|
|
| 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 |