,476,508 | 51022 | ||||
GRF | 440-446 | Infectious Disease Prevention | $ | 642,821 | $ | 649,291 | 51023 | ||||
GRF | 440-451 | Public Health Prevention Programs | $ | 7,708,440 | $ | 7,212,245 | 51024 | ||||
GRF | 440-452 | Child and Family Health Care Operations | $ | 1,316,947 | $ | 1,320,455 | 51025 | ||||
GRF | 440-453 | Health Care Facility Protection and Safety | $ | 12,466,643 | $ | 12,662,779 | 51026 | ||||
GRF | 440-454 | Local Environmental Health | $ | 1,243,340 | $ | 1,244,824 | 51027 | ||||
GRF | 440-459 | Help Me Grow | $ | 12,500,000 | $ | 12,500,000 | 51028 | ||||
GRF | 440-461 | Vital Statistics | $ | 3,891,580 | $ | 3,863,425 | 51029 | ||||
GRF | 440-501 | Local Health Districts | $ | 3,991,111 | $ | 3,991,111 | 51030 | ||||
GRF | 440-504 | Poison Control Network | $ | 388,000 | $ | 388,000 | 51031 | ||||
GRF | 440-505 | Medically Handicapped Children | $ | 7,634,095 | $ | 7,540,879 | 51032 | ||||
GRF | 440-507 | Cystic Fibrosis | $ | 768,131 | $ | 768,131 | 51033 | ||||
GRF | 440-508 | Migrant Health | $ | 120,767 | $ | 118,049 | 51034 | ||||
GRF | 440-510 | Arthritis Care | $ | 75,000 | $ | 75,000 | 51035 | ||||
TOTAL GRF General Revenue Fund | $ | 90,359,826 | $ | 90,406,562 | 51036 |
General Services Fund Group | 51037 |
142 | 440-618 | General Operations | $ | 2,764,557 | $ | 2,892,340 | 51038 | ||||
211 | 440-613 | Central Support Indirect Costs | $ | 25,527,855 | $ | 26,149,512 | 51039 | ||||
473 | 440-622 | Lab Operating Expenses | $ | 4,006,440 | $ | 4,154,045 | 51040 | ||||
5C1 | 440-642 | TANF Family Planning | $ | 255,500 | $ | 261,888 | 51041 | ||||
683 | 440-633 | Employee Assistance Program | $ | 1,017,408 | $ | 1,062,965 | 51042 | ||||
698 | 440-634 | Nurse Aide Training | $ | 240,000 | $ | 265,808 | 51043 | ||||
TOTAL GSF General Services | 51044 | ||||||||||
Fund Group | $ | 33,811,760 | $ | 34,786,558 | 51045 |
Federal Special Revenue Fund Group | 51046 |
320 | 440-601 | Maternal Child Health Block Grant | $ | 32,702,100 | $ | 34,335,562 | 51047 | ||||
387 | 440-602 | Preventive Health Block Grant | $ | 9,278,173 | $ | 9,278,173 | 51048 | ||||
389 | 440-604 | Women, Infants, and Children | $ | 185,850,000 | $ | 195,142,500 | 51049 | ||||
391 | 440-606 | Medicaid/Medicare | $ | 24,297,017 | $ | 25,778,700 | 51050 | ||||
392 | 440-618 | General Operations | $ | 74,384,890 | $ | 77,720,166 | 51051 | ||||
TOTAL FED Federal Special Revenue | 51052 | ||||||||||
Fund Group | $ | 326,512,180 | $ | 342,255,101 | 51053 |
State Special Revenue Fund Group | 51054 |
3W5 | 440-611 | Title XX Transfer | $ | 500,000 | $ | 500,000 | 51055 | ||||
4D6 | 440-608 | Genetics Services | $ | 2,725,894 | $ | 2,799,641 | 51056 | ||||
4F9 | 440-610 | Sickle Cell Disease Control | $ | 1,010,091 | $ | 1,035,344 | 51057 | ||||
4G0 | 440-636 | Heirloom Birth Certificate | $ | 1,000 | $ | 1,000 | 51058 | ||||
4G0 | 440-637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 51059 | ||||
4L3 | 440-609 | Miscellaneous Expenses | $ | 257,548 | $ | 258,570 | 51060 | ||||
4T4 | 440-603 | Child Highway Safety | $ | 224,855 | $ | 233,894 | 51061 | ||||
4V6 | 440-641 | Save Our Sight | $ | 1,232,421 | $ | 1,266,900 | 51062 | ||||
470 | 440-618 | General Operations | $ | 12,364,273 | $ | 12,941,359 | 51063 | ||||
471 | 440-619 | Certificate of Need | $ | 352,598 | $ | 370,524 | 51064 | ||||
477 | 440-627 | Medically Handicapped Children Audit | $ | 4,400,452 | $ | 4,640,498 | 51065 | ||||
5B5 | 440-616 | Quality, Monitoring, and Inspection | $ | 802,502 | $ | 838,479 | 51066 | ||||
5C0 | 440-615 | Alcohol Testing and Permit | $ | 1,395,439 | $ | 1,455,405 | 51067 | ||||
5D6 | 440-620 | Second Chance Trust | $ | 831,924 | $ | 852,723 | 51068 | ||||
5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 1,080,000 | $ | 1,157,150 | 51069 | ||||
610 | 440-626 | Radiation Emergency Response | $ | 870,505 | $ | 923,315 | 51070 | ||||
666 | 440-607 | Medically Handicapped Children - County Assessments | $ | 14,039,889 | $ | 14,039,889 | 51071 | ||||
TOTAL SSR State Special Revenue | 51072 | ||||||||||
Fund Group | $ | 42,094,391 | $ | 43,319,691 | 51073 |
Holding Account Redistribution Fund Group | 51074 |
R14 | 440-631 | Vital Statistics | $ | 49,000 | $ | 49,000 | 51075 | ||||
R48 | 440-625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 51076 | ||||
TOTAL 090 Holding Account | 51077 | ||||||||||
Redistribution Fund Group | $ | 69,000 | $ | 69,000 | 51078 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 492,847,157 | $ | 510,836,912 | 51079 |
Section 55.01. HEMOPHILIA SERVICES | 51081 |
Of the foregoing appropriation item 440-406, Hemophilia | 51082 |
Services, $205,000 in each fiscal year shall be used to implement | 51083 |
the Hemophilia Insurance Pilot Project. | 51084 |
Of the foregoing appropriation item 440-406, Hemophilia | 51085 |
Services, up to $245,000 in each fiscal year shall be used by the | 51086 |
Department of Health to provide grants to the nine hemophilia | 51087 |
treatment centers to provide prevention services for persons with | 51088 |
hemophilia and their family members affected by AIDS and other | 51089 |
bloodborne pathogens. | 51090 |
CANCER REGISTRY SYSTEM | 51091 |
Of the foregoing appropriation item 440-412, Cancer Incidence | 51092 |
Surveillance System, $50,000 in each fiscal year shall be provided | 51093 |
to the Northern Ohio Cancer Resource Center. | 51094 |
The remaining moneys in appropriation item 440-412, Cancer | 51095 |
Incidence Surveillance System, shall be used to maintain and | 51096 |
operate the Ohio Cancer Incidence Surveillance System pursuant to | 51097 |
sections 3701.261 to 3701.263 of the Revised Code. | 51098 |
No later than March 1, 2002, the Ohio Cancer Incidence | 51099 |
Surveillance Advisory Board shall report to the General Assembly | 51100 |
on the effectiveness of the cancer incidence surveillance system | 51101 |
and the partnership between the Department of Health and the | 51102 |
Arthur G. James Cancer Hospital and Richard J. Solove Research | 51103 |
Institute of The Ohio State University. | 51104 |
CHILD AND FAMILY HEALTH SERVICES | 51105 |
Of the foregoing appropriation item 440-416, Child and Family | 51106 |
Health Services, $1,700,000 in each fiscal year shall be used for | 51107 |
family planning services. None of the funds received through | 51108 |
these family planning grants shall be used to provide abortion | 51109 |
services. None of the funds received through these family | 51110 |
planning grants shall be used for counseling for or referrals for | 51111 |
abortion, except in the case of a medical emergency. These funds | 51112 |
shall be distributed on the basis of the relative need in the | 51113 |
community served by the Director of Health to family planning | 51114 |
programs, which shall include family planning programs funded | 51115 |
under Title V of the "Social Security Act," 49 Stat. 620 (1935), | 51116 |
42 U.S.C.A. 301, as amended, and Title X of the "Public Health | 51117 |
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, | 51118 |
as well as to other family planning programs that the Department | 51119 |
of Health also determines will provide services that are | 51120 |
physically and financially separate from abortion-providing and | 51121 |
abortion-promoting activities, and that do not include counseling | 51122 |
for or referrals for abortion, other than in the case of medical | 51123 |
emergency, with state moneys, but that otherwise substantially | 51124 |
comply with the quality standards for such programs under Title V | 51125 |
and Title X. | 51126 |
The Director of Health, by rule, shall provide reasonable | 51127 |
methods by which a grantee wishing to be eligible for federal | 51128 |
funding may comply with these requirements for state funding | 51129 |
without losing its eligibility for federal funding, while ensuring | 51130 |
that a family planning program receiving a family planning grant | 51131 |
must be organized so that it is physically and financially | 51132 |
separate from the provision of abortion services and from | 51133 |
activities promoting abortion as a method of family planning. | 51134 |
Of the foregoing appropriation item 440-416, Child and Family | 51135 |
Health Services, $150,000 in each fiscal year shall be used to | 51136 |
provide malpractice insurance for physicians and other health | 51137 |
professionals providing prenatal services in programs funded by | 51138 |
the Department of Health. | 51139 |
Of the foregoing appropriation item 440-416, Child and Family | 51140 |
Health Services, $279,000 shall be used in each fiscal year for | 51141 |
the OPTIONS dental care access program. | 51142 |
Of the foregoing appropriation item 440-416, Child and Family | 51143 |
Health Services, $600,000 in each fiscal year shall be used by | 51144 |
local child and family health services clinics to provide services | 51145 |
to uninsured low-income persons. | 51146 |
Of the foregoing appropriation item 440-416, Child and Family | 51147 |
Health Services, $900,000 in each fiscal year shall be used by | 51148 |
federally qualified health centers and federally designated | 51149 |
look-alikes to provide services to uninsured low-income persons. | 51150 |
Of the foregoing appropriation item 440-416, Child and Family | 51151 |
Health Services, $50,000 in each fiscal year shall be used for the | 51152 |
Tree of Knowledge Learning Center in Cleveland Heights. | 51153 |
Of the foregoing appropriation item 440-416, Child and Family | 51154 |
Health Services, $25,000 in fiscal year 2002 shall be provided to | 51155 |
the Suicide Prevention Program of Clermont County. | 51156 |
Of the foregoing appropriation item 440-416, Child and Family | 51157 |
Health Services, $50,000 in fiscal year 2002 shall be provided to | 51158 |
the Discover Health Project. | 51159 |
Of the foregoing appropriation item 440-416, Child and Family | 51160 |
Health Services, $75,000 in fiscal year 2002 shall be provided to | 51161 |
the Mayerson Center. | 51162 |
Of the foregoing appropriation item 440-416, Child and Family | 51163 |
Health Services, $50,000 in fiscal year 2002 shall be provided to | 51164 |
the Central Clinic at the University of Cincinnati. | 51165 |
IMMUNIZATIONS | 51166 |
Of the foregoing appropriation item 440-418, Immunizations, | 51167 |
$125,000 per fiscal year shall be used to provide vaccinations for | 51168 |
Hepatitis B to all qualified underinsured students in the seventh | 51169 |
grade who have not been previously immunized. | 51170 |
SEXUAL ASSAULT PREVENTION AND INTERVENTION | 51171 |
The foregoing appropriation item 440-419, Sexual Assault | 51172 |
Prevention and Intervention, shall be used for the following | 51173 |
purposes: | 51174 |
(A) Funding of new services in counties with no services for | 51175 |
sexual assault; | 51176 |
(B) Expansion of services provided in currently funded | 51177 |
projects so that comprehensive crisis intervention and prevention | 51178 |
services are offered; | 51179 |
(C) Start-up funding for Sexual Assault Nurse Examiner (SANE) | 51180 |
projects; | 51181 |
(D) Statewide expansion of local outreach and public | 51182 |
awareness efforts. | 51183 |
HIV/AIDS PREVENTION/TREATMENT | 51184 |
Of the foregoing appropriation item 440-444, AIDS Prevention | 51185 |
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million | 51186 |
in fiscal year 2003 shall be used to assist persons with HIV/AIDS | 51187 |
in acquiring HIV-related medications. | 51188 |
The HIV Drug Assistance Program is pursuant to section | 51189 |
3701.241 of the Revised Code and Title XXVI of the "Public Health | 51190 |
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. | 51191 |
The Department of Health may adopt rules pursuant to Chapter 119. | 51192 |
of the Revised Code as necessary for the administration of the | 51193 |
program. | 51194 |
INFECTIOUS DISEASE PREVENTION | 51195 |
Notwithstanding section 339.77 of the Revised Code, $60,000 | 51196 |
of the foregoing appropriation item 440-446, Infectious Disease | 51197 |
Prevention, shall be used by the Director of Health to reimburse | 51198 |
Boards of County Commissioners for the cost of detaining indigent | 51199 |
persons with tuberculosis. Any portion of the $60,000 allocated | 51200 |
for detainment not used for that purpose shall be used to make | 51201 |
payments to counties pursuant to section 339.77 of the Revised | 51202 |
Code. | 51203 |
Of the foregoing appropriation item 440-446, Infectious | 51204 |
Disease Prevention, $200,000 in each fiscal year shall be used for | 51205 |
the purchase of drugs for sexually transmitted diseases. | 51206 |
HELP ME GROW | 51207 |
The foregoing appropriation item 440-459, Help Me Grow, shall | 51208 |
be used by the Department of Health to distribute subsidies to | 51209 |
counties to implement the Ohio Early Start, Early Intervention, | 51210 |
and Welcome Home Programs. Counties that receive subsidies from | 51211 |
appropriation item 440-459, Help Me Grow, shall use the funds to | 51212 |
provide home-visiting services to newborn infants and their | 51213 |
families, and services to infants and toddlers under three years | 51214 |
of age who are at risk for, or with a, developmental delay or | 51215 |
disability, and their families. Appropriation item 440-459 may be | 51216 |
used in conjunction with Temporary Assistance for Needy Families | 51217 |
from the Department of Job and Family Services, Even Start from | 51218 |
the Department of Education, and in conjunction with other early | 51219 |
childhood funds and services to promote the optimal development of | 51220 |
young children. Local contacts shall be developed between local | 51221 |
departments of job and family services and family and children | 51222 |
first councils for the administration of TANF funding for the Help | 51223 |
Me Grow Program. The Department of Health shall enter into an | 51224 |
interagency agreement with the Department of Education to | 51225 |
coordinate the planning, design, and grant selection process for | 51226 |
any new Even Start grants and to ensure that all new and existing | 51227 |
programs within Help Me grow are school linked. | 51228 |
POISON CONTROL NETWORK | 51229 |
The foregoing appropriation item 440-504, Poison Control | 51230 |
Network, shall be used in each fiscal year by the Department of | 51231 |
Health for grants to the consolidated Ohio Poison Control Center | 51232 |
to provide poison control services to Ohio citizens. | 51233 |
TANF FAMILY PLANNING | 51234 |
The Director of Budget and Management shall transfer by | 51235 |
intrastate transfer voucher, no later than the fifteenth day of | 51236 |
July of each fiscal year, cash from the General Revenue Fund, | 51237 |
appropriation item 600-410, TANF State, to General Services Fund | 51238 |
5C1 in the Department of Health, in an amount of $250,000 in each | 51239 |
fiscal year for the purpose of family planning services for | 51240 |
children or their families whose income is at or below 200 per | 51241 |
cent of the official poverty guideline. | 51242 |
As used in this section, "poverty guideline" means the | 51243 |
official poverty guideline as revised annually by the United | 51244 |
States Secretary of Health and Human Services in accordance with | 51245 |
section 673 of the "Community Services Block Grant Act," 95 Stat. | 51246 |
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal | 51247 |
to the size of the family of the person whose income is being | 51248 |
determined. | 51249 |
MATERNAL CHILD HEALTH BLOCK GRANT | 51250 |
Of the foregoing appropriation item 440-601, Maternal Child | 51251 |
Health Block Grant (Fund 320), $2,091,299 shall be used in each | 51252 |
fiscal year for the purposes of abstinence-only education. The | 51253 |
Director of Health shall develop guidelines for the establishment | 51254 |
of abstinence programs for teenagers with the purpose of | 51255 |
decreasing unplanned pregnancies and abortion. Such guidelines | 51256 |
shall be pursuant to Title V of the "Social Security Act," 42 | 51257 |
U.S.C.A. 510, and shall include, but are not limited to, | 51258 |
advertising campaigns and direct training in schools and other | 51259 |
locations. | 51260 |
A portion of the foregoing appropriation item 440-601, | 51261 |
Maternal Child Health Block Grant (Fund 320), may be used to | 51262 |
ensure that current information on sudden infant death syndrome is | 51263 |
available for distribution by local health districts. | 51264 |
TITLE XX TRANSFER | 51265 |
Of the foregoing appropriation item 440-611, Title XX | 51266 |
Transfer (Fund 3W5), $500,000 in each fiscal year shall be used | 51267 |
for the purposes of abstinence-only education. The Director of | 51268 |
Health shall develop guidelines for the establishment of | 51269 |
abstinence programs for teenagers with the purpose of decreasing | 51270 |
unplanned pregnancies and abortion. The guidelines shall be | 51271 |
developed pursuant to Title V of the "Social Security Act," 42 | 51272 |
U.S.C. 510, and shall include, but are not to be limited to, | 51273 |
advertising campaigns and direct training in schools and other | 51274 |
locations. | 51275 |
GENETICS SERVICES | 51276 |
The foregoing appropriation item 440-608, Genetics Services | 51277 |
(Fund 4D6), shall be used by the Department of Health to | 51278 |
administer programs authorized by sections 3701.501 and 3701.502 | 51279 |
of the Revised Code. | 51280 |
SICKLE CELL FUND | 51281 |
The foregoing appropriation item 440-610, Sickle Cell Disease | 51282 |
Control (Fund 4F9), shall be used by the Department of Health to | 51283 |
administer programs authorized by section 3701.131 of the Revised | 51284 |
Code. The source of the funds is as specified in section 3701.23 | 51285 |
of the Revised Code. | 51286 |
SAFETY AND QUALITY OF CARE STANDARDS | 51287 |
The Department of Health may use Fund 471, Certificate of | 51288 |
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of | 51289 |
the Revised Code in each fiscal year. | 51290 |
MEDICALLY HANDICAPPED CHILDREN AUDIT | 51291 |
The Medically Handicapped Children Audit Fund (Fund 477) | 51292 |
shall receive revenue from audits of hospitals and recoveries from | 51293 |
third-party payors. Moneys may be expended for payment of audit | 51294 |
settlements and for costs directly related to obtaining recoveries | 51295 |
from third-party payors and for encouraging Medically Handicapped | 51296 |
Children's Program recipients to apply for third-party benefits. | 51297 |
Moneys also may be expended for payments for diagnostic and | 51298 |
treatment services on behalf of medically handicapped children, as | 51299 |
defined in division (A) of section 3701.022 of the Revised Code, | 51300 |
and Ohio residents who are twenty-one or more years of age and who | 51301 |
are suffering from cystic fibrosis. Moneys may also be expended | 51302 |
for administrative expenses incurred in operating the Medically | 51303 |
Handicapped Children's Program. | 51304 |
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 51305 |
PERMIT FUND | 51306 |
The Director of Budget and Management, pursuant to a plan | 51307 |
submitted by the Department of Health, or as otherwise determined | 51308 |
by the Director of Budget and Management, shall set a schedule to | 51309 |
transfer cash from the Liquor Control Fund (Fund 043) to the | 51310 |
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 51311 |
needs of the Alcohol Testing and Permit program. | 51312 |
The Director of Budget and Management shall transfer to the | 51313 |
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 51314 |
Fund (Fund 043) established in section 4301.12 of the Revised Code | 51315 |
such amounts at such times as determined by the transfer schedule. | 51316 |
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 51317 |
The foregoing appropriation item 440-607, Medically | 51318 |
Handicapped Children - County Assessments (Fund 666), shall be | 51319 |
used to make payments pursuant to division (E) of section 3701.023 | 51320 |
of the Revised Code. | 51321 |
Section 55.02. (A) There is hereby created the Health Care | 51322 |
Workforce Shortage Task Force to study the shortage of health care | 51323 |
professionals and health care workers in the health care workforce | 51324 |
and to propose a state plan to address the problem. For the | 51325 |
purposes of the Task Force, "health care professional" and "health | 51326 |
care worker" have the same meanings as in section 2305.234 of the | 51327 |
Revised Code. | 51328 |
(B) The Director of Health shall serve as chair of the | 51329 |
Health Care Workforce Shortage Task Force. The Task Force shall | 51330 |
consist of not more than seventeen members, who shall serve | 51331 |
without compensation. One member of the Senate, appointed by the | 51332 |
President of the Senate, and one member of the House of | 51333 |
Representatives, appointed by the Speaker of the House of | 51334 |
Representatives, shall serve on the Task Force. The member from | 51335 |
the House of Representatives and the member from the Senate shall | 51336 |
be from different political parties. The Director of Health shall | 51337 |
appoint health care professionals and health care workers | 51338 |
representing each of the following organizations: | 51339 |
(1) Ohio Hospital Association; | 51340 |
(2) Ohio Association of Children's Hospitals; | 51341 |
(3) Ohio Council for Home Care; | 51342 |
(4) Ohio Health Care Association; | 51343 |
(5) Ohio Hospice and Palliative Care Organization; | 51344 |
(6) Ohio Association of Philanthropic Homes; | 51345 |
(7) Ohio Commission on Minority Health; | 51346 |
(8) Ohio Nurses Association; | 51347 |
(9) Ohio Pharmacists Association; | 51348 |
(10) Ohio State Medical Association; | 51349 |
(11) Families for Improved Care; | 51350 |
(12) Ohio Association of Health Care Quality. | 51351 |
(C) The Department of Health shall provide the Task Force | 51352 |
with office space, staff, supplies, services, and other support as | 51353 |
needed. | 51354 |
(D) The Task Force shall do all of the following: | 51355 |
(1) Review the licensing standards for all health care | 51356 |
professionals; | 51357 |
(2) Identify strategies to increase recruitment, retention, | 51358 |
and development of qualified health care professionals and health | 51359 |
care workers in health care settings; | 51360 |
(3) Develop recommendations for improving scopes of practice | 51361 |
to remove unnecessary barriers to high quality provision of health | 51362 |
care; | 51363 |
(4) Develop possible demonstration projects to present | 51364 |
technology's potential to increase the efficiency of health care | 51365 |
personnel; | 51366 |
(5) Recommend education strategies to meet health care | 51367 |
workforce needs. | 51368 |
(E) The Task Force shall submit a report of its findings and | 51369 |
recommendations to the Speaker and Minority Leader of the House of | 51370 |
Representatives and to the President and Minority Leader of the | 51371 |
Senate not later than July 1, 2002. On submission of the report, | 51372 |
the Task Force shall cease to exist. | 51373 |
Section 56. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 51374 |
Agency Fund Group | 51375 |
461 | 372-601 | Operating Expenses | $ | 13,080 | $ | 13,900 | 51376 | ||||
TOTAL AGY Agency Fund Group | $ | 13,080 | $ | 13,900 | 51377 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 13,080 | $ | 13,900 | 51378 |
Section 57. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 51380 |
General Revenue Fund | 51381 |
GRF | 148-100 | Personal Services | $ | 171,161 | $ | 176,004 | 51382 | ||||
GRF | 148-200 | Maintenance | $ | 35,821 | $ | 35,751 | 51383 | ||||
GRF | 148-300 | Equipment | $ | 3,648 | $ | 3,552 | 51384 | ||||
TOTAL GRF General Revenue Fund | $ | 210,630 | $ | 215,307 | 51385 |
General Services Fund Group | 51386 |
601 | 148-602 | Gifts and Miscellaneous | $ | 8,485 | $ | 8,697 | 51387 | ||||
TOTAL GSF General Services | 51388 | ||||||||||
Fund Group | $ | 8,485 | $ | 8,697 | 51389 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 219,115 | $ | 224,004 | 51390 |
COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW | 51391 |
No later than December 31, 2001, the Commission on | 51392 |
Hispanic/Latino Affairs shall submit to the chairperson and | 51393 |
ranking minority member of the Human Services Subcommittee of the | 51394 |
Finance and Appropriations Committee of the House of | 51395 |
Representatives a report that demonstrates the progress that has | 51396 |
been made toward meeting the Commission's mission statement. | 51397 |
Section 58. OHS OHIO HISTORICAL SOCIETY | 51398 |
General Revenue Fund | 51399 |
GRF | 360-501 | Operating Subsidy | $ | 3,784,283 | $ | 3,816,047 | 51400 | ||||
GRF | 360-502 | Site Operations | $ | 7,471,775 | $ | 7,458,843 | 51401 | ||||
GRF | 360-503 | Ohio Bicentennial Commission | $ | 1,750,000 | $ | 1,750,000 | 51402 | ||||
GRF | 360-504 | Ohio Preservation Office | $ | 400,575 | $ | 383,704 | 51403 | ||||
GRF | 360-505 | Afro-American Museum | $ | 1,049,836 | $ | 1,030,641 | 51404 | ||||
GRF | 360-506 | Hayes Presidential Center | $ | 708,203 | $ | 695,253 | 51405 | ||||
GRF | 360-508 | Historical Grants | $ | 1,005,000 | $ | 775,000 | 51406 | ||||
TOTAL GRF General Revenue Fund | $ | 16,169,672 | $ | 15,909,488 | 51407 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 16,169,672 | $ | 15,909,488 | 51408 |
SUBSIDY APPROPRIATION | 51409 |
Upon approval by the Director of Budget and Management, the | 51410 |
foregoing appropriation items shall be released to the Ohio | 51411 |
Historical Society in quarterly amounts that in total do not | 51412 |
exceed the annual appropriations. The funds and fiscal records of | 51413 |
the society for fiscal years 2002 and 2003 shall be examined by | 51414 |
independent certified public accountants approved by the Auditor | 51415 |
of State, and a copy of the audited financial statements shall be | 51416 |
filed with the Office of Budget and Management. The society shall | 51417 |
prepare and submit to the Office of Budget and Management the | 51418 |
following: | 51419 |
(A) An estimated operating budget for each fiscal year of | 51420 |
the biennium. The operating budget shall be submitted at or near | 51421 |
the beginning of each year. | 51422 |
(B) Financial reports, indicating actual receipts and | 51423 |
expenditures for the fiscal year to date. These reports shall be | 51424 |
filed at least semiannually during the fiscal biennium. | 51425 |
The foregoing appropriations shall be considered to be the | 51426 |
contractual consideration provided by the state to support the | 51427 |
state's offer to contract with the Ohio Historical Society under | 51428 |
section 149.30 of the Revised Code. | 51429 |
OPERATING SUBSIDY | 51430 |
The Director of Budget and Management shall not release the | 51431 |
second quarterly payment for FY 2002 of the foregoing | 51432 |
appropriation item GRF 360-501, Operating Subsidy, to the Ohio | 51433 |
Historical Society until the release of these moneys is approved | 51434 |
by the Controlling Board. The Controlling Board shall not approve | 51435 |
such release until the Ohio Historical Society submits a plan to | 51436 |
the Controlling Board containing a detailed budget with current | 51437 |
and projected costs of operating each state memorial by category, | 51438 |
the sources and amounts of non-state income used at each site, and | 51439 |
the Ohio Historical Society's management plan for each site during | 51440 |
the biennium. The Controlling Board shall consult with the Ohio | 51441 |
Historic Preservation Advisory Board and determine the Ohio | 51442 |
Historical Society's submitted plan to adequately meet the state's | 51443 |
goal of historic preservation prior to the approval of the release | 51444 |
of moneys from GRF 360-501, Operating Subsidy, to the Ohio | 51445 |
Historical Society. | 51446 |
HAYES PRESIDENTIAL CENTER | 51447 |
If a United States government agency, including, but not | 51448 |
limited to, the National Park Service, chooses to take over the | 51449 |
operations or maintenance of the Hayes Presidential Center, in | 51450 |
whole or in part, the Ohio Historical Society shall make | 51451 |
arrangements with the National Park Service or other United States | 51452 |
government agency for the efficient transfer of operations or | 51453 |
maintenance. | 51454 |
HISTORICAL GRANTS | 51455 |
Of the foregoing appropriation item 360-508, Historical | 51456 |
Grants, $50,000 in each fiscal year shall be distributed to the | 51457 |
Hebrew Union College in Cincinnati for the Holocaust Education | 51458 |
Project, $20,000 in fiscal year 2002 shall be distributed to the | 51459 |
Clinton County Historical Society, $60,000 in fiscal year 2002 | 51460 |
shall be distributed to the Holbrook College Project, $100,000 in | 51461 |
each fiscal year shall be distributed to the Western Reserve | 51462 |
Historical Society Hale Farm Project, $125,000 in each fiscal year | 51463 |
shall be distributed to the Great lakes Historical Society, | 51464 |
$500,000 in each fiscal year shall be distributed to the Western | 51465 |
Reserve Historical Society, $75,000 in fiscal year 2002 shall be | 51466 |
distributed to the Cincinnati Museum Center, $50,000 in fiscal | 51467 |
year 2002 shall be distributed to the Underground Railroad Freedom | 51468 |
Center, and $25,000 in fiscal year 2002 shall be distributed to | 51469 |
the Emery Theatre. | 51470 |
Section 59. REP OHIO HOUSE OF REPRESENTATIVES | 51471 |
General Revenue Fund | 51472 |
GRF | 025-321 | Operating Expenses | $ | 18,654,083 | $ | 19,562,481 | 51473 | ||||
TOTAL GRF General Revenue Fund | $ | 18,654,083 | $ | 19,562,481 | 51474 |
General Services Fund Group | 51475 |
103 | 025-601 | House Reimbursement | $ | 1,287,500 | $ | 1,287,500 | 51476 | ||||
4A4 | 025-602 | Miscellaneous Sales | $ | 33,990 | $ | 33,990 | 51477 | ||||
TOTAL GSF General Services | 51478 | ||||||||||
Fund Group | $ | 1,321,490 | $ | 1,321,490 | 51479 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 19,975,573 | $ | 20,883,971 | 51480 |
Section 60. IGO OFFICE OF THE INSPECTOR GENERAL | 51482 |
General Revenue Fund | 51483 |
GRF | 965-321 | Operating Expenses | $ | 630,334 | $ | 663,877 | 51484 | ||||
TOTAL GRF General Revenue Fund | $ | 630,334 | $ | 663,877 | 51485 |
State Special Revenue Fund Group | 51486 |
4Z3 | 965-602 | Special Investigations | $ | 100,000 | $ | 100,000 | 51487 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 100,000 | $ | 100,000 | 51488 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 730,334 | $ | 763,877 | 51489 |
Of the foregoing appropriation item 965-602, Special | 51490 |
Investigations, up to $100,000 in each fiscal year may be used for | 51491 |
investigative costs, pursuant to section 121.481 of the Revised | 51492 |
Code. | 51493 |
Section 61. INS DEPARTMENT OF INSURANCE | 51494 |
Federal Special Revenue Fund Group | 51495 |
3U5 | 820-602 | OSHIIP Operating Grant | $ | 400,000 | $ | 400,000 | 51496 | ||||
TOTAL FED Federal Special | 51497 | ||||||||||
Revenue Fund Group | $ | 400,000 | $ | 400,000 | 51498 |
State Special Revenue Fund Group | 51499 |
554 | 820-601 | Operating Expenses - OSHIIP | $ | 543,101 | $ | 601,773 | 51500 | ||||
554 | 820-606 | Operating Expenses | $ | 20,090,984 | $ | 22,350,783 | 51501 | ||||
555 | 820-605 | Examination | $ | 6,581,705 | $ | 6,963,535 | 51502 | ||||
TOTAL SSR State Special Revenue | 51503 | ||||||||||
Fund Group | $ | 27,215,790 | $ | 29,916,091 | 51504 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 27,615,790 | $ | 30,316,091 | 51505 |
MARKET CONDUCT EXAMINATION | 51506 |
When conducting a market conduct examination of any insurer | 51507 |
doing business in this state, the Superintendent of Insurance may | 51508 |
assess the costs of the examination against the insurer. The | 51509 |
superintendent may enter into consent agreements to impose | 51510 |
administrative assessments or fines for conduct discovered that | 51511 |
may be violations of statutes or regulations administered by the | 51512 |
superintendent. All costs, assessments, or fines collected shall | 51513 |
be deposited to the credit of the Department of Insurance | 51514 |
Operating Fund (Fund 554). | 51515 |
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 51516 |
The Superintendent of Insurance may transfer funds from the | 51517 |
Department of Insurance Operating Fund (Fund 554), established by | 51518 |
section 3901.021 of the Revised Code, to the Superintendent's | 51519 |
Examination Fund (Fund 555), established by section 3901.071 of | 51520 |
the Revised Code, only for the expenses incurred in examining | 51521 |
domestic fraternal benefit societies as required by section | 51522 |
3921.28 of the Revised Code. | 51523 |
Section 62. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 51524 |
General Revenue Fund | 51525 |
GRF | 600-100 | Personal Services | 51526 | ||||||||
State | $ | 56,614,143 | $ | 58,715,838 | 51527 | ||||||
Federal | $ | 18,645,558 | $ | 19,317,882 | 51528 | ||||||
Personal Services Total | $ | 75,259,701 | $ | 78,033,720 | 51529 | ||||||
GRF | 600-200 | Maintenance | 51530 | ||||||||
State | $ | 30,439,164 | $ | 24,320,541 | 51531 | ||||||
Federal | $ | 7,295,237 | $ | 5,828,810 | 51532 | ||||||
Maintenance Total | $ | 37,734,401 | $ | 30,149,351 | 51533 | ||||||
GRF | 600-300 | Equipment | 51534 | ||||||||
State | $ | 5,469,830 | $ | 979,504 | 51535 | ||||||
Federal | $ | 179,026 | $ | 32,059 | 51536 | ||||||
Equipment Total | $ | 5,648,856 | $ | 1,011,563 | 51537 | ||||||
GRF | 600-402 | Electronic Benefits Transfer (EBT) | 51538 | ||||||||
State | $ | 7,551,305 | $ | 7,715,079 | 51539 | ||||||
Federal | $ | 7,551,305 | $ | 7,715,079 | 51540 | ||||||
EBT Total | $ | 15,102,610 | $ | 15,430,158 | 51541 | ||||||
GRF | 600-410 | TANF State | $ | 268,636,561 | $ | 268,619,061 | 51542 | ||||
GRF | 600-413 | Day Care Match/Maintenance of Effort | $ | 84,120,606 | $ | 84,120,606 | 51543 | ||||
GRF | 600-416 | Computer Projects | 51544 | ||||||||
State | $ | 137,583,171 | $ | 142,908,736 | 51545 | ||||||
Federal | $ | 32,665,206 | $ | 34,770,353 | 51546 | ||||||
Computer Projects Total | $ | 170,248,377 | $ | 177,679,089 | 51547 | ||||||
GRF | 600-420 | Child Support Administration | $ | 7,919,511 | $ | 7,885,309 | 51548 | ||||
GRF | 600-426 | Children's Health Insurance Plan (CHIP) | 51549 | ||||||||
State | $ | 7,071,338 | $ | 8,570,373 | 51550 | ||||||
Federal | $ | 17,473,395 | $ | 21,177,537 | 51551 | ||||||
CHIP Total | $ | 24,544,733 | $ | 29,747,910 | 51552 | ||||||
GRF | 600-427 | Child and Family Services Activities | $ | 7,189,086 | $ | 7,000,427 | 51553 | ||||
GRF | 600-435 | Unemployment Compensation Review Commission | $ | 3,759,151 | $ | 3,785,380 | 51554 | ||||
GRF | 600-436 | Medicaid Systems Enhancements | $ | 4,445,384 | $ | 1,853,611 | 51555 | ||||
GRF | 600-502 | Child Support Match | $ | 17,383,992 | $ | 16,814,103 | 51556 | ||||
GRF | 600-504 | Non-TANF County Administration | $ | 70,554,373 | $ | 68,697,679 | 51557 | ||||
GRF | 600-511 | Disability Assistance/Other Assistance | $ | 79,562,017 | $ | 89,752,408 | 51558 | ||||
GRF | 600-512 | Non-TANF Emergency Assistance | $ | 1,079,000 | $ | 1,079,000 | 51559 | ||||
GRF | 600-525 | Health Care/Medicaid | 51560 | ||||||||
State | $ | 2,847,181,745 | $ | 3,059,934,875 | 51561 | ||||||
Federal | $ | 4,087,925,198 | $ | 4,384,423,698 | 51562 | ||||||
Health Care Total | $ | 6,935,106,943 | $ | 7,444,358,573 | 51563 | ||||||
GRF | 600-527 | Child Protective Services | $ | 59,592,059 | $ | 64,047,479 | 51564 | ||||
GRF | 600-528 | Adoption Services | 51565 | ||||||||
State | $ | 31,385,023 | $ | 34,597,562 | 51566 | ||||||
Federal | $ | 30,506,168 | $ | 33,628,748 | 51567 | ||||||
Adoption Services Total | $ | 61,891,191 | $ | 68,226,310 | 51568 | ||||||
GRF | 600-534 | Adult Protective Services | $ | 2,850,975 | $ | 2,775,950 | 51569 | ||||
GRF | 600-552 | County Social Services | $ | 11,354,550 | $ | 11,055,746 | 51570 | ||||
TOTAL GRF General Revenue Fund | 51571 | ||||||||||
State | $ | 3,741,742,984 | $ | 3,965,229,267 | 51572 | ||||||
Federal | $ | 4,202,241,093 | $ | 4,506,894,166 | 51573 | ||||||
GRF Total | $ | 7,943,984,077 | $ | 8,742,123,433 | 51574 |
General Services Fund Group | 51575 |
4A8 | 600-658 | Child Support Collections | $ | 42,389,027 | $ | 42,389,027 | 51576 | ||||
4R4 | 600-665 | BCII Service Fees | $ | 124,522 | $ | 136,974 | 51577 | ||||
5C9 | 600-671 | Medicaid Program Support | $ | 50,846,239 | $ | 59,226,893 | 51578 | ||||
5R1 | 600-677 | County Computers | $ | 5,000,000 | $ | 5,000,000 | 51579 | ||||
613 | 600-645 | Training Activities | $ | 1,462,626 | $ | 1,157,525 | 51580 | ||||
TOTAL GSF General Services | 51581 | ||||||||||
Fund Group | $ | 99,822,414 | $ | 107,910,419 | 51582 |
Federal Special Revenue Fund Group | 51583 |
3A2 | 600-641 | Emergency Food Distribution | $ | 2,018,844 | $ | 2,018,844 | 51584 | ||||
3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 51585 | ||||
3F0 | 600-623 | Health Care Federal | $ | 175,148,990 | $ | 168,503,630 | 51586 | ||||
3F0 | 600-650 | Hospital Care Assurance Match | $ | 292,915,017 | $ | 276,736,571 | 51587 | ||||
3G5 | 600-655 | Interagency Reimbursement | $ | 852,461,818 | $ | 860,986,436 | 51588 | ||||
3G9 | 600-657 | Special Activities Self Sufficiency | $ | 522,500 | $ | 190,000 | 51589 | ||||
3H7 | 600-617 | Day Care Federal | $ | 299,156,430 | $ | 337,848,130 | 51590 | ||||
3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 152,981,760 | $ | 173,963,142 | 51591 | ||||
3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 51592 | ||||
3V0 | 600-688 | Workforce Investment Act | $ | 128,476,093 | $ | 128,476,093 | 51593 | ||||
3V4 | 600-678 | Federal Unemployment Programs | $ | 74,025,525 | $ | 74,025,525 | 51594 | ||||
3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 2,286,421 | $ | 2,286,421 | 51595 | ||||
3V6 | 600-689 | TANF Block Grant | $ | 654,410,661 | $ | 677,098,311 | 51596 | ||||
3V6 | 600-690 | Wellness | $ | 14,337,515 | $ | 14,337,515 | 51597 | ||||
316 | 600-602 | State and Local Training | $ | 10,166,587 | $ | 10,325,460 | 51598 | ||||
327 | 600-606 | Child Welfare | $ | 34,594,191 | $ | 34,592,977 | 51599 | ||||
331 | 600-686 | Federal Operating | $ | 41,600,896 | $ | 41,640,897 | 51600 | ||||
365 | 600-681 | JOB Training Program | $ | 25,000,000 | $ | 5,469,259 | 51601 | ||||
384 | 600-610 | Food Stamps and State Administration | $ | 160,371,358 | $ | 161,716,857 | 51602 | ||||
385 | 600-614 | Refugee Services | $ | 4,388,503 | $ | 4,559,632 | 51603 | ||||
395 | 600-616 | Special Activities/Child and Family Services | $ | 9,491,000 | $ | 9,491,000 | 51604 | ||||
396 | 600-620 | Social Services Block Grant | $ | 51,195,100 | $ | 51,297,478 | 51605 | ||||
397 | 600-626 | Child Support | $ | 248,001,590 | $ | 247,353,041 | 51606 | ||||
398 | 600-627 | Adoption Maintenance/ Administration | $ | 277,806,175 | $ | 341,298,661 | 51607 | ||||
TOTAL FED Federal Special Revenue | 51608 | ||||||||||
Fund Group | $ | 3,513,931,548 | $ | 3,626,790,454 | 51609 |
State Special Revenue Fund Group | 51610 |
198 | 600-647 | Children's Trust Fund | $ | 4,368,785 | $ | 4,379,333 | 51611 | ||||
3W3 | 600-695 | Adult Protective Services | $ | 120,227 | $ | 120,227 | 51612 | ||||
3W3 | 600-696 | Non-TANF Adult Assistance | $ | 1,000,000 | $ | 1,000,000 | 51613 | ||||
3W8 | 600-638 | Hippy Program | $ | 62,500 | $ | 62,500 | 51614 | ||||
3W9 | 600-640 | Adoption Connection | $ | 50,000 | $ | 50,000 | 51615 | ||||
4A9 | 600-607 | Unemployment Compensation Admin Fund | $ | 9,420,000 | $ | 9,420,000 | 51616 | ||||
4E3 | 600-605 | Nursing Home Assessments | $ | 95,511 | $ | 95,511 | 51617 | ||||
4E7 | 600-604 | Child and Family Services Collections | $ | 145,805 | $ | 149,450 | 51618 | ||||
4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 116,400 | $ | 119,310 | 51619 | ||||
4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 31,179,798 | $ | 31,279,798 | 51620 | ||||
4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 51621 | ||||
4K1 | 600-621 | ICF/MR Bed Assessments | $ | 21,604,331 | $ | 22,036,418 | 51622 | ||||
4R3 | 600-687 | Banking Fees | $ | 592,937 | $ | 592,937 | 51623 | ||||
4V2 | 600-612 | Child Support Activities | $ | 124,993 | $ | 124,993 | 51624 | ||||
4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 51625 | ||||
5A5 | 600-685 | Unemployment Benefit Automation | $ | 19,607,027 | $ | 13,555,667 | 51626 | ||||
5E6 | 600-634 | State Option Food Stamps | $ | 6,000,000 | $ | 6,000,000 | 51627 | ||||
5P4 | 600-691 | TANF Child Welfare | $ | 7,500,000 | $ | 7,500,000 | 51628 | ||||
5P5 | 600-692 | Health Care Services | $ | 223,847,498 | $ | 255,386,713 | 51629 | ||||
651 | 600-649 | Hospital Care Assurance Program Fund | $ | 203,298,801 | $ | 192,070,088 | 51630 | ||||
TOTAL SSR State Special Revenue | 51631 | ||||||||||
Fund Group | $ | 554,834,613 | $ | 569,642,945 | 51632 |
Agency Fund Group | 51633 |
192 | 600-646 | Support Intercept - Federal | $ | 80,000,000 | $ | 82,000,000 | 51634 | ||||
5B6 | 600-601 | Food Stamp Intercept | $ | 5,283,920 | $ | 5,283,920 | 51635 | ||||
583 | 600-642 | Support Intercept - State | $ | 20,162,335 | $ | 20,565,582 | 51636 | ||||
TOTAL AGY Agency Fund Group | $ | 105,446,255 | $ | 107,849,502 | 51637 |
Holding Account Redistribution Fund Group | 51638 |
R12 | 600-643 | Refunds and Audit Settlements | $ | 200,000 | $ | 200,000 | 51639 | ||||
R13 | 600-644 | Forgery Collections | $ | 700,000 | $ | 700,000 | 51640 | ||||
TOTAL 090 Holding Account Redistribution | 51641 | ||||||||||
Fund Group | $ | 900,000 | $ | 900,000 | 51642 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 12,218,918,907 | $ | 12,885,216,753 | 51643 |
Section 62.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL | 51645 |
ASSEMBLY | 51646 |
In addition to other reporting requirements established in | 51647 |
the Revised Code, the Department of Job and Family Services shall, | 51648 |
not later than June 30, 2002, at the request of the Finance and | 51649 |
Appropriations Committee of the House of Representatives, report | 51650 |
to the General Assembly on the department's performance in | 51651 |
carrying out its mission and include in the report at least the | 51652 |
following: the long-term planning and vision for the various | 51653 |
elements of the Department of Job and Family Services, and an | 51654 |
analysis of the fund balances and cash flow in the department's | 51655 |
budget. | 51656 |
Section 62.02. ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER | 51657 |
Each fiscal year, the Director of Budget and Management shall | 51658 |
transfer $3,500,000 in appropriation authority from appropriation | 51659 |
item 600-410, TANF State, to State Special Revenue Fund 5B7 | 51660 |
appropriation item 038-629, TANF Transfer-Treatment, and | 51661 |
$1,500,000 in appropriation authority from appropriation item | 51662 |
600-410, TANF State, to State Special Revenue Fund 5E8 | 51663 |
appropriation item 038-630, TANF Transfer-Mentoring, in the | 51664 |
Department of Alcohol and Drug Addiction Services. The | 51665 |
Department of Alcohol and Drug Addiction Services shall comply | 51666 |
with all TANF reporting requirements and timelines specified by | 51667 |
the Department of Job and Family Services. | 51668 |
Section 62.03. DISABILITY ASSISTANCE | 51669 |
The following schedule shall be used to determine monthly | 51670 |
grant levels in the Disability Assistance Program effective July | 51671 |
1, 2001. | 51672 |
Persons in | 51673 | ||||
Assistance Group | Monthly Grant | 51674 |
1 | $115 | 51675 | |||
2 | 159 | 51676 | |||
3 | 193 | 51677 | |||
4 | 225 | 51678 | |||
5 | 251 | 51679 | |||
6 | 281 | 51680 | |||
7 | 312 | 51681 | |||
8 | 361 | 51682 | |||
9 | 394 | 51683 | |||
10 | 426 | 51684 | |||
11 | 458 | 51685 | |||
12 | 490 | 51686 | |||
13 | 522 | 51687 | |||
14 | 554 | 51688 | |||
For each additional person add | 40 | 51689 |
Section 62.04. ADULT EMERGENCY ASSISTANCE PROGRAM | 51690 |
Appropriations in appropriation item 600-512, Non-TANF | 51691 |
Emergency Assistance, in each fiscal year shall be used for the | 51692 |
Adult Emergency Assistance Program established under section | 51693 |
5101.86 of the Revised Code. | 51694 |
Section 62.05. HEALTH CARE/MEDICAID | 51695 |
The foregoing appropriation item 600-525, Health | 51696 |
Care/Medicaid, shall not be limited by the provisions of section | 51697 |
131.33 of the Revised Code. | 51698 |
Section 62.06. CHILD SUPPORT COLLECTIONS/TANF MOE | 51699 |
The foregoing appropriation item 600-658, Child Support | 51700 |
Collections, shall be used by the Department of Job and Family | 51701 |
Services to meet the TANF maintenance of effort requirements of | 51702 |
Pub. L. No. 104-193. After the state has met the maintenance of | 51703 |
effort requirement, the Department of Job and Family Services may | 51704 |
use funds from appropriation item 600-658 to support public | 51705 |
assistance activities. | 51706 |
Section 62.07. MEDICAID PROGRAM SUPPORT FUND - STATE | 51707 |
The foregoing appropriation item 600-671, Medicaid Program | 51708 |
Support, shall be used by the Department of Job and Family | 51709 |
Services to pay for Medicaid services and contracts. | 51710 |
Section 62.08. HOSPITAL CARE ASSURANCE MATCH FUND | 51711 |
Appropriation item 600-650, Hospital Care Assurance Match, | 51712 |
shall be used by the Department of Job and Family Services in | 51713 |
accordance with division (B) of section 5112.18 of the Revised | 51714 |
Code. | 51715 |
Section 62.09. TANF | 51716 |
TANF COUNTY INCENTIVES | 51717 |
Of the foregoing appropriation item 600-689, TANF Block | 51718 |
Grant, the Department of Job and Family Services may provide | 51719 |
financial incentives to those county departments of job and family | 51720 |
services that have exceeded performance standards adopted by the | 51721 |
state department, and where the board of county commissioners has | 51722 |
entered into a written agreement with the state department under | 51723 |
section 5101.21 of the Revised Code governing the administration | 51724 |
of the county department. Any financial incentive funds provided | 51725 |
pursuant to this division shall be used by the county department | 51726 |
for additional or enhanced services for families eligible for | 51727 |
assistance under Chapter 5107. or benefits and services under | 51728 |
Chapter 5108. of the Revised Code or, on request by the county and | 51729 |
approval by the Department of Job and Family Services, be | 51730 |
transferred to the Child Care and Development Fund or the Social | 51731 |
Services Block Grant. The county departments of job and family | 51732 |
services may retain and expend such funds without regard to the | 51733 |
state or county fiscal year in which the financial incentives were | 51734 |
earned or paid. Each county department of job and family services | 51735 |
shall file an annual report with the Department of Job and Family | 51736 |
Services providing detailed information on the expenditure of | 51737 |
these financial incentives and an evaluation of the effectiveness | 51738 |
of the county department's use of these funds in achieving | 51739 |
self-sufficiency for families eligible for assistance under | 51740 |
Chapter 5107. or benefits and services under Chapter 5108. of the | 51741 |
Revised Code. | 51742 |
TANF YOUTH DIVERSION PROGRAMS | 51743 |
Of the foregoing appropriation item 600-689, TANF Block | 51744 |
Grant, $19,500,000 in each fiscal year shall be allocated by the | 51745 |
Department of Job and Family Services to the counties according to | 51746 |
the allocation formula established in division (D) of section | 51747 |
5101.14 of the Revised Code. Of the funds allocated to each | 51748 |
county, up to half may be used for contract or county-provided | 51749 |
services for unruly and misdemeanant diversionary programs. The | 51750 |
juvenile court in each county shall have a right of first refusal | 51751 |
for the use of these funds for the purpose of juvenile diversion | 51752 |
activities in accordance with the county?s comprehensive joint | 51753 |
service plan, as provided by divisions (C), (D), and (E) of | 51754 |
section 121.37 of the Revised Code. | 51755 |
The remaining funds not allocated for use in juvenile | 51756 |
diversion activities may be used by the county for other contract | 51757 |
or county-provided child welfare services. In counties with | 51758 |
separate departments of job and family services and public | 51759 |
children services agencies, the county department of job and | 51760 |
family services shall serve as a pass through to the public | 51761 |
children services agencies for these funds. Separate public | 51762 |
children services agencies receiving such funds shall comply with | 51763 |
all TANF requirements, including reporting requirements and | 51764 |
timelines, as specified in state and federal laws, federal | 51765 |
regulations, state rules, and the Title IV-A state plan, and are | 51766 |
responsible for payment of any adverse audit finding, final | 51767 |
disallowance of federal financial participation, or other sanction | 51768 |
or penalty issued by the federal government or other entity | 51769 |
concerning these funds. | 51770 |
Of the foregoing $19,500,000 set aside, any funds remaining | 51771 |
unspent on June 30, 2002, shall be carried forward and added to | 51772 |
the earmark for fiscal year 2003, and allocated to the counties | 51773 |
according to the allocation formula established in division (D) of | 51774 |
section 5101.14 of the Revised Code. | 51775 |
KINSHIP NAVIGATORS | 51776 |
Of the foregoing appropriation item 600-689, TANF Block | 51777 |
Grant, up to $3 million in each fiscal year shall be allocated by | 51778 |
the Department of Job and Family Services to county departments of | 51779 |
job and family services for the purpose of making allocations to | 51780 |
local public children services agencies to provide services in the | 51781 |
Kinship Navigation program. The allocation to county departments | 51782 |
of job and family services shall be based on the number of Ohio | 51783 |
works first cases in the county, and the number of children | 51784 |
seventeen years of age or younger in the county. The Department of | 51785 |
Job and Family Services shall develop an appropriate method of | 51786 |
reallocating these funds in each fiscal year among the county | 51787 |
deparments of job and family services, if they would otherwise be | 51788 |
unspent. | 51789 |
TANF EDUCATION | 51790 |
Not later than July 15, 2002, the Director of Budget and | 51791 |
Management shall transfer $35,000,000 in appropriation authority | 51792 |
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to | 51793 |
Fund 3W6, TANF Education, in the Department of Education, which is | 51794 |
created in the State Treasury. The transferred funds shall be | 51795 |
used for the purpose of providing allowable services to | 51796 |
TANF-eligible individuals. | 51797 |
Not later than July 15, 2001, the Director of Budget and | 51798 |
Management shall transfer $76,156,175 from Fund 3V6, TANF Block | 51799 |
Grant, to Fund 3W6, TANF Education, in the Department of | 51800 |
Education. Not later than July 15, 2002, the Director of Budget | 51801 |
and Management shall transfer $98,843,825 from Fund 3V6, TANF | 51802 |
Block Grant, to Fund 3W6, TANF Education, in the Department of | 51803 |
Education. The transferred funds shall be used for the purpose of | 51804 |
providing allowable services to TANF-eligible individuals. The | 51805 |
Department of Education shall comply with all TANF requirements, | 51806 |
including reporting requirements and timelines, as specified in | 51807 |
state and federal laws, federal regulations, state rules, and the | 51808 |
Title IV-A state plan, and is responsible for payment of any | 51809 |
adverse audit finding, final disallowance of federal financial | 51810 |
participation, or other sanction or penalty issued by the federal | 51811 |
government or other entity concerning these funds. | 51812 |
TANF ADULT LITERACY AND CHILD READING PROGRAMS | 51813 |
From the foregoing appropriation item 600-689, TANF Block | 51814 |
Grant, up to $5,000,000 in each fiscal year shall be used to | 51815 |
support local adult literacy and child reading programs. | 51816 |
TALBERT HOUSE | 51817 |
In each fiscal year, the Director of Job and Family Services | 51818 |
shall provide $100,500 from appropriation item 600-689, TANF Block | 51819 |
Grant, to the Hamiliton County Department of Job and Family | 51820 |
Services to contract with the Talbert House for the purpose of | 51821 |
providing allowable servcies to TANF-eligible individuals. The | 51822 |
Hamilton County Department of Job and Family Services and the | 51823 |
Talbert House shall agree on reporting requirements that meet all | 51824 |
TANF reporting requirements and timelines specified by the | 51825 |
Department of Job and Family Services to be incorporated into the | 51826 |
contract. | 51827 |
DYS COMPREHENSIVE STRATEGIES | 51828 |
No later than July 15, 2001, the Director of Budget and | 51829 |
Management shall transfer $5,000,000 in appropriation authority | 51830 |
from appropriation item 600-689, TANF Block Grant, to Federal | 51831 |
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer | 51832 |
- Comprehensive Strategies, in the Department of Youth Services. | 51833 |
These funds shall be used by the Department of Youth Services to | 51834 |
make grants to local communities to establish models of | 51835 |
inter-system collaboration to prevent children from entering the | 51836 |
juvenile justice system. In making the grants, the Department of | 51837 |
Youth Services shall require that grantees use the funds only to | 51838 |
plan, develop, or enhance collaborative models. Funds provided to | 51839 |
grantees may not be used for any type of direct or purchased | 51840 |
services. The Department of Youth Services shall comply with all | 51841 |
TANF requirements, including reporting requirements and timelines, | 51842 |
as specified in state and federal laws, federal regulations, state | 51843 |
rules, and the Title IV-A state plan, and is responsible for | 51844 |
payment of any adverse audit finding, final disallowance of | 51845 |
federal financial participation, or other sanction or penalty | 51846 |
issued by the federal government or other entity concerning these | 51847 |
funds. | 51848 |
TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER | 51849 |
PROGRAM | 51850 |
No later than July 15, 2001, the Director of Budget and | 51851 |
Management shall transfer $5,200,000 in appropriation authority | 51852 |
from appropriation item 600-689, TANF Block Grant, to | 51853 |
appropriation item 195-497, CDBG Operating Match, in the | 51854 |
Department of Development. No later than July 15, 2002, the | 51855 |
Director of Budget and Management shall transfer $6,500,000 in | 51856 |
appropriation authority from appropriation item 600-689, TANF | 51857 |
Block Grant, to appropriation item 195-497, CDBG Operating Match, | 51858 |
in the Department of Development. These funds shall be used to | 51859 |
provide supportive services for low-income families related to | 51860 |
housing or homelessness, including housing counseling; to provide | 51861 |
grants to nonprofit organizations to assist families with incomes | 51862 |
at or below 200 per cent of the federal poverty guidelines with | 51863 |
down-payment assistance for homeownership, including the purchase | 51864 |
of mobile homes; to provide emergency home repair funding for | 51865 |
families with incomes at or below 200 per cent of the federal | 51866 |
poverty guidelines; to provide operating support for family | 51867 |
emergency shelter programs; and to provide emergency rent and | 51868 |
mortgage assistance for families with incomes at or below 200 per | 51869 |
cent of the federal poverty guidelines. The funds shall not be | 51870 |
used to match federal funds. The Department of Development shall | 51871 |
comply with all TANF requirements, including reporting | 51872 |
requirements and timelines, as specified in state and federal | 51873 |
laws, federal regulations, state rules, and the Title IV-A state | 51874 |
plan, and is responsible for payment of any adverse audit finding, | 51875 |
final disallowance of federal financial participation, or other | 51876 |
sanction or penalty issued by the federal government or other | 51877 |
entity concerning these funds. | 51878 |
TANF FAMILY PLANNING | 51879 |
The Director of Budget and Management shall transfer by | 51880 |
intrastate voucher, no later than the fifteenth day of July of | 51881 |
each fiscal year, cash from the General Revenue Fund, | 51882 |
appropriation item 600-410, TANF State, to General Services Fund | 51883 |
5C1 in the Department of Health, in an amount of $250,000 in each | 51884 |
fiscal year for the purpose of family planning services for | 51885 |
children or their families whose income is at or below 200 per | 51886 |
cent of the official poverty guideline. | 51887 |
TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS | 51888 |
From the foregoing appropriation items 600-410, TANF State; | 51889 |
600-658, Child Support Collections; or 600-689, TANF Block Grant, | 51890 |
or a combination of these appropriation items, no less than | 51891 |
$369,040,735 in each fiscal year shall be allocated to county | 51892 |
departments of job and family services as follows: | 51893 |
County Allocations | $276,586,957 | 51894 | ||||
WIA Supplement | $35,109,178 | 51895 | ||||
Early Start - Statewide | $38,034,600 | 51896 | ||||
Transportation | $5,000,000 | 51897 | ||||
County Training | $3,050,000 | 51898 | ||||
Adult Literacy and Child | 51899 | |||||
Reading Programs | $5,000,000 | 51900 | ||||
Disaster Relief | $5,000,000 | 51901 | ||||
School Readiness Centers | $1,260,000 | 51902 |
Upon the request of the Department of Job and Family | 51903 |
Services, the Director of Budget and Management may seek | 51904 |
Controlling Board approval to increase appropriations in | 51905 |
appropriation item 600-689, TANF Block Grant, provided sufficient | 51906 |
Federal TANF Block Grant funds exist to do so, without any | 51907 |
corresponding decrease in other appropriation items. The | 51908 |
Department of Job and Family Services shall provide the Office of | 51909 |
Budget and Management and the Controlling Board with documentation | 51910 |
to support the need for the increased appropriation. | 51911 |
All transfers of moneys from or charges against TANF Federal | 51912 |
Block Grant awards for use in the Social Services Block Grant or | 51913 |
the Child Care and Development Block Grant from either unobligated | 51914 |
prior year appropriation authority in appropriation item 400-411, | 51915 |
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or | 51916 |
from fiscal year 2002 and fiscal year 2003 appropriation authority | 51917 |
in item 600-689, TANF Block Grant, shall be done ten days after | 51918 |
the Department of Job and Family Services gives written notice to | 51919 |
the Office of Budget and Management. The Department of Job and | 51920 |
Family Services shall first provide the Office of Budget and | 51921 |
Management with documentation to support the need for such | 51922 |
transfers or charges for use in the Social Services Block Grant or | 51923 |
in the Child Care Development Block Grant. | 51924 |
The Department of Job and Family Services shall in each | 51925 |
fiscal year of the biennium transfer the maximum amount of funds | 51926 |
from the federal TANF Block Grant to the federal Social Services | 51927 |
Block Grant as permitted under federal law. Not later than July | 51928 |
15, 2001, the Director of Budget and Management shall transfer | 51929 |
$60,000,000 in receipts from TANF Block Grant funds that have been | 51930 |
credited to the Social Services Block Grant to State Special | 51931 |
Revenue Fund 5Q8, in the Office of Budget and Management. Not | 51932 |
later than June 1, 2002, the Director of Budget and Management | 51933 |
shall determine the amount of funds in State Special Revenue Fund | 51934 |
XXX that is needed for the purpose of balancing the General | 51935 |
Revenue Fund, and may transfer that amount to the General Revenue | 51936 |
Fund. That amount is hereby appropriated. Any moneys remaining in | 51937 |
State Special Revenue Fund 5Q8 on June 15, 2002, shall be | 51938 |
transferred not later than June 20, 2002 to Fund 3V6, TANF Block | 51939 |
Grant, in the Department of Job and Family Services. Not later | 51940 |
than July 15, 2002, the Director of Budget and Management shall | 51941 |
transfer to State Special Revenue Fund 5Q8, from Fund 3V6 in the | 51942 |
Department of Job and Family Services, the amount of funds that | 51943 |
remained in Special Revenue Fund 5Q8 on June 15, 2002, and that | 51944 |
were transferred to Fund 3V6. Not later than June 1, 2003, the | 51945 |
Director of Budget and Management shall determine the amount of | 51946 |
funds in State Special Revenue Fund 5Q8 that is needed for the | 51947 |
purpose of balancing the General Revenue Fund, and may transfer | 51948 |
that amount to the General Revenue Fund. That amount is hereby | 51949 |
appropriated. Any moneys remaining in State Special Revenue Fund | 51950 |
5Q8 on June 15, 2003, shall be transferred not later than June 20, | 51951 |
2003, to Fund 3V6, TANF Block Grant, in the Department of Job and | 51952 |
Family Services. | 51953 |
Before the thirtieth day of September of each fiscal year, | 51954 |
the Department of Job and Family Services shall file claims with | 51955 |
the United States Department of Health and Human Services for | 51956 |
reimbursement for all allowable expenditures for services provided | 51957 |
by the Department of Job and Family Services, or other agencies | 51958 |
that may qualify for Social Services Block Grant funding pursuant | 51959 |
to Title XX of the Social Security Act. The Department of Job and | 51960 |
Family Services shall deposit, during each fiscal year, into Fund | 51961 |
5E6, State Option Food Stamps, $6 million, into Fund 5P4, TANF | 51962 |
Child Welfare, $7.5 million, into Fund 3W5, Health Care Services, | 51963 |
$500,000, into Fund 3W8, Hippy Program, $62,500, and into Fund | 51964 |
3W9, Adoption Connection, $50,000 and deposit in fiscal year 2002, | 51965 |
into Fund 3W2, Title XX Vocational Rehabilitation, $600,000, and | 51966 |
into Fund 3W3, Adult Special Needs, $2,920,227 and deposit in | 51967 |
fiscal year 2003, into Fund 3W2, Title XX Vocational | 51968 |
Rehabilitation, $897,052, and into Fund 3W3, Adult Special Needs, | 51969 |
$6,520,227 in receipts from TANF Block Grant funds credited to the | 51970 |
Social Services Block Grant. On verification of the receipt of | 51971 |
the above revenue, the funds provided by these transfers shall be | 51972 |
used as follows: | 51973 |
Fund 5E6 | 51974 | ||||
Second Harvest Food Bank | $4,500,000 | 51975 | |||
Child Nutrition Services | $900,000 | 51976 | |||
Ohio Alliance of Boys and Girls Clubs | $600,000 | 51977 |
Fund 5P4 | 51978 | ||||
Support and Expansion for PCSA Activities | $5,500,000 | 51979 | |||
Pilot Projects for Violent and Aggressive Youth | $2,000,000 | 51980 |
Fund 3W2 | 51981 | ||||
Title XX Vocational Rehabilitation in fiscal year 2002 | $600,000 | 51982 | |||
Title XX Vocational Rehabilitation in fiscal year 2003 | $897,052 | 51983 |
Fund 3W3 | 51984 | ||||
Adult Protective Services in fiscal year 2002 | $120,227 | 51985 | |||
Adult Protective Services in fiscal year 2003 | $120,227 | 51986 | |||
Non-TANF Adult Assistance in fiscal year 2002 | $1,000,000 | 51987 | |||
Non-TANF Adult Assistance in fiscal year 2003 | $1,000,000 | 51988 | |||
Community-Based Correctional Facilities in fiscal year 2002 | $1,800,000 | 51989 | |||
Community-Based Correctional Facilities in fiscal year 2003 | $5,400,000 | 51990 |
Fund 3W5 | 51991 | ||||
Abstinence-only Education | $500,000 | 51992 |
Fund 3W8 | 51993 | ||||
Hippy Program | $62,500 | 51994 |
Fund 3W9 | 51995 | ||||
Adoption Connection | $50,000 | 51996 |
WELLNESS | 51997 |
The foregoing appropriation item 600-690, Wellness, shall be | 51998 |
used by county departments of job and family services for teen | 51999 |
pregnancy prevention programming. Local contracts shall be | 52000 |
developed between county departments of job and family services | 52001 |
and local family and children first councils for the | 52002 |
administration of TANF funding for this program. | 52003 |
Section 62.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS | 52004 |
The Department of Job and Family Services may use up to | 52005 |
$4,500,000 of appropriation item 600-634, State Options Food | 52006 |
Stamps (Fund 5E6), in each fiscal year of the biennium to support | 52007 |
expenditures to the Ohio Association of Second Harvest Food Banks | 52008 |
pursuant to the following criteria. | 52009 |
As used in this section, "federal poverty guidelines" has the | 52010 |
same meaning as in section 5101.46 of the Revised Code. | 52011 |
The Department of Job and Family Services shall provide an | 52012 |
annual grant of $4,500,000 in each of the fiscal years 2002 and | 52013 |
2003 to the Ohio Association of Second Harvest Food Banks. In | 52014 |
each fiscal year, the Ohio Association of Second Harvest Food | 52015 |
Banks shall use $2,500,000 for the purchase of food products for | 52016 |
the Ohio Food Program, of which up to $105,000 may be used for | 52017 |
food storage and transport, and shall use $2,000,000 for the | 52018 |
Agricultural Surplus Production Alliance Project. Funds provided | 52019 |
for the Ohio Food Program shall be used to purchase food products | 52020 |
and distribute those food products to agencies participating in | 52021 |
the emergency food distribution program. No funds provided | 52022 |
through this grant may be used for administrative expenses other | 52023 |
than funds provided for food storage and transport. As soon as | 52024 |
possible after entering into a grant agreement at the beginning of | 52025 |
the fiscal year, the Department of Job and Family Services shall | 52026 |
distribute the grant funds in one single payment. The Ohio | 52027 |
Association of Second Harvest Food Banks shall develop a plan for | 52028 |
the distribution of the food products to local food distribution | 52029 |
agencies. Agencies receiving these food products shall ensure | 52030 |
that individuals and families who receive any of the food products | 52031 |
purchased with these funds have an income at or below 150 per cent | 52032 |
of the federal poverty guidelines. The Department of Job and | 52033 |
Family Services and the Ohio Association of Second Harvest Food | 52034 |
Banks shall agree on reporting requirements to be incorporated | 52035 |
into the grant agreement. | 52036 |
The Ohio Association of Second Harvest Food Banks shall | 52037 |
return any fiscal year 2002 funds from this grant remaining | 52038 |
unspent on June 30, 2002, to the Department of Job and Family | 52039 |
Services no later than November 1, 2002. The Ohio Association of | 52040 |
Second Harvest Food Banks shall return any fiscal year 2003 funds | 52041 |
from this grant remaining unspent on June 30, 2003, to the | 52042 |
Department no later than November 1, 2003. | 52043 |
Section 62.11. CHILD NUTRITION SERVICES | 52044 |
The Department of Job and Family Services may use up to | 52045 |
$900,000 in each fiscal year of appropriation item 600-634, State | 52046 |
Option Food Stamps(Fund 5E6), to support Child Nutrition Services | 52047 |
in the Department of Education. As soon as possible after the | 52048 |
effective date of this section, the Department of Job and Family | 52049 |
Services shall enter into an interagency agreement with the | 52050 |
Department of Education to reimburse the 19 pilot programs that | 52051 |
provide nutritional evening meals to adolescents 13 through 18 | 52052 |
years of age participating in educational or enrichment activities | 52053 |
at youth development centers. Such funds shall not be used as | 52054 |
matching funds. Eligibility and reporting guidelines shall be | 52055 |
detailed in the interagency agreement. | 52056 |
OHIO ALLIANCE OF BOYS AND GIRLS CLUBS | 52057 |
Of the foregoing appropriation item 600-634, State Option | 52058 |
Food Stamps (Fund 5E6), the Department of Job and Family Services | 52059 |
shall use up to $600,000 in each fiscal year to support | 52060 |
expenditures of the Ohio Alliance of Boys and Girls Clubs to | 52061 |
provide nutritional meals, snacks, and educational and enrichment | 52062 |
services, including tutoring, homework assistance, and | 52063 |
standardized achievement test preparation, to children | 52064 |
participating in programs and activities operated by eligible Boys | 52065 |
and Girls Clubs. The Ohio Alliance of Boys and Girls Clubs shall | 52066 |
provide allowable services to Title XX eligible children. | 52067 |
As soon as possible after entering into a grant agreement at | 52068 |
the beginning of the fiscal year, the Department of Job and Family | 52069 |
Services shall distribute the grant funds in one single payment. | 52070 |
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal | 52071 |
year 2002 funds from this grant remaining unspent on June 30, | 52072 |
2002, to the Department of Job and Family Services not later than | 52073 |
November 1, 2002. The Ohio Alliance of Boys and Girls Clubs shall | 52074 |
return any fiscal year 2003 funds from this grant remaining | 52075 |
unspent on June 30, 2003, to the Department of Job and Family | 52076 |
Services not later than November 1, 2003. | 52077 |
Section 62.12. PRESCRIPTION DRUG REBATE FUND | 52078 |
The foregoing appropriation item 600-692, Health Care | 52079 |
Services, shall be used by the Department of Job and Family | 52080 |
Services in accordance with section 5111.081 of the Revised Code. | 52081 |
Section 62.13. ODJFS FUNDS | 52082 |
AGENCY FUND GROUP | 52083 |
The Agency Fund Group shall be used to hold revenues until | 52084 |
the appropriate fund is determined or until they are directed to | 52085 |
the appropriate governmental agency other than the Department of | 52086 |
Job and Family Services. If it is determined that additional | 52087 |
appropriation authority is necessary, such amounts are | 52088 |
appropriated. | 52089 |
HOLDING ACCOUNT REDISTRIBUTION GROUP | 52090 |
The foregoing appropriation items 600-643, Refunds and Audit | 52091 |
Settlements, and 600-644, Forgery Collections, Holding Account | 52092 |
Redistribution Fund Group, shall be used to hold revenues until | 52093 |
they are directed to the appropriate accounts or until they are | 52094 |
refunded. If it is determined that additional appropriation | 52095 |
authority is necessary, such amounts are appropriated. | 52096 |
Section 62.14. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF | 52097 |
JOB AND FAMILY SERVICES | 52098 |
Using the foregoing appropriation items 600-504, Non-TANF | 52099 |
County Administration; 600-610, Food Stamps and State | 52100 |
Administration; 600-410, TANF State; 600-689, TANF Block Grant; | 52101 |
600-620, Social Services Block Grant; 600-552, County Social | 52102 |
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617, | 52103 |
Day Care Federal; 600-534, Adult Protective Services; and 600-614, | 52104 |
Refugees Services, the Department of Job and Family Services may | 52105 |
establish a single allocation for county departments of job and | 52106 |
family services that are subject to a partnership agreement | 52107 |
between a board of county commissioners and the department under | 52108 |
section 5101.21 of the Revised Code. The county department is not | 52109 |
required to use all the money from one or more of the | 52110 |
appropriation items listed in this paragraph for the purpose for | 52111 |
which the specific appropriation item is made so long as the | 52112 |
county department uses the money for a purpose for which at least | 52113 |
one of the other of those appropriation items is made. The county | 52114 |
department may not use the money in the allocation for a purpose | 52115 |
other than a purpose any of those appropriation items are made. If | 52116 |
the spending estimates used in establishing the single allocation | 52117 |
are not realized and the county department uses money in one or | 52118 |
more of those appropriation items in a manner for which federal | 52119 |
financial participation is not available, the department shall use | 52120 |
state funds available in one or more of those appropriation items | 52121 |
to ensure that the county department receives the full amount of | 52122 |
its allocation. The single allocation is the maximum amount the | 52123 |
county department shall receive from those appropriation items. | 52124 |
ADULT PROTECTIVE SERVICES | 52125 |
The foregoing appropriation item 600-695, Adult Protective | 52126 |
Services, shall be used to provide adult protective services in | 52127 |
accordance with section 5101.62 of the Revised Code. | 52128 |
NON-TANF ADULT ASSISTANCE | 52129 |
The foregoing appropriation item 600-696, Non-TANF Adult | 52130 |
Assistance, shall be used to provide funding for the Adult | 52131 |
Emergency Assistance Program in accordance with section 5101.86 of | 52132 |
the Revised Code. | 52133 |
HIPPY PROGRAM | 52134 |
The Department of Job and Family Services may use up to | 52135 |
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8), | 52136 |
in each fiscal year to support expenditures to the Hippy Program | 52137 |
in Hamilton County. The Department of Job and Family Services and | 52138 |
the Hippy Program shall agree on reporting requirements to be | 52139 |
incorporated into the grant agreement. | 52140 |
ADOPTION CONNECTION | 52141 |
The Department of Job and Family Services may use up to | 52142 |
$62,500 of appropriation item 600-640, Adoption Connection (Fund | 52143 |
3W9), in each fiscal year to support expenditures to the Adoption | 52144 |
Connection Program in Hamilton County. The Department of Job and | 52145 |
Family Services and the Adoption Connection Program shall agree on | 52146 |
reporting requirements to be incorporated into the grant | 52147 |
agreement. | 52148 |
Section 62.15. TRANSFER OF FUNDS | 52149 |
The Department of Job and Family Services shall transfer | 52150 |
through intrastate transfer vouchers, cash from State Special | 52151 |
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and | 52152 |
Community-Based Services, in the Ohio Department of Mental | 52153 |
Retardation and Developmental Disabilities. The sum of the | 52154 |
transfers shall equal $12,783,463 in fiscal year 2002 and | 52155 |
$13,039,133 in fiscal year 2003. The transfer may occur on a | 52156 |
quarterly basis or on a schedule developed and agreed to by both | 52157 |
departments. | 52158 |
The Department of Job and Family Services shall transfer, | 52159 |
through intrastate transfer vouchers, cash from the State Special | 52160 |
Revenue Fund 4J5, Home and Community-Based Services for the Aged, | 52161 |
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the | 52162 |
transfers shall be equal to the amounts appropriated in fiscal | 52163 |
year 2002 and fiscal year 2003 in appropriation item 490-610, | 52164 |
PASSPORT/Residential State Supplement. The transfer may occur on | 52165 |
a quarterly basis or on a schedule developed and agreed to by both | 52166 |
departments. | 52167 |
TRANSFERS OF IMD/DSH CASH | 52168 |
The Department of Job and Family Services shall transfer, | 52169 |
through intrastate transfer voucher, cash from fund 5C9, Medicaid | 52170 |
Program Support, to the Department of Mental Health's Fund 4X5, | 52171 |
OhioCare, in accordance with an interagency agreement which | 52172 |
delegates authority from the Department of Job and Family Services | 52173 |
to the Department of Mental Health to administer specified | 52174 |
Medicaid services. | 52175 |
Section 62.16. CONSOLIDATION OF STATE GRANTS | 52176 |
With the consent of a county, the Department of Job and | 52177 |
Family Services may combine into a single and consolidated grant | 52178 |
of state aid, funds that would otherwise be provided to that | 52179 |
county pursuant to the operation of section 5101.14 of the Revised | 52180 |
Code and other funds that would otherwise be provided to that | 52181 |
county for the purpose of providing kinship care. In fiscal year | 52182 |
2003, the grant shall also include unspent funds remaining from | 52183 |
any grant provided to the county under this section in fiscal year | 52184 |
2002. | 52185 |
Funds contained in any such consolidation grant shall not be | 52186 |
subject to either statutory or administrative rules that would | 52187 |
otherwise govern allowable uses from such funds, except that such | 52188 |
funds shall continue to be used by the county to meet the expenses | 52189 |
of its children services program under Chapter 5153. of the | 52190 |
Revised Code. Funds contained in a consolidation grant shall be | 52191 |
paid to each county within thirty days after the beginning of each | 52192 |
calendar quarter. Funds provided to a county under this section | 52193 |
shall be deposited in the children services fund, established in | 52194 |
section 5101.144 of the Revised Code, and shall be used for no | 52195 |
other purpose than to meet the expenses of the children services | 52196 |
program. Within ninety days after the end of fiscal year 2003, | 52197 |
each county shall return to the Department of Job and Family | 52198 |
Services any unspent balance in the consolidated grant, unless | 52199 |
this section is renewed for a subsequent period of time. | 52200 |
Section 62.17. EMPLOYER SURCHARGE | 52201 |
The surcharge and the interest on the surcharge amounts due | 52202 |
for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 52203 |
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 52204 |
118th General Assembly, and section 4141.251 of the Revised Code | 52205 |
as it existed prior to Sub. H.B. 478 of the 122nd General | 52206 |
Assembly, again shall be assessed and collected by, accounted for, | 52207 |
and made available to the Department of Job and Family Services in | 52208 |
the same manner as set forth in section 4141.251 of the Revised | 52209 |
Code as it existed prior to Sub. H.B. 478 of the 122nd General | 52210 |
Assembly, notwithstanding the repeal of the surcharge for calendar | 52211 |
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General | 52212 |
Assembly, except that amounts received by the Director on or after | 52213 |
July 1, 2001, shall be deposited into the special administrative | 52214 |
fund established pursuant to section 4141.11 of the Revised Code. | 52215 |
Effective July 1, 2001, the balance of the unemployment | 52216 |
compensation surcharge trust funds created in custody of the | 52217 |
Treasurer of State pursuant to section 4141.251 of the Revised | 52218 |
Code shall be transferred into the special administrative fund | 52219 |
established pursuant to section 4141.11 of the Revised Code. | 52220 |
Section 62.18. OHIO ACCESS SUCCESS PROJECT | 52221 |
(A) As used in this section, "nursing facility" has the same | 52222 |
meaning as in section 5111.20 of the Revised Code. | 52223 |
(B) To the extent funds are available as provided in this | 52224 |
act, the Director of Job and Family Services may establish the | 52225 |
Ohio Access Success Project to help Medicaid recipients make the | 52226 |
transition from residing in a nursing facility to residing in a | 52227 |
community setting. If the Director establishes the Project, the | 52228 |
Director shall provide one-time benefits to not more than | 52229 |
seventy-five Medicaid recipients in fiscal year 2002 and not more | 52230 |
than one hundred twenty-five Medicaid recipients in fiscal year | 52231 |
2003. To be eligible for benefits under the Project, a Medicaid | 52232 |
recipient must satisfy all of the following requirements: | 52233 |
(1) At the time of applying for the benefits, be a recipient | 52234 |
of Medicaid-funded nursing facility care; | 52235 |
(2) Have resided continuously in a nursing facility since at | 52236 |
least January 1, 2000; | 52237 |
(3) Need the level of care provided by nursing facilities; | 52238 |
(4) Need benefits whose projected cost does not exceed | 52239 |
eighty per cent of the average monthly Medicaid cost of individual | 52240 |
Medicaid recipients' nursing facility care. | 52241 |
(C) If the Director of Job and Family Services establishes | 52242 |
the Ohio Access Success Project, the benefits provided under the | 52243 |
Project may include payment of all of the following: | 52244 |
(1) The first month's rent in a community setting; | 52245 |
(2) Rental deposits; | 52246 |
(3) Utility deposits; | 52247 |
(4) Moving expenses; | 52248 |
(5) Other expenses not covered by the Medicaid program that | 52249 |
facilitate a Medicaid recipient's move from a nursing facility to | 52250 |
a community setting. | 52251 |
(D) No person may receive more than two thousand dollars | 52252 |
worth of benefits under the Ohio Access Success Project. | 52253 |
Section 62.19. FUNDING FOR HABILITATIVE SERVICES | 52254 |
Notwithstanding any limitations contained in sections 5112.31 | 52255 |
and 5112.37 of the Revised Code, in each fiscal year, cash from | 52256 |
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess | 52257 |
of the amounts needed for transfers to Fund 4K8 may be used by the | 52258 |
Department of Job and Family Services to cover costs of care | 52259 |
provided to participants in the Ohio Home Care Waiver or in a | 52260 |
waiver administered by the Department under the section titled | 52261 |
"Waiver Redesign". Expenses to be paid from this fund by the | 52262 |
Department of Job and Family Services shall be limited to costs | 52263 |
for habilitative services for individuals who are not determined | 52264 |
to be eligible for county board of MR/DD services, and who require | 52265 |
a level of care that is routinely provided through intermediate | 52266 |
care facilities for the mentally retarded or through ICF/MR | 52267 |
waivers administered by the Department of Mental Retardation and | 52268 |
Developmental Disabilities. | 52269 |
Section 62.20. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND | 52270 |
THE OHIO ACCESS SUCCESS PROJECT | 52271 |
Notwithstanding any limitations in sections 3721.51 and | 52272 |
3721.56 of the Revised Code, in each fiscal year, cash from the | 52273 |
State Special Revenue Fund 4J5, Home and Community-Based Services | 52274 |
for the Aged, in excess of the amounts needed for the transfers | 52275 |
may be used by the Department of Job and Family Services for the | 52276 |
following purposes: (A) up to $1.0 million in each fiscal year to | 52277 |
fund the state share of audits of Medicaid cost reports filed with | 52278 |
the Department of Job and Family Services by nursing facilities | 52279 |
and intermediate care facilities for the mentally retarded; and | 52280 |
(B) up to $150,000 in fiscal year 2002 and up to $250,000 in | 52281 |
fiscal year 2003 to provide one-time transitional benefits under | 52282 |
the Ohio Access Success Project that the Director of Job and | 52283 |
Family Services may establish under the section of this act titled | 52284 |
"Ohio Access Success Project." | 52285 |
Section 62.21. MR/DD WAIVER REDESIGN | 52286 |
(A) The Director of Job and Family Services may submit a | 52287 |
request to the United States Secretary of Health and Human | 52288 |
Services pursuant to section 1915 of the "Social Security Act," 79 | 52289 |
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a | 52290 |
Medicaid home and community-based services waiver program, or | 52291 |
modify a current Medicaid home and community-based services waiver | 52292 |
program, to serve individuals with mental retardation or a | 52293 |
developmental disability who meet all of the following | 52294 |
requirements: | 52295 |
(1) Need the level of care provided by intermediate care | 52296 |
facilities for the mentally retarded; | 52297 |
(2) Need habilitation services; | 52298 |
(3) Are enrolled in the Ohio Home Care Waiver Program on | 52299 |
June 30, 2001; | 52300 |
(4) Are transferred from the Ohio Home Care Waiver Program to | 52301 |
the new or modified home and community-based services waiver | 52302 |
program. | 52303 |
(B) If the United States Secretary of Health and Human | 52304 |
Services grants a waiver request submitted under division (A) of | 52305 |
this section, the Director of Job and Family Services may create a | 52306 |
new, or modify an existing, home and community-based services | 52307 |
waiver program in accordance with the waiver. The new or modified | 52308 |
waiver program shall specify the maximum amount that the program | 52309 |
may spend per individual enrolled in the program. | 52310 |
(C) The Director of Job and Family Services may reduce the | 52311 |
maximum number of individuals the Ohio Home Care Waiver Program | 52312 |
may serve by the number of individuals transferred from that | 52313 |
program to the new or modified home and community-based services | 52314 |
waiver program provided for by this section. | 52315 |
(D) The Department of Job and Family Services may | 52316 |
administer the new or modified home and community-based services | 52317 |
waiver program provided for by this section or enter into an | 52318 |
interagency agreement with the Department of Mental Retardation | 52319 |
and Developmental Disabilities to administer the waiver program | 52320 |
under the Department of Job and Family Services' supervision. Such | 52321 |
interagency agreement shall specify the maximum number of | 52322 |
individuals who may be transferred from the Ohio Home Care Waiver | 52323 |
Program to the new, or modified, waiver program and the estimated | 52324 |
cost of services under the new, or modified, waiver program to the | 52325 |
transferred individuals. The departments may not enter into the | 52326 |
interagency agreement without approval of the Director of Budget | 52327 |
and Management. If the departments enter into the interagency | 52328 |
agreement, the Director of Budget and Management may reduce the | 52329 |
amount of the appropriation in line item 600-525, Health | 52330 |
Care/Medicaid, by the estimated cost specified in the interagency | 52331 |
agreement. If the Director makes the reduction, the state share | 52332 |
of the estimated costs are appropriated to the Department of | 52333 |
Mental Retardation and Developmental Disabilities in a new | 52334 |
appropriation item that shall be established for this purpose. The | 52335 |
Director of Budget and Management may increase the appropriation | 52336 |
in appropriation item 322-639, Medicaid Waiver, by the | 52337 |
corresponding non-GRF federal share of the estimated costs. | 52338 |
Section 62.22. MEDICALLY FRAGILE WAIVER REDESIGN | 52339 |
(A) The Director of Job and Family Services may submit a | 52340 |
request to the United States Secretary of Health and Human | 52341 |
Services pursuant to section 1915 of the "Social Security Act," 79 | 52342 |
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a | 52343 |
Medicaid home and community-based services waiver program, or | 52344 |
modify a current Medicaid home and community-based services waiver | 52345 |
program, to serve medically fragile individuals who meet all of | 52346 |
the following requirements: | 52347 |
(1) Need a skilled level of care as defined in rule | 52348 |
5101:3-3-05 of the Administrative Code; | 52349 |
(2) Are enrolled in the Ohio Home Care Waiver Program on June | 52350 |
30, 2001, or, as limited by division (D) of this section, after | 52351 |
that date; | 52352 |
(3) Are transferred from the Ohio Home Care Waiver Program | 52353 |
to the new or modified home and community-based services waiver | 52354 |
program. | 52355 |
(B) If the United States Secretary of Health and Human | 52356 |
Services grants a waiver request submitted under division (A) of | 52357 |
this section, the Director of Job and Family Services may create a | 52358 |
new, or modify an existing, home and community-based services | 52359 |
waiver program in accordance with the waiver. The new or modified | 52360 |
waiver program shall specify the maximum amount that the program | 52361 |
may spend per individual enrolled in the program. The Department | 52362 |
of Job and Family Services shall administer the waiver program. | 52363 |
(C) The Director of Job and Family Services may reduce the | 52364 |
maximum number of individuals the Ohio Home Care Waiver Program | 52365 |
may serve by the number of individuals transferred from that | 52366 |
program to the new or modified home and community-based services | 52367 |
waiver program provided for by this section. | 52368 |
(D) No more than a number, approved by the Director of | 52369 |
Budget and Management, of individuals who enroll in the Ohio Home | 52370 |
Care Waiver Program after June 30, 2001, may transfer to the new | 52371 |
or modified waiver program provided for by this section. | 52372 |
Section 62.23. MEDICAID WAIVER | 52373 |
(A) With the assistance of the Department of Mental Health | 52374 |
and after consulting with community mental health facilities that | 52375 |
provide mental health services included in the state Medicaid plan | 52376 |
pursuant to section 5111.022 of the Revised Code, the Department | 52377 |
of Job and Family Services shall develop and submit to the Health | 52378 |
Care Financing Administration of the United States Department of | 52379 |
Health and Human Services an application for a waiver under which | 52380 |
any of the federal Medicaid statutes and regulations that are | 52381 |
subject to being waived may be waived as necessary for purposes of | 52382 |
better ensuring both of the following: | 52383 |
(1) That Medicaid coverage and payment methods for mental | 52384 |
health services provided under section 5111.022 of the Revised | 52385 |
Code are consistent with the service priorities established | 52386 |
pursuant to Chapters 340. and 5119. of the Revised Code; | 52387 |
(2) That the services provided under section 5111.022 of the | 52388 |
Revised Code can be provided in a manner that maximizes the | 52389 |
effectiveness of resources available to the Department of Mental | 52390 |
Health and boards of alcohol, drug addiction, and mental health | 52391 |
services. | 52392 |
(B) The actions taken by the Department of Mental Health and | 52393 |
Department of Job and Family Services to develop and submit the | 52394 |
application for the waiver specified in division (A) of this | 52395 |
section shall be taken in a manner that allows the provisions of | 52396 |
the waiver to be implemented not later than July 1, 2002. | 52397 |
Section 62.24. REFUND OF SETS PENALTY | 52398 |
The Department of Job and Family Services shall notify the | 52399 |
Controlling Board immediately on receipt of any refunds for | 52400 |
penalties that were paid directly or indirectly by the state for | 52401 |
the Support Enforcement Tracking System (SETS). Any and all | 52402 |
refunds received for such penalties shall be deposited in their | 52403 |
entirety to the General Revenue Fund. | 52404 |
Section 62.25. As used in this section, "Medicaid waiver | 52405 |
component" has the same meaning as in section 5111.85 of the | 52406 |
Revised Code. | 52407 |
A rule adopted by the Director of Job and Family Services | 52408 |
governing a Medicaid waiver component that is in effect on the | 52409 |
effective date of this section shall remain in effect until | 52410 |
amended or rescinded as part of the adoption of rules under | 52411 |
section 5111.85 of the Revised Code. | 52412 |
Section 62.26. The Health Care Compliance Fund created by | 52413 |
section 5111.171 of the Revised Code is the same fund as the | 52414 |
Health Care Compliance Fund created by the Controlling Board in | 52415 |
October 1998. | 52416 |
Section 62.27. Not later than October 31, 2001, the Director | 52417 |
of Job and Family Services shall submit to the United States | 52418 |
Secretary of Health and Human Services an amendment to the state | 52419 |
Medicaid Plan to provide for the Department of Job and Family | 52420 |
Services to continue the Program of All-Inclusive Care for the | 52421 |
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The | 52422 |
Director may submit to the United States Secretary a request to | 52423 |
transfer the day-to-day administration of PACE to the Department | 52424 |
of Aging. If the United States Secretary approves the amendment, | 52425 |
the Directors of Job and Family Services and Aging may enter into | 52426 |
an interagency agreement under section 5111.86 of the Revised Code | 52427 |
to transfer responsibility for the day-to-day administration of | 52428 |
PACE from the Department of Job and Family Services to the | 52429 |
Department of Aging. The interagency agreement is subject to the | 52430 |
approval of the Director of Budget and Management and shall | 52431 |
include an estimated cost of services to be provided under PACE. | 52432 |
If the Directors of Job and Family Services and Aging enter | 52433 |
into the interagency agreement, the Director of Budget and | 52434 |
Management shall reduce the amount in appropriation item 600-525, | 52435 |
Health Care/Medicaid, by the estimated costs of PACE services | 52436 |
included in the interagency agreement. If the Director of Budget | 52437 |
and Management makes the reduction, the state and federal share of | 52438 |
the estimated costs of PACE services is hereby appropriated to the | 52439 |
Department of Aging. The Director of Budget and Management shall | 52440 |
establish a new appropriation item for the appropriation. | 52441 |
Section 62.28. (A) The authority of the Director of Job and | 52442 |
Family Services under section 5111.02 of the Revised Code to adopt | 52443 |
a rule excluding drugs for the treatment of obesity from coverage | 52444 |
under the Medicaid program is revoked. Therefore, the Director | 52445 |
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the | 52446 |
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the | 52447 |
Administrative Code is suspended pending the rescission. This | 52448 |
division does not require the Medicaid program to cover drugs for | 52449 |
the treatment of obesity. | 52450 |
The rule of this act that items in uncodified sections do not | 52451 |
have effect after June 30, 2003, does not apply to this division. | 52452 |
(B) Not later than six months after the effective date of | 52453 |
this section, the Director of Job and Family Services shall | 52454 |
complete an evaluation and issue a report on whether the Medicaid | 52455 |
program should cover anti-obesity agents that have been approved | 52456 |
by the United States Food and Drug Administration for the | 52457 |
treatment of obesity and obesity's related co-morbidities. At a | 52458 |
minimum, the evaluation shall consider the safety, efficacy, and | 52459 |
cost-effectiveness of having the Medicaid program cover such | 52460 |
anti-obesity agents. The Director shall submit the report to the | 52461 |
chairperson and ranking minority member of the House of | 52462 |
Representatives Finance and Appropriations Committee and the | 52463 |
chairperson and ranking minority member of the Senate Finance and | 52464 |
Financial Institutions Committee. | 52465 |
Section 62.29. CHILD PROTECTIVE SERVICES | 52466 |
Of the foregoing appropriation item 600-527, Child Protective | 52467 |
Services, $15,000 in each fiscal year shall be provided to the | 52468 |
Children?s Advocacy Center in Portage County. | 52469 |
Section 62.30. The Director of Job and Family Services may | 52470 |
apply to the United States Secretary of Health and Human Services | 52471 |
to increase the number of individuals that the Individual Options | 52472 |
Medicaid home or community-based services waiver program may serve | 52473 |
as follows: | 52474 |
(A) For fiscal year 2002, that the waiver program serve at | 52475 |
least five hundred more individuals than the waiver program served | 52476 |
in fiscal year 2001; | 52477 |
(B) For fiscal year 2003, that the waiver program serve at | 52478 |
least five hundred more individuals than the waiver program served | 52479 |
in fiscal year 2002. | 52480 |
Section 62.31. PREFERRED OPTION EVALUATION | 52481 |
The Director of Job and Family Services shall evaluate the | 52482 |
Medicaid managed care enrollment alternative known as Preferred | 52483 |
Option. As part of the evaluation, the Director shall examine | 52484 |
whether Preferred Option should be expanded to additional | 52485 |
counties. Not later than June 30, 2003, the Director shall submit | 52486 |
a report on the evaluation to the Governor, Speaker of the House | 52487 |
of Representatives, and President of the Senate. The Director | 52488 |
shall include in the report any findings made pursuant to the | 52489 |
evaluation, including the Director's conclusions as to whether | 52490 |
Preferred Option should be expanded to additional counties. The | 52491 |
Director may not expand Preferred Option to any additional county | 52492 |
before the Director submits the report. | 52493 |
Section 62.32. (A) The Director of Job and Family Services | 52494 |
shall continue operations through each of the local public | 52495 |
employment offices described in section 4141.04 of the Revised | 52496 |
Code that exist on the effective date of this section until thirty | 52497 |
days after submitting the report required by division (B) of this | 52498 |
section. | 52499 |
(B) The Director shall present a detailed report to the | 52500 |
members of the Finance and Appropriations Committee of the House | 52501 |
of Representatives and of the Finance and Financial Institutions | 52502 |
Committee of the Senate on or before October 1, 2001, that | 52503 |
describes the Director's plan to cease the Department of Job and | 52504 |
Family Services operations at the offices described in division | 52505 |
(A) of this section and instead commence operations at telephone | 52506 |
registration centers, mail claims centers, and one-stop employment | 52507 |
centers. The report shall include all of the following | 52508 |
information: | 52509 |
(1) A description of plans to employ personnel for telephone | 52510 |
registration centers and mail claims centers, including plans to | 52511 |
possibly reassign personnel employed at the offices described in | 52512 |
division (A) of this section to the telephone registration | 52513 |
centers, mail claims centers, or one-stop employment centers, and | 52514 |
a description of model plans and actual plans detailing the manner | 52515 |
in which personnel would be employed in each telephone | 52516 |
registration center, mail claims center, or one-stop employment | 52517 |
center; | 52518 |
(2) A fiscal analysis of the impact of the transition, | 52519 |
including all of the following information that is presented in a | 52520 |
manner so that the costs described in division (B)(2)(a) of this | 52521 |
section can be readily compared to the costs described in division | 52522 |
(B)(2)(b) of this section: | 52523 |
(a) The cost of operating the existing offices described in | 52524 |
division (A) of this section, including the costs for | 52525 |
administration, facilities, and employing personnel; | 52526 |
(b) The number of proposed telephone registration centers | 52527 |
and mail claims centers and the projected operational costs of | 52528 |
those centers, including, but not limited to, the cost of | 52529 |
employing personnel for those centers, the administrative overhead | 52530 |
costs of those centers, the initial costs to establish those | 52531 |
centers, the long-term costs of maintaining those centers, and the | 52532 |
cost of renting facilities for those centers, if rental is | 52533 |
necessary. | 52534 |
(3) The estimated cost projections of the initial start-up | 52535 |
costs of transitioning from the existing offices described in | 52536 |
division (A) of this section to the telephone registration | 52537 |
centers, mail claims centers, and one-stop employment centers and | 52538 |
the long-term operational costs of both operating those centers | 52539 |
and assisting in providing personnel to staff the one-stop | 52540 |
employment centers; | 52541 |
(4) Funding projections that clearly indicate the amount of | 52542 |
funding expected from federal, state, and local sources for the | 52543 |
transition, and for maintaining the telephone registration centers | 52544 |
and mail claims centers, and for assisting in providing personnel | 52545 |
to staff the one-stop employment centers, with the amounts from | 52546 |
each source stated separately; | 52547 |
(5) Steps that the Director plans to take to assist local | 52548 |
communities in improving services at one-stop employment centers | 52549 |
so that service to unemployed individuals, other job seekers, and | 52550 |
employers is not interrupted. | 52551 |
(C) It is the intention of the General Assembly that the | 52552 |
Director be strongly encouraged to negotiate with boards of county | 52553 |
commissioners, local workforce policy boards, and other interested | 52554 |
local officials in developing a plan to transfer operations from | 52555 |
the offices described in division (A) of this section to telephone | 52556 |
registration centers, mail claims centers, and one-stop employment | 52557 |
centers. It is also the intention of the General Assembly that | 52558 |
those negotiations include a process for agreeing to the division | 52559 |
of resources and the allocation of costs between the Department of | 52560 |
Job and Family Services, boards of county commissioners, and local | 52561 |
workforce policy boards. | 52562 |
CHILD AND FAMILY SERVICES ACTIVITIES | 52563 |
Of the foregoing appropriation item 600-427, Child and Family | 52564 |
Services Activities, $10,000 in each fiscal year shall be provided | 52565 |
to the Parmadale Children's Home. | 52566 |
Of the foregoing appropriation item 600-427, Child and Family | 52567 |
Services Activities, $10,000 in each fiscal year shall be provided | 52568 |
to the Berea Children's Home. | 52569 |
Section 62.33. (A) As used in this section: | 52570 |
(1) "Medicaid days" means all days during which a resident | 52571 |
who is a Medicaid recipient occupies a bed in a nursing facility | 52572 |
that is included in the facility's certified capacity under Title | 52573 |
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. | 52574 |
1396, as amended. Therapeutic or hospital leave days for which | 52575 |
payment is made under section 5111.33 of the Revised Code are | 52576 |
considered Medicaid days proportionate to the percentage of the | 52577 |
nursing facility's per resident per day rate paid for those days. | 52578 |
(2) "Nursing facility" has the same meaning as in section | 52579 |
5111.20 of the Revised Code. | 52580 |
(B) Notwithstanding sections 5111.20 to 5111.32 of the | 52581 |
Revised Code, rates paid to nursing facilities under the Medicaid | 52582 |
program shall be subject to the following limitations: | 52583 |
(1) For fiscal year 2002, the mean total per diem rate for | 52584 |
all nursing facilities in the state, weighted by Medicaid days and | 52585 |
calculated as of July 1, 2001, under sections 5111.20 to 5111.32 | 52586 |
of the Revised Code, shall not exceed $144.99. | 52587 |
(2) For fiscal year 2003, the mean total per diem rate for | 52588 |
all nursing facilities in the state, weighted by Medicaid days and | 52589 |
calculated as of July 1, 2002, under sections 5111.20 to 5111.32 | 52590 |
of the Revised Code, shall not exceed $154.41, plus any difference | 52591 |
between $144.99 and the mean total per diem rate for all nursing | 52592 |
facilities in the state for fiscal year 2002, weighted by Medicaid | 52593 |
days and calculated as of July 1, 2001, under sections 5111.20 to | 52594 |
5111.32 of the Revised Code. | 52595 |
(3) If the mean total per diem rate for all nursing | 52596 |
facilities in the state for fiscal year 2002 or 2003, weighted by | 52597 |
Medicaid days and calculated under sections 5111.20 to 5111.32 of | 52598 |
the Revised Code as of the first day of July of the calendar year | 52599 |
in which the fiscal year begins, exceeds the amount specified for | 52600 |
that fiscal year in division (B)(1) or (2) of this section, the | 52601 |
Department of Job and Family Services shall reduce the total per | 52602 |
diem rate for each nursing facility in the state by a percentage | 52603 |
that is equal to the percentage by which the mean total per diem | 52604 |
rate exceeds the amount specified in division (B)(1) or (2) of | 52605 |
this section for that fiscal year. | 52606 |
(4) Subsequent to any reduction required by division (B)(1), | 52607 |
(2), or (3) of this section, a nursing facility's rate shall be | 52608 |
subject to any adjustments required or authorized by sections | 52609 |
5111.20 to 5111.32 of the Revised Code during the remainder of the | 52610 |
fiscal year. | 52611 |
Section 62.34. (A) Notwithstanding division (Q)(1) of | 52612 |
section 5111.20 of the Revised Code, when calculating indirect | 52613 |
care costs for the purpose of establishing rates under section | 52614 |
5111.24 or 5111.241 of the Revised Code for fiscal year 2002, "per | 52615 |
diem," as used in sections 5111.20 to 5111.32 of the Revised Code, | 52616 |
means a nursing facility's or intermediate care facility for the | 52617 |
mentally retarded's actual, allowable indirect care costs in the | 52618 |
cost reporting period divided by the greater of the facility's | 52619 |
inpatient days for that period or the number of inpatient days the | 52620 |
facility would have had during that period if its occupancy rate | 52621 |
had been eighty-two per cent. | 52622 |
(B) Notwithstanding division (Q)(1) of section 5111.20 of | 52623 |
the Revised Code, when calculating indirect care costs for the | 52624 |
purpose of establishing rates under section 5111.24 or 5111.241 of | 52625 |
the Revised Code for fiscal year 2003, "per diem," as used in | 52626 |
sections 5111.20 to 5111.32 of the Revised Code, means a nursing | 52627 |
facility's or intermediate care facility for the mentally | 52628 |
retarded's actual, allowable indirect care costs in the cost | 52629 |
reporting period divided by the greater of the facility's | 52630 |
inpatient days for that period or the number of inpatient days the | 52631 |
facility would have had during that period if its occupancy rate | 52632 |
had been eighty-seven per cent. | 52633 |
(C) Notwithstanding division (Q)(2) of section 5111.20 of | 52634 |
the Revised Code, when calculating capital costs for the purpose | 52635 |
of establishing rates under section 5111.25 or 5111.251 of the | 52636 |
Revised Code for fiscal year 2002, "per diem," as used in sections | 52637 |
5111.20 to 5111.32 of the Revised Code, means a nursing facility's | 52638 |
or intermediate care facility for the mentally retarded's actual, | 52639 |
allowable capital costs in the cost reporting period divided by | 52640 |
the greater of the facility's inpatient days for that period or | 52641 |
the number of inpatient days the facility would have had during | 52642 |
that period if its occupancy rate had been eighty-eight per cent. | 52643 |
(D) Notwithstanding division (Q)(2) of section 5111.20 of | 52644 |
the Revised Code, when calculating capital costs for the purpose | 52645 |
of establishing rates under section 5111.25 or 5111.251 of the | 52646 |
Revised Code for fiscal year 2003, "per diem," as used in sections | 52647 |
5111.20 to 5111.32 of the Revised Code, means a nursing facility's | 52648 |
or intermediate care facility for the mentally retarded's actual, | 52649 |
allowable capital costs in the cost reporting period divided by | 52650 |
the greater of the facility's inpatient days for that period or | 52651 |
the number of inpatient days the facility would have had during | 52652 |
that period if its occupancy rate had been ninety-one per cent. | 52653 |
(E) As soon as practicable, the Department of Job and Family | 52654 |
Services shall follow this section for the purpose of calculating | 52655 |
nursing facilities' and intermediate care facilities for the | 52656 |
mentally retarded's Medicaid reimbursement rates for indirect care | 52657 |
and capital costs for fiscal years 2002 and 2003. If the | 52658 |
Department is unable to calculate the rates before it makes | 52659 |
payments for services provided during fiscal year 2002 or 2003, | 52660 |
the Department shall pay a nursing facility or intermediate care | 52661 |
facility for the mentally retarded the difference between the | 52662 |
amount it pays the facility and the amount that would have been | 52663 |
paid had the Department made the calculation in time. | 52664 |
Section 62.35. NURSING FACILITY STABILIZATION FUND | 52665 |
(A) As used in this section: | 52666 |
(1) "Inpatient days" and "nursing facility" have the same | 52667 |
meanings as in section 5111.20 of the Revised Code. | 52668 |
(2) "Medicaid day" means all days during which a resident | 52669 |
who is a Medicaid recipient occupies a bed in a nursing facility | 52670 |
that is included in the facility's certified capacity under Title | 52671 |
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. | 52672 |
1396, as amended. Therapeutic or hospital leave days for which | 52673 |
payment is made under section 5111.33 of the Revised Code are | 52674 |
considered Medicaid days proportionate to the percentage of the | 52675 |
nursing facility's per resident per day rate paid for those days. | 52676 |
(B) The Department of Job and Family Services shall use | 52677 |
money in the Nursing Facility Stabilization Fund created under | 52678 |
section 3721.56 of the Revised Code to do all of the following: | 52679 |
(1) Make payments to nursing facilities under sections | 52680 |
5111.20 to 5111.32 of the Revised Code to the extent that funds | 52681 |
available in appropriation item 600-525, Health Care/Medicaid, are | 52682 |
insufficient to make those payments; | 52683 |
(2) Make payments to each nursing facility for fiscal years | 52684 |
2002 and 2003 in an amount equal to three fourths of the franchise | 52685 |
permit fee the nursing facility pays under section 3721.53 of the | 52686 |
Revised Code for the fiscal year the department makes the payment | 52687 |
divided by the nursing facility's inpatient days for the calendar | 52688 |
year preceding the calendar year in which that fiscal year begins; | 52689 |
(3) Make payments to each nursing facility for fiscal years | 52690 |
2002 and 2003 in an amount equal to one dollar and fifty cents per | 52691 |
Medicaid day; | 52692 |
(4) Make payments under the Nursing Facility Bed Operating | 52693 |
Rights Buy-Back Program. The Department may not use more than | 52694 |
$15,000,000 to implement that program. | 52695 |
(C) Any money remaining in the Nursing Facility | 52696 |
Stabilization Fund after payments specified in division (B) of | 52697 |
this section are made for fiscal years 2002 and 2003 shall be | 52698 |
retained in the fund. Any interest or other investment proceeds | 52699 |
earned on money in the fund shall be credited to the fund and used | 52700 |
to make payments in accordance with division (B) of this section. | 52701 |
Section 62.36. NURSING FACILITY BED OPERATING RIGHTS BUY-BACK | 52702 |
PROGRAM | 52703 |
As used in this section, "nursing facility" has the same | 52704 |
meaning as in section 5111.20 of the Revised Code. | 52705 |
The Director of Job and Family Services shall create and | 52706 |
implement a Nursing Facility Bed Operating Rights Buy-Back | 52707 |
Program. Under the program, the Director shall notify nursing | 52708 |
facilities in the areas of the state that the Director determines | 52709 |
have an excess capacity of nursing facility beds that the Director | 52710 |
proposes to purchase the operating rights to a number of nursing | 52711 |
facility beds the Director specifies. | 52712 |
No later than a date the Director specifies, a nursing | 52713 |
facility located in an area of the state that the Director | 52714 |
determines has an excess capacity of nursing facility beds may | 52715 |
submit a sealed bid to the Director. The date that the Director | 52716 |
specifies shall be no more than sixty days after the date the | 52717 |
Director notifies nursing facilities of the proposal to buy the | 52718 |
operating rights of nursing facility beds. To the extent money in | 52719 |
the Nursing Facility Stabilization Fund created under section | 52720 |
3721.56 of the Revised Code is available for the Nursing Facility | 52721 |
Bed Operating Rights Buy-Back Program, the Director shall review | 52722 |
the bids and purchase the operating rights of nursing facility | 52723 |
beds from the lowest bidder or bidders. The Director may decline | 52724 |
to purchase the operating rights of any nursing facility bed if | 52725 |
the lowest bidder asks for more than the maximum per-bed amount, | 52726 |
if any, the Director may establish. The Director shall not | 52727 |
purchase the operating rights to more nursing facility beds than | 52728 |
the Director specified in its notice to the nursing facilities. | 52729 |
A nursing facility that has sold the operating rights to a | 52730 |
nursing facility bed under this section may not include that bed | 52731 |
or costs associated with the bed in a cost report filed under | 52732 |
section 5111.26 or 5111.27 of the Revised Code. The facility | 52733 |
shall file with the Director an amended cost report for the | 52734 |
calendar year preceding the year the Director purchases the | 52735 |
operating rights. In the amended cost report, the nursing | 52736 |
facility shall subtract the bed and costs associated with the bed | 52737 |
from the previous cost report for that calendar year. The | 52738 |
Director shall use the amended cost report to revise the nursing | 52739 |
facility's rates under sections 5111.20 to 5111.32 of the Revised | 52740 |
Code for the fiscal year in which the operating rights are | 52741 |
purchased. | 52742 |
No action taken pursuant to the Nursing Facility Bed | 52743 |
Operating Rights Buy-Back Program is a reviewable activity under | 52744 |
sections 3702.51 to 3702.62 of the Revised Code. | 52745 |
Section 63. JCO JUDICIAL CONFERENCE OF OHIO | 52746 |
General Revenue Fund | 52747 |
GRF | 018-321 | Operating Expenses | $ | 1,110,240 | $ | 1,141,327 | 52748 | ||||
TOTAL GRF General Revenue Fund | $ | 1,110,240 | $ | 1,141,327 | 52749 |
General Services Fund Group | 52750 |
403 | 018-601 | Ohio Jury Instructions | $ | 200,000 | $ | 200,000 | 52751 | ||||
TOTAL GSF General Services Fund Group | $ | 200,000 | $ | 200,000 | 52752 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,310,240 | $ | 1,341,327 | 52753 |
STATE COUNCIL OF UNIFORM STATE LAWS | 52754 |
Notwithstanding section 105.26 of the Revised Code, of the | 52755 |
foregoing appropriation item 018-321, Operating Expenses, up to | 52756 |
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003 | 52757 |
may be used to pay the expenses of the State Council of Uniform | 52758 |
State Laws, including membership dues to the National Conference | 52759 |
of Commissioners on Uniform State Laws. | 52760 |
OHIO JURY INSTRUCTIONS FUND | 52761 |
The Ohio Jury Instructions Fund (Fund 403) shall consist of | 52762 |
grants, royalties, dues, conference fees, bequests, devises, and | 52763 |
other gifts received for the purpose of supporting costs incurred | 52764 |
by the Judicial Conference of Ohio in dispensing education and | 52765 |
informational data to the state's judicial system. Fund 403 shall | 52766 |
be used by the Judicial Conference of Ohio to pay expenses | 52767 |
incurred in dispensing educational and informational data to the | 52768 |
state's judicial system. All moneys accruing to Fund 403 in | 52769 |
excess of $200,000 in fiscal year 2002 and in excess of $200,000 | 52770 |
in fiscal year 2003 are hereby appropriated for the purposes | 52771 |
authorized. | 52772 |
No money in the Ohio Jury Instructions Fund shall be | 52773 |
transferred to any other fund by the Director of Budget and | 52774 |
Management or the Controlling Board. | 52775 |
Section 64. JSC THE JUDICIARY/SUPREME COURT | 52776 |
General Revenue Fund | 52777 |
GRF | 005-321 | Operating Expenses - Judiciary/Supreme Court | $ | 98,524,655 | $ | 103,540,214 | 52778 | ||||
GRF | 005-401 | State Criminal Sentencing Council | $ | 294,096 | $ | 304,881 | 52779 | ||||
GRF | 005-406 | Law-Related Education | $ | 200,802 | $ | 206,826 | 52780 | ||||
GRF | 005-502 | Commission for Legal Education Opportunity | $ | 0 | $ | 657,600 | 52781 | ||||
TOTAL GRF General Revenue Fund | $ | 99,019,553 | $ | 104,709,521 | 52782 |
General Services Fund Group | 52783 |
672 | 005-601 | Continuing Judicial Education | $ | 235,000 | $ | 265,000 | 52784 | ||||
TOTAL GSF General Services Fund Group | $ | 235,000 | $ | 265,000 | 52785 |
State Special Revenue Fund Group | 52786 |
4C8 | 005-605 | Attorney Registration | $ | 1,971,100 | $ | 2,030,233 | 52787 | ||||
6A8 | 005-606 | Supreme Court Admissions | $ | 1,042,536 | $ | 1,089,111 | 52788 | ||||
643 | 005-607 | Commission on Continuing Legal Education | $ | 573,268 | $ | 590,016 | 52789 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 3,586,904 | $ | 3,709,360 | 52790 |
Federal Special Revenue Fund Group | 52791 |
3J0 | 005-603 | Federal Grants | $ | 1,093,306 | $ | 964,484 | 52792 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 1,093,306 | $ | 964,484 | 52793 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 103,934,763 | $ | 109,648,365 | 52794 |
LAW-RELATED EDUCATION | 52795 |
The foregoing appropriation item 005-406, Law-Related | 52796 |
Education, shall be distributed directly to the Ohio Center for | 52797 |
Law-Related Education for the purposes of providing continuing | 52798 |
citizenship education activities to primary and secondary | 52799 |
students, expanding delinquency prevention programs, increasing | 52800 |
activities for at-risk youth, and accessing additional public and | 52801 |
private money for new programs. | 52802 |
OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY | 52803 |
The foregoing appropriation item 005-502, Commission for | 52804 |
Legal Education Opportunity, shall be used to fund the activities | 52805 |
of the Commission for Legal Education Opportunity created by the | 52806 |
Chief Justice of the Supreme Court of Ohio for the purpose of | 52807 |
assisting minority, low-income, and educationally disadvantaged | 52808 |
college graduates in the transition to legal education. Moneys | 52809 |
appropriated to the Commission for Legal Education Opportunity may | 52810 |
be used to establish and provide an intensive course of study | 52811 |
designed to prepare eligible college graduates for law school | 52812 |
education, provide annual stipends for students who successfully | 52813 |
complete the course of study and are admitted to and maintain | 52814 |
satisfactory academic standing in an Ohio law school, and pay the | 52815 |
administrative costs associated with the program. | 52816 |
CONTINUING JUDICIAL EDUCATION | 52817 |
The Continuing Judicial Education Fund (Fund 672) shall | 52818 |
consist of fees paid by judges and court personnel for attending | 52819 |
continuing education courses and other gifts and grants received | 52820 |
for the purpose of continuing judicial education. The foregoing | 52821 |
appropriation item 005-601, Continuing Judicial Education, shall | 52822 |
be used to pay expenses for continuing education courses for | 52823 |
judges and court personnel. | 52824 |
No money in the Continuing Judicial Education Fund shall be | 52825 |
transferred to any other fund by the Director of Budget and | 52826 |
Management or the Controlling Board. Interest earned on moneys in | 52827 |
the Continuing Judicial Education Fund shall be credited to the | 52828 |
fund. | 52829 |
ATTORNEY REGISTRATION | 52830 |
In addition to funding other activities considered | 52831 |
appropriate by the Supreme Court, the foregoing appropriation item | 52832 |
005-605, Attorney Registration, may be used to compensate | 52833 |
employees and fund the appropriate activities of the following | 52834 |
offices established by the Supreme Court pursuant to the Rules for | 52835 |
the Government of the Bar of Ohio: the Office of Disciplinary | 52836 |
Counsel, the Board of Commissioners on Grievances and Discipline, | 52837 |
the Clients' Security Fund, the Board of Commissioners on the | 52838 |
Unauthorized Practice of Law, and the Office of Attorney | 52839 |
Registration. | 52840 |
No moneys in the Attorney Registration Fund shall be | 52841 |
transferred to any other fund by the Director of Budget and | 52842 |
Management or the Controlling Board. Interest earned on moneys in | 52843 |
the Attorney Registration Fund shall be credited to the fund. | 52844 |
SUPREME COURT ADMISSIONS | 52845 |
The foregoing appropriation item 005-606, Supreme Court | 52846 |
Admissions, shall be used to compensate Supreme Court employees | 52847 |
who are primarily responsible for administering the attorney | 52848 |
admissions program, pursuant to the Rules for the Government of | 52849 |
the Bar of Ohio, and to fund any other activities considered | 52850 |
appropriate by the court. Moneys shall be deposited into the | 52851 |
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme | 52852 |
Court Rules for the Government of the Bar of Ohio. | 52853 |
No moneys in the Supreme Court Admissions Fund shall be | 52854 |
transferred to any other fund by the Director of Budget and | 52855 |
Management or the Controlling Board. Interest earned on moneys in | 52856 |
the Supreme Court Admissions Fund shall be credited to the fund. | 52857 |
CONTINUING LEGAL EDUCATION | 52858 |
The foregoing appropriation item 005-607, Commission on | 52859 |
Continuing Legal Education, shall be used to compensate employees | 52860 |
of the Commission on Continuing Legal Education, established | 52861 |
pursuant to the Supreme Court Rules for the Government of the Bar | 52862 |
of Ohio, and to fund other activities of the commission considered | 52863 |
appropriate by the court. | 52864 |
No moneys in the Continuing Legal Education Fund shall be | 52865 |
transferred to any other fund by the Director of Budget and | 52866 |
Management or the Controlling Board. Interest earned on moneys in | 52867 |
the Continuing Legal Education Fund shall be credited to the fund. | 52868 |
FEDERAL MISCELLANEOUS | 52869 |
The Federal Miscellaneous Fund (3J0) shall consist of grants | 52870 |
and other moneys awarded to the Supreme Court of Ohio (The | 52871 |
Judiciary) by the United States Government, the State Justice | 52872 |
Institute, or other entities that receive the moneys directly from | 52873 |
the United States Government or the State Justice Institute and | 52874 |
distribute those moneys to the Supreme Court of Ohio (The | 52875 |
Judiciary). The foregoing appropriation item 005-603, Federal | 52876 |
Grants, shall be used in a manner consistent with the purpose of | 52877 |
the grant or award. | 52878 |
No money in the Federal Miscellaneous Fund shall be | 52879 |
transferred to any other fund by the Director of Budget and | 52880 |
Management or the Controlling Board. However, interest earned on | 52881 |
moneys in the Federal Miscellaneous Fund shall be credited or | 52882 |
transferred to the General Revenue Fund. | 52883 |
Section 65. LEC LAKE ERIE COMMISSION | 52884 |
State Special Revenue Fund Group | 52885 |
4C0 | 780-601 | Lake Erie Protection Fund | $ | 1,044,854 | $ | 1,070,975 | 52886 | ||||
5D8 | 780-602 | Lake Erie Resources Fund | $ | 661,009 | $ | 689,004 | 52887 | ||||
TOTAL SSR State Special Revenue | 52888 | ||||||||||
Fund Group | $ | 1,705,863 | $ | 1,759,979 | 52889 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,705,863 | $ | 1,759,979 | 52890 |
CASH TRANSFER | 52891 |
Not later than the thirtieth day of November of each fiscal | 52892 |
year, the Executive Director of the Ohio Lake Erie Office, with | 52893 |
the approval of the Lake Erie Commission, shall certify to the | 52894 |
Director of Budget and Management the cash balance in the Lake | 52895 |
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet | 52896 |
operating expenses of the Lake Erie Office. The Ohio Lake Erie | 52897 |
Office may request the Director of Budget and Management to | 52898 |
transfer up to the certified amount from the Lake Erie Resources | 52899 |
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The | 52900 |
Director of Budget and Management may transfer the requested | 52901 |
amount, or the Director may transfer a different amount up to the | 52902 |
certified amount. Cash transferred shall be used for the purposes | 52903 |
described in division (A) of section 1506.23 of the Revised Code. | 52904 |
The amount transferred by the director is appropriated to the | 52905 |
foregoing appropriation item 780-601, Lake Erie Protection Fund, | 52906 |
which shall be increased by the amount transferred. | 52907 |
Section 66. LRS LEGAL RIGHTS SERVICE | 52908 |
General Revenue Fund | 52909 |
GRF | 054-100 | Personal Services | $ | 274,718 | $ | 269,974 | 52910 | ||||
GRF | 054-200 | Maintenance | $ | 45,278 | $ | 46,184 | 52911 | ||||
GRF | 054-300 | Equipment | $ | 2,476 | $ | 2,526 | 52912 | ||||
GRF | 054-401 | Ombudsman | $ | 321,769 | $ | 318,491 | 52913 | ||||
TOTAL GRF General Revenue Fund | $ | 644,241 | $ | 637,175 | 52914 |
General Services Fund Group | 52915 |
416 | 054-601 | Gifts and Donations | $ | 1,319 | $ | 1,352 | 52916 | ||||
5M0 | 054-610 | Settlements | $ | 75,000 | $ | 75,000 | 52917 | ||||
524 | 054-608 | Traumatic Brain Injury | $ | 21,550 | $ | 0 | 52918 | ||||
TOTAL GSF General Services | 52919 | ||||||||||
Fund Group | $ | 97,869 | $ | 76,352 | 52920 |
Federal Special Revenue Fund Group | 52921 |
3B8 | 054-603 | Protection and Advocacy - Mentally Ill | $ | 810,314 | $ | 810,314 | 52922 | ||||
3N3 | 054-606 | Protection and Advocacy - Individual Rights | $ | 468,445 | $ | 468,445 | 52923 | ||||
3N9 | 054-607 | Assistive Technology | $ | 50,000 | $ | 50,000 | 52924 | ||||
3R9 | 054-604 | Family Support Collaborative | $ | 242,500 | $ | 242,500 | 52925 | ||||
3T2 | 054-609 | Client Assistance Program | $ | 406,772 | $ | 406,772 | 52926 | ||||
305 | 054-602 | Protection and Advocacy - Developmentally Disabled | $ | 1,068,109 | $ | 1,068,109 | 52927 | ||||
TOTAL FED Federal Special Revenue | 52928 | ||||||||||
Fund Group | $ | 3,046,140 | $ | 3,046,140 | 52929 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 3,788,250 | $ | 3,759,667 | 52930 |
Section 67. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 52932 |
General Revenue Fund | 52933 |
GRF | 028-321 | Legislative Ethics Committee | $ | 589,000 | $ | 612,000 | 52934 | ||||
TOTAL GRF General Revenue Fund | $ | 589,000 | $ | 612,000 | 52935 |
State Special Revenue Fund Group | 52936 |
4G7 | 028-601 | Joint Legislative Ethics Committee | $ | 50,000 | $ | 50,000 | 52937 | ||||
TOTAL SSR State Special Revenue Fund | $ | 50,000 | $ | 50,000 | 52938 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 639,000 | $ | 662,000 | 52939 |
Section 68. LSC LEGISLATIVE SERVICE COMMISSION | 52941 |
General Revenue Fund | 52942 |
GRF | 035-321 | Operating Expenses | $ | 13,325,000 | $ | 14,470,000 | 52943 | ||||
GRF | 035-402 | Legislative Interns | $ | 953,500 | $ | 993,500 | 52944 | ||||
GRF | 035-404 | Legislative Office of Education Oversight | $ | 1,192,146 | $ | 1,239,832 | 52945 | ||||
GRF | 035-406 | ATMS Replacement Project | $ | 90,000 | $ | 90,000 | 52946 | ||||
GRF | 035-407 | Legislative Task Force on Redistricting | $ | 2,000,000 | $ | 0 | 52947 | ||||
GRF | 035-409 | National Associations | $ | 417,906 | $ | 427,381 | 52948 | ||||
GRF | 035-410 | Legislative Information Systems | $ | 4,343,000 | $ | 4,690,000 | 52949 | ||||
TOTAL GRF General Revenue Fund | $ | 22,321,552 | $ | 21,910,713 | 52950 |
General Services Fund Group | 52951 |
4F6 | 035-603 | Legislative Budget Services | $ | 140,000 | $ | 145,000 | 52952 | ||||
410 | 035-601 | Sale of Publications | $ | 25,000 | $ | 25,000 | 52953 | ||||
TOTAL GSF General Services | 52954 | ||||||||||
Fund Group | $ | 165,000 | $ | 170,000 | 52955 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 22,486,552 | $ | 22,080,713 | 52956 |
OPERATING EXPENSES | 52957 |
On or before August 1, 2001, the Director of Budget and | 52958 |
Management shall determine and certify to the Director of the | 52959 |
Legislative Service Commission the total amount of unexpended, | 52960 |
unobligated appropriations made to the Commission for fiscal year | 52961 |
2001 in appropriation items 035-321 and 035-403. Additional | 52962 |
appropriation authority equal to the amount certified by the | 52963 |
Director of Budget and Management to the Director of the | 52964 |
Legislative Service Commission, not to exceed $500,000, is hereby | 52965 |
appropriated to appropriation item 035-321 Operating Expenses, for | 52966 |
fiscal year 2002. | 52967 |
ATMS REPLACEMENT PROJECT | 52968 |
Of the foregoing appropriation item 035-406, ATMS Replacement | 52969 |
Project, any amounts not used for the ATMS project may be used to | 52970 |
pay the operating expenses of the Legislative Service Commission. | 52971 |
LEGISLATIVE TASK FORCE ON REDISTRICTING | 52972 |
On or before August 1, 2001, the Director of Budget and | 52973 |
Management shall determine and certify to the Director of the | 52974 |
Legislative Service Commission the total amount of unexpended, | 52975 |
unobligated appropriations made to the Commission for fiscal year | 52976 |
2001 in appropriation item 035-407, Legislative Task Force on | 52977 |
Redistricting. Additional appropriation authority equal to the | 52978 |
amount certified by the Director of Budget and Management to the | 52979 |
Director of the Legislative Service Commission is hereby | 52980 |
appropriated to appropriation item 035-407, Legislative Task Force | 52981 |
on Redistricting, for fiscal year 2002. | 52982 |
NATIONAL ASSOCIATIONS | 52983 |
Of the foregoing appropriation item 035-409, National | 52984 |
Associations, $10,000 in each fiscal year shall be used for the | 52985 |
State and Local Legal Center. | 52986 |
LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT | 52987 |
The foregoing appropriation item 035-404, Legislative Office | 52988 |
of Education Oversight, shall be used to support the legislative | 52989 |
oversight activities of the Legislative Committee on Education | 52990 |
Oversight established in section 3301.68 of the Revised Code. | 52991 |
Section 69. LIB STATE LIBRARY BOARD | 52992 |
General Revenue Fund | 52993 |
GRF | 350-321 | Operating Expenses | $ | 7,645,422 | $ | 7,969,585 | 52994 | ||||
GRF | 350-401 | Ohioana Rental Payments | $ | 120,972 | $ | 120,972 | 52995 | ||||
GRF | 350-501 | Cincinnati Public Library | $ | 758,699 | $ | 753,594 | 52996 | ||||
GRF | 350-502 | Regional Library Systems | $ | 1,792,357 | $ | 1,780,093 | 52997 | ||||
GRF | 350-503 | Cleveland Public Library | $ | 1,141,234 | $ | 1,133,512 | 52998 | ||||
TOTAL GRF General Revenue Fund | $ | 11,458,684 | $ | 11,757,756 | 52999 |
General Services Fund Group | 53000 |
139 | 350-602 | Intra-Agency Service Charges | $ | 14,148 | $ | 14,502 | 53001 | ||||
4S4 | 350-604 | OPLIN Technology | $ | 7,661,095 | $ | 7,777,962 | 53002 | ||||
459 | 350-602 | Interlibrary Service Charges | $ | 845,896 | $ | 1,239,661 | 53003 | ||||
TOTAL GSF General Services | 53004 | ||||||||||
Fund Group | $ | 8,521,139 | $ | 9,032,125 | 53005 |
Federal Special Revenue Fund Group | 53006 |
313 | 350-601 | LSTA Federal | $ | 5,241,306 | $ | 5,241,306 | 53007 | ||||
TOTAL FED Federal Special Revenue | 53008 | ||||||||||
Fund Group | $ | 5,241,306 | $ | 5,241,306 | 53009 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 25,221,129 | $ | 26,031,187 | 53010 |
OHIOANA RENTAL PAYMENTS | 53011 |
The foregoing appropriation item 350-401, Ohioana Rental | 53012 |
Payments, shall be used to pay the rental expenses of the Martha | 53013 |
Kinney Cooper Ohioana Library Association pursuant to section | 53014 |
3375.61 of the Revised Code. | 53015 |
REGIONAL LIBRARY SYSTEMS | 53016 |
The foregoing appropriation item 350-502, Regional Library | 53017 |
Systems, shall be used to support regional library systems | 53018 |
eligible for funding under section 3375.90 of the Revised Code. | 53019 |
OHIO PUBLIC LIBRARY INFORMATION NETWORK | 53020 |
The foregoing appropriation item 350-604, OPLIN Technology, | 53021 |
shall be used for an information telecommunications network | 53022 |
linking public libraries in the state and such others as may be | 53023 |
certified as participants by the Ohio Public Library Information | 53024 |
Network Board. | 53025 |
The Ohio Public Library Information Network Board shall | 53026 |
consist of eleven members appointed by the State Library Board | 53027 |
from among the staff of public libraries and past and present | 53028 |
members of boards of trustees of public libraries, based on the | 53029 |
recommendations of the Ohio library community. The Ohio Public | 53030 |
Library Information Network Board in consultation with the State | 53031 |
Library shall develop a plan of operations for the network. The | 53032 |
Board shall have the authority to make decisions regarding the use | 53033 |
of the foregoing appropriation item 350-604, OPLIN Technology, and | 53034 |
to receive and expend grants to carry out the operations of the | 53035 |
network in accordance with state law and the authority to appoint | 53036 |
and fix the compensation of a director and necessary staff. The | 53037 |
State Library will be the fiscal agent for the network and shall | 53038 |
have fiscal accountability for the expenditure of funds. The Ohio | 53039 |
Public Library Information Network Board members shall be | 53040 |
reimbursed for actual travel and necessary expenses incurred in | 53041 |
the carrying out of their responsibilities. | 53042 |
In order to limit access to obscene and illegal materials | 53043 |
through internet use at Ohio Public Library Information Network | 53044 |
(OPLIN) terminals, local libraries with OPLIN computer terminals | 53045 |
shall adopt policies that control access to obscene and illegal | 53046 |
materials. These policies may include use of technological | 53047 |
systems to select or block certain internet access. The OPLIN | 53048 |
shall condition provision of its funds, goods, and services on | 53049 |
compliance with these policies. The OPLIN board shall also adopt | 53050 |
and communicate specific recommendations to local libraries on | 53051 |
methods to control such improper usage. These methods may include | 53052 |
each library implementing a written policy controlling such | 53053 |
improper use of library terminals and requirements for parental | 53054 |
involvement or written authorization for juvenile internet usage. | 53055 |
The OPLIN board shall research and assist or advise local | 53056 |
libraries with emerging technologies and methods that may be | 53057 |
effective means to control access to obscene and illegal | 53058 |
materials. The OPLIN Executive Director shall biannually provide | 53059 |
written reports to the Governor, the Speaker and Minority Leader | 53060 |
of the House of Representatives, and the President and Minority | 53061 |
Leader of the Senate on any steps being taken by OPLIN and public | 53062 |
libraries in this state to limit and control such improper usage | 53063 |
as well as information on technological, legal, and law | 53064 |
enforcement trends nationally and internationally affecting this | 53065 |
area of public access and service. | 53066 |
The Ohio Public Library Information Network, InfOhio, and | 53067 |
OhioLink shall, to the extent feasible, coordinate and cooperate | 53068 |
in their purchase or other acquisition of the use of electronic | 53069 |
databases for their respective users and shall contribute funds in | 53070 |
an equitable manner to such effort. | 53071 |
TRANSFER TO OPLIN TECHNOLOGY FUND | 53072 |
Notwithstanding sections 5747.03 and 5747.47 of the Revised | 53073 |
Code and any other provision of law to the contrary, in accordance | 53074 |
with a schedule established by the Director of Budget and | 53075 |
Management, (A) in fiscal year 2002, the Director of Budget and | 53076 |
Management shall transfer $6,361,095 from the Library and Local | 53077 |
Government Support Fund (Fund 065) to the OPLIN Technology Fund | 53078 |
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget | 53079 |
and Management shall transfer $6,477,962 from the Library and | 53080 |
Local Government Support Fund (Fund 065) to the OPLIN Technology | 53081 |
Fund (Fund 4S4). | 53082 |
Section 70. LCO LIQUOR CONTROL COMMISSION | 53083 |
Liquor Control Fund Group | 53084 |
043 | 970-321 | Operating Expenses | $ | 738,135 | $ | 756,472 | 53085 | ||||
TOTAL LCF Liquor Control Fund Group | $ | 738,135 | $ | 756,472 | 53086 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 738,135 | $ | 756,472 | 53087 |
Section 71. LOT STATE LOTTERY COMMISSION | 53089 |
State Lottery Fund Group | 53090 |
044 | 950-100 | Personal Services | $ | 23,990,502 | $ | 25,164,204 | 53091 | ||||
044 | 950-200 | Maintenance | $ | 24,167,162 | $ | 24,698,840 | 53092 | ||||
044 | 950-300 | Equipment | $ | 4,131,719 | $ | 3,664,576 | 53093 | ||||
044 | 950-402 | Game and Advertising Contracts | $ | 64,913,869 | $ | 64,624,331 | 53094 | ||||
044 | 950-601 | Prizes, Bonuses, and Commissions | $ | 136,371,980 | $ | 132,532,125 | 53095 | ||||
871 | 950-602 | Annuity Prizes | $ | 185,454,636 | $ | 188,275,991 | 53096 | ||||
872 | 950-603 | Unclaimed Prize Awards | $ | 13,093,114 | $ | 13,354,976 | 53097 | ||||
TOTAL SLF State Lottery Fund | 53098 | ||||||||||
Group | $ | 452,122,982 | $ | 452,315,043 | 53099 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 452,122,982 | $ | 452,315,043 | 53100 |
OPERATING EXPENSES | 53101 |
The foregoing appropriation items include all amounts | 53102 |
necessary for the purchase and printing of tickets, consultant | 53103 |
services, and advertising. The Controlling Board may, at the | 53104 |
request of the State Lottery Commission, authorize additional | 53105 |
appropriations for operating expenses of the State Lottery | 53106 |
Commission from the State Lottery Fund up to a maximum of 15 per | 53107 |
cent of anticipated total revenue accruing from the sale of | 53108 |
lottery tickets. | 53109 |
PRIZES, BONUSES, AND COMMISSIONS | 53110 |
Any amounts, in addition to the amounts appropriated in | 53111 |
appropriation item 950-601, Prizes, Bonuses, and Commissions, that | 53112 |
are determined by the Director of the State Lottery Commission to | 53113 |
be necessary to fund prizes, bonuses, and commissions are | 53114 |
appropriated. | 53115 |
ANNUITY PRIZES | 53116 |
With the approval of the Office of Budget and Management, the | 53117 |
State Lottery Commission shall transfer cash from the State | 53118 |
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund | 53119 |
(Fund 871) in an amount sufficient to fund deferred prizes. The | 53120 |
Treasurer of State, from time to time, shall credit the Deferred | 53121 |
Prizes Trust Fund (Fund 871) the pro rata share of interest earned | 53122 |
by the Treasurer of State on invested balances. | 53123 |
Any amounts, in addition to the amounts appropriated in | 53124 |
appropriation item 950-602, Annuity Prizes, that are determined by | 53125 |
the Director of the State Lottery Commission to be necessary to | 53126 |
fund deferred prizes and interest earnings are appropriated. | 53127 |
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 53128 |
The Ohio Lottery Commission shall transfer an amount greater | 53129 |
than or equal to $633,722,100 in fiscal year 2002 and $621,722,600 | 53130 |
in fiscal year 2003 to the Lottery Profits Education Fund. | 53131 |
Transfers from the Commission to the Lottery Profits Education | 53132 |
Fund shall represent the estimated net income from operations for | 53133 |
the Commission and may be supplemented by transfers from the | 53134 |
Unclaimed Prizes Fund at any time in fiscal year 2002 or fiscal | 53135 |
year 2003. Transfers by the Commission to the Lottery Profits | 53136 |
Education Fund shall be administered in accordance with and | 53137 |
pursuant to the Revised Code. | 53138 |
Section 72. MED STATE MEDICAL BOARD | 53139 |
General Services Fund Group | 53140 |
5C6 | 883-609 | State Medical Board Operating | $ | 6,344,740 | $ | 6,728,301 | 53141 | ||||
TOTAL GSF General Services | 53142 | ||||||||||
Fund Group | $ | 6,344,740 | $ | 6,728,301 | 53143 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 6,344,740 | $ | 6,728,301 | 53144 |
Section 73. DMH DEPARTMENT OF MENTAL HEALTH | 53145 |
Division of General Administration Intragovernmental Service Fund | 53146 |
Group | 53147 |
151 | 235-601 | General Administration | $ | 76,095,310 | $ | 78,181,973 | 53148 | ||||
TOTAL ISF Intragovernmental | 53149 | ||||||||||
Service Fund Group | $ | 76,095,310 | $ | 78,181,973 | 53150 |
53151 |
53152 |
General Revenue Fund | 53153 |
GRF | 332-401 | Forensic Services | $ | 4,259,513 | $ | 4,338,858 | 53154 | ||||
TOTAL GRF General Revenue Fund | $ | 4,259,513 | $ | 4,338,858 | 53155 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 80,354,823 | $ | 82,520,831 | 53156 |
FORENSIC SERVICES | 53157 |
The foregoing appropriation item 322-401, Forensic Services, | 53158 |
shall be used to provide psychiatric services to courts of common | 53159 |
pleas. The appropriation shall be allocated through community | 53160 |
mental health boards to certified community agencies and shall be | 53161 |
distributed according to the criteria delineated in rule | 53162 |
5122:4-1-01 of the Administrative Code. These community forensic | 53163 |
funds may also be used to provide forensic training to community | 53164 |
mental health boards and to forensic psychiatry residency programs | 53165 |
in hospitals operated by the Department of Mental Health and to | 53166 |
provide evaluations of patients of forensic status in facilities | 53167 |
operated by the Department of Mental Health prior to conditional | 53168 |
release to the community. | 53169 |
In addition, appropriation item 332-401, Forensic Services, | 53170 |
may be used to support projects involving mental health, substance | 53171 |
abuse, courts, and law enforcement to identify and develop | 53172 |
appropriate alternative services to institutionalization for | 53173 |
nonviolent mentally ill offenders, and to provide linkage to | 53174 |
community services for severely mentally disabled offenders | 53175 |
released from institutions operated by the Department of | 53176 |
Rehabilitation and Correction. Funds may also be utilized to | 53177 |
provide forensic monitoring and tracking in addition to community | 53178 |
programs serving persons of forensic status on conditional release | 53179 |
or probation. | 53180 |
53181 |
53182 |
General Revenue Fund | 53183 |
GRF | 333-100 | Personal Services - Central Administration | $ | 17,024,323 | $ | 16,807,353 | 53184 | ||||
GRF | 333-200 | Maintenance - Central Administration | $ | 2,276,155 | $ | 2,318,555 | 53185 | ||||
GRF | 333-300 | Equipment - Central Administration | $ | 490,894 | $ | 500,038 | 53186 | ||||
GRF | 333-402 | Resident Trainees | $ | 1,472,858 | $ | 1,500,294 | 53187 | ||||
GRF | 333-403 | Pre-Admission Screening Expenses | $ | 638,246 | $ | 650,135 | 53188 | ||||
GRF | 333-415 | Lease-Rental Payments | $ | 24,754,900 | $ | 26,275,300 | 53189 | ||||
GRF | 333-416 | Research Program Evaluation | $ | 956,224 | $ | 972,178 | 53190 | ||||
TOTAL GRF General Revenue Fund | $ | 47,613,600 | $ | 49,023,853 | 53191 |
General Services Fund Group | 53192 |
149 | 333-609 | Central Office Rotary - Operating | $ | 2,013,823 | $ | 2,037,918 | 53193 | ||||
TOTAL General Services Fund Group | $ | 2,013,823 | $ | 2,037,918 | 53194 |
Federal Special Revenue Fund Group | 53195 |
3A7 | 333-612 | Social Services Block Grant | $ | 25,000 | $ | 25,000 | 53196 | ||||
3A8 | 333-613 | Federal Grant - Administration | $ | 87,000 | $ | 58,000 | 53197 | ||||
3A9 | 333-614 | Mental Health Block Grant | $ | 642,264 | $ | 642,264 | 53198 | ||||
3B1 | 333-635 | Community Medicaid Expansion | $ | 6,550,000 | $ | 5,550,000 | 53199 | ||||
324 | 333-605 | Medicaid/Medicare | $ | 379,009 | $ | 375,219 | 53200 | ||||
TOTAL Federal Special Revenue | 53201 | ||||||||||
Fund Group | $ | 7,683,273 | $ | 6,650,483 | 53202 |
State Special Revenue Fund Group | 53203 |
4X5 | 333-607 | Behavioral Health Medicaid Services | $ | 2,759,400 | $ | 2,828,385 | 53204 | ||||
485 | 333-632 | Mental Health Operating | $ | 130,959 | $ | 134,233 | 53205 | ||||
5M2 | 333-602 | PWLC Campus Improvement | $ | 1,000,000 | $ | 0 | 53206 | ||||
TOTAL State Special Revenue | 53207 | ||||||||||
Fund Group | $ | 3,890,359 | $ | 2,962,618 | 53208 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 61,201,055 | $ | 60,674,872 | 53209 |
RESIDENCY TRAINEESHIP PROGRAMS | 53210 |
The foregoing appropriation item 333-402, Resident Trainees, | 53211 |
shall be used to fund training agreements entered into by the | 53212 |
Department of Mental Health for the development of curricula and | 53213 |
the provision of training programs to support public mental health | 53214 |
services. | 53215 |
PRE-ADMISSION SCREENING EXPENSES | 53216 |
The foregoing appropriation item 333-403, Pre-Admission | 53217 |
Screening Expenses, shall be used to pay for costs to ensure that | 53218 |
uniform statewide methods for pre-admission screening are in place | 53219 |
to perform assessments for persons in need of mental health | 53220 |
services or for whom institutional placement in a hospital or in | 53221 |
another inpatient facility is sought. Pre-admission screening | 53222 |
includes the following activities: pre-admission assessment, | 53223 |
consideration of continued stay requests, discharge planning and | 53224 |
referral, and adjudication of appeals and grievance procedures. | 53225 |
RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION | 53226 |
The foregoing appropriation item 333-415, Lease-Rental | 53227 |
Payments, shall be used to meet all payments at the times they are | 53228 |
required to be made during the period from July 1, 2001, to June | 53229 |
30, 2003, by the Department of Mental Health pursuant to leases | 53230 |
and agreements made under section 154.20 of the Revised Code, but | 53231 |
limited to the aggregate amount of $51,030,200. Nothing in this | 53232 |
act shall be deemed to contravene the obligation of the state to | 53233 |
pay, without necessity for further appropriation, from the sources | 53234 |
pledged thereto, the bond service charges on obligations issued | 53235 |
pursuant to section 154.20 of the Revised Code. | 53236 |
Section 73.01. DIVISION OF MENTAL HEALTH - HOSPITALS | 53237 |
General Revenue Fund | 53238 |
GRF | 334-408 | Community and Hospital Mental Health Services | $ | 356,469,071 | $ | 352,719,838 | 53239 | ||||
GRF | 334-506 | Court Costs | $ | 958,791 | $ | 976,652 | 53240 | ||||
TOTAL GRF General Revenue Fund | $ | 357,427,862 | $ | 353,696,490 | 53241 |
General Services Fund Group | 53242 |
149 | 334-609 | Hospital Rotary - Operating Expenses | $ | 10,451,492 | $ | 10,451,492 | 53243 | ||||
150 | 334-620 | Special Education | $ | 152,500 | $ | 152,500 | 53244 | ||||
TOTAL GSF General Services | 53245 | ||||||||||
Fund Group | $ | 10,603,992 | $ | 10,603,992 | 53246 |
Federal Special Revenue Fund Group | 53247 |
3A8 | 334-613 | Federal Letter of Credit | $ | 9,000 | $ | 0 | 53248 | ||||
3B0 | 334-617 | Elementary and Secondary Education Act | $ | 202,774 | $ | 214,340 | 53249 | ||||
3B1 | 334-635 | Hospital Medicaid Expansion | $ | 2,000,000 | $ | 2,000,000 | 53250 | ||||
324 | 334-605 | Medicaid/Medicare | $ | 8,791,748 | $ | 9,043,700 | 53251 | ||||
5L2 | 334-619 | Health Foundation/Greater Cincinnati | $ | 131,600 | $ | 94,869 | 53252 | ||||
TOTAL FED Federal Special Revenue | 53253 | ||||||||||
Fund Group | $ | 11,135,122 | $ | 11,352,909 | 53254 |
State Special Revenue Fund Group | 53255 |
485 | 334-632 | Mental Health Operating | $ | 1,991,448 | $ | 1,989,912 | 53256 | ||||
692 | 334-636 | Community Mental Health Board Risk Fund | $ | 361,323 | $ | 370,356 | 53257 | ||||
TOTAL SSR State Special Revenue | 53258 | ||||||||||
Fund Group | $ | 2,352,771 | $ | 2,360,268 | 53259 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 381,519,747 | $ | 378,013,659 | 53260 |
COMMUNITY MENTAL HEALTH BOARD RISK FUND | 53261 |
The foregoing appropriation item 334-636, Community Mental | 53262 |
Health Board Risk Fund, shall be used to make payments pursuant to | 53263 |
section 5119.62 of the Revised Code. | 53264 |
Section 73.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT | 53265 |
SERVICES | 53266 |
General Revenue Fund | 53267 |
GRF | 335-419 | Community Medication Subsidy | $ | 7,682,295 | $ | 7,701,549 | 53268 | ||||
GRF | 335-502 | Community Mental Health Programs | $ | 38,166,674 | $ | 38,166,674 | 53269 | ||||
GRF | 335-508 | Services for Severely Mentally Disabled | $ | 60,405,135 | $ | 60,905,135 | 53270 | ||||
TOTAL GRF General Revenue Fund | $ | 106,254,104 | $ | 106,773,358 | 53271 |
General Services Fund Group | 53272 |
4N8 | 335-606 | Family Stability Incentive | $ | 7,460,600 | $ | 7,647,115 | 53273 | ||||
TOTAL GSF General Services | 53274 | ||||||||||
Fund Group | $ | 7,460,600 | $ | 7,647,115 | 53275 |
Federal Special Revenue Fund Group | 53276 |
3A7 | 335-612 | Social Services Block Grant | $ | 9,314,108 | $ | 9,314,108 | 53277 | ||||
3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 960,000 | $ | 960,000 | 53278 | ||||
3A9 | 335-614 | Mental Health Block Grant | $ | 12,754,654 | $ | 12,737,654 | 53279 | ||||
3B1 | 335-635 | Community Medicaid Expansion | $ | 157,480,000 | $ | 165,355,000 | 53280 |
State Special Revenue Fund Group | 53281 |
632 | 335-616 | Community Capital Replacement | $ | 250,000 | $ | 250,000 | 53282 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 250,000 | $ | 250,000 | 53283 |
TOTAL FED Federal Special Revenue | 53284 | ||||||||||
Fund Group | $ | 180,508,762 | $ | 188,366,762 | 53285 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 294,473,466 | $ | 303,037,235 | 53286 | ||||||
DEPARTMENT TOTAL | 53287 | ||||||||||
GENERAL REVENUE FUND | $ | 515,555,079 | $ | 513,832,559 | 53288 | ||||||
DEPARTMENT TOTAL | 53289 | ||||||||||
GENERAL SERVICES FUND GROUP | $ | 20,078,415 | $ | 20,289,025 | 53290 | ||||||
DEPARTMENT TOTAL | 53291 | ||||||||||
FEDERAL SPECIAL REVENUE | 53292 | ||||||||||
FUND GROUP | $ | 199,327,157 | $ | 206,370,154 | 53293 | ||||||
DEPARTMENT TOTAL | 53294 | ||||||||||
STATE SPECIAL REVENUE FUND GROUP | $ | 6,493,130 | $ | 5,572,886 | 53295 | ||||||
DEPARTMENT TOTAL | 53296 | ||||||||||
INTRAGOVERNMENTAL FUND GROUP | $ | 76,095,310 | $ | 78,181,973 | 53297 | ||||||
TOTAL DEPARTMENT OF MENTAL HEALTH | $ | 817,549,091 | $ | 824,246,597 | 53298 |
Section 73.03. COMMUNITY MEDICATION SUBSIDY | 53300 |
The foregoing appropriation item 335-419, Community | 53301 |
Medication Subsidy, shall be used to provide subsidized support | 53302 |
for psychotropic medication needs of indigent citizens in the | 53303 |
community to reduce unnecessary hospitalization because of lack of | 53304 |
medication and to provide subsidized support for methadone costs. | 53305 |
GENERAL COMMUNITY MENTAL HEALTH PROGRAMS | 53306 |
The foregoing appropriation item 335-502, Community Mental | 53307 |
Health Programs, shall be distributed by the Department of Mental | 53308 |
Health on a per capita basis to community mental health boards. | 53309 |
The purpose of the appropriation is to provide subsidized | 53310 |
support for general mental health services to Ohioans. The range | 53311 |
of mental health services eligible for funding shall be defined in | 53312 |
a Department of Mental Health rule. Community mental health | 53313 |
boards shall allocate funds in support of these services in | 53314 |
accordance with the mental health needs of the community. | 53315 |
MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS | 53316 |
The foregoing appropriation item 335-508, Services for | 53317 |
Severely Mentally Disabled, shall be used to fund mental health | 53318 |
services for adults and children who meet or have formerly met | 53319 |
criteria established by the Department of Mental Health under its | 53320 |
definition of severely mentally disabled. Those adults and | 53321 |
children who constitute severely mentally disabled include those | 53322 |
with a history of recent or chronic psychiatric hospitalizations, | 53323 |
a history of psychosis, a prognosis of continued severe social and | 53324 |
adaptive functioning impairment, or those certified impaired by | 53325 |
the Social Security Administration for reasons of mental illness. | 53326 |
In addition to the above, children and adolescents who are | 53327 |
currently determined to be severely mentally disabled, or who are | 53328 |
at risk of becoming severely mental disabled, and who are already | 53329 |
in or about to enter the juvenile justice system, or child welfare | 53330 |
system, or receiving special education services within the | 53331 |
education system may also receive services funded by appropriation | 53332 |
item 335-508, Services for Severely Mentally Disabled. | 53333 |
Of the foregoing appropriation item 335-508, Services for | 53334 |
Severely Mentally Disabled, $100,000 in each fiscal year shall be | 53335 |
used to fund family and consumer education and support. | 53336 |
Of the foregoing appropriation item 335-508, Services for | 53337 |
Severely Mentally Disabled, $2.7 million in each fiscal year shall | 53338 |
be used to transfer cash from the General Revenue Fund to Fund | 53339 |
4N8, Family Stability Incentive. This transfer shall be made | 53340 |
using an intrastate transfer voucher. | 53341 |
MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS | 53342 |
Any cash transferred for juvenile offenders projects from the | 53343 |
Department of Youth Services, the Department of Job and Family | 53344 |
Services, the Office of Criminal Justice Services, or other state | 53345 |
agencies to the Department of Mental Health (Fund 149) shall be | 53346 |
used by the Department of Mental Health to fund local mental | 53347 |
health services to juvenile offenders projects that are designed | 53348 |
to address the mental health needs of juvenile offenders with | 53349 |
serious mental illness. | 53350 |
BEHAVIORAL HEALTH MEDICAID SERVICES | 53351 |
The Department of Mental Health shall administer specified | 53352 |
Medicaid Services as delegated by the Department of Job and Family | 53353 |
Services in an interagency agreement. The foregoing appropriation | 53354 |
item 333-607, Behavioral Health Medicaid Services, may be used to | 53355 |
make payments for free-standing psychiatric hospital inpatient | 53356 |
services as defined in an interagency agreement with the | 53357 |
Department of Job and Family Services. | 53358 |
Section 74. DMR DEPARTMENT OF MENTAL RETARDATION | 53359 |
53360 |
Section 74.01. GENERAL ADMINISTRATION AND STATEWIDE | 53361 |
53362 |
General Revenue Fund | 53363 |
GRF | 320-321 | Central Administration | $ | 11,001,218 | $ | 11,361,253 | 53364 | ||||
GRF | 320-411 | Special Olympics | $ | 200,000 | $ | 200,000 | 53365 | ||||
GRF | 320-412 | Protective Services | $ | 1,402,498 | $ | 1,502,150 | 53366 | ||||
GRF | 320-415 | Lease-Rental Payments | $ | 24,754,900 | $ | 26,275,300 | 53367 | ||||
TOTAL GRF General Revenue Fund | $ | 37,358,616 | $ | 39,338,703 | 53368 |
General Services Fund Group | 53369 |
4B5 | 320-640 | Conference/Training | $ | 826,463 | $ | 864,496 | 53370 | ||||
TOTAL GSF General Services | 53371 | ||||||||||
Fund Group | $ | 826,463 | $ | 864,496 | 53372 |
Federal Special Revenue Fund Group | 53373 |
3A4 | 320-605 | Administrative Support | $ | 11,964,698 | $ | 12,492,892 | 53374 | ||||
3A5 | 320-613 | DD Council Operating | $ | 992,486 | $ | 992,486 | 53375 | ||||
Expenses | 53376 | ||||||||||
TOTAL FED Federal Special Revenue | 53377 | ||||||||||
Fund Group | $ | 12,957,184 | $ | 13,485,378 | 53378 | ||||||
TOTAL ALL GENERAL ADMINISTRATION | 53379 | ||||||||||
AND STATEWIDE SERVICES | 53380 | ||||||||||
BUDGET FUND GROUPS | $ | 51,142,263 | $ | 53,688,577 | 53381 |
LEASE-RENTAL PAYMENTS | 53382 |
The foregoing appropriation item 320-415, Lease-Rental | 53383 |
Payments, shall be used to meet all payments at the times they are | 53384 |
required to be made during the period from July 1, 2001, to June | 53385 |
30, 2003, by the Department of Mental Retardation and | 53386 |
Developmental Disabilities pursuant to leases and agreements made | 53387 |
under section 154.20 of the Revised Code, but limited to the | 53388 |
aggregate amount of $51,030,200. Nothing in this act shall be | 53389 |
deemed to contravene the obligation of the state to pay, without | 53390 |
necessity for further appropriation, from the sources pledged | 53391 |
thereto, the bond service charges on obligations issued pursuant | 53392 |
to section 154.20 of the Revised Code. | 53393 |
Section 74.02. COMMUNITY SERVICES | 53394 |
General Revenue Fund | 53395 |
GRF | 322-405 | State Use Program | $ | 264,685 | $ | 264,685 | 53396 | ||||
GRF | 322-413 | Residential and Support | $ | 155,168,317 | $ | 165,289,811 | 53397 | ||||
Services | 53398 | ||||||||||
GRF | 322-451 | Family Support Services | $ | 7,975,870 | $ | 7,975,870 | 53399 | ||||
GRF | 322-452 | Case Management | $ | 8,984,491 | $ | 9,874,628 | 53400 | ||||
GRF | 322-501 | County Boards Subsidies | $ | 45,366,297 | $ | 46,817,644 | 53401 | ||||
TOTAL GRF General Revenue Fund | $ | 217,759,660 | $ | 230,222,638 | 53402 |
General Services Fund Group | 53403 |
4J6 | 322-645 | Intersystem Services for | $ | 5,000,000 | $ | 5,000,000 | 53404 | ||||
Children | 53405 | ||||||||||
4U4 | 322-606 | Community MR and DD Trust | $ | 125,000 | $ | 131,250 | 53406 | ||||
4V1 | 322-611 | Program Support | $ | 2,000,000 | $ | 2,000,000 | 53407 | ||||
488 | 322-603 | Residential Services | $ | 2,499,188 | $ | 2,499,188 | 53408 | ||||
Refund | 53409 | ||||||||||
TOTAL GSF General Services | 53410 | ||||||||||
Fund Group | $ | 9,624,188 | $ | 9,630,438 | 53411 |
Federal Special Revenue Fund Group | 53412 |
3A4 | 322-605 | Community Program Support | $ | 3,024,047 | $ | 3,326,452 | 53413 | ||||
3A4 | 322-610 | Community Residential | $ | 5,924,858 | $ | 5,924,858 | 53414 | ||||
Support | 53415 | ||||||||||
3A5 | 322-613 | DD Council Grants | $ | 3,358,290 | $ | 3,358,290 | 53416 | ||||
3G6 | 322-639 | Medicaid Waiver | $ | 148,304,949 | $ | 151,754,169 | 53417 | ||||
3M7 | 322-650 | CAFS Medicaid | $ | 163,747,903 | $ | 172,568,939 | 53418 | ||||
325 | 322-608 | Federal Grants - | $ | 1,360,000 | $ | 1,360,000 | 53419 | ||||
Operating Expenses | 53420 | ||||||||||
325 | 322-612 | Social Service Block | $ | 11,500,000 | $ | 11,500,000 | 53421 | ||||
Grant | 53422 | ||||||||||
325 | 322-617 | Education Grants - | $ | 115,000 | $ | 115,000 | 53423 | ||||
Operating | 53424 | ||||||||||
TOTAL FED Federal Special Revenue | 53425 | ||||||||||
Fund Group | $ | 337,335,047 | $ | 349,907,708 | 53426 |
State Special Revenue Fund Group | 53427 |
4K8 | 322-604 | Waiver - Match | $ | 13,783,463 | $ | 14,039,133 | 53428 | ||||
5H0 | 322-619 | Medicaid Repayment | $ | 562,080 | $ | 576,132 | 53429 | ||||
TOTAL SSR State Special Revenue | 53430 | ||||||||||
Fund Group | $ | 14,345,543 | $ | 14,615,265 | 53431 | ||||||
TOTAL ALL COMMUNITY SERVICES | 53432 | ||||||||||
BUDGET FUND GROUPS | $ | 579,064,438 | $ | 604,376,049 | 53433 |
RESIDENTIAL AND SUPPORT SERVICES | 53434 |
The foregoing appropriation item 322-413, Residential and | 53435 |
Support Services, shall be used for any of the following: | 53436 |
(A) Home and community-based waiver services pursuant to | 53437 |
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 53438 |
U.S.C. 301, as amended; | 53439 |
(B) Services contracted by county boards of mental | 53440 |
retardation and developmental disabilities; | 53441 |
(C) Supported living services contracted by county boards of | 53442 |
mental retardation and developmental disabilities in accordance | 53443 |
with sections 5126.40 to 5126.47 of the Revised Code; | 53444 |
(D) Sermak Class Services used to implement the requirements | 53445 |
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220, | 53446 |
United States District Court for the Southern District of Ohio, | 53447 |
Eastern Division; | 53448 |
(E) Other Medicaid-reimbursed programs, in an amount not to | 53449 |
exceed $1,000,000 in each fiscal year, that enable persons with | 53450 |
mental retardation and developmental disabilities to live in the | 53451 |
community. | 53452 |
Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 53453 |
the Department of Mental Retardation and Developmental | 53454 |
Disabilities may develop residential and support service programs | 53455 |
that enable persons with mental retardation and developmental | 53456 |
disabilities to live in the community. Notwithstanding Chapter | 53457 |
5121. and section 5123.122 of the Revised Code, the department may | 53458 |
waive the support collection requirements of those statutes for | 53459 |
persons in community programs developed by the department under | 53460 |
this section. The department shall adopt rules under Chapter 119. | 53461 |
of the Revised Code or may use existing rules for the | 53462 |
implementation of these programs. | 53463 |
The Department of Mental Retardation and Developmental | 53464 |
Disabilities may designate a portion of appropriation item | 53465 |
332-413, Residential and Support Services, to county boards of | 53466 |
mental retardation and developmental disabilities that have | 53467 |
greater need for various residential and support services due to a | 53468 |
low percentage of residential and support services development in | 53469 |
comparison to the number of individuals with mental retardation or | 53470 |
developmental disabilities in the county. | 53471 |
Of the foregoing appropriation item 322-413, Residential and | 53472 |
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in | 53473 |
fiscal year 2003 shall be distributed by the Department to county | 53474 |
boards of mental retardation and developmental disabilities to | 53475 |
support Medicaid activities provided for in the component of a | 53476 |
county board's plan developed under division (A)(2) of section | 53477 |
5126.054 of the Revised Code and approved under section 5123.046 | 53478 |
of the Revised Code. Up to $3,000,000 of these funds in each | 53479 |
fiscal year may be used to implement day-to-day program management | 53480 |
services under division (A)(2) of section 5126.054 of the Revised | 53481 |
Code. Up to $4,200,000 in each fiscal year may be used to | 53482 |
implement the program and health and welfare requirements of | 53483 |
division (A)(2) of section 5126.054 of the Revised Code. | 53484 |
In fiscal years 2002 and 2003, not less than $2,500,000 and | 53485 |
$2,650,000, respectively, of these funds shall be used to recruit | 53486 |
and retain, under division (A)(2) of section 5126.054 of the | 53487 |
Revised Code, the direct care staff necessary to implement the | 53488 |
services included in an individualized service plan in a manner | 53489 |
that ensures the health and welfare of the individuals being | 53490 |
served. | 53491 |
FAMILY SUPPORT SERVICES | 53492 |
Notwithstanding sections 5123.171, 5123.19, 5123.20, and | 53493 |
5126.11 of the Revised Code, the Department of Mental Retardation | 53494 |
and Developmental Disabilities may implement programs funded by | 53495 |
appropriation item 322-451, Family Support Services, to provide | 53496 |
assistance to persons with mental retardation or developmental | 53497 |
disabilities and their families who are living in the community. | 53498 |
The department shall adopt rules to implement these programs. | 53499 |
CASE MANAGEMENT | 53500 |
The foregoing appropriation item 322-452, Case Management, | 53501 |
shall be allocated to county boards of mental retardation and | 53502 |
developmental disabilities for the purpose of providing case | 53503 |
management services and to assist in bringing state funding for | 53504 |
all department-approved case managers within county boards of | 53505 |
mental retardation and developmental disabilities to the level | 53506 |
authorized in division (D) of section 5126.15 of the Revised Code. | 53507 |
The department may request approval from the Controlling Board to | 53508 |
transfer any unobligated appropriation authority from other state | 53509 |
General Revenue Fund appropriation items within the department's | 53510 |
budget to appropriation item 322-452, Case Management, to be used | 53511 |
to meet the statutory funding level in division (D) of section | 53512 |
5126.15 of the Revised Code. | 53513 |
Notwithstanding division (D) of section 5126.15 of the | 53514 |
Revised Code and subject to funding in appropriation item 322-452, | 53515 |
Case Management, no county may receive less than its allocation in | 53516 |
fiscal year 1995. | 53517 |
STATE SUBSIDIES TO MR/DD BOARDS | 53518 |
Of the foregoing appropriation item 322-501, County Boards | 53519 |
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in | 53520 |
fiscal year 2003 shall be used to fund the tax equalization | 53521 |
program created under sections 5126.16 to 5126.18 of the Revised | 53522 |
Code for county boards of mental retardation and developmental | 53523 |
disabilities. The tax equalization program shall utilize the | 53524 |
average daily membership of adults 22 years of age and older in | 53525 |
habilitation and community employment services only for the yield | 53526 |
on 1/2 mills. | 53527 |
After funding the tax equalization program, the Department of | 53528 |
Mental Retardation and Developmental Disabilities shall distribute | 53529 |
the remaining appropriation authority in appropriation item | 53530 |
322-501, County Boards Subsidies, to county boards of mental | 53531 |
retardation and developmental disabilities for subsidies | 53532 |
distributed pursuant to section 5126.12 of the Revised Code to the | 53533 |
limit of the lesser of the amount required by that section or the | 53534 |
remaining balance of the appropriation authority in appropriation | 53535 |
item 322-501 prorated to all county boards of mental retardation | 53536 |
and developmental disabilities. | 53537 |
INTERSYSTEM SERVICES FOR CHILDREN | 53538 |
The foregoing appropriation item 322-645, Intersystem | 53539 |
Services for Children, shall be used to support direct grants to | 53540 |
county family and children first councils created under section | 53541 |
121.37 of the Revised Code. The funds shall be used as partial | 53542 |
support payment and reimbursement for locally coordinated | 53543 |
treatment plans for multi-needs children that come to the | 53544 |
attention of the Family and Children First Cabinet Council | 53545 |
pursuant to section 121.37 of the Revised Code. Any child | 53546 |
referred for funding under this program must have an | 53547 |
individualized educational plan (IEP) in place. The Department of | 53548 |
Mental Retardation and Developmental Disabilities may use up to | 53549 |
five per cent of this amount for administrative expenses | 53550 |
associated with the distribution of funds to the county councils. | 53551 |
WAIVER - MATCH | 53552 |
The foregoing appropriation item 322-604, Waiver-Match (Fund | 53553 |
4K8), shall be used as state matching funds for the home and | 53554 |
community-based waivers. | 53555 |
The Department of Job and Family Services may enter into an | 53556 |
interagency agreement with the Department of Mental Retardation | 53557 |
and Developmental Disabilities providing for the Department of | 53558 |
Mental Retardation and Developmental Disabilities to operate the | 53559 |
program. | 53560 |
DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A MODEL BILLING FOR | 53561 |
SERVICES RENDERED | 53562 |
Developmental centers of the Department of Mental Retardation | 53563 |
and Developmental Disabilities may provide services to persons | 53564 |
with mental retardation or developmental disabilities living in | 53565 |
the community or to providers of services to these persons. The | 53566 |
department may develop a methodology for recovery of all costs | 53567 |
associated with the provisions of these services. | 53568 |
Section 74.03. RESIDENTIAL FACILITIES | 53569 |
General Revenue Fund | 53570 |
GRF | 323-321 | Residential Facilities | $ | 99,765,232 | $ | 99,917,289 | 53571 | ||||
Operations | 53572 | ||||||||||
TOTAL GRF General Revenue Fund | $ | 99,765,232 | $ | 99,917,289 | 53573 |
General Services Fund Group | 53574 |
152 | 323-609 | Residential Facilities | $ | 889,929 | $ | 912,177 | 53575 | ||||
Support | 53576 | ||||||||||
TOTAL GSF General Services | 53577 | ||||||||||
Fund Group | $ | 889,929 | $ | 912,177 | 53578 |
Federal Special Revenue Fund Group | 53579 |
3A4 | 323-605 | Residential Facilities | $ | 120,985,419 | $ | 120,985,419 | 53580 | ||||
Reimbursement | 53581 | ||||||||||
325 | 323-608 | Federal Grants - | $ | 532,000 | $ | 536,000 | 53582 | ||||
Subsidies | 53583 | ||||||||||
325 | 323-617 | Education Grants - | $ | 411,000 | $ | 411,000 | 53584 | ||||
Residential Facilities | 53585 | ||||||||||
TOTAL FED Federal Special Revenue | 53586 | ||||||||||
Fund Group | $ | 121,928,419 | $ | 121,932,419 | 53587 |
State Special Revenue Fund Group | 53588 |
489 | 323-632 | Operating Expense | $ | 11,506,603 | $ | 12,125,628 | 53589 | ||||
TOTAL SSR State Special Revenue | 53590 | ||||||||||
Fund Group | $ | 11,506,603 | $ | 12,125,628 | 53591 | ||||||
TOTAL ALL RESIDENTIAL FACILITIES | 53592 | ||||||||||
BUDGET FUND GROUPS | $ | 234,090,183 | $ | 234,887,513 | 53593 |
DEPARTMENT TOTAL | 53594 | ||||||||||
GENERAL REVENUE FUND | $ | 354,883,508 | $ | 369,478,630 | 53595 | ||||||
DEPARTMENT TOTAL | 53596 | ||||||||||
GENERAL SERVICES FUND GROUP | $ | 11,340,580 | $ | 11,407,111 | 53597 | ||||||
DEPARTMENT TOTAL | 53598 | ||||||||||
FEDERAL SPECIAL REVENUE FUND GROUP | $ | 472,220,650 | $ | 485,325,505 | 53599 | ||||||
DEPARTMENT TOTAL | 53600 | ||||||||||
STATE SPECIAL REVENUE FUND GROUP | $ | 25,852,146 | $ | 26,740,893 | 53601 | ||||||
TOTAL DEPARTMENT OF MENTAL | 53602 | ||||||||||
RETARDATION AND DEVELOPMENTAL | 53603 | ||||||||||
DISABILITIES | $ | 864,296,884 | $ | 892,952,139 | 53604 |
Section 75. MIH COMMISSION ON MINORITY HEALTH | 53606 |
General Revenue Fund | 53607 |
GRF | 149-321 | Operating Expenses | $ | 635,218 | $ | 638,229 | 53608 | ||||
GRF | 149-501 | Minority Health Grants | $ | 954,360 | $ | 951,348 | 53609 | ||||
GRF | 149-502 | Lupus Program | $ | 179,206 | $ | 179,206 | 53610 | ||||
TOTAL GRF General Revenue Fund | $ | 1,768,784 | $ | 1,768,783 | 53611 |
Federal Special Revenue Fund Group | 53612 |
3J9 | 149-602 | Federal Grants | $ | 155,000 | $ | 150,000 | 53613 | ||||
TOTAL FED Federal Special Revenue | 53614 | ||||||||||
Fund Group | $ | 155,000 | $ | 150,000 | 53615 |
State Special Revenue Fund Group | 53616 |
4C2 | 149-601 | Minority Health Conference | $ | 369,194 | $ | 320,776 | 53617 | ||||
TOTAL SSR State Special Revenue | 53618 | ||||||||||
Fund Group | $ | 369,194 | $ | 320,776 | 53619 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,292,978 | $ | 2,239,559 | 53620 |
LUPUS PROGRAM | 53621 |
The foregoing appropriation item 149-502, Lupus Program, | 53622 |
shall be used to provide grants for programs in patient, public, | 53623 |
and professional education on the subject of systemic lupus | 53624 |
erythemtosus; to encourage and develop local centers on lupus | 53625 |
information gathering and screening; and to provide outreach to | 53626 |
minority women. | 53627 |
Section 76. CRB MOTOR VEHICLE COLLISION REPAIR | 53628 |
53629 |
General Service Fund Group | 53630 |
5H9 | 865-609 | Operating Expenses | $ | 250,025 | $ | 262,952 | 53631 | ||||
TOTAL GSF General Services | 53632 | ||||||||||
Fund Group | $ | 250,025 | $ | 262,952 | 53633 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 250,025 | $ | 262,952 | 53634 |
Section 77. DNR DEPARTMENT OF NATURAL RESOURCES | 53636 |
General Revenue Fund | 53637 |
GRF | 725-401 | Wildlife - GRF Central Support | $ | 1,050,000 | $ | 1,050,000 | 53638 | ||||
GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,092,400 | $ | 1,089,100 | 53639 | ||||
GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,920,400 | $ | 1,920,400 | 53640 | ||||
GRF | 725-412 | Reclamation Commission | $ | 67,123 | $ | 70,971 | 53641 | ||||
GRF | 725-413 | OPFC Lease Rental Payments | $ | 16,211,500 | $ | 14,279,000 | 53642 | ||||
GRF | 725-423 | Stream and Ground Water Gauging | $ | 448,745 | $ | 478,214 | 53643 | ||||
GRF | 725-425 | Wildlife License Reimbursement | $ | 1,000,000 | $ | 1,000,000 | 53644 | ||||
GRF | 725-456 | Canal Lands | $ | 397,811 | $ | 407,756 | 53645 | ||||
GRF | 725-502 | Soil and Water Districts | $ | 12,526,462 | $ | 12,771,123 | 53646 | ||||
GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 19,001,100 | $ | 22,101,900 | 53647 | ||||
GRF | 725-904 | Conservation General Obligation Debt Service | $ | 1,595,000 | $ | 6,695,000 | 53648 | ||||
GRF | 727-321 | Division of Forestry | $ | 10,209,173 | $ | 10,888,345 | 53649 | ||||
GRF | 728-321 | Division of Geological Survey | $ | 2,269,911 | $ | 2,432,974 | 53650 | ||||
GRF | 729-321 | Office of Information Technology | $ | 1,072,960 | $ | 1,985,667 | 53651 | ||||
GRF | 730-321 | Division of Parks and Recreation | $ | 35,651,542 | $ | 37,972,382 | 53652 | ||||
GRF | 733-321 | Division of Water | $ | 4,035,213 | $ | 4,234,581 | 53653 | ||||
GRF | 736-321 | Division of Engineering | $ | 3,709,501 | $ | 3,918,766 | 53654 | ||||
GRF | 737-321 | Division of Soil and Water | $ | 4,675,812 | $ | 4,879,744 | 53655 | ||||
GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,540,554 | $ | 2,669,042 | 53656 | ||||
GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,439,427 | $ | 3,616,940 | 53657 | ||||
GRF | 743-321 | Division of Civilian Conservation | $ | 2,842,407 | $ | 0 | 53658 | ||||
GRF | 744-321 | Division of Mineral Resources Management | $ | 3,946,725 | $ | 4,162,882 | 53659 | ||||
TOTAL GRF General Revenue Fund | $ | 129,703,766 | $ | 138,624,787 | 53660 |
General Services Fund Group | 53661 |
155 | 725-601 | Departmental Projects | $ | 2,216,594 | $ | 1,913,242 | 53662 | ||||
157 | 725-651 | Central Support Indirect | $ | 8,009,551 | $ | 8,423,094 | 53663 | ||||
158 | 725-604 | Natural Resources Publication Center Intrastate | $ | 94,198 | $ | 94,595 | 53664 | ||||
161 | 725-635 | Parks Facilities Maintenance | $ | 2,993,169 | $ | 3,063,124 | 53665 | ||||
204 | 725-687 | Information Services | $ | 3,010,774 | $ | 3,971,856 | 53666 | ||||
206 | 725-689 | REALM Support Services | $ | 475,000 | $ | 475,000 | 53667 | ||||
207 | 725-690 | Real Estate Services | $ | 50,000 | $ | 54,000 | 53668 | ||||
4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 53669 | ||||
4S9 | 725-622 | NatureWorks Personnel | $ | 759,143 | $ | 832,528 | 53670 | ||||
4X8 | 725-662 | Water Resources Council | $ | 275,633 | $ | 282,524 | 53671 | ||||
430 | 725-671 | Canal Lands | $ | 1,215,441 | $ | 1,259,511 | 53672 | ||||
508 | 725-684 | Natural Resources Publication Center Interstate | $ | 239,538 | $ | 245,808 | 53673 | ||||
510 | 725-631 | Maintenance - state-owned residences | $ | 224,926 | $ | 229,710 | 53674 | ||||
516 | 725-620 | Water Management | $ | 2,459,256 | $ | 2,522,146 | 53675 | ||||
635 | 725-664 | Fountain Square Facilities Management | $ | 2,755,109 | $ | 2,821,999 | 53676 | ||||
697 | 725-670 | Submerged Lands | $ | 589,315 | $ | 615,000 | 53677 | ||||
TOTAL GSF General Services | 53678 | ||||||||||
Fund Group | $ | 25,417,647 | $ | 26,854,137 | 53679 |
Federal Special Revenue Fund Group | 53680 |
3B3 | 725-640 | Federal Forest Pass-Thru | $ | 55,000 | $ | 55,000 | 53681 | ||||
3B4 | 725-641 | Federal Flood Pass-Thru | $ | 190,000 | $ | 190,000 | 53682 | ||||
3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 9,908,408 | $ | 10,125,056 | 53683 | ||||
3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 3,559,697 | $ | 3,689,697 | 53684 | ||||
3B7 | 725-654 | Reclamation - Regulatory | $ | 1,788,579 | $ | 1,799,459 | 53685 | ||||
3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 230,000 | $ | 230,000 | 53686 | ||||
3P1 | 725-632 | Geological Survey - Federal | $ | 381,910 | $ | 366,303 | 53687 | ||||
3P2 | 725-642 | Oil and Gas-Federal | $ | 189,701 | $ | 190,289 | 53688 | ||||
3P3 | 725-650 | Real Estate and Land Management - Federal | $ | 2,980,975 | $ | 3,184,300 | 53689 | ||||
3P4 | 725-660 | Water - Federal | $ | 180,000 | $ | 180,000 | 53690 | ||||
3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 600,000 | $ | 613,200 | 53691 | ||||
328 | 725-603 | Forestry Federal | $ | 1,200,000 | $ | 1,200,000 | 53692 | ||||
332 | 725-669 | Federal Mine Safety Grant | $ | 136,423 | $ | 141,880 | 53693 | ||||
TOTAL FED Federal Special Revenue | 53694 | ||||||||||
Fund Group | $ | 21,400,693 | $ | 21,965,184 | 53695 |
State Special Revenue Fund Group | 53696 |
4J2 | 725-628 | Injection Well Review | $ | 51,742 | $ | 61,638 | 53697 | ||||
4M7 | 725-631 | Wildfire Suppression | $ | 150,310 | $ | 150,000 | 53698 | ||||
4U6 | 725-668 | Scenic Rivers Protection | $ | 500,000 | $ | 510,000 | 53699 | ||||
5B3 | 725-674 | Mining Regulation | $ | 35,000 | $ | 35,000 | 53700 | ||||
5K1 | 725-626 | Urban Forestry Grant | $ | 400,000 | $ | 400,000 | 53701 | ||||
5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 1,500,000 | $ | 1,500,000 | 53702 | ||||
509 | 725-602 | State Forest | $ | 1,489,013 | $ | 1,536,595 | 53703 | ||||
511 | 725-646 | Ohio Geologic Mapping | $ | 1,010,933 | $ | 1,070,899 | 53704 | ||||
512 | 725-605 | State Parks Operations | $ | 28,844,322 | $ | 29,915,146 | 53705 | ||||
514 | 725-606 | Lake Erie Shoreline | $ | 1,171,052 | $ | 1,446,305 | 53706 | ||||
518 | 725-643 | Oil and Gas Permit Fees | $ | 1,821,252 | $ | 1,821,325 | 53707 | ||||
518 | 725-677 | Oil and Gas Well Plugging | $ | 800,000 | $ | 800,000 | 53708 | ||||
521 | 725-627 | Off-Road Vehicle Trails | $ | 66,213 | $ | 68,490 | 53709 | ||||
522 | 725-656 | Natural Areas Checkoff Funds | $ | 1,508,080 | $ | 1,860,670 | 53710 | ||||
526 | 725-610 | Strip Mining Administration Fees | $ | 1,480,566 | $ | 1,449,459 | 53711 | ||||
527 | 725-637 | Surface Mining Administration | $ | 2,963,272 | $ | 3,093,938 | 53712 | ||||
529 | 725-639 | Unreclaimed Land Fund | $ | 1,964,744 | $ | 2,040,327 | 53713 | ||||
531 | 725-648 | Reclamation Forfeiture | $ | 1,455,835 | $ | 1,491,087 | 53714 | ||||
532 | 725-644 | Litter Control and Recycling | $ | 13,137,680 | $ | 13,311,365 | 53715 | ||||
586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 53716 | ||||
615 | 725-661 | Dam Safety | $ | 244,442 | $ | 259,758 | 53717 | ||||
TOTAL SSR State Special Revenue | 53718 | ||||||||||
Fund Group | $ | 61,594,456 | $ | 63,822,002 | 53719 |
Wildlife Fund Group | 53720 |
015 | 740-401 | Division of Wildlife Conservation | $ | 46,177,752 | $ | 48,713,747 | 53721 | ||||
815 | 725-636 | Cooperative Management Projects | $ | 156,536 | $ | 160,449 | 53722 | ||||
816 | 725-649 | Wetlands Habitat | $ | 943,303 | $ | 966,885 | 53723 | ||||
817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 1,435,567 | $ | 1,472,755 | 53724 | ||||
818 | 725-629 | Cooperative Fisheries Research | $ | 964,470 | $ | 988,582 | 53725 | ||||
819 | 725-685 | Ohio River Management | $ | 125,448 | $ | 128,584 | 53726 | ||||
TOTAL WLF Wildlife Fund Group | $ | 49,803,076 | $ | 52,431,002 | 53727 |
Waterways Safety Fund Group | 53728 |
086 | 725-414 | Waterways Improvement | $ | 3,301,688 | $ | 3,472,497 | 53729 | ||||
086 | 725-416 | Natural Areas Marine Patrol | $ | 25,000 | $ | 0 | 53730 | ||||
086 | 725-417 | Parks Marine Patrol | $ | 25,000 | $ | 0 | 53731 | ||||
086 | 725-418 | Buoy Placement | $ | 41,153 | $ | 42,182 | 53732 | ||||
086 | 725-501 | Waterway Safety Grants | $ | 134,504 | $ | 137,867 | 53733 | ||||
086 | 725-506 | Watercraft Marine Patrol | $ | 562,100 | $ | 576,153 | 53734 | ||||
086 | 725-513 | Watercraft Educational Grants | $ | 357,700 | $ | 366,643 | 53735 | ||||
086 | 739-401 | Division of Watercraft | $ | 16,579,526 | $ | 17,374,158 | 53736 | ||||
TOTAL WSF Waterways Safety Fund | 53737 | ||||||||||
Group | $ | 21,026,671 | $ | 21,969,500 | 53738 |
Holding Account Redistribution Fund Group | 53739 |
R17 | 725-659 | Performance Cash Bond Refunds | $ | 251,500 | $ | 252,000 | 53740 | ||||
R43 | 725-624 | Forestry | $ | 1,750,000 | $ | 1,750,000 | 53741 | ||||
TOTAL 090 Holding Account | 53742 | ||||||||||
Redistribution Fund Group | $ | 2,001,500 | $ | 2,002,000 | 53743 |
Accrued Leave Liability Fund Group | 53744 |
4M8 | 725-675 | FOP Contract | $ | 19,609 | $ | 20,844 | 53745 | ||||
TOTAL ALF Accrued Leave | 53746 | ||||||||||
Liability Fund Group | $ | 19,609 | $ | 20,844 | 53747 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 310,967,418 | $ | 327,689,456 | 53748 |
Section 77.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT | 53750 |
SERVICE | 53751 |
The foregoing appropriation item 725-903, Natural Resources | 53752 |
General Obligation Debt Service, shall be used to pay all debt | 53753 |
service and financing costs at the times they are required to be | 53754 |
made pursuant to sections 151.01 and 151.05 of the Revised Code | 53755 |
during the period from July 1, 2001, to June 30, 2003. The Office | 53756 |
of the Sinking Fund or the Director of Budget and Management shall | 53757 |
effectuate the required payments by an intrastate transfer | 53758 |
voucher. | 53759 |
CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 53760 |
The foregoing appropriation item 725-904, Conservation | 53761 |
General Obligation Debt Service, shall be used to pay all debt | 53762 |
service and financing costs during the period from July 1, 2001, | 53763 |
to June 30, 2003, on obligations to be issued for conservation | 53764 |
purposes under Section 2o of Article VIII, Ohio Constitution, and | 53765 |
implementing legislation. The Office of the Sinking Fund or the | 53766 |
Director of Budget and Management shall effectuate the required | 53767 |
payments by an intrastate transfer voucher. | 53768 |
LEASE RENTAL PAYMENTS | 53769 |
The foregoing appropriation item 725-413, OPFC Lease Rental | 53770 |
Payments, shall be used to meet all payments at the times they are | 53771 |
required to be made during the period from July 1, 2001, to June | 53772 |
30, 2003, by the Department of Natural Resources pursuant to | 53773 |
leases and agreements made under section 154.22 of the Revised | 53774 |
Code, but limited to the aggregate amount of $30,490,500. Nothing | 53775 |
in this act shall be deemed to contravene the obligation of the | 53776 |
state to pay, without necessity for further appropriation, from | 53777 |
the sources pledged thereto, the bond service charges on | 53778 |
obligations issued pursuant to section 154.22 of the Revised Code. | 53779 |
FOUNTAIN SQUARE | 53780 |
The foregoing appropriation item 725-404, Fountain Square | 53781 |
Rental Payments - OBA, shall be used by the Department of Natural | 53782 |
Resources to meet all payments required to be made to the Ohio | 53783 |
Building Authority during the period from July 1, 2001, to June | 53784 |
30, 2003, pursuant to leases and agreements with the Ohio Building | 53785 |
Authority under section 152.241 of the Revised Code, but limited | 53786 |
to the aggregate amount of $2,181,500. | 53787 |
The Director of Natural Resources, using intrastate transfer | 53788 |
vouchers, shall make payments to the General Revenue Fund from | 53789 |
funds other than the General Revenue Fund to reimburse the General | 53790 |
Revenue Fund for the other funds' shares of the lease rental | 53791 |
payments to the Ohio Building Authority. The transfers from the | 53792 |
non-General Revenue funds shall be made within 10 days of the | 53793 |
payment to the Ohio Building Authority for the actual amounts | 53794 |
necessary to fulfill the leases and agreements pursuant to section | 53795 |
152.241 of the Revised Code. | 53796 |
The foregoing appropriation item 725-664, Fountain Square | 53797 |
Facilities Management (Fund 635), shall be used for payment of | 53798 |
repairs, renovation, utilities, property management, and building | 53799 |
maintenance expenses for the Fountain Square Complex. Cash | 53800 |
transferred by intrastate transfer vouchers from various | 53801 |
department funds and rental income received by the Department of | 53802 |
Natural Resources shall be deposited to the Fountain Square | 53803 |
Facilities Management Fund (Fund 635). | 53804 |
Section 77.02. CENTRAL SUPPORT INDIRECT | 53805 |
With the exception of the Division of Wildlife, whose | 53806 |
indirect central support charges shall be paid out of the General | 53807 |
Revenue Fund from the foregoing appropriation item 725-401, | 53808 |
Wildlife - GRF Central Support, the Department of Natural | 53809 |
Resources, with the approval of the Director of Budget and | 53810 |
Management, shall utilize a methodology for determining each | 53811 |
division's payments into the Central Support Indirect Fund (Fund | 53812 |
157). The methodology used shall contain the characteristics of | 53813 |
administrative ease and uniform application. Payments to the | 53814 |
Central Support Indirect Fund shall be made using an intrastate | 53815 |
transfer voucher. | 53816 |
WILDLIFE LICENSE REIMBURSEMENT | 53817 |
Notwithstanding the limits of the transfer from the General | 53818 |
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 53819 |
of the Revised Code, up to the amount available in appropriation | 53820 |
item 725-425, Wildlife License Reimbursement, may be transferred | 53821 |
from the General Revenue Fund to the Wildlife Fund (Fund 015). | 53822 |
Pursuant to the certification of the Director of Budget and | 53823 |
Management of the amount of foregone revenue in accordance with | 53824 |
section 1533.15 of the Revised Code, the foregoing appropriation | 53825 |
item in the General Revenue Fund, appropriation item 725-425, | 53826 |
Wildlife License Reimbursement, shall be used to reimburse the | 53827 |
Wildlife Fund (Fund 015) for the cost of hunting and fishing | 53828 |
licenses and permits issued after June 30, 1990, to individuals | 53829 |
who are exempted under the Revised Code from license, permit, and | 53830 |
stamp fees. | 53831 |
SOIL AND WATER DISTRICTS | 53832 |
In addition to state payments to soil and water conservation | 53833 |
districts authorized by section 1515.10 of the Revised Code, the | 53834 |
Department of Natural Resources may pay to any soil and water | 53835 |
conservation district, from authority in appropriation item | 53836 |
725-502, Soil and Water Districts, an annual amount not to exceed | 53837 |
$30,000, upon receipt of a request and justification from the | 53838 |
district and approval by the Ohio Soil and Water Conservation | 53839 |
Commission. The county auditor shall credit the payments to the | 53840 |
special fund established under section 1515.10 of the Revised Code | 53841 |
for the local soil and water conservation district. Moneys | 53842 |
received by each district shall be expended for the purposes of | 53843 |
the district. | 53844 |
Of the foregoing appropriation item 725-502, Soil and Water | 53845 |
Districts, $150,000 in each fiscal year shall be distributed to | 53846 |
the Muskingum Watershed Conservancy District and $50,000 in each | 53847 |
fiscal year shall be distributed to the Livestock Assurance | 53848 |
Program. | 53849 |
Of the foregoing appropriation 725-502, Soil and Water | 53850 |
Districts, $136,000 shall be earmarked in fiscal year 2002 for | 53851 |
Indian Lake, $56,000 per fiscal year for the Conservation Action | 53852 |
Program, $48,000 in fiscal year 2002 for Millcreek Valley | 53853 |
Conservation District, $40,000 per fiscal year for Wills Creek | 53854 |
Reservoir, $120,000 in fiscal year 2002 for the relocation of | 53855 |
Route 30, $250,000 in fiscal year 2002 for the Upper Hocking and | 53856 |
Rush Creek Flood Control project, and $100,000 per fiscal year for | 53857 |
Rush Creek Conservancy District. Of the foregoing appropriation | 53858 |
item 725-502, Soil and Water Districts, $150,000 shall be | 53859 |
earmarked in each fiscal year for the Loramie Lake Project. | 53860 |
DIVISION OF SOIL AND WATER | 53861 |
Of the foregoing appropriation item 737-321, Division of Soil | 53862 |
and Water, $220,000 in each fiscal year shall be distributed to | 53863 |
the Water Quality Laboratory located at Heidelberg College. | 53864 |
CANAL LANDS | 53865 |
The foregoing appropriation item 725-456, Canal Lands, shall | 53866 |
be used to transfer funds to the Canal Lands Fund (Fund 430) to | 53867 |
provide operating expenses for the State Canal Lands Program. The | 53868 |
transfer shall be made using an intrastate transfer voucher and | 53869 |
shall be subject to the approval of the Director of Budget and | 53870 |
Management. | 53871 |
WATERCRAFT MARINE PATROL | 53872 |
Of the foregoing appropriation item 739-401, Division of | 53873 |
Watercraft, not more than $200,000 in each fiscal year shall be | 53874 |
expended for the purchase of equipment for marine patrols | 53875 |
qualifying for funding from the Department of Natural Resources | 53876 |
pursuant to section 1547.67 of the Revised Code. Proposals for | 53877 |
equipment shall accompany the submission of documentation for | 53878 |
receipt of a marine patrol subsidy pursuant to section 1547.67 of | 53879 |
the Revised Code and shall be loaned to eligible marine patrols | 53880 |
pursuant to a cooperative agreement between the Department of | 53881 |
Natural Resources and the eligible marine patrol. | 53882 |
FUND CONSOLIDATION | 53883 |
On July 15, 2001, or as soon thereafter as possible, the | 53884 |
Director of Budget and Management shall transfer the cash balances | 53885 |
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and | 53886 |
any amounts that accrue to that fund after that date, to the | 53887 |
Wildlife Education Fund (Fund 015). The Director shall cancel any | 53888 |
remaining outstanding encumbrances against appropriation item | 53889 |
725-612, Wildlife Education, and reestablish them against | 53890 |
appropriation item 740-401, Division of Wildlife Conservation. The | 53891 |
amounts of any encumbrances canceled and reestablished are | 53892 |
appropriated. | 53893 |
On July 15, 2001, or as soon thereafter as possible, the | 53894 |
Director of Budget and Management shall transfer the cash balances | 53895 |
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June | 53896 |
30, 2001, and any amounts that accrue to that fund after that | 53897 |
date, to the Waterways Safety Fund (Fund 086). The director shall | 53898 |
cancel any remaining outstanding encumbrances against | 53899 |
appropriation item 725-614, Cooperative Boat Harbor Projects, and | 53900 |
reestablish them against appropriation item 739-401, Division of | 53901 |
Watercraft. The amounts of any encumbrances canceled and | 53902 |
reestablished are hereby appropriated. | 53903 |
On July 15, 2001, or as soon thereafter as possible, the | 53904 |
Director of Budget and Management shall transfer the cash balances | 53905 |
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001, | 53906 |
and any amounts that accrue to that fund after that date, to the | 53907 |
State Forest Fund (Fund 509). The director shall cancel any | 53908 |
remaining outstanding encumbrances against appropriation item | 53909 |
725-617, Forestry Development Fund, and reestablish them against | 53910 |
appropriation item 725-602, State Forest. The amounts of any | 53911 |
encumbrances canceled and reestablished are appropriated. No | 53912 |
interest shall be credited to Fund 4B8 after June 30, 2001. | 53913 |
On July 15, 2001, or as soon thereafter as possible, the | 53914 |
Director of Budget and Management shall transfer the cash balance | 53915 |
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by | 53916 |
the repeal of section 1507.12 of the Revised Code in this act, to | 53917 |
the Burr Oak Regional Water District. | 53918 |
CIVILIAN CONSERVATION CORPS | 53919 |
The Director of Budget and Management, before June 30, 2003, | 53920 |
shall transfer the cash balance of the Civilian Conservation Corps | 53921 |
Operations Fund (Fund 162), and shall transfer any amounts that | 53922 |
accrue to that fund after that date, to the State Parks Operations | 53923 |
Fund (Fund 512). The Director shall cancel any existing | 53924 |
encumbrances against appropriation item 725-625, Civilian | 53925 |
Conservation Corps Operations, and re-establish them against | 53926 |
appropriation item 725-605, State Parks Operations. The amount of | 53927 |
the re-established encumbrances is appropriated. After the cash | 53928 |
balance is transferred, the Civilian Conservation Corps Operations | 53929 |
Fund (Fund 162), which was created by the Controlling Board in | 53930 |
1982, is abolished. | 53931 |
OIL AND GAS WELL PLUGGING | 53932 |
The foregoing appropriation item 725-677, Oil and Gas Well | 53933 |
Plugging, shall be used exclusively for the purposes of plugging | 53934 |
wells and to properly restore the land surface of idle and orphan | 53935 |
oil and gas wells pursuant to section 1509.071 of the Revised | 53936 |
Code. No funds from the appropriation item shall be used for | 53937 |
salaries, maintenance, equipment, or other administrative | 53938 |
purposes, except for those costs directly attributed to the | 53939 |
plugging of an idle or orphan well. Appropriation authority from | 53940 |
this line item shall not be transferred to any other fund or line | 53941 |
item. | 53942 |
Section 78. NUR STATE BOARD OF NURSING | 53943 |
General Services Fund Group | 53944 |
4K9 | 884-609 | Operating Expenses | $ | 4,816,241 | $ | 5,205,776 | 53945 | ||||
5P8 | 884-601 | Nursing Special Issues | $ | 5,000 | $ | 5,000 | 53946 | ||||
TOTAL GSF General Services | 53947 | ||||||||||
Fund Group | $ | 4,821,241 | $ | 5,210,776 | 53948 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 4,821,241 | $ | 5,210,776 | 53949 |
NURSING SPECIAL ISSUES | 53950 |
Not later than thirty days after the effective date of this | 53951 |
section, the Director of Budget and Management shall transfer | 53952 |
$5,000 cash from the Occupational Licensing and Regulatory Fund | 53953 |
(Fund 4K9) to the Nursing Special Issues Fund (Fund 5P8). | 53954 |
Not later than July 30, 2002, the Director of Budget and | 53955 |
Management shall transfer $5,000 cash from the Occupational | 53956 |
Licensing and Regulatory Fund (Fund 4K9) to the Nursing Special | 53957 |
Issues Fund (Fund 5P8). | 53958 |
The foregoing appropriation item 884-601, Nursing Special | 53959 |
Issues (Fund 5P8), shall be used to pay the costs the Board of | 53960 |
Nursing incurs in implementing section 4723.062 of the Revised | 53961 |
Code. | 53962 |
Section 79. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 53963 |
53964 |
General Services Fund Group | 53965 |
4K9 | 890-609 | Operating Expenses | $ | 681,020 | $ | 703,201 | 53966 | ||||
TOTAL GSF General Services | 53967 | ||||||||||
Fund Group | $ | 681,020 | $ | 703,201 | 53968 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 681,020 | $ | 703,201 | 53969 |
OPERATING EXPENSES | 53970 |
Notwithstanding Section 74 of Am. H.B. 283 of the 123rd | 53971 |
General Assembly, the findings of the two clinical outcomes | 53972 |
studies required by the Operating Expenses earmark shall be | 53973 |
reported not later than December 31, 2001. | 53974 |
Section 80. OLA OHIOANA LIBRARY ASSOCIATION | 53975 |
General Revenue Fund | 53976 |
GRF | 355-501 | Library Subsidy | $ | 243,367 | $ | 248,786 | 53977 | ||||
TOTAL GRF General Revenue Fund | $ | 243,367 | $ | 248,786 | 53978 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 243,367 | $ | 248,786 | 53979 |
Section 81. ODB OHIO OPTICAL DISPENSERS BOARD | 53981 |
General Services Fund Group | 53982 |
4K9 | 894-609 | Operating Expenses | $ | 280,391 | $ | 295,277 | 53983 | ||||
TOTAL GSF General Services | 53984 | ||||||||||
Fund Group | $ | 280,391 | $ | 295,277 | 53985 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 280,391 | $ | 295,277 | 53986 |
Section 82. OPT STATE BOARD OF OPTOMETRY | 53988 |
General Services Fund Group | 53989 |
4K9 | 885-609 | Operating Expenses | $ | 289,600 | $ | 306,051 | 53990 | ||||
TOTAL GSF General Services | 53991 | ||||||||||
Fund Group | $ | 289,600 | $ | 306,051 | 53992 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 289,600 | $ | 306,051 | 53993 |
Section 83. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND | 53994 |
PEDORTHICS | 53995 |
General Services Fund Group | 53996 |
4K9 | 973-609 | Operating Expenses | $ | 98,622 | $ | 100,518 | 53997 | ||||
TOTAL GSF General Services | 53998 | ||||||||||
Fund Group | $ | 98,622 | $ | 100,518 | 53999 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 98,622 | $ | 100,518 | 54000 |
Section 84. PBR STATE PERSONNEL BOARD OF REVIEW | 54001 |
General Revenue Fund | 54002 |
GRF | 124-321 | Operating | $ | 1,015,059 | $ | 1,059,243 | 54003 | ||||
TOTAL GRF General Revenue Fund | $ | 1,015,059 | $ | 1,059,243 | 54004 |
General Services Fund Group | 54005 |
636 | 124-601 | Transcript and Other | $ | 39,598 | $ | 40,587 | 54006 | ||||
TOTAL GSF General Services | 54007 | ||||||||||
Fund Group | $ | 39,598 | $ | 40,587 | 54008 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,054,657 | $ | 1,099,830 | 54009 |
TRANSCRIPT AND OTHER | 54010 |
The foregoing appropriation item 124-601, Transcript and | 54011 |
Other, may be used to produce and distribute transcripts and other | 54012 |
documents. Revenues generated by charges for transcripts and | 54013 |
other documents shall be deposited in the Transcripts and Other | 54014 |
Fund (Fund 636). | 54015 |
Section 85. PRX STATE BOARD OF PHARMACY | 54016 |
General Services Fund Group | 54017 |
4A5 | 887-605 | Drug Law Enforcement | $ | 72,900 | $ | 75,550 | 54018 | ||||
5N2 | 887-603 | Operating Expenses | $ | 4,353,629 | $ | 4,744,594 | 54019 | ||||
TOTAL GSF General Services | 54020 | ||||||||||
Fund Group | $ | 4,426,529 | $ | 4,820,144 | 54021 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 4,426,529 | $ | 4,820,144 | 54022 |
PHARMACY BOARD OPERATING FUND | 54023 |
On July 1, 2001, or as soon as possible thereafter, the | 54024 |
Executive Director of the State Board of Pharmacy shall certify | 54025 |
the board's portion of the cash balance in the Occupational | 54026 |
Licensing and Regulatory Fund (Fund 4K9) to the Director of Budget | 54027 |
and Management. The Director of Budget and Management shall | 54028 |
transfer the certified amount from Fund 4K9 to the Pharmacy Board | 54029 |
Operating Fund (Fund 5N2). | 54030 |
The Director of Budget and Management shall cancel any | 54031 |
existing encumbrances against appropriation item 887-609, | 54032 |
Operating Expenses (Fund 4K9), and reestablish them against | 54033 |
appropriation item 887-603, Operating Expenses (Fund 5N2). The | 54034 |
amounts of the reestablished encumbrances are appropriated. | 54035 |
Section 86. SCR STATE BOARD OF PROPRIETARY SCHOOL | 54036 |
54037 |
General Revenue Fund | 54038 |
GRF | 233-100 | Personal Services | $ | 326,400 | $ | 333,429 | 54039 | ||||
GRF | 233-200 | Maintenance | $ | 77,760 | $ | 78,776 | 54040 | ||||
GRF | 233-300 | Equipment | $ | 4,286 | $ | 4,279 | 54041 | ||||
TOTAL GRF General Revenue Fund | $ | 408,446 | $ | 416,484 | 54042 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 408,446 | $ | 416,484 | 54043 |
Section 87. PSY STATE BOARD OF PSYCHOLOGY | 54045 |
General Services Fund Group | 54046 |
4K9 | 882-609 | Operating Expenses | $ | 459,382 | $ | 486,184 | 54047 | ||||
TOTAL GSF General Services | 54048 | ||||||||||
Fund Group | $ | 459,382 | $ | 486,184 | 54049 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 459,382 | $ | 486,184 | 54050 |
Section 88. PUB OHIO PUBLIC DEFENDER COMMISSION | 54052 |
General Revenue Fund | 54053 |
GRF | 019-321 | Public Defender Administration | $ | 1,772,373 | $ | 1,772,373 | 54054 | ||||
GRF | 019-401 | State Legal Defense Services | $ | 6,983,914 | $ | 7,259,931 | 54055 | ||||
GRF | 019-403 | Multi-County: State Share | $ | 1,110,254 | $ | 1,104,920 | 54056 | ||||
GRF | 019-404 | Trumbull County-State Share | $ | 364,686 | $ | 363,917 | 54057 | ||||
GRF | 019-405 | Training Account | $ | 48,000 | $ | 48,000 | 54058 | ||||
GRF | 019-501 | County Reimbursement - Non-Capital Cases | $ | 33,893,062 | $ | 34,512,523 | 54059 | ||||
GRF | 019-503 | County Reimbursements - Capital Cases | $ | 935,868 | $ | 1,000,000 | 54060 | ||||
TOTAL GRF General Revenue Fund | $ | 45,108,157 | $ | 46,061,664 | 54061 |
General Services Fund Group | 54062 |
101 | 019-602 | Inmate Legal Assistance | $ | 67,172 | $ | 71,020 | 54063 | ||||
101 | 019-607 | Juvenile Legal Assistance | $ | 458,767 | $ | 481,462 | 54064 | ||||
406 | 019-603 | Training and Publications | $ | 16,000 | $ | 16,000 | 54065 | ||||
407 | 019-604 | County Representation | $ | 213,778 | $ | 240,556 | 54066 | ||||
408 | 019-605 | Client Payments | $ | 260,584 | $ | 285,533 | 54067 | ||||
TOTAL GSF General Services | 54068 | ||||||||||
Fund Group | $ | 1,016,301 | $ | 1,094,571 | 54069 |
Federal Special Revenue Fund Group | 54070 |
3S8 | 019-608 | Federal Representation | $ | 564,929 | $ | 594,247 | 54071 | ||||
3U7 | 019-614 | Juvenile JAIBG Grant | 51,516 | 54,601 | 54072 | ||||||
3U8 | 019-615 | Juvenile Challenge Grant | 118,658 | 124,984 | 54073 | ||||||
TOTAL FED Federal Special Revenue | 54074 | ||||||||||
Fund Group | $ | 735,103 | $ | 773,832 | 54075 |
State Special Revenue Fund Group | 54076 |
4C7 | 019-601 | Multi-County: County Share | $ | 1,603,064 | $ | 1,714,575 | 54077 | ||||
4X7 | 019-610 | Trumbull County-County Share | $ | 526,560 | $ | 564,714 | 54078 | ||||
574 | 019-606 | Legal Services Corporation | $ | 15,725,233 | $ | 16,275,558 | 54079 | ||||
TOTAL SSR State Special Revenue | 54080 | ||||||||||
Fund Group | $ | 17,854,857 | $ | 18,554,847 | 54081 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 64,714,418 | $ | 66,484,914 | 54082 |
INDIGENT DEFENSE OFFICE | 54083 |
The foregoing appropriation items 019-404, Trumbull County - | 54084 |
State Share, and 019-610, Trumbull County - County Share, shall be | 54085 |
used to support an indigent defense office for Trumbull County. | 54086 |
MULTI-COUNTY OFFICE | 54087 |
The foregoing appropriation items 019-403, Multi-County: | 54088 |
State Share, and 019-601, Multi-County: County Share, shall be | 54089 |
used to support the Office of the Ohio Public Defender's | 54090 |
Multi-County Branch Office program. | 54091 |
TRAINING ACCOUNT | 54092 |
The foregoing appropriation item 019-405, Training Account, | 54093 |
shall be used by the Ohio Public Defender to provide legal | 54094 |
training programs at no cost for private appointed counsel who | 54095 |
represent at least one indigent defendant at no cost, and for | 54096 |
state and county public defenders and attorneys who contract with | 54097 |
the Ohio Public Defender to provide indigent defense services. | 54098 |
FEDERAL REPRESENTATION | 54099 |
The foregoing appropriation item 019-608, Federal | 54100 |
Representation, shall be used to receive reimbursements from the | 54101 |
federal courts when the Ohio Public Defender provides | 54102 |
representation on federal court cases. | 54103 |
Section 89. DHS DEPARTMENT OF PUBLIC SAFETY | 54104 |
General Revenue Fund | 54105 |
GRF | 763-403 | Operating Expenses - EMA | $ | 3,851,927 | $ | 4,225,628 | 54106 | ||||
GRF | 763-507 | Individual and Family Grants | $ | 90,014 | $ | 89,398 | 54107 | ||||
GRF | 764-404 | Transportation Enforcement Operations | $ | 2,438,979 | $ | 2,491,606 | 54108 | ||||
GRF | 769-321 | Food Stamp Trafficking Enforcement Operations | $ | 935,817 | $ | 981,422 | 54109 | ||||
TOTAL GRF General Revenue Fund | $ | 7,316,737 | $ | 7,788,054 | 54110 |
TOTAL ALL BUDGET FUND GROUPS | $ | 7,316,737 | $ | 7,788,054 | 54111 |
OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT | 54112 |
Of the foregoing appropriation item 763-403, Operating | 54113 |
Expenses - EMA, $200,000 in each fiscal year shall be used to fund | 54114 |
the Ohio Task Force One - Urban Search and Rescue Unit and other | 54115 |
urban search and rescue programs around the state to create a | 54116 |
stronger search and rescue capability statewide. | 54117 |
IFG STATE MATCH | 54118 |
The foregoing appropriation item 763-507, Individual and | 54119 |
Family Grants, shall be used to fund the state share of costs to | 54120 |
provide grants to individuals and families in cases of disaster. | 54121 |
Section 90. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 54122 |
General Services Fund Group | 54123 |
5F6 | 870-622 | Utility and Railroad Regulation | $ | 29,104,298 | $ | 30,622,222 | 54124 | ||||
5F6 | 870-624 | NARUC/NRRI Subsidy | $ | 167,233 | $ | 167,233 | 54125 | ||||
5F6 | 870-625 | Motor Transportation Regulation | $ | 4,578,771 | $ | 4,811,239 | 54126 | ||||
558 | 870-602 | Salvage and Exchange | $ | 32,474 | $ | 33,285 | 54127 | ||||
TOTAL GSF General Services | 54128 | ||||||||||
Fund Group | $ | 33,882,776 | $ | 35,633,979 | 54129 |
Federal Special Revenue Fund Group | 54130 |
3V3 | 870-604 | Commercial Vehicle Information Systems/Networks | $ | 2,500,000 | $ | 0 | 54131 | ||||
333 | 870-601 | Gas Pipeline Safety | $ | 461,920 | $ | 485,332 | 54132 | ||||
350 | 870-608 | Motor Carrier Safety | $ | 6,749,153 | $ | 7,027,712 | 54133 | ||||
TOTAL FED Federal Special Revenue | 54134 | ||||||||||
Fund Group | $ | 9,711,073 | $ | 7,513,044 | 54135 |
State Special Revenue Fund Group | 54136 |
4A3 | 870-614 | Grade Crossing Protection Devices-State | $ | 1,311,986 | $ | 1,349,757 | 54137 | ||||
4L8 | 870-617 | Pipeline Safety-State | $ | 177,323 | $ | 187,621 | 54138 | ||||
4S6 | 870-618 | Hazardous Material Registration | $ | 449,927 | $ | 464,325 | 54139 | ||||
4S6 | 870-621 | Hazardous Materials Base State Registration | $ | 364,240 | $ | 373,346 | 54140 | ||||
4U8 | 870-620 | Civil Forfeitures | $ | 269,426 | $ | 284,986 | 54141 | ||||
559 | 870-605 | Public Utilities Territorial Administration | $ | 4,000 | $ | 4,000 | 54142 | ||||
560 | 870-607 | Special Assessment | $ | 100,000 | $ | 100,000 | 54143 | ||||
561 | 870-606 | Power Siting Board | $ | 319,839 | $ | 337,210 | 54144 | ||||
638 | 870-611 | Biomass Energy Program | $ | 40,000 | $ | 40,000 | 54145 | ||||
661 | 870-612 | Hazardous Materials Transportation | $ | 800,000 | $ | 800,000 | 54146 | ||||
TOTAL SSR State Special Revenue | 54147 | ||||||||||
Fund Group | $ | 3,836,741 | $ | 3,941,245 | 54148 |
Agency Fund Group | 54149 |
4G4 | 870-616 | Base State Registration Program | $ | 6,500,000 | $ | 6,500,000 | 54150 | ||||
TOTAL AGY Agency Fund Group | $ | 6,500,000 | $ | 6,500,000 | 54151 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 53,930,590 | $ | 53,588,268 | 54152 |
TEMPORARY CASH TRANSFERS | 54153 |
On July 1, 2001, or as soon as possible thereafter, the | 54154 |
Director of Budget and Management shall transfer $150,000 in cash | 54155 |
from Fund 4U8, Civil Forfeitures, and $350,000 in cash from Fund | 54156 |
4S6, Hazardous Materials Registration, to Fund 3V3, Commercial | 54157 |
Vehicle Information Systems/Networks Fund, which is hereby created | 54158 |
in the State Treasury. The Commercial Vehicle Information | 54159 |
Systems/Networks Fund shall receive funding from the United States | 54160 |
Department of Transportation's Commercial Vehicle Intelligent | 54161 |
Transportation System Infrastructure Deployment Program and shall | 54162 |
be used to deploy the Ohio Commercial Vehicle Information Systems | 54163 |
and Networks Project and to expedite and improve safety of motor | 54164 |
carrier operations through electronic exchange of data by means of | 54165 |
on-highway electronic systems. | 54166 |
The Chairman of the Public Utilities Commission shall notify | 54167 |
the Director of Budget and Management when the cash balance in | 54168 |
Fund 3V3 is sufficient for the transfers required under this | 54169 |
heading to be repaid. On or before June 30, 2003, the Director of | 54170 |
Budget and Management shall transfer $150,000 in cash from Fund | 54171 |
3V3, Commercial Vehicle Information Systems/Networks, to Fund 4U8, | 54172 |
Civil Forfeitures, and $350,000 in cash from Fund 3V3, Commercial | 54173 |
Vehicle Information Systems/Networks, to Fund 4S6, Hazardous | 54174 |
Materials Registration. | 54175 |
BIOMASS ENERGY PROGRAM FUND | 54176 |
The Biomass Energy Program Fund created by section 4905.87 of | 54177 |
the Revised Code is the same fund, with a new name, as the | 54178 |
Biofuels/Municipal Waste Technology Fund created by the | 54179 |
Controlling Board in January 1988. | 54180 |
Section 91. PWC PUBLIC WORKS COMMISSION | 54181 |
General Revenue Fund | 54182 |
GRF | 150-907 | State Capital Improvements | $ | 135,693,200 | $ | 146,210,200 | 54183 | ||||
General Obligation Debt | 54184 | ||||||||||
Service | 54185 | ||||||||||
TOTAL GRF General Revenue Fund | $ | 135,693,200 | $ | 146,210,200 | 54186 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 135,693,200 | $ | 146,210,200 | 54187 |
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 54188 |
The foregoing appropriation item 150-907, State Capital | 54189 |
Improvements General Obligation Debt Service, shall be used to pay | 54190 |
all debt service and financing costs at the times they are | 54191 |
required to be made pursuant to sections 151.01, 151.08, and | 54192 |
164.10 of the Revised Code during the period from July 1, 2001, to | 54193 |
June 30, 2003. The Office of the Sinking Fund or the Director of | 54194 |
Budget and Management shall effectuate the required payments by an | 54195 |
intrastate transfer voucher. | 54196 |
Section 92. RAC STATE RACING COMMISSION | 54197 |
State Special Revenue Fund Group | 54198 |
5C4 | 875-607 | Simulcast Horse Racing Purse | $ | 16,301,749 | $ | 18,025,043 | 54199 | ||||
562 | 875-601 | Thoroughbred Race Fund | $ | 4,529,149 | $ | 4,642,378 | 54200 | ||||
563 | 875-602 | Standardbred Development Fund | $ | 2,022,797 | $ | 2,200,810 | 54201 | ||||
564 | 875-603 | Quarterhorse Development Fund | $ | 1,000 | $ | 1,000 | 54202 | ||||
565 | 875-604 | Racing Commission Operating | $ | 4,109,513 | $ | 4,314,143 | 54203 | ||||
TOTAL SSR State Special Revenue | 54204 | ||||||||||
Fund Group | $ | 26,964,208 | $ | 29,183,374 | 54205 |
Holding Account Redistribution Fund Group | 54206 |
R21 | 875-605 | Bond Reimbursements | $ | 212,900 | $ | 212,900 | 54207 | ||||
TOTAL 090 Holding Account Redistribution | 54208 | ||||||||||
Fund Group | $ | 212,900 | $ | 212,900 | 54209 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 27,177,108 | $ | 29,396,274 | 54210 |
Section 93. BOR BOARD OF REGENTS | 54212 |
General Revenue Fund | 54213 |
GRF | 235-321 | Operating Expenses | $ | 3,200,141 | $ | 3,264,144 | 54214 | ||||
GRF | 235-401 | Lease-Rental Payments | $ | 295,058,500 | $ | 268,910,500 | 54215 | ||||
GRF | 235-402 | Sea Grants | $ | 299,940 | $ | 299,940 | 54216 | ||||
GRF | 235-403 | Math/Science Teaching Improvement | $ | 1,984,000 | $ | 2,018,680 | 54217 | ||||
GRF | 235-404 | College Readiness Initiatives | $ | 2,500,000 | $ | 2,500,000 | 54218 | ||||
GRF | 235-406 | Articulation and Transfer | $ | 800,000 | $ | 800,000 | 54219 | ||||
GRF | 235-408 | Midwest Higher Education Compact | $ | 82,500 | $ | 82,500 | 54220 | ||||
GRF | 235-409 | Information System | $ | 1,389,263 | $ | 1,417,049 | 54221 | ||||
GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,400,888 | $ | 1,428,907 | 54222 | ||||
GRF | 235-415 | Jobs Challenge | $ | 10,100,000 | $ | 10,200,000 | 54223 | ||||
GRF | 235-417 | Ohio Learning Network | $ | 3,920,000 | $ | 3,920,000 | 54224 | ||||
GRF | 235-418 | Access Challenge | $ | 50,000,000 | $ | 50,000,000 | 54225 | ||||
GRF | 235-420 | Success Challenge | $ | 48,741,000 | $ | 48,741,000 | 54226 | ||||
GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,000,000 | $ | 1,500,000 | 54227 | ||||
GRF | 235-454 | Research Challenge | $ | 21,568,440 | $ | 21,568,440 | 54228 | ||||
GRF | 235-455 | Productivity Improvement Challenge | $ | 1,694,947 | $ | 1,728,845 | 54229 | ||||
GRF | 235-474 | Area Health Education Centers Program Support | $ | 2,093,727 | $ | 2,135,601 | 54230 | ||||
GRF | 235-477 | Access Improvement Projects | $ | 1,088,661 | $ | 1,088,661 | 54231 | ||||
GRF | 235-501 | State Share of Instruction | $ | 1,699,981,471 | $ | 1,706,692,168 | 54232 | ||||
GRF | 235-502 | Student Support Services | $ | 1,000,000 | $ | 1,000,000 | 54233 | ||||
GRF | 235-503 | Ohio Instructional Grants | $ | 98,000,000 | $ | 111,500,000 | 54234 | ||||
GRF | 235-504 | War Orphans Scholarships | $ | 4,652,548 | $ | 4,792,124 | 54235 | ||||
GRF | 235-507 | OhioLINK | $ | 7,668,731 | $ | 7,668,731 | 54236 | ||||
GRF | 235-508 | Air Force Institute of Technology | $ | 2,000,000 | $ | 1,500,000 | 54237 | ||||
GRF | 235-509 | Displaced Homemakers | $ | 240,096 | $ | 240,096 | 54238 | ||||
GRF | 235-510 | Ohio Supercomputer Center | $ | 4,833,574 | $ | 4,833,574 | 54239 | ||||
GRF | 235-511 | Cooperative Extension Service | $ | 28,262,696 | $ | 28,827,949 | 54240 | ||||
GRF | 235-513 | OU Voinovich Center | $ | 367,500 | $ | 367,500 | 54241 | ||||
GRF | 235-514 | Central State Supplement | $ | 12,044,956 | $ | 12,044,956 | 54242 | ||||
GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 4,280,224 | $ | 4,365,827 | 54243 | ||||
GRF | 235-519 | Family Practice | $ | 6,538,471 | $ | 6,669,240 | 54244 | ||||
GRF | 235-520 | Shawnee State Supplement | $ | 1,845,106 | $ | 904,237 | 54245 | ||||
GRF | 235-521 | OSU Glenn Institute | $ | 367,500 | $ | 367,500 | 54246 | ||||
GRF | 235-524 | Police and Fire Protection | $ | 240,096 | $ | 240,096 | 54247 | ||||
GRF | 235-525 | Geriatric Medicine | $ | 1,087,195 | $ | 1,108,939 | 54248 | ||||
GRF | 235-526 | Primary Care Residencies | $ | 3,166,168 | $ | 3,229,491 | 54249 | ||||
GRF | 235-527 | Ohio Aerospace Institute | $ | 2,383,334 | $ | 2,383,334 | 54250 | ||||
GRF | 235-530 | Academic Scholarships | $ | 8,400,000 | $ | 8,820,000 | 54251 | ||||
GRF | 235-531 | Student Choice Grants | $ | 52,428,000 | $ | 53,476,560 | 54252 | ||||
GRF | 235-534 | Student Workforce Development Grants | $ | 1,200,000 | $ | 1,200,000 | 54253 | ||||
GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 39,505,502 | $ | 40,295,612 | 54254 | ||||
GRF | 235-536 | Ohio State University Clinical Teaching | $ | 15,989,883 | $ | 16,309,680 | 54255 | ||||
GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 13,151,461 | $ | 13,414,491 | 54256 | ||||
GRF | 235-538 | Medical College of Ohio at Toledo Clinical Teaching | $ | 10,250,851 | $ | 10,455,868 | 54257 | ||||
GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,980,064 | $ | 5,079,665 | 54258 | ||||
GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,814,378 | $ | 4,910,666 | 54259 | ||||
GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,951,583 | $ | 5,050,615 | 54260 | ||||
GRF | 235-543 | Ohio College of Podiatric Medicine Clinical Subsidy | $ | 499,800 | $ | 509,796 | 54261 | ||||
GRF | 235-547 | School of International Business | $ | 1,708,764 | $ | 1,708,764 | 54262 | ||||
GRF | 235-549 | Part-time Student Instructional Grants | $ | 13,311,638 | $ | 13,977,219 | 54263 | ||||
GRF | 235-552 | Capital Component | $ | 14,537,639 | $ | 14,537,639 | 54264 | ||||
GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 3,779,088 | $ | 3,779,088 | 54265 | ||||
GRF | 235-554 | Computer Science Graduate Education | $ | 3,482,368 | $ | 3,482,368 | 54266 | ||||
GRF | 235-555 | Library Depositories | $ | 1,999,200 | $ | 2,039,184 | 54267 | ||||
GRF | 235-556 | Ohio Academic Resources Network | $ | 3,510,777 | $ | 3,580,993 | 54268 | ||||
GRF | 235-558 | Long-term Care Research | $ | 312,004 | $ | 312,004 | 54269 | ||||
GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 164,289 | $ | 164,289 | 54270 | ||||
GRF | 235-572 | Ohio State University Clinic Support | $ | 2,060,314 | $ | 2,101,520 | 54271 | ||||
GRF | 235-583 | Urban University Programs | $ | 6,503,559 | $ | 6,503,559 | 54272 | ||||
GRF | 235-585 | Ohio University Innovation Center | $ | 48,750 | $ | 48,750 | 54273 | ||||
GRF | 235-587 | Rural University Projects | $ | 1,375,552 | $ | 1,375,552 | 54274 | ||||
GRF | 235-588 | Ohio Resource Center for Mathematics, Science, and Reading | $ | 980,000 | $ | 980,000 | 54275 | ||||
GRF | 235-595 | International Center for Water Resources Development | $ | 185,593 | $ | 185,593 | 54276 | ||||
GRF | 235-596 | Hazardous Materials Program | $ | 340,096 | $ | 340,096 | 54277 | ||||
GRF | 235-599 | National Guard Scholarship Program | $ | 12,048,106 | $ | 12,048,106 | 54278 | ||||
GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 50,055,100 | $ | 74,344,100 | 54279 | ||||
TOTAL GRF General Revenue Fund | $ | 2,598,456,032 | $ | 2,621,371,806 | 54280 |
General Services Fund Group | 54281 |
456 | 235-603 | Publications | $ | 43,050 | $ | 44,342 | 54282 | ||||
456 | 235-613 | Job Preparation Initiative | $ | 144,383 | $ | 144,383 | 54283 | ||||
TOTAL GSF General Services | 54284 | ||||||||||
Fund Group | $ | 187,433 | $ | 188,725 | 54285 |
Federal Special Revenue Fund Group | 54286 |
3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 54287 | ||||
3N6 | 235-605 | State Student Incentive Grants | $ | 2,000,000 | $ | 2,000,000 | 54288 | ||||
3T0 | 235-610 | NHSC Ohio Loan Repayment | $ | 100,000 | $ | 100,000 | 54289 | ||||
312 | 235-609 | Tech Prep | $ | 183,852 | $ | 183,852 | 54290 | ||||
312 | 235-611 | Gear-up Grant | $ | 1,590,986 | $ | 1,690,434 | 54291 | ||||
312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 54292 | ||||
312 | 235-631 | Federal Grants | $ | 2,055,511 | $ | 0 | 54293 | ||||
TOTAL FED Federal Special Revenue | 54294 | ||||||||||
Fund Group | $ | 7,543,309 | $ | 5,587,246 | 54295 |
State Special Revenue Fund Group | 54296 |
4E8 | 235-602 | HEFC Administration | $ | 13,080 | $ | 13,900 | 54297 | ||||
4P4 | 235-604 | Physician Loan Repayment | $ | 416,067 | $ | 436,870 | 54298 | ||||
649 | 235-607 | Ohio State University Highway/Transportation Research | $ | 511,000 | $ | 523,775 | 54299 | ||||
682 | 235-606 | Nursing Loan Program | $ | 870,000 | $ | 893,000 | 54300 | ||||
TOTAL SSR State Special Revenue | 54301 | ||||||||||
Fund Group | $ | 1,810,147 | $ | 1,867,545 | 54302 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,607,996,921 | $ | 2,629,015,322 | 54303 |
Section 93.01. STATE SHARE OF INSTRUCTION | 54305 |
As soon as practicable during each fiscal year of the | 54306 |
2001-2003 biennium in accordance with instructions of the Board of | 54307 |
Regents, each state-assisted institution of higher education shall | 54308 |
report its actual enrollment to the Board of Regents. | 54309 |
The Board of Regents shall establish procedures required by | 54310 |
the system of formulas set out below and for the assignment of | 54311 |
individual institutions to categories described in the formulas. | 54312 |
The system of formulas establishes the manner in which aggregate | 54313 |
expenditure requirements shall be determined for each of the three | 54314 |
components of institutional operations. In addition to other | 54315 |
adjustments and calculations described below, the subsidy | 54316 |
entitlement of an institution shall be determined by subtracting | 54317 |
from the institution's aggregate expenditure requirements income | 54318 |
to be derived from the local contributions assumed in calculating | 54319 |
the subsidy entitlements. The local contributions for purposes of | 54320 |
determining subsidy support shall not limit the authority of the | 54321 |
individual boards of trustees to establish fee levels. | 54322 |
The General Studies and Technical models shall be adjusted by | 54323 |
the Board of Regents so that the share of state subsidy earned by | 54324 |
those models is not altered by changes in the overall local share. | 54325 |
A lower-division fee differential shall be used to maintain the | 54326 |
relationship that would have occurred between these models and the | 54327 |
baccalaureate models had an assumed share of thirty-seven per cent | 54328 |
been funded. | 54329 |
In defining the number of full-time equivalent (FTE) students | 54330 |
for state subsidy purposes, the Board of Regents shall exclude | 54331 |
all undergraduate students who are not residents of Ohio, except | 54332 |
those charged in-state fees in accordance with reciprocity | 54333 |
agreements made pursuant to section 3333.17 or employer contracts | 54334 |
entered into pursuant to section 3333.32 of the Revised Code. | 54335 |
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT | 54336 |
(1) INSTRUCTION AND SUPPORT SERVICES | 54337 |
MODEL | FY 2002 | FY 2003 | 54338 | |
General Studies I | $ 4,481 | $ 4,904 | 54339 | |
General Studies II | $ 5,046 | $ 5,299 | 54340 | |
General Studies III | $ 6,101 | $ 6,652 | 54341 | |
Technical I | $ 5,353 | $ 5,696 | 54342 | |
Technical III | $ 8,854 | $ 9,044 | 54343 | |
Baccalaureate I | $ 7,031 | $ 7,517 | 54344 | |
Baccalaureate II | $ 7,875 | $ 8,310 | 54345 | |
Baccalaureate III | $ 11,480 | $ 12,193 | 54346 | |
Masters and Professional I | $ 13,338 | $ 13,875 | 54347 | |
Masters and Professional II | $ 19,084 | $ 19,652 | 54348 | |
Masters and Professional III | $ 25,869 | $ 26,577 | 54349 | |
Medical I | $ 28,800 | $ 29,934 | 54350 | |
Medical II | $ 40,152 | $ 40,981 | 54351 | |
Blended MPD I | $ 14,163 | $ 14,877 | 54352 |
(2) STUDENT SERVICES | 54353 |
For this purpose, FTE counts shall be weighted to reflect | 54354 |
differences among institutions in the numbers of students enrolled | 54355 |
on a part-time basis. | 54356 |
MODEL | FY 2002 | FY 2003 | 54357 | |
General Studies I | $ 694 | $ 747 | 54358 | |
General Studies II | $ 704 | $ 747 | 54359 | |
General Studies III | $ 687 | $ 747 | 54360 | |
Technical I | $ 669 | $ 747 | 54361 | |
Technical III | $ 675 | $ 747 | 54362 | |
Baccalaureate I | $ 666 | $ 747 | 54363 | |
Baccalaureate II | $ 663 | $ 747 | 54364 | |
Baccalaureate III | $ 675 | $ 747 | 54365 | |
Masters and Professional I | $ 680 | $ 747 | 54366 | |
Masters and Professional II | $ 685 | $ 747 | 54367 | |
Masters and Professional III | $ 694 | $ 747 | 54368 | |
Medical I | $ 668 | $ 747 | 54369 | |
Medical II | $ 668 | $ 747 | 54370 | |
Blended MPD I | $ 668 | $ 747 | 54371 |
(B) PLANT OPERATION AND MAINTENANCE (POM) | 54372 |
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY | 54373 |
Space undergoing renovation shall be funded at the rate | 54374 |
allowed for storage space. | 54375 |
In the calculation of square footage for each campus, square | 54376 |
footage shall be weighted to reflect differences in space | 54377 |
utilization. | 54378 |
The space inventories for each campus shall be those | 54379 |
determined in the fiscal year 1999 instructional subsidy, adjusted | 54380 |
for changes attributable to the construction or renovation of | 54381 |
facilities for which state appropriations were made or local | 54382 |
commitments were made prior to January 1, 1995. | 54383 |
Only 50 per cent of the space permanently taken out of | 54384 |
operation in fiscal year 2002 or fiscal year 2003 that is not | 54385 |
otherwise replaced by a campus shall be deleted from the fiscal | 54386 |
year 1997 inventory. | 54387 |
The square-foot-based plant operation and maintenance subsidy | 54388 |
for each campus shall be determined as follows: | 54389 |
(a) For each standard room type category shown below, the | 54390 |
subsidy-eligible net assignable square feet (NASF) for each campus | 54391 |
shall be multiplied by the following rates, and the amounts summed | 54392 |
for each campus to determine the total gross square-foot-based POM | 54393 |
expenditure requirement: | 54394 |
FY 2002 | FY 2003 | 54395 | ||
Classrooms | $5.33 | $5.56 | 54396 | |
Laboratories | $6.65 | $6.93 | 54397 | |
Offices | $5.33 | $5.56 | 54398 | |
Audio Visual Data Processing | $6.65 | $6.93 | 54399 | |
Storage | $2.36 | $2.46 | 54400 | |
Circulation | $6.73 | $7.01 | 54401 | |
Other | $5.33 | $5.56 | 54402 |
(b) The total gross square-foot POM expenditure requirement | 54403 |
shall be allocated to models in proportion to FTE enrollments as | 54404 |
reported in enrollment data for all models except Doctoral I and | 54405 |
Doctoral II. | 54406 |
(c) The amounts allocated to models in division (B)(1)(b) of | 54407 |
this section shall be multiplied by the ratio of subsidy-eligible | 54408 |
FTE students to total FTE students reported in each model, and the | 54409 |
amounts summed for all models. To this total amount shall be | 54410 |
added an amount to support roads and grounds expenditures to | 54411 |
produce the total square-foot-based POM subsidy. | 54412 |
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY | 54413 |
(a) The number of subsidy-eligible FTE students in each | 54414 |
model shall be multiplied by the following rates for each campus | 54415 |
for each fiscal year. | 54416 |
FY 2002 | FY 2003 | 54417 | ||
General Studies I | $ 537 | $ 543 | 54418 | |
General Studies II | $ 669 | $ 686 | 54419 | |
General Studies III | $1,424 | $1,565 | 54420 | |
Technical I | $ 649 | $ 750 | 54421 | |
Technical II | $1,315 | $1,436 | 54422 | |
Baccalaureate I | $ 671 | $ 692 | 54423 | |
Baccalaureate II | $1,175 | $1,263 | 54424 | |
Baccalaureate III | $1,606 | $1,674 | 54425 | |
Masters and Professional I | $1,138 | $1,217 | 54426 | |
Masters and Professional II | $2,447 | $2,928 | 54427 | |
Masters and Professional III | $3,363 | $3,932 | 54428 | |
Medical I | $2,568 | $2,653 | 54429 | |
Medical II | $3,470 | $3,581 | 54430 | |
Blended MPD I | $1,135 | $1,192 | 54431 |
(b) The sum of the products for each campus determined in | 54432 |
division (B)(2)(a) of this section for all models except Doctoral | 54433 |
I and Doctoral II for each fiscal year shall be weighted by a | 54434 |
factor to reflect sponsored research activity and job | 54435 |
training-related public services expenditures to determine the | 54436 |
total activity-based POM subsidy. | 54437 |
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS | 54438 |
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS | 54439 |
The calculation of the core subsidy entitlement shall consist | 54440 |
of the following components: | 54441 |
(a) For each campus and for each fiscal year, the core | 54442 |
subsidy entitlement shall be determined by multiplying the amounts | 54443 |
listed above in divisions (A)(1) and (2) and (B)(2) of this | 54444 |
section less assumed local contributions, by (i) average | 54445 |
subsidy-eligible FTEs for the two-year period ending in the prior | 54446 |
year for all models except Doctoral I and Doctoral II; and (ii) | 54447 |
average subsidy-eligible FTEs for the five-year period ending in | 54448 |
the prior year for all models except Doctoral I and Doctoral II. | 54449 |
(b) In calculating the core subsidy entitlements for Medical | 54450 |
II models only, the Board of Regents shall use the following count | 54451 |
of FTE students in place of the two-year average and five-year | 54452 |
average of subsidy-eligible students: | 54453 |
(i) For those medical schools whose current year enrollment | 54454 |
is below the base enrollment, the Medical II FTE enrollment shall | 54455 |
equal: 65 per cent of the base enrollment plus 35 per cent of the | 54456 |
current year enrollment, where the base enrollment is: | 54457 |
The Ohio State University | 1010 | 54458 | |||
University of Cincinnati | 833 | 54459 | |||
Medical College of Ohio at Toledo | 650 | 54460 | |||
Wright State University | 433 | 54461 | |||
Ohio University | 433 | 54462 | |||
Northeastern Ohio Universities College of Medicine | 433 | 54463 |
(ii) For those medical schools whose current year enrollment | 54464 |
is equal to or greater than the base enrollment, the Medical II | 54465 |
FTE enrollment shall equal the current enrollment. | 54466 |
(c) For all FTE-based subsidy calculations involving | 54467 |
annualized FTE data, FTE-based allowances shall be converted from | 54468 |
annualized to all-terms rates to ensure equity and consistency of | 54469 |
subsidy determination. | 54470 |
(d) The Board of Regents shall compute the sum of the two | 54471 |
calculations listed in division (C)(1)(a) of this section and use | 54472 |
the greater sum as the core subsidy entitlement. | 54473 |
The POM subsidy for each campus shall equal the greater of | 54474 |
the square-foot-based subsidy or the activity-based POM subsidy | 54475 |
component of the core subsidy entitlement. | 54476 |
(e) The state share of instruction provided for doctoral | 54477 |
students shall be based on a fixed percentage of the total | 54478 |
appropriation. In fiscal year 2002, not more than 10.34 per cent | 54479 |
of the total state share of instruction shall be reserved to | 54480 |
implement the recommendations of the Graduate Funding Commission. | 54481 |
In fiscal year 2003, not more than 10.25 per cent of the total | 54482 |
state share of instruction shall be reserved for the same purpose. | 54483 |
It is the intent of the General Assembly that the doctoral reserve | 54484 |
be reduced 0.25 percentage points each year thereafter until no | 54485 |
more than 10.0 per cent of the total state share of instruction | 54486 |
is reserved to implement the recommendations of the Graduate | 54487 |
Funding Commission. The Board of Regents shall reallocate 0 per | 54488 |
cent in fiscal year 2002 and 2 per cent in fiscal year 2003 of the | 54489 |
reserve among the state-assisted universities on the basis of a | 54490 |
quality review as specified in the recommendations of the Graduate | 54491 |
Funding Commission. | 54492 |
The amount so reserved shall be allocated to universities in | 54493 |
proportion to their share of the total number of Doctoral I | 54494 |
equivalent FTEs as calculated on an institutional basis using the | 54495 |
greater of the two-year or five-year FTEs for the period fiscal | 54496 |
year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 54497 |
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 54498 |
adjusted to reflect the effects of doctoral review. For the | 54499 |
purposes of this calculation, Doctoral I equivalent FTEs shall | 54500 |
equal the sum of Doctoral I FTEs plus 1.5 times the sum of | 54501 |
Doctoral II FTEs. | 54502 |
(2) ANNUAL HOLD HARMLESS PROVISION | 54503 |
In addition to and after the other adjustment noted above, in | 54504 |
fiscal year 2002 each campus shall have its state share of | 54505 |
instruction adjusted to the extent necessary to provide an amount | 54506 |
that is not less than 100 per cent of the state share of | 54507 |
instruction received by the campus in fiscal year 2001. In fiscal | 54508 |
year 2003, each campus shall have its state share of instruction | 54509 |
adjusted to the extent necessary to provide an amount that is not | 54510 |
less than 100 per cent of the state share of instruction received | 54511 |
by the campus in fiscal year 2002. | 54512 |
(3) CAPITAL COMPONENT DEDUCTION | 54513 |
After all other adjustments have been made, instructional | 54514 |
subsidy earnings shall be reduced for each campus by the amount, | 54515 |
if any, by which debt service charged in Am. H.B. No. 748 of the | 54516 |
121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General | 54517 |
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for | 54518 |
that campus exceeds that campus's capital component earnings. | 54519 |
(D) REDUCTIONS IN EARNINGS | 54520 |
If the total state share of instruction earnings in any | 54521 |
fiscal year exceed the total appropriations available for such | 54522 |
purposes, the Board of Regents shall proportionately reduce the | 54523 |
state share of instruction earnings for all campuses by a uniform | 54524 |
percentage so that the systemwide sum equals available | 54525 |
appropriations. | 54526 |
(E) EXCEPTIONAL CIRCUMSTANCES | 54527 |
Adjustments may be made to the state share of instruction | 54528 |
payments and other subsidies distributed by the Board of Regents | 54529 |
to state-assisted colleges and universities for exceptional | 54530 |
circumstances. No adjustments for exceptional circumstances may | 54531 |
be made without the recommendation of the Chancellor and the | 54532 |
approval of the Controlling Board. | 54533 |
DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 54534 |
The state share of instruction payments to the institutions | 54535 |
shall be in substantially equal monthly amounts during the fiscal | 54536 |
year, unless otherwise determined by the Director of Budget and | 54537 |
Management pursuant to section 126.09 of the Revised Code. | 54538 |
Payments during the first six months of the fiscal year shall be | 54539 |
based upon the state share of instruction appropriation estimates | 54540 |
made for the various institutions of higher education according to | 54541 |
Board of Regents enrollment estimates. Payments during the last | 54542 |
six months of the fiscal year shall be distributed after approval | 54543 |
of the Controlling Board upon the request of the Board of | 54544 |
Regents. | 54545 |
LAW SCHOOL SUBSIDY | 54546 |
The state share of instruction to state-supported | 54547 |
universities for students enrolled in law schools in fiscal year | 54548 |
2002 and fiscal year 2003 shall be calculated by using the number | 54549 |
of subsidy-eligible FTE law school students funded by state | 54550 |
subsidy in fiscal year 1995 or the actual number of | 54551 |
subsidy-eligible FTE law school students at the institution in the | 54552 |
fiscal year, whichever is less. | 54553 |
Section 93.02. MISSION-BASED CORE FUNDING FOR HIGHER | 54554 |
EDUCATION | 54555 |
JOBS CHALLENGE | 54556 |
Funds appropriated to appropriation item 235-415, Jobs | 54557 |
Challenge, shall be distributed to state-assisted community and | 54558 |
technical colleges, regional campuses of state-assisted | 54559 |
universities, and other organizationally distinct and identifiable | 54560 |
member campuses of the EnterpriseOhio Network in support of | 54561 |
noncredit job-related training. In fiscal years 2002 and 2003, | 54562 |
$2,114,673 and $1,981,841, respectively, shall be distributed as | 54563 |
performance grants to EnterpriseOhio Network campuses based upon | 54564 |
each campus's documented performance according to criteria | 54565 |
established by the Board of Regents for increasing training and | 54566 |
related services to businesses, industries, and public sector | 54567 |
organizations. | 54568 |
Of the foregoing appropriation item 235-415, Jobs Challenge, | 54569 |
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003 | 54570 |
shall be allocated to the Targeted Industries Training Grant | 54571 |
Program to attract, develop, and retain business and industry | 54572 |
strategically important to the state's economy. | 54573 |
Also, in fiscal years 2002 and 2003, $2,991,513 and | 54574 |
$3,629,797, respectively, shall be allocated to the Non-credit | 54575 |
Incentives Grant Program to reward two-year campuses for | 54576 |
increasing the amount of non-credit skill upgrading services | 54577 |
provided to Ohio employers and employees. The funds shall be | 54578 |
distributed to campuses in proportion to each campus's share of | 54579 |
noncredit job-related training revenues received by all campuses | 54580 |
for the previous fiscal year. It is the intent of the General | 54581 |
Assembly that this workforce development incentive component of | 54582 |
the Jobs Challenge Program reward campus noncredit job-related | 54583 |
training efforts in the same manner that the Research Challenge | 54584 |
Program rewards campuses for their ability to obtain sponsored | 54585 |
research revenues. | 54586 |
Of the foregoing appropriation item 235-415, Jobs Challenge, | 54587 |
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003 | 54588 |
shall be allocated as an incentive to support local EnterpriseOhio | 54589 |
Network Campus/Adult Workforce Education Center Partnerships. The | 54590 |
purpose of the partnerships is to promote and deliver coordinated, | 54591 |
comprehensive training to local employers. Each partnership shall | 54592 |
include a formal agreement between one or more EnterpriseOhio | 54593 |
Network campus and one or more adult workforce education center | 54594 |
for the delivery of training services. The Department of | 54595 |
Education and Board of Regents shall jointly award funds to | 54596 |
certified EnterpriseOhio campus/adult workforce education center | 54597 |
partnerships to offer training grants to eligible companies. A | 54598 |
certified EnterpriseOhio Network/adult workforce education center | 54599 |
partnership is one that has been documented and approved by the | 54600 |
Board of Regents and the Department of Education according to | 54601 |
partnership criteria established jointly by those agencies. An | 54602 |
eligible company is one that meets the funding criteria of the | 54603 |
Targeted Industries Training Grant Program. The amount set aside | 54604 |
for the partnerships is designed to match an equal appropriation | 54605 |
in the Department of Education's appropriation item 200-514, | 54606 |
Post-Secondary/Adult Career-Technical Education. The Department | 54607 |
of Education's appropriation also serves as a partnership-building | 54608 |
incentive by allocating funds to local EnterpriseOhio Network | 54609 |
campus/adult workforce education center partnerships. | 54610 |
ACCESS CHALLENGE | 54611 |
In each fiscal year, the foregoing appropriation item | 54612 |
235-418, Access Challenge, shall be distributed to Ohio's | 54613 |
state-assisted access colleges and universities. For the | 54614 |
purposes of this allocation, "access campuses" includes | 54615 |
state-assisted community colleges, state community colleges, | 54616 |
technical colleges, Shawnee State University, Central State | 54617 |
University, Cleveland State University, the regional campuses of | 54618 |
state-assisted universities, and, where they are organizationally | 54619 |
distinct and identifiable, the community-technical colleges | 54620 |
located at the University of Cincinnati, Youngstown State | 54621 |
University, and the University of Akron. | 54622 |
In each year of the biennium, Access Challenge appropriations | 54623 |
shall be allocated to eligible campuses according to the following | 54624 |
methodology: | 54625 |
(A) Each campus shall receive an amount equal to four per | 54626 |
cent of the product of its subsidy-eligible lower-division FTE | 54627 |
student enrollments for the prior fiscal year multiplied by the | 54628 |
unweighted average of in-state undergraduate instructional and | 54629 |
general fees for community colleges, state community colleges, | 54630 |
technical colleges, and regional campuses in fiscal year 2001. | 54631 |
(B) All remaining appropriations shall be allocated to each | 54632 |
campus proportionate to its share of the sum of FTEs used in the | 54633 |
distribution of access funds in the prior fiscal year updated with | 54634 |
the most recent FTE data available. | 54635 |
For the purposes of this calculation, Cleveland State | 54636 |
University's and Youngstown State University's enrollments shall | 54637 |
be adjusted by the ratio of the sum of subsidy-eligible | 54638 |
lower-division FTE student enrollments eligible for access funding | 54639 |
to the sum of subsidy-eligible General Studies FTE student | 54640 |
enrollments at Central State University and Shawnee State | 54641 |
University, and for the following universities and their regional | 54642 |
campuses: Ohio State University, Ohio University, Kent State | 54643 |
University, Bowling Green State University, Miami University, the | 54644 |
University of Cincinnati, the University of Akron, and Wright | 54645 |
State University. | 54646 |
SUCCESS CHALLENGE | 54647 |
The foregoing appropriation item 235-420, Success Challenge, | 54648 |
shall be used by the Board of Regents to promote degree | 54649 |
completion by students enrolled at a main campus of a | 54650 |
state-assisted university. | 54651 |
In each fiscal year, two-thirds of the appropriations shall | 54652 |
be distributed to state-assisted university main campuses in | 54653 |
proportion to each campus's share of the total statewide | 54654 |
bachelor's degrees granted by university main campuses to | 54655 |
"at-risk" students. In fiscal years 2002 and 2003, an "at-risk" | 54656 |
student means any undergraduate student who has received an Ohio | 54657 |
Instructional Grant during the past ten years. An eligible | 54658 |
institution shall not receive its share of this distribution until | 54659 |
it has submitted a plan that addresses how the subsidy will be | 54660 |
used to better serve at-risk students and increase their | 54661 |
likelihood of successful completion of a bachelor's degree | 54662 |
program. The Board of Regents shall disseminate to all | 54663 |
state-supported institutions of higher education all such plans | 54664 |
submitted by institutions that received Success Challenge funds. | 54665 |
In each fiscal year, one-third of the appropriations shall be | 54666 |
distributed to university main campuses in proportion to each | 54667 |
campus's share of the total bachelor's degrees granted by | 54668 |
university main campuses to undergraduate students who completed | 54669 |
their bachelor's degrees in a "timely manner" in the previous | 54670 |
fiscal year. For the purposes of this section, "timely manner" | 54671 |
means the normal time it would take for a full-time degree-seeking | 54672 |
undergraduate student to complete the student's degree. Generally, | 54673 |
for such students pursuing a bachelor's degree, "timely manner" | 54674 |
means four years. Exceptions to this general rule shall be | 54675 |
permitted for students enrolled in programs specifically designed | 54676 |
to be completed in a longer time period. The Board of Regents | 54677 |
shall collect base-line data beginning with the 1998-99 academic | 54678 |
year to assess the timely completion statistics by university main | 54679 |
campuses. | 54680 |
RESEARCH CHALLENGE | 54681 |
The foregoing appropriation item 235-454, Research Challenge, | 54682 |
shall be used to enhance the basic research capabilities of public | 54683 |
colleges and universities and accredited Ohio institutions of | 54684 |
higher education holding certificates of authorization issued | 54685 |
pursuant to section 1713.02 of the Revised Code, in order to | 54686 |
strengthen academic research for pursuing Ohio's economic | 54687 |
redevelopment goals. The Board of Regents, in consultation with | 54688 |
the colleges and universities, shall administer the Research | 54689 |
Challenge Program and utilize a means of matching, on a fractional | 54690 |
basis, external funds attracted in the previous year by | 54691 |
institutions for basic research. The program may include | 54692 |
incentives for increasing the amount of external research funds | 54693 |
coming to eligible institutions and for focusing research efforts | 54694 |
upon critical state needs. Colleges and universities shall submit | 54695 |
for review and approval to the Board of Regents plans for the | 54696 |
institutional allocation of state dollars received through the | 54697 |
program. The institutional plans shall provide the rationale for | 54698 |
the allocation in terms of the strategic targeting of funds for | 54699 |
academic and state purposes, for strengthening research programs, | 54700 |
and for increasing the amount of external research funds, and | 54701 |
shall include an evaluation process to provide results of the | 54702 |
increased support. | 54703 |
The Board of Regents shall submit a biennial report of | 54704 |
progress to the General Assembly. | 54705 |
COMPUTER SCIENCE GRADUATE EDUCATION | 54706 |
The foregoing appropriation item 235-554, Computer Science | 54707 |
Graduate Education, shall be used by the Board of Regents to | 54708 |
support improvements in graduate programs in computer science at | 54709 |
state-assisted universities. In each fiscal year, up to $200,000 | 54710 |
may be used to support collaborative efforts in graduate education | 54711 |
in this program area. | 54712 |
Section 93.03. HIGHER EDUCATION - BOARD OF TRUSTEES | 54713 |
Funds appropriated for instructional subsidies at colleges | 54714 |
and universities may be used to provide such branch or other | 54715 |
off-campus undergraduate courses of study and such master's degree | 54716 |
courses of study as may be approved by the Board of Regents. | 54717 |
In providing instructional and other services to students, | 54718 |
boards of trustees of state-assisted institutions of higher | 54719 |
education shall supplement state subsidies by income from charges | 54720 |
to students. Each board shall establish the fees to be charged to | 54721 |
all students, including an instructional fee for educational and | 54722 |
associated operational support of the institution and a general | 54723 |
fee for noninstructional services, including locally financed | 54724 |
student services facilities used for the benefit of enrolled | 54725 |
students. The instructional fee and the general fee shall | 54726 |
encompass all charges for services assessed uniformly to all | 54727 |
enrolled students. Each board may also establish special purpose | 54728 |
fees, service charges, and fines as required; such special purpose | 54729 |
fees and service charges shall be for services or benefits | 54730 |
furnished individual students or specific categories of students | 54731 |
and shall not be applied uniformly to all enrolled students. A | 54732 |
tuition surcharge shall be paid by all students who are not | 54733 |
residents of Ohio. | 54734 |
The board of trustees of a state-assisted institution of | 54735 |
higher education shall not authorize a waiver or nonpayment of | 54736 |
instructional fees or general fees for any particular student or | 54737 |
any class of students other than waivers specifically authorized | 54738 |
by law or approved by the Chancellor. This prohibition is not | 54739 |
intended to limit the authority of boards of trustees to provide | 54740 |
for payments to students for services rendered the institution, | 54741 |
nor to prohibit the budgeting of income for staff benefits or for | 54742 |
student assistance in the form of payment of such instructional | 54743 |
and general fees. | 54744 |
Each state-assisted institution of higher education in its | 54745 |
statement of charges to students shall separately identify the | 54746 |
instructional fee, the general fee, the tuition charge, and the | 54747 |
tuition surcharge. Fee charges to students for instruction shall | 54748 |
not be considered to be a price of service but shall be considered | 54749 |
to be an integral part of the state government financing program | 54750 |
in support of higher educational opportunity for students. | 54751 |
In providing the appropriations in support of instructional | 54752 |
services at state-assisted institutions of higher education and | 54753 |
the appropriations for other instruction it is the intent of the | 54754 |
General Assembly that faculty members shall devote a proper and | 54755 |
judicious part of their work week to the actual instruction of | 54756 |
students. Total class credit hours of production per quarter per | 54757 |
full-time faculty member is expected to meet the standards set | 54758 |
forth in the budget data submitted by the Board of Regents. | 54759 |
The authority of government vested by law in the boards of | 54760 |
trustees of state-assisted institutions of higher education shall | 54761 |
in fact be exercised by those boards. Boards of trustees may | 54762 |
consult extensively with appropriate student and faculty groups. | 54763 |
Administrative decisions about the utilization of available | 54764 |
resources, about organizational structure, about disciplinary | 54765 |
procedure, about the operation and staffing of all auxiliary | 54766 |
facilities, and about administrative personnel shall be the | 54767 |
exclusive prerogative of boards of trustees. Any delegation of | 54768 |
authority by a board of trustees in other areas of responsibility | 54769 |
shall be accompanied by appropriate standards of guidance | 54770 |
concerning expected objectives in the exercise of such delegated | 54771 |
authority and shall be accompanied by periodic review of the | 54772 |
exercise of this delegated authority to the end that the public | 54773 |
interest, in contrast to any institutional or special interest, | 54774 |
shall be served. | 54775 |
Section 93.04. MEDICAL SCHOOL SUBSIDIES | 54776 |
The foregoing appropriation item 235-515, Case Western | 54777 |
Reserve University School of Medicine, shall be disbursed to Case | 54778 |
Western Reserve University through the Board of Regents in | 54779 |
accordance with agreements entered into as provided for by section | 54780 |
3333.10 of the Revised Code, provided that the state support per | 54781 |
full-time medical student shall not exceed that provided to | 54782 |
full-time medical students at state universities. | 54783 |
The foregoing appropriation items 235-536, Ohio State | 54784 |
University Clinical Teaching; 235-537, University of Cincinnati | 54785 |
Clinical Teaching; 235-538, Medical College of Ohio at Toledo | 54786 |
Clinical Teaching; 235-539, Wright State University Clinical | 54787 |
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, | 54788 |
Northeastern Ohio Universities College of Medicine Clinical | 54789 |
Teaching, shall be distributed through the Board of Regents. | 54790 |
The foregoing appropriation item 235-572, Ohio State | 54791 |
University Clinic Support, shall be distributed through the Board | 54792 |
of Regents to The Ohio State University for support of dental and | 54793 |
veterinary medicine clinics. | 54794 |
The Board of Regents shall develop plans consistent with | 54795 |
existing criteria and guidelines as may be required for the | 54796 |
distribution of appropriation items 235-519, Family Practice, | 54797 |
235-525, Geriatric Medicine, and 235-526, Primary Care | 54798 |
Residencies. | 54799 |
Of the foregoing appropriation item 235-539, Wright State | 54800 |
University Clinical Teaching, $160,000 in each fiscal year shall | 54801 |
be for the use of Wright State University's Ellis Institute for | 54802 |
Clinical Teaching Studies to operate the clinical facility to | 54803 |
serve the Greater Dayton area. | 54804 |
PERFORMANCE STANDARDS FOR MEDICAL EDUCATION | 54805 |
The Board of Regents, in consultation with the | 54806 |
state-assisted medical colleges, shall develop performance | 54807 |
standards for medical education. Special emphasis in the | 54808 |
standards shall be placed on attempting to ensure that at least 50 | 54809 |
per cent of the aggregate number of students enrolled in | 54810 |
state-assisted medical colleges continue to enter residency as | 54811 |
primary care physicians. Primary care physicians are general | 54812 |
family practice physicians, general internal medicine | 54813 |
practitioners, and general pediatric care physicians. The Board | 54814 |
of Regents shall monitor medical school performance in relation | 54815 |
to their plans for reaching the 50 per cent systemwide standard | 54816 |
for primary care physicians. | 54817 |
The foregoing appropriation item 235-526, Primary Care | 54818 |
Residencies, shall be distributed in each fiscal year of the | 54819 |
biennium, based on whether the institution has submitted and | 54820 |
gained approval for a plan. If the institution does not have an | 54821 |
approved plan, it shall receive five per cent less funding per | 54822 |
student than it would have received from its annual allocation. | 54823 |
The remaining funding shall be distributed among those | 54824 |
institutions that meet or exceed their targets. | 54825 |
AREA HEALTH EDUCATION CENTERS | 54826 |
The foregoing appropriation item 235-474, Area Health | 54827 |
Education Centers Program Support, shall be used by the Board of | 54828 |
Regents to support the medical school regional area health | 54829 |
education centers' educational programs for the continued support | 54830 |
of medical and other health professions education and for support | 54831 |
of the Area Health Education Center Program. | 54832 |
Of the foregoing appropriation item 235-474, Area Health | 54833 |
Education Centers Program Support, $200,000 in each fiscal year | 54834 |
shall be disbursed to the Ohio University College of Osteopathic | 54835 |
Medicine for the establishment of a mobile health care unit to | 54836 |
serve the southeastern area of the state. Of the foregoing | 54837 |
appropriation item 235-474, Area Health Education Centers Program | 54838 |
Support, $150,000 in each fiscal year shall be used to support the | 54839 |
Ohio Valley Community Health Information Network (OVCHIN) project. | 54840 |
Section 93.05. MIDWEST HIGHER EDUCATION COMPACT | 54841 |
The foregoing appropriation item 235-408, Midwest Higher | 54842 |
Education Compact, shall be distributed by the Board of Regents | 54843 |
pursuant to section 3333.40 of the Revised Code. | 54844 |
COLLEGE READINESS INITIATIVES | 54845 |
Appropriation item 235-404, College Readiness Initiatives, | 54846 |
shall be used by the Board of Regents to support programs | 54847 |
designed to improve the ability of high school students to enroll | 54848 |
and succeed in higher education. | 54849 |
MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT | 54850 |
Appropriation item 235-403, Math/Science Teaching | 54851 |
Improvement, shall be used by the Board of Regents to support | 54852 |
programs designed to raise the quality of mathematics and science | 54853 |
teaching in primary and secondary education. | 54854 |
Of the foregoing appropriation item 235-403, Mathematics and | 54855 |
Science Teaching Improvement, $250,000 in each fiscal year shall | 54856 |
be distributed to the Mathematics and Science Center in Lake | 54857 |
County. | 54858 |
OHIO LEARNING NETWORK | 54859 |
Appropriation item 235-417, Ohio Learning Network, shall be | 54860 |
used by the Board of Regents to support the continued | 54861 |
implementation of the Ohio Learning Network, a statewide | 54862 |
electronic collaborative effort designed to promote degree | 54863 |
completion of students, workforce training of employees, and | 54864 |
professional development through the use of advanced | 54865 |
telecommunications and distance education initiatives. | 54866 |
DISPLACED HOMEMAKERS | 54867 |
Out of the foregoing appropriation item 235-509, Displaced | 54868 |
Homemakers, the Board of Regents shall continue funding pilot | 54869 |
projects authorized in Am. Sub. H.B. No. 291 of the 115th General | 54870 |
Assembly for the following centers: Cuyahoga Community College, | 54871 |
University of Toledo, Southern State Community College, and Stark | 54872 |
Technical College. The amount of $30,000 in each fiscal year | 54873 |
shall be used for the Baldwin-Wallace Single Parents Reaching Out | 54874 |
for Unassisted Tomorrows program. | 54875 |
OHIO AEROSPACE INSTITUTE | 54876 |
The foregoing appropriation item 235-527, Ohio Aerospace | 54877 |
Institute, shall be distributed by the Board of Regents under | 54878 |
section 3333.042 of the Revised Code. | 54879 |
PRODUCTIVITY IMPROVEMENT CHALLENGE | 54880 |
The foregoing appropriation item 235-455, Productivity | 54881 |
Improvement Challenge, shall be allocated by the Board of Regents | 54882 |
to continue increasing the capabilities of the EnterpriseOhio | 54883 |
Network to meet the ongoing training needs of Ohio employers. | 54884 |
Funds shall support multicampus collaboration, best practice | 54885 |
dissemination, and capacity building projects. The Regents | 54886 |
Advisory Committee for Workforce Development, in its advisory | 54887 |
role, shall advise in the development of plans and activities. | 54888 |
Of the foregoing appropriation item 235-455, Productivity | 54889 |
Improvement Challenge, $208,000 in each fiscal year shall be used | 54890 |
by the Dayton Business/Sinclair College Jobs Profiling Program. | 54891 |
ACCESS IMPROVEMENT PROJECTS | 54892 |
The foregoing appropriation item 235-477, Access Improvement | 54893 |
Projects, shall be used by the Board of Regents to develop | 54894 |
innovative statewide strategies to increase student access and | 54895 |
retention for specialized populations, and to provide for pilot | 54896 |
projects that will contribute to improving access to higher | 54897 |
education by specialized populations. The funds may be used for | 54898 |
projects that improve access for nonpublic secondary students. | 54899 |
Of the foregoing appropriation item 235-477, Access | 54900 |
Improvement Projects, $740,000 in each fiscal year shall be | 54901 |
distributed to the Appalachian Center for Higher Education at | 54902 |
Shawnee State University. The board of directors of the center | 54903 |
shall consist of the presidents of Shawnee State University, Ohio | 54904 |
University, Belmont Technical College, Hocking Technical College, | 54905 |
Jefferson Community College, Muskingum Area Technical College, Rio | 54906 |
Grande Community College, Southern State Community College, and | 54907 |
Washington State Community College; the dean of each of the Salem, | 54908 |
Tuscarawas, and East Liverpool regional campuses of Kent State | 54909 |
University; a representative of the Board of Regents designated | 54910 |
by the Chancellor; and other members as may be determined by the | 54911 |
Board of Regents. | 54912 |
Of the foregoing appropriation item 235-477, Access | 54913 |
Improvement Projects, $50,000 in fiscal year 2002 shall be | 54914 |
distributed to the University of Rio Grande Site Improvement | 54915 |
Planning project. | 54916 |
Of the foregoing appropriation item 235-477, Access | 54917 |
Improvement Projects, $135,000 in fiscal year 2002 shall be used | 54918 |
to support the Access Appalachia Project. | 54919 |
OHIO SUPERCOMPUTER CENTER | 54920 |
The foregoing appropriation item 235-510, Ohio Supercomputer | 54921 |
Center, shall be used by the Board of Regents to support the | 54922 |
operation of the center, located at The Ohio State University, as | 54923 |
a statewide resource available to Ohio research universities both | 54924 |
public and private. It is also intended that the center be made | 54925 |
accessible to private industry as appropriate. Policies of the | 54926 |
center shall be established by a governance committee, | 54927 |
representative of Ohio's research universities and private | 54928 |
industry, to be appointed by the Chancellor of the Board of | 54929 |
Regents and established for this purpose. | 54930 |
OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 54931 |
The foregoing appropriation item 235-556, Ohio Academic | 54932 |
Resources Network, shall be used to support the operations of the | 54933 |
Ohio Academic Resources Network, which shall include support for | 54934 |
Ohio's state-assisted colleges and universities in maintaining and | 54935 |
enhancing network connections. | 54936 |
Section 93.06. PLEDGE OF FEES* | 54937 |
Any new pledge of fees, or new agreement for adjustment of | 54938 |
fees, made in the 2001-2003 biennium to secure bonds or notes of a | 54939 |
state-assisted institution of higher education for a project for | 54940 |
which bonds or notes were not outstanding on the effective date of | 54941 |
this section shall be effective only after approval by the Board | 54942 |
of Regents, unless approved in a previous biennium. | 54943 |
HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE | 54944 |
The foregoing appropriation item 235-909, Higher Education | 54945 |
General Obligation Debt Service, shall be used to pay all debt | 54946 |
service and financing costs at the times they are required to be | 54947 |
made pursuant to sections 151.01 and 151.04 of the Revised Code | 54948 |
during the period from July 1, 2001, to June 30, 2003. The Office | 54949 |
of the Sinking Fund or the Director of Budget and Management shall | 54950 |
effectuate the required payments by an interstate transfer | 54951 |
voucher. | 54952 |
LEASE RENTAL PAYMENTS | 54953 |
The foregoing appropriation item 235-401, Lease Rental | 54954 |
Payments, shall be used to meet all payments at the times they are | 54955 |
required to be made during the period from July 1, 2001, to June | 54956 |
30, 2003, by the Board of Regents pursuant to leases and | 54957 |
agreements made under section 154.21 of the Revised Code, but | 54958 |
limited to the aggregate amount of $563,969,000. Nothing in this | 54959 |
act shall be deemed to contravene the obligation of the state to | 54960 |
pay, without necessity for further appropriation, from the sources | 54961 |
pledged thereto, the bond service charges on obligations issued | 54962 |
pursuant to section 154.21 of the Revised Code. | 54963 |
Section 93.07. OHIO INSTRUCTIONAL GRANTS | 54964 |
Notwithstanding section 3333.12 of the Revised Code, in lieu | 54965 |
of the tables in that section, instructional grants for all | 54966 |
full-time students shall be made for fiscal year 2002 using the | 54967 |
tables under this heading. | 54968 |
The tables under this heading prescribe the maximum grant | 54969 |
amounts covering two semesters, three quarters, or a comparable | 54970 |
portion of one academic year. The grant amount for a full-time | 54971 |
student enrolled in an eligible institution for a semester or | 54972 |
quarter in addition to the portion of the academic year covered by | 54973 |
a grant determined under these tables shall be a percentage of the | 54974 |
maximum prescribed in the applicable table. The maximum grant for | 54975 |
a fourth quarter shall be one-third of the maximum amount | 54976 |
prescribed under the table. The maximum grant for a third semester | 54977 |
shall be one-half of the maximum amount prescribed under the | 54978 |
table. | 54979 |
For a full-time student who is a dependent and enrolled in a | 54980 |
nonprofit educational institution that is not a state-assisted | 54981 |
institution and that has a certificate of authorization issued | 54982 |
pursuant to Chapter 1713. of the Revised Code, the amount of the | 54983 |
instructional grant for two semesters, three quarters, or a | 54984 |
comparable portion of the academic year shall be determined in | 54985 |
accordance with the following table: | 54986 |
54987 |
54988 |
Maximum Grant $5,160 | 54989 | ||
Gross Income | Number of Dependents | 54990 |
1 | 2 | 3 | 4 | 5 or more | 54991 |
Under $14,000 | $5,160 | $5,160 | $5,160 | $5,160 | $5,160 | 54992 | ||||||
$14,001 - $15,000 | 4,644 | 5,160 | 5,160 | 5,160 | 5,160 | 54993 | ||||||
$15,001 - $16,000 | 4,116 | 4,644 | 5,160 | 5,160 | 5,160 | 54994 | ||||||
$16,001 - $17,000 | 3,612 | 4,116 | 4,644 | 5,160 | 5,160 | 54995 | ||||||
$17,001 - $18,000 | 3,102 | 3,612 | 4,116 | 4,644 | 5,160 | 54996 | ||||||
$18,001 - $21,000 | 2,586 | 3,102 | 3,612 | 4,116 | 4,644 | 54997 | ||||||
$21,001 - $24,000 | 2,058 | 2,586 | 3,102 | 3,612 | 4,116 | 54998 | ||||||
$24,001 - $27,000 | 1,536 | 2,058 | 2,586 | 3,102 | 3,612 | 54999 | ||||||
$27,001 - $30,000 | 1,272 | 1,536 | 2,058 | 2,586 | 3,102 | 55000 | ||||||
$30,001 - $31,000 | 1,020 | 1,272 | 1,536 | 2,058 | 2,586 | 55001 | ||||||
$31,001 - $32,000 | 930 | 1,020 | 1,272 | 1,536 | 2,058 | 55002 | ||||||
$32,001 - $33,000 | 840 | 930 | 1,020 | 1,272 | 1,536 | 55003 | ||||||
$33,001 - $34,000 | 420 | 840 | 930 | 1,020 | 1,272 | 55004 | ||||||
$34,001 - $35,000 | -- | 420 | 840 | 930 | 1,020 | 55005 | ||||||
$35,001 - $36,000 | -- | -- | 420 | 840 | 930 | 55006 | ||||||
$36,001 - $37,000 | -- | -- | -- | 420 | 840 | 55007 | ||||||
$37,001 - $38,000 | -- | -- | -- | -- | 420 | 55008 |
For a full-time student who is financially independent and | 55009 |
enrolled in a nonprofit educational institution that is not a | 55010 |
state-assisted institution and that has a certificate of | 55011 |
authorization issued pursuant to Chapter 1713. of the Revised | 55012 |
Code, the amount of the instructional grant for two semesters, | 55013 |
three quarters, or a comparable portion of the academic year shall | 55014 |
be determined in accordance with the following table: | 55015 |
55016 |
55017 |
Maximum Grant $5,160 | 55018 | ||
Gross Income | Number of Dependents | 55019 |
0 | 1 | 2 | 3 | 4 | 5 or more | 55020 |
Under $4,500 | $5,160 | $5,160 | $5,160 | $5,160 | $5,160 | $5,160 | 55021 | ||||
$4,501 - $5,000 | 4,644 | 5,160 | 5,160 | 5,160 | 5,160 | 5,160 | 55022 | ||||
$5,001 - $5,500 | 4,116 | 4,644 | 5,160 | 5,160 | 5,160 | 5,160 | 55023 | ||||
$5,501 - $6,000 | 3,612 | 4,116 | 4,644 | 5,160 | 5,160 | 5,160 | 55024 | ||||
$6,001 - $6,500 | 3,102 | 3,612 | 4,116 | 4,644 | 5,160 | 5,160 | 55025 | ||||
$6,501 - $7,000 | 2,586 | 3,102 | 3,612 | 4,116 | 4,644 | 5,160 | 55026 | ||||
$7,001 - $8,000 | 2,058 | 2,586 | 3,102 | 3,612 | 4,116 | 4,644 | 55027 | ||||
$8,001 - $9,000 | 1,536 | 2,058 | 2,586 | 3,102 | 3,612 | 4,116 | 55028 | ||||
$9,001 - $10,000 | 1,272 | 1,536 | 2,058 | 2,586 | 3,102 | 3,612 | 55029 | ||||
$10,001 - $11,500 | 1,020 | 1,272 | 1,536 | 2,058 | 2,586 | 3,102 | 55030 | ||||
$11,501 - $13,000 | 930 | 1,020 | 1,272 | 1,536 | 2,058 | 2,586 | 55031 | ||||
$13,001 - $14,500 | 840 | 930 | 1,020 | 1,272 | 1,536 | 2,058 | 55032 | ||||
$14,501 - $16,000 | 420 | 840 | 930 | 1,020 | 1,272 | 1,536 | 55033 | ||||
$16,001 - $19,000 | -- | 420 | 840 | 930 | 1,020 | 1,272 | 55034 | ||||
$19,001 - $22,000 | -- | -- | 420 | 840 | 930 | 1,020 | 55035 | ||||
$22,001 - $25,000 | -- | -- | -- | 420 | 840 | 930 | 55036 | ||||
$25,001 - $30,000 | -- | -- | -- | -- | 420 | 840 | 55037 | ||||
$30,001 - $35,000 | -- | -- | -- | -- | -- | 420 | 55038 |
For a full-time student who is a dependent and enrolled in an | 55039 |
educational institution that holds a certificate of registration | 55040 |
from the state board of proprietary school registration, the | 55041 |
amount of the instructional grant for two semesters, three | 55042 |
quarters, or a comparable portion of the academic year shall be | 55043 |
determined in accordance with the following table: | 55044 |
55045 |
55046 |
Maximum Grant $4,374 | 55047 | ||
Gross Income | Number of Dependents | 55048 |
1 | 2 | 3 | 4 | 5 or more | 55049 |
Under $14,000 | $4,374 | $4,374 | $4,374 | $4,374 | $4,374 | 55050 | ||||||
$14,001 - $15,000 | 3,948 | 4,374 | 4,374 | 4,374 | 4,374 | 55051 | ||||||
$15,001 - $16,000 | 3,480 | 3,948 | 4,374 | 4,374 | 4,374 | 55052 | ||||||
$16,001 - $17,000 | 3,042 | 3,480 | 3,948 | 4,374 | 4,374 | 55053 | ||||||
$17,001 - $18,000 | 2,634 | 3,042 | 3,480 | 3,948 | 4,374 | 55054 | ||||||
$18,001 - $21,000 | 2,166 | 2,634 | 3,042 | 3,480 | 3,948 | 55055 | ||||||
$21,001 - $24,000 | 1,752 | 2,166 | 2,634 | 3,042 | 3,480 | 55056 | ||||||
$24,001 - $27,000 | 1,338 | 1,752 | 2,166 | 2,634 | 3,042 | 55057 | ||||||
$27,001 - $30,000 | 1,074 | 1,338 | 1,752 | 2,166 | 2,634 | 55058 | ||||||
$30,001 - $31,000 | 858 | 1,074 | 1,338 | 1,752 | 2,166 | 55059 | ||||||
$31,001 - $32,000 | 804 | 858 | 1,074 | 1,338 | 1,752 | 55060 | ||||||
$32,001 - $33,000 | 708 | 804 | 858 | 1,074 | 1,338 | 55061 | ||||||
$33,001 - $34,000 | 354 | 708 | 804 | 858 | 1,074 | 55062 | ||||||
$34,001 - $35,000 | -- | 354 | 708 | 804 | 858 | 55063 | ||||||
$35,001 - $36,000 | -- | -- | 354 | 708 | 804 | 55064 | ||||||
$36,001 - $37,000 | -- | -- | -- | 354 | 708 | 55065 | ||||||
$37,001 - $38,000 | -- | -- | -- | -- | 354 | 55066 |
For a full-time student who is financially independent and | 55067 |
enrolled in an educational institution that holds a certificate of | 55068 |
registration from the state board of proprietary school | 55069 |
registration, the amount of the instructional grant for two | 55070 |
semesters, three quarters, or a comparable portion of the academic | 55071 |
year shall be determined in accordance with the following table: | 55072 |
55073 |
55074 |
Maximum Grant $4,374 | 55075 | ||
Gross Income | Number of Dependents | 55076 |
0 | 1 | 2 | 3 | 4 | 5 or more | 55077 |
Under $4,500 | $4,374 | $4,374 | $4,374 | $4,374 | $4,374 | $4,374 | 55078 | ||||
$4,501 - $5,000 | 3,948 | 4,374 | 4,374 | 4,374 | 4,374 | 4,374 | 55079 | ||||
$5,001 - $5,500 | 3,480 | 3,948 | 4,374 | 4,374 | 4,374 | 4,374 | 55080 | ||||
$5,501 - $6,000 | 3,042 | 3,480 | 3,948 | 4,374 | 4,374 | 4,374 | 55081 | ||||
$6,001 - $6,500 | 2,634 | 3,042 | 3,480 | 3,948 | 4,374 | 4,374 | 55082 | ||||
$6,501 - $7,000 | 2,166 | 2,634 | 3,042 | 3,480 | 3,948 | 4,374 | 55083 | ||||
$7,001 - $8,000 | 1,752 | 2,166 | 2,634 | 3,042 | 3,480 | 3,948 | 55084 | ||||
$8,001 - $9,000 | 1,338 | 1,752 | 2,166 | 2,634 | 3,042 | 3,480 | 55085 | ||||
$9,001 - $10,000 | 1,074 | 1,338 | 1,752 | 2,166 | 2,634 | 3,042 | 55086 | ||||
$10,001 - $11,500 | 858 | 1,074 | 1,338 | 1,752 | 2,166 | 2,634 | 55087 | ||||
$11,501 - $13,000 | 804 | 858 | 1,074 | 1,338 | 1,752 | 2,166 | 55088 | ||||
$13,001 - $14,500 | 708 | 804 | 858 | 1,074 | 1,338 | 1,752 | 55089 | ||||
$14,501 - $16,000 | 354 | 708 | 804 | 858 | 1,074 | 1,338 | 55090 | ||||
$16,001 - $19,000 | -- | 354 | 708 | 804 | 858 | 1,074 | 55091 | ||||
$19,001 - $22,000 | -- | -- | 354 | 708 | 804 | 858 | 55092 | ||||
$22,001 - $25,000 | -- | -- | -- | 354 | 708 | 804 | 55093 | ||||
$25,001 - $30,000 | -- | -- | -- | -- | 354 | 708 | 55094 | ||||
$30,001 - $35,000 | -- | -- | -- | -- | -- | 354 | 55095 |
For a full-time student who is a dependent and enrolled in a | 55096 |
state-assisted educational institution, the amount of the | 55097 |
instructional grant for two semesters, three quarters, or a | 55098 |
comparable portion of the academic year shall be determined in | 55099 |
accordance with the following table: | 55100 |
55101 |
55102 |
Maximum Grant $2,070 | 55103 | ||
Gross Income | Number of Dependents | 55104 |
1 | 2 | 3 | 4 | 5 or more | 55105 |
Under $14,000 | $2,070 | $2,070 | $2,070 | $2,070 | $2,070 | 55106 | ||||||
$14,001 - $15,000 | 1,866 | 2,070 | 2,070 | 2,070 | 2,070 | 55107 | ||||||
$15,001 - $16,000 | 1,644 | 1,866 | 2,070 | 2,070 | 2,070 | 55108 | ||||||
$16,001 - $17,000 | 1,458 | 1,644 | 1,866 | 2,070 | 2,070 | 55109 | ||||||
$17,001 - $18,000 | 1,248 | 1,458 | 1,644 | 1,866 | 2,070 | 55110 | ||||||
$18,001 - $21,000 | 1,020 | 1,248 | 1,458 | 1,644 | 1,866 | 55111 | ||||||
$21,001 - $24,000 | 816 | 1,020 | 1,248 | 1,458 | 1,644 | 55112 | ||||||
$24,001 - $27,000 | 612 | 816 | 1,020 | 1,248 | 1,458 | 55113 | ||||||
$27,001 - $30,000 | 492 | 612 | 816 | 1,020 | 1,248 | 55114 | ||||||
$30,001 - $31,000 | 396 | 492 | 612 | 816 | 1,020 | 55115 | ||||||
$31,001 - $32,000 | 366 | 396 | 492 | 612 | 816 | 55116 | ||||||
$32,001 - $33,000 | 336 | 366 | 396 | 492 | 612 | 55117 | ||||||
$33,001 - $34,000 | 168 | 336 | 366 | 396 | 492 | 55118 | ||||||
$34,001 - $35,000 | -- | 168 | 336 | 366 | 396 | 55119 | ||||||
$35,001 - $36,000 | -- | -- | 168 | 336 | 366 | 55120 | ||||||
$36,001 - $37,000 | -- | -- | -- | 168 | 336 | 55121 | ||||||
$37,001 - $38,000 | -- | -- | -- | -- | 168 | 55122 |
For a full-time student who is financially independent and | 55123 |
enrolled in a state-assisted educational institution, the amount | 55124 |
of the instructional grant for two semesters, three quarters, or a | 55125 |
comparable portion of the academic year shall be determined in | 55126 |
accordance with the following table: | 55127 |
55128 |
55129 |
Maximum Grant $2,070 | 55130 | ||
Gross Income | Number of Dependents | 55131 |
0 | 1 | 2 | 3 | 4 | 5 or more | 55132 |
Under $4,500 | $2,070 | $2,070 | $2,070 | $2,070 | $2,070 | $2,070 | 55133 | ||||
$4,501 - $5,000 | 1,866 | 2,070 | 2,070 | 2,070 | 2,070 | 2,070 | 55134 | ||||
$5,001 - $5,500 | 1,644 | 1,866 | 2,070 | 2,070 | 2,070 | 2,070 | 55135 | ||||
$5,501 - $6,000 | 1,458 | 1,644 | 1,866 | 2,070 | 2,070 | 2,070 | 55136 | ||||
$6,001 - $6,500 | 1,248 | 1,458 | 1,644 | 1,866 | 2,070 | 2,070 | 55137 | ||||
$6,501 - $7,000 | 1,020 | 1,248 | 1,458 | 1,644 | 1,866 | 2,070 | 55138 | ||||
$7,001 - $8,000 | 816 | 1,020 | 1,248 | 1,458 | 1,644 | 1,866 | 55139 | ||||
$8,001 - $9,000 | 612 | 816 | 1,020 | 1,248 | 1,458 | 1,644 | 55140 | ||||
$9,001 - $10,000 | 492 | 612 | 816 | 1,020 | 1,248 | 1,458 | 55141 | ||||
$10,001 - $11,500 | 396 | 492 | 612 | 816 | 1,020 | 1,248 | 55142 | ||||
$11,501 - $13,000 | 366 | 396 | 492 | 612 | 816 | 1,020 | 55143 | ||||
$13,001 - $14,500 | 336 | 366 | 396 | 492 | 612 | 816 | 55144 | ||||
$14,501 - $16,000 | 168 | 336 | 366 | 396 | 492 | 612 | 55145 | ||||
$16,001 - $19,000 | -- | 168 | 336 | 366 | 396 | 492 | 55146 | ||||
$19,001 - $22,000 | -- | -- | 168 | 336 | 366 | 396 | 55147 | ||||
$22,001 - $25,000 | -- | -- | -- | 168 | 336 | 366 | 55148 | ||||
$25,001 - $30,000 | -- | -- | -- | -- | 168 | 336 | 55149 | ||||
$30,001 - $35,000 | -- | -- | -- | -- | -- | 168 | 55150 |
The foregoing appropriation item 235-503, Ohio Instructional | 55151 |
Grants, shall be used to make the payments authorized by division | 55152 |
(C) of section 3333.26 of the Revised Code to the institutions | 55153 |
described in that division. In addition, this appropriation shall | 55154 |
be used to reimburse the institutions described in division (B) of | 55155 |
section 3333.26 of the Revised Code for the cost of the waivers | 55156 |
required by that division. | 55157 |
Of the appropriation item 235-503, Ohio Instructional Grants, | 55158 |
surplus funds net of encumbrances from the appropriation for | 55159 |
fiscal year 2002 shall be reappropriated to appropriation item | 55160 |
235-534, Student Workforce Development Grants, for fiscal year | 55161 |
2003. | 55162 |
Of the appropriation item 235-503, Ohio Instructional Grants, | 55163 |
surplus funds net of encumbrances from the appropriation for | 55164 |
fiscal year 2003 shall be reappropriated to appropriation item | 55165 |
235-534, Student Workforce Development Grants, for fiscal year | 55166 |
2004. | 55167 |
WAR ORPHANS SCHOLARSHIPS | 55168 |
The foregoing appropriation item 235-504, War Orphans | 55169 |
Scholarships, shall be used to reimburse state-assisted | 55170 |
institutions of higher education for waivers of instructional fees | 55171 |
and general fees provided by them, to provide grants to | 55172 |
institutions that have received a certificate of authorization | 55173 |
from the Ohio Board of Regents under Chapter 1713. of the Revised | 55174 |
Code, in accordance with the provisions of section 5910.04 of the | 55175 |
Revised Code, and to fund additional scholarship benefits provided | 55176 |
by section 5910.032 of the Revised Code. | 55177 |
PART-TIME STUDENT INSTRUCTIONAL GRANTS | 55178 |
The foregoing appropriation item 235-549, Part-time Student | 55179 |
Instructional Grants, shall be used to support a grant program for | 55180 |
part-time undergraduate students who are Ohio residents and who | 55181 |
are enrolled in degree granting programs. | 55182 |
Eligibility for participation in the program shall include | 55183 |
degree granting educational institutions that hold a certificate | 55184 |
of registration from the State Board of Proprietary School | 55185 |
Registration, and nonprofit institutions that have a certificate | 55186 |
of authorization issued pursuant to Chapter 1713. of the Revised | 55187 |
Code, as well as state-assisted colleges and universities. Grants | 55188 |
shall be given to students on the basis of need, as determined by | 55189 |
the college, which, in making these determinations, shall give | 55190 |
special consideration to single-parent heads-of-household and | 55191 |
displaced homemakers who enroll in an educational degree program | 55192 |
that prepares the individual for a career. In determining need, | 55193 |
the college also shall consider the availability of educational | 55194 |
assistance from a student's employer. It is the intent of the | 55195 |
General Assembly that these grants not supplant such assistance. | 55196 |
Section 93.08. STUDENT CHOICE GRANTS | 55197 |
The foregoing appropriation item 235-531, Student Choice | 55198 |
Grants, shall be used to support the Student Choice Grant Program | 55199 |
created by section 3333.27 of the Revised Code. | 55200 |
STUDENT WORKFORCE DEVELOPMENT GRANTS | 55201 |
The foregoing appropriation item 235-534, Student Workforce | 55202 |
Development Grants, shall be used to support the Student Workforce | 55203 |
Development Grant Program. Of the appropriated funds available, | 55204 |
the Board of Regents shall distribute grants of up to $200 to each | 55205 |
eligible student in an academic year. | 55206 |
ACADEMIC SCHOLARSHIPS | 55207 |
The foregoing appropriation item 235-530, Academic | 55208 |
Scholarships, shall be used to provide academic scholarships to | 55209 |
students under section 3333.22 of the Revised Code. The annual | 55210 |
scholarship amount awarded to any student who receives a | 55211 |
scholarship for the 2001-2002 academic year shall be $2,100, and | 55212 |
the annual scholarship amount awarded to any student who receives | 55213 |
a scholarship for the 2002-2003 academic year shall be $2,205. | 55214 |
PHYSICIAN LOAN REPAYMENT | 55215 |
The foregoing appropriation item 235-604, Physician Loan | 55216 |
Repayment, shall be used in accordance with sections 3702.71 to | 55217 |
3702.81 of the Revised Code. | 55218 |
NURSING LOAN PROGRAM | 55219 |
The foregoing appropriation item 235-606, Nursing Loan | 55220 |
Program, shall be used to administer the nurse education | 55221 |
assistance program. Up to $159,600 in fiscal year 2002 and | 55222 |
$167,580 in fiscal year 2003 may be used for operating expenses | 55223 |
associated with the program. Any additional funds needed for the | 55224 |
administration of the program are subject to Controlling Board | 55225 |
approval. | 55226 |
Section 93.09. COOPERATIVE EXTENSION SERVICE | 55227 |
Of the foregoing appropriation item 235-511, Cooperative | 55228 |
Extension Service, $210,000 in each fiscal year shall be used for | 55229 |
additional staffing for county agents for expanded 4-H activities. | 55230 |
Of the foregoing appropriation item 235-511, Cooperative Extension | 55231 |
Service, $210,000 in each fiscal year shall be used by the | 55232 |
Cooperative Extension Service, through the Enterprise Center for | 55233 |
Economic Development in cooperation with other agencies, for a | 55234 |
public-private effort to create and operate a small business | 55235 |
economic development program to enhance the development of | 55236 |
alternatives to the growing of tobacco, and implement, through | 55237 |
applied research and demonstration, the production and marketing | 55238 |
of other high-value crops and value-added products. Of the | 55239 |
foregoing appropriation item 235-511, Cooperative Extension | 55240 |
Service, $65,000 in each fiscal year shall be used for farm labor | 55241 |
mediation and education programs. Of the foregoing appropriation | 55242 |
item 235-511, Cooperative Extension Service, $215,000 in each | 55243 |
fiscal year shall be used to support the Ohio State University | 55244 |
Marion Enterprise Center. | 55245 |
Of the foregoing appropriation item 235-511, Cooperative | 55246 |
Extension Service, $910,500 in each fiscal year shall be used to | 55247 |
support the Ohio Watersheds Initiative. | 55248 |
OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER | 55249 |
Of the foregoing appropriation item 235-535, Ohio | 55250 |
Agricultural Research and Development Center, $950,000 in each | 55251 |
fiscal year shall be distributed to the Piketon Agricultural | 55252 |
Research and Extension Center. | 55253 |
Of the foregoing appropriation item 235-535, Ohio | 55254 |
Agricultural Research and Development Center, $250,000 in each | 55255 |
fiscal year shall be distributed to the | 55256 |
Raspberry/Strawberry-Ellagic Acid Research program at the Ohio | 55257 |
State University Medical College in cooperation with the Ohio | 55258 |
State University College of Agriculture. | 55259 |
Of the foregoing appropriation item 235-535, Ohio | 55260 |
Agricultural Research and Development Center, $50,000 in each | 55261 |
fiscal year shall be used to support the Ohio Berry Administrator. | 55262 |
Of the foregoing appropriation item 235-535, Ohio | 55263 |
Agricultural Research and Development Center, $100,000 in each | 55264 |
fiscal year shall be used for the development of agricultural | 55265 |
crops and products not currently in widespread production in Ohio, | 55266 |
in order to increase the income and viability of family farmers. | 55267 |
COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH | 55268 |
AND DEVELOPMENT CENTER | 55269 |
The foregoing appropriation items 235-511, Cooperative | 55270 |
Extension Service, and 235-535, Ohio Agricultural Research and | 55271 |
Development Center, shall be disbursed through the Board of | 55272 |
Regents to The Ohio State University in monthly payments, unless | 55273 |
otherwise determined by the Director of Budget and Management | 55274 |
pursuant to section 126.09 of the Revised Code. Of the foregoing | 55275 |
appropriation item 235-535, Ohio Agricultural Research and | 55276 |
Development Center, $540,000 in each fiscal year shall be used to | 55277 |
purchase equipment. | 55278 |
The Ohio Agricultural Research and Development Center shall | 55279 |
not be required to remit payment to The Ohio State University | 55280 |
during the 2001-2003 biennium for cost reallocation assessments. | 55281 |
The cost reallocation assessments include, but are not limited to, | 55282 |
any assessment on state appropriations to the center. | 55283 |
Section 93.10. SEA GRANTS | 55284 |
The foregoing appropriation item 235-402, Sea Grants, shall | 55285 |
be disbursed to The Ohio State University and shall be used to | 55286 |
conduct research on fish in Lake Erie. | 55287 |
INFORMATION SYSTEM | 55288 |
The foregoing appropriation item 235-409, Information System, | 55289 |
shall be used by the Board of Regents to operate the higher | 55290 |
education information data system known as the Higher Education | 55291 |
Information System. | 55292 |
STUDENT SUPPORT SERVICES | 55293 |
The foregoing appropriation item 235-502, Student Support | 55294 |
Services, shall be distributed by the Board of Regents to Ohio's | 55295 |
state-assisted colleges and universities that incur | 55296 |
disproportionate costs in the provision of support services to | 55297 |
disabled students. | 55298 |
CENTRAL STATE SUPPLEMENT | 55299 |
The foregoing appropriation item 235-514, Central State | 55300 |
Supplement, shall be used by Central State University to keep | 55301 |
undergraduate fees below the statewide average, consistent with | 55302 |
its mission of service to many first-generation college students | 55303 |
from groups historically underrepresented in higher education and | 55304 |
from families with limited incomes. | 55305 |
SHAWNEE STATE SUPPLEMENT | 55306 |
The foregoing appropriation item 235-520, Shawnee State | 55307 |
Supplement, shall be used by Shawnee State University as detailed | 55308 |
by both of the following: | 55309 |
(A) To allow Shawnee State University to keep its | 55310 |
undergraduate fees below the statewide average, consistent with | 55311 |
its mission of service to an economically depressed Appalachian | 55312 |
region; | 55313 |
(B) To allow Shawnee State University to employ new faculty | 55314 |
to develop and teach in new degree programs that meet the needs of | 55315 |
Appalachians. | 55316 |
POLICE AND FIRE PROTECTION | 55317 |
The foregoing appropriation item 235-524, Police and Fire | 55318 |
Protection, shall be used for police and fire services in the | 55319 |
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 55320 |
Portsmouth, Xenia Township (Greene County), and Rootstown | 55321 |
Township, which may be used to assist these local governments in | 55322 |
providing police and fire protection for the central campus of the | 55323 |
state-affiliated university located therein. Each participating | 55324 |
municipality and township shall receive at least five thousand | 55325 |
dollars per year. Funds shall be distributed by the Board of | 55326 |
Regents. | 55327 |
SCHOOL OF INTERNATIONAL BUSINESS | 55328 |
Of the foregoing appropriation item 235-547, School of | 55329 |
International Business, $1,218,764 in each fiscal year shall be | 55330 |
used for the continued development and support of the School of | 55331 |
International Business of the state universities of northeast | 55332 |
Ohio. The money shall go to the University of Akron. These funds | 55333 |
shall be used by the university to establish a School of | 55334 |
International Business located at the University of Akron. It may | 55335 |
confer with Kent State University, Youngstown State University, | 55336 |
and Cleveland State University as to the curriculum and other | 55337 |
matters regarding the school. | 55338 |
Of the foregoing appropriation item 235-547, School of | 55339 |
International Business, $245,000 in each fiscal year shall be used | 55340 |
by the University of Toledo College of Business for expansion of | 55341 |
its international business programs. | 55342 |
Of the foregoing appropriation item 235-547, School of | 55343 |
International Business, $245,000 in each fiscal year shall be used | 55344 |
by to support the Ohio State University MUCIA program. | 55345 |
CAPITAL COMPONENT | 55346 |
The foregoing appropriation item 235-552, Capital Component, | 55347 |
shall be used by the Board of Regents to implement the capital | 55348 |
funding policy for state-assisted colleges and universities | 55349 |
established in Am. H.B. No. 748 of the 121st General Assembly. | 55350 |
Appropriations from this item shall be distributed to all campuses | 55351 |
for which the estimated campus debt service attributable to new | 55352 |
qualifying capital projects is less than the campus's | 55353 |
formula-determined capital component allocation. Campus | 55354 |
allocations shall be determined by subtracting the estimated | 55355 |
campus debt service attributable to new qualifying capital | 55356 |
projects from the campus formula-determined capital component | 55357 |
allocation. Moneys distributed from this appropriation item shall | 55358 |
be restricted to capital-related purposes. | 55359 |
DAYTON AREA GRADUATE STUDIES INSTITUTE | 55360 |
The foregoing appropriation item 235-553, Dayton Area | 55361 |
Graduate Studies Institute, shall be used by the Board of Regents | 55362 |
to support the Dayton Area Graduate Studies Institute, an | 55363 |
engineering graduate consortium of three universities in the | 55364 |
Dayton area: Wright State University, the University of Dayton, | 55365 |
and the Air Force Institute of Technology, with the participation | 55366 |
of the University of Cincinnati and The Ohio State University. | 55367 |
LONG-TERM CARE RESEARCH | 55368 |
The foregoing appropriation item 235-558, Long-term Care | 55369 |
Research, shall be disbursed to Miami University for long-term | 55370 |
care research. | 55371 |
BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER | 55372 |
The foregoing appropriation item 235-561, Bowling Green State | 55373 |
University Canadian Studies Center, shall be used by the Canadian | 55374 |
Studies Center at Bowling Green State University to study | 55375 |
opportunities for Ohio and Ohio businesses to benefit from the | 55376 |
Free Trade Agreement between the United States and Canada. | 55377 |
URBAN UNIVERSITY PROGRAMS | 55378 |
Of the foregoing appropriation item 235-583, Urban University | 55379 |
Programs, universities receiving funds that are used to support an | 55380 |
ongoing university unit shall certify periodically in a manner | 55381 |
approved by the Board of Regents that program funds are being | 55382 |
matched on a one-to-one basis with equivalent resources. Overhead | 55383 |
support may not be used to meet this requirement. Where Urban | 55384 |
University Program funds are being used to support an ongoing | 55385 |
university unit, matching funds must come from continuing rather | 55386 |
than one-time sources. At each participating state-assisted | 55387 |
institution of higher education, matching funds must be within the | 55388 |
substantial control of the individual designated by the | 55389 |
institution's president as the Urban University Program | 55390 |
representative. | 55391 |
Of the foregoing appropriation item 235-583, Urban University | 55392 |
Programs, $372,400 in each fiscal year shall be used to support a | 55393 |
public communication outreach program (WCPN). The primary purpose | 55394 |
of the program shall be to develop a relationship between | 55395 |
Cleveland State University and nonprofit communications entities. | 55396 |
Of the foregoing appropriation item 235-583, Urban University | 55397 |
Programs, $176,400 in each fiscal year shall be used to support | 55398 |
the Center for the Interdisciplinary Study of Education and the | 55399 |
Urban Child at Cleveland State University. These funds shall be | 55400 |
distributed according to rules adopted by the Board of Regents and | 55401 |
shall be used by the center for interdisciplinary activities | 55402 |
targeted toward increasing the chance of lifetime success of the | 55403 |
urban child, including interventions beginning with the prenatal | 55404 |
period. The primary purpose of the center is to study issues in | 55405 |
urban education and to systematically map directions for new | 55406 |
approaches and new solutions by bringing together a cadre of | 55407 |
researchers, scholars, and professionals representing the social, | 55408 |
behavioral, education, and health disciplines. | 55409 |
Of the foregoing appropriation item 235-583, Urban University | 55410 |
Programs, $254,800 in each fiscal year shall be used to support | 55411 |
the Kent State University Learning and Technology Project. This | 55412 |
project is a kindergarten through university collaboration between | 55413 |
schools surrounding Kent's eight campuses in northeast Ohio, and | 55414 |
corporate partners who will assist in development and delivery. | 55415 |
The Kent State University Project shall provide a faculty | 55416 |
member who has a full-time role in the development of | 55417 |
collaborative activities and teacher instructional programming | 55418 |
between Kent and the K-12th grade schools that surround its eight | 55419 |
campuses; appropriate student support staff to facilitate these | 55420 |
programs and joint activities; and hardware and software to | 55421 |
schools that will make possible the delivery of instruction to | 55422 |
pre-service and in-service teachers, and their students, in their | 55423 |
own classrooms or school buildings. This shall involve the | 55424 |
delivery of low-bandwidth streaming video and web-based | 55425 |
technologies in a distributed instructional model. | 55426 |
Of the foregoing appropriation item 235-583, Urban University | 55427 |
Programs, $98,000 in each fiscal year shall be used to support the | 55428 |
Ameritech Classroom/Center for Research at Kent State University. | 55429 |
Of the foregoing appropriation item 235-583, Urban University | 55430 |
Programs, $980,000 in each fiscal year shall be used to support | 55431 |
the Polymer Distance Learning Project at the University of Akron. | 55432 |
Of the foregoing appropriation item 235-583, Urban University | 55433 |
Programs, $49,000 in each fiscal year shall be distributed to the | 55434 |
Kent State University/Cleveland Design Center program. | 55435 |
Of the foregoing appropriation item 235-583, Urban University | 55436 |
Programs, $245,000 in each fiscal year shall be used to support | 55437 |
the Bliss Institute of Applied Politics at the University of | 55438 |
Akron. | 55439 |
Of the foregoing appropriation item 235-583, Urban University | 55440 |
Programs, $14,700 in each fiscal year shall be used for the | 55441 |
Advancing-Up Program at the University of Akron. | 55442 |
Of the foregoing appropriation item 235-583, Urban University | 55443 |
Programs, in each fiscal year $2,156,629 shall be distributed by | 55444 |
the Board of Regents to Cleveland State University in support of | 55445 |
the Maxine Goodman Levin College of Urban Affairs. | 55446 |
Of the foregoing appropriation item 235-583, Urban University | 55447 |
Programs, in each fiscal year $2,156,630 shall be distributed to | 55448 |
the Northeast Ohio Research Consortium, the Urban Linkages | 55449 |
Program, and the Urban Research Technical Assistance Grant | 55450 |
Program. The distribution among the three programs shall be | 55451 |
determined by the chair of the Urban University Program. | 55452 |
INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT | 55453 |
The foregoing appropriation item 235-595, International | 55454 |
Center for Water Resources Development, shall be used to support | 55455 |
the International Center for Water Resources Development at | 55456 |
Central State University. The center shall develop methods to | 55457 |
improve the management of water resources for Ohio and for | 55458 |
emerging nations. | 55459 |
RURAL UNIVERSITY PROJECTS | 55460 |
Of the foregoing appropriation item 235-587, Rural University | 55461 |
Projects, Bowling Green State University shall receive $212,072 in | 55462 |
each fiscal year, Miami University shall receive $324,503 in each | 55463 |
fiscal year, and Ohio University shall receive $740,977 in each | 55464 |
fiscal year. These funds shall be used to support the Institute | 55465 |
for Local Government Administration and Rural Development at Ohio | 55466 |
University, the Center for Public Management and Regional Affairs | 55467 |
at Miami University, and the Center for Policy Analysis and Public | 55468 |
Service at Bowling Green State University. | 55469 |
Of the foregoing appropriation item 235-587, Rural University | 55470 |
Projects, $24,500 in each fiscal year shall be used to support the | 55471 |
Washington State Community College day care center. | 55472 |
Of the foregoing appropriation item 235-587, Rural University | 55473 |
Projects, $73,500 in each fiscal year shall be used to support | 55474 |
the COAD/ILGARD/GOA Appalachian Leadership Initiative. | 55475 |
A small portion of the funds provided to Ohio University | 55476 |
shall also be used for the Institute for Local Government | 55477 |
Administration and Rural Development State and Rural Policy | 55478 |
Partnership with the Governor's Office of Appalachia and the | 55479 |
Appalachian delegation of the General Assembly. | 55480 |
OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING | 55481 |
The foregoing appropriation item 235-588, Ohio Resource | 55482 |
Center for Mathematics, Science, and Reading, shall be used to | 55483 |
support a resource center for mathematics, science, and reading to | 55484 |
be located at a state-assisted university for the purpose of | 55485 |
identifying best educational practices in primary and secondary | 55486 |
schools and establishing methods for communicating them to | 55487 |
colleges of education and school districts. | 55488 |
HAZARDOUS MATERIALS PROGRAM | 55489 |
The foregoing appropriation item 235-596, Hazardous Materials | 55490 |
Program, shall be disbursed to Cleveland State University for the | 55491 |
operation of a program to certify firefighters for the handling of | 55492 |
hazardous materials. Training shall be available to all Ohio | 55493 |
firefighters. | 55494 |
Of the foregoing appropriation item 235-596, Hazardous | 55495 |
Materials Program, $100,000 in each fiscal year shall be used to | 55496 |
support the Center for the Interdisciplinary Study of Education | 55497 |
and Leadership in Public Service at Cleveland State University. | 55498 |
These funds shall be distributed by the Board of Regents and shall | 55499 |
be used by the center targeted toward increasing the role of | 55500 |
special populations in public service and not-for-profit | 55501 |
organizations. The primary purpose of the center is to study | 55502 |
issues in public service and to guide strategies for attracting | 55503 |
new communities into public service occupations by bringing | 55504 |
together a cadre of researchers, scholars and professionals | 55505 |
representing the public administration, social behavioral, and | 55506 |
education disciplines. | 55507 |
NATIONAL GUARD SCHOLARSHIP PROGRAM | 55508 |
The Board of Regents shall disburse funds from appropriation | 55509 |
item 235-599, National Guard Scholarship Program, at the direction | 55510 |
of the Adjutant General. | 55511 |
OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT | 55512 |
The foregoing appropriation item 235-602, HEFC | 55513 |
Administration, shall be used by the Board of Regents for | 55514 |
operating expenses related to the Board of Regents' support of the | 55515 |
activities of the Ohio Higher Educational Facility Commission. | 55516 |
Upon the request of the chancellor, the Director of Budget and | 55517 |
Management shall transfer up to $12,000 cash from Fund 461 to Fund | 55518 |
4E8 in each fiscal year of the biennium. | 55519 |
Section 93.11. BREAKTHROUGH INVESTMENTS | 55520 |
OHIO PLAN STUDY COMMITTEE | 55521 |
There is established the Ohio Plan Study Committee, which | 55522 |
shall determine appropriate ways to fund the Ohio Plan for | 55523 |
Technology and Development. The Study Committee shall consist of | 55524 |
the Director of Budget and Management, the Chancellor of the Board | 55525 |
of Regents, three members of the House of Representatives | 55526 |
appointed by the Speaker, of whom no more than two shall be of the | 55527 |
same political party, and three members of the Senate appointed by | 55528 |
the President, of whom no more than two shall be of the same | 55529 |
political party. Administrative support for the Study Committee | 55530 |
shall be provided by the Board of Regents. The Study Committee | 55531 |
shall report its recommendations to the Governor and the General | 55532 |
Assembly no later than December 31, 2001. After it submits its | 55533 |
report, the Study Committee shall cease to exist. The Ohio Plan | 55534 |
for Technology and Development is intended to promote | 55535 |
collaborative efforts among state government, higher education, | 55536 |
and business and industry that will lead to the development of New | 55537 |
Economy applications of science and technology and, ultimately, | 55538 |
new business start-ups in the state and increased economic | 55539 |
prosperity for the citizens of Ohio. | 55540 |
APPALACHIAN NEW ECONOMY PARTNERSHIP | 55541 |
The foregoing appropriation item 235-428, Appalachian New | 55542 |
Economy Partnership, shall be used by the Board of Regents to | 55543 |
begin a multicampus and multiagency coordinated effort to link | 55544 |
Appalachia to the new economy. Funds shall be distributed to Ohio | 55545 |
University to provide leadership in the development and | 55546 |
implementation of initiatives in the areas of entrepreneurship, | 55547 |
technology, education, and management. | 55548 |
Section 93.12. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 55549 |
FUND MONEYS | 55550 |
Notwithstanding any provision of law to the contrary, all | 55551 |
repayments of Research Facility Investment Fund loans shall be | 55552 |
made to the Bond Service Trust Fund. All Research Facility | 55553 |
Investment Fund loan repayments made prior to the effective date | 55554 |
of this section shall be transferred by the Director of Budget and | 55555 |
Management to the Bond Service Trust Fund within sixty days of the | 55556 |
effective date of this section. | 55557 |
Campuses shall make timely repayments of Research Facility | 55558 |
Investment Fund loans, according to the schedule established by | 55559 |
the Board of Regents. In the case of late payments, the Board of | 55560 |
Regents may deduct from an institution's periodic subsidy | 55561 |
distribution an amount equal to the amount of the overdue payment | 55562 |
for that institution, transfer such amount to the Bond Service | 55563 |
Trust Fund, and credit the appropriate institution for the | 55564 |
repayment. | 55565 |
VETERANS' PREFERENCES | 55566 |
The Board of Regents shall work with the Governor's Office of | 55567 |
Veterans' Affairs to develop specific veterans' preference | 55568 |
guidelines for higher education institutions. These guidelines | 55569 |
shall ensure that the institutions' hiring practices are in | 55570 |
accordance with the intent of Ohio's veterans' preference laws. | 55571 |
Section 93.13. CENTRAL STATE UNIVERSITY | 55572 |
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and | 55573 |
3345.76 of the Revised Code and rule 126:3-1-01 of the | 55574 |
Administrative Code, Central State University shall adhere to the | 55575 |
following fiscal standards: | 55576 |
(1) Maintenance of a balanced budget and filing of quarterly | 55577 |
reports on an annualized budget with the Board of Regents, | 55578 |
comparing the budget to actual spending and revenues with | 55579 |
projected expenditures and revenues for the remainder of the year. | 55580 |
Such reports shall include narrative explanations as appropriate | 55581 |
and be filed within 30 days of the end of the quarter. | 55582 |
(2) Timely and accurate assessment of the current and | 55583 |
projected cash flow of university funds, by fund type; | 55584 |
(3) Timely reconciliation of all university cash and general | 55585 |
ledger accounts, by fund; | 55586 |
(4) Submission to the Auditor of State of financial | 55587 |
statements consistent with audit requirements prescribed by the | 55588 |
Auditor of State within four months after the end of the fiscal | 55589 |
year; | 55590 |
(5) Completion of an audit within six months after the end | 55591 |
of the fiscal year. | 55592 |
The Director of Budget and Management shall provide | 55593 |
clarification to the university on these fiscal standards as | 55594 |
deemed necessary. The director also may take such actions as are | 55595 |
necessary to ensure that the university adheres to these standards | 55596 |
and other fiscal standards consistent with generally accepted | 55597 |
accounting principles and the requirements of external entities | 55598 |
providing funding to the university. Such actions may include the | 55599 |
appointment of a financial consultant to assist Central State | 55600 |
University in the continuous process of design and implementation | 55601 |
of responsible systems of financial management and accounting. | 55602 |
(B) The director's fiscal oversight shall continue until | 55603 |
such time as the university meets the same criteria as those | 55604 |
created in paragraph (F) of rule 126:3-1-01 of the Administrative | 55605 |
Code for the termination of a fiscal watch. At that time Central | 55606 |
State University shall be relieved of the requirements of this | 55607 |
section and subject to the requirements of sections 3345.72, | 55608 |
3345.74, 3345.75, and 3345.76 of the Revised Code. | 55609 |
Any encumbered funds remaining from appropriation item | 55610 |
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 6 | 55611 |
of the 122nd General Assembly shall be released during the | 55612 |
2001-2003 biennium for nonrecurring expenses contingent upon the | 55613 |
approval of the Director of Budget and Management. | 55614 |
Section 94. DRC DEPARTMENT OF REHABILITATION AND | 55615 |
55616 |
General Revenue Fund | 55617 | ||||||||||
GRF | 501-321 | Institutional Operations | $ | 803,742,214 | $ | 845,948,431 | 55618 | ||||
GRF | 501-403 | Prisoner Compensation | $ | 8,837,616 | $ | 8,837,616 | 55619 | ||||
GRF | 501-405 | Halfway House | $ | 36,873,018 | $ | 36,873,018 | 55620 | ||||
GRF | 501-406 | Lease Rental Payments | $ | 147,288,300 | $ | 151,594,300 | 55621 | ||||
GRF | 501-407 | Community Nonresidential Programs | $ | 15,150,792 | $ | 15,150,792 | 55622 | ||||
GRF | 501-408 | Community Misdemeanor Programs | $ | 7,942,211 | $ | 7,942,211 | 55623 | ||||
GRF | 501-501 | Community Residential Programs - CBCF | $ | 51,215,353 | $ | 54,815,353 | 55624 | ||||
55625 | |||||||||||
GRF | 502-321 | Mental Health Services | $ | 74,444,329 | $ | 78,261,520 | 55626 | ||||
GRF | 503-321 | Parole and Community Operations | $ | 73,332,328 | $ | 78,711,552 | 55627 | ||||
GRF | 504-321 | Administrative Operations | $ | 27,673,600 | $ | 27,465,740 | 55628 | ||||
GRF | 505-321 | Institution Medical Services | $ | 132,610,379 | $ | 138,122,584 | 55629 | ||||
GRF | 506-321 | Institution Education Services | $ | 22,858,645 | $ | 23,917,493 | 55630 | ||||
GRF | 507-321 | Institution Recovery Services | $ | 6,642,352 | $ | 6,951,387 | 55631 | ||||
TOTAL GRF General Revenue Fund | $ | 1,408,611,137 | $ | 1,474,591,997 | 55632 | ||||||
55633 |
General Services Fund Group | 55634 |
4B0 | 501-601 | Penitentiary Sewer Treatment Facility Services | $ | 1,535,919 | $ | 1,614,079 | 55635 | ||||
4D4 | 501-603 | Prisoner Programs | $ | 21,872,497 | $ | 23,135,230 | 55636 | ||||
4L4 | 501-604 | Transitional Control | $ | 401,772 | $ | 417,032 | 55637 | ||||
4S5 | 501-608 | Education Services | $ | 3,727,680 | $ | 3,894,150 | 55638 | ||||
483 | 501-605 | Property Receipts | $ | 361,230 | $ | 373,628 | 55639 | ||||
5H8 | 501-617 | Offender Financial Responsibility | $ | 435,000 | $ | 440,000 | 55640 | ||||
5L6 | 501-611 | Information Technology Services | $ | 5,474,800 | $ | 3,561,670 | 55641 | ||||
571 | 501-606 | Training Academy Receipts | $ | 71,567 | $ | 71,567 | 55642 | ||||
593 | 501-618 | Laboratory Services | $ | 4,277,711 | $ | 4,469,231 | 55643 | ||||
TOTAL GSF General Services Fund Group | $ | 38,158,176 | $ | 37,976,587 | 55644 |
Federal Special Revenue Fund Group | 55645 |
3S1 | 501-615 | Truth-In-Sentencing Grants | $ | 22,906,042 | $ | 23,432,796 | 55646 | ||||
323 | 501-619 | Federal Grants | $ | 10,246,790 | $ | 10,246,790 | 55647 | ||||
TOTAL FED Federal Special Revenue | 55648 | ||||||||||
Fund Group | $ | 33,152,832 | $ | 33,679,586 | 55649 |
Intragovernmental Service Fund Group | 55650 |
148 | 501-602 | Services and Agricultural | $ | 95,102,123 | $ | 98,634,008 | 55651 | ||||
200 | 501-607 | Ohio Penal Industries | $ | 43,131,254 | $ | 44,425,724 | 55652 | ||||
TOTAL ISF Intragovernmental | 55653 | ||||||||||
Service Fund Group | $ | 138,233,377 | $ | 143,059,732 | 55654 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,618,155,522 | $ | 1,689,307,902 | 55655 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS | 55656 |
The foregoing appropriation item 501-406, Lease Rental | 55657 |
Payments, shall be used for payments to the Ohio Building | 55658 |
Authority for the period July 1, 2001, to June 30, 2003, pursuant | 55659 |
to the primary leases and agreements for those buildings made | 55660 |
under Chapter 152. of the Revised Code in the amount of | 55661 |
$298,882,600, which are the source of funds pledged for bond | 55662 |
service charges on related obligations issued pursuant to Chapter | 55663 |
152. of the Revised Code. | 55664 |
PRISONER COMPENSATION | 55665 |
Money from the foregoing appropriation item 501-403, Prisoner | 55666 |
Compensation, shall be transferred on a quarterly basis by | 55667 |
intrastate transfer voucher to Fund 148 for the purposes of paying | 55668 |
prisoner compensation. | 55669 |
CBCF Title XX FUNDS | 55670 |
Not later than July 15, 2001, the Director of Budget and | 55671 |
Management shall transfer $1,800,000 from Fund 3W3, Adult Special | 55672 |
Needs, to the General Revenue Fund. Not later than July 15, 2002, | 55673 |
the Director of Budget and Management shall transfer $5,400,000 | 55674 |
from Fund 3W3, Adult Special Needs, to the General Revenue Fund. | 55675 |
INMATE DEVELOPMENT PROGRAM | 55676 |
Of the foregoing appropriation item 503-321, Parole and | 55677 |
Community Operations, at least $30,000 in each fiscal year shall | 55678 |
be used for an inmate development program. | 55679 |
INSTITUTION RECOVERY SERVICES | 55680 |
Of the foregoing appropriation item 507-321, Institution | 55681 |
Recovery Services, $50,000 in each fiscal year shall be used to | 55682 |
fund a demonstration project using innovative alcohol and | 55683 |
substance abuse treatment methods. | 55684 |
Section 95. RSC REHABILITATION SERVICES COMMISSION | 55685 |
General Revenue Fund | 55686 |
GRF | 415-100 | Personal Services | $ | 8,506,587 | $ | 8,949,644 | 55687 | ||||
GRF | 415-401 | Personal Care Assistance | $ | 943,374 | $ | 943,374 | 55688 | ||||
GRF | 415-402 | Independent Living Council | $ | 398,582 | $ | 398,582 | 55689 | ||||
GRF | 415-403 | Mental Health Services | $ | 754,473 | $ | 754,473 | 55690 | ||||
GRF | 415-404 | MR/DD Services | $ | 1,326,302 | $ | 1,326,301 | 55691 | ||||
GRF | 415-405 | Vocational Rehabilitation/Job and Family Services | $ | 564,799 | $ | 564,799 | 55692 | ||||
GRF | 415-406 | Assistive Technology | $ | 50,000 | $ | 50,000 | 55693 | ||||
GRF | 415-431 | Office for People with Brain Injury | $ | 246,856 | $ | 247,746 | 55694 | ||||
GRF | 415-506 | Services for People with Disabilities | $ | 11,785,245 | $ | 12,082,297 | 55695 | ||||
GRF | 415-508 | Services for the Deaf | $ | 145,040 | $ | 145,040 | 55696 | ||||
GRF | 415-509 | Services for the Elderly | $ | 378,043 | $ | 378,044 | 55697 | ||||
GRF | 415-520 | Independent Living Services | $ | 61,078 | $ | 61,078 | 55698 | ||||
TOTAL GRF General Revenue Fund | $ | 25,160,379 | $ | 25,901,378 | 55699 |
General Services Fund Group | 55700 |
4W5 | 415-606 | Administrative Expenses | $ | 18,775,759 | $ | 19,649,829 | 55701 | ||||
467 | 415-609 | Business Enterprise Operating Expenses | $ | 1,585,602 | $ | 1,493,586 | 55702 | ||||
TOTAL GSF General Services | 55703 | ||||||||||
Fund Group | $ | 20,361,361 | $ | 21,143,415 | 55704 |
Federal Special Revenue Fund Group | 55705 |
3L1 | 415-601 | Social Security Personal Care Assistance | $ | 3,044,146 | $ | 3,044,146 | 55706 | ||||
3L1 | 415-605 | Social Security Community Centers for the Deaf | $ | 1,100,488 | $ | 1,100,488 | 55707 | ||||
3L1 | 415-607 | Social Security Administration Cost | $ | 163,596 | $ | 171,085 | 55708 | ||||
3L1 | 415-608 | Social Security Special Programs/Assistance | $ | 16,949,140 | $ | 7,309,984 | 55709 | ||||
3L1 | 415-610 | Social Security Vocational Rehabilitation | $ | 1,338,324 | $ | 1,338,324 | 55710 | ||||
3L4 | 415-612 | Federal-Independent Living Centers or Services | $ | 681,726 | $ | 681,726 | 55711 | ||||
3L4 | 415-615 | Federal - Supported Employment | $ | 1,753,738 | $ | 1,753,738 | 55712 | ||||
3L4 | 415-617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,033,853 | $ | 1,035,196 | 55713 | ||||
317 | 415-620 | Disability Determination | $ | 68,752,767 | $ | 71,452,334 | 55714 | ||||
379 | 415-616 | Federal-Vocational Rehabilitation | $ | 107,747,928 | $ | 110,980,366 | 55715 | ||||
TOTAL FED Federal Special | 55716 | ||||||||||
Revenue Fund Group | $ | 202,565,706 | $ | 198,867,387 | 55717 |
State Special Revenue Fund Group | 55718 |
4L1 | 415-619 | Services for Rehabilitation | $ | 5,698,621 | $ | 5,260,262 | 55719 | ||||
468 | 415-618 | Third Party Funding | $ | 1,231,465 | $ | 892,991 | 55720 | ||||
TOTAL SSR State Special | 55721 | ||||||||||
Revenue Fund Group | $ | 6,930,086 | $ | 6,153,253 | 55722 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 255,017,532 | $ | 252,065,433 | 55723 |
STAND CONCESSIONS FUND - CREDITING OF INCOME | 55724 |
In crediting interest and other income earned on moneys | 55725 |
deposited in the Stand Concessions Fund (Fund 467), the Treasurer | 55726 |
of State and Director of Budget and Management shall ensure that | 55727 |
the requirements of section 3304.35 of the Revised Code are met. | 55728 |
PERSONAL CARE ASSISTANCE | 55729 |
The foregoing appropriation item 415-401, Personal Care | 55730 |
Assistance, shall be used in addition to Social Security | 55731 |
reimbursement funds to provide personal care assistance services. | 55732 |
These funds shall not be used in lieu of Social Security | 55733 |
reimbursement funds. | 55734 |
MR/DD SERVICES | 55735 |
The foregoing appropriation item 415-404, MR/DD Services, | 55736 |
shall be used as state matching funds to provide vocational | 55737 |
rehabilitation services to mutually eligible clients between the | 55738 |
Rehabilitation Services Commission and the Department of Mental | 55739 |
Retardation and Developmental Disabilities. The Rehabilitation | 55740 |
Services Commission shall report to the Department of Mental | 55741 |
Retardation and Developmental Disabilities, as outlined in an | 55742 |
interagency agreement, on the number and status of mutually | 55743 |
eligible clients and the status of the funds and expenditures for | 55744 |
these clients. | 55745 |
VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES | 55746 |
The foregoing appropriation item 415-405, Vocational | 55747 |
Rehabilitation/Job and Family Services, shall be used as state | 55748 |
matching funds to provide vocational rehabilitation services to | 55749 |
mutually eligible clients between the Rehabilitation Services | 55750 |
Commission and the Department of Job and Family Services. The | 55751 |
Rehabilitation Services Commission shall report to the Department | 55752 |
of Job and Family Services, as outlined in an interagency | 55753 |
agreement, on the number and status of mutually eligible clients | 55754 |
and the status of the funds and expenditures for these clients. | 55755 |
ASSISTIVE TECHNOLOGY | 55756 |
The foregoing appropriation item 415-406, Assistive | 55757 |
Technology, shall be provided to Assistive Technology of Ohio and | 55758 |
shall be used only to provide grants under that program. No | 55759 |
amount of the appropriation may be used for administrative costs. | 55760 |
OFFICE FOR PEOPLE WITH BRAIN INJURY | 55761 |
Of the foregoing appropriation item 415-431, Office for | 55762 |
People with Brain Injury, $100,000 in each fiscal year shall be | 55763 |
used for the state match for a federal grant awarded through the | 55764 |
Traumatic Brain Injury Act, Pub. L. No. 104-166, and $50,000 in | 55765 |
fiscal year 2002 and $50,000 in fiscal year 2003 shall be provided | 55766 |
to the Brain Injury Trust Fund. The remaining appropriation in | 55767 |
this item shall be used to plan and coordinate head-injury-related | 55768 |
services provided by state agencies and other government or | 55769 |
private entities, to assess the needs for such services, and to | 55770 |
set priorities in this area. | 55771 |
SERVICES FOR PEOPLE WITH DISABILITIES | 55772 |
On verification of the receipt of revenue in Fund 3W2, Title | 55773 |
XX Vocational Rehabilitation, the Director of Budget and | 55774 |
Management shall transfer those funds to the General Revenue Fund. | 55775 |
The transferred funds are appropriated to appropriation item | 55776 |
415-506, Services for People with Disabilities. The foregoing | 55777 |
appropriation item 415-506, Services for People with Disabilities, | 55778 |
includes transferred funds of $600,000 in fiscal year 2002 and | 55779 |
$897,052 in fiscal year 2003. | 55780 |
SERVICES FOR THE DEAF | 55781 |
The foregoing appropriation item 415-508, Services for the | 55782 |
Deaf, shall be used to supplement Social Security reimbursement | 55783 |
funds used to provide grants to community centers for the deaf. | 55784 |
These funds shall not be used in lieu of Social Security | 55785 |
reimbursement funds. | 55786 |
SERVICES FOR THE ELDERLY | 55787 |
The foregoing appropriation item 415-509, Services for the | 55788 |
Elderly, shall be used as matching funds for vocational | 55789 |
rehabilitation services for eligible elderly citizens with a | 55790 |
disability. | 55791 |
SOCIAL SECURITY REIMBURSEMENT FUNDS | 55792 |
Reimbursement funds received from the Social Security | 55793 |
Administration, United States Department of Health and Human | 55794 |
Services, for the costs of providing services and training to | 55795 |
return disability recipients to gainful employment, shall be used | 55796 |
in the Social Security Reimbursement Fund (Fund 3L1), as follows: | 55797 |
(A) Appropriation item 415-601, Social Security Personal | 55798 |
Care Assistance, to provide personal care services in accordance | 55799 |
with section 3304.41 of the Revised Code; | 55800 |
(B) Appropriation item 415-605, Social Security Community | 55801 |
Centers for the Deaf, to provide grants to community centers for | 55802 |
the deaf in Ohio for services to individuals with hearing | 55803 |
impairments; | 55804 |
(C) Appropriation item 415-607, Social Security | 55805 |
Administration Cost, to provide administrative services needed to | 55806 |
administer the Social Security reimbursement program; | 55807 |
(D) Appropriation item 415-608, Social Security Special | 55808 |
Programs/Assistance, to provide vocational rehabilitation services | 55809 |
to individuals with severe disabilities, who are Social Security | 55810 |
beneficiaries, to achieve competitive employment. This item also | 55811 |
includes funds to assist the Personal Care Assistance, Community | 55812 |
Centers for the Deaf, and Independent Living Programs to pay their | 55813 |
share of indirect costs as mandated by federal OMB Circular A-87. | 55814 |
(E) Appropriation item 415-610, Social Security Vocational | 55815 |
Rehabilitation, to provide vocational rehabilitation services to | 55816 |
individuals with severe disabilities to achieve a noncompetitive | 55817 |
employment goal such as homemaker. | 55818 |
ADMINISTRATIVE EXPENSES | 55819 |
The foregoing appropriation item 415-606, Administrative | 55820 |
Expenses, shall be used to support the administrative functions of | 55821 |
the commission related to the provision of vocational | 55822 |
rehabilitation, disability determination services, and ancillary | 55823 |
programs. | 55824 |
INDEPENDENT LIVING COUNCIL | 55825 |
The foregoing appropriation items 415-402, Independent Living | 55826 |
Council, shall be used to fund the operations of the State | 55827 |
Independent Living Council. | 55828 |
MENTAL HEALTH SERVICES | 55829 |
The foregoing appropriation item 415-403, Mental Health | 55830 |
Services, shall be used for the provision of vocational | 55831 |
rehabilitation services to mutually eligible consumers of the | 55832 |
Rehabilitation Services Commission and the Department of Mental | 55833 |
Health. | 55834 |
The Department of Mental Health shall receive a quarterly | 55835 |
report from the Rehabilitation Services Commission stating the | 55836 |
numbers served, numbers placed in employment, average hourly wage, | 55837 |
and average hours worked. | 55838 |
INDEPENDENT LIVING SERVICES | 55839 |
The foregoing appropriation items 415-520, Independent Living | 55840 |
Services, and 415-612, Federal-Independent Living Centers or | 55841 |
Services, shall be used to support state independent living | 55842 |
centers or independent living services pursuant to Title VII of | 55843 |
the Independent Living Services and Centers for Independent Living | 55844 |
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 | 55845 |
U.S.C. 796d. | 55846 |
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 55847 |
The foregoing appropriation item 415-617, Independent | 55848 |
Living/Vocational Rehabilitation Programs, shall be used to | 55849 |
support vocational rehabilitation programs, including, but not | 55850 |
limited to, Projects with Industry and Training Grants. | 55851 |
Section 96. RCB RESPIRATORY CARE BOARD | 55852 |
General Services Fund Group | 55853 |
4K9 | 872-609 | Operating Expenses | $ | 287,191 | $ | 305,030 | 55854 | ||||
TOTAL GSF General Services | 55855 | ||||||||||
Fund Group | $ | 287,191 | $ | 305,030 | 55856 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 287,191 | $ | 305,030 | 55857 |
Section 97. REVENUE DISTRIBUTION FUNDS | 55859 |
Volunteer Firefighters' Dependents Fund | 55860 |
085 | 800-900 | Volunteer Firefighters' Dependents Fund | $ | 200,000 | $ | 200,000 | 55861 | ||||
TOTAL 085 Volunteer Firefighters' | 55862 | ||||||||||
Dependents Fund | $ | 200,000 | $ | 200,000 | 55863 | ||||||
Agency Fund Group | 55864 | ||||||||||
062 | 110-900 | Resort Area Excise Tax | $ | 500,000 | $ | 500,000 | 55865 | ||||
063 | 110-900 | Permissive Tax Distribution | $ | 1,398,200,000 | $ | 1,447,100,000 | 55866 | ||||
067 | 110-900 | School District Income Tax Fund | $ | 156,800,000 | $ | 166,200,000 | 55867 | ||||
4P8 | 001-698 | Cash Management Improvement Fund | $ | 2,000,000 | $ | 2,000,000 | 55868 | ||||
608 | 001-699 | Investment Earnings | $ | 406,700,000 | $ | 398,300,000 | 55869 | ||||
TOTAL AGY Agency Fund Group | $ | 1,964,200,000 | $ | 2,014,100,000 | 55870 |
Holding Account Redistribution | 55871 |
R45 | 110-617 | International Fuel Tax Distribution | $ | 40,000,000 | $ | 41,000,000 | 55872 | ||||
TOTAL R45 Holding Account Redistribution Fund | $ | 40,000,000 | $ | 41,000,000 | 55873 | ||||||
Revenue Distribution Fund Group | 55874 | ||||||||||
049 | 038-900 | Indigent Drivers Alcohol Treatment | $ | 2,100,000 | $ | 2,300,000 | 55875 | ||||
050 | 762-900 | International Registration Plan Distribution | $ | 58,000,000 | $ | 65,000,000 | 55876 | ||||
051 | 762-901 | Auto Registration Distribution | $ | 490,000,000 | $ | 515,000,000 | 55877 | ||||
054 | 110-900 | Local Government Property Tax Replacement | $ | 43,700,000 | $ | 88,800,000 | 55878 | ||||
060 | 110-900 | Gasoline Excise Tax Fund | $ | 116,027,000 | $ | 118,348,000 | 55879 | ||||
064 | 110-900 | Local Government Revenue Assistance | $ | 100,600,000 | $ | 100,900,000 | 55880 | ||||
065 | 110-900 | Library/Local Government Support Fund | $ | 506,700,000 | $ | 508,100,000 | 55881 | ||||
066 | 800-900 | Undivided Liquor Permit Fund | $ | 13,500,000 | $ | 13,750,000 | 55882 | ||||
068 | 110-900 | State/Local Government Highway Distribution Fund | $ | 233,750,000 | $ | 238,893,000 | 55883 | ||||
069 | 110-900 | Local Government Fund | $ | 718,700,000 | $ | 720,400,000 | 55884 | ||||
082 | 110-900 | Horse Racing Tax | $ | 200,000 | $ | 200,000 | 55885 | ||||
083 | 700-900 | Ohio Fairs Fund | $ | 3,000,000 | $ | 3,000,000 | 55886 | ||||
TOTAL RDF Revenue Distribution | 55887 | ||||||||||
Fund Group | $ | 2,286,277,000 | $ | 2,374,691,000 | 55888 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 4,290,677,000 | $ | 4,429,991,000 | 55889 |
ADDITIONAL APPROPRIATIONS | 55890 |
Appropriation items in this section are to be used for the | 55891 |
purpose of administering and distributing the designated revenue | 55892 |
distributions fund according to the Revised Code. If it is | 55893 |
determined that additional appropriations are necessary, such | 55894 |
amounts are appropriated. | 55895 |
Section 98. SAN BOARD OF SANITARIAN REGISTRATION | 55896 |
General Services Fund Group | 55897 |
4K9 | 893-609 | Operating Expenses | $ | 109,512 | $ | 115,074 | 55898 | ||||
TOTAL GSF General Services | 55899 | ||||||||||
Fund Group | $ | 109,512 | $ | 115,074 | 55900 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 109,512 | $ | 115,074 | 55901 |
Section 99. OSB OHIO STATE SCHOOL FOR THE BLIND | 55903 |
General Revenue Fund | 55904 |
GRF | 226-100 | Personal Services | $ | 5,880,065 | $ | 6,157,563 | 55905 | ||||
GRF | 226-200 | Maintenance | $ | 700,437 | $ | 717,948 | 55906 | ||||
GRF | 226-300 | Equipment | $ | 139,288 | $ | 142,770 | 55907 | ||||
TOTAL GRF General Revenue Fund | $ | 6,719,790 | $ | 7,018,281 | 55908 |
General Services Fund Group | 55909 |
4H8 | 226-602 | Education Reform Grants | $ | 30,652 | $ | 31,476 | 55910 | ||||
TOTAL GSF General Services | 55911 | ||||||||||
Fund Group | $ | 30,652 | $ | 31,476 | 55912 |
State Special Revenue Fund Group | 55913 |
4M5 | 226-601 | Work Study & Technology Investments | $ | 41,854 | $ | 42,919 | 55914 | ||||
TOTAL SSR State Special Revenue | 55915 | ||||||||||
Fund Group | $ | 41,854 | $ | 42,919 | 55916 |
Federal Special Revenue Fund Group | 55917 |
3P5 | 226-643 | Medicaid Professional Services Reimbursement | $ | 125,000 | $ | 125,000 | 55918 | ||||
310 | 226-626 | Coordinating Unit | $ | 1,274,274 | $ | 1,278,475 | 55919 | ||||
TOTAL FED Federal Special | 55920 | ||||||||||
Revenue Fund Group | $ | 1,399,274 | $ | 1,403,475 | 55921 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 8,191,570 | $ | 8,496,151 | 55922 |
Section 100. OSD OHIO STATE SCHOOL FOR THE DEAF | 55924 |
General Revenue Fund | 55925 |
GRF | 221-100 | Personal Services | $ | 7,662,763 | $ | 8,022,913 | 55926 | ||||
GRF | 221-200 | Maintenance | $ | 998,197 | $ | 1,018,160 | 55927 | ||||
GRF | 221-300 | Equipment | $ | 270,867 | $ | 276,284 | 55928 | ||||
TOTAL GRF General Revenue Fund | $ | 8,931,827 | $ | 9,317,357 | 55929 |
General Services Fund Group | 55930 |
4M1 | 221-602 | Education Reform Grants | $ | 68,107 | $ | 70,701 | 55931 | ||||
TOTAL GSF General Services | 55932 | ||||||||||
Fund Group | $ | 68,107 | $ | 70,701 | 55933 |
State Special Revenue Fund Group | 55934 |
4M0 | 221-601 | Educational Program | $ | 35,320 | $ | 33,188 | 55935 | ||||
Expenses | 55936 | ||||||||||
5H6 | 221-609 | Even Start Fees & Gifts | $ | 157,723 | $ | 122,989 | 55937 | ||||
TOTAL SSR State Special Revenue | 55938 | ||||||||||
Fund Group | $ | 193,043 | $ | 156,177 | 55939 |
Federal Special Revenue Fund Group | 55940 |
3R0 | 221-684 | Medicaid Professional | $ | 90,464 | $ | 111,377 | 55941 | ||||
Services Reimbursement | 55942 | ||||||||||
3U4 | 221-603 | Even Start | $ | 125,000 | $ | 104,625 | 55943 | ||||
311 | 221-625 | Coordinating Unit | $ | 910,000 | $ | 933,400 | 55944 | ||||
TOTAL FED Federal Special | 55945 | ||||||||||
Revenue Fund Group | $ | 1,125,464 | $ | 1,149,402 | 55946 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 10,318,441 | $ | 10,693,637 | 55947 |
Section 101. SFC SCHOOL FACILITIES COMMISSION | 55949 |
General Revenue Fund | 55950 |
GRF | 230-428 | Lease Rental Payments | $ | 41,645,300 | $ | 37,654,300 | 55951 | ||||
GRF | 230-908 | Common Schools General Obligation Debt Service | $ | 36,418,800 | $ | 55,336,300 | 55952 | ||||
TOTAL GRF General Revenue Fund | $ | 78,064,100 | $ | 92,990,600 | 55953 |
State Special Revenue Fund Group | 55954 |
5E3 | 230-644 | Operating Expenses | $ | 6,096,521 | $ | 6,409,766 | 55955 | ||||
TOTAL SSR State Special Revenue | 55956 | ||||||||||
Fund Group | $ | 6,096,521 | $ | 6,409,766 | 55957 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 84,160,621 | $ | 99,400,366 | 55958 |
Section 101.01. LEASE RENTAL PAYMENTS | 55960 |
The foregoing appropriation item 230-428, Lease Rental | 55961 |
Payments, shall be used to meet all payments at the times they are | 55962 |
required to be made during the period from July 1, 2001, to June | 55963 |
30, 2003, by the School Facilities Commission pursuant to leases | 55964 |
and agreements made under section 3318.26 of the Revised Code, but | 55965 |
limited to the aggregate amount of $79,299,600. Nothing in this | 55966 |
act shall be deemed to contravene the obligation of the state to | 55967 |
pay, without necessity for further appropriation, from the sources | 55968 |
pledged thereto, the bond service charges on obligations issued | 55969 |
pursuant to Chapter 3318. of the Revised Code. | 55970 |
COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE | 55971 |
The foregoing appropriation item 230-908, Common Schools | 55972 |
General Obligation Debt Service, shall be used to pay all debt | 55973 |
service and financing costs at the times they are required to be | 55974 |
made pursuant to sections 151.01 and 151.03 of the Revised Code | 55975 |
during the period from July 1, 2001, to June 30, 2003. The Office | 55976 |
of the Sinking Fund or the Director of Budget and Management shall | 55977 |
effectuate the required payments by an intrastate transfer | 55978 |
voucher. | 55979 |
OPERATING EXPENSES | 55980 |
The foregoing appropriation item 230-644, Operating Expenses, | 55981 |
shall be used by the Ohio School Facilities Commission to carry | 55982 |
out its responsibilities pursuant to this section and Chapter | 55983 |
3318. of the Revised Code. | 55984 |
Within ten days after the effective date of this section, or | 55985 |
as soon as possible thereafter, the Executive Director of the Ohio | 55986 |
School Facilities Commission shall certify to the Director of | 55987 |
Budget and Management the amount of cash to be transferred from | 55988 |
the School Building Assistance Fund (Fund 032) or the Public | 55989 |
School Building Fund (Fund 021) to the Ohio School Facilities | 55990 |
Commission Fund (Fund 5E3). | 55991 |
By July 10, 2002, the Executive Director of the Ohio School | 55992 |
Facilities Commission shall certify to the Director of Budget and | 55993 |
Management the amount of cash to be transferred from the School | 55994 |
Building Assistance Fund (Fund 032) or the Public School Building | 55995 |
Fund (Fund 021) to the Ohio School Facilities Commission Fund | 55996 |
(Fund 5E3). | 55997 |
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 55998 |
At the request of the Executive Director of the Ohio School | 55999 |
Facilities Commission, the Director of Budget and Management may | 56000 |
cancel encumbrances for school district projects from a previous | 56001 |
biennium if the district has not raised its local share of project | 56002 |
costs within one year of receiving Controlling Board approval in | 56003 |
accordance with section 3318.05 of the Revised Code. The | 56004 |
Executive Director of the Ohio School Facilities Commission shall | 56005 |
certify the amounts of these canceled encumbrances to the Director | 56006 |
of Budget and Management on a quarterly basis. The amounts of the | 56007 |
canceled encumbrances are appropriated. | 56008 |
DISABILITY ACCESS PROJECTS | 56009 |
The unencumbered and unallotted balances as of June 30, 2001, | 56010 |
in appropriation item 230-649, Disability Access Project, are | 56011 |
hereby reappropriated. The unencumbered and unallotted balances | 56012 |
of the appropriation at the end of fiscal year 2002 are hereby | 56013 |
reappropriated in fiscal year 2003 to fund capital projects | 56014 |
pursuant to this section. | 56015 |
(A) As used in this section: | 56016 |
(1) "Percentile" means the percentile in which a school | 56017 |
district is ranked according to the fiscal year 1998 ranking of | 56018 |
school districts with regard to income and property wealth under | 56019 |
division (B) of section 3318.011 of the Revised Code. | 56020 |
(2) "School district" means a city, local, or exempted | 56021 |
village school district, but excluding a school district that is | 56022 |
one of the state's 21 urban school districts as defined in | 56023 |
division (O) of section 3317.02 of the Revised Code, as that | 56024 |
section existed prior to July 1, 1998. | 56025 |
(3) "Valuation per pupil" means a district's total taxable | 56026 |
value as defined in section 3317.02 of the Revised Code divided by | 56027 |
the district's ADM as defined in division (A) of section 3317.02 | 56028 |
of the Revised Code as that section existed prior to July 1, 1998. | 56029 |
(B) The School Facilities Commission shall adopt rules for | 56030 |
awarding grants to school districts with a valuation per pupil of | 56031 |
less than $200,000, to be used for construction, reconstruction, | 56032 |
or renovation projects in classroom facilities, the purpose of | 56033 |
which is to improve access to such facilities by physically | 56034 |
handicapped persons. The rules shall include application | 56035 |
procedures. No school district shall be awarded a grant under | 56036 |
this section in excess of $100,000. In addition, any school | 56037 |
district shall be required to pay a percentage of the cost of the | 56038 |
project or which the grant is being awarded equal to the | 56039 |
percentile in which the district is ranked. | 56040 |
(C) The School Facilities Commission is hereby authorized to | 56041 |
transfer a portion of appropriation item CAP-622, Public School | 56042 |
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd General | 56043 |
Assembly, to CAP-777, Disability Access Projects, to provide funds | 56044 |
to make payments resulting from the approval of applications for | 56045 |
disability access grants received prior to January 1, 1999. The | 56046 |
amounts transferred are appropriated. | 56047 |
Section 101.02. In fiscal year 2002, the Director of Budget | 56048 |
and Management shall deposit into the Community School Classroom | 56049 |
Facilities Loan Guarantee Fund, established under section 3318.52 | 56050 |
of the Revised Code, not less than ten million dollars from the | 56051 |
moneys that have been appropriated to the Ohio School Facilities | 56052 |
Commission for capital projects. The moneys so deposited shall be | 56053 |
used by the Commission to guarantee loans to community schools | 56054 |
under section 3318.50 of the Revised Code. | 56055 |
Section 102. NET OHIO SCHOOLNET COMMISSION | 56056 |
General Revenue Fund | 56057 |
GRF | 228-404 | Operating Expenses | $ | 7,255,189 | $ | 7,117,741 | 56058 | ||||
GRF | 228-406 | Technical and Instructional Professional Development | $ | 10,475,898 | $ | 10,172,630 | 56059 | ||||
GRF | 228-539 | Education Technology | $ | 6,161,096 | $ | 5,910,596 | 56060 | ||||
Total GRF General Revenue Fund | $ | 23,892,183 | $ | 23,200,967 | 56061 |
General Services Fund Group | 56062 |
5D4 | 228-640 | Conference/Special Purpose Expenses | $ | 510,700 | $ | 521,382 | 56063 | ||||
TOTAL GSF General Services | 56064 | ||||||||||
Fund Group | $ | 510,700 | $ | 521,382 | 56065 |
State Special Revenue Fund Group | 56066 |
4W9 | 228-630 | Ohio SchoolNet Telecommunity Fund | $ | 547,615 | $ | 447,615 | 56067 | ||||
4X1 | 228-634 | Distance Learning | $ | 2,930,000 | $ | 2,930,000 | 56068 | ||||
TOTAL SSR State Special Revenue | 56069 | ||||||||||
Fund Group | $ | 3,477,615 | $ | 3,377,615 | 56070 |
Federal Special Revenue Fund Group | 56071 |
3S3 | 228-655 | Technology Literacy Challenge | $ | 15,918,780 | $ | 15,918,780 | 56072 | ||||
TOTAL FED Federal Special Revenue | 56073 | ||||||||||
Fund Group | $ | 15,918,780 | $ | 15,918,780 | 56074 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 43,799,278 | $ | 43,018,744 | 56075 |
Section 102.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL | 56077 |
DEVELOPMENT | 56078 |
The foregoing appropriation item 228-406, Technical and | 56079 |
Instructional Professional Development, shall be used by the Ohio | 56080 |
SchoolNet Commission to make grants to qualifying schools, | 56081 |
including the State School for the Blind and the Ohio School for | 56082 |
the Deaf, for the provision of hardware, software, | 56083 |
telecommunications services, and staff development to support | 56084 |
educational uses of technology in the classroom. | 56085 |
The Ohio SchoolNet Commission shall consider the professional | 56086 |
development needs associated with the OhioReads Program when | 56087 |
making funding allocations and program decisions. | 56088 |
The Ohio Educational Telecommunications Network Commission, | 56089 |
with the advice of the Ohio SchoolNet Commission, shall make | 56090 |
grants totaling up to $1,400,000 in each year of the biennium for | 56091 |
research development and production of interactive instructional | 56092 |
programming series and teleconferences to support SchoolNet. Up | 56093 |
to $55,000 of this amount shall be used in each year of the | 56094 |
biennium to provide for the administration of these activities by | 56095 |
the Ohio Educational Telecommunications Network Commission. The | 56096 |
programming shall be targeted to the needs of the poorest 200 | 56097 |
school districts as determined by the district's adjusted | 56098 |
valuation per pupil as defined in section 3317.0213 of the Revised | 56099 |
Code. | 56100 |
Of the foregoing appropriation item 228-406, Technical and | 56101 |
Instructional Professional Development, $2,900,000 in each fiscal | 56102 |
year shall be distributed by the Ohio SchoolNet Commission to | 56103 |
low-wealth districts or consortia including low-wealth school | 56104 |
districts, as determined by the district's adjusted valuation per | 56105 |
pupil as defined in section 3317.0213 of the Revised Code, or the | 56106 |
State School for the Blind or the Ohio School for the Deaf. | 56107 |
The remaining appropriation allocated in appropriation item | 56108 |
228-406, Technical and Instructional Professional Development, | 56109 |
shall be used by the Ohio SchoolNet Commission for professional | 56110 |
development for teachers and administrators for the use of | 56111 |
educational technology. The commission shall make grants to | 56112 |
provide technical assistance and professional development on the | 56113 |
use of educational technology to school districts. | 56114 |
Eligible recipients of grants include regional training | 56115 |
centers, county offices of education, data collection sites, | 56116 |
instructional technology centers, institutions of higher | 56117 |
education, public television stations, special education resource | 56118 |
centers, area media centers, or other nonprofit educational | 56119 |
organizations. Services provided through these grants may include | 56120 |
use of private entities subcontracting through the grant | 56121 |
recipient. | 56122 |
Grants shall be made to entities on a contractual basis with | 56123 |
the Ohio SchoolNet Commission. Contracts shall include provisions | 56124 |
that demonstrate how services will benefit technology use in the | 56125 |
schools, and in particular will support SchoolNet efforts to | 56126 |
support technology in the schools. Contracts shall specify the | 56127 |
scope of assistance being offered and the potential number of | 56128 |
professionals who will be served. Contracting entities may be | 56129 |
awarded more than one grant at a time. | 56130 |
Grants shall be awarded in a manner consistent with the goals | 56131 |
of SchoolNet. Special emphasis in the award of grants shall be | 56132 |
placed on collaborative efforts among service providers. | 56133 |
Application for grants from this appropriation in | 56134 |
appropriation item 228-406, Technical and Instructional | 56135 |
Professional Development, shall be consistent with a school | 56136 |
district's technology plan that shall meet the minimum | 56137 |
specifications for school district technology plans as prescribed | 56138 |
by the Ohio SchoolNet Commission. Funds allocated through these | 56139 |
grants may be combined with funds received through other state or | 56140 |
federal grants for technology so long as the school district's | 56141 |
technology plan specifies the use of these funds. The commission | 56142 |
may combine the application for these grants with the SchoolNet | 56143 |
application process authorized in Am. Sub. H.B. 790 of the 120th | 56144 |
General Assembly. | 56145 |
EDUCATION TECHNOLOGY | 56146 |
The foregoing appropriation item 228-539, Education | 56147 |
Technology, shall be used to provide funding to suppliers of | 56148 |
information services to school districts for the provision of | 56149 |
hardware, software, and staff development in support of | 56150 |
educational uses of technology in the classroom as prescribed by | 56151 |
the State Plan for Technology pursuant to section 3301.07 of the | 56152 |
Revised Code, and to support assistive technology for children and | 56153 |
youth with disabilities. | 56154 |
Up to $5,200,000 in each fiscal year shall be used by the | 56155 |
Ohio SchoolNet Commission to contract with instructional | 56156 |
television, and $850,000 in fiscal year 2002, and $840,000 in | 56157 |
fiscal year 2003 shall be used by the commission to contract with | 56158 |
education media centers to provide Ohio schools with instructional | 56159 |
resources and services. | 56160 |
Resources may include, but not be limited to, the following: | 56161 |
pre-recorded video materials (including videotape, laser discs, | 56162 |
and CD-ROM discs); computer software for student use or student | 56163 |
access to electronic communication, databases, spreadsheet, and | 56164 |
word processing capability; live student courses or courses | 56165 |
delivered electronically; automated media systems; and | 56166 |
instructional and professional development materials for teachers. | 56167 |
The commission shall cooperate with education technology agencies | 56168 |
in the acquisition, development, and delivery of such educational | 56169 |
resources to ensure high-quality and educational soundness at the | 56170 |
lowest possible cost. Delivery of such resources may utilize a | 56171 |
variety of technologies, with preference given to a high-speed | 56172 |
integrated information network that can transport video, voice, | 56173 |
data, and graphics simultaneously. | 56174 |
Services shall include presentations and technical assistance | 56175 |
that will help students and teachers integrate educational | 56176 |
materials that support curriculum objectives, match specific | 56177 |
learning styles, and are appropriate for individual interests and | 56178 |
ability levels. | 56179 |
Such instructional resources and services shall be made | 56180 |
available for purchase by chartered nonpublic schools or by public | 56181 |
school districts for the benefit of pupils attending chartered | 56182 |
nonpublic schools. | 56183 |
DISTANCE LEARNING | 56184 |
Appropriation item 228-634, Distance Learning, shall be | 56185 |
distributed by the Ohio SchoolNet Commission on a grant basis to | 56186 |
eligible school districts to establish "distance learning" in the | 56187 |
school district. Per the agreement with Ameritech, school | 56188 |
districts are eligible for funds if they are within an Ameritech | 56189 |
service area. Funds to administer the program shall be expended | 56190 |
by the commission up to the amount specified in the agreement with | 56191 |
Ameritech. | 56192 |
Within 30 days after the effective date of this section, the | 56193 |
Director of Budget and Management shall transfer to fund 4X1 in | 56194 |
the State Special Revenue Fund Group any investment earnings from | 56195 |
moneys paid to the office or to the SchoolNet Commission by any | 56196 |
telephone company as part of a settlement agreement between the | 56197 |
company and the Public Utilities Commission in fiscal year 1995. | 56198 |
ELECTRICAL INFRASTRUCTURE | 56199 |
The unencumbered and unallotted balances of June 30, 2001, in | 56200 |
appropriation item 228-690, SchoolNet Electrical Infrastructure, | 56201 |
are reappropriated to fund projects pursuant to this section. The | 56202 |
foregoing appropriation item may be distributed by the Ohio | 56203 |
SchoolNet Commission for use by school districts to renovate | 56204 |
existing buildings with sufficient electrical service to safely | 56205 |
operate educational technology consistent with their SchoolNet and | 56206 |
SchoolNet Plus technology plans. The Executive Director of the | 56207 |
Ohio SchoolNet Commission shall review grant proposals from school | 56208 |
districts for the use of these funds. In evaluating grant | 56209 |
proposals, the executive director shall consider the ability and | 56210 |
commitment of school districts to contribute local public and | 56211 |
private resources to upgrade their electrical service and shall | 56212 |
give consideration to consortia of school districts that have | 56213 |
formed to optimize resources to upgrade electrical service. In no | 56214 |
case shall grant awards exceed $1,000,000 for a single school | 56215 |
district. Funding recommendations for this appropriation made by | 56216 |
the executive director are subject to the review of the Ohio | 56217 |
SchoolNet Commission. | 56218 |
Section 102.02. TOBACCO SETTLEMENT EDUCATION TECHNOLOGIES | 56219 |
TRUST FUND | 56220 |
All funds from the Tobacco Settlement Education Technologies | 56221 |
Trust Fund are hereby dedicated to the Ohio SchoolNet Commission. | 56222 |
Existing balances in the fund and additional revenue deposited | 56223 |
prior to June 30, 2003, are hereby appropriated to be used by the | 56224 |
SchoolNet Commission for grants to school districts and other | 56225 |
entities, and for the costs of administering these grants. Of | 56226 |
the total amount for grants, $1,841,655 in fiscal year 2002 and | 56227 |
$1,917,293 in fiscal year 2003 shall be used for the Ohio ONEnet | 56228 |
project, $865,950 in fiscal year 2002 and $909,247 in fiscal year | 56229 |
2003 shall be used for the INFOhio Network, $313,500 in fiscal | 56230 |
year 2002 and $298,750 in fiscal year 2003 shall be used for the | 56231 |
JASON Project, $1,000,000 in each fiscal year shall be used for | 56232 |
RISE Learning Solutions, and $200,000 in each fiscal year shall be | 56233 |
used for the Stark County School Teacher Technical Training | 56234 |
Center. The remaining amount for grants shall be made to school | 56235 |
districts. | 56236 |
The ONEnet Ohio Project is designed to link all public K-12 | 56237 |
classrooms to each other and the Internet, and to provide access | 56238 |
to voice, video, and data educational resources for students and | 56239 |
teachers. | 56240 |
The INFOhio Network is a network of library resources to | 56241 |
support the provision of electronic resources to all public | 56242 |
schools with preference given to elementary schools. Consideration | 56243 |
should be given to coordinating the allocation of these moneys | 56244 |
with the efforts of OhioLINK and the Ohio Public Information | 56245 |
Network. | 56246 |
The JASON Project shall provide funding for statewide access | 56247 |
and a 75% subsidy for statewide licensing of JASON content for | 56248 |
90,000 middle school students statewide, and professional | 56249 |
development for teachers participating in the program. | 56250 |
It is the intent of the General Assembly that the SchoolNet | 56251 |
Commission, in conjunction with RISE Learning Solutions, shall | 56252 |
develop a program that may be conducted in conjunction with | 56253 |
state-supported technology programs including, but not limited to, | 56254 |
SchoolNet Commission appropriation item 228-406, Technical and | 56255 |
Instructional Professional Development, and appropriation item | 56256 |
228-539, Education Technology, designed to educate preschool staff | 56257 |
members and providers on developmentally appropriate teaching | 56258 |
methods, behavior guidance, and literacy and to involve parents | 56259 |
more closely in the education and development of their children. | 56260 |
The project shall include an interactive instructional program, | 56261 |
delivered using satellite television, Internet, and with | 56262 |
facilitation, which shall be distributed to program participants | 56263 |
using the established satellite receiver dishes on public schools, | 56264 |
Head Start centers, and childcare centers at up to 100 locations | 56265 |
throughout the state. The interactive instructional program shall | 56266 |
be developed to enhance the professional development, training, | 56267 |
and performance of preschool staff members; the education and | 56268 |
care-giving skills of the parents of preschool children; and the | 56269 |
preparation of preschool-aged children for learning. | 56270 |
The project shall utilize the grant to continue a | 56271 |
direct-service program that shall include at least three | 56272 |
teleconferences that may be distributed by Ohio-based public | 56273 |
television utilizing satellite or microwave technology in a manner | 56274 |
designed to promote interactive communications between the program | 56275 |
participants located at sub-sites within the Ohio Educational | 56276 |
Broadcast Network or as determined by the commission. Program | 56277 |
participants shall communicate with trainers and participants at | 56278 |
other program sites through telecommunications and facsimile and | 56279 |
on-line computer technology. As much as possible, the project | 56280 |
shall utilize systems currently available in state-supported | 56281 |
technology programs and conduct the program in a manner that | 56282 |
promotes innovative, interactive communications between program | 56283 |
participants at all the sites. Parent support groups and teacher | 56284 |
training sessions shall supplement the teleconferences and shall | 56285 |
occur on a local basis. | 56286 |
RISE Learning Solutions may subcontract components of the | 56287 |
project. | 56288 |
Individuals eligible to participate in the program include | 56289 |
those children, their parents, custodians, or guardians, and | 56290 |
preschool staff members who are eligible to participate in a | 56291 |
preschool program as defined in division (A) of section 3301.52 | 56292 |
and section 5104.02 of the Revised Code. | 56293 |
The programs, including two to be developed in support of | 56294 |
teacher proficiency in teaching reading to prekindergarten and | 56295 |
kindergarten to third grade students, at the direction of the | 56296 |
Department, may include: two three-hour broadcast seminars from a | 56297 |
central up-link station, distributed in up to 88 counties; high | 56298 |
production-value video sought in various locations; and direct | 56299 |
interactive adult learning activities. The program shall develop | 56300 |
program workbooks and involve at least three small | 56301 |
group-facilitated follow-up discussion workshops and development | 56302 |
and distribution of at least two home videos. The program shall | 56303 |
also provide Internet access, interactive lines, bulletin board, | 56304 |
and CD-ROM. | 56305 |
Upon completion of each of the school years for which the | 56306 |
grant was made, RISE Learning Solutions shall issue a report to | 56307 |
the commission and the members of the General Assembly explaining | 56308 |
the goals and objectives determined, the activities implemented, | 56309 |
the progress made toward the achievement of the goals and | 56310 |
objectives, and the outcome of the project. | 56311 |
Not later than August 30, 2001, after the approval of the | 56312 |
Director of Budget and Management, the SchoolNet Commission shall | 56313 |
submit a budget for the expected appropriations from the Tobacco | 56314 |
Settlement Education Technologies Trust Fund to the Controlling | 56315 |
Board. The SchoolNet Commission shall demonstrate to the | 56316 |
Controlling Board how the Commission's other funding provided by | 56317 |
this act works with these additional appropriations. | 56318 |
In the event that the funds in the Tobacco Settlement | 56319 |
Education Technologies Trust Fund are not sufficient to cover the | 56320 |
appropriations for the specific projects listed in this section, | 56321 |
spending on every project shall be reduced proportionately. | 56322 |
Section 102.03. There is hereby created the Ohio Schools | 56323 |
Technology Implementation Task Force. The Task Force shall | 56324 |
develop recommendations based upon the findings from the | 56325 |
Independent Review and Strategic Plan authorized to be completed | 56326 |
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of | 56327 |
the 123rd General Assembly, for a comprehensive framework for | 56328 |
coordinating the planning and implementation of technology in Ohio | 56329 |
schools. The Task Force shall examine and make long-term | 56330 |
recommendations for technology funding for Ohio's primary and | 56331 |
secondary schools as well as for the operational costs of the Ohio | 56332 |
SchoolNet Commission. | 56333 |
The Task Force shall be composed of six voting members, three | 56334 |
of whom shall be members of the Senate appointed by the President | 56335 |
of the Senate and three of whom shall be members of the House of | 56336 |
Representatives appointed by the Speaker of the House of | 56337 |
Representatives. Not more than two members from each house shall | 56338 |
be members of the same political party. From among these six | 56339 |
voting members, the President of the Senate and the Speaker of the | 56340 |
House of Representatives jointly shall appoint a chairperson of | 56341 |
the Task Force. The Task Force shall include as ex officio | 56342 |
nonvoting members the Superintendent of Public Instruction or the | 56343 |
Superintendent?s designee, the Director of Budget and Management | 56344 |
or the Director's designee, the Director of Administrative | 56345 |
Services or the Director's designee, the Executive Director of the | 56346 |
Ohio SchoolNet Commission or the Executive Director?s designee, a | 56347 |
representative designated by the head of the Ohio Education | 56348 |
Computer Network, a representative designated by the Chairperson | 56349 |
of the Public Utilities Commission of Ohio, a representative | 56350 |
appointed by the Chairperson of the Ohio Educational | 56351 |
Telecommunications Network Commission, a representative of Ohio?s | 56352 |
business community appointed by the President of the Senate, and a | 56353 |
representative from an educational service center appointed by the | 56354 |
Speaker of the House of Representatives. The voting members may, | 56355 |
by majority vote, elect to include any number of additional | 56356 |
nonvoting members. | 56357 |
The Legislative Service Commission shall provide any staffing | 56358 |
assistance requested by the Task Force. The Task Force shall | 56359 |
issue a report not later than December 1, 2002. Upon issuing its | 56360 |
report, the Task Force shall cease to exist. | 56361 |
Section 103. SOS SECRETARY OF STATE | 56362 |
General Revenue Fund | 56363 |
GRF | 050-321 | Operating Expenses | $ | 3,300,000 | $ | 3,300,000 | 56364 | ||||
GRF | 050-403 | Election Statistics | $ | 146,963 | $ | 154,882 | 56365 | ||||
GRF | 050-407 | Pollworkers Training | $ | 231,400 | $ | 327,600 | 56366 | ||||
GRF | 050-409 | Litigation Expenditures | $ | 26,210 | $ | 27,622 | 56367 | ||||
TOTAL GRF General Revenue Fund | $ | 3,704,573 | $ | 3,810,104 | 56368 |
General Services Fund Group | 56369 |
4S8 | 050-610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 56370 | ||||
412 | 050-607 | Notary Commission | $ | 166,284 | $ | 171,273 | 56371 | ||||
413 | 050-601 | Information Systems | $ | 153,300 | $ | 157,133 | 56372 | ||||
414 | 050-602 | Citizen Education Fund | $ | 80,000 | $ | 70,000 | 56373 | ||||
TOTAL General Services Fund Group | $ | 406,784 | $ | 405,606 | 56374 |
State Special Revenue Fund Group | 56375 |
5N9 | 050-607 | Technology Improvements | $ | 120,000 | $ | 121,000 | 56376 | ||||
599 | 050-603 | Business Services Operating Expenses | $ | 11,880,000 | $ | 11,979,000 | 56377 | ||||
TOTAL SSR State Special Revenue | 56378 | ||||||||||
Fund Group | $ | 12,000,000 | $ | 12,100,000 | 56379 |
Holding Account Redistribution Fund Group | 56380 |
R01 | 050-605 | Uniform Commercial Code Refunds | $ | 65,000 | $ | 65,000 | 56381 | ||||
R02 | 050-606 | Corporate/Business Filing Refunds | $ | 185,000 | $ | 185,000 | 56382 | ||||
TOTAL 090 Holding Account | 56383 | ||||||||||
Redistribution Fund Group | $ | 250,000 | $ | 250,000 | 56384 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 16,361,357 | $ | 16,565,710 | 56385 |
BOARD OF VOTING MACHINE EXAMINERS | 56386 |
The foregoing appropriation item 050-610, Board of Voting | 56387 |
Machine Examiners, shall be used to pay for the services and | 56388 |
expenses of the members of the Board of Voting Machine Examiners, | 56389 |
and for other expenses that are authorized to be paid from the | 56390 |
Board of Voting Machine Examiners Fund, which is created in | 56391 |
section 3506.05 of the Revised Code. Moneys not used shall be | 56392 |
returned to the person or entity submitting the equipment for | 56393 |
examination. If it is determined that additional appropriations | 56394 |
are necessary, such amounts are appropriated. | 56395 |
HOLDING ACCOUNT REDISTRIBUTION GROUP | 56396 |
The foregoing appropriation items 050-605 and 050-606, | 56397 |
Holding Account Redistribution Fund Group, shall be used to hold | 56398 |
revenues until they are directed to the appropriate accounts or | 56399 |
until they are refunded. If it is determined that additional | 56400 |
appropriations are necessary, such amounts are appropriated. | 56401 |
Section 104. SEN THE OHIO SENATE | 56402 |
General Revenue Fund | 56403 |
GRF | 020-321 | Operating Expenses | $ | 11,199,045 | $ | 11,199,045 | 56404 | ||||
TOTAL GRF General Revenue Fund | $ | 11,199,045 | $ | 11,199,045 | 56405 |
General Services Fund Group | 56406 |
102 | 020-602 | Senate Reimbursement | $ | 402,744 | $ | 402,744 | 56407 | ||||
409 | 020-601 | Miscellaneous Sales | $ | 30,980 | $ | 30,980 | 56408 | ||||
TOTAL GSF General Services | 56409 | ||||||||||
Fund Group | $ | 433,724 | $ | 433,724 | 56410 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 11,632,769 | $ | 11,632,769 | 56411 |
Section 105. CSF COMMISSIONERS OF THE SINKING FUND | 56413 |
Debt Service Fund Group | 56414 |
071 | 155-901 | Highway Obligations Bond Retirement Fund | $ | 49,614,300 | $ | 47,572,500 | 56415 | ||||
072 | 155-902 | Highway Capital Improvements Bond Retirement Fund | $ | 137,730,500 | $ | 152,120,700 | 56416 | ||||
073 | 155-903 | Natural Resources Bond Retirement | $ | 19,001,100 | $ | 22,101,900 | 56417 | ||||
076 | 155-906 | Coal Research and Development Bond Retirement Fund | $ | 8,971,700 | $ | 9,420,300 | 56418 | ||||
077 | 155-907 | State Capital Improvements Bond Retirement Fund | $ | 135,693,200 | $ | 146,210,200 | 56419 | ||||
078 | 155-908 | Common Schools Capital Facilities Bond Retirement Fund | $ | 36,418,800 | $ | 55,336,300 | 56420 | ||||
079 | 155-909 | Higher Education Capital Facilities Bond Retirement Fund | $ | 50,055,100 | $ | 74,344,100 | 56421 | ||||
TOTAL DSF Debt Service Fund Group | $ | 437,484,700 | $ | 507,106,000 | 56422 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 437,484,700 | $ | 507,106,000 | 56423 |
ADDITIONAL APPROPRIATIONS | 56424 |
Appropriation items in this section are for the purpose of | 56425 |
paying debt service and financing costs on bonds or notes of the | 56426 |
state issued pursuant to the Ohio Constitution and acts of the | 56427 |
General Assembly. If it is determined that additional | 56428 |
appropriations are necessary, such amounts are appropriated. | 56429 |
Section 106. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY | 56430 |
56431 |
General Services Fund Group | 56432 |
4K9 | 886-609 | Operating Expenses | $ | 352,727 | $ | 372,348 | 56433 | ||||
TOTAL GSF General Services | 56434 | ||||||||||
Fund Group | $ | 352,727 | $ | 372,348 | 56435 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 352,727 | $ | 372,348 | 56436 |
Section 107. BTA BOARD OF TAX APPEALS | 56438 |
General Revenue Fund | 56439 |
GRF | 116-321 | Operating Expenses | $ | 2,499,741 | $ | 2,569,734 | 56440 | ||||
TOTAL GRF General Revenue Fund | $ | 2,499,741 | $ | 2,569,734 | 56441 |
General Services Fund Group | 56442 |
439 | 116-602 | Reproduction of Decisions | $ | 7,500 | $ | 7,500 | 56443 | ||||
TOTAL GSF General Services | 56444 | ||||||||||
Fund Group | $ | 7,500 | $ | 7,500 | 56445 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,507,241 | $ | 2,577,234 | 56446 |
Section 108. TAX DEPARTMENT OF TAXATION | 56448 |
General Revenue Fund | 56449 |
GRF | 110-321 | Operating Expenses | $ | 87,611,076 | $ | 89,566,509 | 56450 | ||||
GRF | 110-412 | Child Support Administration | $ | 92,939 | $ | 90,006 | 56451 | ||||
GRF | 110-901 | Property Tax Allocation - Taxation | $ | 380,200,000 | $ | 399,300,000 | 56452 | ||||
GRF | 110-906 | Tangible Tax Exemption - Taxation | $ | 30,000,000 | $ | 30,900,000 | 56453 | ||||
TOTAL GRF General Revenue Fund | $ | 497,904,015 | $ | 519,856,515 | 56454 |
Agency Fund Group | 56455 |
425 | 110-635 | Tax Refunds | $ | 860,000,000 | $ | 875,000,000 | 56456 | ||||
TOTAL AGY Agency Fund Group | $ | 860,000,000 | $ | 875,000,000 | 56457 |
General Services Fund Group | 56458 |
433 | 110-602 | Tape File Account | $ | 92,082 | $ | 96,165 | 56459 | ||||
TOTAL GSF General Services | 56460 | ||||||||||
Fund Group | $ | 92,082 | $ | 96,165 | 56461 |
State Special Revenue Fund Group | 56462 |
4C6 | 110-616 | International Registration Plan | $ | 669,561 | $ | 706,855 | 56463 | ||||
4R6 | 110-610 | Tire Tax Administration | $ | 65,000 | $ | 65,000 | 56464 | ||||
435 | 110-607 | Local Tax Administration | $ | 29,517,404 | $ | 24,189,026 | 56465 | ||||
436 | 110-608 | Motor Vehicle Audit | $ | 1,687,249 | $ | 1,600,000 | 56466 | ||||
437 | 110-606 | Litter Tax and Natural Resource Tax Administration | $ | 594,726 | $ | 625,232 | 56467 | ||||
438 | 110-609 | School District Income Tax | $ | 2,873,446 | $ | 2,599,999 | 56468 | ||||
5N6 | 110-618 | Kilowatt Hour Tax Administration | $ | 85,000 | $ | 85,000 | 56469 | ||||
5N7 | 110-619 | Municipal Internet Site | $ | 10,000 | $ | 10,000 | 56470 | ||||
639 | 110-614 | Cigarette Tax Enforcement | $ | 161,168 | $ | 168,925 | 56471 | ||||
642 | 110-613 | Ohio Political Party Distributions | $ | 800,000 | $ | 800,000 | 56472 | ||||
688 | 110-615 | Local Excise Tax Administration | $ | 300,000 | $ | 300,000 | 56473 | ||||
TOTAL SSR State Special Revenue | 56474 | ||||||||||
Fund Group | $ | 36,763,554 | $ | 31,150,037 | 56475 |
Federal Special Revenue Fund Group | 56476 |
3J6 | 110-601 | Motor Fuel Compliance | $ | 33,000 | $ | 33,000 | 56477 | ||||
TOTAL FED Federal Special Revenue | 56478 | ||||||||||
Fund Group | $ | 33,000 | $ | 33,000 | 56479 |
Holding Account Redistribution Fund Group | 56480 |
R10 | 110-611 | Tax Distributions | $ | 2,000 | $ | 2,000 | 56481 | ||||
R11 | 110-612 | Miscellaneous Income Tax Receipts | $ | 5,000 | $ | 5,000 | 56482 | ||||
TOTAL 090 Holding Account | 56483 | ||||||||||
Redistribution Fund Group | $ | 7,000 | $ | 7,000 | 56484 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,394,799,651 | $ | 1,426,142,717 | 56485 |
LITTER CONTROL TAX ADMINISTRATION FUND | 56486 |
Notwithstanding section 5733.12 of the Revised Code, during | 56487 |
the period from July 1, 2001, to June 30, 2002, the amount of | 56488 |
$594,726, and during the period from July 1, 2002, to June 30, | 56489 |
2003, the amount of $625,232, received by the Treasurer of State | 56490 |
under Chapter 5733. of the Revised Code, shall be credited to the | 56491 |
Litter Control Tax Administration Fund (Fund 437). | 56492 |
INTERNATIONAL REGISTRATION PLAN AUDIT | 56493 |
The foregoing appropriation item 110-616, International | 56494 |
Registration Plan, shall be used pursuant to section 5703.12 of | 56495 |
the Revised Code for audits of persons with vehicles registered | 56496 |
under the International Registration Plan. | 56497 |
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 56498 |
EXEMPTION | 56499 |
The foregoing appropriation item 110-901, Property Tax | 56500 |
Allocation - Taxation, is appropriated to pay for the state's | 56501 |
costs incurred due to the Homestead Exemption, the Manufactured | 56502 |
Home Property Tax Rollback, and the Property Tax Rollback. The | 56503 |
Tax Commissioner shall distribute these funds directly to the | 56504 |
appropriate local taxing districts of the state, except for school | 56505 |
districts, notwithstanding the provisions in sections 321.24 and | 56506 |
323.156 of the Revised Code, which provide for payment of the | 56507 |
Homestead Exemption, the Manufactured Home Property Tax Rollback, | 56508 |
and Property Tax Rollback by the Tax Commissioner to the | 56509 |
appropriate county treasurer and the subsequent redistribution of | 56510 |
these funds to the appropriate local taxing districts by the | 56511 |
county auditor. | 56512 |
The foregoing appropriation item 110-906, Tangible Tax | 56513 |
Exemption - Taxation, is appropriated to pay for the state's costs | 56514 |
incurred due to the tangible personal property tax exemption | 56515 |
required by division (C)(3) of section 5709.01 of the Revised | 56516 |
Code. The Tax Commissioner shall distribute to each county | 56517 |
treasurer the total amount certified by the county treasurer | 56518 |
pursuant to section 319.311 of the Revised Code for all local | 56519 |
taxing districts located in the county except for school | 56520 |
districts, notwithstanding the provision in section 319.311 of the | 56521 |
Revised Code which provides for payment of the $10,000 tangible | 56522 |
personal property tax exemption by the Tax Commissioner to the | 56523 |
appropriate county treasurer for all local taxing districts | 56524 |
located in the county including school districts. Pursuant to | 56525 |
division (G) of section 321.24 of the Revised Code, the county | 56526 |
auditor shall distribute the amount paid by the Tax Commissioner | 56527 |
among the appropriate local taxing districts except for school | 56528 |
districts. | 56529 |
Upon receipt of these amounts, each local taxing district | 56530 |
shall distribute the amount among the proper funds as if it had | 56531 |
been paid as real or tangible personal property taxes. Payments | 56532 |
for the costs of administration shall continue to be paid to the | 56533 |
county treasurer and county auditor as provided for in sections | 56534 |
319.54, 321.26, and 323.156 of the Revised Code. | 56535 |
Any sums, in addition to the amounts specifically | 56536 |
appropriated in appropriation items 110-901, Property Tax | 56537 |
Allocation - Taxation, for the Homestead Exemption, the | 56538 |
Manufactured Home Property Tax Rollback, and the Property Tax | 56539 |
Rollback payments, and 110-906, Tangible Tax Exemption, for the | 56540 |
$10,000 tangible personal property tax exemption payments, which | 56541 |
are determined to be necessary for these purposes, are | 56542 |
appropriated. | 56543 |
TAX REFUNDS | 56544 |
The foregoing appropriation item 110-635, Tax Refunds, shall | 56545 |
be used to pay refunds as provided in section 5703.052 of the | 56546 |
Revised Code. If it is determined that additional appropriations | 56547 |
are necessary, such amounts are appropriated. | 56548 |
Section 109. DOT DEPARTMENT OF TRANSPORTATION | 56549 |
56550 |
General Revenue Fund | 56551 |
GRF | 775-451 | Public Transportation - State | $ | 24,000,000 | $ | 24,000,000 | 56552 | ||||
GRF | 775-453 | Waterfront Line Lease Payments - State | $ | 1,786,000 | $ | 0 | 56553 | ||||
GRF | 775-458 | Elderly and Disabled Fare Assistance | $ | 3,364,000 | $ | 3,364,000 | 56554 | ||||
GRF | 776-465 | Ohio Rail Development Commission | $ | 5,000,000 | $ | 5,000,000 | 56555 | ||||
GRF | 776-466 | Railroad Crossing and Grade Separation | $ | 1,000,000 | $ | 1,000,000 | 56556 | ||||
GRF | 777-471 | Airport Improvements - State | $ | 3,409,876 | $ | 3,000,576 | 56557 | ||||
GRF | 777-473 | Rickenbacker Lease Payments - State | $ | 600,000 | $ | 600,000 | 56558 | ||||
TOTAL GRF General Revenue Fund | $ | 39,159,876 | $ | 36,964,576 | 56559 |
Federal Special Revenue Fund Group | 56560 |
3B9 | 776-662 | Rail Transportation - Federal | $ | 600,000 | $ | 600,000 | 56561 | ||||
TOTAL FSR Federal Special Revenue | 56562 | ||||||||||
Fund Group | $ | 600,000 | $ | 600,000 | 56563 |
State Special Revenue Fund Group | 56564 |
4N4 | 776-663 | Panhandle Lease Reserve Payments | $ | 770,000 | $ | 770,000 | 56565 | ||||
4N4 | 776-664 | Rail Transportation - Other | $ | 850,720 | $ | 1,745,000 | 56566 | ||||
TOTAL SSR State Special Revenue | 56567 | ||||||||||
Fund Group | $ | 1,620,720 | $ | 2,515,000 | 56568 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 41,380,596 | $ | 40,079,576 | 56569 |
AVIATION LEASE PAYMENTS | 56570 |
The foregoing appropriation item 777-473, Rickenbacker Lease | 56571 |
Payments - State, shall be used to meet scheduled payments for the | 56572 |
Rickenbacker Port Authority. The Director of Transportation shall | 56573 |
certify to the Director of Budget and Management any | 56574 |
appropriations in appropriation item 777-473, Rickenbacker Lease | 56575 |
Payments - State, that are not needed to make lease payments for | 56576 |
the Rickenbacker Port Authority. Notwithstanding section 127.14 | 56577 |
of the Revised Code, the amount certified may be transferred by | 56578 |
the Director of Budget and Management to appropriation item | 56579 |
777-471, Airport Improvements - State. | 56580 |
TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION | 56581 |
The Director of Budget and Management may approve requests | 56582 |
from the Department of Transportation for the transfer of | 56583 |
appropriations between appropriation item 775-451, Public | 56584 |
Transportation - State, and appropriation item 775-458, Elderly | 56585 |
and Disabled Fare Assistance. Transfers between appropriation | 56586 |
items shall be made upon the written request of the Director of | 56587 |
Transportation and with the approval of the Director of Budget and | 56588 |
Management. Such transfers shall be reported to the Controlling | 56589 |
Board. | 56590 |
RAILROAD CROSSING AND GRADE SEPARATION | 56591 |
The foregoing appropriation item 776-466, Railroad Crossing | 56592 |
and Grade Separation, shall be used to fund the Rail Crossing | 56593 |
Safety Initiative, which will provide improvements to communities | 56594 |
most affected by rail traffic and related issues. | 56595 |
AIRPORT IMPROVEMENTS - STATE | 56596 |
Of the foregoing appropriation item 777-471, Airport | 56597 |
Improvements - State, $500,000 in fiscal year 2002 shall be used | 56598 |
for the Lorain County Airport. | 56599 |
Section 110. TOS TREASURER OF STATE | 56600 |
General Revenue Fund | 56601 |
GRF | 090-321 | Operating Expenses | $ | 10,510,560 | $ | 12,717,120 | 56602 | ||||
GRF | 090-401 | Office of the Sinking | $ | 596,736 | $ | 614,640 | 56603 | ||||
Fund | 56604 | ||||||||||
GRF | 090-402 | Continuing Education | $ | 460,150 | $ | 513,600 | 56605 | ||||
GRF | 090-524 | Police and Fire | $ | 43,000 | $ | 40,000 | 56606 | ||||
Disability Pension | 56607 | ||||||||||
GRF | 090-534 | Police & Fire Ad Hoc Cost | $ | 280,000 | $ | 260,000 | 56608 | ||||
of Living | 56609 | ||||||||||
GRF | 090-544 | Police and Fire State | $ | 1,200,000 | $ | 1,200,000 | 56610 | ||||
Contribution | 56611 | ||||||||||
GRF | 090-554 | Police and Fire Survivor | $ | 1,550,000 | $ | 1,500,000 | 56612 | ||||
Benefits | 56613 | ||||||||||
GRF | 090-575 | Police and Fire Death | $ | 23,000,000 | $ | 24,000,000 | 56614 | ||||
Benefits | 56615 | ||||||||||
TOTAL GRF General Revenue Fund | $ | 37,640,446 | $ | 40,845,360 | 56616 |
Agency Fund Group | 56617 |
425 | 090-635 | Tax Refunds | $ | 655,000,000 | $ | 675,000,000 | 56618 | ||||
TOTAL Agency Fund Group | $ | 655,000,000 | $ | 675,000,000 | 56619 |
General Services Fund Group | 56620 |
182 | 090-608 | Financial Planning | $ | 12,944 | $ | 13,682 | 56621 | ||||
Commissions | 56622 | ||||||||||
4E9 | 090-603 | Securities Lending Income | $ | 3,773,177 | $ | 970,000 | 56623 | ||||
4NO | 090-611 | Treasury Education | $ | 27,500 | $ | 27,500 | 56624 | ||||
577 | 090-605 | Investment Pool | $ | 662,000 | $ | 600,000 | 56625 | ||||
Reimbursement | 56626 | ||||||||||
605 | 090-609 | Treasurer of State | $ | 760,000 | $ | 1,270,000 | 56627 | ||||
Administrative Fund | 56628 | ||||||||||
TOTAL GSF General Services | 56629 | ||||||||||
Fund Group | $ | 5,235,621 | $ | 2,881,182 | 56630 |
State Special Revenue Fund Group | 56631 |
5C5 | 090-602 | County Treasurer Education | $ | 92,000 | $ | 88,000 | 56632 | ||||
TOTAL SSR State Special Revenue | 56633 | ||||||||||
Fund Group | $ | 92,000 | $ | 88,000 | 56634 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 697,968,067 | $ | 718,814,542 | 56635 |
Section 110.01. OFFICE OF THE SINKING FUND | 56637 |
The foregoing appropriation item 090-401, Office of the | 56638 |
Sinking Fund, shall be used for financing and other costs incurred | 56639 |
by or on behalf of the Commissioners of the Sinking Fund, the Ohio | 56640 |
Public Facilities Commission or its secretary, or the Treasurer of | 56641 |
State, with respect to State of Ohio general obligation bonds or | 56642 |
notes, including, but not limited to, printing, advertising, | 56643 |
delivery, rating fees and the procurement of ratings, professional | 56644 |
publications, membership in professional organizations, and | 56645 |
services referred to in division (D) of section 151.01 of the | 56646 |
Revised Code. The General Revenue Fund shall be reimbursed for | 56647 |
such costs by intrastate transfer voucher pursuant to a | 56648 |
certification by the Office of the Sinking Fund of the actual | 56649 |
amounts used. The amounts necessary to make such reimbursements | 56650 |
are appropriated from the general obligation bond retirement funds | 56651 |
created by the Constitution and laws to the extent such costs are | 56652 |
incurred. | 56653 |
Section 110.02. POLICE AND FIRE DEATH BENEFIT FUND | 56654 |
The foregoing appropriation item 090-575, Police and Fire | 56655 |
Death Benefits, shall be disbursed annually by the Treasurer of | 56656 |
State at the beginning of each fiscal year to the Board of | 56657 |
Trustees of the Ohio Police and Fire Pension Fund. By the | 56658 |
twentieth day of June of each year, the Board of Trustees of the | 56659 |
Ohio Police and Fire Pension Fund shall certify to the Treasurer | 56660 |
of State the amount disbursed in the current fiscal year to make | 56661 |
the payments required by section 742.63 of the Revised Code and | 56662 |
shall return to the Treasurer of State moneys received from this | 56663 |
item but not disbursed. | 56664 |
Section 111. UST PETROLEUM UNDERGROUND STORAGE TANK | 56665 |
56666 |
State Special Revenue Fund Group | 56667 |
691 | 810-632 | PUSTRCB Staff | $ | 1,011,437 | $ | 1,075,158 | 56668 | ||||
TOTAL SSR State Special Revenue | 56669 | ||||||||||
Fund Group | $ | 1,011,437 | $ | 1,075,158 | 56670 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,011,437 | $ | 1,075,158 | 56671 |
Section 112. TTA OHIO TUITION TRUST AUTHORITY | 56673 |
State Special Revenue Fund Group | 56674 |
645 | 095-601 | Operating Expenses | $ | 4,630,385 | $ | 4,734,800 | 56675 | ||||
TOTAL SSR State Special Revenue | 56676 | ||||||||||
Fund Group | $ | 4,630,385 | $ | 4,734,800 | 56677 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 4,630,385 | $ | 4,734,800 | 56678 |
Section 113. OVH OHIO VETERANS' HOME | 56680 |
General Revenue Fund | 56681 |
GRF | 430-100 | Personal Services | $ | 14,019,975 | $ | 14,954,831 | 56682 | ||||
GRF | 430-200 | Maintenance | $ | 5,099,666 | $ | 5,199,159 | 56683 | ||||
TOTAL GRF General Revenue Fund | $ | 19,119,641 | $ | 20,153,990 | 56684 |
Federal Special Revenue Fund Group | 56685 |
3L2 | 430-601 | Federal Grants | $ | 9,823,259 | $ | 10,059,342 | 56686 | ||||
TOTAL FED Federal Special Revenue | 56687 | ||||||||||
Fund Group | $ | 9,823,259 | $ | 10,059,342 | 56688 |
State Special Revenue Fund Group | 56689 |
4E2 | 430-602 | Veterans Home Operating | $ | 5,288,525 | $ | 5,583,806 | 56690 | ||||
484 | 430-603 | Rental and Service Revenue | $ | 457,060 | $ | 509,737 | 56691 | ||||
604 | 430-604 | Veterans Home Improvement | $ | 725,699 | $ | 670,096 | 56692 | ||||
TOTAL SSR State Special Revenue | 56693 | ||||||||||
Fund Group | $ | 6,471,284 | $ | 6,763,639 | 56694 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 35,414,184 | $ | 36,976,971 | 56695 |
Section 114. VET VETERANS' ORGANIZATIONS | 56697 |
General Revenue Fund | 56698 |
56699 |
GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 56700 |
56701 |
GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 56702 |
56703 |
GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 56704 |
56705 |
GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 56706 |
56707 |
GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 56708 |
56709 |
GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 56710 |
56711 |
GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 56712 |
56713 |
GRF | 752-501 | State Support | $ | 252,328 | $ | 252,328 | 56714 |
56715 |
GRF | 753-501 | State Support | $ | 237,919 | $ | 237,919 | 56716 |
56717 |
GRF | 754-501 | State Support | $ | 166,308 | $ | 166,308 | 56718 |
56719 |
GRF | 755-501 | State Support | $ | 4,226 | $ | 4,226 | 56720 |
56721 |
GRF | 756-501 | State Support | $ | 85,972 | $ | 85,972 | 56722 |
56723 |
GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 56724 |
56725 |
GRF | 758-501 | State Support | $ | 196,615 | $ | 196,615 | 56726 |
56727 |
GRF | 759-501 | State Support | $ | 24,780 | $ | 24,780 | 56728 | ||||
TOTAL GRF General Revenue Fund | $ | 1,433,625 | $ | 1,433,625 | 56729 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,433,625 | $ | 1,433,625 | 56730 |
RELEASE OF FUNDS | 56731 |
The foregoing appropriation items 743-501, 746-501, 747-501, | 56732 |
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 56733 |
755-501, 756-501, 757-501, 758-501, and 759-501, State Support, | 56734 |
shall be released upon approval by the Director of Budget and | 56735 |
Management. | 56736 |
AMERICAN EX-PRISONERS OF WAR | 56737 |
The American Ex-Prisoners of War shall be permitted to share | 56738 |
an office with the Veterans of World War I. | 56739 |
CENTRAL OHIO UNITED SERVICES ORGANIZATION | 56740 |
Of the foregoing appropriation item 751-501, State Support, | 56741 |
Vietnam Veterans of America, $50,000 in each fiscal year shall be | 56742 |
used to support the activities of the Central Ohio USO. | 56743 |
VETERANS SERVICE COMMISSION EDUCATION | 56744 |
Of the foregoing appropriation item 753-501, State Support, | 56745 |
Veterans of World War II-Korea-Vietnam, up to $20,000 in each | 56746 |
fiscal year may be used to provide moneys to the Association of | 56747 |
County Veterans Service Commissioners to reimburse its member | 56748 |
county veterans service commissions for costs incurred in carrying | 56749 |
out educational and outreach duties required under divisions (E) | 56750 |
and (F) of section 5901.03 of the Revised Code. Upon the | 56751 |
presentation of an itemized statement to the Office of Veterans | 56752 |
Affairs, the office shall direct the Auditor of State to issue a | 56753 |
warrant upon the state treasury to the association to reimburse | 56754 |
member commissions for reasonable and appropriate expenses | 56755 |
incurred performing these duties. The association shall establish | 56756 |
uniform procedures for reimbursing member commissions. | 56757 |
Section 115. DVM STATE VETERINARY MEDICAL BOARD | 56758 |
General Services Fund Group | 56759 |
4K9 | 888-609 | Operating Expenses | $ | 471,003 | $ | 496,731 | 56760 | ||||
TOTAL GSF General Services | 56761 | ||||||||||
Fund Group | $ | 471,003 | $ | 496,731 | 56762 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 471,003 | $ | 496,731 | 56763 |
Section 116. DYS DEPARTMENT OF YOUTH SERVICES | 56765 |
General Revenue Fund | 56766 |
GRF | 470-401 | RECLAIM Ohio | $ | 160,808,723 | $ | 164,415,944 | 56767 | ||||
GRF | 470-402 | Community Program Services | $ | 740,907 | $ | 839,490 | 56768 | ||||
GRF | 470-412 | Lease Rental Payments | $ | 17,376,700 | $ | 18,739,900 | 56769 | ||||
GRF | 470-502 | Detention Subsidies | $ | 6,163,213 | $ | 6,433,035 | 56770 | ||||
GRF | 470-510 | Youth Services | $ | 18,841,205 | $ | 21,307,671 | 56771 | ||||
GRF | 472-321 | Parole Operations | $ | 16,680,042 | $ | 17,246,018 | 56772 | ||||
GRF | 477-321 | Administrative Operations | $ | 14,814,953 | $ | 15,934,443 | 56773 | ||||
TOTAL GRF General Revenue Fund | $ | 235,425,743 | $ | 244,916,501 | 56774 |
General Services Fund Group | 56775 |
175 | 470-613 | Education Reimbursement | $ | 8,461,407 | $ | 8,817,598 | 56776 | ||||
4A2 | 470-602 | Child Support | $ | 450,000 | $ | 400,000 | 56777 | ||||
4G6 | 470-605 | General Operational Funds | $ | 10,000 | $ | 10,000 | 56778 | ||||
479 | 470-609 | Employee Food Service | $ | 143,349 | $ | 146,933 | 56779 | ||||
523 | 470-621 | Wellness Program | $ | 192,954 | $ | 197,778 | 56780 | ||||
TOTAL GSF General Services | 56781 | ||||||||||
Fund Group | $ | 9,257,710 | $ | 9,572,309 | 56782 |
Federal Special Revenue Fund Group | 56783 |
3V9 | 470-608 | Federal Juvenile Programs FFY 01 | $ | 7,828,899 | $ | 0 | 56784 | ||||
3W0 | 470-611 | Federal Juvenile Programs FFY 02 | $ | 0 | $ | 7,828,899 | 56785 | ||||
3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 5,159,202 | $ | 5,998,092 | 56786 | ||||
321 | 470-601 | Education | $ | 1,298,156 | $ | 1,334,122 | 56787 | ||||
321 | 470-603 | Juvenile Justice Prevention | $ | 2,973,733 | $ | 2,973,733 | 56788 | ||||
321 | 470-606 | Nutrition | $ | 2,800,000 | $ | 2,800,000 | 56789 | ||||
321 | 470-610 | Rehabilitation Programs | $ | 83,500 | $ | 83,500 | 56790 | ||||
321 | 470-614 | Title IV-E Reimbursements | $ | 5,700,000 | $ | 5,700,000 | 56791 | ||||
321 | 470-617 | Americorps Programs | $ | 407,860 | $ | 418,444 | 56792 | ||||
TOTAL FED Federal Special Revenue | 56793 | ||||||||||
Fund Group | $ | 26,251,350 | $ | 27,136,790 | 56794 |
State Special Revenue Fund Group | 56795 |
147 | 470-612 | Vocational Education | $ | 2,012,665 | $ | 2,090,392 | 56796 | ||||
4W3 | 470-618 | Help Me Grow | $ | 10,900 | $ | 11,587 | 56797 | ||||
5J7 | 470-623 | Residential Treatment Services | $ | 0 | $ | 500,000 | 56798 | ||||
TOTAL SSR State Special Revenue | 56799 | ||||||||||
Fund Group | $ | 2,023,565 | $ | 2,601,979 | 56800 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 272,958,368 | $ | 284,227,579 | 56801 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS | 56802 |
The foregoing appropriation item 470-412, Lease Rental | 56803 |
Payments, in the Department of Youth Services, shall be used for | 56804 |
payments, limited to the aggregate amount of $36,116,600, to the | 56805 |
Ohio Building Authority for the period from July 1, 2001, to June | 56806 |
30, 2003, pursuant to the primary leases and agreements for | 56807 |
facilities made under Chapter 152. of the Revised Code, which are | 56808 |
the source of funds pledged for bond service charges on related | 56809 |
obligations issued pursuant to Chapter 152. of the Revised Code. | 56810 |
RECLAIM OHIO | 56811 |
In determining the amount of moneys necessary to fund the | 56812 |
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal | 56813 |
years 2002 and 2003, the Department of Youth Services shall | 56814 |
compute the number of state target youth for each fiscal year. As | 56815 |
defined in section 5139.01 of the Revised Code, "state target | 56816 |
youth" means twenty-five per cent of the projected total number of | 56817 |
felony-level delinquency adjudications in the juvenile courts for | 56818 |
each year of a biennium, factoring in revocations and | 56819 |
recommitments. The foregoing appropriation item 470-401, RECLAIM | 56820 |
Ohio, shall provide for an amount not less than $98 per day for | 56821 |
each state target youth or not less than $20,000 per year for each | 56822 |
state target youth for each year of the biennium. | 56823 |
YOUTH SERVICES BLOCK GRANT | 56824 |
Of the foregoing appropriation item 470-510, Youth Services, | 56825 |
$50,000 in fiscal year 2002 shall be distributed directly to | 56826 |
Lighthouse Youth Services. | 56827 |
EMPLOYEE FOOD SERVICE AND EQUIPMENT | 56828 |
Notwithstanding section 125.14 of the Revised Code, the | 56829 |
foregoing appropriation item 470-609, Employee Food Service, may | 56830 |
be used to purchase any food operational items with funds received | 56831 |
into the fund from reimbursement for state surplus property. | 56832 |
EDUCATION REIMBURSEMENT | 56833 |
The foregoing appropriation item 470-613, Education | 56834 |
Reimbursement, shall be used to fund the operating expenses of | 56835 |
providing educational services to youth supervised by the | 56836 |
Department of Youth Services. Operating expenses include, but are | 56837 |
not limited to, teachers' salaries, maintenance costs, and | 56838 |
educational equipment. This appropriation item shall not be used | 56839 |
for capital expenses. | 56840 |
FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES | 56841 |
Pursuant to section 5139.281 of the Revised Code, funding | 56842 |
provided to a county for the operation and maintenance of each | 56843 |
home shall be in an amount of fifty per cent of the approved | 56844 |
annual operating cost, but shall not be in excess of $156,928 in | 56845 |
each fiscal year. | 56846 |
FEDERAL PROGRAM TRANSFER OF JUVENILE JUSTICE FROM THE OFFICE | 56847 |
OF CRIMINAL JUSTICE SERVICES | 56848 |
On July 1, 2001, responsibility for a federal juvenile | 56849 |
justice program is transferred from the Office of Criminal | 56850 |
Justice Services to the Department of Youth Services. The | 56851 |
Department of Youth Services thereupon and thereafter is successor | 56852 |
to, assumes the obligations of, and otherwise provides for the | 56853 |
continuation of a federal juvenile justice program. | 56854 |
Any business relating to a federal juvenile justice program | 56855 |
commenced but not completed by the Office of Criminal Justice | 56856 |
Services or its director prior to July 1, 2001, shall be | 56857 |
completed by the Department of Youth Services or its director in | 56858 |
the same manner, and with the same effect, as if completed by the | 56859 |
Office of Criminal Justice Services or its director. No | 56860 |
validation, cure, right, privilege, remedy, obligation, or | 56861 |
liability is lost or impaired by reason of the transfer. All of | 56862 |
the Office of Criminal Justice Services' rules, orders, and | 56863 |
determinations continue in effect as rules, orders, and | 56864 |
determinations of the Department of Youth Services, until modified | 56865 |
or rescinded by the Department of Youth Services. If necessary to | 56866 |
ensure the integrity of the numbering of the Administrative Code, | 56867 |
the Director of the Legislative Service Commission shall renumber | 56868 |
the Office of Criminal Justice Services' rules for a federal | 56869 |
juvenile justice program to reflect the transfer of the program to | 56870 |
the Department of Youth Services. | 56871 |
The employees of the Office of Criminal Justice Services | 56872 |
assigned to work with a federal juvenile justice program are | 56873 |
transferred to the Department of Youth Services and shall retain | 56874 |
their positions and all the benefits accruing thereto. | 56875 |
No action or proceeding pending on July 1, 2001, is affected | 56876 |
by the transfer, and any action or proceeding pending on July 1, | 56877 |
2001, shall be prosecuted or defended in the name of the | 56878 |
Department of Youth Services or its director. In all such actions | 56879 |
and proceedings, the Department of Youth Services or its director | 56880 |
upon application to the court shall be substituted as a party. | 56881 |
Section 117. EXPENDITURES AND APPROPRIATION INCREASES | 56882 |
APPROVED BY THE CONTROLLING BOARD | 56883 |
Any money that the Controlling Board approves for expenditure | 56884 |
or any increase in appropriation authority that the Controlling | 56885 |
Board approves pursuant to the provisions of sections 127.14, | 56886 |
131.35, and 131.39 of the Revised Code or any other provision of | 56887 |
law is appropriated for the period ending June 30, 2003. | 56888 |
Section 118. PERSONAL SERVICE EXPENSES | 56889 |
Unless otherwise prohibited by law, any appropriation from | 56890 |
which personal service expenses are paid shall bear the employer's | 56891 |
share of public employees' retirement, workers' compensation, | 56892 |
disabled workers' relief, and all group insurance programs; the | 56893 |
costs of centralized accounting, centralized payroll processing, | 56894 |
and related personnel reports and services; the cost of the Office | 56895 |
of Collective Bargaining; the cost of the Personnel Board of | 56896 |
Review; the cost of the Employee Assistance Program; the cost of | 56897 |
the Equal Opportunity Center; the costs of interagency information | 56898 |
management infrastructure; and the cost of administering the state | 56899 |
employee merit system as required by section 124.07 of the Revised | 56900 |
Code. These costs shall be determined in conformity with | 56901 |
appropriate sections of law and paid in accordance with procedures | 56902 |
specified by the Office of Budget and Management. Expenditures | 56903 |
from appropriation item 070-601, Public Audit Expense - Local | 56904 |
Government, in Fund 422 may be exempted from the requirements of | 56905 |
this section. | 56906 |
Section 119. REISSUANCE OF VOIDED WARRANTS | 56907 |
In order to provide funds for the reissuance of voided | 56908 |
warrants pursuant to section 117.47 of the Revised Code, there is | 56909 |
appropriated, out of moneys in the state treasury from the fund | 56910 |
credited as provided in section 117.47 of the Revised Code, that | 56911 |
amount sufficient to pay such warrants when approved by the Office | 56912 |
of Budget and Management. | 56913 |
Section 120. * CAPITAL PROJECT SETTLEMENTS | 56914 |
This section specifies an additional and supplemental | 56915 |
procedure to provide for payments of judgments and settlements if | 56916 |
the Director of Budget and Management determines, pursuant to | 56917 |
division (C)(4) of section 2743.19 of the Revised Code, that | 56918 |
sufficient unencumbered moneys do not exist in the particular | 56919 |
appropriation to pay the amount of a final judgment rendered | 56920 |
against the state or a state agency, including the settlement of a | 56921 |
claim approved by a court, in an action upon and arising out of a | 56922 |
contractual obligation for the construction or improvement of a | 56923 |
capital facility if the costs under the contract were payable in | 56924 |
whole or in part from a state capital projects appropriation. In | 56925 |
such a case, the director may either proceed pursuant to division | 56926 |
(C)(4) of section 2743.19 of the Revised Code, or apply to the | 56927 |
Controlling Board to increase an appropriation or create an | 56928 |
appropriation out of any unencumbered moneys in the state treasury | 56929 |
to the credit of the capital projects fund from which the initial | 56930 |
state appropriation was made. The Controlling Board may approve | 56931 |
or disapprove the application as submitted or modified. The | 56932 |
amount of an increase in appropriation or new appropriation | 56933 |
specified in an application approved by the Controlling Board is | 56934 |
hereby appropriated from the applicable capital projects fund and | 56935 |
made available for the payment of the judgment or settlement. | 56936 |
If the director does not make the application authorized by | 56937 |
this section or the Controlling Board disapproves the application, | 56938 |
and the director does not make application pursuant to division | 56939 |
(C)(4) of section 2743.19 of the Revised Code, the director shall | 56940 |
for the purpose of making that payment request to the General | 56941 |
Assembly as provided for in division (C)(5) of that section. | 56942 |
Section 121. INCOME TAX DISTRIBUTION TO COUNTIES | 56943 |
There are hereby appropriated out of any moneys in the state | 56944 |
treasury to the credit of the General Revenue Fund, which are not | 56945 |
otherwise appropriated, funds sufficient to make any payment | 56946 |
required by division (B)(2) of section 5747.03 of the Revised | 56947 |
Code. | 56948 |
Section 122. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 56949 |
AGAINST THE STATE | 56950 |
Any appropriation may be used for the purpose of satisfying | 56951 |
judgments or settlements in connection with civil actions against | 56952 |
the state in federal court not barred by sovereign immunity or the | 56953 |
Eleventh Amendment to the Constitution of the United States, or | 56954 |
for the purpose of satisfying judgments, settlements, or | 56955 |
administrative awards ordered or approved by the Court of Claims | 56956 |
in connection with civil actions against the state, pursuant to | 56957 |
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This | 56958 |
authorization does not apply to appropriations to be applied to or | 56959 |
used for payment of guarantees by or on behalf of the state, for | 56960 |
or relating to lease payments or debt service on bonds, notes, or | 56961 |
similar obligations and those from the Sports Facilities Building | 56962 |
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the | 56963 |
Administrative Building Fund (Fund 026), the Adult Correctional | 56964 |
Building Fund (Fund 027), the Juvenile Correctional Building Fund | 56965 |
(Fund 028), the Transportation Building Fund (Fund 029), the Arts | 56966 |
Facilities Building Fund (Fund 030), the Natural Resources | 56967 |
Projects Fund (Fund 031), the School Building Program Assistance | 56968 |
Fund (Fund 032), the Mental Health Facilities Improvement Fund | 56969 |
(Fund 033), the Higher Education Improvement Fund (Fund 034), the | 56970 |
Parks and Recreation Improvement Fund (Fund 035), the State | 56971 |
Capital Improvements Fund (Fund 038), the Highway Obligation Fund | 56972 |
(Fund 041), the Coal Research/Development Fund (Fund 046), and any | 56973 |
other fund into which proceeds of obligations are deposited. | 56974 |
Nothing contained in this section is intended to subject the state | 56975 |
to suit in any forum in which it is not otherwise subject to suit, | 56976 |
nor is it intended to waive or compromise any defense or right | 56977 |
available to the state in any suit against it. | 56978 |
Section 123. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 56979 |
The maximum amounts that may be assessed against nuclear | 56980 |
electric utilities in accordance with division (B)(2) of section | 56981 |
4937.05 of the Revised Code are as follows: | 56982 |
FY 2002 | FY 2003 | 56983 | |||||
Department of Agriculture | 56984 | ||||||
Fund 4E4 Utility Radiological Safety | $69,016 | $73,059 | 56985 | ||||
Department of Health | 56986 | ||||||
Fund 610 Radiation Emergency Response | $870,505 | $923,315 | 56987 | ||||
Environmental Protection Agency | 56988 | ||||||
Fund 644 ER Radiological Safety | $242,446 | $255,947 | 56989 | ||||
Emergency Management Agency | 56990 | ||||||
Fund 657 Utility Radiological Safety | $874,602 | $927,241 | 56991 |
Section 124. UNCLAIMED FUNDS TRANSER | 56992 |
Notwithstanding division (A) of section 169.05 of the Revised | 56993 |
Code, prior to June 30, 2003, upon the request of the Director of | 56994 |
Budget and Management, the Director of Commerce shall transfer to | 56995 |
the General Revenue Fund up to $30,000,000 of the unclaimed funds | 56996 |
that have been reported by the holder of unclaimed funds as | 56997 |
provided by section 169.05 of the Revised Code, irrespective of | 56998 |
the allocation of the unclaimed funds under that section. | 56999 |
Section 125. GRF TRANSER TO FUND 5N4, ERP PROJECT | 57000 |
IMPLEMENTATION | 57001 |
On July 1, 2001, or as soon thereafter as possible, the | 57002 |
Director of Budget and Management shall transfer $2,432,110 in | 57003 |
cash from the General Revenue Fund to Fund 5N4, ERP Project | 57004 |
Implementation. On July 1, 2002, or as soon thereafter as | 57005 |
possible, the Director of Budget and Management shall transfer | 57006 |
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP | 57007 |
Project Implementation. | 57008 |
Section 126. CORPORATE AND UCC FILING FUND TRANSFER TO GRF | 57009 |
No later than the first day of June in each year of the | 57010 |
biennium, the Director of Budget and Management shall transfer | 57011 |
$1,000,000 from the Corporate and Uniform Commercial Code Filing | 57012 |
Fund to the General Revenue Fund. | 57013 |
Section 127. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 57014 |
Certain appropriations are in this act for the purpose of | 57015 |
paying debt service and financing costs on general obligation | 57016 |
bonds or notes of the state issued pursuant to the Ohio | 57017 |
Constitution and acts of the General Assembly. If it is | 57018 |
determined that additional appropriations are necessary for this | 57019 |
purpose, such amounts are appropriated. | 57020 |
Section 128. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF | 57021 |
STATE | 57022 |
Certain appropriations are in this act for the purpose of | 57023 |
making lease payments pursuant to leases and agreements relating | 57024 |
to bonds or notes issued by the Ohio Building Authority or the | 57025 |
Treasurer of State or, previously, by the Ohio Public Facilities | 57026 |
Commission, pursuant to the Ohio Constitution and acts of the | 57027 |
General Assembly. If it is determined that additional | 57028 |
appropriations are necessary for this purpose, such amounts are | 57029 |
appropriated. | 57030 |
Section 129. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO | 57031 |
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS | 57032 |
The Office of Budget and Management shall initiate and | 57033 |
process disbursements from lease rental payment appropriation | 57034 |
items during the period from July 1, 2001, to June 30, 2003, | 57035 |
pursuant to leases and agreements relating to bonds or notes | 57036 |
issued under Section 2i of Article VIII, Ohio Constitution, and | 57037 |
Chapters 154. and 3318. of the Revised Code. Disbursements shall | 57038 |
be made upon certification by the Treasurer of State of the dates | 57039 |
and amounts due on those dates. | 57040 |
Section 130. STATE AND LOCAL REBATE AUTHORIZATION | 57041 |
There is hereby appropriated, from those funds designated by | 57042 |
or pursuant to the applicable proceedings authorizing the issuance | 57043 |
of state obligations, amounts computed at the time to represent | 57044 |
the portion of investment income to be rebated or amounts in lieu | 57045 |
of or in addition to any rebate amount to be paid to the federal | 57046 |
government in order to maintain the exclusion from gross income | 57047 |
for federal income tax purposes of interest on those state | 57048 |
obligations pursuant to section 148(f) of the Internal Revenue | 57049 |
Code. | 57050 |
Rebate payments shall be approved and vouchered by the Office | 57051 |
of Budget and Management. | 57052 |
Section 131. TRANSFERS FROM SPECIFIED FUNDS | 57053 |
Notwithstanding any other provision of law to the contrary, | 57054 |
the Commissioners of the Sinking Fund shall transfer the balance | 57055 |
remaining after provision for payment of all outstanding bonds or | 57056 |
notes, coupons, and charges, from the Improvement Bond Retirement | 57057 |
Fund, the Public Improvement Bond Retirement Fund, and the | 57058 |
Development Bond Retirement Fund, to the General Revenue Fund as | 57059 |
expeditiously as possible upon this act taking effect. | 57060 |
Notwithstanding any other provision of law to the contrary, | 57061 |
the Commissioners of the Sinking Fund shall transfer the balance | 57062 |
remaining after provision for payment of all outstanding bonds or | 57063 |
notes, coupons, and charges, from the Highway Improvement Bond | 57064 |
Retirement Fund, to the Highway Operating Fund as expeditiously as | 57065 |
possible upon taking effect of this act. | 57066 |
Section 132. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 57067 |
REESTABLISHMENT OF ENCUMBRANCES | 57068 |
Any cash transferred by the Director of Budget and Management | 57069 |
as provided by section 126.15 of the Revised Code is appropriated. | 57070 |
Any amounts necessary to reestablish appropriations or | 57071 |
encumbrances as provided in section 126.15 of the Revised Code are | 57072 |
appropriated. | 57073 |
Section 133. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 57074 |
Pursuant to the plan for compliance with the Federal Cash | 57075 |
Management Improvement Act required by section 131.36 of the | 57076 |
Revised Code, the Director of Budget and Management is authorized | 57077 |
to cancel and reestablish all or parts of encumbrances in like | 57078 |
amounts within the funds identified by the plan. The amounts | 57079 |
necessary to reestablish all or parts of encumbrances are | 57080 |
appropriated. | 57081 |
Section 134. STATEWIDE INDIRECT COST RECOVERY | 57082 |
Whenever the Director of Budget and Management determines | 57083 |
that an appropriation made to a state agency from a fund of the | 57084 |
state is insufficient to provide for the recovery of statewide | 57085 |
indirect costs pursuant to section 126.12 of the Revised Code, the | 57086 |
amount required for such purpose is appropriated from the | 57087 |
available receipts of such fund. | 57088 |
Section 135. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 57089 |
INDIRECT COST ALLOCATION PLAN | 57090 |
The total transfers made from the General Revenue Fund by the | 57091 |
Director of Budget and Management pursuant to this section shall | 57092 |
not exceed the amounts transferred into the General Revenue Fund | 57093 |
pursuant to division (B) of section 126.12 of the Revised Code. | 57094 |
A director of an agency may certify to the Director of Budget | 57095 |
and Management the amount of expenses not allowed to be included | 57096 |
in the Statewide Indirect Cost Allocation plan pursuant to federal | 57097 |
regulations, from any fund included in the Statewide Indirect Cost | 57098 |
Allocation plan, prepared as required by section 126.12 of the | 57099 |
Revised Code. | 57100 |
Upon determining that no alternative source of funding is | 57101 |
available to pay for such expenses, the Director of Budget and | 57102 |
Management may transfer from the General Revenue Fund into the | 57103 |
fund for which the certification is made, up to the amount of the | 57104 |
certification. The director of the agency receiving such funds | 57105 |
shall include, as part of the next budget submission prepared | 57106 |
pursuant to section 126.02 of the Revised Code, a request for | 57107 |
funding for such activities from an alternative source such that | 57108 |
further federal disallowances would not be required. | 57109 |
Section 136. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 57110 |
BALANCES OF OPERATING APPROPRIATIONS | 57111 |
An unexpended balance of an operating appropriation or | 57112 |
reappropriation that a state agency lawfully encumbered prior to | 57113 |
the close of a fiscal year is reappropriated on the first day of | 57114 |
July of the following fiscal year from the fund from which it was | 57115 |
originally appropriated or reappropriated for the following period | 57116 |
and shall remain available only for the purpose of discharging the | 57117 |
encumbrance: | 57118 |
(A) For an encumbrance for personal services, maintenance, | 57119 |
equipment, or items for resale, other than an encumbrance for an | 57120 |
item of special order manufacture not available on term contract | 57121 |
or in the open market or for reclamation of land or oil and gas | 57122 |
wells for a period of not more than five months from the end of | 57123 |
the fiscal year; | 57124 |
(B) For an encumbrance for an item of special order | 57125 |
manufacture not available on term contract or in the open market, | 57126 |
for a period of not more than five months from the end of the | 57127 |
fiscal year or, with the written approval of the Director of | 57128 |
Budget and Management, for a period of not more than twelve months | 57129 |
from the end of the fiscal year; | 57130 |
(C) For an encumbrance for reclamation of land or oil and | 57131 |
gas wells, for a period ending when the encumbered appropriation | 57132 |
is expended or for a period of two years, whichever is less; | 57133 |
(D) For an encumbrance for any other expense, for such | 57134 |
period as the director approves, provided such period does not | 57135 |
exceed two years. | 57136 |
Any operating appropriations for which unexpended balances | 57137 |
are reappropriated beyond a five-month period from the end of the | 57138 |
fiscal year, pursuant to division (B) of this section, shall be | 57139 |
reported to the Controlling Board by the Director of Budget and | 57140 |
Management by the thirty-first day of December of each year. The | 57141 |
report on each such item shall include the item, the cost of the | 57142 |
item, and the name of the vendor. This report to the board shall | 57143 |
be updated on a quarterly basis for encumbrances remaining open. | 57144 |
Upon the expiration of the reappropriation period set out in | 57145 |
divisions (A), (B), (C), or (D) of this section, a reappropriation | 57146 |
made pursuant to this section lapses, and the Director of Budget | 57147 |
and Management shall cancel the encumbrance of the unexpended | 57148 |
reappropriation no later than the end of the weekend following the | 57149 |
expiration of the reappropriation period. | 57150 |
Notwithstanding the preceding paragraph, with the approval of | 57151 |
the Director of Budget and Management, an unexpended balance of an | 57152 |
encumbrance that was reappropriated on the first day of July | 57153 |
pursuant to this section for a period specified in division (C) or | 57154 |
(D) of this section and that remains encumbered at the close of | 57155 |
the fiscal biennium is hereby reappropriated pursuant to this | 57156 |
section on the first day of July of the following fiscal biennium | 57157 |
from the fund from which it was originally appropriated or | 57158 |
reappropriated for the applicable period specified in division (C) | 57159 |
or (D) of this section and shall remain available only for the | 57160 |
purpose of discharging the encumbrance. | 57161 |
If the Controlling Board approved a purchase, that approval | 57162 |
remains in effect as long as the appropriation used to make that | 57163 |
purchase remains encumbered. | 57164 |
Section 137. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 57165 |
Notwithstanding any provision of law to the contrary, on or | 57166 |
before the first day of September of each fiscal year, the | 57167 |
Director of Budget and Management, in order to reduce the payment | 57168 |
of adjustments to the federal government, as determined by the | 57169 |
plan prepared pursuant to division (A) of section 126.12 of the | 57170 |
Revised Code, may designate such funds as the director considers | 57171 |
necessary to retain their own interest earnings. | 57172 |
Section 138. FAMILY SERVICES STABILIZATION FUND | 57173 |
The Director of Budget and Management shall transfer the $100 | 57174 |
million balance in the Family Services Stabilization Fund at the | 57175 |
end of fiscal year 2001 to the General Revenue Fund. | 57176 |
Section 139. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT | 57177 |
DISTRIBUTIONS | 57178 |
(A) On or before the third day of each month of the period | 57179 |
July 2001 through May 2002, the Tax Commissioner shall determine | 57180 |
the amounts credited under sections 5727.45, 5733.12, 5739.21, | 57181 |
5741.03, and 5747.03 of the Revised Code, respectively, to the | 57182 |
Local Government Fund, to the Library and Local Government Support | 57183 |
Fund, and to the Local Government Revenue Assistance Fund in the | 57184 |
twelfth preceding month. On or before June 3, 2002, the Tax | 57185 |
Commissioner shall determine the amounts credited under sections | 57186 |
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised | 57187 |
Code, respectively, to the Local Government Fund, to the Library | 57188 |
and Local Government Support Fund, and to the Local Government | 57189 |
Revenue Assistance Fund in June 2000. For purposes of this | 57190 |
section, any amount transferred during the period January 1, 2001, | 57191 |
through June 30, 2001 to the Local Government Fund, to the Local | 57192 |
Government Revenue Assistance Fund, or to the Library and Local | 57193 |
Government Support Fund under section 131.44 of the Revised Code | 57194 |
shall be considered to be an amount credited to that respective | 57195 |
fund under section 5747.03 of the Revised Code. | 57196 |
Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03, | 57197 |
and 5747.03 of the Revised Code to the contrary, for each month in | 57198 |
the period July 1, 2001, through June 30, 2003, from the public | 57199 |
utility excise, corporate franchise, sales, use, and personal | 57200 |
income taxes collected: | 57201 |
(1) An amount shall first be credited to the Local Government | 57202 |
Fund that equals the amount credited to that fund from that tax | 57203 |
according to the schedule in division (B) of this section. | 57204 |
(2) An amount shall next be credited to the Local Government | 57205 |
Revenue Assistance Fund that equals the amount credited to that | 57206 |
fund from that tax according to the schedule in division (B) of | 57207 |
this section. | 57208 |
(3) An amount shall next be credited to the Library and Local | 57209 |
Government Support Fund that equals the amount credited to that | 57210 |
fund from that tax according to the schedule in division (B) of | 57211 |
this section. | 57212 |
(B) The amounts shall be credited from each tax to each | 57213 |
respective fund as follows: | 57214 |
(1) In July 2001 and July 2002, the amounts credited in July | 57215 |
2000; | 57216 |
(2) In August 2001 and August 2002, the amounts credited in | 57217 |
August 2000; | 57218 |
(3) In September 2001 and September 2002, the amounts | 57219 |
credited in September 2000; | 57220 |
(4) In October 2001 and October 2002, the amounts credited in | 57221 |
October 2000; | 57222 |
(5) In November 2001 and November 2002, the amounts credited | 57223 |
in November 2000; | 57224 |
(6) In December 2001 and December 2002, the amounts credited | 57225 |
in December 2000; | 57226 |
(7) In January 2002 and January 2003, the amounts credited | 57227 |
in January 2001; | 57228 |
(8) In February 2002 and February 2003, the amounts credited | 57229 |
in February 2001; | 57230 |
(9) In March 2002 and March 2003, the amounts credited in | 57231 |
March 2001; | 57232 |
(10) In April 2002 and April 2003, the amounts credited in | 57233 |
April 2001; | 57234 |
(11) In May 2002 and May 2003, the amounts credited in May | 57235 |
2001; | 57236 |
(12) In June 2002 and June 2003, the amounts credited in June | 57237 |
2000. | 57238 |
(C) Notwithstanding section 5727.84 of the Revised Code to | 57239 |
the contrary, for the period July 1, 2001, through June 30, 2003, | 57240 |
no amounts shall be credited to the Local Government Fund or to | 57241 |
the Local Government Revenue Assistance Fund from the kilowatt | 57242 |
hour tax, and such amounts that would have otherwise been required | 57243 |
to be credited to such funds shall instead be credited to the | 57244 |
General Revenue Fund. Notwithstanding section 131.44 of the | 57245 |
Revised Code to the contrary, for the period July 1, 2001, through | 57246 |
June 30, 2003, no amounts shall be transferred to the Local | 57247 |
Government Fund, the Local Government Revenue Assistance Fund, or | 57248 |
the Library and Local Government Support Fund from the Income Tax | 57249 |
Reduction Fund, and such amounts that would have otherwise been | 57250 |
transferred to such funds from the Income Tax Reduction Fund shall | 57251 |
instead be transferred to the General Revenue Fund. | 57252 |
Notwithstanding any other provision of law to the contrary, | 57253 |
the Tax Commissioner shall compute separate adjustments to the | 57254 |
amounts credited from the public utility excise, corporate | 57255 |
franchise, sales, use, and personal income taxes to the Local | 57256 |
Government Fund, the Local Government Revenue Assistance Fund, and | 57257 |
the Library and Local Government Support Fund during July 2001. | 57258 |
The adjustments shall equal the amount credited to each respective | 57259 |
fund from each respective tax during June 2000 minus the amount | 57260 |
credited to that fund from that tax during June 2001. If an | 57261 |
adjustment is a positive amount, during July 2001, such amount | 57262 |
shall be credited to the Local Government Fund, the Local | 57263 |
Government Revenue Assistance Fund, or the Library and Local | 57264 |
Government Support Fund, as appropriate, and shall be deducted | 57265 |
from the General Revenue Fund. If an adjustment is a negative | 57266 |
amount, during July 2001, such amount shall be deducted from the | 57267 |
Local Government Fund, the Local Government Revenue Assistance | 57268 |
Fund, or the Library and Local Government Support Fund, as | 57269 |
appropriate, and shall be credited to the General Revenue Fund. | 57270 |
Any amount remaining in the Local Government Fund, the Local | 57271 |
Government Revenue Assistance Fund, or the Library and Local | 57272 |
Government Support Fund after the distributions from such funds | 57273 |
are made to local governments in August 2001, shall be certified | 57274 |
by the Tax Commissioner to the Director of Budget and Management | 57275 |
by August 15, 2001, and the Director of Budget and Management | 57276 |
shall transfer such amount from each respective fund to the | 57277 |
General Revenue Fund by August 31, 2001. | 57278 |
For purposes of this section, "pro rata share" means the | 57279 |
percentage calculated for each county and used in each month of | 57280 |
the period July 2000 through June 2001 to distribute the amounts | 57281 |
credited to the Library and Local Government Support Fund in | 57282 |
accordance with section 5747.47 of the Revised Code. | 57283 |
Notwithstanding any other provision of law to the contrary, | 57284 |
in July 2001, each county undivided library and local government | 57285 |
support fund shall receive from the Library and Local Government | 57286 |
Support Fund an amount equal to the amount it would have received | 57287 |
pursuant to section 5747.47 of the Revised Code for that month, | 57288 |
minus its pro rata share of any amount that has been or shall be | 57289 |
transferred from the Library and Local Government Support Fund to | 57290 |
the OPLIN Technology Fund in that month. In August 2001, each | 57291 |
county undivided library and local government support fund shall | 57292 |
receive from the Library and Local Government Support Fund an | 57293 |
amount equal to the amount it received from that fund in July 2000 | 57294 |
and August 2000 minus the amount it received from that fund in | 57295 |
July 2001 and minus its pro rata share of any amount transferred | 57296 |
from that fund to the OPLIN Technology Fund in July 2001 or August | 57297 |
2001. In August 2001, each county undivided local government fund | 57298 |
shall receive from the Local Government Fund, each municipality | 57299 |
that receives a distribution directly from the Local Government | 57300 |
Fund shall receive from that fund, and each county undivided local | 57301 |
government revenue assistance fund shall receive from the Local | 57302 |
Government Revenue Assistance Fund an amount equal to the amount | 57303 |
it received from that respective fund in July 2000 and August 2000 | 57304 |
minus the amount it received from that respective fund in July | 57305 |
2001. In each month of the periods September 1, 2001, through June | 57306 |
30, 2002, and September 1, 2002, through June 30, 2003, each | 57307 |
county undivided local government fund shall receive from the | 57308 |
Local Government Fund, each municipality that receives a | 57309 |
distribution directly from the Local Government Fund shall receive | 57310 |
from that fund, each county undivided local government revenue | 57311 |
assistance fund shall receive from the Local Government Revenue | 57312 |
Assistance Fund, and each county undivided library and local | 57313 |
government support fund shall receive from the Library and Local | 57314 |
Government Support Fund, the same amount it received from that | 57315 |
respective fund in the corresponding month of the period September | 57316 |
1, 2000, through June 2001. In each month of the period July 1, | 57317 |
2002, through August 31, 2002, and in the month of July 2003, each | 57318 |
county undivided local government fund shall receive from the | 57319 |
Local Government Fund, each municipality that receives a | 57320 |
distribution directly from the Local Government Fund shall receive | 57321 |
from that fund, each county undivided local government revenue | 57322 |
assistance fund shall receive from the Local Government Revenue | 57323 |
Assistance Fund, and each county undivided library and local | 57324 |
government support fund shall receive from the Library and Local | 57325 |
Government Support Fund, the same amount it received from that | 57326 |
respective fund in the corresponding month of the period July 1, | 57327 |
2000, through August 31, 2000. If during any month of the period | 57328 |
September 1, 2001, through July 31, 2003, a transfer is made from | 57329 |
the Library and Local Government Support Fund to the OPLIN | 57330 |
Technology Fund, the amount distributed to each county undivided | 57331 |
library and local government support fund shall be reduced by its | 57332 |
pro rata share of the amount transferred. | 57333 |
During the period July 1, 2001, through July 31, 2003, the | 57334 |
Director of Budget and Management shall issue those directives to | 57335 |
state agencies that are necessary to ensure that the appropriate | 57336 |
amounts are distributed to the Local Government Fund, to the Local | 57337 |
Government Revenue Assistance Fund, and to the Library and Local | 57338 |
Government Support Fund to accomplish the purposes of this | 57339 |
section. | 57340 |
Section 140. BUDGET STABILIZATION FUND TRANSFERS FOR THE | 57341 |
DEPARTMENT OF JOB AND FAMILY SERVICES | 57342 |
Notwithstanding section 131.43 and division (D) of section | 57343 |
127.14 of the Revised Code, if the Director of Budget and | 57344 |
Management, in consultation with the Director of Job and Family | 57345 |
Services, determines that Medicaid expenditures for the biennium | 57346 |
are likely to exceed the amounts appropriated in the Department of | 57347 |
Job and Family Services appropriation item 600-525, Health | 57348 |
Care/Medicaid, the Director of Budget and Management may, with | 57349 |
Controlling Board approval, tranfer up to $150 million in cash | 57350 |
from the Budget Stabilization Fund to the General Revenue Fund and | 57351 |
increase the appropriation to appropriation item 600-525, Health | 57352 |
Care/Medicaid, accordingly. In increasing the appropriation to | 57353 |
appropriation item 600-525, Health Care/Medicaid, the Director of | 57354 |
Budget and Management shall add to the amount transferred from the | 57355 |
Budget Stabilization Fund appropriation amounts that are | 57356 |
attributable to the federal match that is indicated by the state | 57357 |
and federal division of appropriation item 600-525, Health | 57358 |
Care/Medicaid, as represented in this act. Before any transfers | 57359 |
are authorized, the Director of Budget and Management shall | 57360 |
exhaust the possibilities for transfers of moneys within the | 57361 |
Department of Job and Family Services to meet the identified | 57362 |
shortfall. | 57363 |
Section 141. BUDGET STABILIZATION FUND TRANSFERS TO THE | 57364 |
EMERGENCY PURPOSES FUND | 57365 |
Notwithstanding section 131.43 of the Revised Code and | 57366 |
division (D) of section 127.14 of the Revised Code, the Director | 57367 |
of Budget and Management may, with Controlling Board approval, | 57368 |
transfer up to $5 million, in each of fiscal years 2002 and 2003, | 57369 |
from the Budget Stabilization Fund to the Emergency Purposes Fund | 57370 |
of the Controlling Board, which is hereby created in the state | 57371 |
treasury, and establish the necessary appropriation authority. The | 57372 |
Controlling Board may, at the request of any state agency or the | 57373 |
Director of Budget and Management, transfer all or part of the | 57374 |
moneys in the fund for the purpose of providing disaster and | 57375 |
emergency situation aid to state agencies and political | 57376 |
subdivisions in the event of disasters and emergency situations. | 57377 |
Section 142. TRANSFERS TO THE GENERAL REVENUE FUND | 57378 |
Notwithstanding any other provision of law to the contrary, | 57379 |
if the Director of Budget and Management determines that revenues | 57380 |
to the General Revenue Fund in fiscal years 2002 and 2003 are | 57381 |
insufficient to cover agency appropriations for fiscal years 2002 | 57382 |
and 2003, the Director of Budget and Management is hereby | 57383 |
authorized to selectively transfer to the General Revenue Fund up | 57384 |
to $30 million from non-federal, non-General Revenue Fund funds | 57385 |
that are not constitutionally restricted and that have sufficient | 57386 |
balances to support the transfer. | 57387 |
Section 143. That Section 5 of Am. Sub. S.B. 50 of the 121st | 57388 |
General Assembly, as most recently amended by Am. Sub. H.B. 283 of | 57389 |
the 123rd General Assembly, be amended to read as follows: | 57390 |
" Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st | 57391 |
General Assembly shall take effect
| 57392 |
Section 144. That existing Section 5 of Am. Sub. S.B. 50 of | 57393 |
the 121st General Assembly, as most recently amended by Am. Sub. | 57394 |
H.B. 283 of the 123rd General Assembly, is hereby repealed. | 57395 |
Section 145. That Section 153 of Am. Sub. H.B. 117 of the | 57396 |
121st General Assembly, as most recently amended by Am. Sub. H.B. | 57397 |
283 of the 123rd General Assembly, be amended to read as follows: | 57398 |
" Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, | 57399 |
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, | 57400 |
5112.18, 5112.19, 5112.21, and 5112.99 of the Revised Code are | 57401 |
hereby
repealed, effective
| 57402 |
(B) Any money remaining in the Legislative Budget Services | 57403 |
Fund
on
| 57404 |
5112.19 of the Revised Code is repealed by division (A) of this | 57405 |
section, shall be used solely for the purposes stated in then | 57406 |
former section 5112.19 of the Revised Code. When all money in the | 57407 |
Legislative Budget Services Fund has been spent after then former | 57408 |
section 5112.19 of the Revised Code is repealed under division (A) | 57409 |
of this section, the fund shall cease to exist." | 57410 |
Section 146. That existing Section 153 of Am. Sub. H.B. 117 | 57411 |
of the 121st General Assembly, as most recently amended by Am. | 57412 |
Sub. H.B. 283 of the 123rd General Assembly, is hereby repealed. | 57413 |
Section 147. That Section 3 of Am. Sub. H.B. 440 of the 121st | 57414 |
General Assembly, as most recently amended by Sub. S.B. 245 of the | 57415 |
123rd General Assembly, be amended to read as follows: | 57416 |
" Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 122.27 | 57417 |
of the Revised Code are hereby repealed, effective July 1,
| 57418 |
2003." | 57419 |
Section 148. That existing Section 3 of Am. Sub. H.B. 440 of | 57420 |
the 121st General Assembly, as most recently amended by Sub. S.B. | 57421 |
245 of the 123rd General Assembly, is hereby repealed. | 57422 |
Section 149. That Section 3 of Am. Sub. H.B. 215 of the | 57423 |
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the | 57424 |
123rd General Assembly, be amended to read as follows: | 57425 |
" Sec. 3. Section 1751.68 of the Revised Code is hereby | 57426 |
repealed, effective
| 57427 |
Section 150. That existing Section 3 of Am. Sub. H.B. 215 of | 57428 |
the 122nd General Assembly, as amended by Am. Sub. H.B. 283 of the | 57429 |
123rd General Assembly, is hereby repealed. | 57430 |
Section 151. That Section 3 of Am. Sub. H.B. 621 of the 122nd | 57431 |
General Assembly, as most recently amended by Am. Sub. H.B. 283 of | 57432 |
the 123rd General Assembly, be amended to read as follows: | 57433 |
" Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and | 57434 |
901.83 of the Revised Code are hereby repealed, effective July 1, | 57435 |
| 57436 |
Section 152. That existing Section 3 of Am. Sub. H.B. 621 of | 57437 |
the 122nd General Assembly, as most recently amended by Am. Sub. | 57438 |
H.B. 283 of the 123rd General Assembly, is hereby repealed. | 57439 |
Section 153. That Section 9 of Am. Sub. S.B. 192 of the 123rd | 57440 |
General Assembly be amended to read as follows: | 57441 |
" Sec. 9. All items set forth in this section are hereby | 57442 |
appropriated out of any moneys in the state treasury to the credit | 57443 |
of the Law Enforcement Improvements Trust Fund (Fund J87) that are | 57444 |
not otherwise appropriated. | 57445 |
Appropriations |
57446 |
CAP-716 | Lab and Training Facility Improvements | $ | 2,000,000 | 57447 | |||
5,200,000 | 57448 | ||||||
TOTAL Attorney General | $ | 2,000,000 | 57449 | ||||
5,200,000 | 57450 | ||||||
TOTAL Law Enforcement Improvements Trust Fund | $ | 2,000,000 | 57451 | ||||
5,200,000" | 57452 |
Section 154. That existing Section 9 of Am. Sub. S.B. 192 of | 57454 |
the 123rd General Assembly is hereby repealed. | 57455 |
Section 155. That Section 18 of Am. Sub. S.B. 192 of the | 57456 |
123rd General Assembly, as amended by Sub. S.B. 346 of the 123rd | 57457 |
General Assembly, be amended to read as follows: | 57458 |
" Sec. 18. (A) The Tobacco Oversight Accountability Panel is | 57459 |
hereby created. The committee shall consist of the Director of | 57460 |
Budget and Management or the Director's designee, three members of | 57461 |
the House of Representatives appointed by the Speaker of the House | 57462 |
of Representatives, no more than two of whom shall belong to the | 57463 |
same political party as the Speaker, and three members of the | 57464 |
Senate appointed by the President of the Senate, no more than two | 57465 |
of whom shall belong to the same political party as the President. | 57466 |
(B) The Panel shall develop appropriate achievement | 57467 |
benchmarks for each of the following: | 57468 |
(1) The Tobacco Use Prevention and Cessation Trust Fund; | 57469 |
(2) The Law Enforcement Improvements Trust Fund; | 57470 |
(3) The Southern Ohio Agricultural and Community Development | 57471 |
Trust Fund; | 57472 |
(4) Ohio's Public Health Priorities Trust Fund; | 57473 |
(5) The Biomedical Research and Technology Transfer Trust | 57474 |
Fund; | 57475 |
(6) The Education Facilities Trust Fund; | 57476 |
(7) The Education Technology Trust Fund. | 57477 |
(C) On or before
| 57478 |
submit a report describing the achievement benchmarks developed | 57479 |
under division (B) of this section to the Governor, the General | 57480 |
Assembly, and the chairpersons and ranking minority members of the | 57481 |
finance committees of the Senate and House of Representatives. | 57482 |
Upon submitting the report, the panel shall cease to exist." | 57483 |
Section 156. That existing Section 18 of Am. Sub. S.B. 192 | 57484 |
of the 123rd General Assembly, as amended by Sub. S.B. 346 of the | 57485 |
123rd General Assembly, is hereby repealed. | 57486 |
Section 157. That Section 4 of Am. S.B. 210 of the 123rd | 57487 |
General Assembly be amended to read as follows: | 57488 |
" Sec. 4. (A) There is hereby created the Civil Service | 57489 |
Review Commission. The Commission shall consist of the following | 57490 |
members: | 57491 |
(1) Three members of the Senate appointed by the President | 57492 |
of the Senate, with at least one member from the minority party; | 57493 |
(2) Three members of the House of Representatives appointed | 57494 |
by the Speaker of the House of Representatives, with at least one | 57495 |
member from the minority party; | 57496 |
(3) Nine members appointed by the Governor, of whom one | 57497 |
shall be the Director of Administrative Services or the Director's | 57498 |
designee, one shall be from a union representing the largest | 57499 |
number of state employees, one shall be from a union representing | 57500 |
the largest number of local government employees, two shall be | 57501 |
recommended by a statewide organization representing counties, two | 57502 |
shall be recommended by a statewide organization representing | 57503 |
municipal corporations, and two shall represent the public. | 57504 |
All appointments shall be made not later than one month after | 57505 |
| 57506 |
Commission shall be co-chaired by a member of the House of | 57507 |
Representatives designated by the Speaker of the House of | 57508 |
Representatives and a member of the Senate designated by the | 57509 |
President of the Senate. The co-chairs shall alternate chairing | 57510 |
meetings of the Commission by agreement of the co-chairs. | 57511 |
(B) The Commission shall review civil service laws and | 57512 |
practice under those laws in Ohio. In conducting the review, the | 57513 |
Commission shall conduct a comprehensive analysis of Ohio's civil | 57514 |
service laws as set forth in the Revised Code and associated | 57515 |
rules, including an analysis of how the laws and any associated | 57516 |
rules are applied in practice by public entities across Ohio. | 57517 |
Additionally, the Commission may review decisions of the Personnel | 57518 |
Board of Review created in section 124.05 of the Revised Code or | 57519 |
other administrative and judicial bodies to determine how | 57520 |
decisions of the Board or those other bodies influence the | 57521 |
interpretation or application of civil service laws. The | 57522 |
Commission also may review practices and innovations of public | 57523 |
entities in other states. The Commission may call witnesses and | 57524 |
review any other information that it determines to be appropriate | 57525 |
and may consider recommendations of the Governor's Management | 57526 |
Improvement Commission. | 57527 |
(C) Upon completion of its review under division (B) of this | 57528 |
section, but not later than
| 57529 |
57530 | |
December 31, 2001, the Commission shall issue a report to the | 57531 |
President of the Senate and the Speaker of the House of | 57532 |
Representatives. The report shall identify current statutes, | 57533 |
rules, practices, and procedures and shall make recommendations | 57534 |
for changes to those statutes, rules, practices, and procedures | 57535 |
that the Commission determines necessary to improve them. Upon | 57536 |
issuance of the report under this division, the Commission ceases | 57537 |
to exist." | 57538 |
Section 158. That existing Section 4 of Am. S.B. 210 of the | 57539 |
123rd General Assembly is hereby repealed. | 57540 |
Section 159. That Section 28.43 of Sub. S.B. 245 of the 123rd | 57541 |
General Assembly be amended to read as follows: | 57542 |
" Sec. 28.43. SOC SOUTHERN STATE COMMUNITY COLLEGE | 57543 |
CAP-010 | Basic Renovations | $ | 132,297 | 57544 | |||
CAP-019 | New North Campus Facility | $ | 249,553 | 57545 | |||
CAP-022 | Clinton County Facility | $ | 405,381 | 57546 | |||
Total Southern State Community College | $ | 787,231 | 57547 |
CLINTON COUNTY FACILITY | 57548 |
The amount reappropriated for the foregoing appropriation | 57549 |
item CAP-022, Clinton County Facility, shall be the sum of the | 57550 |
unencumbered and unallotted balances as of June 30, 2000, in | 57551 |
appropriation item CAP-022, plus $70,142." | 57552 |
Section 160. That existing Section 28.43 of Sub. S.B. 245 of | 57553 |
the 123rd General Assembly is hereby repealed. | 57554 |
Section 161. That Sections 10 and 13 of Am. Sub. S.B. 287 of | 57555 |
the 123rd General Assembly be amended to read as follows: | 57556 |
" Sec. 10. The excise tax imposed by section 5727.811 of the | 57557 |
Revised Code shall
| 57558 |
distribution company for all natural gas volumes billed by, or on | 57559 |
behalf of, the company on and after July 1, 2001. Before that | 57560 |
date, a natural gas distribution company shall register with the | 57561 |
Tax Commissioner in accordance with section 5727.93 of the Revised | 57562 |
Code, as amended by
| 57563 |
General Assembly. | 57564 |
Sec. 13. (A) The amendment or enactment by
| 57565 |
S.B. 287 of the 123rd General Assembly of sections 5733.053, | 57566 |
5733.06,
| 57567 |
applies to tax year 2002. | 57568 |
(B) The amendment by Am. Sub. S.B. 287 of the 123rd General | 57569 |
Assembly of section 5733.40 of the Revised Code applies to taxable | 57570 |
years beginning in 2001 or thereafter." | 57571 |
Section 162. That existing Sections 10 and 13 of Am. Sub. | 57572 |
S.B. 287 of the 123rd General Assembly are hereby repealed. | 57573 |
Section 163. That Sections 129 and 180 of Am. Sub. H.B. 283 | 57574 |
of the 123rd General Assembly be amended to read as follows: | 57575 |
" Sec. 129. MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY | 57576 |
BEDS | 57577 |
(A)
| 57578 |
the Revised Code, during the period beginning July 1,
| 57579 |
and ending
| 57580 |
of Mental Retardation and
Developmental Disabilities shall
| 57581 |
57582 | |
57583 | |
section 5123.19 of the Revised Code | 57584 |
the approval or issuance will result in an increase in the number | 57585 |
of residential facility beds
| 57586 |
57587 | |
57588 | |
57589 | |
57590 | |
57591 | |
certified as intermediate care facility for the mentally retarded | 57592 |
beds under Title XIX of the "Social Security Act," 79 Stat. 286 | 57593 |
(1965), 42 U.S.C.A. 1396, as amended. A modification, | 57594 |
replacement, or relocation of existing beds in a residential | 57595 |
facility licensed under section 5123.19 of the Revised Code shall | 57596 |
not be considered an increase described in this division. The | 57597 |
director shall adopt rules in accordance with Chapter 119. of the | 57598 |
Revised Code specifying what constitutes a modification or | 57599 |
replacement of existing beds. | 57600 |
(B)
| 57601 |
section,
| 57602 |
| 57603 |
57604 | |
57605 | |
57606 |
| 57607 |
57608 | |
57609 | |
57610 | |
57611 | |
July 1, 2001, and ending on October 15, 2003, the director may | 57612 |
issue a license under section 5123.19 of the Revised Code to a | 57613 |
nursing home described in section 5123.192 of the Revised Code if | 57614 |
the sole purpose of the issuance is the relocation of existing | 57615 |
beds within the same county. The director shall authorize under | 57616 |
this division no additional beds beyond those being relocated. | 57617 |
Sec. 180.
| 57618 |
57619 | |
57620 | |
57621 | |
57622 | |
57623 | |
apply to qualified research expenses paid or incurred on or after | 57624 |
January 1, 2001 2003. | 57625 |
| 57626 |
57627 | |
57628 | |
57629 | |
57630 | |
57631 | |
57632 | |
57633 | |
57634 | |
57635 | |
57636 |
Section 164. That existing Sections 129 and 180 of Am. Sub. | 57637 |
H.B. 283 of the 123rd General Assembly are hereby repealed. | 57638 |
Section 165. That Section 1 of Sub. H.B. 574 of the 123rd | 57639 |
General Assembly be amended to read as follows: | 57640 |
" Sec. 1. (A)
| 57641 |
57642 | |
committee shall be appointed to study the impact of high | 57643 |
technology start-up businesses on economic development and small | 57644 |
businesses in this state and certain other matters. The committee | 57645 |
shall consist of seventeen members, two of whom shall serve as | 57646 |
co-chairpersons, as follows: | 57647 |
(1) Three members from the House of Representatives, two of | 57648 |
whom shall be appointed by the Speaker of the House of | 57649 |
Representatives and one of whom shall be appointed by the Minority | 57650 |
Leader of the House of Representatives. The Speaker of the House | 57651 |
of Representatives shall designate one of the members appointed by | 57652 |
the Speaker as a co-chairperson of the committee. | 57653 |
(2) Three members from the Senate, two of whom shall be | 57654 |
appointed by the President of the Senate and one of whom shall be | 57655 |
appointed by the Minority Leader of the Senate. The President of | 57656 |
the Senate shall appoint one of the members appointed by the | 57657 |
President as a co-chairperson of the committee. | 57658 |
(3) One former member of the House of Representatives | 57659 |
appointed by the Speaker of the House of Representatives; | 57660 |
(4) One former member of the Senate appointed by the | 57661 |
President of the Senate; | 57662 |
(5) One member, appointed by the Speaker of the House of | 57663 |
Representatives, who shall represent the venture capital industry | 57664 |
in the state; | 57665 |
(6) One member, appointed by the President of the Senate, | 57666 |
who shall be an attorney and an expert in high-technology legal | 57667 |
issues; | 57668 |
(7) Six members appointed by the Governor, three of whom | 57669 |
shall represent a different private business association in the | 57670 |
state, one of whom shall represent an Ohio labor organization, one | 57671 |
of whom shall represent an Edison Center, as defined in division | 57672 |
(A) of section 122.15 of the Revised Code, and one of whom shall | 57673 |
be a member of the Governor's Small Business Advisory Council; | 57674 |
(8) The Director of Development or the Director's designee. | 57675 |
(B) The members of the committee shall serve without | 57676 |
compensation, but shall be reimbursed for their actual and | 57677 |
necessary travel and other expenses incurred in the performance of | 57678 |
their official duties as committee members. Witnesses called to | 57679 |
testify before the committee shall be reimbursed for their actual | 57680 |
and necessary travel expenses incurred in attending committee | 57681 |
hearings. These and other expenses associated with the | 57682 |
committee's performance of its functions shall be paid from any | 57683 |
funds appropriated for the operation of committees of the General | 57684 |
Assembly. | 57685 |
(C) The committee shall examine how to retain high | 57686 |
technology start-up businesses in the state, the factors | 57687 |
motivating these businesses to locate in the state or to relocate | 57688 |
out of the state, and the overall impact of these businesses on | 57689 |
economic development and small businesses in Ohio. The committee | 57690 |
shall submit a report along with its recommendations based on the | 57691 |
study to the General
Assembly by
| 57692 |
submitting its report and recommendations, the committee shall | 57693 |
cease to exist." | 57694 |
Section 166. That existing Section 1 of Sub. H.B. 574 of the | 57695 |
123rd General Assembly is hereby repealed. | 57696 |
Section 167. * That Sections 6.02, 9, and 23 of Am. Sub. H.B. | 57697 |
640 of the 123rd General Assembly be amended to read as follows: | 57698 |
" Sec. 6.02. AFC ARTS AND SPORTS FACILITIES COMMISSION | 57699 |
CAP-047 | Cincinnati Classical Music Hall of Fame | $ | 300,000 | 57700 | |||
CAP-053 | Powers Auditorium Improvements | $ | 500,000 | 57701 | |||
CAP-059 | Johnny Appleseed Museum Theatre | $ | 200,000 | 57702 | |||
CAP-818 | Great Lakes League Baseball Stadium in Lake County | $ | 350,000 | 57703 | |||
CAP-819 | Cooper Stadium Relocation Feasibility Study | $ | 350,000 | 57704 | |||
Total Arts And Sports Facilities Commission | $ | 1,700,000 | 57705 |
GREAT LAKES LEAGUE BASEBALL STADIUM IN LAKE COUNTY | 57706 |
Notwithstanding division (F) of section 3383.07 of the | 57707 |
Revised Code, all or a portion of the foregoing appropriation item | 57708 |
CAP-818, Great Lakes League Baseball Stadium in Lake County, may | 57709 |
be expended for the cost of preparing a financial and development | 57710 |
plan or feasibility study, and purchasing engineering and | 57711 |
architectural services, designs, plans, specifications, surveys, | 57712 |
and estimates of costs for that Great Lakes League Baseball | 57713 |
Stadium in Lake County. Any amount expended for that purpose from | 57714 |
the appropriation shall count toward the maximum fifteen percent | 57715 |
of the construction cost of the sports facility to be paid from | 57716 |
state funds. | 57717 |
COOPER STADIUM RELOCATION FEASIBILITY STUDY | 57718 |
Notwithstanding division (F) of section 3383.07 of the | 57719 |
Revised Code, all or a portion of the foregoing appropriation item | 57720 |
CAP-819, Cooper Stadium Relocation Feasibility Study, may be | 57721 |
expended for the cost of preparing a financial and development | 57722 |
plan or feasibility study, renovation, and purchasing engineering | 57723 |
and architectural services, designs, plans, specifications, | 57724 |
surveys, and estimates of costs for that Cooper Stadium. Any | 57725 |
amount expended for that purpose from the appropriation shall | 57726 |
count toward the maximum fifteen percent of the construction cost | 57727 |
of the sports facility to be paid from state funds. | 57728 |
Sec. 9. All items set forth in this section are hereby | 57729 |
appropriated out of any moneys in the state treasury to the credit | 57730 |
of the Waterways Safety Fund (Fund 086), which are not otherwise | 57731 |
appropriated. | 57732 |
Appropriations |
57733 |
CAP-324 | Cooperative Funding for Boating | $ | 5,600,000 | 57734 | |||
Facilities | 6,600,000 | 57735 | |||||
CAP-874 | Recreational Harbor Evaluation Project | $ | 1,000,000 | 57736 | |||
CAP-934 | Operations Facilities Development | $ | 800,000 | 57737 | |||
Total Department of Natural Resources | $ | 7,400,000 | 57738 | ||||
8,400,000 | 57739 | ||||||
Total Waterways Safety Fund | $ | 7,400,000 | 57740 | ||||
8,400,000 | 57741 |
Sec. 23. All items set forth in this section are hereby | 57743 |
appropriated out of any moneys in the state treasury to the credit | 57744 |
of the Parks and Recreation Improvement Fund (Fund 035) created by | 57745 |
division (F) of section 154.22 of the Revised Code, derived from | 57746 |
the proceeds of obligations heretofore and herein authorized, to | 57747 |
pay costs of capital facilities, as defined in section 154.01 of | 57748 |
the Revised Code, for parks and recreation. | 57749 |
Appropriations |
57750 |
CAP-012 | Land Acquisition | $ | 3,150,000 | 57751 | |||
CAP-113 | East Harbor State Park Shoreline Stabilization | $ | 850,000 | 57752 | |||
CAP-234 | State Parks Campgrounds, Lodges, and Cabins | $ | 8,725,000 | 57753 | |||
CAP-718 | Grand Lake St. Mary's State Park | $ | 150,000 | 57754 | |||
CAP-748 | Local Parks Projects | $ | 4,409,000 | 57755 | |||
CAP-787 | Scioto Riverfront Improvements | $ | 9,175,000 | 57756 | |||
CAP-789 | Great Miami Riverfront Improvements | $ | 2,000,000 | 57757 | |||
CAP-821 | State Park Dredging and Shoreline Protection | $ | 300,000 | 57758 | |||
CAP-836 | State Park Renovations/Upgrading | $ | 50,000 | 57759 | |||
CAP-876 | Statewide Trails Program | $ | 3,175,000 | 57760 | |||
CAP-910 | Scioto Peninsula Property Acquisition | $ | 4,750,000 | 57761 | |||
CAP-928 | Statewide Accessibility Improvements | $ | 125,000 | 57762 | |||
CAP-931 | Statewide Wastewater/Water Systems Upgrade | $ | 2,000,000 | 57763 | |||
Total Department of Natural Resources | $ | 38,859,000 | 57764 | ||||
Total Parks and Recreation Improvement Fund | $ | 38,859,000 | 57765 |
FEDERAL REIMBURSEMENT | 57766 |
All reimbursements received from the federal government for | 57767 |
any expenditures made pursuant to this section shall be deposited | 57768 |
in the state treasury to the credit of the Parks and Recreation | 57769 |
Improvement Fund (Fund 035). | 57770 |
LOCAL PARKS PROJECTS | 57771 |
Of the foregoing appropriation item CAP-748, Local Parks | 57772 |
Projects, $100,000 shall be used for the Darke County Park | 57773 |
District;
| 57774 |
Land Acquisition; $40,000 shall be used for Grove City Fryer Park | 57775 |
Improvements; $60,000 shall be used for Ritter Park Improvements; | 57776 |
$125,000 shall be used for Highland Community Park Improvements; | 57777 |
$12,500 shall be used for Big Prairie/Lakeville Park Improvements; | 57778 |
$25,000 shall be used for Holmes County Park Improvements; $25,000 | 57779 |
shall be used for Stockport Riverfront Park Improvements; $50,000 | 57780 |
shall be used for Silver Park Improvements; $50,000 shall be used | 57781 |
for New Philadelphia City Park Improvements; $100,000 shall be | 57782 |
used for Dover Park Improvements; $40,000 shall be used for | 57783 |
Newcomerstown Park Improvements; $60,000 shall be used for | 57784 |
Sugarcreek Park Improvements; $20,000 shall be used for Dodge Park | 57785 |
Improvements; $20,000 shall be used for Grandview Park | 57786 |
Improvements; $6,500 shall be used for Crossroads Park | 57787 |
Improvements; $38,000 shall be used for Wauseon Park Land | 57788 |
Acquisition; $450,000 shall be used for Barberton Park | 57789 |
Improvements; $150,000 shall be used
for Black Swamp
| 57790 |
57791 | |
Improvements; $50,000 shall be used for Cincinnati Whitewater | 57792 |
Canal Tunnel Park; $75,000 shall be used for the Walbridge Parks | 57793 |
Improvements; $50,000 shall be used for the Village of Richwood | 57794 |
Parks; $112,000 shall be used for the West Creek Preserve - City | 57795 |
of Parma; $100,000 shall be used by the West Creek Preservation | 57796 |
Committee for a West Creek Watershed Project; and $350,000 shall | 57797 |
be used for Stark County Parks. | 57798 |
LOCAL PARKS PROJECTS - RIVERFRONT PLAZA | 57799 |
Of the foregoing appropriation item CAP-748, Local Parks | 57800 |
Projects, $1,000,000 shall be used for Riverfront Plaza in | 57801 |
Cincinnati. The Director of Natural Resources shall study and | 57802 |
determine whether it is feasible and suitable to include the | 57803 |
Riverfront Plaza in the state park system. | 57804 |
STATEWIDE TRAILS PROGRAM | 57805 |
Of the foregoing appropriation item CAP-876, Statewide Trails | 57806 |
Program, $2,000,000 shall be used for the Ohio to Erie Bike Trail | 57807 |
in Greene County, Madison County, and Clark County; $125,000 shall | 57808 |
be used for the Bike Path Extension in Delaware County; $150,000 | 57809 |
shall be used for the Village Green Hillside Bike/Hike Path in | 57810 |
Butler County; $150,000 shall be used for the Pleasant Run Creek | 57811 |
Bike/Hike Path in Butler County; $500,000 shall be used for the | 57812 |
Delhi Nature Trail in Hamilton County; $50,000 shall be used for | 57813 |
the New Richmond Bike Path; and $50,000 shall be used for the Lake | 57814 |
to River Greenway Bike Path in Trumbull County. | 57815 |
SCIOTO RIVERFRONT IMPROVEMENTS | 57816 |
Of the foregoing appropriation item CAP-787, Scioto | 57817 |
Riverfront Improvements, $7,750,000 shall be used for Spring and | 57818 |
Long Park and $1,425,000 shall be used for Whittier peninsula | 57819 |
property acquisition and demolition. | 57820 |
STATE PARK RENOVATIONS/UPGRADING | 57821 |
Of the foregoing appropriation item CAP-836, State Park | 57822 |
Renovations/Upgrading, $50,000 shall be used for the Kennedy Stone | 57823 |
House Improvements in Salt Fork State Park." | 57824 |
Section 168. * That existing Sections 6.02, 9, and 23 of Am. | 57825 |
Sub. H.B. 640 of the 123rd General Assembly are hereby repealed." | 57826 |
Section 169. * That Sections 6.01 and 18 of Am. Sub. H.B. | 57827 |
640 of the 123rd General Assembly, as most recently amended by Am. | 57828 |
Sub. S.B. 346 of the 123rd General Assembly, be amended to read as | 57829 |
follows: | 57830 |
Appropriations |
" Sec. 6.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 57831 |
CAP-785 | Rural Areas Historical Projects | $ | 4,838,500 5,338,500 | 57832 | |||
CAP-786 | Rural Areas Community Improvements | $ | 13,537,300 | 57833 | |||
CAP-817 | Urban Areas Community Improvements | $ | 27,066,000 | 57834 | |||
CAP-818 | Community Theatre Renovations | $ | 1,210,000 | 57835 | |||
Total Department of Administrative Services | $ | 46,651,800 47,151,800 | 57836 |
RURAL AREAS HISTORICAL PROJECTS | 57837 |
From the foregoing appropriation item CAP-785, Rural Areas | 57838 |
Historical Projects, grants shall be made for the following | 57839 |
projects: | 57840 |
Euclid Beach Carousel | $ | 500,000 | 57841 | ||||
Camden Town Hall and Opera House | $ | 75,000 | 57842 | ||||
Historic Hopewell Church | $ | 10,000 | 57843 | ||||
Preble County Historical Society | $ | 150,000 | 57844 | ||||
Allen County Museum Building Expansion | $ | 600,000 | 57845 | ||||
Allen County Railroad Museum | $ | 50,000 | 57846 | ||||
John P. Parker Historic Site Restoration | $ | 200,000 | 57847 | ||||
Grant Memorial Building | $ | 185,000 | 57848 | ||||
Steamship William G. Mather Maritime Museum | $ | 25,000 | 57849 | ||||
Bedford Historical Society | $ | 250,000 | 57850 | ||||
Fulton County Historical Society Museum | 57851 | ||||||
Rehabilitation | $ | 50,000 | 57852 | ||||
Lyons and Area Historical Society Train Depot | 57853 | ||||||
Restoration | $ | 40,000 | 57854 | ||||
Middlefield Historical Society | $ | 45,000 | 57855 | ||||
Hancock Historical Society-New | 57856 | ||||||
Agriculture/Transportation Building | $ | 150,000 | 57857 | ||||
Henry County Historical Society Building | 57858 | ||||||
Improvements | $ | 50,000 | 57859 | ||||
Holmes County Historic Building Improvements | $ | 25,000 | 57860 | ||||
Holmes County Historical Society Victorian | 57861 | ||||||
House | $ | 30,000 | 57862 | ||||
Harvey Wells House Restoration | $ | 100,000 | 57863 | ||||
Western Reserve Railroad Association Train | 57864 | ||||||
Station Improvements | $ | 10,000 | 57865 | ||||
Great Lakes Historical Society Renovations | $ | 200,000 | 57866 | ||||
Monroe County Park District Parry Museum | $ | 20,000 | 57867 | ||||
Morgan County Historical Society Building | 57868 | ||||||
Renovations | $ | 25,000 | 57869 | ||||
General Sheridan Monument Restoration | $ | 6,000 | 57870 | ||||
Haydenville Museum | $ | 7,500 | 57871 | ||||
Overland Inn Historical Site | $ | 50,000 | 57872 | ||||
Spring Hill Historic Home | $ | 100,000 | 57873 | ||||
Stan Hywet Hall and Gardens | $ | 1,000,000 | 57874 | ||||
Gnadenhutten Historical Society | $ | 15,000 | 57875 | ||||
Van Wert Historical Society Red Barn Project | $ | 40,000 | 57876 | ||||
Marietta Lockmaster's House Renovation | $ | 50,000 | 57877 | ||||
New Matamorus Historical Society Renovations | $ | 25,000 | 57878 | ||||
Wayne County Historical Society | $ | 150,000 | 57879 | ||||
Wood County Historic Courthouse | $ | 1,000,000 | 57880 | ||||
Mt. Pleasant Historical Society | $ | 10,000 | 57881 | ||||
Dennison Railroad Depot Museum | $ | 95,000 | 57882 |
RURAL AREAS COMMUNITY IMPROVEMENTS | 57883 |
From the foregoing appropriation item CAP-786, Rural Areas | 57884 |
Community Improvements, grants shall be made for the following | 57885 |
projects: | 57886 |
Southern Ohio Health Network Facility | $ | 100,000 | 57887 | ||||
Allen County Reservoir Feasibility Study | $ | 250,000 | 57888 | ||||
Belmont County Office Space | $ | 30,000 | 57889 | ||||
Meigs County Industrial Park | $ | 100,000 | 57890 | ||||
Lawrence County Industrial Park | $ | 100,000 | 57891 | ||||
Gallia County Industrial Park | $ | 100,000 | 57892 | ||||
Community Building - Belmont County | $ | 2,000,000 | 57893 | ||||
Watt Center - Belmont County | $ | 15,000 | 57894 | ||||
4-H Barn - Brown County | $ | 50,000 | 57895 | ||||
People Working Cooperatively Facility | 57896 | ||||||
Improvements | $ | 75,000 | 57897 | ||||
Champaign YMCA | $ | 200,000 | 57898 | ||||
Clermont County Courthouse | $ | 50,000 | 57899 | ||||
Clermont County Visitor Information Center | $ | 50,000 | 57900 | ||||
Clinton County Firing Range | $ | 50,000 | 57901 | ||||
Coshocton Infrastructure Improvements | $ | 150,000 | 57902 | ||||
Bethlehem Water Well | $ | 2,700 | 57903 | ||||
West Lafayette Municipal Building Roof | $ | 7,200 | 57904 | ||||
Tuscarawas Township Safety Improvements | $ | 10,000 | 57905 | ||||
Village of Warsaw Improvements | $ | 39,100 | 57906 | ||||
Coshocton Softball Field Lighting Improvements | $ | 20,000 | 57907 | ||||
Defiance/Williams Flood Mitigation Project | $ | 1,350,000 | 57908 | ||||
Bellepoint Bridge Reconstruction | $ | 75,000 | 57909 | ||||
West After-School Center | $ | 50,000 | 57910 | ||||
Gallia County Water Projects | $ | 25,000 | 57911 | ||||
Fairmount Fine Arts Center | $ | 40,000 | 57912 | ||||
Guernsey Infrastructure Improvements | $ | 100,000 | 57913 | ||||
Tornado Warning Sirens - Guernsey County | $ | 60,000 | 57914 | ||||
Old Kenton Armory Improvements | $ | 100,000 | 57915 | ||||
Court House/City Hall Improvements - Highland | 57916 | ||||||
County | $ | 400,000 | 57917 | ||||
Holmes County Home Renovations | $ | 25,000 | 57918 | ||||
Old Children's Home Renovations - Holmes County | $ | 25,000 | 57919 | ||||
Fairport Community Center | $ | 150,000 | 57920 | ||||
Mentor Fire and Police Headquarters Relocation | $ | 100,000 | 57921 | ||||
Hanna House - Lake County | $ | 25,000 | 57922 | ||||
Perry Township Industrial Park Land Acquisition | $ | 65,000 | 57923 | ||||
Red Mill Creek Water Retention Basin | $ | 20,000 | 57924 | ||||
Madison Village Community Building ADA Upgrades | $ | 12,500 | 57925 | ||||
Mentor-on-the-Lake Erosion Control Project | $ | 135,000 | 57926 | ||||
Athalia Community Facility | $ | 20,000 | 57927 | ||||
Chesapeake Community Facility | $ | 20,000 | 57928 | ||||
Proctorville Community Facility | $ | 20,000 | 57929 | ||||
Lawrence County Water Projects | $ | 25,000 | 57930 | ||||
Downtown Parking Garage and Walkway - Licking | 57931 | ||||||
County | $ | 500,000 | 57932 | ||||
Institute of Industrial Technology | $ | 500,000 | 57933 | ||||
Outdoor Education Laboratory Construction - | 57934 | ||||||
Marion County | $ | 60,000 | 57935 | ||||
Medina County Engineered Fuel Project | $ | 575,000 | 57936 | ||||
Chester Court House | $ | 15,000 | 57937 | ||||
Meigs County Water Projects | $ | 25,000 | 57938 | ||||
Fort Piqua Hotel | $ | 400,000 | 57939 | ||||
Graysville Community Center | $ | 50,000 | 57940 | ||||
Midway Community Center | $ | 10,000 | 57941 | ||||
Chesterhill Water Tower Improvements | $ | 50,000 | 57942 | ||||
Morgan Infrastructure Improvements | $ | 100,000 | 57943 | ||||
Morgan County Economic Development | $ | 125,000 | 57944 | ||||
Secrest Auditorium Improvements | $ | 50,000 | 57945 | ||||
Diesel Powered Generators - Muskingum County | $ | 6,000 | 57946 | ||||
Muskingum County Center for Seniors | $ | 8,000 | 57947 | ||||
Maysville Community Improvements | $ | 10,000 | 57948 | ||||
Muskingum County Court House Improvements | $ | 65,000 | 57949 | ||||
Litter Prevention Complex - Muskingum County | $ | 17,300 | 57950 | ||||
Noble County Infrastructure Improvements | $ | 185,000 | 57951 | ||||
Lake Erie Islands Regional Welcome Center | $ | 500,000 | 57952 | ||||
Corning Community Center | $ | 10,000 | 57953 | ||||
Somerset Court House | $ | 100,000 | 57954 | ||||
New Lexington Community Center | $ | 125,000 | 57955 | ||||
Crooksville Family Recreation Center | $ | 70,000 | 57956 | ||||
Perry County Agricultural Society | $ | 75,000 | 57957 | ||||
Nelsonville Pool | $ | 100,000 | 57958 | ||||
Cave Lake Center for Community Leadership | $ | 350,000 | 57959 | ||||
Atwater Township Town Hall Improvements | $ | 100,000 | 57960 | ||||
Brimfield Township Community Center | $ | 75,000 | 57961 | ||||
Portage County Sheriff's Department Shooting | 57962 | ||||||
Range | $ | 200,000 | 57963 | ||||
WSTB Equipment Upgrade | $ | 50,000 | 57964 | ||||
Richland Academy of Arts and Sciences Discovery | 57965 | ||||||
Center | $ | 100,000 | 57966 | ||||
Mansfield Area YMCA | $ | 200,000 | 57967 | ||||
Mohican School in the Out-of-Doors Expansion | $ | 325,000 | 57968 | ||||
Mansfield Reformatory Preservation Project | $ | 100,000 | 57969 | ||||
Ross County Multi-Purpose Facility | $ | 50,000 | 57970 | ||||
Bellevue Society for the Arts | $ | 10,000 | 57971 | ||||
County Jail Improvements - Sandusky County | $ | 300,000 | 57972 | ||||
Southern Ohio Port Authority | $ | 50,000 | 57973 | ||||
Meadowbrook Park Ballroom Restoration | $ | 100,000 | 57974 | ||||
Eastern Ohio Developmental Alliance Equipment | 57975 | ||||||
Purchase | $ | 10,000 | 57976 | ||||
Uhrichsville Municipal Building Improvements | $ | 80,000 | 57977 | ||||
Project Pride Town Hall | $ | 20,000 | 57978 | ||||
Marietta Nutrition Facility | $ | 100,000 | 57979 | ||||
Liberty Township Community Center | $ | 20,000 | 57980 | ||||
West Salem Town Hall | $ | 150,000 | 57981 | ||||
City of Rittman Recreation Center | $ | 125,000 | 57982 | ||||
Bryan Senior Center | $ | 450,000 | 57983 | ||||
Jerry City Town Hall Improvements | $ | 7,000 | 57984 | ||||
Bradner Historic Building | $ | 45,000 | 57985 | ||||
Fairfield Township Community Recreation Facility | $ | 150,000 | 57986 | ||||
Lighthouse Youth Center Improvements | $ | 250,000 | 57987 | ||||
Chagrin Falls Park Community Center - Seniors' | 57988 | ||||||
Room Construction | $ | 10,000 | 57989 | ||||
City of Willowick - Senior Center Remodeling, | 57990 | ||||||
Addition, and Completion | $ | 100,000 | 57991 | ||||
Painesville Township Greenspace | $ | 15,000 | 57992 | ||||
Clermont County Animal Shelter | $ | 22,500 | 57993 |
ROSS COUNTY MULTI-PURPOSE FACILITY | 57994 |
Of the foregoing appropriation item CAP-786, Rural Areas | 57995 |
Community Improvements, the $50,000 earmarked for the Ross County | 57996 |
Multi-Purpose Facility is for a feasibility study for the | 57997 |
facility. Yoctangee Park in Chillicothe, Ohio, is specifically | 57998 |
excluded as a site from any feasibility study for a multi-purpose | 57999 |
facility. | 58000 |
PORTAGE COUNTY SHERIFF'S DEPARTMENT SHOOTING RANGE | 58001 |
Of the foregoing appropriation item CAP-786, Rural Areas | 58002 |
Community Improvements, the $200,000 earmarked for the Portage | 58003 |
County Sheriff's Department Shooting Range shall be distributed to | 58004 |
the Portage County Sheriff's Department for utilization by that | 58005 |
department for a training facility. Any structure so constructed | 58006 |
with these funds shall be used by the Portage County Sheriff's | 58007 |
Department as a training facility for ten years or moneys must be | 58008 |
repaid to the state by Portage County. The Portage County | 58009 |
Sheriff's Department may contract with other law enforcement | 58010 |
agencies to use the training facility. | 58011 |
URBAN AREAS COMMUNITY IMPROVEMENTS | 58012 |
From the foregoing appropriation item CAP-817, Urban Areas | 58013 |
Community Improvements, grants shall be made for the following | 58014 |
projects: | 58015 |
Cross Links 2000 - Middletown Downtown | 58016 | ||||||
Revitalization | $ | 2,000,000 | 58017 | ||||
Solon Community Arts Center | $ | 275,000 | 58018 | ||||
Cleveland Health Museum | $ | 1,000,000 | 58019 | ||||
Cleveland Jewish Community Center | $ | 350,000 | 58020 | ||||
Beck Center for the Arts | $ | 500,000 | 58021 | ||||
Cleveland School for the Arts | $ | 100,000 | 58022 | ||||
Hill House | $ | 325,000 | 58023 | ||||
Bellfaire/Jewish Children's Bureau | $ | 1,020,000 | 58024 | ||||
Karamu House Improvements | $ | 600,000 | 58025 | ||||
Halloran Ice Skating Rink | $ | 300,000 | 58026 | ||||
Cleveland Greenhouse Improvements | $ | 255,000 | 58027 | ||||
Alliance for Poles of America Facility | 58028 | ||||||
Improvements | $ | 260,000 | 58029 | ||||
West Side Ecumenical Ministry | $ | 375,000 | 58030 | ||||
Solon VFW Memorial | $ | 7,000 | 58031 | ||||
Solon Senior Center | $ | 300,000 | 58032 | ||||
Brecksville Senior Development Project | $ | 10,000 | 58033 | ||||
Bentlyville Village Hall | $ | 30,000 | 58034 | ||||
Sterns Farm | $ | 70,000 | 58035 | ||||
Schaaf Community Center | $ | 100,000 | 58036 | ||||
Olmstead Community Center | $ | 100,000 | 58037 | ||||
Horizon Center | $ | 200,000 | 58038 | ||||
North Royalton Recreation Center | $ | 200,000 | 58039 | ||||
St. Vincent de Paul Recycle Project | $ | 250,000 | 58040 | ||||
Cleveland Free Clinic | $ | 370,000 | 58041 | ||||
Alta House | $ | 35,000 | 58042 | ||||
Rickenbacker House Restoration and Park | $ | 475,000 | 58043 | ||||
King Lincoln District Revitalization | $ | 1,425,000 | 58044 | ||||
J. Ashburn Youth Center | $ | 500,000 | 58045 | ||||
Columbus Downtown Initiatives Planning | $ | 1,900,000 | 58046 | ||||
Leo Yassenoff Columbus Community Center | $ | 400,000 | 58047 | ||||
Rickenbacker Air and Industrial Park | $ | 6,000,000 | 58048 | ||||
Clintonville Improvements | $ | 150,000 | 58049 | ||||
Grove City YMCA | $ | 35,000 | 58050 | ||||
Victorian Village Society | $ | 15,000 | 58051 | ||||
Beech Acres Family Center | $ | 50,000 | 58052 | ||||
Health Education Center | $ | 25,000 | 58053 | ||||
Convention Center Expansion Planning | $ | 500,000 | 58054 | ||||
German Heritage Museum | $ | 12,000 | 58055 | ||||
Lincoln Heights Health Center Improvements | $ | 1,000,000 | 58056 | ||||
South End Revitalization Project | $ | 100,000 | 58057 | ||||
Toledo International Youth Hostel Renovations | $ | 50,000 | 58058 | ||||
Sylvania Recreation Center | $ | 450,000 | 58059 | ||||
Sylvania Senior Center | $ | 300,000 | 58060 | ||||
Canton Civic Center | $ | 1,000,000 | 58061 | ||||
Canton Jewish Community Center Renovations | $ | 20,000 | 58062 | ||||
Canton Jewish Women's Center | $ | 100,000 | 58063 | ||||
J.R. Coleman Center | $ | 250,000 | 58064 | ||||
Gateway Social Services Building | $ | 450,000 | 58065 | ||||
Massillon Domestic Violence Shelter for | 58066 | ||||||
Battered Women | $ | 100,000 | 58067 | ||||
Massillon Civic Center | $ | 1,000,000 | 58068 | ||||
Football Hall of Fame | $ | 150,000 | 58069 | ||||
Stark Central YMCA | $ | 25,000 | 58070 | ||||
Stark County Convention and Visitors Bureau | 58071 | ||||||
Tourist Center | $ | 25,000 | 58072 | ||||
Akron Jewish Community Center Renovations | $ | 85,000 | 58073 | ||||
Oriana House | $ | 450,000 | 58074 | ||||
Cedar Grove Mausoleum Improvements | $ | 30,000 | 58075 | ||||
Amphitheater, Riverwalk, and Kinsman House | 58076 | ||||||
Improvements | $ | 1,000,000 | 58077 | ||||
Fairlawn, Bath, Copley Community Center | $ | 65,000 | 58078 | ||||
Loew Field Improvements | $ | 50,000 | 58079 | ||||
Harvard Community Services Center Renovation | 58080 | ||||||
and Expansion | $ | 20,000 | 58081 | ||||
City of South Euclid-Construction of Complying | 58082 | ||||||
Community Ground Sign | $ | 5,000 | 58083 | ||||
Henn Mansion Renovation | $ | 25,000 | 58084 | ||||
Collinwood Community Service Center Repair | 58085 | ||||||
and Renovation | $ | 20,000 | 58086 | ||||
Bowman Park - City of Toledo | $ | 80,000 | 58087 | ||||
Godman Guild | $ | 65,000 | 58088 |
COMMUNITY THEATRE RENOVATIONS | 58089 |
From the foregoing appropriation item CAP-818, Community | 58090 |
Theatre Renovations, grants shall be made for the following | 58091 |
projects: | 58092 |
Hayesville Opera House | $ | 50,000 | 58093 | ||||
Cleveland Public Theatre Improvements - Gordon | 58094 | ||||||
Square | $ | 160,000 | 58095 | ||||
Markay Theatre Renovations | $ | 100,000 | 58096 | ||||
Stranahan Theatre | $ | 100,000 | 58097 | ||||
Holland Theatre | $ | 250,000 | 58098 | ||||
Lorain Palace Theatre Improvements | $ | 200,000 | 58099 | ||||
Ohio Ballet | $ | 250,000 | 58100 | ||||
Ritz Theatre Renovations | $ | 100,000 | 58101 |
Sec. 18. All items set forth in this section are hereby | 58103 |
appropriated out of any moneys in the state treasury to the credit | 58104 |
of the Arts Facilities Building Fund (Fund 030). Revenues to the | 58105 |
Arts Facilities Building Fund shall consist of proceeds of | 58106 |
obligations authorized to pay costs of the following capital | 58107 |
improvements: | 58108 |
Appropriations |
58109 |
CAP-010 | Sandusky State Theatre Improvements | $ | 200,000 | 58110 | |||
CAP-013 | Stambaugh Hall Improvements | $ | 500,000 | 58111 | |||
CAP-033 | Woodward Opera House Renovation | $ | 250,000 | 58112 | |||
CAP-037 | Canton Palace Theatre Renovations | $ | 750,000 | 58113 | |||
CAP-044 | National Underground Railroad Freedom Center | $ | 3,500,000 | 58114 | |||
CAP-045 | Cincinnati Contemporary Arts Center | $ | 2,000,000 | 58115 | |||
CAP-046 | Cincinnati Museum Center Improvements | $ | 200,000 | 58116 | |||
CAP-048 | John and Annie Glenn Museum | $ | 500,000 | 58117 | |||
CAP-051 | Akron Civic Theatre Improvements | $ | 1,000,000 | 58118 | |||
CAP-052 | Akron Art Museum | $ | 2,500,000 | 58119 | |||
CAP-056 | Ohio Agricultural and Industrial Heritage Center | $ | 2,500,000 | 58120 | |||
CAP-063 | Robins Theatre Renovations | $ | 1,000,000 | 58121 | |||
CAP-734 | Hayes Presidential Center-Museum and Home Improvements | $ | 750,000 | 58122 | |||
CAP-735 | Paul Lawrence Dunbar House | $ | 672,000 | 58123 | |||
CAP-741 | Adena State Memorial Renovations | $ | 3,888,000 | 58124 | |||
CAP-742 | Ft. Meigs Museum and Exhibit Improvements | $ | 1,805,000 | 58125 | |||
CAP-780 | Harding Tomb and Site Renovations | $ | 138,000 | 58126 | |||
CAP-781 | Archives and Library Automation | $ | 300,000 | 58127 | |||
CAP-784 | Ohio Historical Center Rehabilitation | $ | 500,000 | 58128 | |||
CAP-786 | Piqua/Fort Pickawillany Acquisition and Improvements | $ | 435,000 | 58129 | |||
CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 200,000 | 58130 | |||
CAP-790 | Reese-Peters Site Improvements | $ | 250,000 | 58131 | |||
CAP-798 | Multi-Site Fire and Security System Improvements | $ | 100,000 | 58132 | |||
CAP-801 | Statewide Underground Storage Tank Removal | $ | 107,000 | 58133 | |||
CAP-802 | Zane Grey Museum Improvements | $ | 280,000 | 58134 | |||
CAP-803 | Digitization of OHS Collection | $ | 750,000 | 58135 | |||
CAP-806 | Grant Boyhood Home Improvements | $ | 200,000 | 58136 | |||
CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 58137 | |||
CAP-811 | National First Ladies Library | $ | 500,000 | 58138 | |||
CAP-812 | Dayton Performing Arts Center | $ | 9,500,000 | 58139 | |||
CAP-814 | Crawford Museum of Transportation and Industry | $ | 3,000,000 2,500,000 | 58140 | |||
Total Arts Facilities Commission | $ | 38,725,000 38,225,000 | 58141 | ||||
Total Arts Facilities Building Fund | $ | 38,725,000 38,225,000" | 58142 |
Section 170. * That existing Sections 6.01 and 18 of Am. | 58144 |
Sub. H.B. 640 of the 123rd General Assembly, as most recently | 58145 |
amended by Am. Sub. S.B. 346, are hereby repealed. | 58146 |
Section 171. That Section 4 of Am. Sub. H.B. 478 of the 119th | 58147 |
General Assembly, as amended by Am. Sub. S.B. 300 of the 121st | 58148 |
General Assembly and Am. Sub. H.B. 215 of the 122nd General | 58149 |
Assembly, is hereby repealed. | 58150 |
The intent of this repeal is to remove the limitation imposed | 58151 |
by Section 4 of Am. Sub. H.B. 478 of the 119th General Assembly | 58152 |
upon the continued existence of sections 3702.71, 3702.72, | 58153 |
3702.73, 3702.74, 3702.75, 3702.76, 3702.77, 3702.78, 3702.79, | 58154 |
3702.80, and 3702.81 of the Revised Code. This intent is not | 58155 |
affected by the rule of construction in section 1.57 of the | 58156 |
Revised Code. | 58157 |
Section 172. That Section 18 of Am. Sub. H.B. 650 of the | 58158 |
122nd General Assembly, as most recently amended by Sub. S.B. 245 | 58159 |
of the 123rd General Assembly, is hereby repealed. | 58160 |
Section 173. That Section 17 of Am. Sub. H.B. 282 of the | 58161 |
123rd General Assembly, as most recently amended by Sub. S.B. 245 | 58162 |
of the 123rd General Assembly, is hereby repealed. | 58163 |
Section 174. That Section 15 of Am. Sub. S.B. 287 of the | 58164 |
123rd General Assembly is hereby repealed. | 58165 |
Section 175. * All items set forth in this section are | 58166 |
hereby appropriated out of any moneys in the state treasury to the | 58167 |
credit of the School Building Program Assistance Fund (Fund 032), | 58168 |
created under section 3318.25 of the Revised Code, derived from | 58169 |
the proceeds of obligations heretofore and herein authorized to | 58170 |
pay the cost of facilities for a system of common schools | 58171 |
throughout the state for the period beginning July 1, 2001, and | 58172 |
ending June 30, 2003. | 58173 |
58174 |
CAP-770 | School Building Program Assistance | $ | 300,000,000 | 58175 | |||
Total School Facilities Commission | $ | 300,000,000 | 58176 | ||||
Total School Building Program Assistance Fund | $ | 300,000,000 | 58177 |
SCHOOL BUILDING PROGRAM ASSISTANCE | 58178 |
The foregoing appropriation item CAP-770, School Building | 58179 |
Program Assistance, shall be used by the School Facilities | 58180 |
Commission to provide funding to school districts that receive | 58181 |
conditional approval from the Commission pursuant to Chapter 3318. | 58182 |
of the Revised Code. | 58183 |
Expenditures from appropriations contained in this act may be | 58184 |
accounted for as though made in Am. Sub. H.B. 640 of the 123rd | 58185 |
General Assembly. The appropriations made in this act are subject | 58186 |
to all provisions of Am. Sub. H.B. 640 of the 123rd General | 58187 |
Assembly that are generally applicable to such appropriations. | 58188 |
Section 176. The Office of Criminal Justice Services and the | 58189 |
Department of Job and Family Services shall enter into an | 58190 |
interagency agreement for the transfer to the Office of the | 58191 |
Department's duties, records, assets, and liabilities related to | 58192 |
the administration of funds received under the "Family Violence | 58193 |
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 58194 |
10401, as amended. Subject to the layoff provisions of sections | 58195 |
124.321 to 124.328 of the Revised Code and of any applicable | 58196 |
collective bargaining agreement, employees of the Department of | 58197 |
Job and Family Services whose primary duties relate to the | 58198 |
administration of those funds are hereby transferred to the Office | 58199 |
of Criminal Justice Services and shall retain their positions and | 58200 |
all of the benefits accruing to them. | 58201 |
Section 177. WOMEN'S POLICY AND RESEARCH COMMISSION FUND | 58202 |
TRANSFERS | 58203 |
Notwithstanding any other provision of law to the contrary, | 58204 |
the Director of Budget and Management shall transfer any remaining | 58205 |
amounts of cash from the specified obsolete fund to the General | 58206 |
Revenue Fund (Fund GRF) within thirty days after the effective | 58207 |
date of this section: Women's Policy and Research Commission, Fund | 58208 |
4V9, Women's Policy and Research Commission Fund. | 58209 |
Section 178. OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL. | 58210 |
The Ohio Family and Children First Cabinet Council shall | 58211 |
conduct an assessment of the need for and resources available for | 58212 |
services and programs that serve children under six years of age. | 58213 |
The assessment shall include identifying supports available to | 58214 |
those services and programs and gaps in services across Ohio, as | 58215 |
well as a review of existing state laws and administrative | 58216 |
procedures related to those services and programs. Based on its | 58217 |
assessment, the Cabinet Council shall develop, in consultation | 58218 |
with early childhood, business, and community organizations, a | 58219 |
strategic plan that does both of the following: | 58220 |
(1) Identifies goals for developing an integrated system of | 58221 |
early care and education for families with children under six | 58222 |
years of age. | 58223 |
(2) Recommends specific steps that must be taken to | 58224 |
accomplish those goals, including establishing linkages between | 58225 |
schools and early childhood programs to ensure successful | 58226 |
transitions for children and their families. The recommendations | 58227 |
included in the strategic plan shall maximize opportunities for | 58228 |
existing programs and services to blend funding sources and work | 58229 |
together. | 58230 |
The Cabinet Council shall provide copies of the strategic | 58231 |
plan to the Governor, Speaker and Minority Leader of the House of | 58232 |
Representatives, and the President and Minority Leader of the | 58233 |
Senate not later than June 30, 2002. | 58234 |
Section 179. On the effective date of this section, the Mine | 58235 |
Examining Board is abolished and all of its functions and assets, | 58236 |
liabilities, equipment, and records, irrespective of form or | 58237 |
medium, are transferred to the Chief of the Division of Mineral | 58238 |
Resources Management in the Department of Natural Resources and | 58239 |
the Reclamation Commission, as provided in Section 1 of this act. | 58240 |
The Chief and the Reclamation Commission, as appropriate, are | 58241 |
thereupon and thereafter successor to, assume the obligations of, | 58242 |
and otherwise constitute the continuation of the Mine Examining | 58243 |
Board. | 58244 |
Any business commenced, but not completed by, the Mine | 58245 |
Examining Board on the effective date of this section shall be | 58246 |
completed by the Chief or the Reclamation Commission, as | 58247 |
appropriate. No validation, cure, right, privilege, remedy, | 58248 |
obligation, or liability is lost or impaired by reason of the | 58249 |
transfer required by this section, but shall be administered by | 58250 |
the Chief or the Reclamation Commission, as appropriate. All of | 58251 |
the Mine Examining Board's rules, orders, and determinations | 58252 |
continue in effect as rules, orders, and determinations of the | 58253 |
Chief and the Reclamation Commission, as appropriate, until | 58254 |
modified or rescinded by the Chief or the Reclamation Commission, | 58255 |
as appropriate. | 58256 |
Subject to the lay-off provisions of sections 124.321 to | 58257 |
124.328 of the Revised Code, all the employees of the Mine | 58258 |
Examining Board are transferred to the Division of Mineral | 58259 |
Resources Management and the Reclamation Commission, as | 58260 |
appropriate. | 58261 |
Whenever the Mine Examining Board is referred to in any law, | 58262 |
contract, or other document, the reference shall be deemed to | 58263 |
refer to the Chief of the Division of Mineral Resources Management | 58264 |
or the Reclamation Commission, as appropriate. | 58265 |
No action or proceeding pending on the effective date of this | 58266 |
section is affected by the transfer, and shall be prosecuted or | 58267 |
defended in the name of the Chief or the Reclamation Commission, | 58268 |
as appropriate. In all such actions and proceedings, the Chief or | 58269 |
the Reclamation Commission, as appropriate, shall be substituted | 58270 |
as a party upon application by the receiving entity to the court | 58271 |
or other appropriate tribunal. | 58272 |
Section 180. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL | 58273 |
FACILITIES | 58274 |
Notwithstanding any other provisions of law to the contrary, | 58275 |
the School Facilities Commission may provide assistance under the | 58276 |
Exceptional Needs Pilot Program to any school district and not | 58277 |
exclusively a school district in the lowest 50 per cent of | 58278 |
adjusted valuation per pupil on the fiscal year 1999 ranking of | 58279 |
school districts established pursuant to section 3317.02 of the | 58280 |
Revised Code, for the purpose of the relocation or replacement of | 58281 |
school facilities required as a result of extreme environmental | 58282 |
contamination. If in the assessment of the school district's | 58283 |
classroom facilities needs conducted under the Exceptional Needs | 58284 |
Pilot Program pursuant to Section 26 of Am. Sub. H.B. 850 of the | 58285 |
122nd General Assembly, the commission determines that all the | 58286 |
school district's classroom facilities ultimately will require | 58287 |
replacement under sections 3318.01 to 3318.20 of the Revised Code, | 58288 |
then the commission may undertake a district-wide project under | 58289 |
sections 3318.01 to 3318.20 of the Revised Code. | 58290 |
The School Facilities Commission shall contract with an | 58291 |
independent environmental consultant to conduct a study and to | 58292 |
report to the commission as to the seriousness of the | 58293 |
environmental contamination, whether the contamination violates | 58294 |
applicable state and federal standards, and whether the facilities | 58295 |
are no longer suitable for use as school facilities. The | 58296 |
commission then shall make a determination regarding funding for | 58297 |
the relocation or replacement of the school facilities. If the | 58298 |
federal government or other public or private entity provides | 58299 |
funds for restitution of costs incurred by the state or school | 58300 |
district in the relocation or replacement of the school | 58301 |
facilities, the school district shall use such funds in excess of | 58302 |
the school district's share to refund the state for the state's | 58303 |
contribution to the environmental contamination portion of the | 58304 |
project. The school district may apply an amount of such | 58305 |
restitution funds up to an amount equal to the school district's | 58306 |
portion of the project, as defined by the commission, toward | 58307 |
paying its portion of that project to reduce the amount of bonds | 58308 |
the school district otherwise must issue to receive state | 58309 |
assistance under sections 3318.01 to 3318.20 of the Revised Code. | 58310 |
Section 181. (A) The Ohio School Facilities Commission may | 58311 |
commit up to thirty-five million dollars to the Canton City School | 58312 |
District for construction of a facility described in this section, | 58313 |
in lieu of a high school that would otherwise be authorized under | 58314 |
Chapter 3318. of the Revised Code. The commission shall not | 58315 |
commit funds under this section unless all of the following | 58316 |
conditions are met: | 58317 |
(1) The district has entered into a cooperative agreement | 58318 |
with a state-assisted technical college. | 58319 |
(2) The district has received an irrevocable commitment of | 58320 |
additional funding from nonpublic sources. | 58321 |
(3) The facility is intended to serve both secondary and | 58322 |
postsecondary instructional purposes. | 58323 |
(B) The commission shall enter into an agreement with the | 58324 |
district for the construction of the facility authorized under | 58325 |
this section that is separate from and in addition to the | 58326 |
agreement required for the district's participation in the | 58327 |
Classroom Facilities Assistance Program under section 3318.08 of | 58328 |
the Revised Code. Notwithstanding that section and sections | 58329 |
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 58330 |
agreement shall provide, but not be limited to, the following: | 58331 |
(1) The commission shall not have any oversight | 58332 |
responsibilities over the construction of the facility. | 58333 |
(2) The facility need not comply with the specifications for | 58334 |
plans and materials for high schools adopted by the commission. | 58335 |
(3) The commission may decrease the basic project cost that | 58336 |
would otherwise be calculated for a high school under Chapter | 58337 |
3318. of the Revised Code. | 58338 |
(4) The state shall not share in any increases in the basic | 58339 |
project cost for the facility above the amount authorized under | 58340 |
this section. | 58341 |
All other provisions of Chapter 3318. of the Revised Code | 58342 |
apply to the approval and construction of a facility authorized | 58343 |
under this section. | 58344 |
The state funds committed to the facility authorized by this | 58345 |
section shall be part of the total amount the state commits to the | 58346 |
Canton City School District under Chapter 3318. of the Revised | 58347 |
Code. All additional state funds committed to the Canton City | 58348 |
School District for classroom facilities assistance shall be | 58349 |
subject to all provisions of Chapter 3318. of the Revised Code. | 58350 |
Section 182. Not later than July 1, 2001, the Tax | 58351 |
Commissioner shall certify to the Department of Education for each | 58352 |
city, local, and exempted village school district the total | 58353 |
federal adjusted gross income of the residents of the school | 58354 |
district, based on tax returns filed by the residents of the | 58355 |
district, for each of the three most recent years for which this | 58356 |
information is available. The Department shall use the information | 58357 |
certified under this section to compute each district's state | 58358 |
parity aid funding under section 3317.0217 of the Revised Code in | 58359 |
fiscal year 2002. | 58360 |
Section 183. The Legislative Office of Education Oversight | 58361 |
shall review and evaluate the policies adopted by school districts | 58362 |
for the identification of gifted students under section 3313.21 of | 58363 |
the Revised Code and analyze the advantages and disadvantages of | 58364 |
allocating funds on either a district percentage basis or on a | 58365 |
unit basis. Not later than November 30, 2002, the Office shall | 58366 |
issue a report that summarizes the results of the evaluations and | 58367 |
recommends appropriate methods for serving students who are | 58368 |
gifted. The Office shall submit its report to the President of | 58369 |
the Senate, the Speaker of the House of Representatives, the | 58370 |
Minority Leader of the Senate, the Minority Leader of the House of | 58371 |
Representatives, and the Governor. | 58372 |
Section 184. The Department of Education shall consider the | 58373 |
feasiability and desirability of relocating the department staff | 58374 |
responsible for gifted education from the Center for Students, | 58375 |
Families, and Communities to the Center for Curriculum and | 58376 |
Assessment. | 58377 |
Section 185. There is hereby created the Instructional | 58378 |
Subsidy and Challenge Review Committee. The Committee shall | 58379 |
contain ten members: the Chancellor of the Ohio Board of Regents | 58380 |
or the chancellor's designee; a representative of two-year | 58381 |
colleges and two representatives of the state universities | 58382 |
identified in section 3345.011 of the Revised Code, all three of | 58383 |
whom shall be appointed jointly by the President of the Senate and | 58384 |
the Speaker of the House of Representatives; three members of the | 58385 |
Senate appointed by the President of the Senate, two of whom shall | 58386 |
be members of the majority party and one of whom shall be a member | 58387 |
of the minority party; and three members of the House of | 58388 |
Representatives appointed by the Speaker of the House, two of whom | 58389 |
shall be members of the majority party and one of whom shall be a | 58390 |
member of the minority party. The Committee shall perform a | 58391 |
comprehensive review of the allocation formula for the State Share | 58392 |
of Instruction appropriation item as well as all of the | 58393 |
"Challenge" appropriation items contained in the Board of Regents' | 58394 |
budget and shall issue a report containing its recommendations to | 58395 |
the General Assembly not later than December 31, 2001. Upon | 58396 |
issuance of its report, the Committee shall cease to exist. | 58397 |
Section 186. The Arts Facilities Building Fund and Sports | 58398 |
Facilities Building Fund created by section 3383.09 of the Revised | 58399 |
Code are the same as the Arts Facilities Building Fund and the | 58400 |
Sports Facilities Building Fund from which appropriations are made | 58401 |
in Am. Sub. H.B. 640 of the 123rd General Assembly. | 58402 |
Section 187. An owner or operator of a facility that is | 58403 |
regulated under Chapter 1509. of the Revised Code who submits the | 58404 |
fees that the owner or operator is required to submit under | 58405 |
section 3750.13 of the Revised Code, as amended by this act, by | 58406 |
the first day of March of the year following the effective date of | 58407 |
this section shall be deemed to have paid all late fees, | 58408 |
penalties, and interest and to have satisfied all other monetary | 58409 |
obligations that were imposed on that person under Chapter 3750. | 58410 |
of the Revised Code prior to that date. As used in this section, | 58411 |
"facility" has the same meaning as in section 3750.01 of the | 58412 |
Revised Code. | 58413 |
Section 188. (A) Notwithstanding section 4717.07 of the | 58414 |
Revised Code as amended by this act, the Board of Embalmers and | 58415 |
Funeral Directors shall charge and collect the following fees for | 58416 |
the renewal of licenses that expire on December 31, 2001: | 58417 |
(1) Sixty dollars for renewal of an embalmer's or funeral | 58418 |
director's license; | 58419 |
(2) One hundred twenty-five dollars for renewal of a license | 58420 |
to operate a funeral home; | 58421 |
(3) One hundred dollars for renewal of a license to operate | 58422 |
an embalming facility; | 58423 |
(4) One hundred dollars for renewal of a license to operate | 58424 |
a crematory facility. | 58425 |
(B) Notwithstanding section 4717.08 of the Revised Code as | 58426 |
amended by this act, every license issued under Chapter 4717. of | 58427 |
the Revised Code expires on December 31, 2001, and shall be | 58428 |
renewed on or before that date according to the standard license | 58429 |
renewal procedure set forth in Chapter 4745. of the Revised Code. | 58430 |
Section 189. Unless five licensed embalmers and practicing | 58431 |
funeral directors are serving on the Board of Embalmers and | 58432 |
Funeral Directors on the effective date of this section, the first | 58433 |
person appointed to fill a vacancy occurring on the Board on or | 58434 |
after that date under section 4717.02 of the Revised Code, as | 58435 |
amended by this act, shall be a licensed embalmer and practicing | 58436 |
funeral director with at least ten consecutive years of experience | 58437 |
in this state immediately preceding the date of the person's | 58438 |
appointment. | 58439 |
Section 190. Notwithstanding section 4775.08 of the Revised | 58440 |
Code, as amended by this act, during calendar year 2001, the | 58441 |
initial and annual renewal fee for a motor vehicle collision | 58442 |
repair registration certificate and for a temporary motor vehicle | 58443 |
collision repair registration certificate is one hundred dollars | 58444 |
for each business location at which the motor vehicle collision | 58445 |
repair operator conducts business as an operator. However, the | 58446 |
Board of Motor Vehicle Collision Repair Registration may adjust | 58447 |
the fee in the same manner as provided in division (A) of section | 58448 |
4775.08 of the Revised Code, as amended by this act. | 58449 |
Section 191. (A) As used in this section: | 58450 |
(1) "Amnesty" means forgiving a taxpayer's liability for | 58451 |
penalties and one-half of the interest that accrue on account of | 58452 |
the late payment, nonpayment, underreporting, or unreporting of | 58453 |
delinquent taxes. | 58454 |
(2) "Delinquent taxes" means taxes imposed under section | 58455 |
5727.24 or 5727.30 (public utility excise tax), 5733.06 or 5733.41 | 58456 |
(corporation franchise tax), 5739.02 (except division (C) of | 58457 |
section 5739.02), 5739.021, 5739.023, 5739.026, 5741.02, | 58458 |
5741.021, 5741.022, or 5741.023 (sales and use taxes), or 5747.02, | 58459 |
5747.41, or 5747.07 (personal income tax) of the Revised Code, | 58460 |
that were due and payable from a taxpayer, that were unreported or | 58461 |
underreported, and that remain unpaid. "Delinquent taxes" does | 58462 |
not include taxes for which a notice of assessment or audit has | 58463 |
been issued, a bill has been issued, or an audit is currently | 58464 |
being conducted. | 58465 |
(3) "Taxpayer" means any individual or other person, as | 58466 |
defined in section 5701.01 of the Revised Code, that is subject to | 58467 |
taxes imposed under section 5727.24, 5727.30, 5733.06, 5733.41, | 58468 |
5739.02, 5741.02, 5747.02, or 5747.41 of the Revised Code, | 58469 |
including any vendor subject to sections 5739.03 and 5739.12 of | 58470 |
the Revised Code, any seller subject to section 5741.04 or 5741.12 | 58471 |
of the Revised Code, any employer subject to section 5747.07 of | 58472 |
the Revised Code, and any qualifying entity as defined in section | 58473 |
5733.40 of the Revised Code. | 58474 |
(B)(1) Beginning on October 15, 2001, and ending on January | 58475 |
15, 2002, if a taxpayer that owes delinquent taxes pays the full | 58476 |
amount of delinquent taxes and one-half of any interest to the | 58477 |
Treasurer of State, in the form and manner prescribed by the Tax | 58478 |
Commissioner, the Tax Commissioner shall grant amnesty for any | 58479 |
penalties and one-half of the interest that otherwise are imposed | 58480 |
as a result of delinquency in the payment of those taxes. | 58481 |
(2) The Tax Commissioner shall prescribe forms on which | 58482 |
taxpayers may apply for amnesty. The Tax Commissioner may require | 58483 |
taxpayers applying for amnesty to file returns or reports, | 58484 |
including amended returns and reports, that otherwise would be | 58485 |
required. | 58486 |
(C) If a taxpayer pays delinquent taxes as prescribed in | 58487 |
division (B) of this section, no criminal prosecution or civil | 58488 |
action shall be brought thereafter against the taxpayer and no | 58489 |
assessment shall be issued thereafter against the taxpayer on | 58490 |
account of the delinquent taxes paid. | 58491 |
(D) Delinquent taxes and interest collected under this | 58492 |
section shall be credited to the General Revenue Fund. | 58493 |
(E) This section is hereby repealed, effective January 16, | 58494 |
2002. | 58495 |
Section 192. The credit allowed by section 5747.29 of the | 58496 |
Revised Code shall not be claimed for taxable year 2001 or 2002. | 58497 |
Section 193. Except as otherwise specifically provided in | 58498 |
this act, the codified sections of law amended or enacted in this | 58499 |
act, and the items of law of which the codified sections of law | 58500 |
amended or enacted in this act are composed, are subject to the | 58501 |
referendum. Therefore, under Ohio Constitution, Article II, | 58502 |
Section 1c and section 1.471 of the Revised Code, the codified | 58503 |
sections of law amended or enacted by this act, and the items of | 58504 |
law of which the codified sections of law as amended or enacted by | 58505 |
this act are composed, take effect on the ninety-first day after | 58506 |
this act is filed with the Secretary of State. If, however, a | 58507 |
referendum petition is filed against any such codified section of | 58508 |
law as amended or enacted by this act, or against any item of law | 58509 |
of which any such codified section of law as amended or enacted by | 58510 |
this act is composed, the codified section of law as amended or | 58511 |
enacted, or item of law, unless rejected at the referendum, takes | 58512 |
effect at the earliest time permitted by law. | 58513 |
Section 194. Except as otherwise specifically provided in | 58514 |
this act, the repeal by this act of a codified section of law is | 58515 |
subject to the referendum. Therefore, under Ohio Constitution, | 58516 |
Article II, Section 1c and section 1.471 of the Revised Code, the | 58517 |
repeal by this act of a codified section of law takes effect on | 58518 |
the ninety-first day after this act is filed with the Secretary of | 58519 |
State. If, however, a referendum petition is filed against any | 58520 |
such repeal, the repeal, unless rejected at the referendum, takes | 58521 |
effect at the earliest time permitted by law. | 58522 |
Section 195. The repeals of sections 166.032, 1329.68, | 58523 |
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and | 58524 |
5126.054 of the Revised Code constitute items of law that are not | 58525 |
subject to the referendum. Therefore, under Ohio Constitution, | 58526 |
Article II, Section 1d and section 1.471 of the Revised Code, the | 58527 |
repeals go into immediate effect when this act becomes law. | 58528 |
Section 196. Sections 105.41, 111.16, 111.18, 111.23, 111.25, | 58529 |
121.40, 122.011, 133.06, 166.03, 181.52, 901.43, 901.63, 901.81, | 58530 |
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42, | 58531 |
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45, | 58532 |
1329.56, 1329.58, 1329.60, 1329.601, 1501.40, 1502.12, 1701.05, | 58533 |
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04, | 58534 |
1703.041, 1703.15, 1703.17, 1703.27, 1705.05, 1705.06, 1705.38, | 58535 |
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10, | 58536 |
1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06, | 58537 |
3301.70, 3302.041, 3313.603, 3314.08, 3314.09, 3314.091, 3317.012, | 58538 |
3317.013, 3317.014, 3317.02, 3317.021, 3317.022, 3317.024, | 58539 |
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.03, | 58540 |
3317.05, 3317.051, 3317.06, 3317.064, 3317.161 (3317.052), | 58541 |
3317.162 (3317.053), 3317.11, 3317.13, 3317.16, 3317.19, 3317.20, | 58542 |
3318.042, 3318.52, 3323.09, 3323.091, 3333.043, 3333.21, 3333.22, | 58543 |
3702.68, 3721.07, 3721.51, 3721.56, 3734.57, 3745.014, 3745.11, | 58544 |
3745.22, 3769.08, 3769.20, 3923.28, 3923.30, 4115.10, 4301.43, | 58545 |
4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08, 4507.24, | 58546 |
4507.50, 4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69, | 58547 |
4734.20, 4761.05, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20, | 58548 |
4779.26, 4905.87, 5101.071 (5101.251), 5101.521, 5101.821, | 58549 |
5101.85, 5101.853 (5101.851), 5101.852, 5101.854 (5101.853), | 58550 |
5103.07, 5111.041, 5111.042, 5111.081, 5111.171, 5111.25, | 58551 |
5111.251, 5111.262, 5111.28, 5111.29, 5111.87 (5111.871), | 58552 |
5111.872, 5111.873, 5123.01, 5123.041, 5123.044, 5123.045, | 58553 |
5123.046, 5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411, | 58554 |
5123.0412, 5123.0413, 5123.71, 5123.76, 5126.01, 5126.042, | 58555 |
5126.046, 5126.047, 5126.05, 5126.051, 5126.054, 5126.055, | 58556 |
5126.056, 5126.12, 5126.18, 5126.357, 5126.431, 5139.11, 5703.49, | 58557 |
5705.091, 5705.41, 5705.44, 5725.31, 5727.84, 5727.85, 5729.07, | 58558 |
5733.122, 5733.42, 5747.39, and 6109.21 of the Revised Code as | 58559 |
amended or enacted by this act, and the items of law of which such | 58560 |
sections as amended or enacted by this act are composed, are not | 58561 |
subject to the referendum. Therefore, under Ohio Constitution, | 58562 |
Article II, Section 1d and section 1.471 of the Revised Code, such | 58563 |
sections as amended or enacted by this act, and the items of law | 58564 |
of which such sections as amended or enacted by this act are | 58565 |
composed, go into immediate effect when this act becomes law. | 58566 |
Section 197. (A) The amendment by this act removing language | 58567 |
from division (B)(1)(e) of section 125.22 of the Revised Code | 58568 |
constitutes an item of law that is subject to the referendum. | 58569 |
Therefore, under Ohio Constitution, Article II, Section 1c and | 58570 |
section 1.471 of the Revised Code, the item takes effect on the | 58571 |
ninety-first day after this act is filed with the Secretary of | 58572 |
State. If, however, a referendum petition is filed against the | 58573 |
item, the item, unless rejected at the referendum, takes effect at | 58574 |
the earliest time permitted by law. | 58575 |
(B) The amendment by this act inserting division (A)(20) | 58576 |
into section 125.22 of the Revised Code constitutes an item of law | 58577 |
that is not subject to the referendum. Therefore, under Ohio | 58578 |
Constitution, Article II, Section 1d and section 1.471 of the | 58579 |
Revised Code, the item goes into immediate effect when this act | 58580 |
becomes law. | 58581 |
Section 198. (A) The amendment by this act removing language | 58582 |
from division (B)(2) of section 3318.04 of the Revised Code | 58583 |
constitutes an item of law that is subject to the referendum. | 58584 |
Therefore, under Ohio Constitution, Article II, Section 1c and | 58585 |
section 1.471 of the Revised Code, the item takes effect on the | 58586 |
ninety-first day after this act is filed with the Secretary of | 58587 |
State. If, however, a referendum petition is filed against the | 58588 |
item, the item, unless rejected at the referendum, takes effect at | 58589 |
the earliest time permitted by law. | 58590 |
(B) The amendment by this act inserting division (B)(3) into | 58591 |
section 3318.04 of the Revised Code constitutes an item of law | 58592 |
that is not subject to the referendum. Therefore, under Ohio | 58593 |
Constitution, Article II, Section 1d and section 1.471 of the | 58594 |
Revised Code, the item goes into immediate effect when this act | 58595 |
becomes law. | 58596 |
Section 199. (A) The amendment by this act removing language | 58597 |
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting | 58598 |
language into what are now divisions (G)(3) and (H), of section | 58599 |
3734.82 of the Revised Code constitutes an item of law that is | 58600 |
subject to the referendum. Therefore, under Ohio Constitution, | 58601 |
Article II, Section 1c and section 1.471 of the Revised Code, the | 58602 |
item takes effect on the ninety-first day after this act is filed | 58603 |
with the Secretary of State. If, however, a referendum petition | 58604 |
is filed against the item, the item, unless rejected at the | 58605 |
referendum, takes effect at the earliest time permitted by law. | 58606 |
(B) The amendment by this act to former division (G)(3) (now | 58607 |
division (G)(2)) of section 3734.82 of the Revised Code | 58608 |
constitutes an item of law that is not subject to the referendum. | 58609 |
Therefore, under Ohio Constitution, Article II, Section 1d and | 58610 |
section 1.471 of the Revised Code, the item goes into immediate | 58611 |
effect when this act becomes law. | 58612 |
Section 200. (A) The amendment by this act inserting | 58613 |
language into division (G) of section 5119.01 of the Revised Code | 58614 |
constitutes an item of law that is subject to the referendum. | 58615 |
Therefore, under Ohio Constitution, Article II, Section 1c and | 58616 |
section 1.471 of the Revised Code, the item takes effect on the | 58617 |
ninety-first day after this act is filed with the Secretary of | 58618 |
State. If, however, a referendum petition is filed against the | 58619 |
item, the item, unless rejected at the referendum, takes effect at | 58620 |
the earliest time permitted by law. | 58621 |
(B) The amendment by this act removing language from | 58622 |
division (I) of section 5119.01 of the Revised Code constitutes an | 58623 |
item of law that is not subject to the referendum. Therefore, | 58624 |
under Ohio Constitution, Article II, Section 1d and section 1.471 | 58625 |
of the Revised Code, the item goes into immediate effect when this | 58626 |
act becomes law. | 58627 |
Section 201. The repeal by this act of section 3317.0215 of | 58628 |
the Revised Code is not subject to the referendum. Therefore, | 58629 |
under Ohio Constitution, Article II, Section 1d and section 1.471 | 58630 |
of the Revised Code, the repeal goes into immediate effect when | 58631 |
this act becomes law. | 58632 |
Section 202. *Sections 121.04, 1501.04, and 3517.092 of the | 58633 |
Revised Code, as amended by this act, and the repeal by this act | 58634 |
of sections 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, | 58635 |
1553.07, 1553.08, 1553.09, 1553.10, and 1553.99 of the Revised | 58636 |
Code shall take effect July 1, 2002. | 58637 |
Section 203. The amendment by this act of sections 126.21, | 58638 |
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal | 58639 |
years beginning with fiscal year 2003. | 58640 |
Section 204. The enactment of section 1309.525 of the Revised | 58641 |
Code by this act is contingent upon and takes effect only if S.B. | 58642 |
74 of the 124th General Assembly becomes law and section 1309.40 | 58643 |
of the Revised Code is repealed by that latter act. | 58644 |
Section 205. (A) Sections 1345.21, 4707.01, 4707.011, | 58645 |
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, | 58646 |
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, | 58647 |
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, | 58648 |
4707.23, and 4707.99 of the Revised Code, as amended by this act, | 58649 |
shall take effect on October 1, 2001, or the earliest date | 58650 |
thereafter permitted by law. | 58651 |
(B)(1) On the effective date under division (A) of this | 58652 |
section of the sections as amended, the licensing functions of the | 58653 |
Department of Commerce under Chapter 4707. of the Revised Code are | 58654 |
transferred to the Department of Agriculture. The Department of | 58655 |
Agriculture thereupon and thereafter assumes these functions. | 58656 |
Any business commenced but not completed by the Department of | 58657 |
Commerce on that effective date shall be completed by the Director | 58658 |
or Department of Agriculture in the same manner, and with the same | 58659 |
effect, as if completed by the Director or Department of Commerce. | 58660 |
No validation, cure, right, privilege, remedy, obligation, or | 58661 |
liability is lost or impaired by reason of the transfer of | 58662 |
functions required by this section and shall be administered by | 58663 |
the Director or Department of Agriculture. All of the Department | 58664 |
of Commerce's rules, orders, and determinations continue in effect | 58665 |
as rules, orders, and determinations of the Department of | 58666 |
Agriculture until modified or rescinded by the Department of | 58667 |
Agriculture. If necessary to ensure the integrity of the | 58668 |
numbering of the Administrative Code, the Director of the | 58669 |
Legislative Service Commission shall renumber the Department of | 58670 |
Commerce's relevant rules as appropriate to reflect their transfer | 58671 |
to the Department of Agriculture. | 58672 |
No employees of the Department of Commerce are transferred to | 58673 |
the Department of Agriculture. The Director of Agriculture may | 58674 |
create up to three additional full-time positions for the | 58675 |
administration of the licensing functions of Chapter 4707. of the | 58676 |
Revised Code assumed by the Director and Department payable out of | 58677 |
the unexpended balances transferred to the Department of | 58678 |
Agriculture under division (B)(2) of this section. | 58679 |
(2) The Director of Budget and Management shall determine the | 58680 |
amount of unexpended balances in the Department of Commerce | 58681 |
appropriation accounts that pertain to auctioneers and the | 58682 |
licensing functions of the Department of Commerce under Chapter | 58683 |
4707. of the Revised Code and shall recommend to the Controlling | 58684 |
Board the transfer of such unexpended balances to the Department | 58685 |
of Agriculture. | 58686 |
In preparation for the transfer of the licensing functions | 58687 |
under Chapter 4707. of the Revised Code from the Department of | 58688 |
Commerce to the Department of Agriculture, on October 1, 2001, or | 58689 |
thereafter, the Director of Budget and Management also may | 58690 |
recommend to the Controlling Board the transfer of such moneys in | 58691 |
the unexpended balances in the appropriations to the Department of | 58692 |
Commerce to the Department of Agriculture prior to the effective | 58693 |
date of the transfer as will enable the Department of Agriculture | 58694 |
to effectively prepare for the transfer of duties. The Department | 58695 |
of Commerce shall provide full and timely information to the | 58696 |
Controlling Board to facilitate this transfer. | 58697 |
(3) Whenever the Director or Department of Commerce is | 58698 |
referred to in any law, contract, or other document relating to | 58699 |
the transferred functions, the reference shall be deemed to refer | 58700 |
to the Director or Department of Agriculture, whichever is | 58701 |
appropriate. | 58702 |
No action or proceeding pending on the effective date of this | 58703 |
section is affected by the transfer, and shall be prosecuted or | 58704 |
defended in the name of the Director or Department of Agriculture. | 58705 |
In all such actions, the Director or Department of Agriculture | 58706 |
upon application to the court shall be substituted as a party. | 58707 |
Section 206. Except as otherwise specifically provided in | 58708 |
this act, the uncodified sections of law amended or enacted in | 58709 |
this act, and the items of law of which the uncodified sections of | 58710 |
law amended or enacted in this act are composed, are not subject | 58711 |
to the referendum. Therefore, under Ohio Constitution, Article | 58712 |
II, Section 1d and section 1.471 of the Revised Code, the | 58713 |
uncodified sections of law amended or enacted in this act, and the | 58714 |
items of law of which the uncodified sections of law amended or | 58715 |
enacted in this act are composed, go into immediate effect when | 58716 |
this act becomes law. | 58717 |
Section 207. Uncodified sections of law amended or enacted in | 58718 |
this act, and items of law contained within the uncodified | 58719 |
sections of law amended or enacted in this act, that are marked | 58720 |
with an asterisk are subject to the referendum. Therefore, under | 58721 |
Ohio Constitution, Article II, Section 1c and section 1.471 of the | 58722 |
Revised Code, the uncodified sections and items of law marked with | 58723 |
an asterisk take effect on the ninety-first day after this act is | 58724 |
filed with the Secretary of State. If, however, a referendum | 58725 |
petition is filed against an uncodified section or item of law | 58726 |
marked with an asterisk, the uncodified section or item of law | 58727 |
marked with an asterisk, unless rejected at the referendum, takes | 58728 |
effect at the earliest time permitted by law. | 58729 |
If the amending and existing repeal clauses commanding the | 58730 |
amendment of an uncodified section of law are both marked with | 58731 |
asterisks, the uncodified section as amended is deemed also to | 58732 |
have been marked with an asterisk. | 58733 |
An asterisk marking an uncodified section or item of law has | 58734 |
the form *. | 58735 |
This section defines the meaning and form of, but is not | 58736 |
itself to be considered marked with, an asterisk. | 58737 |
Section 208. The amendment to Section 10 of Am. Sub. S.B. 287 | 58738 |
of the 123rd General Assembly constitutes an item of law that is | 58739 |
subject to the referendum. Therefore, under Ohio Constitution, | 58740 |
Article II, Section 1c and section 1.471 of the Revised Code, the | 58741 |
item takes effect on the ninety-first day after this act is filed | 58742 |
with the Secretary of State. If, however, a referendum petition | 58743 |
is filed against the item, the item, unless rejected at the | 58744 |
referendum, takes effect at the earliest time permitted by law. | 58745 |
Section 209. The amendments by this act to Section 5 of Am. | 58746 |
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am. | 58747 |
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am. | 58748 |
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am. | 58749 |
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am. | 58750 |
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am. | 58751 |
S.B. 210 of the 123rd General Assembly, and to Section 129 of Am. | 58752 |
Sub. H.B. 283 of the 123rd General Assembly constitute items of | 58753 |
law that are not subject to the referendum. Therefore, under Ohio | 58754 |
Constitution, Article II, Section 1d and section 1.471 of the | 58755 |
Revised Code, the items go into immediate effect when this act | 58756 |
becomes law. | 58757 |
Section 210. The repeals by this act of Section 18 of Am. | 58758 |
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of | 58759 |
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to | 58760 |
the referendum. Therefore, under Ohio Constitution, Article II, | 58761 |
Section 1d and section 1.471 of the Revised Code, the repeals go | 58762 |
into immediate effect when this act becomes law. | 58763 |
Section 211. If the amendment or enactment in this act of a | 58764 |
codified or uncodified section of law is subject to the | 58765 |
referendum, the corresponding indications in the amending, | 58766 |
enacting, or existing repeal clauses commanding the amendment or | 58767 |
enactment also are subject to the referendum, along with the | 58768 |
amendment or enactment. If the amendment or enactment by this act | 58769 |
of a codified or uncodified section of law is not subject to the | 58770 |
referendum, the corresponding indications in the amending, | 58771 |
enacting, or existing repeal clauses commanding the amendment or | 58772 |
enactment also are not subject to the referendum, the same as the | 58773 |
amendment or enactment. | 58774 |
Section 212. An item, other than an amending, enacting, or | 58775 |
repealing clause, that composes the whole or part of an uncodified | 58776 |
section contained in this act has no effect after June 30, 2003, | 58777 |
unless its context clearly indicates otherwise. | 58778 |
Section 213. The amendment of sections 4779.01, 4779.02, | 58779 |
4779.16, 4779.19, 4779.20, and 4779.26 of the Revised Code is not | 58780 |
intended to supersede the earlier repeal, with delayed effective | 58781 |
date, of those sections. | 58782 |
Section 214. * Section 102.06 of the Revised Code is | 58783 |
presented in this act as a composite of the section as amended by | 58784 |
both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of the 120th General | 58785 |
Assembly. The General Assembly, applying the principle stated in | 58786 |
division (B) of section 1.52 of the Revised Code that amendments | 58787 |
are to be harmonized if reasonably capable of simultaneous | 58788 |
operation, finds that the composite is the resulting version of | 58789 |
the section in effect prior to the effective date of the section | 58790 |
as presented in this act. | 58791 |
Section 215. *Section 121.04 of the Revised Code is | 58792 |
presented in this act as a composite of the section as amended by | 58793 |
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General | 58794 |
Assembly. The General Assembly, applying the principle stated in | 58795 |
division (B) of section 1.52 of the Revised Code that amendments | 58796 |
are to be harmonized if reasonably capable of simultaneous | 58797 |
operation, finds that the composite is the resulting version of | 58798 |
the section in effect prior to the effective date of the section | 58799 |
as presented in this act. | 58800 |
Section 216. * Section 124.24 of the Revised Code is | 58801 |
presented in this act as a composite of the section as amended by | 58802 |
both Sub. H.B. 601 and Am. Sub. H.B. 628 of the 123rd General | 58803 |
Assembly. The General Assembly, applying the principle stated in | 58804 |
division (B) of section 1.52 of the Revised Code that amendments | 58805 |
are to be harmonized if reasonably capable of simultaneous | 58806 |
operation, finds that the composite is the resulting version of | 58807 |
the section in effect prior to the effective date of the section | 58808 |
as presented in this act. | 58809 |
Section 217. Section 901.63 of the Revised Code is presented | 58810 |
in this act as a composite of the section as amended by both Sub. | 58811 |
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly. The | 58812 |
General Assembly, applying the principle stated in division (B) of | 58813 |
section 1.52 of the Revised Code that amendments are to be | 58814 |
harmonized if reasonably capable of simultaneous operation, finds | 58815 |
that the composite is the resulting version of the section in | 58816 |
effect prior to the effective date of the section as presented in | 58817 |
this act. | 58818 |
Section 218. * Section 2317.02 of the Revised Code is | 58819 |
presented in this act as a composite of the section as amended by | 58820 |
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General | 58821 |
Assembly. The General Assembly, applying the principle stated in | 58822 |
division (B) of section 1.52 of the Revised Code that amendments | 58823 |
are to be harmonized if reasonably capable of simultaneous | 58824 |
operation, finds that the composite is the resulting version of | 58825 |
the section in effect prior to the effective date of the section | 58826 |
as presented in this act. | 58827 |
Section 219. * Section 2953.21 of the Revised Code is | 58828 |
presented in this act as a composite of the section as amended by | 58829 |
both Sub. S.B. 258 and Am. Sub. S.B. 269 of the 121st General | 58830 |
Assembly. The General Assembly, applying the principle stated in | 58831 |
division (B) of section 1.52 of the Revised Code that amendments | 58832 |
are to be harmonized if reasonably capable of simultaneous | 58833 |
operation, finds that the composite is the resulting version of | 58834 |
the section in effect prior to the effective date of the section | 58835 |
as presented in this act. | 58836 |
Section 220. Section 3317.03 of the Revised Code is | 58837 |
presented in this act as a composite of the section as amended by | 58838 |
both Am. Sub. H.B. 640 and Sub. S.B. 173 of the 123rd General | 58839 |
Assembly. The General Assembly, applying the principle stated in | 58840 |
division (B) of section 1.52 of the Revised Code that amendments | 58841 |
are to be harmonized if reasonably capable of simultaneous | 58842 |
operation, finds that the composite is the resulting version of | 58843 |
the section in effect prior to the effective date of the section | 58844 |
as presented in this act. | 58845 |
Section 221. Section 4503.12 of the Revised Code is | 58846 |
presented in this act as a composite of the section as amended by | 58847 |
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General | 58848 |
Assembly. The General Assembly, applying the principle stated in | 58849 |
division (B) of section 1.52 of the Revised Code that amendments | 58850 |
are to be harmonized if reasonably capable of simultaneous | 58851 |
operation, finds that the composite is the resulting version of | 58852 |
the section in effect prior to the effective date of the section | 58853 |
as presented in this act. | 58854 |
Section 222. * Section 5101.141 of the Revised Code is | 58855 |
presented in this act as a composite of the section as amended by | 58856 |
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General | 58857 |
Assembly. The General Assembly, applying the principle stated in | 58858 |
division (B) of section 1.52 of the Revised Code that amendments | 58859 |
are to be harmonized if reasonably capable of simultaneous | 58860 |
operation, finds that the composite is the resulting version of | 58861 |
the section in effect prior to the effective date of the section | 58862 |
as presented in this act. | 58863 |
Section 223. * Section 5101.80 of the Revised Code is | 58864 |
presented in this act as a composite of the section as amended by | 58865 |
both Am. Sub. H.B. 470 and H.B. 471 of the 123rd General | 58866 |
Assembly. The General Assembly, applying the principle stated in | 58867 |
division (B) of section 1.52 of the Revised Code that amendments | 58868 |
are to be harmonized if reasonably capable of simultaneous | 58869 |
operation, finds that the composite is the resulting version of | 58870 |
the section in effect prior to the effective date of the section | 58871 |
as presented in this act. | 58872 |
Section 224. * Section 5119.61 of the Revised Code is | 58873 |
presented in this act as a composite of the section as amended by | 58874 |
both Am. H.B. 264 and Am. Sub. H.B. 283 of the 123rd General | 58875 |
Assembly. The General Assembly, applying the principle stated in | 58876 |
division (B) of section 1.52 of the Revised Code that amendments | 58877 |
are to be harmonized if reasonably capable of simultaneous | 58878 |
operation, finds that the composite is the resulting version of | 58879 |
the section in effect prior to the effective date of the section | 58880 |
as presented in this act. | 58881 |
Section 225. Section 5123.71 of the Revised Code is | 58882 |
presented in this act as a composite of the section as amended by | 58883 |
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General | 58884 |
Assembly. The General Assembly, applying the principle stated in | 58885 |
division (B) of section 1.52 of the Revised Code that amendments | 58886 |
are to be harmonized if reasonably capable of simultaneous | 58887 |
operation, finds that the composite is the resulting version of | 58888 |
the section in effect prior to the effective date of the section | 58889 |
as presented in this act. | 58890 |
Section 226. Section 5123.76 of the Revised Code is | 58891 |
presented in this act as a composite of the section as amended by | 58892 |
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General | 58893 |
Assembly. The General Assembly, applying the principle stated in | 58894 |
division (B) of section 1.52 of the Revised Code that amendments | 58895 |
are to be harmonized if reasonably capable of simultaneous | 58896 |
operation, finds that the composite is the resulting version of | 58897 |
the section in effect prior to the effective date of the section | 58898 |
as presented in this act. | 58899 |
Section 227. * Section 5727.26 of the Revised Code is | 58900 |
presented in this act as a composite of the section as amended by | 58901 |
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General | 58902 |
Assembly. The General Assembly, applying the principle stated in | 58903 |
division (B) of section 1.52 of the Revised Code that amendments | 58904 |
are to be harmonized if reasonably capable of simultaneous | 58905 |
operation, finds that the composite is the resulting version of | 58906 |
the section in effect prior to the effective date of the section | 58907 |
as presented in this act. | 58908 |
Section 228. * Section 5731.21 of the Revised Code is | 58909 |
presented in this act as a composite of the section as amended by | 58910 |
both Am. Sub. H.B. 313 and Sub. S.B. 108 of the 123rd General | 58911 |
Assembly. The General Assembly, applying the principle stated in | 58912 |
division (B) of section 1.52 of the Revised Code that amendments | 58913 |
are to be harmonized if reasonably capable of simultaneous | 58914 |
operation, finds that the composite is the resulting version of | 58915 |
the section in effect prior to the effective date of the section | 58916 |
as presented in this act. | 58917 |
Section 229. * Section 5739.02 of the Revised Code is | 58918 |
presented in this act as a composite of the section as amended by | 58919 |
Am. Sub. H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of the 123rd | 58920 |
General Assembly. The General Assembly, applying the principle | 58921 |
stated in division (B) of section 1.52 of the Revised Code that | 58922 |
amendments are to be harmonized if reasonably capable of | 58923 |
simultaneous operation, finds that the composite is the resulting | 58924 |
version of the section in effect prior to the effective date of | 58925 |
the section as presented in this act. | 58926 |
Section 230. If any item of law that constitutes the whole or | 58927 |
part of a codified or uncodified section of law contained in this | 58928 |
act, or if any application of any item of law that constitutes the | 58929 |
whole or part of a codified or uncodified section of law contained | 58930 |
in this act, is held invalid, the invalidity does not affect other | 58931 |
items of law or applications of items of law that can be given | 58932 |
effect without the invalid item of law or application. To this | 58933 |
end, the items of law of which the codified and uncodified | 58934 |
sections contained in this act are composed, and their | 58935 |
applications, are independent and severable. | 58936 |